reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 205 - RULES GOVERNING UTILITY RATE APPLICATIONS AND ANNUAL INFORMATIONAL FILINGS OF INVESTOR-OWNED GAS UTILITIES › Section 20VAC5-205-60 - System expansion plans

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant that files an initial or amended system
				  expansion plan pursuant to Chapter 28 (§
									56-610 et seq.) of Title 56 of the
				  Code of Virginia, shall file Schedule 50 as identified and described in
				  20VAC5-205-90, which shall be
				  submitted with the utility's direct testimony. Additionally, applications in
				  which the utility seeks a return on investment based on the last authorized
				  cost of capital shall include Schedule 3, Parts B through E. Applications in
				  which the utility seeks an updated return on investment shall include Schedules
				  3, 4, 5, and 8 for only the year requested. If Schedule 8 is filed, the
				  application shall provide schedules that support the amount and cost rate of
				  each component of the proposed capital structure and explain all assumptions
				  used.
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 205 - RULES GOVERNING UTILITY RATE APPLICATIONS AND ANNUAL INFORMATIONAL FILINGS OF INVESTOR-OWNED GAS UTILITIES › Section 20VAC5-205-65 - Biogas supply investment plans

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant that files an initial or amended biogas supply
				  investment plan pursuant to Chapter 30 (§
									56-625) of Title 56 of the Code of
				  Virginia, shall file Schedule 51 as identified and described in
				  20VAC5-205-90, which shall be
				  submitted with the utility's direct testimony. Additionally, applications in
				  which the utility seeks a return on investment based on the last authorized
				  cost of capital shall include Schedule 3, Parts B through E. Applications in
				  which the utility seeks an updated return on investment shall include Schedules
				  3, 4, 5, and 8 for only the year requested. If Schedule 8 is filed, the
				  application shall provide schedules that support the amount and cost rate of
				  each component of the proposed capital structure and explain all assumptions
				  used.
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 205 - RULES GOVERNING UTILITY RATE APPLICATIONS AND ANNUAL INFORMATIONAL FILINGS OF INVESTOR-OWNED GAS UTILITIES › Section 20VAC5-205-70 - Temporary increases of rates

Current through Register Vol. 40, No. 24, July 15, 2024
Applicants that file a request for a temporary increase in
				  rates pursuant to §
									56-245 of the Code of Virginia,
				  shall include Schedules 1 through 9, 11, 12, 14, 16, 17, and 18 as identified
				  and described in
				  20VAC5-205-90.
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 205 - RULES GOVERNING UTILITY RATE APPLICATIONS AND ANNUAL INFORMATIONAL FILINGS OF INVESTOR-OWNED GAS UTILITIES › Section 20VAC5-205-75 - Steps to Advance Virginia's Energy Plan filings

Current through Register Vol. 40, No. 24, July 15, 2024
An application filed pursuant to Chapter 26 (§
									56-603 et seq.) of Title 56 of the
				  Code of Virginia for a new or amended Steps to Advance Virginia's Energy (SAVE)
				  Plan or SAVE Rider, shall include Schedule 46 as identified and described in
				  20VAC5-205-90, which shall be
				  submitted with the utility's direct testimony. Additionally, applications in
				  which the utility seeks a return on investment based on the last authorized
				  cost of capital shall include Schedule 3, Parts B through E. Applications in
				  which the utility seeks an updated return on investment shall include Schedules
				  3, 4, 5, and 8 for only the year requested. If Schedule 8 is filed, the
				  application shall provide schedules that support the amount and cost rate of
				  each component of the proposed capital structure and explain all assumptions
				  used. Applications limited to requesting an accounting update to an existing
				  SAVE Rider may omit the requirements of
				  20VAC5-205-10 B
				  7.
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 205 - RULES GOVERNING UTILITY RATE APPLICATIONS AND ANNUAL INFORMATIONAL FILINGS OF INVESTOR-OWNED GAS UTILITIES › Section 20VAC5-205-85 - Conservation and ratemaking efficiency plans

Current through Register Vol. 40, No. 24, July 15, 2024
An applicant that files a conservation and ratemaking
				  efficiency plan pursuant to Chapter 25 (§
									56-600 et seq.) of Title 56 of the
				  Code of Virginia, shall file Schedule 48 as identified and described in
				  20VAC5-205-90, which shall be
				  submitted with the utility's direct testimony. Additionally, applications in
				  which the utility seeks a return on investment based on the last authorized
				  cost of capital shall include Schedule 3, Parts B through E. Applications in
				  which the utility seeks an updated return on investment shall include Schedules
				  3, 4, 5, and 8 for only the year requested. If Schedule 8 is filed, the
				  application shall provide schedules that support the amount and cost rate of
				  each component of the proposed capital structure and explain all assumptions
				  used.
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 205 - RULES GOVERNING UTILITY RATE APPLICATIONS AND ANNUAL INFORMATIONAL FILINGS OF INVESTOR-OWNED GAS UTILITIES › Form - FORMS (20VAC5-205)

