Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 312 - RULES GOVERNING RETAIL ACCESS TO COMPETITIVE ENERGY SERVICES › Section 20VAC5-312-20 - General provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. 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.
B. The provisions of
				this chapter may be enforced by the State Corporation Commission by any means
				authorized under applicable law or regulation. Enforcement actions may include,
				without limitation, the refusal to issue any license for which application has
				been made, and the revocation or suspension of any license previously granted.
				The provisions of this chapter shall not be deemed to preclude a person
				aggrieved by a violation of these regulations from pursuing any civil relief
				that may be available under state or federal law, including, without
				limitation, private actions for damages or other equitable relief.
C. The provisions of this chapter shall not
				be deemed to prohibit the local distribution company, 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 State
				Corporation Commission, upon a claim of inappropriate action or its own motion,
				may investigate and take such corrective actions as may be
				appropriate.
D. The State
				Corporation Commission maintains the right to inspect the books, papers,
				records and documents, and to require reports and statements, of a competitive
				service provider as required to verify qualifications to conduct business
				within the Commonwealth, to support affiliate transactions, to investigate
				allegations of violations of this chapter, or to resolve a complaint filed
				against a competitive service provider. Every competitive service provider
				licensed pursuant to this chapter shall establish and maintain records
				identifying persons or entities performing promotional or marketing activities
				on behalf of or in conjunction with such competitive service
				provider.
E. The local distribution
				company shall provide, pursuant to the prices, terms, and conditions of its
				tariffs approved by the State Corporation Commission, service to all customers
				that do not select a competitive service provider and to customers that chose a
				competitive service provider but whose service is terminated for any
				reason.
F. A competitive service
				provider selling electricity supply service or natural gas supply service, or
				both, at retail shall:
1. Procure sufficient
				electric generation and transmission service or sufficient natural gas supply
				and delivery capability, or both, to serve the requirements of its firm
				customers.
2. Abide by any
				applicable regulation or procedure of any institution charged with ensuring the
				reliability of the electric or natural gas systems, including the State
				Corporation Commission, the North American Electric Reliability Corporation,
				and the Federal Energy Regulatory Commission, or any successor agencies
				thereto.
3. Comply with any
				obligations that the State Corporation Commission may impose to ensure access
				to sufficient availability of capacity.