Energy efficiency planning and reporting for non-rate-regulated gas and electric utilities, amendments to ch 36
ARC 3246C
UTILITIES DIVISION[199]
Adopted and Filed
Pursuant to Iowa Code chapter 476 and section 17A.4, the Utilities Board (Board) gives notice that on July 14, 2017, the Board issued an order in Docket No. RMU-2016-0019, In re: Review of Energy Efficiency Planning and Reporting for Non-Rate-Regulated Gas and Electric Utilities Rules [199 IAC Chapter 36], "Order Adopting Amendments," amending the Board's energy efficiency planning rules in Chapter 36 for utilities not required to be rate-regulated.
Notice of Intended Action was published in the January 18, 2017, Iowa Administrative Bulletin as ARC 2910C. Two parties, the Iowa Association of Electric Cooperatives (IAEC) and the Office of Consumer Advocate (OCA), a division of the Iowa Department of Justice, filed comments. After the Notice of Intended Action was published, 2017 Iowa Acts, Senate File 331, which amends some of the energy efficiency reporting requirements, was signed into law. On June 6, 2017, the Board issued an order in Docket No. RMU-2016-0019, requesting comments on proposed amendments that incorporated both stakeholder comments and reflected the enactment of 2017 Iowa Acts, Senate File 331. The Board also scheduled a meeting on June 26, 2017, for interested parties to discuss the impact of Senate File 331 on Chapter 36.
The Environmental Law & Policy Center, Iowa Environmental Council, Iowa Association of Municipal Utilities, IAEC, and OCA filed comments in response to the Board's June 6, 2017, order. All of those parties were also represented at the June 26, 2017, meeting.
The Board has modified several of the amendments proposed in the Notice of Intended Action, based on comments received, in writing and during the June 26, 2017, meeting, and on the enactment of Senate File 331. The Board's order approving this Adopted and Filed rule making describes the comments received and any amendments the Board adopted based on those comments or on the enactment of Senate File 331.
The order approving this Adopted and Filed rule making can be found on the Board's Electronic Filing System Web site, http://efs.iowa.gov, in Docket No. RMU-2016-0019.
After analysis and review of the rule making, the Board concludes that these amendments will not have a detrimental effect on jobs in Iowa.
These amendments are intended to implement Iowa Code section 476.6 as amended by 2017 Iowa Acts, Senate File 331, and section 476.62.
These amendments will become effective September 6, 2017.
The following amendments are adopted.
Item 1. Amend 199—Chapter 36, title, as follows:
ENERGY EFFICIENCY PLANNING AND REPORTING
FOR NON-RATE-REGULATED NATURAL GAS AND ELECTRIC UTILITIES NOT REQUIRED TO BE RATE-REGULATED
Item 2. Amend rule 199—36.1(476) as follows:
199—36.1(476) Non-rate-regulated utilities Utilities not required to be rate-regulated. Each non-rate-regulated natural gas and electric utility not required to be rate-regulated shall file energy efficiency plans and reports as provided in this chapter.
Item 3. Amend rule 199—36.2(476) as follows:
199—36.2(476) Definitions. The following words and terms, when used in this chapter, shall have the following meanings:
"Annual" means during each calendar year.
"Demand savings" means the change in the rate of energy usage measured over a period, which period shall be specified.
"Dollar savings" means the reduction in the dollars spent on natural gas or electricity service by customers and by the utility system as the result of the energy efficiency programs.
"Energy efficiency programs" means shall include efficiency improvements to a utility infrastructure and system and activities conducted by a utility intended to enable or encourage customers to increase the amount of heat, light, cooling, motive power, or other forms of work performed per unit of energy used. "Energy efficiency programs " also means activities which lessen the amount of heating, cooling, or other forms of work which must be performed, or activities which decrease the cost of providing energy. Examples include, including but are not limited to: energy studies or audits, general information, financial assistance, direct rebates to customers or vendors of energy-efficient products, research projects, direct installation by the utility of energy-efficient equipment, direct or indirect load control, and time-of-use rates, tree planting programs, educational programs, and hot water insulation distribution programs. In the case of a municipal utility, other utilities and departments of the municipal utility shall be considered customers to the same extent that such utilities and departments would be considered customers if served by an electric or natural gas utility that is not a municipal utility.
"Energy savings" means the amount of energy not used because of an energy efficiency program, measured in kilowatt-hours (kWh) of electricity, thousands of cubic feet (Mcf) of natural gas, or dekatherms (dth) of natural gas.
"Filing year" means the calendar year during which an energy efficiency plan or report is filed.
"Peak demand savings" means the change in the rate of energy use at the time of the utility's highest annual use, measured in kilowatts (kW), thousands of cubic feet per day (Mcf/day) of natural gas, or dekatherms per day (dth/day) of natural gas.
"Year" means calendar year.
Item 4. Amend rule 199—36.3(476) as follows:
199—36.3(476) Schedule of filings Initial energy efficiency plan filing. On or before July 1, 1992, each non-rate-regulated utility shall file its initial biennial energy efficiency plan with the board for the period January 1, 1992, through December 31, 1993. Each non-rate-regulated utility shall file subsequent biennial energy efficiency plans on or before July 1, 1994, and succeeding even-numbered years. Each utility not required to be rate-regulated shall offer energy efficiency programs to its customers through an energy efficiency plan. The utility shall assess the maximum potential energy and capacity savings available through cost-effective energy efficiency measures and programs; establish an energy efficiency goal; and establish cost-effective energy efficiency programs designed to meet the energy efficiency goal. Each utility's energy efficiency plan shall include a description of the procedures or criteria used to continue current and to select future energy efficiency programs for implementation.