Current through Register Vol. 40, No. 24, July 15, 2024
Forms
				  - Schedule 1 - Historical Profitability and Market Data (eff.
				  1/2024)
Forms
				  - Schedule 2 - Interest and Cash Flow Coverage Data (eff.
				  1/2024)
Forms
				  - Schedule 3 - Capital Structure & Cost of Capital Statement - Per Books
				  and Average (eff. 1/2024)
Forms
				  - Schedule 9 - Rate of Return Statement - Earnings Test - Per Books (eff.
				  1/2024)
Forms
				  - Schedule 11 - Rate of Return Statement - Earnings Test - Adjusted to a
				  Regulatory Accounting Basis (eff. 1/2024)
Forms
				  - Schedule 12 - Rate Base Statement - Earnings Test - Per Books (eff.
				  1/2024)
Forms
				  - Schedule 14 - Rate Base Statement - Earnings Test - Adjusted to a Regulatory
				  Accounting Basis (eff. 1/2024)
Forms
				  - Schedule 15 - Schedule of Regulatory Assets (eff. 1/2024)
Forms
				  - Schedule 16 - Detail of Regulatory Accounting Adjustments (eff.
				  1/2024)
Forms
				  - Schedule 17 - Lead/Lag Cash Working Capital Calculation - Earnings Test (eff.
				  1/2024)
Forms
				  - Schedule 18 - Balance Sheet Analysis - Earnings Test (eff.
				  1/2024)
Forms
				  - Schedule 19 - Rate of Return Statement - Per Books (eff.
				  1/2024)
Forms
				  - Schedule 21 - Rate of Return Statement - Reflecting Ratemaking Adjustments
				  (eff. 1/2024)
Forms
				  - Supporting SAVE Roll-in Schedule 21 - Rate of Return Statement - Reflecting
				  Ratemaking Adjustments (eff. 1/2024)
Forms
				  - Schedule 22 - Rate Base Statement - Per Books (eff. 1/2024)
Forms
				  - Schedule 24 - Rate Base Statement - Adjusted - Reflecting Ratemaking
				  Adjustments (eff. 1/2024)
Forms
				  - Supporting SAVE Roll-in Schedule 24 - Rate Base Statement - Adjusted -
				  Reflecting Ratemaking Adjustments (eff. 1/2024)
Forms
				  - Schedule 25 - Detail of Ratemaking Adjustments (eff. 1/2024)
Forms
				  - Schedule 26 - Revenue Requirement Reconciliation (eff. 1/2024)
Forms
				  - Schedule 26 - Revenue Requirement Reconciliation - FOR ILLUSTRATIVE PURPOSES
				  ONLY (eff. 1/2024)
Forms
				  - Schedule 27 - Lead/Lag Cash Working Capital Calculation - Adjusted (eff.
				  1/2024)
Forms
				  - Schedule 28 - Balance Sheet Analysis - Adjusted (eff. 1/2024)
Forms
				  - Schedule 40 a and b - Jurisdictional Cost of Service Study (eff.
				  1/2024)
Forms
				  - Schedule 40c - Class Cost of Service Study (eff. 1/2024)
Forms
				  - Schedule 46 - Initial or Amended SAVE Plans and SAVE Rider Adjustments (eff.
				  01/2024)
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 210 - WATER OR WASTEWATER UTILITY APPLICATIONS SEEKING FAIR VALUATION OF ACQUISITIONS OF MUNICIPAL WATER OR WASTEWATER SYSTEMS › Section 20VAC5-210-10 - Purpose and applicability

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter sets forth minimum filing requirements for
				  Virginia's investor-owned water and wastewater utilities related to
				  applications pursuant to Chapter 5 (§
									56-88 et
				  seq.) of Title 56 of the Code of Virginia when electing to seek use of fair
				  market value (i) in the acquisition of a municipal or other governmental
				  selling entity's water or wastewater system, and (ii) for purposes of
				  determining initial rate base in conjunction with such acquisition. The
				  commission may waive any or all parts of this chapter for good cause
				  shown.
Statutory Authority: §
											12.1-13
					 and 56-90.2 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 210 - WATER OR WASTEWATER UTILITY APPLICATIONS SEEKING FAIR VALUATION OF ACQUISITIONS OF MUNICIPAL WATER OR WASTEWATER SYSTEMS › Section 20VAC5-210-30 - Commission determination of rate base

