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2014 SESSION
14100487DBe it enacted by the General Assembly of Virginia:
1. That §§ 56-46.3 and 56-122 of the Code of Virginia are amended and reenacted as follows:
§ 56-46.3. Foreign utility companies; penalties.
A. The provisions of § 33(a)(2) of the Public Utility Holding Company Act of 1935 2005 (PUHCA), as amended, 15 U.S.C. § 79, et
seq. which is set
out at § 1261 et seq. of the Energy Policy Act of 2005, stipulate that certain
exemptions afforded a foreign utility company (FUCO) under § 33(a)(1) of PUHCA
are not applicable unless every state commission having jurisdiction over the
retail electric or gas rates of a public utility company that is an associate
company or an affiliate of a company otherwise exempted under said §
33(a)(1) (other than a public utility company that is an
associate company or an affiliate of a registered holding company under PUHCA)
has certified to the United States U.S. Securities and Exchange
Commission (SEC) that it has the authority and resources to protect ratepayers
subject to its jurisdiction and that it intends to exercise its authority.
B. Upon application to the Commission by any person which that
(i) is an affiliated interest of a public service company, as such terms are
defined in Chapter 4 (§ 56-76 et seq.) of this title, (ii) proposes to invest
in or acquire a specific FUCO, and (iii) is not a registered holding company
under PUHCA, and subject to the proviso contained herein, the Commission shall
have the authority to impose upon, and require of, the applicant, the public
service company, and any other "affiliated interests" of such public
service company, such terms, conditions, limitations, restrictions,
undertakings and commitments as the Commission deems necessary to protect the
public interest from any adverse effects attributable to such proposed FUCO
investment or acquisition, including such provisions for the enforcement thereof
as the Commission shall deem necessary; and, upon doing so, may certify to the
SEC that the Commission has the authority and resources to protect the
ratepayers of such public service company subject to its jurisdiction and that
it intends to exercise its authority; provided, however, that such applicant,
the public service company, and such other affiliated interests of such public
service company shall have furnished to the Commission, prior to delivery of
said certification to the SEC, and in the manner prescribed by the Commission,
a written statement accepting all such terms, conditions, limitations,
restrictions, undertakings and commitments, as the Commission shall have so
specified.
C. The Commission shall have the power to enforce the terms, conditions, limitations, restrictions, undertakings and commitments upon which said certification was based, including the power to penalize for and enjoin the violation or attempted violation thereof, and to issue mandatory injunctions requiring such actions as may be in the public interest to remedy any such violation or attempted violation. Any person committing any such violation or attempted violation, or failing or refusing to obey any order or injunction of the Commission issued under this section, may be fined by the Commission such sum, not exceeding $100,000, as the Commission may deem proper, and each day's continuance of such condition shall be a separate offense.
§ 56-122. When railroad, steamship, etc., companies not liable as a common carrier.
Whenever any corporation, company, or association not
incorporated by or formed in this the Commonwealth, or any
person or partnership not a resident thereof,
shall obtain from a railroad, steamship, or steamboat company the right or privilege
of carrying articles upon the trains, steamships, or steamboats of such
railroad, steamship, or steamboat company, and shall comply
with the provisions of §§ 56-266 to 56-269 such railroad,
steamship, or steamboat company shall
not in any manner be liable as a common carrier for any article thereafter
delivered to such corporation, company, association, person, or partnership, for carriage as aforesaid.