Item 5. Rescind and reserve rule 199—36.4(476).
Item 6. Amend rule 199—36.5(476) as follows:
199—36.5(476) Energy efficiency report and plan update requirements. Each utility's energy efficiency plan shall include the following: Each utility not required to be rate-regulated shall file a biennial report containing the results of its energy efficiency programs on or before December 31 of each odd-numbered year. The utility may submit any forms or reports required by and prepared for a federal agency in lieu of this report.
36.5(1) A report on the results of all energy efficiency programs the utility has implemented and completed during each of the two calendar years immediately preceding the filing year. Summary information for energy efficiency programs implemented in earlier years and completed prior to the filing year may also be included in the original plan. For each program implemented during the past two calendar years and completed, the following information shall be provided: The report on the results of the utility's energy efficiency programs in place during each of the two previous completed calendar years shall include:
a. A description of the program, including the purpose or goal of the program, and the energy-using facilities, equipment, or customer behavior that the program was designed to change;
b. a.Annual Total incremental annual energy and peak demand savings , annual dollar savings, and, if available, nonpeak demand savings from the program for all energy efficiency programs by customer class for each year;
c. b.A description of the method(s) for determining the annual energy savings, peak demand savings, nonpeak demand savings, and annual dollar savings, whether engineering estimates, surveys, metering, or other methods Total peak demand savings for any demand response programs by customer class for each year;
d. Annual number of program participants;
e. c.Annual and total costs of the program Total reporting year incremental costs for all energy efficiency programs by customer class for each year;
f. d.Date the program was initiated, terminated, and the reason for termination Total reporting year incremental costs for any demand response programs by customer for each year; and
g. e.Other relevant information.
36.5(2) A report on the results and projected results of all energy efficiency programs the utility is continuing or commencing in the filing year or the year following. For those programs continuing, the report shall describe the program results from the two calendar years immediately preceding the filing year and projected results for the filing year and the year following. Summary information for energy efficiency programs implemented in earlier years but still underway may also be included in the original plan. For those programs commencing in the filing year or the year following, the report shall describe projected implementation and results of programs for each of the two years, as well as an optional description of program results beyond the two years. For each program under this subrule, the following information shall be provided: Each utility shall document and maintain any updates or amendments to the utility's initial energy efficiency plan including the goals and the projected results of all energy efficiency programs the utility plans to implement.
a. A description of the program, including the purpose or goal of the program and the energy-using facilities, equipment, or customer behavior that the program is designed to change;
b. Annual energy and peak demand savings, annual dollar savings, and, if available, nonpeak demand savings from the program;
c. Projected annual energy and peak demand savings, annual dollar savings, and, if available, nonpeak demand savings from the program;
d. A description of the method(s) for determining the annual energy savings, peak demand savings, nonpeak demand savings, and annual dollar savings, whether engineering estimates, surveys, metering, or other methods;
e. A description of the method(s) for projecting the annual energy savings, peak demand savings, nonpeak demand savings, annual dollar savings, whether engineering estimates, surveys, metering, or other methods;
f. Annual number of program participants and annual estimated number of program participants;
g. Annual and total costs of the program;
h. Estimated annual and total cost of program;
i. Date the program was initiated and planned termination dates; and
j. Other relevant information.
Item 7. Amend rule 199—36.6(476) as follows:
199—36.6(476) Program selection criteria Joint filing of initial energy efficiency plans or energy efficiency reports. Each utility's plan shall include a description of the procedures or criteria used to continue current and to select future energy efficiency programs for implementation. A utility may file its initial energy efficiency plan or energy efficiency report jointly with other utilities not required to be rate-regulated or their agents. A joint plan or report shall contain the information required by rule 199—36.3(476) or 199—36.5(476) for each utility participating in the joint plan or report, whether jointly filed or individually filed. If a plan or report is filed jointly for several utilities by a person acting as an agent for the utilities, this information for each utility shall be separately identified. The agent shall state to the board the authority to act on behalf of the utilities.
Item 8. Amend rule 199—36.7(476) as follows:
199—36.7(476) New Structure energy conservation standards. A utility providing natural gas or electric service shall not provide such service to any structure completed after April 1, 1984, unless the owner or builder of the structure has certified to the utility that the building conforms to the energy conservation requirements adopted under 661—16.801(103A) and 661—16.802(103A) 661—Chapter 303. If this compliance is already being certified to a state or local agency, a copy of that certification shall be provided to the utility. If no state or local agency is monitoring compliance with these energy conservation standards, the owner or builder shall certify that the structure complies with the standards by signing a form provided by the utility. No certification will be required for structures that are not heated or cooled by electric service, or are not intended primarily for human occupancy governed by 661—Chapter 303.
[Filed 7/11/17, effective 9/6/17]
[Published 8/2/17]
Editor's Note: For replacement pages for IAC, see IAC Supplement 8/2/17.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 8/2/2017.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 199-36.1 Rule 199-36.2 Rule 199-36.3 Rule 199-36.4 Rule 199-36.5 Rule 199-36.6 Rule 199-36.7 Rule 661-16.801 Rule 661-16.802The following keywords and tags were added to this document. You may click a keyword to view related notices.
Definitions Energy efficiency plan requirements Energy efficiencyreport and planupdate requirements Initial energy efficiency plan filing New Structure energy conservation standards Non-rate-regulated utilities Program selection criteria Schedule of filings Utilities not required to be rate-regulated© 2024; State of Iowa | Privacy Policy