Current through Register Vol. 40, No. 24, July 15, 2024
A. An average of the three appraisals, which
				includes one sponsored by commission staff, shall be deemed the fair market
				value for purposes of the proceeding.
B. The rate base value of the acquired system
				for purposes of subsequent rate filings made pursuant to Chapter 10 (§
									56-232
				et seq.) of Title 56 of the Code of Virginia shall be the following: the fees
				and costs of the utility valuation experts authorized by the acquiring and
				selling entities, transaction costs, and other closing costs found by the
				commission to be reasonable and prudently incurred, plus the lesser of (i) the
				purchase price negotiated between the acquiring utility and selling entity as
				the result of a voluntary arm's-length transaction and (ii) the fair market
				value. The rate base value shall incorporate the provisions for depreciation as
				identified in this chapter.
Statutory Authority: §
											12.1-13
					 and 56-90.2 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 210 - WATER OR WASTEWATER UTILITY APPLICATIONS SEEKING FAIR VALUATION OF ACQUISITIONS OF MUNICIPAL WATER OR WASTEWATER SYSTEMS › Section 20VAC5-210-40 - Miscellaneous general provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Nothing in this chapter shall be construed
				to relieve the applicant from its duty to demonstrate that ".adequate service
				to the public at just and reasonable rates will not be impaired or jeopardized
				by granting the prayer of the petition." as provided in §
									56-90
				of the Code of Virginia.
B. Any
				information deemed confidential by the applicant may be submitted and treated
				confidentially under
				5VAC5-20-170.
C. This chapter does not limit the commission
				staff or parties from raising issues related to the proposed acquisition for
				commission consideration that have not been addressed in the applicant's filing
				before the commission.
D.
				Commission staff and parties may seek discovery to confirm the reasonableness
				of, and provide testimony and recommendations regarding, the appraisals and
				engineering assessment sponsored by the acquiring and selling entities. The
				applicant may seek discovery as permitted of commission staff pursuant to
				5VAC5-20-260
				to confirm the reasonableness of the appraisal sponsored by commission staff
				and may provide rebuttal testimony or response and recommendations regarding
				such.
E. If the depreciation rates
				for the acquired system are not based on a depreciation study:
1. The acquiring utility may apply a 3.0%
				composite depreciation rate to the fair market value of the utility system
				assets acquired; and
2 . A
				depreciation study on the acquired system shall be performed within five years
				of acquisition and provided for review by the commission staff. Upon acceptance
				of the depreciation rates by commission staff for booking purposes, such rates
				shall be utilized for the system effective as of the date of the study.
				However, if the acquired system is of a size that would qualify under the Small
				Water or Sewer Public Utility Act (Chapter 10.2:1 (§
										56-265.13:1 et seq.)
				of Title 56 of the Code of Virginia), such assets may be exempted from the
				requirement of performing a depreciation study.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 300 - ENERGY REGULATION; IN GENERAL › Section 20VAC5-300-40 - Regulations to govern the preservation of records of electric, gas and water utilities

Current through Register Vol. 40, No. 24, July 15, 2024
A.
1. Scope of this section. The regulations in
				this section apply to all books of account and other records prepared by or on
				behalf of the public utility or licensee for which the Virginia Corporation
				Commission serves as the "primary" public service commission. See Item 64 of
				the schedule for those records which come into possession of the public utility
				or licensee in connection with the acquisition of property, such as purchase,
				consolidation, merger, etc.
2. The
				regulations in this section shall not be construed as excusing compliance with
				any other lawful requirement for the preservation of records for periods longer
				than those prescribed herein.
3.
				Unless otherwise specified in the Schedule, duplicate copies of records may be
				destroyed at any time; provided, however, that such duplicate copies contain no
				significant information not shown on the originals.
4. Records other than those listed in the
				Schedule may be destroyed at the option of the public utility or licensee;
				provided, however, that records which are used in lieu of those listed shall be
				preserved for the periods prescribed for the records used for substantially
				similar purposes. And, provided further, that retention of records pertaining
				to added services, functions, plant, etc., the establishment which cannot be
				presently foreseen, shall conform to the principles embodied herein.
5. Notwithstanding the provisions of the
				Records Retention Schedule, the Commission may, upon the request of the
				Company, authorize a shorter period of retention for any record listed therein
				upon a showing by the Company that preservation of such record for a longer
				period is not necessary or appropriate in the public interest or for the
				protection of investors or consumers.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-10 - Purpose and scope

