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1995 SESSION
LD3390845Be it enacted by the General Assembly of Virginia:
1. That § 56-265.2 of the Code of Virginia is amended and reenacted as follows:
§ 56-265.2. Certificate of convenience and necessity required for acquisition, etc., of new facilities.
A. It shall be unlawful for any public utility to construct, enlarge
or acquire, by lease or otherwise, any facilities for use in public utility
service, except ordinary extensions or improvements in the usual course of
business within the territory in which it is lawfully authorized to
operate, without first having obtained a certificate from the Commission
that the public convenience and necessity require the exercise of such right
or privilege. The Any certificate required by this section
shall be issued by the Commission only after formal or informal
opportunity for a hearing and after due notice to interested
parties. The certificate for overhead electrical transmission lines of 150
kilovolts or more shall be issued by the Commission only after compliance
with the provisions of § 56-46.1.
B. A map showing the location of any proposed ordinary extension or
improvement outside of the territory in which the public utility is lawfully
authorized to operate shall be filed with the Commission, and prior notice of
such ordinary extension shall be given to the public utility or other entity
authorized to provide the same utility service within said territory.
Ordinary extensions outside the service territory of a public utility shall
be undertaken only for use in providing its public utility service [
within the territory in which it is lawfully authorized to operate ]
and shall be constructed and operated so as not to interfere with the
service or facilities of any public utility or other entity authorized to
provide utility service within [ such any other ]
territory. If, upon objection of the affected utility or entity filed
within thirty days of the aforesaid notice and after investigation and
opportunity for a hearing the Commission finds an ordinary extension would
not comply with this section, it may alter or amend the plan for such
activity or prohibit its construction.
2. That an emergency exists and this act is in force from its passage.