reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 304 - RULES GOVERNING COST/BENEFIT MEASURES REQUIRED FOR DEMAND-SIDE MANAGEMENT PROGRAMS › Section 20VAC5-304-30 - Minimum guidelines for data input and modeling assumptions

Current through Register Vol. 40, No. 24, July 15, 2024
Minimum guidelines to provide direction to electric and
				  natural gas utilities in developing applications for approval of DSM programs
				  are as follows:
1. That the
				assumptions used in developing projected input data and the models used in the
				integrated resource planning process should be identified and well-documented.
				Utility-specific data should be used whenever possible (e.g., unit performance
				data, end-use load research data, market research data, etc.). In cases where
				utility-specific data are not available, the assumptions must be clearly
				defined;
2. That historic data, if
				available, should be assessed in developing projected data. Significant
				departures from historic trends should be explained;
3. That each projected data series should
				represent the Company's most current forecast;
4. That computer modeling techniques should
				be used in the development of an integrated resource plan;
5. That estimates of the capital and O&M
				(operation and maintenance) costs of supply-side options should include
				realistic projections of the costs of compliance with all promulgated
				environmental regulations or enacted legislation from which environmental
				regulations will be promulgated;
6.
				That each assumption and/or projected data series should be consistent with all
				other assumptions and/or projections. Consistency of data should be maintained
				between all models used within the integrated resource planning process;
				and
7. That alternative projections
				to determine sensitivity to input assumptions should be developed. These
				alternative projections should be used to perform cost/benefit analysis.
Waiver of strict adherence to these guidelines for small
				  utilities or those in unusual circumstances may be granted by order of the
				  Commission.
Statutory Authority
§§ 56-234, 56-235.1, 56-235.2, 56-247 and 56-249 of the
					 Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 304 - RULES GOVERNING COST/BENEFIT MEASURES REQUIRED FOR DEMAND-SIDE MANAGEMENT PROGRAMS › Section 20VAC5-304-40 - Pilot or experimental programs

Current through Register Vol. 40, No. 24, July 15, 2024
Utilities must seek commission approval of pilot or
				  experimental programs that involve rates or promotional allowances, but other
				  limited pilot or experimental programs may be conducted without prior
				  commission approval. Utilities shall file reports with the commission's
				  Division of Energy Regulation that identify any pilot or experimental program
				  at least 30 days prior to its implementation. Periodic reports shall also be
				  filed at least semi-annually with the commission's Division of Energy
				  Regulation identifying all DSM pilot or experimental programs and the status of
				  such programs.
Statutory Authority
§ 12.1-13 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-30 - Application for electricity or natural gas

Current through Register Vol. 40, No. 24, July 15, 2024
No owner shall utilize submetering or energy allocation
				  equipment without first securing from a tenant, before any electricity or
				  natural gas is delivered, an application or agreement, which may be part of the
				  tenant's lease agreement, for the purchase of electricity or natural gas.
				  Whether or not a written application or agreement is executed, the tenant, by
				  accepting the electricity or natural gas, agrees to be bound by the applicable
				  terms and conditions prescribed by the Commission for submetering or energy
				  allocation equipment. Likewise, the owner, upon establishing a submetering or
				  energy allocation practice, agrees to supply any and all tenants with
				  electricity or natural gas and shall be bound by such terms and conditions in
				  acting upon applications for electric service or natural gas
				  service.
Statutory Authority
§ 56-245.2 et seq. of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-40 - Submetering

