Title 46, Chapter 3A, Section 10
( 46-3A-10)
In setting rates for any certificated capacity resource, the
commission shall consider changed revenues and changed risks, if
any. The commission's decision in any certification,
recertification, modification, or construction review proceeding
shall be based on evidence of record. Compliance with the provisions
of the certificate as approved or modified by the commission shall
result in a presumption of prudence. The commission's findings,
although subject to judicial review, shall not be subject to
relitigation in any other proceeding; provided, however, the
issuance of a certificate under this Code section shall not preempt
any duly constituted local, state, or federal governmental body or
agency from its regulation of environmental or safety matters
incidental to construction of electric generating plants. |