A. The term "public utility" as used in §§ 56-233 to 56-240 and 56-246 to 56-250:
1. Shall mean and embrace every corporation (other than a municipality), company, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any court whatsoever, that now or hereafter may own, manage or control any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages or for the production, transmission, delivery, or furnishing of heat, chilled air, chilled water, light, power, or water, or sewerage facilities, either directly or indirectly, to or for the public.
2. Notwithstanding any provision of subdivision 1 of this subsection or subsection G of § 13.1-620, shall also include any governmental entity established pursuant to the laws of any other state, corporation (other than a municipality established under the laws of this Commonwealth), company, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any court whatsoever, that at any time owns, manages or controls any plant or equipment, or any part thereof, located within the Commonwealth, which plant or equipment is used in the provision of sewage treatment services to or for an authority as defined in § 15.2-5101; however, the Commission shall have no jurisdiction to regulate the rates, terms and conditions of sewage treatment services that are provided by any such public utility directly to persons pursuant to the terms of a franchise agreement between the public utility and a municipality established under the laws of this Commonwealth.
3. Except as provided in subdivision 2, shall not be construed to include any corporation created under the provisions of Title 13.1 unless the articles of incorporation expressly state that the corporation is to conduct business as a public service company.
B. Notwithstanding any provision of law to the contrary, no person, firm, corporation, or other entity shall be deemed a public utility or public service company, solely by virtue of engaging in production, transmission, or sale at retail of electric power as a qualifying small power producer using renewable or nondepletable primary energy sources within the meaning of regulations adopted by the Federal Energy Regulatory Commission in implementation of the Public Utility Regulatory Policies Act of 1978 (P.L. 95-617) and not exceeding 7.5 megawatts of rated capacity, nor solely by virtue of serving as an aggregator of the production of such small power producers, provided that the portion of the output of any qualifying small power producer which is sold at retail shall not be sold to residential consumers.
C. No qualifying small power producer, within the meaning of regulations adopted by the Federal Energy Regulatory Commission, shall be deemed a public utility within the meaning of Chapter 7 (§ 62.1-80 et seq.) of Title 62.1.
D. The term "public utility" as herein defined shall not be construed to include any chilled water air-conditioning cooperative serving residences in less than a one square mile area, or any company that is excluded from the definition of "public utility" by subdivision (b)(4), (b)(8), (b)(9), or (b)(10) of § 56-265.1.
E. Subject to the provisions of § 56-232.1, the term "schedules" as used in §§ 56-234 through 56-245 shall include schedules of rates and charges for service to the public and also contracts for rates and charges in sales at wholesale to other public utilities or for divisions of rates between public utilities, but shall not include contracts of telephone companies with the state government or contracts of other public utilities with municipal corporations or the federal or state government, or any contract executed prior to July 1, 1950.
Code 1919, § 4067; 1918, p. 413; 1922, p. 887; 1942, p. 20; 1950, pp. 54, 481; 1954, c. 525; 1956, c. 436; 1964, c. 195; 1966, c. 620; 1975, c. 358; 1981, c. 385; 1984, c. 341; 1985, cc. 2, 41; 1990, c. 488; 1999, c. 419; 2000, cc. 528, 543; 2002, c. 813; 2003, c. 172; 2006, c. 411; 2009, c. 746.
Notes of Decisions
Gen. Motors Corp. v. Tracy, 519 U.S. 278 (1997).
· cites it 2× “…and Supp. 1996); see generally §§ 54-21 through 54-430; Vermont: Vt. Stat. Ann., Tit. 30, § 215 (1986); Virginia: Va. Code Ann. §§ 56-232 , 56-234 (1995); see generally §§ 56-232 through 56-260.1 (1995 and Supp. 1996); Washington: Wash. Rev. Code §§ 80.04.010 , 80.28.020…”
Commonwealth Nat. Resources, Inc. v. Commonwealth, 248 S.E.2d 791 (Va. 1978).