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of these rules is to establish minimum
				  requirements for any electric utility bidding program that is used to purchase
				  electric capacity and energy from other power suppliers. The rules apply to any
				  investor-owned electric utility or cooperative operating in Virginia that
				  chooses to establish a bidding program. Although these rules are equally
				  applicable to cooperatives, the differences between investor-owned electric
				  utilities and cooperatives are recognized. Those differences, including size,
				  needs, control and the relationship with Old Dominion Electric Cooperative for
				  centralized planning and power acquisition functions, can be readily
				  accommodated within the parameters of these rules.
Electric utilities maintain the right to establish a bidding
				  program or secure electric capacity and energy through other means. If a
				  bidding program is developed, the responsibilities of developing requests for
				  proposals, evaluating bids and negotiating and enforcing contracts lies with
				  the utility.
A utility may file for exemptions from any or all of these
				  bidding program requirements. In making its decision regarding exemptions, the
				  Commission will consider the size of the utility's operations in Virginia and
				  the requirements of other regulatory bodies having jurisdiction over the
				  utility.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-20 - Sources of capacity

Current through Register Vol. 40, No. 24, July 15, 2024
With the exception noted below, a utility may allow all
				  sources of capacity to submit offers in a bidding program. This could include
				  other electric utilities, independent power producers, cogenerators and small
				  power producers.
A host utility may not allow directly affiliated companies
				  to participate in its capacity solicitation. Parties offering capacity
				  reductions through load management may participate at the discretion of the
				  host utility.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-30 - Development of resource plan

Current through Register Vol. 40, No. 24, July 15, 2024
If a utility chooses to establish a bidding program, that
				  program must be an integral part of the utility's long-term resource plan. The
				  information in a utility's resource plan should determine the size of
				  solicitations, the timing of the need and many of the evaluation
				  criteria.
An electric utility's need for capacity as identified in its
				  Request for Proposal (RFP) should be consistent with its long-term resource
				  plans. The capacity need identified by an investor-owned electric utility
				  should be consistent with the resource plans filed most recently with the
				  Commission. If the RFP is not consistent with the resource plan, the company
				  must justify any differences before an RFP is issued.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-40 - Request for proposal

Current through Register Vol. 40, No. 24, July 15, 2024
The utility's request for proposals should provide accurate
				  information about the company's need for capacity. Such information should, at
				  a minimum, include the following:
1.
				The size, type and timing of capacity for which the company anticipates
				contracting;
2. Any minimum
				thresholds that must be met by respondents;
3. Major assumptions to be used by the
				utility in the bid evaluation process, including environmental emission
				standards;
4. Explicit instructions
				for preparing bids so that bids can be evaluated on a consistent
				basis;
5. Preferred general
				location of additional capacity;
6.
				A standard power purchase and operating agreement; and
7. Specific information concerning the
				factors involved in determining price and non-price criteria used for selecting
				winning bids.
The electric utility should provide all information that
				  would reasonably be expected to have a bearing on the viability of a proposed
				  project. Potential bidders should have the opportunity to meet with the utility
				  to discuss the RFP and the utility's capacity needs. Advance notice of the
				  issuance of an RFP must be provided to the Commission staff.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-50 - Evaluation of bids

Current through Register Vol. 40, No. 24, July 15, 2024
The evaluation of bids submitted in a bidding program must
				  be based on the criteria identified in the utility's request for proposal. Bids
				  should compete not only with other bids but also with the company's own build
				  options, including plant life extensions.
While a company's build option need not be treated as a
				  sealed bid, the utility must be able to demonstrate that it has objectively
				  evaluated its build option against the bids received.
It should be recognized that the utility's evaluation will
				  be under close scrutiny by the Commission staff and other interested parties.
				  Unsuccessful bidders should have an opportunity to meet with the utility to
				  discuss the evaluation of their bids.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-60 - Company cost benchmark

Current through Register Vol. 40, No. 24, July 15, 2024
An electric utility conducting a bidding program must
				  develop detailed cost estimates of its own build options. Those options may
				  include units jointly planned with other companies. Cost estimates must be
				  current and based on the prices likely to be actually quoted by manufacturers
				  and vendors of power plant equipment. These estimates need not be divulged to
				  potential bidders. However, if detailed cost estimates are not identified in
				  the company's RFP such estimates must be submitted to the Commission prior to
				  the company receiving competitive bids. The Commission will treat utility cost
				  estimates as confidential during the bid evaluation and contracting
				  period.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-70 - Price and non-price factors

