{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-232.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-232.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-232.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-232.html"}],"law_id":75233,"edition_id":1,"section_id":75233,"structure_id":15607,"section_number":"56-232","catch_line":"Public utility and schedules defined","history":"Code 1919, \u00a7 4067; 1918, p. 413; 1922, p. 887; 1942, p. 20; 1950, pp. 54, 481; 1954, c. 525; 1956, c. 436; 1964, c. 195; 1966, c. 620; 1975, c. 358; 1981, c. 385; 1984, c. 341; 1985, cc. 2, 41; 1990, c. 488; 1999, c. 419; 2000, cc. 528, 543; 2002, c. 813; 2003, c. 172; 2006, c. 411; 2009, c. 746.","full_text":"A\n\nThe term &#8220;public utility&#8221; as used in \u00a7\u00a7 56-233 to 56-240 and 56-246 to 56-250:1\n\nShall mean and embrace every corporation (other than a municipality), company, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any court whatsoever, that now or hereafter may own, manage or control any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages or for the production, transmission, delivery, or furnishing of heat, chilled air, chilled water, light, power, or water, or sewerage facilities, either directly or indirectly, to or for the public.2\n\nNotwithstanding any provision of subdivision 1 of this subsection or subsection G of &#xA7; 13.1-620, shall also include any governmental entity established pursuant to the laws of any other state, corporation (other than a municipality established under the laws of this Commonwealth), company, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any court whatsoever, that at any time owns, manages or controls any plant or equipment, or any part thereof, located within the Commonwealth, which plant or equipment is used in the provision of sewage treatment services to or for an authority as defined in &#xA7; 15.2-5101; however, the Commission shall have no jurisdiction to regulate the rates, terms and conditions of sewage treatment services that are provided by any such public utility directly to persons pursuant to the terms of a franchise agreement between the public utility and a municipality established under the laws of this Commonwealth.3\n\nExcept as provided in subdivision 2, shall not be construed to include any corporation created under the provisions of Title 13.1 unless the articles of incorporation expressly state that the corporation is to conduct business as a public service company.B\n\nNotwithstanding any provision of law to the contrary, no person, firm, corporation, or other entity shall be deemed a public utility or public service company, solely by virtue of engaging in production, transmission, or sale at retail of electric power as a qualifying small power producer using renewable or nondepletable primary energy sources within the meaning of regulations adopted by the Federal Energy Regulatory Commission in implementation of the Public Utility Regulatory Policies Act of 1978 (P.L. 95-617) and not exceeding 7.5 megawatts of rated capacity, nor solely by virtue of serving as an aggregator of the production of such small power producers, provided that the portion of the output of any qualifying small power producer which is sold at retail shall not be sold to residential consumers.C\n\nNo qualifying small power producer, within the meaning of regulations adopted by the Federal Energy Regulatory Commission, shall be deemed a public utility within the meaning of Chapter 7 (&#xA7; 62.1-80 et seq.) of Title 62.1.D\n\nThe term &#8220;public utility&#8221; as herein defined shall not be construed to include any chilled water air-conditioning cooperative serving residences in less than a one square mile area, or any company that is excluded from the definition of &#8220;public utility&#8221; by subdivision (b)(4), (b)(8), (b)(9), or (b)(10) of &#xA7; 56-265.1.E\n\nSubject to the provisions of &#xA7; 56-232.1, the term &#8220;schedules&#8221; as used in &#xA7;&#xA7; 56-234 through 56-245 shall include schedules of rates and charges for service to the public and also contracts for rates and charges in sales at wholesale to other public utilities or for divisions of rates between public utilities, but shall not include contracts of telephone companies with the state government or contracts of other public utilities with municipal corporations or the federal or state government, or any contract executed prior to July 1, 1950.","order_by":null,"text":{"0":{"id":270184,"text":"The term &#8220;public utility&#8221; as used in \u00a7\u00a7 56-233 to 56-240 and 56-246 to 56-250:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":270185,"text":"Shall mean and embrace every corporation (other than a municipality), company, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any court whatsoever, that now or hereafter may own, manage or control any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages or for the production, transmission, delivery, or furnishing of heat, chilled air, chilled water, light, power, or water, or sewerage facilities, either directly or indirectly, to or for the public.