reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 320 - REGULATION GOVERNING TRANSFER OF TRANSMISSION OF ASSETS TO REGIONAL TRANSMISSION ENTITIES › Section 20VAC5-320-110 - Contents of incumbent electric utility filing, Part II

Current through Register Vol. 40, No. 24, July 15, 2024
Part II of the filing required pursuant to
				  20VAC5-320-90 shall include, at a
				  minimum, the following:
1. A copy of
				the transaction agreement signed by an appropriate utility official.
2. A description of the proposed transfer and
				the terms and conditions of the transaction to include historical and current
				use of the property, proposed use of the property, original cost of the
				property, current net book cost of the property, proposed sales price of the
				property and the method of determining the price, and the proposed accounting
				treatment of the transaction as well as current recording on company's books of
				record.
3. Assurances that adequate
				service to the public at just and reasonable rates will not be impaired by the
				proposed transfer.
4. Other details
				of the sale, such as:
a. A showing that the
				sales price was or will be determined at arms length;
b. A description of whether the purchase
				price is at book cost, market value, or some other measure;
c. A description of how the proceeds from the
				sale will be used;
d. A schedule of
				plant, book depreciation, and contributed property related to the assets to be
				transferred up to the current date;
e. An analysis of the anticipated impact of
				the transfer on the regulated company's rates and service, capital structure,
				and access to capital and financial markets, including copies of any pertinent
				published financial reports.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 320 - REGULATION GOVERNING TRANSFER OF TRANSMISSION OF ASSETS TO REGIONAL TRANSMISSION ENTITIES › Section 20VAC5-320-120

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 320 - REGULATION GOVERNING TRANSFER OF TRANSMISSION OF ASSETS TO REGIONAL TRANSMISSION ENTITIES › Section 20VAC5-320-130 - Waivers

Current through Register Vol. 40, No. 24, July 15, 2024
Requests for waivers of any of the provisions of this
				  chapter shall be considered by the State Corporation Commission on a
				  case-by-case basis, and may be granted upon such terms and conditions as the
				  State Corporation Commission deems appropriate in the public
				  interest.
Statutory Authority
§§ 12.1-13 and 56-579 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part I - General Provisions › Section 20VAC5-325-10 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is hereby adopted, effective July 1, 2001, by
					 the State Corporation Commission (commission) to enforce the provisions of §
					 56-257 of Title 56 of the Code of Virginia relative to the manner of installing
					 underground utility lines as defined by § 56-265.15 of the Code of
					 Virginia.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part I - General Provisions › Section 20VAC5-325-20 - 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:
"Division" means the State Corporation Commission's
					 Division of Energy Regulation.
"Installation records" means maps, drawings, diagrams,
					 sketches, or any other depictions or descriptions of an underground utility
					 line.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part II - Standards › Section 20VAC5-325-30 - Installation of utility lines

Current through Register Vol. 40, No. 24, July 15, 2024
All operators, as defined in § 56-265.15 of the Code of
					 Virginia, having the right to install underground utility lines, as defined in
					 § 56-265.15 of the Code of Virginia, except interstate gas pipelines subject to
					 regulation by the United States Department of Transportation, shall install
					 such underground utility lines in accordance with the applicable standards as
					 set forth in § 56-257 of the Code of Virginia in effect at the time of
					 installation of such underground utility lines. If there is a conflict among
					 any of the standards the most stringent standard shall be applied, unless the
					 conflict can otherwise be resolved by the operators involved without violating
					 applicable law or regulation. Reference to standards set out in § 56-257 of the
					 Code of Virginia shall not change or extend their application but shall make
					 them subject to enforcement by the commission as set forth in Part III
					 (20VAC5-325-60 et seq.) of this
					 chapter.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part II - Standards › Section 20VAC5-325-40 - 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 each underground utility line installed after
					 July 1, 2001. Whenever it is determined that an underground utility line is to
					 be installed with less separation from a pre-existing underground utility line
					 than required under the most stringent standard, the location of such
					 pre-existing underground utility line and the action taken by the operator
					 installing the underground utility line to protect against damage from such
					 pre-existing underground utility line shall be noted on the installation
					 records.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part II - Standards › Section 20VAC5-325-50 - Emergency installations

