SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
10104510DPatrons-- Carrico, Crockett-Stark, Griffith, Johnson, Kilgore, Marshall, D.W., Merricks, Morefield, Nutter, Phillips, Poindexter and Ware, O.; Senator: Puckett
Be it enacted by the General Assembly of Virginia:
1. That §§ 56-237, 56-238, and 56-240 of the Code of Virginia are amended and reenacted as follows:
§ 56-237. How changes in rates effected; notice required; changes to be indicated on schedules.
No change shall be made in any schedule filed pursuant to
the preceding section (§ 56-236) § 56-236, including
schedules of joint rates, except after thirty 30 days' notice to
the Commission, in such manner as the Commission may require, and to the
public, in such manner as prescribed in § 56-237.1, and all such changed rates,
tolls, charges, rules, and regulations shall be plainly indicated upon existing
schedules or by filing new schedules in lieu thereof not less than thirty
30 days prior to the time the same are to take effect; provided that,
(i) the Commission may, in particular cases, authorize or
prescribe a less time in which changes may be made; and provided further
that, (ii) in the case of water companies, the notice to the public
shall set forth the proposed rates and charges; and (iii) in the case of
electric public utilities, no change shall be made in any schedule filed
pursuant to § 56-236 unless and until approved by the Commission, provided that
this limitation shall not apply to any change made in accordance with §§ 56-245
and 56-249.6.
§ 56-238. Suspension of proposed rates, etc.; investigation; effectiveness of rates pending investigation and subject to bond; fixing reasonable rates, etc.
The Commission, either upon complaint or on its own motion,
may suspend the enforcement of any or all of the proposed rates, tolls,
charges, rules or regulations, for a period not exceeding 150 days from the
date of filing, during which time it shall investigate the reasonableness or
justice of the proposed rates, tolls, charges, rules and regulations and
thereupon fix and order substituted therefor such rates, tolls, charges, rules
and regulations as shall be just and reasonable. Notice of the suspension of
any proposed rate, toll, charge, rule or regulation shall be given by the
Commission to the public utility, prior to the expiration of the thirty
30 days' notice to the Commission and the public heretofore provided for.
If the proceeding has not been concluded and an order made at the expiration of
the suspension period, after notice to the Commission by the public utility
making the filing, the proposed rates, tolls, charges, rules or regulations
shall go into effect. Where increased rates, tolls or charges are thus made
effective, the Commission shall, by order, require the public utility to
furnish a bond, to be approved by the Commission, to refund any amounts ordered
by the Commission, to keep accurate accounts in detail of all amounts received
by reason of such increase, and upon completion of the hearing and decision, to
order such public utility to refund, with interest at a rate set by the
Commission, the portion of such increased rates, tolls or charges by its
decision found not justified. The Commission shall prescribe all necessary
rules and regulations to effectuate the purposes of this section on or before
September 1, 1980. This section does not apply to electric public utilities,
which are not authorized to make a change in any schedule filed pursuant to §
56-236 unless and until a proposed change is approved by the Commission.
§ 56-240. Proposed rates, etc., or changes thereof, not suspended effective subject to later change by Commission; refund or credit; appeal; investor-owned public utilities required to show increase complies with § 56-235.2.
Unless the Commission so suspends such schedule of rates, tolls, charges, rules and regulations, or changes thereof, the same shall go into effect as originally filed by any public utility as defined in § 56-232 other than an electric public utility, upon the date specified in the schedule subject, however, to the power of the Commission, upon investigation thereafter, to fix and order substituted therefor such rate or rates, tolls, charges, rules, or regulations, as shall be just and reasonable, as provided in §§ 56-235 and 56-247. The Commission may thereupon, in its discretion, order such public utility to refund or give credit promptly to the parties entitled thereto any portion or all of the charges originally filed by the public utility which may have been collected or received in excess of those charges finally fixed and ordered substituted therefor by the Commission. Rates of any utility found to be operating in violation of § 56-265.3 may be deemed subject to refund by the Commission, on its own motion, as of the date of the Commission's order finding that the utility was operating in violation of § 56-265.3. Such rates shall then be interim in nature and subject to refund until such time as the Commission has determined the appropriateness of the rates. Any amount of the rates found excessive by the Commission shall be subject to refund with interest, as may be ordered by the Commission.
From any action of the Commission in prescribing rates, refunds, credits, tolls, charges, rules and regulations or changes thereof, an appeal may be taken by the corporation whose rates, refunds, credits, tolls, charges, rules and regulations or changes thereof are affected, or by the Commonwealth, or by any person deeming himself aggrieved by such action.
No rate increase shall go into effect under the provisions of
this section for an investor-owned gas, or telephone or
electric public utility unless such public utility has filed with its
schedule information and data designed to show that any increase complies with the
just and reasonable requirements of § 56-235.2, and unless based thereon the
Commission finds a reasonable probability that the increase will be justified
upon full investigation and hearing. No electric public utility shall make a
change in any schedule filed pursuant to § 56-236 (i) unless and until a
proposed change is approved by the Commission or (ii) unless such change is
made in accordance with §§ 56-245 and 56-249.6. The Commission,
shall issue its final order not more than 9 months after the end of the test
year, and any revisions in rates or credits so ordered must take effect not
later than 60 days after the date of the order and is authorized to
promulgate any rules necessary to implement this provision.