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":270186,"text":"Notwithstanding any provision of subdivision 1 of this subsection or subsection G of &#xA7; 13.1-620, shall also include any governmental entity established pursuant to the laws of any other state, corporation (other than a municipality established under the laws of this Commonwealth), company, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any court whatsoever, that at any time owns, manages or controls any plant or equipment, or any part thereof, located within the Commonwealth, which plant or equipment is used in the provision of sewage treatment services to or for an authority as defined in &#xA7; 15.2-5101; however, the Commission shall have no jurisdiction to regulate the rates, terms and conditions of sewage treatment services that are provided by any such public utility directly to persons pursuant to the terms of a franchise agreement between the public utility and a municipality established under the laws of this Commonwealth.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":270187,"text":"Except as provided in subdivision 2, shall not be construed to include any corporation created under the provisions of Title 13.1 unless the articles of incorporation expressly state that the corporation is to conduct business as a public service company.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":270188,"text":"Notwithstanding any provision of law to the contrary, no person, firm, corporation, or other entity shall be deemed a public utility or public service company, solely by virtue of engaging in production, transmission, or sale at retail of electric power as a qualifying small power producer using renewable or nondepletable primary energy sources within the meaning of regulations adopted by the Federal Energy Regulatory Commission in implementation of the Public Utility Regulatory Policies Act of 1978 (P.L. 95-617) and not exceeding 7.5 megawatts of rated capacity, nor solely by virtue of serving as an aggregator of the production of such small power producers, provided that the portion of the output of any qualifying small power producer which is sold at retail shall not be sold to residential consumers.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":270189,"text":"No qualifying small power producer, within the meaning of regulations adopted by the Federal Energy Regulatory Commission, shall be deemed a public utility within the meaning of Chapter 7 (&#xA7; 62.1-80 et seq.) of Title 62.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":270190,"text":"The term &#8220;public utility&#8221; as herein defined shall not be construed to include any chilled water air-conditioning cooperative serving residences in less than a one square mile area, or any company that is excluded from the definition of &#8220;public utility&#8221; by subdivision (b)(4), (b)(8), (b)(9), or (b)(10) of &#xA7; 56-265.1.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":270191,"text":"Subject to the provisions of &#xA7; 56-232.1, the term &#8220;schedules&#8221; as used in &#xA7;&#xA7; 56-234 through 56-245 shall include schedules of rates and charges for service to the public and also contracts for rates and charges in sales at wholesale to other public utilities or for divisions of rates between public utilities, but shall not include contracts of telephone companies with the state government or contracts of other public utilities with municipal corporations or the federal or state government, or any contract executed prior to July 1, 1950.