Current through Register Vol. 40, No. 24, July 15, 2024
Temporary repairs of underground utility lines performed to
					 mitigate an emergency as defined in § 56-265.15 of the Code of Virginia are not
					 required to comply with the provisions of these rules. Permanent repairs made
					 after the emergency, as defined in § 56-265.15 of the Code of Virginia, ceases
					 to exist must comply with this chapter to the extent possible without requiring
					 the installation of new facilities and without requiring excavation or
					 investigation beyond that necessitated by the repair.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part III - Enforcement › Section 20VAC5-325-60 - 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 § 56-257 of the Code of Virginia to
					 the division. Reports of probable violations may be submitted to the division
					 in writing, by telephone, fax, e-mail, or in person.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part III - Enforcement › Section 20VAC5-325-70 - Division investigation of probable violations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon receipt of a report of a probable
				  violation, the division 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. Upon completion of the investigation
				  and finding evidence of a probable violation of § 56-257 of the Code of
				  Virginia and these rules, the division shall take one or more of the following
				  actions:
1. Issue a warning letter to the
				  person alleged to have committed the violation ("respondent");
2. Issue an information letter to a county,
				  city, or town alleged to have committed the violation, advising of the
				  discovery of an alleged violation;
3. Enter settlement negotiations with the
				  respondent. 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 the commission's Rules of
				  Practice and Procedure (5VAC5-20-10 et
				  seq.).
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part III - Enforcement › Section 20VAC5-325-80 - Commission action

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  commission may accept or reject a proposed settlement to resolve probable
				  violations. If the commission rejects a proposed settlement but finds a
				  probable violation may have occurred, 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 (5VAC5-20-10 et seq.).
B. If the commission finds, after a hearing,
				  that a violation has occurred or is continuing, it may issue a remedial order
				  or injunction. The remedial order or injunction may direct the party or
				  parties, other than cities, counties, or towns, to take any action, including
				  the payment of a civil penalty as provided by § 12.1-13 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, upon investigation, the commission
				  finds reasonable grounds to conclude 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 probable violator, other than
				  cities, counties, or towns, to show cause why it should not be permanently
				  enjoined on account of the alleged violation or violations.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part III - Enforcement › Section 20VAC5-325-90 - Civil penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  amount of the civil penalty for a violation of these rules shall be determined
				  in accordance with § 12.1-13 of the Code of Virginia.
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 probable violator's culpability, the probable
				  violator's history of prior offenses, and such other factors as may be
				  appropriate shall be considered.
C.
				  The probable violator shall pay a civil penalty that has been imposed by the
				  commission as a result of a rule to show cause or pursuant to an order of
				  settlement by submitting to the division a certified check made payable to the
				  Treasurer of Virginia in the correct amount of the civil penalty determined by
				  the commission.
D. If the probable
				  violator or named defendant in an order issued pursuant to these rules fails to
				  comply with such order, then the amount of the civil penalty for failure to
				  comply with the commission's order shall be determined in accordance with §
				  12.1-33 of the Code of Virginia.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part III - Enforcement › Section 20VAC5-325-100 - 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 the commission's Rules of Practice and Procedure (5VAC5-20-10 et
					 seq.).
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 325 - RULES FOR ENFORCEMENT OF section 56-257 OF THE CODE OF VIRGINIA › Part III - Enforcement › Section 20VAC5-325-110 - 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, the
					 commission's Rules of Practice and Procedure (5VAC5-20-10 et seq.), and Rule 5:21
					 of the Supreme Court.
Statutory Authority
§§ 12.1-13 and 56-265.15 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 330 - LIMITATIONS ON DISCONNECTION OF ELECTRIC AND WATER SERVICE › Section 20VAC5-330-10 - Applicability and scope