Current through Register Vol. 40, No. 24, July 15, 2024
The price and non-price factors selected for evaluation and
				  the weightings attached to each can reasonably vary from utility to utility.
				  However, the following factors must be considered for each project.
1. Level and schedule of required capacity
				and energy payments;
2. Status of
				project development;
3.
				Demonstrated financial viability of the project and the developer;
4. A developer's prior experience in the
				field;
5. System fuel
				diversity;
6.
				Dispatchability;
7. Project
				location and effect on the transmission grid;
8. Efficiencies of joint production of
				electricity and steam inherent in the cogeneration process;
9. Use of Virginia fuels, manpower and other
				state resources;
10. Benefits to be
				derived by the industries and communities associated with particular projects;
				and
11. Environmental
				impact.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-80 - Contract negotiations

Current through Register Vol. 40, No. 24, July 15, 2024
Any contract negotiations between the utility and a
				  potential supplier of electricity should be in strict accordance with what is
				  stated in the company's RFP. In fairness to all bidding participants, contract
				  negotiations should not be extensive. Fundamental changes in the nature of the
				  project or capacity and purchase payments must not be negotiated. Any contract
				  signed must include provisions that assure a facility's performance and
				  continued availability under the agreement.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-90 - Purchases outside of the bidding process

Current through Register Vol. 40, No. 24, July 15, 2024
A utility with an active competitive bid program may refuse
				  offers of capacity that have been received outside of a bidding process.
				  Energy, however, must be purchased from an offering Qualifying Facility (QF) in
				  accordance with PURPA (Public Utilities Regulatory Policies Act of 1978, 16
				  USCS §§ 824a-3 et seq.) requirements.
Electricity purchases outside of the bidding process could
				  include purchases under tariffs from small power producers and cogenerators,
				  short term, economy and emergency purchases. The extension of an existing
				  contract could also normally be accomplished outside of the bidding process. If
				  a utility and a potential provider of capacity want to negotiate a purchased
				  power contract outside of the bidding process under other circumstances, they
				  must jointly file a petition with the Commission. The parties must demonstrate
				  that the opportunity cannot be accommodated in a bidding process and that the
				  terms of the purchase are favorable from both a cost and reliability
				  standpoint.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-100 - Commission role in complaint resolution

Current through Register Vol. 40, No. 24, July 15, 2024
The Commission will provide a forum to resolve disputes
				  between a utility and a bidder that may arise as a result of implementation of
				  the bidding process. If a utility does not elect to implement an exclusive
				  bidding process, the Commission will continue its traditional role of
				  arbitrating price, terms, and conditions of purchased power contracts when the
				  parties reach an impasse.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 301 - RULES GOVERNING THE USE OF BIDDING PROGRAMS TO PURCHASE ELECTRICITY FROM OTHER POWER SUPPLIERS › Section 20VAC5-301-110 - Utility reporting requirements

Current through Register Vol. 40, No. 24, July 15, 2024
An electric utility conducting a competitive bid
				  solicitation must submit a written report to the Commission staff within 45
				  days of the completion of its evaluation of bids. This report shall describe in
				  detail the evaluation of bids and the company's comparison of the bids received
				  to its own construction options. A second report, similar to the report
				  submitted to the staff but without information considered to be proprietary,
				  must be prepared as a public document. The company shall cooperate fully with
				  the staff in its review of the solicitation and evaluation
				  process.
Statutory Authority
§§ 56-234.3, 56-234.4, 56-235.1 and 56-249 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 302 - FILING REQUIREMENTS IN SUPPORT OF APPLICATIONS FOR AUTHORITY TO CONSTRUCT AND OPERATE AN ELECTRIC GENERATING FACILITY › Section 20VAC5-302-10 - Applicability and scope