Current through Register Vol. 40, No. 24, July 15, 2024
When submeters are installed by the owners to measure the
				  electricity or natural gas used by its tenants, all charges for electricity or
				  natural gas used, except the allowed service charge, shall be calculated from
				  the readings of such submeters.
Submeters in service may be tested by the owner, the
				  Commission, or any other lawfully constituted authority having jurisdiction.
				  When, as a result of such a test, a submeter is found to be no more than 2.0%
				  fast or slow, no adjustment will be made to the tenant's bill. If the submeter
				  is found to be more than 2.0% fast or slow because of incorrect calibration,
				  the owner will rebill the tenant for the correct amount as calculated for a
				  period equal to 1/2 of the time elapsed since the last previous test, but in no
				  case for a period in excess of 12 months or since occupancy by the existing
				  tenant, whichever is less. The percentage registration of an electric submeter
				  will be calculated by the "weighted average" of light load and full load which
				  is calculated by giving a value of one to the light load and a value of four to
				  the full load. The accuracy of a natural gas submeter will be measured at the
				  check rate of flow, as defined in ANSI B109.
Whenever it is found that unmetered electricity or natural
				  gas is being used as a result of tampering, the tenant will pay to the owner an
				  amount estimated by the owner to be sufficient to cover the electricity or
				  natural gas used but not recorded by the meter and not previously paid for by
				  the tenant.
Whenever it is found that, for any reason other than
				  calibration or tampering, the submetering apparatus has not registered the true
				  amount of electricity or natural gas which has been used by the tenant, the
				  electricity or natural gas used during the entire period of incorrect
				  registration will be estimated based upon all known pertinent facts, and the
				  amount of electricity or natural gas so estimated will be used in calculating
				  the corrected bill. The owner will rebill the tenant for the adjusted amount
				  for a period equal to one-half of the time elapsed since the last previous test
				  for submetering apparatus, but in no case for a period in excess of 12 months
				  or since occupancy by the existing tenant, whichever is less.
Statutory Authority
§ 56-245.2 et seq. of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-50 - Energy allocation

Current through Register Vol. 40, No. 24, July 15, 2024
Energy allocation equipment may be used solely to allocate
				  the cost of electric or natural gas service among tenants using the apartment
				  house, office building, shopping center, or campground.
Energy allocation systems should provide a reasonable
				  determination of energy use and resulting costs for each dwelling unit,
				  nonresidential rental unit, or campsite. The energy allocation system should be
				  appropriate for the HVAC system application. Components should be properly
				  installed to assure correct measurements of allocation parameters. There should
				  be proper calculation procedures in converting from measurement to
				  allocation.
Energy allocation equipment in service may be tested by the
				  owner, the commission, or any other lawfully constituted authority having
				  jurisdiction. Testable components of the energy allocation system should be
				  accurate, consistent with manufacturer's specifications. The commission may, by
				  order, require that energy allocation equipment meet other independent,
				  authoritative technical standards or operational guidelines, such as standards
				  developed under the auspices of the American Society of Heating, Refrigerating,
				  and Air-Conditioning Engineers (ASHRAE).
Statutory Authority
§§ 12.1-13 and 56-245.3 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-60 - Testing capability and metering equipment

Current through Register Vol. 40, No. 24, July 15, 2024
Each owner shall engage a qualified expert or factory
				  representative to perform the equipment tests required by these terms and
				  conditions; such tests being performed with instruments, portable standards,
				  reference manuals, and other equipment and facilities all of which shall comply
				  with standards of ANSI C12.1 or ANSI B109 for submetering equipment, and with
				  manufacturer's recommended practices for energy allocation equipment. All such
				  practices shall be available at all reasonable times for inspection by the
				  commission's representatives.
Statutory Authority
§§ 12.1-13 and 56-245.3 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-80 - Request tests

Current through Register Vol. 40, No. 24, July 15, 2024
Upon request by a tenant, the owner will test the
				  submetering or energy allocation equipment without charge to the tenant,
				  provided that such test will not be made more frequently than once in 24 months
				  for the same tenant. If testing of submetering or energy allocation equipment
				  is requested by the tenant more frequently than once in 24 months, the owner
				  may require a deposit. The amount of the deposit shall not exceed the
				  out-of-pocket expenses associated with such a test. Said deposit will be
				  refundable only if the percentage registration or accuracy of the equipment
				  exceeds the limits established in
				  20VAC5-305-40 and
				  20VAC5-305-50 above.
The tenant, or his designated representative, may be present
				  when the equipment is tested.
A written report of the results of the test will be made to
				  the tenant within 10 working days after the completion of the
				  test.
Statutory Authority
§ 56-245.2 et seq. of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-100 - Billing records

Current through Register Vol. 40, No. 24, July 15, 2024
1. All
				records associated with the computation of charges rendered to tenants for
				electric service or natural gas service shall be retained for a minimum period
				of three years.
2. The owner shall
				maintain and make available for inspection by the tenant, upon request, the
				following records:
a. The billing from the
				utility to the owner for the current month and the 36 preceding
				months.
b. The calculation of the
				average cost per energy unit for the current month and the 36 preceding
				months.
c. The tenant's submeter or
				energy allocation readings and billings for the current month and the 36
				preceding months or for the term of tenancy, whichever is less.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-110 - Initial and final bills