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is promulgated pursuant to Chapters 500, 662,
				  and 673 of the 2011 Acts of Assembly. The provisions in this chapter apply to
				  investor-owned electric utilities, electric cooperatives, and public utilities
				  providing water service. In order to promote public health and safety, this
				  chapter is designed to establish reasonable limitations, consistent with the
				  public interest, on the ability of investor-owned electric utilities, electric
				  cooperatives, and public utilities providing water service to terminate service
				  to residential customers who have a serious medical condition or to residential
				  customers who reside with a family member with a serious medical condition and
				  to provide such residential customers adequate time prior to the termination of
				  electric or water service to either enter into a payment plan with the utility
				  or make other arrangements for housing or medical care. Nothing in this chapter
				  shall be interpreted to require an investor-owned electric utility, electric
				  cooperative, or public utility providing water service to terminate service
				  after the expiration of the timelines established herein.
Furthermore, nothing in this chapter shall be interpreted to
				  prohibit an investor-owned electric utility, electric cooperative, or public
				  utility providing water service from terminating service in the event of an
				  emergency or in the event an investor-owned electric utility, electric
				  cooperative, or public utility providing water service reasonably believes that
				  theft of service or meter tampering has occurred in connection with the
				  service.
Statutory Authority
Chapters 500, 662, and 673 of the 2011 Acts of
					 Assembly.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 330 - LIMITATIONS ON DISCONNECTION OF ELECTRIC AND WATER SERVICE › Section 20VAC5-330-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following terms when used in this chapter shall have the
				  following meanings unless the context clearly indicates otherwise:
"Licensed physician" means a person licensed to practice
				  medicine or osteopathic medicine (M.D. or D.O.) in any of the 50 states or the
				  District of Columbia.
"Serious medical condition" means a physical or psychiatric
				  condition that requires medical intervention to prevent further disability,
				  loss of function, or death. Such conditions are characterized by a need for
				  ongoing medical supervision or the consultation of a physician. A serious
				  medical condition carries with it a risk to health beyond that experienced by
				  the majority of children and adults in their day-to-day minor illnesses and
				  injuries. Individuals with a serious medical condition may require
				  administration of specialized treatments and may be dependent on medical
				  technology such as ventilators, dialysis machines, enteral or parenteral
				  nutrition support, or continuous oxygen. Medical interventions may include
				  medications with special storage requirements, use of powered equipment, or
				  access to water.
"Serious Medical Condition Certification Form" means a
				  written document, approved by the State Corporation Commission, signed by (i) a
				  licensed physician, (ii) the customer, and (iii) the patient or the patient's
				  legal guardian or power of attorney. The Serious Medical Condition
				  Certification Form shall (i) identify the medical condition of the customer or
				  family member who resides with the customer, (ii) include a certification by a
				  licensed physician that the medical condition meets the definition of a serious
				  medical condition, (iii) identify the anticipated length of time that the
				  serious medical condition will persist, and (iv) identify any equipment
				  prescribed or treatment required for the medical condition.
Statutory Authority
Chapters 500, 662, and 673 of the 2011 Acts of
					 Assembly.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 330 - LIMITATIONS ON DISCONNECTION OF ELECTRIC AND WATER SERVICE › Section 20VAC5-330-30 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				request for a waiver of any of the provisions of this chapter shall be
				considered by the State Corporation Commission on a case-by-case basis, and may
				be granted upon such terms and conditions as the State Corporation Commission
				may impose.
B. An investor-owned
				electric utility, electric cooperative, or public utility providing water
				service shall use the Serious Medical Condition Certification Form (Form SMCC)
				provided on the State Corporation Commission's website at
http://www.scc.virginia.gov/pue/rules.aspx
unless the State Corporation Commission approves the use of an alternative
				form.
C. An investor-owned
				electric utility, electric cooperative, or public utility providing water
				service may require a customer to provide it a new Serious Medical Condition
				Certification Form either annually or upon the expiration of the anticipated
				length of time that the serious medical condition will persist if such time is
				less than 12 months.
D. An
				investor-owned electric utility, electric cooperative, or public utility
				providing water service may take reasonable actions to verify the validity of
				the Serious Medical Condition Certification Form. Such actions include, but are
				not limited to, contacting (i) the licensed physician to confirm the medical
				condition of the patient and the treatment or treatments associated therewith;
				(ii) the Virginia Department of Health Professions, or the applicable state's
				licensing board, to verify that the physician is a licensed physician; or (iii)
				the customer to verify that the patient currently resides at the
				residence.
E. In the event that the
				investor-owned electric utility, electric cooperative, or public utility
				providing water service is of the opinion that the information provided on the
				Serious Medical Condition Certification Form is invalid, or otherwise is of the
				opinion that there has been fraud or abuse of the process provided in this
				chapter, it may petition the State Corporation Commission for redress pursuant
				to 5VAC5-20-100 B, State Corporation
				Commission's Rules of Practice and Procedure.
Statutory Authority
Chapters 500, 662, and 673 of the 2011 Acts of
					 Assembly.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 330 - LIMITATIONS ON DISCONNECTION OF ELECTRIC AND WATER SERVICE › Section 20VAC5-330-50 - Cost recovery mechanism

