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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
LD4941633Patrons--Colgan, Cross, Holland, C.A., Russell and Walker; Delegates: Abbitt, Councill, Croshaw, Dillard, Robinson, Thomas and Woodrum
Be it enacted by the General Assembly of Virginia:
1. That §§ 56-265.13:5, 56-265.13:6, and 56-265.13:7 of the Code of Virginia are amended and reenacted as follows:
§ 56-265.13:5. Notice of rate changes.
A. A small water or sewer utility shall make a copy of its current rates, charges, fees, rules and regulations available for public inspection during regular business office hours in its designated business office where bills can be paid.
B. A Unless a small water or sewer utility shall
notify notifies in writing all of its customers of any
changes in its rates, charges, fees, rules and regulations at least
forty-five days in advance of any change in any one of them, the utility
shall not make any such changes. A copy of such notification shall be
forwarded to the Commission at the same time as provided to the customers.
The notice to the customers shall identify the nature of the change, the
effective date of the change, and in the case of changes in rates, fees, and
charges, shall identify the new rates, fees, and charges.
§ 56-265.13:6. Public hearing on application; prohibition of multiple rate increases within any twelve-month period.
A. Upon application to the Commission by at least twenty-five percent of all customers affected by a rate change or by 250 affected customers, whichever number is lesser, or by the small water or sewer utility itself, or by the Commission, upon its own motion, a hearing shall be held after at least thirty days' notice to the small water or sewer utility and to its customers. The Commission may order such improvements or changes in service, regulations, measurements, practices, acts, and rates of such utility as are just and reasonable.
When a hearing is ordered, the Commission shall have the authority to
declare suspend such rates, tolls, and charges for
no more than sixty days and to declare them to be interim
thereafter and subject to refund with interest until such time as
the Commission has made its final determination in the proceeding. Upon
completion of the hearing and decision, the Commission may order such public
utility to refund, with interest at a rate set by the Commission, the portion
of such rates, tolls, or charges found not justified by its decision.
B. The rates or charges customers of a small water or
sewer utility shall not be increased notified of an increase
in the utility's rates or charges more than once within any
twelve-month period. This limitation shall not apply to
prohibit applications for increases in rates or charges pursuant to §
56-245.
§ 56-265.13:7. Regulation by State Corporation Commission.
A. Every small water or sewer utility subject to this chapter shall be
subject only to the following provisions: §§ 56-233.1
56-234.4, 56-235.1, 56-236, 56-239, 56-245.1, 56-246,
56-247.1 through 56-248, 56-249 through 56-249.2, 56-250, 56-254, 56-256
through 56-265, and Chapters 1 (§ 56-1 et seq.), 2 (§ 56-47 et seq.) and 10.1
(§ 56-265.1 et seq.) of Title 56. Small water or sewer utilities shall not be
subject to Chapters 3 (§ 56-55 et seq.) and 4 (§ 56-76 et seq.) of Title 56.
B. The Commission is authorized to promulgate any rules necessary to implement this chapter.