Current through Register Vol. 40, No. 24, July 15, 2024
1.
				Initial and final bills shall be rendered for the number of energy units
				actually consumed in the initial and final billing periods.
2. On the date possession is taken by a
				tenant of a dwelling or nonresidential rental unit, an initial reading will be
				taken from the submetering or energy allocation equipment serving such dwelling
				or nonresidential rental unit to commence service to that tenant. The initial
				reading will be subtracted from the next reading of the equipment taken on the
				regularly scheduled monthly reading dates on which other submetering or energy
				allocation equipment in the building is read, to determine the consumption
				during the initial billing period. The energy units consumed as determined in
				the above manner will be multiplied times the average energy unit cost which is
				determined for the computation of bills for all other tenants for the period
				ending with the regularly scheduled reading date of that month.
3. On the date a tenant gives up possession
				of a dwelling or nonresidential rental unit, a final reading will be taken from
				the submeter equipment serving such unit to terminate service to the tenant.
				The reading of the equipment taken on the last previous regularly scheduled
				monthly reading dates on which other submetering or energy allocation equipment
				in the building was last read will be subtracted from the final reading to
				determine the consumption during the final billing period. The energy units
				consumed or determined in the above manner will be multiplied times the average
				energy unit cost which is determined for the computation of bills for all other
				tenants for the regularly scheduled monthly reading date after the final
				reading. If the owner and tenant so agree in writing, the owner may use the
				average energy unit cost from the previous month when determining the amount
				due for the last month of tenancy.
The provisions in this section shall only be applicable to
				  apartment houses, office buildings, and shopping centers. Bills for campgrounds
				  shall be rendered as set forth in
				  20VAC5-305-95.
Statutory Authority
§§ 12.1-13 and 56-245.3 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section 20VAC5-305-120 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
1. Upon a
				finding that the public interest so requires, the Commission may, upon motion,
				grant exemptions from any of the foregoing provisions. The burden of proof
				shall be upon the movant to demonstrate, by clear and convincing evidence, that
				such exemption is in the public interest.
2. Nothing in the provisions of these rules
				shall preclude the Commission from investigating, formally or informally, a
				submetering or energy allocation activity. If the activity is found to be
				adverse to the public interest, the Commission may, by order, require the
				modification or elimination of the activity.
Statutory Authority
§ 56-245.2 et seq. of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 305 - RULES FOR ELECTRICITY AND NATURAL GAS SUBMETERING AND FOR ENERGY ALLOCATION EQUIPMENT › Section - DOCUMENTS INCORPORATED BY REFERENCE (20VAC5-305)

Current through Register Vol. 40, No. 24, July 15, 2024
ANSI C12.1-2008, American National Standard for Electric
				  Meters Code for Electricity Metering, National Electrical Manufacturers
				  Association, 1300 N. 17th Street, Suite 1752, Rosslyn, VA 22209 (
http://www.nema.org
).
ANSI B109.1, Diaphragm-Type Gas Displacement Meters (Under
				  500 Cubic Feet per Hour Capacity), June 2000, American Gas Association, 1400 N.
				  Capitol Street, NW, Washington, DC 20001, telephone 1-800-699-9277 (
http://www.aga.org
).
ANSI B109.2, Diaphragm-Type Gas Displacement Meters (500
				  Cubic Feet per Hour Capacity and Over), June 2000, American Gas Association,
				  1400 N. Capitol Street, NW, Washington, DC 20001, telephone 1-800-699-9277
				  (
http://www.aga.org
).
ANSI B109.3, Rotary Type Gas Displacement Meters, June 2000,
				  American Gas Association, 1400 N. Capitol Street, NW, Washington, DC 20001,
				  telephone 1-800-699-9277 (
http://www.aga.org
).
NFPA 54, National Fuel Gas Code, 2006 Edition, National Fire
				  Protection Association, 1 Batterymarch Park, Quincy, MA
				  02169-7471.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 306 - STANDARD FOR INTEGRATED FOR RESOURCE PLANNING AND INVESTEMENTS IN CONSERVATION AND DEMAND MANAGEMENT FOR NATURAL GAS (REPEALED) › Section 20VAC5-306-10

