{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-239.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-239.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-239.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-239.html"}],"law_id":78378,"edition_id":1,"section_id":78378,"structure_id":14465,"section_number":"56-239","catch_line":"Appeal from action of Commission","history":"Code 1919, \u00a7 4066; 1918, p. 674; 1924, p. 539; 1927, p. 124; 1971, Ex. Sess., c. 31.","full_text":"The public utility whose schedules shall have been so filed or the Commonwealth or other party in interest or party aggrieved may appeal to the Supreme Court from such decision or order as the Commission may finally enter. Upon the granting of such appeal the Supreme Court may award or refuse a writ of supersedeas, and, if a writ of supersedeas be awarded, it may suspend the operation of the action appealed from in whole or in part. Alternatively, the Supreme Court in its discretion may authorize putting into effect the schedule of rates so filed and suspended by the Commission or the schedule of rates existing at the time of the filing of the schedule upon which the investigation and hearing have been had, or require the inauguration of the schedule of rates as ordered by the Commission, until the final disposition of the appeal. But, prior to the final reversal of the order appealed from by the Supreme Court, no action of the Commission prescribing or affecting rates or charges shall be delayed, or suspended in its operation, by reason of any appeal by the party whose rates or charges are affected, or by reason of any proceeding resulting from such appeal until a suspending bond payable to the Commonwealth has been executed and filed with the Commission with such conditions, in such penalty, and with such surety thereon as the Commission, subject to review by the Supreme Court, may deem sufficient. In any appeal from action of the Commission prescribing or affecting the rates or charges of a public utility, such bond, or if no bond is required, the order of the Supreme Court, shall expressly provide for the prompt refunding to the parties entitled thereto of all charges which may have been collected or received, pending the appeal, in excess of those fixed, or authorized by the final decision on appeal, with interest from the date of the collection thereof. But no bond shall be required of the Commonwealth. Any bond required under this section shall be enforced in the name of the Commonwealth before the Commission or before any court having jurisdiction, and the process and proceedings thereon shall be as provided by law upon bonds of like character required to be taken by courts of record of this State.","order_by":null,"text":{"0":{"id":280919,"text":"The public utility whose schedules shall have been so filed or the Commonwealth or other party in interest or party aggrieved may appeal to the Supreme Court from such decision or order as the Commission may finally enter. Upon the granting of such appeal the Supreme Court may award or refuse a writ of supersedeas, and, if a writ of supersedeas be awarded, it may suspend the operation of the action appealed from in whole or in part. Alternatively, the Supreme Court in its discretion may authorize putting into effect the schedule of rates so filed and suspended by the Commission or the schedule of rates existing at the time of the filing of the schedule upon which the investigation and hearing have been had, or require the inauguration of the schedule of rates as ordered by the Commission, until the final disposition of the appeal. But, prior to the final reversal of the order appealed from by the Supreme Court, no action of the Commission prescribing or affecting rates or charges shall be delayed, or suspended in its operation, by reason of any appeal by the party whose rates or charges are affected, or by reason of any proceeding resulting from such appeal until a suspending bond payable to the Commonwealth has been executed and filed with the Commission with such conditions, in such penalty, and with such surety thereon as the Commission, subject to review by the Supreme Court, may deem sufficient. In any appeal from action of the Commission prescribing or affecting the rates or charges of a public utility, such bond, or if no bond is required, the order of the Supreme Court, shall expressly provide for the prompt refunding to the parties entitled thereto of all charges which may have been collected or received, pending the appeal, in excess of those fixed, or authorized by the final decision on appeal, with interest from the date of the collection thereof. But no bond shall be required of the Commonwealth. Any bond required under this section shall be enforced in the name of the Commonwealth before the Commission or before any court having jurisdiction, and the process and proceedings thereon shall be as provided by law upon bonds of like character required to be taken by courts of record of this State.