Current through Register Vol. 40, No. 24, July 15, 2024
A. An investor-owned electric utility,
				electric cooperative, or public utility providing water service shall be
				permitted to recover losses on customer accounts resulting from the
				implementation of this chapter in the same manner as other uncollectable costs
				are recovered through rates.
B. An
				investor-owned electric utility, electric cooperative, or public utility
				providing water service shall maintain write-offs and recoveries of
				uncollectable accounts in such a manner that would allow those amounts written
				off as a result of the implementation of this chapter to be separately
				identified.
Statutory Authority
Chapters 500, 662, and 673 of the 2011 Acts of
					 Assembly.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 330 - LIMITATIONS ON DISCONNECTION OF ELECTRIC AND WATER SERVICE › Form - FORMS (20VAC5-330)

Current through Register Vol. 40, No. 24, July 15, 2024
Serious
				  Medical Condition Certification Form, Form SMCC (rev.
				  1/2017)
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-10 - Purpose and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter is promulgated pursuant to §
									56-585.5E
				  5 of the Code of Virginia to achieve the deployment of energy storage for the
				  Commonwealth. Each Phase I or Phase II Utility is subject to 20VAC5-335-30
				  through 20VAC5-335-70, 20VAC5-335-120, and 20VAC5-335-130. Non-utility
				  developers, owners, operators, and aggregators of energy storage are subject to
				  20VAC5-335-80 through 20VAC5-335-130. Electric cooperatives are not subject to
				  this chapter.
Statutory Authority: §§
											12.1-13
					 and
					 56-585.5
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-30 - Minimum interim targets for energy storage deployment by Phase I and Phase II Utilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				Phase I Utility shall petition the commission for any necessary approvals to
				construct or acquire the level of energy storage power rating by the following
				dates:
1. By December 31, 2025, 25
				megawatts;
2. By December 31, 2030,
				an additional 125 megawatts for a total of 150 megawatts; and
3. By December 31, 2035, an additional 250
				megawatts for a total of 400 megawatts.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-40 - Procurement of energy storage projects by Phase I and Phase II Utilities

