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Developed and maintained by the Division of Legislative Automated Systems.
1995 SESSION
LD9807000Be it enacted by the General Assembly of Virginia:
1. That §§ 56.237.2 and 56-501.01 of the Code of Virginia are amended and reenacted as follows:
§ 56-237.2. Public hearings on protests or objections to rate changes.
Whenever pursuant to § 56-237 there shall be filed with the Commission any
schedule stating a change of rate, toll or charge and a protest or objection
thereto is filed by or on behalf of [ twenty or more ] the lesser
of 150 or five percent (5%) of the customers or consumers or other
persons subject to such rate, toll or charge, the Commission shall upon
reasonable notice conduct a public hearing concerning the lawfulness of the
proposed rate, toll or charge. At any such hearing involving a change of
rate, toll or charge, the burden of proof shall be upon the applicant
therefor to demonstrate that the proposed change is just and reasonable. The
Commission shall prescribe all necessary rules and regulations for the
conduct of such hearing, which rules shall afford ample opportunity for
participation or representation by persons affected by such change.
§ 56-501.01. Rate filings.
A. Whenever there shall be filed with the Commission a protest or objection
to any schedule stating a change of rate, toll, charge, rule and regulation,
which is filed by or on behalf of [ 20 or more persons ] the lesser
of 150 or five percent (5%) of the customers subject to such rate, toll,
charge, rule and regulation, the Commission may suspend the enforcement of
any or all of the proposed rates, tolls, charges, rules and regulations, for
a period not exceeding 150 days from the date of filing. During the 150-day
period, the Commission 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 cooperative, prior to the expiration of the thirty days' notice to the
Commission and to the public as prescribed in subsection B of this section.
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 cooperative
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 cooperative 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 cooperative to refund the portion of such increased rates,
tolls or charges by its decision found not justified.