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15607,"edition_id":1,"name":"Definitions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13238,"metadata":{},"date_created":"2026-06-26 03:56:48","date_modified":"2026-06-26 03:56:48","permalink":{"id":248723,"object_type":"structure","relational_id":15607,"identifier":"1","token":"56\/10\/1","url":"\/56\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13238,"edition_id":1,"name":"Heat, Light, Power, Water and Other Utility Companies Generally","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":248721,"object_type":"structure","relational_id":13238,"identifier":"10","token":"56\/10","url":"\/56\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75233,"structure_id":15607,"section_number":"56-232","catch_line":"Public utility and schedules defined","url":"\/56-232\/","token":"56\/10\/1\/56-232","metadata":false},{"id":65474,"structure_id":15607,"section_number":"56-232.1","catch_line":"Regulation of service by certain gas pipeline companies to municipalities","url":"\/56-232.1\/","token":"56\/10\/1\/56-232.1","metadata":false},{"id":69270,"structure_id":15607,"section_number":"56-232.2","catch_line":"Regulation of compressed natural gas service","url":"\/56-232.2\/","token":"56\/10\/1\/56-232.2","metadata":false},{"id":76982,"structure_id":15607,"section_number":"56-232.2:1","catch_line":"Regulation of electric vehicle charging service","url":"\/56-232.2_1\/","token":"56\/10\/1\/56-232.2_1","metadata":false},{"id":59566,"structure_id":15607,"section_number":"56-232.3","catch_line":"Regulation of service by certain gas distribution companies to federal, state and local governmental facilities","url":"\/56-232.3\/","token":"56\/10\/1\/56-232.3","metadata":false},{"id":77820,"structure_id":15607,"section_number":"56-233","catch_line":"Service defined","url":"\/56-233\/","token":"56\/10\/1\/56-233","metadata":false}],"next_section":{"id":65474,"structure_id":15607,"section_number":"56-232.1","catch_line":"Regulation of service by certain gas pipeline companies to municipalities","url":"\/56-232.1\/","token":"56\/10\/1\/56-232.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-232\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 15 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 525; in 1956, chapter 436; in 1964, chapter 195; in 1966, chapter 620; in 1975, chapter 358; in 1981, chapter 385; in 1984, chapter 341; in 1985, chapters 2 and 41; in 1990, chapter 488; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0419\">419<\/a>; in 2000, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0528\">528<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP0543\">543<\/a>; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0813\">813<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0172\">172<\/a>; in 2006, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0411\">411<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0746\">746<\/a>.<\/p>","references":[{"id":58996,"section_number":"10.1-605.3","catch_line":"General permit for certain impounding structures","order_by":null,"url":"\/10.1-605.3\/"},{"id":66838,"section_number":"56-1.2","catch_line":"Persons, localities, and school boards not designated as public utility, public service corporation, etc","order_by":null,"url":"\/56-1.2\/"},{"id":59566,"section_number":"56-232.3","catch_line":"Regulation of service by certain gas distribution companies to federal, state and local governmental facilities","order_by":null,"url":"\/56-232.3\/"},{"id":84236,"section_number":"56-234.5","catch_line":"Required disclosure by certain officers and directors of certain utilities","order_by":null,"url":"\/56-234.5\/"},{"id":63163,"section_number":"56-235.4","catch_line":"Prohibition of multiple rate increases within any twelve-month period; exception","order_by":null,"url":"\/56-235.4\/"},{"id":64527,"section_number":"56-240","catch_line":"Proposed rates, etc., or changes thereof, not suspended effective subject to later change by Commission; refund or credit; appeal; investor-owned public utilities required to show increase complies with \u00a7 56-235.2","order_by":null,"url":"\/56-240\/"},{"id":82532,"section_number":"56-249.7","catch_line":"Certain directors and officers of utility to file shareholder information","order_by":null,"url":"\/56-249.7\/"},{"id":85772,"section_number":"56-265.1","catch_line":"Definitions","order_by":null,"url":"\/56-265.1\/"},{"id":74335,"section_number":"56-265.10","catch_line":"Definitions","order_by":null,"url":"\/56-265.10\/"},{"id":75556,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","order_by":null,"url":"\/56-265.2\/"},{"id":84616,"section_number":"56-458.1","catch_line":"Relocation of lines or works of certain public utilities acquired by Commonwealth Transportation Board","order_by":null,"url":"\/56-458.1\/"},{"id":67753,"section_number":"56-466.1","catch_line":"Pole attachments; cable television systems and telecommunications service providers","order_by":null,"url":"\/56-466.1\/"},{"id":76084,"section_number":"56-533","catch_line":"Regulation by State Corporation Commission","order_by":null,"url":"\/56-533\/"},{"id":63393,"section_number":"56-55","catch_line":"Definitions","order_by":null,"url":"\/56-55\/"},{"id":77551,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","order_by":null,"url":"\/56-580\/"},{"id":75586,"section_number":"56-582","catch_line":"Rate