Current through Register Vol. 40, No. 24, July 15, 2024
A. In procuring
				energy storage projects, each Phase I or Phase II Utility shall use competitive
				bidding to the extent practicable, consistent with §
									56-233.1
				of the Code of Virginia.
B.
				Beginning in 2021 and ending in either 2035 or when the storage targets set
				forth in 20VAC5-335-30 are met, whichever is sooner, each Phase I or Phase II
				Utility shall sponsor at least one competitive solicitation for energy storage
				projects per calendar year, consistent with the following requirements:
1. The request for proposals shall quantify
				and describe the utility's need for energy or capacity.
2. The request for proposals shall be
				publicly announced and made available for public review on the utility's
				website at least 60 calendar days prior to the closing of such request for
				proposals.
3. The request for
				proposals shall provide, at a minimum, the following information:
(i) the size, type, and timing of energy
				storage projects for which the utility anticipates contracting;
(ii) any minimum thresholds that must be met
				by respondents, consistent with established codes and standards;
(iii) major assumptions to be used by the
				utility in the bid evaluation process, including environmental emission
				standards;
(iv) detailed
				instructions for preparing bids so that bids can be evaluated on a consistent
				basis;
(v) the preferred general
				location of additional energy storage projects; and
(vi) specific information concerning the
				factors involved in determining the price and non-price criteria used for
				selecting winning bids.
4. A utility may evaluate responses to the
				request for proposals based on any criteria that it deems reasonable but shall
				at a minimum consider the following in its selection process:
(i) the status of a particular project's
				development;
(ii) the age of
				existing facilities;
(iii) the
				demonstrated financial viability of a project and the developer;
(iv) a developer's prior experience in the
				field;
(v) the location and effect
				on the transmission grid of an energy storage project;
(vi) the benefits to the Commonwealth that
				are associated with particular projects, including regional economic
				development and the use of goods and services from Virginia businesses;
(vii) the environmental impacts of
				particular resources, including impacts on air quality within the Commonwealth
				and the carbon intensity of the utility's generation portfolio; and
(viii) how any project impacts the goals
				established by the Virginia Environmental Justice Act (§
											2.2-234 et seq. of
				the Code of Virginia).
5. A utility shall maintain documentation of
				its reasoning for rejecting any specific response to the request for
				proposals.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-50 - Behind-the-meter incentives by Phase I and Phase II Utilities

Current through Register Vol. 40, No. 24, July 15, 2024
As part of the annual proceeding required by §
									56-585.5D
				  4 of the Code of Virginia, each Phase I or Phase II Utility shall address
				  behind-the-meter incentives related to energy storage. Each Phase I or Phase II
				  Utility shall file with the commission applications for approval of
				  behind-the-meter incentives related to energy storage. If the utility proposes
				  to offer any such behind-the-meter incentives to customers through a
				  demand-side management program, the utility may seek approval through any
				  existing processes for demand-side management programs under §
									56-585.1A
				  5 of the Code of Virginia, rather than through a separate proceeding under this
				  section.
Statutory Authority: §§
											12.1-13
					 and
					 56-585.5
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-60 - Non-wires alternative programs by Phase I and Phase II Utilities

Current through Register Vol. 40, No. 24, July 15, 2024
As part of the annual proceeding required by §
									56-585.5D
				  4 of the Code of Virginia, each Phase I or Phase II Utility shall address
				  non-wires alternative programs related to energy storage. Each Phase I or Phase
				  II Utility shall file with the commission applications for approval of
				  non-wires alternative programs related to energy storage. If the utility
				  proposes to offer non-wires alternative programs to customers through a
				  demand-side management program, the utility may seek approval through any
				  existing processes for demand-side management programs under §
									56-585.1A
				  5 of the Code of Virginia, rather than through a separate proceeding under this
				  section.
Statutory Authority: §§
											12.1-13
					 and
					 56-585.5
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-70 - Peak demand reduction programs by Phase I and Phase II Utilities

Current through Register Vol. 40, No. 24, July 15, 2024
As part of the annual proceeding required by §
									56-585.5D
				  4 of the Code of Virginia, each Phase I or Phase II Utility shall address peak
				  demand reduction programs related to energy storage. Each Phase I or Phase II
				  Utility shall file with the commission applications for approval of peak demand
				  reduction programs related to energy storage. If the utility proposes to offer
				  any such peak demand reduction programs to customers through a demand-side
				  management program, the utility may seek approval through any existing
				  processes for demand-side management programs under §
									56-585.1A
				  5 of the Code of Virginia, rather than through a separate proceeding under this
				  section.
Statutory Authority: §§
											12.1-13
					 and
					 56-585.5
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-100 - Energy storage aggregator registration with utility