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 306 - STANDARD FOR INTEGRATED FOR RESOURCE PLANNING AND INVESTEMENTS IN CONSERVATION AND DEMAND MANAGEMENT FOR NATURAL GAS (REPEALED) › Section 20VAC5-306-20

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 306 - STANDARD FOR INTEGRATED FOR RESOURCE PLANNING AND INVESTEMENTS IN CONSERVATION AND DEMAND MANAGEMENT FOR NATURAL GAS (REPEALED) › Section 20VAC5-306-30

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 306 - STANDARD FOR INTEGRATED FOR RESOURCE PLANNING AND INVESTEMENTS IN CONSERVATION AND DEMAND MANAGEMENT FOR NATURAL GAS (REPEALED) › Section 20VAC5-306-40

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §
											12.1-13
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 307 - RULES GOVERNING THE SAFETY OF MASTER-METERED NATURAL GAS SYSTEMS › Section 20VAC5-307-10 - Master-metered natural gas systems

Current through Register Vol. 40, No. 24, July 15, 2024
A. These rules are adopted pursuant to §
									56-257.2 of the Code of Virginia
				to establish safety and inspection requirements for master-metered natural gas
				systems as defined by federal regulations promulgated under the Natural Gas
				Pipeline Safety Act of 1968 (49 USC App. § 1671 et seq.), as amended.
B. Parts 191 and 192 of Title 49 of the Code
				of Federal Regulations are hereby adopted by reference as the minimum pipeline
				safety regulations applicable to master-metered systems within the commission's
				jurisdiction under §
									56-257.2 of the Code of
				Virginia.
C. Telephonic notices
				regarding incidents involving master-metered gas systems shall be made, at the
				earliest practicable moment following discovery of the incident, to the
				commission's Division of Energy Regulation during the division's daily hours
				and to the commission's Manager of Gas Pipeline Safety (telephone number (804)
				343-0863) during all other times. Such notices shall include the information
				listed in 49 CFR
				191.5(b)(1) through
				(b)(5).
D. The commission's Division of Energy
				Regulation may require certain written reports from the jurisdictional
				master-metered systems to aid the commission staff in administering an
				effective gas pipeline safety program.
E. The commission's Division of Energy
				Regulation shall be empowered to submit and sign on behalf of the commission,
				such forms and applications as necessary to assure participation in natural gas
				pipeline safety programs, as deemed advisable by the commission to assure an
				effective safety program in Virginia, but that the commission comptroller shall
				be empowered to sign on behalf of the commission those applications and forms
				pertaining to grants or reimbursement of expenses incurred by the commission in
				conducting the gas pipeline safety program in Virginia.
Statutory Authority: §
											56-257.2 of the Code of Virginia
					 (20VAC5-307-10
					 ).
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 308 - RULES GOVERNING THE SAFETY OF INTRASTATE HAZARDOUS LIQUID PIPELINE SYSTEMS › Section 20VAC5-308-10 - Safety of intrastate hazardous liquid pipeline systems