caps","order_by":null,"url":"\/56-582\/"},{"id":67687,"section_number":"56-585.1","catch_line":"Generation, distribution, and transmission rates after capped rates terminate or expire","order_by":null,"url":"\/56-585.1\/"},{"id":87343,"section_number":"56-585.3","catch_line":"Regulation of cooperative rates after rate caps","order_by":null,"url":"\/56-585.3\/"},{"id":80324,"section_number":"56-585.4","catch_line":"Net energy metering transition provisions for electric cooperatives","order_by":null,"url":"\/56-585.4\/"},{"id":58706,"section_number":"56-76","catch_line":"Definitions","order_by":null,"url":"\/56-76\/"},{"id":76400,"section_number":"62.1-80.1","catch_line":"Applicability of chapter","order_by":null,"url":"\/62.1-80.1\/"},{"id":55141,"section_number":"62.1-85","catch_line":"License required to construct dam; application","order_by":null,"url":"\/62.1-85\/"}],"refers_to":[{"id":63023,"section_number":"13.1-620","catch_line":"Special kinds of business","order_by":null,"url":"\/13.1-620\/"},{"id":68932,"section_number":"15.2-5101","catch_line":"Definitions","order_by":null,"url":"\/15.2-5101\/"},{"id":65474,"section_number":"56-232.1","catch_line":"Regulation of service by certain gas pipeline companies to municipalities","order_by":null,"url":"\/56-232.1\/"},{"id":77820,"section_number":"56-233","catch_line":"Service defined","order_by":null,"url":"\/56-233\/"},{"id":87361,"section_number":"56-234","catch_line":"Duty to furnish adequate service at reasonable and uniform rates","order_by":null,"url":"\/56-234\/"},{"id":64527,"section_number":"56-240","catch_line":"Proposed rates, etc., or changes thereof, not suspended effective subject to later change by Commission; refund or credit; appeal; investor-owned public utilities required to show increase complies with \u00a7 56-235.2","order_by":null,"url":"\/56-240\/"},{"id":67793,"section_number":"56-245","catch_line":"Temporary increase in rates","order_by":null,"url":"\/56-245\/"},{"id":54253,"section_number":"56-246","catch_line":"Tests and equipment therefor","order_by":null,"url":"\/56-246\/"},{"id":65074,"section_number":"62.1-80","catch_line":"Declaration of public policy","order_by":null,"url":"\/62.1-80\/"}],"permalink":{"id":248725,"object_type":"law","relational_id":75233,"identifier":"56-232","token":"56\/10\/1\/56-232","url":"\/56-232\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-232\/","token":"56\/10\/1\/56-232","dublin_core":{"Title":"Public utility and schedules defined","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-232","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The term &#8220;public utility&#8221; as used in \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Service defined\" href=\"\/56-233\/\">56-233<\/a> to <a class=\"law\" title=\"Proposed rates, etc., or changes thereof, not suspended effective subject to later change by Commission; refund or credit; appeal; investor-owned public utilities required to show increase complies with \u00a7 56-235.2\" href=\"\/56-240\/\">56-240<\/a> and <a class=\"law\" title=\"Tests and equipment therefor\" href=\"\/56-246\/\">56-246<\/a> to <a class=\"law\" title=\"Commission may authorize action by public utility in time of emergency or shortage; plans\" href=\"\/56-250\/\">56-250<\/a>: <a id=\"paragraph-270184\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Shall mean and embrace every <span class=\"dictionary\">corporation<\/span> (other than a <span class=\"dictionary\">municipality<\/span>), <span class=\"dictionary\">company<\/span>, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any <span class=\"dictionary\">court<\/span> whatsoever, that now or hereafter may own, manage or control any plant or equipment or any part of a plant or equipment within the Commonwealth for the conveyance of telephone messages or for the production, transmission, delivery, or furnishing of heat, chilled air, chilled water, light, power, or water, or sewerage facilities, either directly or indirectly, to or for the public. <a id=\"paragraph-270185\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Notwithstanding any provision of subdivision 1 of this subsection or subsection G of &#xA7; <a class=\"law\" title=\"Special kinds of business\" href=\"\/13.1-620\/\">13.1-620<\/a>, shall also include any governmental entity established pursuant to the <span class=\"dictionary\">laws<\/span> of any other state, <span class=\"dictionary\">corporation<\/span> (other than a <span class=\"dictionary\">municipality<\/span> established under the <span class=\"dictionary\">laws<\/span> of this Commonwealth), <span