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2008 SESSION

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080019616
HOUSE BILL NO. 62 Offered January 9, 2008 Prefiled December 7, 2007 A BILL to amend the Code of Virginia by adding a section numbered 12.1-29.1, relating to State Corporation Commission procedures for receiving evidence from certain persons. ---------- Patron-- Marshall, R.G. ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 12.1-29.1 as follows:

§ 12.1-29.1. Evidence from certain experts; certification by Commission.

A. Notwithstanding any provision of § 12.1-30 to the contrary, the Commission, after public hearing, shall promulgate rules of practice and procedure pursuant to § 12.1-25 that authorize the introduction, in any proceeding that pertains to rates charged by a public utility or to the siting of electric transmission lines, of evidence, either in writing or orally, that is offered by an individual who is certified by the Commission as an expert on the subject for which such evidence is offered. An individual so certified as an expert (i) need not introduce such evidence on behalf of any party to the proceeding and (ii) shall not be required to intervene in the proceeding or otherwise become a party thereto.

B. The rules promulagated pursuant to this section shall establish a procedure by which an individual may be certified by the Commission in a proceeding that pertains to rates charged by a public utility or to the siting of electric transmission lines as an expert on the subject for which the evidence is to be offered.  Such rules shall also establish procedures by which parties to the proceeding may challenge such certification, object to the introduction of any such evidence, and rebut any such evidence.  The Commission's rules of practice and procedure shall establish schedules for the qualification of persons who seek to be qualified as experts and for the introduction of such experts' written testimony.

C. An individual who has been certified by the Commission as an expert in the proceeding pursuant to the procedure established pursuant to subsection B may introduce evidence on such subject in the proceeding without the prior consent of counsel to any party to the proceeding.  The absence of a requirement that counsel to a party provide prior consent to the individual's introduction of evidence shall not be construed as limiting the counsel's rights to challenge the individual's certification as an expert, to object to the introduction of evidence, or to rebut any such evidence that is introduced, in accordance with the Commission's rules.

D. The extent, if any, to which the Commission considers evidence introduced by an expert pursuant to this section shall be within the sole discretion of the Commission.