Current through Register Vol. 40, No. 24, July 15, 2024
Any application, except as noted herein, filed by a person
				  planning to construct electric generating facilities and incidental or
				  associated facilities in the Commonwealth of Virginia and who must apply for
				  approval from the State Corporation Commission ("commission"), pursuant to §§
				  56-46.1, and 56-580D of the Code of Virginia must comply with the provisions of
				  this chapter. Applications filed pursuant to this chapter shall set forth (i)
				  the nature of the proposed facility, (ii) the applicant's technical and
				  financial fitness to construct, operate and maintain the proposed facility,
				  (iii) the effects of the facility on the environment and economic development,
				  (iv) the effects of the facility upon reliability of electric service provided
				  by any regulated public utility, and (v) why construction and operation of the
				  proposed facility is not contrary to the public interest.
Construction of electric generating facilities with rated
				  capacities of 5 MW or less may be undertaken without complying with the filing
				  requirements established by this chapter. Persons desiring to construct such
				  facilities shall (i) submit a letter to the Director of the Division of Energy
				  Regulation stating the location, size and fuel type of the facility, and (ii)
				  comply with all other requirements of federal, state and local law.
Where any application filed under these rules, including any
				  supporting documents or prefiled testimony, contains information that the
				  applicant asserts is confidential, the filing may be made under seal in
				  accordance with 5VAC5-20-170 of the commission's Rules of Practice and
				  Procedure, 5VAC5-20. Any such filing shall be simultaneously accompanied by
				  both a motion for a protective order or other confidential treatment, and an
				  additional five copies of a redacted version of the filing to be available for
				  public disclosure. Unredacted filings containing the confidential information
				  shall, however, be immediately available to the commission staff for internal
				  use at the commission.
Statutory Authority
§§ 12.1-13, 56-234.3 and 56-265.2 and 56-580 of the Code of
					 Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 302 - FILING REQUIREMENTS IN SUPPORT OF APPLICATIONS FOR AUTHORITY TO CONSTRUCT AND OPERATE AN ELECTRIC GENERATING FACILITY › Section 20VAC5-302-20 - General information, electric generating facility information and documents to be included in applications for (i) electric generating facilities greater than 50 MW and (ii) renewable energy electric generating facilities with rated capacities greater than 100 MW

Current through Register Vol. 40, No. 24, July 15, 2024
The following information shall be provided for all proposed
				  (i) electric generating facilities with rated capacities in excess of 50 MW and
				  (ii) renewable energy electric generating facilities with rated capacities
				  greater than 100 MW. As used in this rule, "renewable energy" shall have the
				  same meaning as set forth in § 56-576 of the Code of Virginia. In addition, an
				  applicant proposing the construction, ownership or operation of a natural
				  gas-fired electric generating facility shall serve a copy of its application
				  for construction of the electric generating facility upon all natural gas local
				  distribution companies in whose certificated service territories such electric
				  generating facility or interconnected natural gas facilities will be
				  constructed or operated, contemporaneously with the filing of such
				  application.
1. Legal name of the
				applicant as well as any trade name.
2. A description of the applicant's
				authorized business structure, identifying the state authorizing such structure
				and the date thereof, e.g., if incorporated, the state and date of
				incorporation; if a limited liability company, the state issuing the
				certificate of organization and the date thereof.
3. Name and business addresses of all
				principal corporate officers and directors, partners, and LLC members, as
				appropriate.
4. Financial
				information for the applicant, or principal participant or participants in the
				project. If the applicant or principal participant or participants is a private
				entity, financial information should include an analysis of the entity's
				financial condition and audited financial statements for the two most recent
				fiscal years. If the applicant or principal participant or participants is a
				public company, financial information should include the entity's most recent
				stockholder report and most recent Securities and Exchange Commission Form
				10-K.
5. Prefiled testimony in
				support of the application.
6. A
				discussion of the applicant's qualifications, including:
a. A summary of other projects developed and
				managed by the applicant. Include location, status, and operational
				history.
b. A detailed description
				of the organizational structure of the applicant. Include the division of
				ownership, if applicable.
c. A
				description of any affiliation or affiliations with an incumbent electric
				utility as defined in § 56-576 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 302 - FILING REQUIREMENTS IN SUPPORT OF APPLICATIONS FOR AUTHORITY TO CONSTRUCT AND OPERATE AN ELECTRIC GENERATING FACILITY › Section 20VAC5-302-25 - General information, electric generating facility information and documents to be included in applications for (i) electric generating facilities equal to 50 MW or less but greater than 5 MW, and (ii) renewable energy electric generating facilities with rated capacities equal to 100 MW or less but greater than 5 MW