class=\"dictionary\">company<\/span>, individual, or association of individuals or cooperative, their lessees, trustees, or receivers, appointed by any <span class=\"dictionary\">court<\/span> whatsoever, that at any time owns, manages or controls any plant or equipment, or any part thereof, located within the Commonwealth, which plant or equipment is used in the provision of sewage treatment services to or for an authority as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/15.2-5101\/\">15.2-5101<\/a>; however, the <span class=\"dictionary\">Commission<\/span> shall have no <span class=\"dictionary\">jurisdiction<\/span> to regulate the <span class=\"dictionary\">rates<\/span>, terms and conditions of sewage treatment services that are provided by any such public utility directly to <span class=\"dictionary\">persons<\/span> pursuant to the terms of a franchise agreement between the public utility and a <span class=\"dictionary\">municipality<\/span> established under the <span class=\"dictionary\">laws<\/span> of this Commonwealth. <a id=\"paragraph-270186\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Except as provided in subdivision 2, shall not be construed to include any <span class=\"dictionary\">corporation<\/span> created under the provisions of Title 13.1 unless the articles of incorporation expressly state that the <span class=\"dictionary\">corporation<\/span> is to conduct business as a <span class=\"dictionary\">public service company<\/span>. <a id=\"paragraph-270187\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding any provision of <span class=\"dictionary\">law<\/span> to the contrary, no <span class=\"dictionary\">person<\/span>, firm, <span class=\"dictionary\">corporation<\/span>, or other entity shall be deemed a public utility or <span class=\"dictionary\">public service company<\/span>, solely by virtue of engaging in production, transmission, or sale at retail of electric power as a qualifying small power producer using renewable or nondepletable primary energy sources within the meaning of regulations adopted by the Federal Energy Regulatory <span class=\"dictionary\">Commission<\/span> in implementation of the Public Utility Regulatory Policies Act of 1978 (P.L. 95-617) and not exceeding 7.5 megawatts of rated capacity, nor solely by virtue of serving as an aggregator of the production of such small power producers, provided that the portion of the output of any qualifying small power producer which is sold at retail shall not be sold to residential consumers. <a id=\"paragraph-270188\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> No qualifying small power producer, within the meaning of regulations adopted by the Federal Energy Regulatory <span class=\"dictionary\">Commission<\/span>, shall be deemed a public utility within the meaning of Chapter 7 (&#xA7; <a class=\"law\" title=\"Declaration of public policy\" href=\"\/62.1-80\/\">62.1-80<\/a> et seq.) of Title 62.1. <a id=\"paragraph-270189\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The term &#8220;public utility&#8221; as herein defined shall not be construed to include any chilled water air-conditioning cooperative serving residences in less than a one square mile area, or any company that is excluded from the definition of &#8220;public utility&#8221; by subdivision (b)(4), (b)(8), (b)(9), or (b)(10) of &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/56-265.1\/\">56-265.1<\/a>. <a id=\"paragraph-270190\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Subject to the provisions of &#xA7; <a class=\"law\" title=\"Regulation of service by certain gas pipeline companies to municipalities\" href=\"\/56-232.1\/\">56-232.1<\/a>, the term &#8220;<span class=\"dictionary\">schedules<\/span>&#8221; as used in &#xA7;&#xA7; <a class=\"law\" title=\"Duty to furnish adequate service at reasonable and uniform rates\" href=\"\/56-234\/\">56-234<\/a> through <a class=\"law\" title=\"Temporary increase in rates\" href=\"\/56-245\/\">56-245<\/a> shall include <span class=\"dictionary\">schedules<\/span> of <span class=\"dictionary\">rates<\/span> and charges for service to the public and also <span class=\"dictionary\">contracts<\/span> for <span class=\"dictionary\">rates<\/span> and charges in sales at wholesale to other public utilities or for divisions of <span class=\"dictionary\">rates<\/span> between public utilities, but shall not include <span class=\"dictionary\">contracts<\/span> of telephone companies with the state government or <span class=\"dictionary\">contracts<\/span> of other public utilities with <span class=\"dictionary\">municipal corporations<\/span> or the federal or state government, or any <span