Current through Register Vol. 40, No. 24, July 15, 2024
A. An energy storage aggregator shall submit
				to the utility in whose certificated service territory it intends to operate
				proof of licensure from the commission to provide energy storage aggregation
				services in the Commonwealth. An energy storage aggregator shall provide notice
				of any suspension or revocation of its license to the utility upon issuance of
				the suspension or revocation by the commission.
B. An energy storage aggregator and the
				utility shall exchange the names, telephone numbers, and email addresses of
				appropriate internal points of contact to address operational and business
				coordination issues and the names and addresses of their registered agents in
				Virginia.
Statutory Authority: §§
											12.1-13
					 and
					 56-585.5
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-110 - Marketing by energy storage aggregators

Current through Register Vol. 40, No. 24, July 15, 2024
A. An energy storage aggregator shall provide
				accurate, understandable information in any advertisements, solicitations,
				marketing materials, or customer service contracts in a manner that is not
				misleading. Marketing material found misleading by the commission will be
				withdrawn by the energy storage aggregator from its published
				materials.
B. Customer service
				contracts shall include:
1. Explanations of
				the price for the energy storage aggregator's services or, if the exact price
				cannot feasibly be specified, an explanation of how the price will be
				calculated;
2. Explanations of how
				the customer will be compensated for the value of their energy
				storage;
3. Length of the service
				contract, including any provisions for automatic contract renewal;
4. Provisions for termination by the customer
				and by the energy storage aggregator;
5. A statement of any minimum contract terms,
				minimum or maximum storage requirements, minimum or fixed charges, and any
				other charges;
6. Applicable fees
				including start-up fees, cancellation fees, late payment fees, and fees for
				checks returned for insufficient funds;
7. A notice of any billing terms and
				conditions;
8. A toll-free
				telephone number and an address for inquiries and complaints;
9. In a conspicuous place, confirmation of
				the customer's request for enrollment and the approximate date the customer's
				service shall commence;
10. A
				notice that, upon request by the customer, the energy storage aggregator shall
				provide a copy of its dispute resolution procedure; and
11. A notice that, upon any change in the
				terms and conditions of the contract, including any provisions governing price
				or pricing methodology or assignment of the contract to another energy storage
				aggregator, the energy storage aggregator shall communicate such changes to the
				customer at least 30 days in advance of implementing such changes.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-120 - Confidentiality

Current through Register Vol. 40, No. 24, July 15, 2024
Where any application filed under this chapter, including any
				  supporting documents or pre-filed testimony, contains information that the
				  applicant asserts is confidential, the filing may be made under seal and
				  accompanied by a motion for a protective order or other confidential treatment
				  in accordance with
				  5VAC5-20-170.
Statutory Authority: §§
											12.1-13
					 and
					 56-585.5
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 335 - REGULATIONS GOVERNING THE DEPLOYMENT OF ENERGY STORAGE › Section 20VAC5-335-130 - Waiver