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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.; conformance with chapter","url":"\/56-235\/","token":"56\/10\/2\/56-235","metadata":false},{"id":85095,"structure_id":14465,"section_number":"56-235.1","catch_line":"Conservation of energy and capital resources","url":"\/56-235.1\/","token":"56\/10\/2\/56-235.1","metadata":false},{"id":57116,"structure_id":14465,"section_number":"56-235.10","catch_line":"Recovery of eligible safety activity costs; administration; procedure","url":"\/56-235.10\/","token":"56\/10\/2\/56-235.10","metadata":false},{"id":68057,"structure_id":14465,"section_number":"56-235.11","catch_line":"Retail rates of affiliated water utilities","url":"\/56-235.11\/","token":"56\/10\/2\/56-235.11","metadata":false},{"id":69890,"structure_id":14465,"section_number":"56-235.12","catch_line":"Economic development programs","url":"\/56-235.12\/","token":"56\/10\/2\/56-235.12","metadata":false},{"id":80899,"structure_id":14465,"section_number":"56-235.1:1","catch_line":"Rates for stand-by electric service at renewable cogeneration facilities","url":"\/56-235.1_1\/","token":"56\/10\/2\/56-235.1_1","metadata":false},{"id":80993,"structure_id":14465,"section_number":"56-235.1:2","catch_line":"Costs of using small, women-owned, or minority-owned businesses","url":"\/56-235.1_2\/","token":"56\/10\/2\/56-235.1_2","metadata":false},{"id":62621,"structure_id":14465,"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","url":"\/56-235.2\/","token":"56\/10\/2\/56-235.2","metadata":false},{"id":66652,"structure_id":14465,"section_number":"56-235.3","catch_line":"Procedures for investigation of rate applications","url":"\/56-235.3\/","token":"56\/10\/2\/56-235.3","metadata":false},{"id":63163,"structure_id":14465,"section_number":"56-235.4","catch_line":"Prohibition of multiple rate increases within any twelve-month period; exception","url":"\/56-235.4\/","token":"56\/10\/2\/56-235.4","metadata":false},{"id":55844,"structure_id":14465,"section_number":"56-235.5","catch_line":"Telephone regulatory alternatives","url":"\/56-235.5\/","token":"56\/10\/2\/56-235.5","metadata":false},{"id":87078,"structure_id":14465,"section_number":"56-235.5:1","catch_line":"Local exchange telephone service competition policy","url":"\/56-235.5_1\/","token":"56\/10\/2\/56-235.5_1","metadata":false},{"id":71641,"structure_id":14465,"section_number":"56-235.6","catch_line":"Optional performance-based regulation of certain utilities","url":"\/56-235.6\/","token":"56\/10\/2\/56-235.6","metadata":false},{"id":77670,"structure_id":14465,"section_number":"56-235.7","catch_line":"Jurisdiction of Commission when federal governmental facility ceases to be retail customer of electric utility","url":"\/56-235.7\/","token":"56\/10\/2\/56-235.7","metadata":false},{"id":78685,"structure_id":14465,"section_number":"56-235.8","catch_line":"Retail supply choice for natural gas customers","url":"\/56-235.8\/","token":"56\/10\/2\/56-235.8","metadata":false},{"id":62516,"structure_id":14465,"section_number":"56-235.9","catch_line":"Recovery of funds used for capital projects prior to a rate case for strategic natural gas facilities","url":"\/56-235.9\/","token":"56\/10\/2\/56-235.9","metadata":false},{"id":59697,"structure_id":14465,"section_number":"56-236","catch_line":"Public utilities required to file schedules of rates and charges; rules and regulations; when detariffing of telephone services to be permitted","url":"\/56-236\/","token":"56\/10\/2\/56-236","metadata":false},{"id":85571,"structure_id":14465,"section_number":"56-236.1","catch_line":"Rates to be charged churches","url":"\/56-236.1\/","token":"56\/10\/2\/56-236.1","metadata":false},{"id":74562,"structure_id":14465,"section_number":"56-236.2","catch_line":"Suspension of service to sewerage system","url":"\/56-236.2\/","token":"56\/10\/2\/56-236.2","metadata":false},{"id":57569,"structure_id":14465,"section_number":"56-237","catch_line":"How changes in rates effected; notice required; changes to be indicated on schedules","url":"\/56-237\/","token":"56\/10\/2\/56-237","metadata":false},{"id":64233,"structure_id":14465,"section_number":"56-237.1","catch_line":"Notification of intent to seek rate change in schedules required to be filed under \u00a7 56-236","url":"\/56-237.1\/","token":"56\/10\/2\/56-237.1","metadata":false},{"id":67487,"structure_id":14465,"section_number":"56-237.2","catch_line":"Public hearings on protests or objections to rate changes","url":"\/56-237.2\/","token":"56\/10\/2\/56-237.2","metadata":false},{"id":80068,"structure_id":14465,"section_number":"56-238","catch_line":"Suspension of proposed rates, etc.; investigation; effectiveness of rates pending investigation and subject to bond; fixing reasonable rates, etc","url":"\/56-238\/","token":"56\/10\/2\/56-238","metadata":false},{"id":78378,"structure_id":14465,"section_number":"56-239","catch_line":"Appeal from action of