class=\"dictionary\">contract<\/span> executed prior to July 1, 1950. <a id=\"paragraph-270191\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-232\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPUBLIC UTILITY AND SCHEDULES DEFINED (\u00a7 56-232)\n\nA. The term &#8220;public utility&#8221; as used in \u00a7\u00a7 56-233 to 56-240 and\n56-246 to 56-250:\n\n   1. Shall mean and embrace every corporation (other than a municipality),\n   company, individual, or association of individuals or cooperative, their\n   lessees, trustees, or receivers, appointed by any court whatsoever, that now\n   or hereafter may own, manage or control any plant or equipment or any part of\n   a plant or equipment within the Commonwealth for the conveyance of telephone\n   messages or for the production, transmission, delivery, or furnishing of heat,\n   chilled air, chilled water, light, power, or water, or sewerage facilities,\n   either directly or indirectly, to or for the public.\n\n   2. Notwithstanding any provision of subdivision 1 of this subsection or\n   subsection G of &#xA7; 13.1-620, shall also include any governmental entity\n   established pursuant to the laws of any other state, corporation (other than a\n   municipality established under the laws of this Commonwealth), company,\n   individual, or association of individuals or cooperative, their lessees,\n   trustees, or receivers, appointed by any court whatsoever, that at any time\n   owns, manages or controls any plant or equipment, or any part thereof, located\n   within the Commonwealth, which plant or equipment is used in the provision of\n   sewage treatment services to or for an authority as defined in &#xA7;\n   15.2-5101; however, the Commission shall have no jurisdiction to regulate the\n   rates, terms and conditions of sewage treatment services that are provided by\n   any such public utility directly to persons pursuant to the terms of a\n   franchise agreement between the public utility and a municipality established\n   under the laws of this Commonwealth.\n\n   3. Except as provided in subdivision 2, shall not be construed to include any\n   corporation created under the provisions of Title 13.1 unless the articles of\n   incorporation expressly state that the corporation is to conduct business as a\n   public service company.\n\nB. Notwithstanding any provision of law to the contrary, no person, firm,\ncorporation, or other entity shall be deemed a public utility or public service\ncompany, solely by virtue of engaging in production, transmission, or sale at\nretail of electric power as a qualifying small power producer using renewable or\nnondepletable primary energy sources within the meaning of regulations adopted\nby the Federal Energy Regulatory Commission in implementation of the Public\nUtility Regulatory Policies Act of 1978 (P.L. 95-617) and not exceeding 7.5\nmegawatts of rated capacity, nor solely by virtue of serving as an aggregator of\nthe production of such small power producers, provided that the portion of the\noutput of any qualifying small power producer which is sold at retail shall not\nbe sold to residential consumers.\n\nC. No qualifying small power producer, within the meaning of regulations adopted\nby the Federal Energy Regulatory Commission, shall be deemed a public utility\nwithin the meaning of Chapter 7 (&#xA7; 62.1-80 et seq.) of Title 62.1.\n\nD. The term &#8220;public utility&#8221; as herein defined shall not be\nconstrued to include any chilled water air-conditioning cooperative serving\nresidences in less than a one square mile area, or any company that is excluded\nfrom the definition of &#8220;public utility&#8221; by subdivision (b)(4),\n(b)(8), (b)(9), or (b)(10) of &#xA7; 56-265.1.\n\nE. Subject to the provisions of &#xA7; 56-232.1, the term\n&#8220;schedules&#8221; as used in &#xA7;&#xA7; 56-234 through 56-245 shall\ninclude schedules of rates and charges for service to the public and also\ncontracts for rates and charges in sales at wholesale to other public utilities\nor for divisions of rates between public utilities, but shall not include\ncontracts of telephone companies with the state government or contracts of other\npublic utilities with municipal corporations or the federal or state government,\nor any contract executed prior to July 1, 1950.\n\nHISTORY: Code 1919, \u00a7 4067; 1918, p. 413; 1922, p. 887; 1942, p. 20; 1950, pp.\n54, 481; 1954, c. 525; 1956, c. 436; 1964, c. 195; 1966, c. 620; 1975, c. 358;\n1981, c. 385; 1984, c. 341; 1985, cc. 2, 41; 1990, c. 488; 1999, c. 419; 2000,\ncc. 528, 543; 2002, c. 813; 2003, c. 172; 2006, c. 411; 2009, c. 746.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}