{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-235.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-235.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-235.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-235.10.html"}],"law_id":57116,"edition_id":1,"section_id":57116,"structure_id":14465,"section_number":"56-235.10","catch_line":"Recovery of eligible safety activity costs; administration; procedure","history":"2013, cc. 281, 406.","full_text":"A\n\nAs used in this section:\n\t\t\t“Eligible safety activity costs” means a natural gas utility’s operation and maintenance expenditures that are related to (i) the development, implementation, or execution of the natural gas utility’s integrity management program developed in conformance with 49 CFR Part 192, Subpart P — Gas Distribution Pipeline Integrity Management or (ii) programs or measures implemented to comply with regulations issued by the Commission or a federal regulatory body with jurisdiction over pipeline safety.\n\t\t\t“Natural gas utility” means any investor-owned public service company engaged in the business of furnishing natural gas service to the public.B\n\nIn order to enhance pipeline safety in the Commonwealth, when the requirements of this section have been satisfied, a natural gas utility shall be permitted to recover eligible safety activity costs incurred on and after January 1, 2013, in future rates as provided in this section. The natural gas utility shall maintain the burden of demonstrating that the eligible safety activity costs have been reasonably and prudently incurred and that the criteria of this section have been satisfied.C\n\nA natural gas utility may account for eligible safety activity costs to be recovered pursuant to this section as deferred costs. The accumulated unrecovered balance of eligible safety activity costs deferred pursuant to this section shall not exceed four percent of the natural gas utility’s net plant investment that was utilized in establishing or confirming base rates in the natural gas utility’s most recent rate case using the cost of service methodology set forth in § 56-235.2 or performance-based regulation plan authorized by § 56-235.6. The eligible safety activity costs deferred hereunder shall be included in new base rates and charges instituted pursuant to a Commission order establishing or confirming customer rates in a rate case using the cost of service methodology set forth in § 56-235.2 or a performance-based regulation plan authorized by § 56-235.6. Such deferred costs shall not be subject to write-off or write-down by the Commission in an earnings test filing made pursuant to Commission rules governing utility rate increases and annual informational filings except as provided in this subsection. The natural gas utility shall be deemed to have recovered eligible safety activity costs to the extent that the return on equity earned by the natural gas utility in an earnings test filing for a given year, after consideration of the treatment of regulatory assets, is in excess of the mid-point of the rate of return on equity range specified or confirmed in the natural gas utility’s most recent rate case or performance-based regulation plan. Notwithstanding the foregoing, in the event that a utility’s base rates include eligible safety activity costs, the utility shall only be permitted to defer the level of eligible safety activity costs that are in excess of the level reflected in base rates.D\n\nAny natural gas utility that has on its books eligible safety activity costs deferred pursuant to this section shall include an earnings test filing as part of any application for an annual informational filing or rate proceeding.","order_by":null,"text":{"0":{"id":209160,"text":"As used in this section:\n\t\t\t“Eligible safety activity costs” means a natural gas utility’s operation and maintenance expenditures that are related to (i) the development, implementation, or execution of the natural gas utility’s integrity management program developed in conformance with 49 CFR Part 192, Subpart P — Gas Distribution Pipeline Integrity Management or (ii) programs or measures implemented to comply with regulations issued by the Commission or a federal regulatory body with jurisdiction over pipeline safety.\n\t\t\t“Natural gas utility” means any investor-owned public service company engaged in the business of furnishing natural gas service to the public.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209161,"text":"In order to enhance pipeline safety in the Commonwealth, when the requirements of this section have been satisfied, a natural gas utility shall be permitted to recover eligible safety activity costs incurred on and after January 1, 2013, in future rates as provided in this section. The natural gas utility shall maintain the burden of demonstrating that the eligible safety activity costs have been reasonably and prudently incurred and that the criteria of this section have been satisfied.