Commission","url":"\/56-239\/","token":"56\/10\/2\/56-239","metadata":false},{"id":64527,"structure_id":14465,"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","url":"\/56-240\/","token":"56\/10\/2\/56-240","metadata":false},{"id":57241,"structure_id":14465,"section_number":"56-241","catch_line":"Rates of telephone companies","url":"\/56-241\/","token":"56\/10\/2\/56-241","metadata":false},{"id":83712,"structure_id":14465,"section_number":"56-241.1","catch_line":"Flat and measured telephone rates; certain rates prohibited","url":"\/56-241.1\/","token":"56\/10\/2\/56-241.1","metadata":false},{"id":74999,"structure_id":14465,"section_number":"56-241.2","catch_line":"Approval of rates for resale of telephone service","url":"\/56-241.2\/","token":"56\/10\/2\/56-241.2","metadata":false},{"id":72101,"structure_id":14465,"section_number":"56-242","catch_line":"Temporary reduction of rates","url":"\/56-242\/","token":"56\/10\/2\/56-242","metadata":false},{"id":79154,"structure_id":14465,"section_number":"56-243","catch_line":"Duration of such temporary reduction","url":"\/56-243\/","token":"56\/10\/2\/56-243","metadata":false},{"id":84025,"structure_id":14465,"section_number":"56-244","catch_line":"Increase to make up for losses due to excessive temporary reduction","url":"\/56-244\/","token":"56\/10\/2\/56-244","metadata":false},{"id":67793,"structure_id":14465,"section_number":"56-245","catch_line":"Temporary increase in rates","url":"\/56-245\/","token":"56\/10\/2\/56-245","metadata":false},{"id":75868,"structure_id":14465,"section_number":"56-245.1","catch_line":"Meters to be kept in good working condition; defective meters","url":"\/56-245.1\/","token":"56\/10\/2\/56-245.1","metadata":false},{"id":80955,"structure_id":14465,"section_number":"56-245.1:1","catch_line":"Customers to be notified about nuclear emergency evacuation plans","url":"\/56-245.1_1\/","token":"56\/10\/2\/56-245.1_1","metadata":false},{"id":61620,"structure_id":14465,"section_number":"56-245.1:2","catch_line":"Customers to be notified of renewable power options","url":"\/56-245.1_2\/","token":"56\/10\/2\/56-245.1_2","metadata":false},{"id":70183,"structure_id":14465,"section_number":"56-245.1:3","catch_line":"Disconnection suspension for utilities","url":"\/56-245.1_3\/","token":"56\/10\/2\/56-245.1_3","metadata":false},{"id":86241,"structure_id":14465,"section_number":"56-245.1:4","catch_line":"Notice procedures for nonpayment; disconnecting utility service","url":"\/56-245.1_4\/","token":"56\/10\/2\/56-245.1_4","metadata":false}],"previous_section":{"id":80068,"structure_id":14465,"section_number":"56-238","catch_line":"Suspension of proposed rates, etc.; investigation; effectiveness of rates pending investigation and subject to bond; fixing reasonable rates, etc","url":"\/56-238\/","token":"56\/10\/2\/56-238","metadata":false},"next_section":{"id":64527,"structure_id":14465,"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","url":"\/56-240\/","token":"56\/10\/2\/56-240","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-239\/","history_text":false,"references":[{"id":59777,"section_number":"56-265.13:7","catch_line":"Regulation by State Corporation Commission","order_by":null,"url":"\/56-265.13_7\/"}],"refers_to":false,"permalink":{"id":248873,"object_type":"law","relational_id":78378,"identifier":"56-239","token":"56\/10\/2\/56-239","url":"\/56-239\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-239\/","token":"56\/10\/2\/56-239","dublin_core":{"Title":"Appeal from action of Commission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-239","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The public utility whose <span class=\"dictionary\">schedules<\/span> shall have been so filed or the Commonwealth or other <span class=\"dictionary\">party in interest<\/span> or party aggrieved may <span class=\"dictionary\">appeal<\/span> to the Supreme <span class=\"dictionary\">Court<\/span> from such decision or <span class=\"dictionary\">order<\/span> as the <span class=\"dictionary\">Commission<\/span> may finally enter. Upon the granting of such <span class=\"dictionary\">appeal<\/span> the Supreme <span class=\"dictionary\">Court<\/span> may award or refuse a <span class=\"dictionary\">writ<\/span> of supersedeas, and, if a <span class=\"dictionary\">writ<\/span> of supersedeas be awarded, it may suspend the operation of the action appealed from in whole or in part. Alternatively, the Supreme <span class=\"dictionary\">Court<\/span> in its discretion may authorize putting into effect the schedule of <span class=\"dictionary\">rates<\/span> so filed and suspended by the <span class=\"dictionary\">Commission<\/span> or the schedule of <span class=\"dictionary\">rates<\/span> existing at the time of the filing of the schedule upon which the investigation and <span class=\"dictionary\">hearing<\/span> have been had, or require the inauguration of the schedule of <span class=\"dictionary\">rates<\/span> as ordered by the <span class=\"dictionary\">Commission<\/span>, until the final <span