Current through Register Vol. 40, No. 24, July 15, 2024
A. These rules are
				adopted pursuant to §
									56-555
				of the Code of Virginia to establish safety and inspection requirements for
				intrastate hazardous liquid pipeline systems as defined by federal regulation
				promulgated under
				49
				USC §
										60101.
B. Parts 195 and 199 of Title 49 of the Code
				of Federal Regulations are hereby adopted by reference as the minimum pipeline
				safety regulations applicable to intrastate hazardous liquid pipeline systems
				within the commission's jurisdiction.
C. Telephonic notices regarding incidents
				involving hazardous liquid pipeline systems shall be made, at the earliest
				practicable moment following discovery of the incident, to the commission's
				Division of Utility and Railroad Safety during the division's daily hours and
				to the commission's Manager of Pipeline Safety (telephone number (804)
				343-0863) during all other times. Such notices shall include the information
				listed in
				49 CFR
				195.52(b)(1) through
				(b)(6).
D. The commission's Division of Utility and
				Railroad Safety may require certain written reports from the jurisdictional
				hazardous liquid pipeline systems to aid the commission staff in administering
				an effective pipeline safety program.
E. The commission's Division of Utility and
				Railroad Safety shall be empowered to submit and sign on behalf of the
				commission such forms and applications as necessary to assure participation in
				hazardous liquid pipeline safety programs, as deemed advisable by the
				commission to assure an effective safety program in Virginia, but that the
				commission comptroller shall be empowered to sign on behalf of the commission
				those applications and forms pertaining to grants or reimbursement of expenses
				incurred by the commission in conducting the pipeline safety program in
				Virginia.
Statutory Authority: §§
											12.1-13
					 and
					 56-555
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part I - General Provisions › Section 20VAC5-309-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
These rules delineate procedures used by the State
					 Corporation Commission (commission) to enforce the provisions of Chapter 10.3
					 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia, also known as the
					 Underground Utility Damage Prevention Act (Act). The rules further detail
					 certain standards and requirements for the protection of underground utility
					 lines to facilitate the commission's enforcement of the Act.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part I - General Provisions › Section 20VAC5-309-15 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Act" means the Underground Utility Damage Prevention Act
					 (Chapter 10.3 (§
										56-265.14 et seq.) of Title 56 of
					 the Code of Virginia).
"Clear evidence" as used in §
										56-265.24C of the
					 Code of Virginia shall include visual evidence of an unmarked utility line,
					 knowledge of the presence of a utility line, or faded marks from previous
					 marking of a utility line.
"Division" means the State Corporation Commission's
					 Division of Utility and Railroad Safety.
"GPS" means global positioning system.
"Installation records of a utility line" means maps,
					 drawings, diagrams, sketches, or any other depictions or descriptions of an
					 underground utility line that reflect the location at the time of installation
					 in a reasonably accurate manner.
"Locate" or "marking" means an operator's or an operator's
					 contract locator's markings of an underground utility line.
"Parcel" means land description that records the
					 boundaries of property, including the entire property without regards to
					 easements.
"Person" means any individual, operator, firm, joint
					 venture, partnership, corporation, association, municipality, or other
					 political subdivision, governmental unit, department, or agency and includes
					 any trustee, receiver, assignee, or personal representative thereof.
"Serious impact on public health" means any condition
					 involving a water or sewer utility line that creates, or may create, a danger
					 to the health and well-being of the public.
Statutory Authority: §§
												12.1-13 and
						56-265.30 of the Code of
						Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part II - Enforcement › Section 20VAC5-309-20 - Report of probable violations

Current through Register Vol. 40, No. 24, July 15, 2024
Any person, as defined in §
										56-265.15 of the Code of Virginia,
					 may report probable violations of Chapter 10.3 of Title 56 to the State
					 Corporation Commission, Division of Utility and Railroad Safety (division). The
					 reports of probable violations may be submitted to the division in writing, by
					 phone or email, or in person. All written reports of probable violations shall
					 include the information requested on SCC Form DPA-1, if available. All probable
					 violations shall be reported to the division within 30 days of a person
					 becoming aware of the circumstances constituting the probable
					 violations.
Statutory Authority: §§
												12.1-13 and
						56-265.30 of the Code of
						Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part II - Enforcement › Section 20VAC5-309-30 - Commission staff investigation of probable violations