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209162,"text":"A natural gas utility may account for eligible safety activity costs to be recovered pursuant to this section as deferred costs. The accumulated unrecovered balance of eligible safety activity costs deferred pursuant to this section shall not exceed four percent of the natural gas utility’s net plant investment that was utilized in establishing or confirming base rates in the natural gas utility’s most recent rate case using the cost of service methodology set forth in § 56-235.2 or performance-based regulation plan authorized by § 56-235.6. The eligible safety activity costs deferred hereunder shall be included in new base rates and charges instituted pursuant to a Commission order establishing or confirming customer rates in a rate case using the cost of service methodology set forth in § 56-235.2 or a performance-based regulation plan authorized by § 56-235.6. Such deferred costs shall not be subject to write-off or write-down by the Commission in an earnings test filing made pursuant to Commission rules governing utility rate increases and annual informational filings except as provided in this subsection. The natural gas utility shall be deemed to have recovered eligible safety activity costs to the extent that the return on equity earned by the natural gas utility in an earnings test filing for a given year, after consideration of the treatment of regulatory assets, is in excess of the mid-point of the rate of return on equity range specified or confirmed in the natural gas utility’s most recent rate case or performance-based regulation plan. Notwithstanding the foregoing, in the event that a utility’s base rates include eligible safety activity costs, the utility shall only be permitted to defer the level of eligible safety activity costs that are in excess of the level reflected in base rates.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":209163,"text":"Any natural gas utility that has on its books eligible safety activity costs deferred pursuant to this section shall include an earnings test filing as part of any application for an annual informational filing or rate proceeding.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14465,"edition_id":1,"name":"Services, Rates, Charges, Etc","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13238,"metadata":{},"date_created":"2026-06-26 03:48:13","date_modified":"2026-06-26 03:48:13","permalink":{"id":248755,"object_type":"structure","relational_id":14465,"identifier":"2","token":"56\/10\/2","url":"\/56\/10\/2\/","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":87361,"structure_id":14465,"section_number":"56-234","catch_line":"Duty to furnish adequate service at reasonable and uniform rates","url":"\/56-234\/","token":"56\/10\/2\/56-234","metadata":false},{"id":74382,"structure_id":14465,"section_number":"56-234.1","catch_line":"Liability to customer for violation of duty to determine and charge lowest rate applicable","url":"\/56-234.1\/","token":"56\/10\/2\/56-234.1","metadata":false},{"id":56457,"structure_id":14465,"section_number":"56-234.2","catch_line":"Review of rates","url":"\/56-234.2\/","token":"56\/10\/2\/56-234.2","metadata":false},{"id":78493,"structure_id":14465,"section_number":"56-234.3","catch_line":"Approval of expenditures for and monitoring of new generation facilities and projected operation programs of electric utilities","url":"\/56-234.3\/","token":"56\/10\/2\/56-234.3","metadata":false},{"id":72152,"structure_id":14465,"section_number":"56-234.4","catch_line":"Authority to investigate utility operations to determine efficiency","url":"\/56-234.4\/","token":"56\/10\/2\/56-234.4","metadata":false},{"id":84236,"structure_id":14465,"section_number":"56-234.5","catch_line":"Required disclosure by certain officers and directors of certain utilities","url":"\/56-234.5\/","token":"56\/10\/2\/56-234.5","metadata":false},{"id":77453,"structure_id":14465,"section_number":"56-235","catch_line":"When Commission may fix rates, schedules, etc.; 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This law was first created in 2013. The record of its establishment is cataloged in chapters 281<\/a> and 406<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":62621,"section_number":"56-235.2","catch_line":"All rates, tolls, etc., to be just and reasonable to jurisdictional customers; findings and conclusions to be set forth; alternative forms of regulation for electric companies","order_by":null,"url":"\/56-235.2\/"},{"id":71641,"section_number":"56-235.6","catch_line":"Optional performance-based regulation of certain utilities","order_by":null,"url":"\/56-235.6\/"}],"permalink":{"id":248789,"object_type":"law","relational_id":57116,"identifier":"56-235.10","token":"56\/10\/2\/56-235.10","url":"\/56-235.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-235.10\/","token":"56\/10\/2\/56-235.10","dublin_core":{"Title":"Recovery of eligible safety activity costs; administration; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-235.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Eligible safety activity costs<\/span>” means a natural gas utility<\/span>’s operation and maintenance expenditures that are related to (i) the development, implementation, or execution of the natural gas utility<\/span>’s integrity management program developed in conformance with 49 CFR Part 192, Subpart P — Gas Distribution Pipeline Integrity Management or (ii) programs or measures implemented to comply with regulations issued by the Commission<\/span> or a federal regulatory body with jurisdiction<\/span> over pipeline safety.\n\t\t\t“Natural gas utility<\/span>” means any investor-owned public service company<\/span> engaged in the business of furnishing natural gas service to the public. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In order<\/span> to enhance pipeline safety in the Commonwealth, when the requirements of this section have been satisfied, a natural gas utility<\/span> shall be permitted to recover eligible safety activity costs<\/span> incurred on and after January 1, 2013, in future rates<\/span> as provided in this section. The natural gas utility<\/span> shall maintain the burden of demonstrating that the eligible safety activity costs<\/span> have been reasonably and prudently incurred and that the criteria of this section have been satisfied. