Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 350 - RULES GOVERNING EXEMPTIONS FOR LARGE GENERAL SERVICES COMPANIES › Section A20VAC5-350-20 - Administrative procedures for notice to utility and commission

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except for the
				2021 notice period, any customer seeking to establish its exemption from a rate
				adjustment clause authorized by the commission pursuant to § 56-585.1A 5 c of
				the Code of Virginia shall provide a notice of nonparticipation concerning the
				rate adjustment clause to its utility on or before March 1 of the upcoming rate
				year in which the customer seeks to begin its exemption. Any customer seeking
				to establish its exemption from a rate adjustment clause authorized by the
				commission pursuant to § 56-585.1A 5 c for the rate year beginning in 2021
				shall provide a notice of nonparticipation concerning the rate adjustment
				clause to its utility on or before April 1, 2021. All notices of
				nonparticipation shall be filed concurrently by the customer with the
				commission's Division of Public Utility Regulation. Notices provided after the
				April 1, 2021, or subsequent annual March 1 deadlines, will not be accepted
				during that calendar year and must be resubmitted for the next period being
				sought.
B. Upon receipt of the
				notice of nonparticipation, a utility shall, on or before June 1, verify the
				customer's highest measured demand in the three prior calendar years preceding
				the receipt of such notice. The exemption will commence with the effective date
				of the utility's next rate adjustment clause. The utility shall accept the
				exemption request if the customer meets the criteria for a large general
				service customer set forth in 20VAC5-350-10 and has submitted the information
				required by 20VAC5-350-30. In the event the utility fails to notify the
				customer of any deficiency in its notice of nonparticipation by June 1, the
				exemption shall be deemed accepted by the utility. The utility's acceptance or
				denial of any exemption request shall concurrently be sent to the customer and
				provided by the utility to the commission's Division of Public Utility
				Regulation.
C. Once a utility has
				accepted a customer's exemption request, that customer shall be exempt from any
				rate adjustment clause approved for the utility by the commission pursuant to §
				56-585.1A 5 c of the Code of Virginia, beginning with the effective date of the
				utility's next rate adjustment clause on or after July 1, following the date of
				acceptance of the exemption request and continuing throughout the life of the
				customer's energy efficiency improvements described in the customer's notice of
				nonparticipation. A customer shall notify the utility and the commission if the
				conditions of the customer's notice of nonparticipation change in any material
				respect within 60 days of the change.
D. Each notice of nonparticipation that
				contains confidential information shall be treated in accordance with
				5VAC5-20-170 of State Corporation Commission Rules of Practice and Procedure
				(5VAC5-20).
E. Customers seeking
				to continue a previous statutory exemption must provide a new notice of
				nonparticipation, as defined in 20VAC5-350-30, concerning the rate adjustment
				clause to its utility on or before April 1, 2021.
Statutory Authority: §§ 12.1-13 and 56-585.1 of the Code of
					 Virginia.