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any request for
				a waiver of any provision in this chapter may be granted upon such terms and
				conditions as the commission may impose.
B. For good cause shown, any Phase I or Phase
				II Utility may request a waiver of the commission's Rules Governing Utility
				Promotional Allowances (20VAC5-313) for any proposed programs or incentives
				related to energy storage set forth in 20VAC5-335-50, 20VAC5-335-60, and
				20VAC5-335-70.
C. For good cause
				shown, any Phase I or Phase II Utility may request a waiver of the commission's
				Regulations Governing the Functional Separation of Incumbent Electric Utilities
				under the Virginia Electric Utility Restructuring Act (20VAC5-202).
Statutory Authority: §§
											12.1-13
					 and
					 56-585.5
					 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 340 - RULES GOVERNING SHARED SOLAR PROGRAM › Section 20VAC5-340-10 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter is
				promulgated pursuant to §
									56-594.3 of
				the Code of Virginia. The provisions of this chapter apply to Phase II
				Utilities, subscriber organizations, and subscribers. The provisions of this
				chapter govern the development of shared solar facilities and participation in
				the shared solar program.
B. The
				maximum cumulative size of the shared solar program initially shall not exceed
				150 megawatts, at least 30% of which must be comprised of low-income customers.
				The program shall be expanded by 50 megawatts upon qualification of satisfying
				the 30% requirement of low-income participation.
C. Any shared solar facility may colocate on
				the same parcel of land as another shared solar facility only if such
				facilities are owned by the same entity and do not exceed an accumulative
				maximum capacity of 5,000 kilowatts among all such facilities. Such facilities
				will also be responsible for any special interconnection arrangements with the
				utility.
D. Customers
				participating in this program shall remain in their present customer class but
				may not participate in the multi-family solar program, pursuant to Chapters
				1187, 1188, 1189, and 1239 of the 2020 Acts of Assembly, or the net metering
				program, pursuant to 20VAC5-315, while participating in this program.
E. Each utility must file any tariffs,
				agreements, or forms necessary for implementation of the program within 60 days
				of the utility's full implementation of a new customer information platform or
				by July 1, 2023, whichever occurs first, to process customer subscriptions.
				Subscriber organizations may apply for licenses, register projects, interact
				with potential customers, and otherwise develop shared solar projects beginning
				in 2021.
F. The provisions of this
				chapter shall be deemed not to prohibit the Phase II Utility, in emergency
				situations, from taking actions it is otherwise authorized to take that are
				necessary to ensure public safety and reliability of the distribution system.
				The commission, upon a claim of inappropriate action or its own motion, may
				investigate and take such corrective actions as may be appropriate.
G. A request for a waiver of any of the
				provisions in this chapter shall be considered by the State Corporation
				Commission on a case-by-case basis and may be granted upon such terms and
				conditions as the State Corporation Commission may impose.
Statutory Authority: §
											12.1-13
					 and
					 56-594.3 of
					 the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 340 - RULES GOVERNING SHARED SOLAR PROGRAM › Section 20VAC5-340-60 - Billing and payment

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				Subscriber organizations shall provide subscriber information to the utility as
				follows:
1. Subscriber organizations must
				provide, on a monthly basis and in a standard electronic format and pursuant to
				this chapter, a subscriber list indicating the kilowatt-hours of generation
				attributable to each of the subscribers participating in a shared solar
				facility in accordance with the subscriber's portion of the output of the
				shared solar facility.
2.
				Subscriber lists must may be updated monthly to reflect canceling subscribers
				and to add new subscribers.
3.
				Monthly information must be provided by the fifth business day of the month.
4. Data transfer protocols for
				exchange of data between the subscriber organization and the utility shall be
				established to include:
a. Data components;
b. Data format;
c. Timing of monthly data exchanges;
d. Encryption level; and
e. Channel of data
				submission.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 340 - RULES GOVERNING SHARED SOLAR PROGRAM › Section 20VAC5-340-70 - Disputes

Current through Register Vol. 40, No. 24, July 15, 2024
A. The parties
				agree to attempt to resolve all disputes arising out of the shared solar
				program process according to the provisions of this section.
B. A subscriber organization shall establish
				an explicit dispute resolution procedure that identifies clearly the process
				that shall be followed when resolving customer disputes. A copy of such dispute
				resolution procedure shall be provided to a customer or the commission upon
				request.
C. If the dispute remains
				unresolved, either party may petition the commission to handle the dispute as a
				formal complaint or may exercise whatever rights and remedies it may have in
				equity or law.
D. A subscriber
				organization shall furnish to customers an address and 24-hour toll-free
				telephone number for customer inquiries and complaints regarding services
				provided by the subscriber organization. The 24-hour toll-free telephone number
				shall be stated on all customer-billing statements and shall provide customers
				the opportunity to speak to a customer representative during normal business
				hours. Outside of normal business hours, a recorded message shall direct
				customers how to obtain customer assistance.
E. A subscriber organization shall direct a
				customer to contact the utility immediately if the customer has a service
				emergency. Such direction may be given either by a customer service
				representative or by a recorded message on its 24-hour toll-free telephone
				number.
F. A subscriber
				organization shall retain customer billing and account records and complaint
				records for at least three years and provide copies of such records to a
				customer or the commission upon request.
G. In the event that a customer has been
				referred to the utility by a subscriber organization, or to a subscriber
				organization by the utility, for response to an inquiry or a complaint, the
				party that is contacted second shall
(i)
				resolve the inquiry or complaint in a timely fashion or
(ii) contact the other party to determine
				responsibility for resolving the inquiry or complaint.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 340 - RULES GOVERNING SHARED SOLAR PROGRAM › Section 20VAC5-340-80 - Minimum bill composition