Current through Register Vol. 40, No. 24, July 15, 2024
Upon receipt of a report of a probable violation, the State
					 Corporation Commission staff (staff) shall conduct an investigation to examine
					 all the relevant facts regarding the reported probable violation. The
					 investigation may include, among other things, records verification, informal
					 meetings, teleconferences, and photo-documentation. Responses to reports of
					 probable violations may be provided to the division in writing, by phone or
					 email, or in person. Upon completion of the investigation, the staff shall
					 review its findings and recommendations with the Advisory Committee established
					 in accordance with §
										56-265.31 of the Code of
					 Virginia.
Statutory Authority: §§
												12.1-13 and
						56-265.30 of the Code of
						Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part II - Enforcement › Section 20VAC5-309-40 - Advisory Committee review of probable violations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Advisory
				  Committee (committee), established by the State Corporation Commission
				  (commission), shall meet on a periodic basis to review probable violations of
				  the Act, this chapter, and the commission staff's (staff) findings and
				  recommendations relative to such violations. Upon determination of either the
				  staff or the committee that a violation may have occurred, and that an
				  enforcement action is required, the staff shall take one or more of the
				  following actions:
1. Issue a warning letter
				  to the person alleged to have committed the violation (defendant);
2. Issue an information letter to a county,
				  city, or town alleged to have committed the violation;
3. Enter settlement negotiations with the
				  defendant. Upon reaching agreement on settlement terms, the division shall
				  present the proposed settlement to the commission for final acceptance or
				  rejection; or
4. Request the
				  issuance of a "Rule to Show Cause" order pursuant to
				  5VAC5-20-90 of the commission's
				  Rules of Practice and Procedure.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part II - Enforcement › Section 20VAC5-309-50 - Commission action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The State
				  Corporation Commission (commission) may accept or reject a proposed settlement
				  to resolve probable violations of the Act and this chapter. If the commission
				  rejects a proposed settlement, a public hearing will be scheduled to receive
				  evidence and take appropriate enforcement action as provided by the
				  commission's Rules of Practice and Procedure (5VAC5-20).
B. If the commission finds, after a hearing,
				  that a violation has occurred or is continuing, it may issue a remedial order.
				  The remedial order may direct the party to take any action that is consistent
				  with such party's obligations under the Act, including the payment of a civil
				  penalty as provided by §
										56-265.32 of the Code of Virginia.
				  A remedial order issued by the commission under this section shall be effective
				  upon issuance, in accordance with its terms, unless stayed, suspended,
				  modified, or rescinded.
C. If the
				  commission finds that a violation has occurred or is continuing and presents an
				  immediate potential danger to life, health, property, or essential public
				  service, the commission may issue a temporary injunction and schedule a hearing
				  and require the respondent to show cause why it should not be enjoined on
				  account of the alleged violation of the Act and this chapter.
Statutory Authority: §§
												12.1-13 and
						56-265.30 of the Code of
						Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part II - Enforcement › Section 20VAC5-309-60 - Sanctions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The State
				  Corporation Commission (commission) may, by judgment entered after a hearing on
				  notice duly served on any person not less than 30 days before the date of the
				  hearing, enjoin or impose sanctions not inconsistent with Chapter 3 (§
										12.1-12 et seq.) of Title 12.1
				  and §
										56-265.32 of the Code of Virginia
				  if it is proved that the person violated any of the provisions of this chapter
				  as a result of a failure to exercise reasonable care. Any proceeding or civil
				  penalty undertaken pursuant to this section shall not prevent nor preempt the
				  right of any party to obtain civil damages for personal injury or property
				  damage in private causes of action. This subsection shall not authorize the
				  commission to impose civil penalties on any county, city, town, or other
				  political subdivision. However, the commission shall inform the counties,
				  cities, towns, and other political subdivisions of reports of alleged
				  violations involving the locality or political subdivision and, at the request
				  of the locality or political subdivision, suggest corrective action.
B. In determining the amount of any civil
				  penalty included in a settlement, the nature, circumstances, and gravity of the
				  violation; the degree of the defendant's culpability; the defendant's history
				  of prior offenses; and such other factors as may be appropriate shall be
				  considered.
C. The defendant shall
				  pay a civil penalty that has been assessed or compromised by submitting to the
				  division a certified check made payable to the Treasurer of Virginia in the
				  correct amount. All such penalties shall be deposited in the Underground
				  Utility Damage Prevention Special Fund.
Statutory Authority: §§
												12.1-13 and
						56-265.30 of the Code of
						Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part II - Enforcement › Section 20VAC5-309-70 - Petition for reconsideration

Current through Register Vol. 40, No. 24, July 15, 2024
Any person subject to an order from the Virginia State
					 Corporation Commission may petition the commission for reconsideration of its
					 order under
					 5VAC5-20-220 of the commission's
					 Rules of Practice and Procedure.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part II - Enforcement › Section 20VAC5-309-80 - Appeals generally

Current through Register Vol. 40, No. 24, July 15, 2024
Any final finding, decision setting the substantive law,
					 order or judgment of the commission may be appealed only to the Supreme Court
					 of Virginia, subject to § 12.1-39 et seq. of the Code of Virginia, and to Rule
					 5:21 of that Court.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part III - Emergency Excavation or Demolition › Section 20VAC5-309-90 - Emergency excavation or demolition