Current through Register Vol. 40, No. 24, July 15, 2024
The following information shall be provided for all proposed
				  (i) electric generating facilities with rated capacities of 50 MW or less but
				  greater than 5 MW, and (ii) renewable energy electric generating facilities
				  with rated capacities equal to 100 MW or less but greater than 5 MW. As used in
				  this rule, "renewable energy" shall have the same meaning as set forth in §
				  56-576 of the Code of Virginia.
1. The
				legal name of the applicant as well as any trade name.
2. A description of the applicant's
				authorized business structure, identifying the state authorizing such structure
				and the date thereof, e.g., if incorporated, the state and date of
				incorporation; if a limited liability company, the state issuing the
				certificate of organization and the date thereof.
3. The name and business addresses of all
				principal corporate officers and directors, partners, and LLC members, as
				appropriate.
4. Financial
				information for the applicant, or principal participant or participants in the
				project. If the applicant or principal participant or participants is a private
				entity, financial information should include an analysis of the entity's
				financial condition and audited financial statements for the two most recent
				fiscal years, if available. If the applicant or principal participant or
				participants is a public company, financial information should include the
				entity's most recent stockholder report and most recent Securities and Exchange
				Commission Form 10-K. If such information is unavailable, provide evidence that
				applicant has the financial resources, or access to capital, necessary to
				complete the proposed project.
5. A
				discussion of the applicant's qualifications, including:
a. A summary of other projects developed and
				managed by the applicant. Include location, status, and operational
				history.
b. A description of any
				affiliation or affiliations with an incumbent electric utility as defined in §
				56-576 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 302 - FILING REQUIREMENTS IN SUPPORT OF APPLICATIONS FOR AUTHORITY TO CONSTRUCT AND OPERATE AN ELECTRIC GENERATING FACILITY › Section 20VAC5-302-35 - Information required from electric utilities subject to section 56-585.1 of the Code of Virginia

Current through Register Vol. 40, No. 24, July 15, 2024
Any incumbent electric utility as defined in § 56-576 of the
				  Code of Virginia and subject to the commission's ratemaking authority pursuant
				  to § 56-585.1 of the Code of Virginia shall provide justification of the need
				  for the proposed facility. In addition, the following information shall be
				  included:
1. Initial feasibility and
				front end engineering design studies that support the specific plant design,
				plant type and site selected.
2.
				Initial fuel supply studies that demonstrate the availability and adequacy of
				selected fuels.
3. Detailed support
				for planning assumptions regarding plant performance and operating costs,
				including historical information for similar units, where available.
4. Economic studies that compare the selected
				alternative with other options considered, including sensitivity analyses and
				production costing simulations of the applicant's overall generating resources
				that demonstrate that the selected option is the best alternative.
5. Load and generating capacity reserve
				forecast information that demonstrates the need for the plant in the in-service
				year proposed.
6. Detailed cost
				estimate for the facility, including projected costs of construction,
				transmission interconnections, fuel supply related infrastructure improvements
				and project financing.
Statutory Authority
§§ 12.1-13, 56-265.2 and 56-580 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 302 - FILING REQUIREMENTS IN SUPPORT OF APPLICATIONS FOR AUTHORITY TO CONSTRUCT AND OPERATE AN ELECTRIC GENERATING FACILITY › Section 20VAC5-302-40 - 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, 56-234.3 and 56-265.2 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 303 - RULES GOVERNING UTILITY PROMOTIONAL ALLOWANCES › Section 20VAC5-303-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of these rules is to establish the conditions
				  under which electric and gas utilities operating in Virginia may propose to
				  recover reasonable costs associated with promotional allowances to customers.
				  Any utility proposing a promotional allowance program shall demonstrate that
				  such program is reasonably calculated to promote the maximum effective
				  conservation and use of energy and capital resources in providing energy
				  services. Promotional allowance programs shall he cost justified using
				  appropriate cost/benefit methodologies.
Statutory Authority
§§ 56-235.1 and 56-235.2 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 303 - RULES GOVERNING UTILITY PROMOTIONAL ALLOWANCES › Section 20VAC5-303-20 - Promotional allowances prohibited for ratemaking

Current through Register Vol. 40, No. 24, July 15, 2024
Except as provided for under 20VAC5-303-30, no electric or
				  gas utility shall give or offer to give any payment, subsidy or allowance,
				  directly or indirectly. or through a third party, to influence the
				  installation, sale, purchase, or use of any appliance or equipment.
No electric utility shall give or offer to give any monetary
				  or other allowance or credits based on anticipated revenues for the
				  installation of underground service. Schedules of charges for underground
				  service based on revenue-cost ratios or cost differentials shall be filed with
				  the Commission.
Statutory Authority
§§ 56-235.1 and 56-235.2 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 303 - RULES GOVERNING UTILITY PROMOTIONAL ALLOWANCES › Section 20VAC5-303-30 - Permitted activities