class=\"dictionary\">disposition<\/span> of the <span class=\"dictionary\">appeal<\/span>. But, prior to the final reversal of the <span class=\"dictionary\">order<\/span> appealed from by the Supreme <span class=\"dictionary\">Court<\/span>, no action of the <span class=\"dictionary\">Commission<\/span> prescribing or affecting <span class=\"dictionary\">rates<\/span> or charges shall be delayed, or suspended in its operation, by reason of any <span class=\"dictionary\">appeal<\/span> by the party whose <span class=\"dictionary\">rates<\/span> or charges are affected, or by reason of any proceeding resulting from such <span class=\"dictionary\">appeal<\/span> until a suspending <span class=\"dictionary\">bond<\/span> payable to the Commonwealth has been executed and filed with the <span class=\"dictionary\">Commission<\/span> with such conditions, in such <span class=\"dictionary\">penalty<\/span>, and with such <span class=\"dictionary\">surety<\/span> thereon as the <span class=\"dictionary\">Commission<\/span>, subject to review by the Supreme <span class=\"dictionary\">Court<\/span>, may deem sufficient. In any <span class=\"dictionary\">appeal<\/span> from action of the <span class=\"dictionary\">Commission<\/span> prescribing or affecting the <span class=\"dictionary\">rates<\/span> or charges of a public utility, such <span class=\"dictionary\">bond<\/span>, or if no <span class=\"dictionary\">bond<\/span> is required, the <span class=\"dictionary\">order<\/span> of the Supreme <span class=\"dictionary\">Court<\/span>, shall expressly provide for the prompt refunding to the parties entitled thereto of all charges which may have been collected or received, pending the <span class=\"dictionary\">appeal<\/span>, in excess of those fixed, or authorized by the final decision on <span class=\"dictionary\">appeal<\/span>, with interest from the date of the collection thereof. But no <span class=\"dictionary\">bond<\/span> shall be required of the Commonwealth. Any <span class=\"dictionary\">bond<\/span> required under this section shall be enforced in the name of the Commonwealth before the <span class=\"dictionary\">Commission<\/span> or before any <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span>, and the process and proceedings thereon shall be as provided by <span class=\"dictionary\">law<\/span> upon <span class=\"dictionary\">bonds<\/span> of like character required to be taken by <span class=\"dictionary\">courts<\/span> of record of this State.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAPPEAL FROM ACTION OF COMMISSION (\u00a7 56-239)\n\nThe public utility whose schedules shall have been so filed or the Commonwealth\nor other party in interest or party aggrieved may appeal to the Supreme Court\nfrom such decision or order as the Commission may finally enter. Upon the\ngranting of such appeal the Supreme Court may award or refuse a writ of\nsupersedeas, and, if a writ of supersedeas be awarded, it may suspend the\noperation of the action appealed from in whole or in part. Alternatively, the\nSupreme Court in its discretion may authorize putting into effect the schedule\nof rates so filed and suspended by the Commission or the schedule of rates\nexisting at the time of the filing of the schedule upon which the investigation\nand hearing have been had, or require the inauguration of the schedule of rates\nas ordered by the Commission, until the final disposition of the appeal. But,\nprior to the final reversal of the order appealed from by the Supreme Court, no\naction of the Commission prescribing or affecting rates or charges shall be\ndelayed, or suspended in its operation, by reason of any appeal by the party\nwhose rates or charges are affected, or by reason of any proceeding resulting\nfrom such appeal until a suspending bond payable to the Commonwealth has been\nexecuted and filed with the Commission with such conditions, in such penalty,\nand with such surety thereon as the Commission, subject to review by the Supreme\nCourt, may deem sufficient. In any appeal from action of the Commission\nprescribing or affecting the rates or charges of a public utility, such bond, or\nif no bond is required, the order of the Supreme Court, shall expressly provide\nfor the prompt refunding to the parties entitled thereto of all charges which\nmay have been collected or received, pending the appeal, in excess of those\nfixed, or authorized by the final decision on appeal, with interest from the\ndate of the collection thereof. But no bond shall be required of the\nCommonwealth. Any bond required under this section shall be enforced in the name\nof the Commonwealth before the Commission or before any court having\njurisdiction, and the process and proceedings thereon shall be as provided by\nlaw upon bonds of like character required to be taken by courts of record of\nthis State.\n\nHISTORY: Code 1919, \u00a7 4066; 1918, p. 674; 1924, p. 539; 1927, p. 124; 1971, Ex.\nSess., c. 31.","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}}