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A natural gas utility<\/span> may account for eligible safety activity costs<\/span> to be recovered pursuant to this section as deferred costs. The accumulated unrecovered balance of eligible safety activity costs<\/span> deferred pursuant to this section shall not exceed four percent of the natural gas utility<\/span>’s net plant investment that was utilized in establishing or confirming base rates<\/span> in the natural gas utility<\/span>’s most recent rate<\/span> case using the cost of service methodology set forth in § 56-235.2<\/a> or performance-based regulation plan authorized by § 56-235.6<\/a>. The eligible safety activity costs<\/span> deferred hereunder shall be included in new base rates<\/span> and charges instituted pursuant to a Commission<\/span> order<\/span> establishing or confirming customer rates<\/span> in a rate<\/span> case using the cost of service methodology set forth in § 56-235.2<\/a> or a performance-based regulation plan authorized by § 56-235.6<\/a>. Such deferred costs shall not be subject to write-off or write-down by the Commission<\/span> in an earnings test filing made pursuant to Commission<\/span> rules governing utility rate<\/span> increases and annual informational filings except as provided in this subsection. The natural gas utility<\/span> shall be deemed to have recovered eligible safety activity costs<\/span> to the extent that the return on equity<\/span> earned by the natural gas utility<\/span> in an earnings test filing for a given year, after consideration of the treatment of regulatory assets<\/span>, is in excess of the mid-point of the rate<\/span> of return on equity<\/span> range specified or confirmed in the natural gas utility<\/span>’s most recent rate<\/span> case or performance-based regulation plan. Notwithstanding the foregoing, in the event that a utility’s base rates<\/span> include eligible safety activity costs<\/span>, the utility shall only be permitted to defer the level of eligible safety activity costs<\/span> that are in excess of the level reflected in base rates<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any natural gas utility<\/span> that has on its books eligible safety activity costs<\/span> deferred pursuant to this section shall include an earnings test filing as part of any application for an annual informational filing or rate<\/span> proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY OF ELIGIBLE SAFETY ACTIVITY COSTS; ADMINISTRATION; PROCEDURE (\u00a7\n56-235.10)\n\nA. As used in this section:\n\t\t\t“Eligible safety activity costs” means a natural gas\nutility’s operation and maintenance expenditures that are related to (i)\nthe development, implementation, or execution of the natural gas utility’s\nintegrity management program developed in conformance with 49 CFR Part 192,\nSubpart P — Gas Distribution Pipeline Integrity Management or (ii)\nprograms or measures implemented to comply with regulations issued by the\nCommission or a federal regulatory body with jurisdiction over pipeline safety.\n\t\t\t“Natural gas utility” means any investor-owned public service\ncompany engaged in the business of furnishing natural gas service to the public.\n\nB. In order to enhance pipeline safety in the Commonwealth, when the\nrequirements of this section have been satisfied, a natural gas utility shall be\npermitted to recover eligible safety activity costs incurred on and after\nJanuary 1, 2013, in future rates as provided in this section. The natural gas\nutility shall maintain the burden of demonstrating that the eligible safety\nactivity costs have been reasonably and prudently incurred and that the criteria\nof this section have been satisfied.\n\nC. A natural gas utility may account for eligible safety activity costs to be\nrecovered pursuant to this section as deferred costs. The accumulated\nunrecovered balance of eligible safety activity costs deferred pursuant to this\nsection shall not exceed four percent of the natural gas utility’s net\nplant investment that was utilized in establishing or confirming base rates in\nthe natural gas utility’s most recent rate case using the cost of service\nmethodology set forth in § 56-235.2 or performance-based regulation plan\nauthorized by § 56-235.6. The eligible safety activity costs deferred\nhereunder shall be included in new base rates and charges instituted pursuant to\na Commission order establishing or confirming customer rates in a rate case\nusing the cost of service methodology set forth in § 56-235.2 or a\nperformance-based regulation plan authorized by § 56-235.6. Such deferred\ncosts shall not be subject to write-off or write-down by the Commission in an\nearnings test filing made pursuant to Commission rules governing utility rate\nincreases and annual informational filings except as provided in this\nsubsection. The natural gas utility shall be deemed to have recovered eligible\nsafety activity costs to the extent that the return on equity earned by the\nnatural gas utility in an earnings test filing for a given year, after\nconsideration of the treatment of regulatory assets, is in excess of the\nmid-point of the rate of return on equity range specified or confirmed in the\nnatural gas utility’s most recent rate case or performance-based\nregulation plan. Notwithstanding the foregoing, in the event that a\nutility’s base rates include eligible safety activity costs, the utility\nshall only be permitted to defer the level of eligible safety activity costs\nthat are in excess of the level reflected in base rates.\n\nD. Any natural gas utility that has on its books eligible safety activity costs\ndeferred pursuant to this section shall include an earnings test filing as part\nof any application for an annual informational filing or rate proceeding.\n\nHISTORY: 2013, cc. 281, 406.","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}}