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person
				  shall serve an emergency locate request unless the work to be performed is in
				  response to an "emergency," as the term is defined in §
										56-265.15 of the Code of
				  Virginia.
B. When excavation or
				  demolition is required during an emergency as defined in §
										56-265.15 of the Code of Virginia,
				  all reasonable precautions shall be taken to protect underground utility lines
				  that may be located at the site of the excavation. These precautions shall
				  include the following:
1. Dispatched
				  personnel or crews responding to the emergency shall notify the notification
				  center by requesting an emergency locate of the underground utility lines at
				  the earliest reasonable opportunity;
2. After arriving at the site, the person
				  responding to the emergency shall determine the need for immediate
				  action;
3. If immediate action is
				  required, all reasonable precautions shall be taken to protect the underground
				  utility lines. These actions shall include the following:
a. Conduct a thorough site assessment to
				  determine the location of underground utility lines;
b. Locate the underground utility lines with
				  acceptable equipment, if possible;
c. Hand dig around the underground utility
				  lines;
d. Directly notify the
				  utility line operators, if necessary; and
e. If prudent, the excavator shall wait for
				  marking of the excavation area by operators having utility lines in the
				  excavation area.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part IV - Marking of Underground Utility Lines › Section 20VAC5-309-100 - Marking of underground utility lines

Current through Register Vol. 40, No. 24, July 15, 2024
All markings shall, at a minimum, conform with the
					 requirements of this part.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part IV - Marking of Underground Utility Lines › Section 20VAC5-309-110 - General marking requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. All markings
				  shall be suitable for their intended purpose for a period of 15 working days
				  beginning at 7 a.m. on the next working day following a locate request or the
				  scheduled excavation date.
B.
				  Markings shall be made at sufficient intervals to clearly indicate the
				  approximate horizontal location and direction of the underground utility line.
				  However, the distance between any two marks indicating the same utility line
				  shall not exceed 20 feet. Site conditions or directional changes of the
				  underground utility line shall be considered to determine the need for shorter
				  distance between marks.
C. Markings
				  of underground utility lines shall be by means of stakes, paint, flags, or
				  combination thereof. The terrain, site conditions, and the type and extent of
				  the proposed excavation shall be considered to determine the most suitable
				  means to mark underground utility lines.
D. Paint marks shall be approximately eight
				  to 10 inches in length and one to two inches in width except when "spot"
				  marking is necessary.
E. A minimum
				  of three separate marks shall be made for each underground utility line
				  marking.
F. Valve box covers that
				  are at grade and visible shall be marked in response to a locate request with
				  the appropriate color in accordance with the Act.
G. If in the process of marking an
				  underground utility line, a customer-owned underground utility line of the same
				  type is discovered, the operator or its contract locator shall make a
				  reasonable effort to contact the excavator or the customer to advise of the
				  presence of the line.
H. Where the
				  proposed excavation crosses an underground utility line, markings shall be at
				  intervals that clearly define the route of the underground line.
I. All markings shall extend, if practical, a
				  reasonable distance beyond the boundaries of the specific location of the
				  proposed work as detailed on the locate request.
J. If the use of line marking is considered
				  damaging to property (driveways, landscaping, historic locations to the extent
				  boundaries are known), "spot" marking or other suitable marking methods shall
				  be used.
K. Markings shall be valid
				  for an excavation site for 15 working days beginning at 7 a.m. on the next
				  working day following the locate request or the scheduled excavation date by
				  the excavator or until one of the following events occurs:
1. The markings become faded, illegible, or
				  destroyed; or
2. If the markings
				  were placed in response to an emergency and the emergency condition has ceased
				  to exist.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part V - Supplemental Rules, Etc › Section 20VAC5-309-120 - Notification of clear evidence

Current through Register Vol. 40, No. 24, July 15, 2024
No person shall serve a locate request regarding clear
					 evidence of the presence of an unmarked utility line pursuant to §
										56-265.24C of the
					 Code of Virginia unless (i) the excavator has previously submitted a locate
					 request pursuant to §
										56-265.17A of the
					 Code of Virginia, (ii) the excavator has complied with the requirements of
					 20VAC5-309-180, and (iii) the
					 excavator has observed clear evidence of the presence of an unmarked utility
					 line in the area of the proposed excavation.
Statutory Authority: §§
												12.1-13 and
						56-265.30 of the Code of
						Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part V - Supplemental Rules, Etc › Section 20VAC5-309-130 - Notification center data update

