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1998 SESSION
Be 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, without first having obtained a certificate from the Commission that the public convenience and necessity require the exercise of such right or privilege. Any certificate required by this section shall be issued by the Commission only after 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. In exercising its authority under this section, the Commission, notwithstanding the provisions of § 56-265.4, may permit the construction and operation of electrical generating facilities, which shall not be included in the rate base of any regulated utility whose rates are established pursuant to Chapter 10 (§ 56-232 et seq.) of Title 56, upon a finding that such generating facility and associated facilities including transmission lines and equipment (i) will have no material adverse effect upon the rates paid by customers of any regulated public utility in the Commonwealth; (ii) will have no material adverse effect upon reliability of electric service provided by any such regulated public utility; and (iii) are not otherwise contrary to the public interest. In review of its petition for a certificate to construct and operate a generating facility described in this subsection, the Commission shall give consideration to the effect of the facility and associated facilities, including transmission lines and equipment, on the environment and establish such conditions as may be desirable or necessary to minimize adverse environmental impact as provided in § 56-46.1. Facilities authorized by a certificate issued pursuant to this subsection may be exempted by the Commission from the provisions of Chapter 10 (§ 56-232 et seq.) of Title 56.
B. C. 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 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 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.
C. D. Whenever a certificate is required under this
section for a pipeline for the transmission or distribution of natural or
manufactured gas, the Commission may issue such a certificate only after
compliance with the provisions of § 56-265.2:1. As used in this section
and § 56-265.2:1, "pipeline for the transmission or distribution of
manufactured or natural gas" shall include the pipeline and any related
facilities incidental or necessary to the operation of the pipeline.
D. E. This section shall be subject to the requirements
of § 56-265.3, if any, and nothing herein shall be construed to supersede
§ 56-265.3.
2. That an emergency exists and this act is in force from its passage.