· cites it 4× “Following passage of the Hinshaw Bill, the State Corporation Commission assumed jurisdiction over facilities of CNG, its terms and conditions of service, except sales to Allied (and municipalities exempt under Code § 56-232). The exception for Allied was predicated upon…”
City of Alexandria v. State Corp. Comm'n, 818 S.E.2d 33 (Va. 2018).
· cites it 2× “schedules, or joint rates of any public utility[, including water or wastewater companies, see Code § 56-232(A)(1),] operating in this Commonwealth shall be found to be unjust, unreasonable, insufficient or unjustly discriminatory or to be preferential or otherwise in violation…”
Commonwealth Ex Rel. Attorney Gen. of Virginia v. Washington Gas Light Co., 269 S.E.2d 820 (Va. 1980).
· cites it 2× “The order granted a petition filed under Code § 58-1122 by Washington Gas Light Company (WGL), a public utility as defined by Code § 56-232. The petition alleged that certain taxes paid under Code §§ 58-603 and -661 (collectively, gross receipts taxes) had been erroneously…”
Menzel v. Cnty. Utils. Corp., 501 F. Supp. 354 (E.D. Va. 1979).
· cites it 3× “COUNTY refers to the petitioner, County Utilities Corporation which was chartered in Virginia in 1955, and pursuant to § 56-232 of the Code became a public utility.”
Virginia Elec. & Power Co. v. State Corp. Comm'n, 252 S.E.2d 333 (Va. 1979).
· cites it 5× “However, the Utility Facilities Act, enacted in 1950, under which a certificate of convenience and necessity is required as a prerequisite for exclusive public utility service in a specified area, defines a public utility subject to the Act to include “any company *900 which…”
Town of Culpeper v. Virginia Elec. & Power Co., 207 S.E.2d 864 (Va. 1974).
· cites it 2× “The town cites Article IX, Section 2 of the Constitution of Virginia (formerly § 156) and Code §§ 56-232 and 56-265.1 in support of its argument that municipal corporations are excluded from the jurisdiction of the Commission.”
City of Norfolk v. Virginia Elec. & Power Co., 90 S.E.2d 140 (Va. 1955).
“5 Under Code, § 56-236 every public utility is required to keep on file with the Commission and open to public inspection all schedules of its rates and charges and “as a part of such schedules, copies of all rules and regulations that in any manner affect the rates charged or…”
Sydnor Pump & Well Co. v. Taylor, 110 S.E.2d 525 (Va. 1959).
“DEFINITIONS—(a) ‘Water system’ as used herein means any privately owned connected system of mains, pipes, conduits, pumping stations, reservoirs and related facilities furnishing water to fifty or more subscribers for compensation when the person who furnishes the service is not…”
Delmarva Power & Light Co. v. Morrison, 496 F. Supp. 2d 678 (E.D. Va. 2007).
· cites it 2× “See Va.Code Ann. §§ 56-232 et seq. (1999). In 1999, the General Assembly of Virginia passed the Restructuring Act, which was designed in part to deregulate the generation, transmission, and supply of electricity in Virginia.”
Rates v. Elec., 414 S.E.2d 834 (Va. 1992).
“An application for a rate increase filed by a public utility, as defined in § 56-232,-Code of Virginia . . . shall include: (5) Exhibits consisting of Schedules 1 through 36 shall be submitted with the utility’s direct testimony.”
Commonwealth v. Virginia Elec. & Power Co., 3 P.U.R.4th 152 (Va. 1974).
“It provides, so far as this case is concerned, that “schedules,” meaning schedules of rates and charges for service, shall not include contracts of electric utilities with municipal corporations or the state or federal government.”
Va. Code Ann. § 56-232(A)(1): 1 case
City of Alexandria v. State Corp. Comm'n, 818 S.E.2d 33 (Va. 2018).
“schedules, or joint rates of any public utility[, including water or wastewater companies, see Code § 56-232(A)(1),] operating in this Commonwealth shall be found to be unjust, unreasonable, insufficient or unjustly discriminatory or to be preferential or otherwise in violation…”
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