Current through Register Vol. 40, No. 24, July 15, 2024
Every operator required by § 56-265.16:1A of the Code of
					 Virginia to join the notification center shall provide to the notification
					 center data that will allow proper notification to the operator of excavation
					 near the operator's utility lines. This data shall be provided as soon as
					 possible, but no later than 15 days after an operator installs or acquires
					 underground facilities it had not previously identified to the notification
					 center. In the case of sanitary sewers, the data shall be provided no later
					 than 15 days after the utility line is accepted by the
					 operator.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part V - Supplemental Rules, Etc › Section 20VAC5-309-140 - Excavator's responsibilities to avoid damage, dislocating or disturbances of utility lines

Current through Register Vol. 40, No. 24, July 15, 2024
Any person excavating around underground utility lines
					 shall take all reasonable steps to protect such utility lines. These steps
					 shall include, but are not limited to, the following:
1. The excavator shall plan the excavation in
				  such a manner to avoid damage to, and minimize interference with, underground
				  utility lines in and near the construction area;
2. The excavator shall expose the underground
				  utility line to its extremities by hand digging within the excavation area when
				  excavation is expected to come within two feet of the marked location of the
				  underground utility line;
3. The
				  excavator shall not utilize mechanized equipment within two feet of the
				  extremities of all exposed utility lines;
4. The excavator shall maintain a reasonable
				  clearance, to include the width of the utility line, if known, plus 24 inches,
				  between the marked or staked location of an underground utility line and the
				  cutting edge or point of any mechanized equipment, considering the known limit
				  of control of the cutting edge or point to avoid damage to the utility line;
				  and
5. The excavator shall provide
				  proper support for underground utility lines during excavation activities.
				  During backfill operations, the excavator shall use the same or similar
				  backfill material that was originally around the utility line, ensure there is
				  proper compaction around the utility line, protect all tracer wires, and
				  protect or replace warning tapes.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part V - Supplemental Rules, Etc › Section 20VAC5-309-150 - Requirement for trenchless excavation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person
				  conducting trenchless excavation shall take all reasonable steps necessary to
				  protect and support underground utility lines. Except as provided in subsection
				  B of this section, these steps shall include the following:
1. The excavator shall verify that all
				  utility lines in the area are marked by reviewing the positive response system
				  and comparing the positive responses, as defined in §
											56-265.15 of the Code of Virginia,
				  to the marks on site;
2. The
				  excavator shall ensure that bore equipment stakes are installed at a safe
				  distance from marked utility lines;
3. When grounding rods are used, the
				  excavator shall ensure that they are installed at a safe distance (at least 24
				  inches plus the width of the utility line, if known) away from the marked or
				  staked location of utility lines;
4. The excavator shall ensure sufficient
				  clearance is maintained between the bore path and any underground utility lines
				  during pullback;
5. The excavator
				  shall give special consideration to water and sewer systems within the area
				  that cannot be located accurately;
6. Unless prohibited by other laws,
				  ordinances, regulations, or rules of governmental and regulatory authorities
				  having jurisdiction, the excavator shall expose all utility lines that will be
				  in the bore path by hand digging to establish the underground utility line's
				  location prior to commencing bore. For a parallel type bore, unless prohibited
				  by other laws, ordinances, regulations, or rules of governmental and regulatory
				  authorities having jurisdiction, the excavator shall expose the utility line by
				  hand digging at reasonable distances along the bore path;
7. The excavator shall ensure the drill head
				  locating device is functioning properly and within its specification prior to
				  commencing the bore;
8. The
				  excavator shall visually check the drill head as it passes through potholes,
				  entrances, and exit pits; and
9. If
				  the depth indicated by the locating device is lower than the bottom of the
				  pothole or pit, the excavator shall cease boring until the hole or pit can be
				  hand excavated further to maintain a visual inspection of the drill
				  head.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 309 - RULES FOR ENFORCEMENT OF THE UNDERGROUND UTILITY DAMAGE PREVENTION ACT › Part V - Supplemental Rules, Etc › Section 20VAC5-309-160 - Operator's responsibilities to maintain accurate records

Current through Register Vol. 40, No. 24, July 15, 2024
The operator shall prepare and maintain reasonably accurate
					 installation records of the underground utility lines installed after July 1,
					 2001, other than electric, telecommunications, cable TV, water, and sewer
					 underground service lines connected to a single family dwelling
					 unit.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.