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commission shall convene a proceeding
				to determine any monthly administrative charge and the components of the
				minimum bill. With respect to the minimum bill:
1. Each subscriber shall pay a minimum
				monthly bill, which shall, as approved by the commission, include the costs of
				all utility infrastructure and services used to provide electric service and
				administrative costs of the shared solar program. The commission may modify the
				minimum bill over time. In establishing the minimum bill, the commission shall
				(i) consider further costs the commission deems relevant to ensure subscribing
				customers pay a fair share of the costs of providing electric services to the
				subscribers, and (ii) minimize the costs shifted to customers not in a shared
				solar program.
2. The minimum bill
				components established as set forth in subdivision 1 of this subsection and
				updated as deemed necessary by the commission shall be limited to such costs as
				determined by the commission to be just and reasonable based on evidence
				provided by the parties to the evidentiary hearing process. Such costs must
				reflect incremental costs of the shared solar program and not otherwise
				recovered by the utility from participating subscribers. The following factors
				shall be considered by the commission in determining whether costs proposed by
				the utility are incremental to the shared solar program and eligible for
				inclusion in the minimum bill:
a. The extent
				to which the costs are utility infrastructure and services used to provide
				electric service for the shared solar program;
b. The extent to which the costs are
				administrative costs of the shared solar program;
c. Whether including the cost in the minimum
				bill is necessary to ensure subscribing customers pay a fair share of the costs
				of providing electric services to the subscribers; Whether including the cost
				in the minimum bill is necessary to ensure subscribing customers pay a fair
				share of the costs of providing electric services to the subscribers;
d. Whether including the cost in
				the minimum bill will minimize the costs shifted to customers not in a shared
				solar program; and
e. Whether
				including the cost in the minimum bill is otherwise consistent with the
				requirements of §
											56-594.3 of
				the Code of Virginia.
3.
				The commission shall also determine consider how the utility will recover the
				minimum bill charges for exempt low-income customers.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 340 - RULES GOVERNING SHARED SOLAR PROGRAM › Section 20VAC5-340-90 - Recordkeeping and reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. Subscriber organizations. Prior to
				commercial operation of any shared solar facility, each subscriber organization
				shall report to the commission and the applicable utility its achievement of
				contracting with low-income customers. Thereafter, this report shall be updated
				and filed semi-annually with the commission by January 31 and July 31,
				respectively, of each calendar year for the previous calendar year, commencing
				in 2024. When making the annual report, the subscriber organization shall
				provide the following information:
1. Total
				number of subscribers and the amount of kilowatts subscribed to by each
				subscriber;
2. Total number of
				low-income customers and the amount of kilowatts subscribed to by each
				low-income customer;
3. Detailed
				plan for meeting its low-income customer target in the upcoming year if the
				target was not met for the annual period covered by the report; and
4. Certification that there is no subscriber
				whose subscription size exceeds the subscriber's average annual bill over the
				past 12 months for the customer account to which the subscription is
				attributed.
The utility shall maintain a consolidated list of active
				  subscriber organizations, including the number of low-income customers for each
				  organization. Each subscriber organization shall retain a record of all
				  disclosure forms, low-income customer proof of eligibility, and subscriber
				  allocation lists for a period of at least three years.
Each subscriber organization shall retain copies of
				  subscriber contracts for a period of at least one year from the date of their
				  expiration. Each of these documents must be made available immediately upon
				  request from the commission or commission staff. A subscriber organization
				  shall retain customer billing and account records and complaint records for at
				  least three years.