Current through Register Vol. 40, No. 24, July 15, 2024
1. Unless
				otherwise specifically prohibited in writing by the Commission, the following
				activities are not prohibited by these rules:
a. Advertising by a utility in its own name,
				consistent with § 56-235.2 of the Code of Virginia.
b. Joint advertising with others, if the
				utility is prominently identified as a sponsor of the advertisement consistent
				with § 56-235.2 of the Code of Virginia.
c. Financing the purchase of appliances by
				utilities so long as the interest rate or carrying charge to the purchaser is
				not less than the interest rate paid by the utility for short term
				debt.
d. Merchandising of
				appliances or equipment by utilities.
e. Inspection and adjustment of appliances by
				utilities. Repairs and other maintenance to appliances and equipment if charges
				are at cost, or above.
f. Donation
				or lending of appliances by utilities to schools for instructional
				purposes.
g. Technical assistance
				offered to customers by employees of utilities.
h. Incentives to full time employees of
				utilities.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 303 - RULES GOVERNING UTILITY PROMOTIONAL ALLOWANCES › Section 20VAC5-303-40 - Promotional allowance program standards

Current through Register Vol. 40, No. 24, July 15, 2024
1. Any utility offering a promotional
				allowance program shall adhere to the following standards:
a. The promotional allowance program shall
				not vary the rates, charges and schedules of the tariff under which service is
				rendered to the customer.
b. A
				utility may not, directly or indirectly, offer or grant to a customer any form
				of promotional allowance except as is uniformly and contemporaneously extended
				to all customers in the same reasonably defined class.
c. Any utility promotional allowance program
				should be designed in such a manner so as to minimize the potential for placing
				private businesses at an undue competitive disadvantage.
d. To the extent applicable, any appliances
				or equipment promoted by a utility under a promotional allowance program shall
				have energy efficiency ratings which meet or exceed current federal standards
				as contained in the National Appliance Energy Conservation Act ( Public Law
				100-12 ), or any subsequent amendments thereof. The Commission may, at its
				discretion, impose other standards for appliances or equipment promoted under a
				utility promotional allowance program.
e. Any utility proposing a promotional
				allowance program that would have a significant effect on the sales levels of
				an alternative energy supplier shall consider the effect of the program on that
				supplier, and demonstrate that the program serves the overall public
				interest.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 303 - RULES GOVERNING UTILITY PROMOTIONAL ALLOWANCES › Section 20VAC5-303-50 - Waivers

Current through Register Vol. 40, No. 24, July 15, 2024
A utility may file for exemptions from any or all of these
				  rules. In making its decision regarding exemptions. the Commission will
				  consider the size of the utility's operations in Virginia. the requirements of
				  other regulatory bodies having jurisdiction over the utility, and the specific
				  Virginia statutory authority under which the utility
				  operates.
Statutory Authority
§§ 56-235.1 and 56-235.2 of the Code of Virginia.
Virginia Administrative Code › Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS › Agency 5 - STATE CORPORATION COMMISSION › Chapter 303 - RULES GOVERNING UTILITY PROMOTIONAL ALLOWANCES › Section 20VAC5-303-60 - Commission authority

Current through Register Vol. 40, No. 24, July 15, 2024
Notwithstanding any of the provisions of this chapter, the
				  Commission may authorize an otherwise prohibited promotional allowance program
				  if the Commission finds that it is in the public interest.
Nothing in the provisions of this chapter shall preclude the
				  Commission from investigating, formally or informally, a utility promotional
				  activity and, if it determines the activity to be adverse to the public
				  interest, modifying or eliminating the activity.
Statutory Authority
§§ 56-235.1 and 56-235.2 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 20VAC5-304-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of these rules is to establish the cost/benefit
				  measures which utilities operating in Virginia must conduct to determine
				  whether a proposed demand-side management ("DSM") program is cost effective and
				  in the public interest.
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 20VAC5-304-20 - Cost/benefit measures

Current through Register Vol. 40, No. 24, July 15, 2024
Utility applicants shall analyze a proposed program from a
				  multi-perspective approach using, at a minimum, the Participants Test, the
				  Utility Cost Test, the Ratepayer Impact Measure Test, and the Total Resource
				  Cost Test. Utilities may file for approval of programs individually or as a
				  package. However, any application which includes a package of DSM programs
				  shall also provide an analysis of the cost/benefit of each program
				  individually.
Statutory Authority
§§ 56-234, 56-235.1, 56-235.2, 56-247 and 56-249 of the
					 Code of Virginia.