{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-265.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-265.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-265.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-265.2.html"}],"law_id":75556,"edition_id":1,"section_id":75556,"structure_id":14176,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","history":"1950, p. 599; 1985, c. 282; 1995, cc. 311, 514; 1998, c. 92; 2012, cc. 54, 284; 2017, c. 728.","full_text":"A\n\n1. Subject to the provisions of subdivision 2, it shall be unlawful for any public utility to construct, enlarge or acquire, by lease or otherwise, any facilities for use in public utility service, except ordinary extensions or improvements in the usual course of business, without first having obtained a certificate from the Commission that the public convenience and necessity require the exercise of such right or privilege. Any certificate required by this section shall be issued by the Commission only after opportunity for a hearing and after due notice to interested parties. The certificate for overhead electrical transmission lines of 138 kilovolts or more shall be issued by the Commission only after compliance with the provisions of \u00a7 56-46.1.2\n\nFor construction of any transmission line of 138 kilovolts and associated facilities, a public utility shall either (i) obtain a certificate pursuant to subdivision 1 or (ii) obtain approval pursuant to the requirements of (a) § 15.2-2232 and (b) any applicable local zoning ordinances by the locality or localities in which the transmission line will be located. Issuance by the Commission of a certificate pursuant to subdivision 1 approving construction of a 138 kilovolt transmission line and any associated facilities shall be deemed to satisfy the requirements of § 15.2-2232 and all local zoning ordinances with respect to the transmission line and its associated facilities. For purposes of this subdivision, “associated facilities” include any station, substation, transition station, and switchyard facilities to be constructed outside of any county operating under the county executive form of government that is located in Planning District 8 in association with a 138 kilovolt transmission line.B\n\nIn exercising its authority under this section, the Commission, notwithstanding the provisions of § 56-265.4, may permit the construction and operation of electrical generating facilities, which shall not be included in the rate base of any regulated utility whose rates are established pursuant to Chapter 10 (§ 56-232 et seq.), upon a finding that such generating facility and associated facilities including transmission lines and equipment (i) will have no material adverse effect upon the rates paid by customers of any regulated public utility in the Commonwealth; (ii) will have no material adverse effect upon reliability of electric service provided by any such regulated public utility; and (iii) are not otherwise contrary to the public interest. In review of its petition for a certificate to construct and operate a generating facility described in this subsection, the Commission shall give consideration to the effect of the facility and associated facilities, including transmission lines and equipment, on the environment and establish such conditions as may be desirable or necessary to minimize adverse environmental impact as provided in § 56-46.1. Facilities authorized by a certificate issued pursuant to this subsection may be exempted by the Commission from the provisions of Chapter 10 (§ 56-232 et seq.).C\n\nA map showing the location of any proposed ordinary extension or improvement outside of the territory in which the public utility is lawfully authorized to operate shall be filed with the Commission, and prior notice of such ordinary extension shall be given to the public utility or other entity authorized to provide the same utility service within said territory. Ordinary extensions outside the service territory of a public utility shall be undertaken only for use in providing its public utility service and shall be constructed and operated so as not to interfere with the service or facilities of any public utility or other entity authorized to provide utility service within any other territory. If, upon objection of the affected utility or entity filed within 30 days of the aforesaid notice and after investigation and opportunity for a hearing the Commission finds an ordinary extension would not comply with this section, it may alter or amend the plan for such activity or prohibit its construction.D\n\nWhenever a certificate is required under this section for a pipeline for the transmission or distribution of natural or manufactured gas, the Commission may issue such a certificate only after compliance with the provisions of § 56-265.2:1. As used in this section and § 56-265.2:1, “pipeline for the transmission or distribution of manufactured or natural gas” shall include the pipeline and any related facilities incidental or necessary to the operation of the pipeline.E\n\nThis section shall be subject to the requirements of § 56-265.3, if any, and nothing herein shall be construed to supersede § 56-265.3.","order_by":null,"text":{"0":{"id":271428,"text":"1. Subject to the provisions of subdivision 2, it shall be unlawful for any public utility to construct, enlarge or acquire, by lease or otherwise, any facilities for use in public utility service, except ordinary extensions or improvements in the usual course of business, without first having obtained a certificate from the Commission that the public convenience and necessity require the exercise of such right or privilege. Any certificate required by this section shall be issued by the Commission only after opportunity for a hearing and after due notice to interested parties. The certificate for overhead electrical transmission lines of 138 kilovolts or more shall be issued by the Commission only after compliance with the provisions of \u00a7 56-46.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":271429,"text":"For construction of any transmission line of 138 kilovolts and associated facilities, a public utility shall either (i) obtain a certificate pursuant to subdivision 1 or (ii) obtain approval pursuant to the requirements of (a) § 15.2-2232 and (b) any applicable local zoning ordinances by the locality or localities in which the transmission line will be located. Issuance by the Commission of a certificate pursuant to subdivision 1 approving construction of a 138 kilovolt transmission line and any associated facilities shall be deemed to satisfy the requirements of § 15.2-2232 and all local zoning ordinances with respect to the transmission line and its associated facilities. For purposes of this subdivision, “associated facilities” include any station, substation, transition station, and switchyard facilities to be constructed outside of any county operating under the county executive form of government that is located in Planning District 8 in association with a 138 kilovolt transmission line.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":271430,"text":"In exercising its authority under this section, the Commission, notwithstanding the provisions of § 56-265.4, may permit the construction and operation of electrical generating facilities, which shall not be included in the rate base of any regulated utility whose rates are established pursuant to Chapter 10 (§ 56-232 et seq.), upon a finding that such generating facility and associated facilities including transmission lines and equipment (i) will have no material adverse effect upon the rates paid by customers of any regulated public utility in the Commonwealth; (ii) will have no material adverse effect upon reliability of electric service provided by any such regulated public utility; and (iii) are not otherwise contrary to the public interest. In review of its petition for a certificate to construct and operate a generating facility described in this subsection, the Commission shall give consideration to the effect of the facility and associated facilities, including transmission lines and equipment, on the environment and establish such conditions as may be desirable or necessary to minimize adverse environmental impact as provided in § 56-46.1. Facilities authorized by a certificate issued pursuant to this subsection may be exempted by the Commission from the provisions of Chapter 10 (§ 56-232 et seq.).","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":271431,"text":"A map showing the location of any proposed ordinary extension or improvement outside of the territory in which the public utility is lawfully authorized to operate shall be filed with the Commission, and prior notice of such ordinary extension shall be given to the public utility or other entity authorized to provide the same utility service within said territory. Ordinary extensions outside the service territory of a public utility shall be undertaken only for use in providing its public utility service and shall be constructed and operated so as not to interfere with the service or facilities of any public utility or other entity authorized to provide utility service within any other territory. If, upon objection of the affected utility or entity filed within 30 days of the aforesaid notice and after investigation and opportunity for a hearing the Commission finds an ordinary extension would not comply with this section, it may alter or amend the plan for such activity or prohibit its construction.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":271432,"text":"Whenever a certificate is required under this section for a pipeline for the transmission or distribution of natural or manufactured gas, the Commission may issue such a certificate only after compliance with the provisions of § 56-265.2:1. As used in this section and § 56-265.2:1, “pipeline for the transmission or distribution of manufactured or natural gas” shall include the pipeline and any related facilities incidental or necessary to the operation of the pipeline.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":271433,"text":"This section shall be subject to the requirements of § 56-265.3, if any, and nothing herein shall be construed to supersede § 56-265.3.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":14176,"edition_id":1,"name":"Utility Facilities Act","identifier":"10.1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:47:08","date_modified":"2026-06-26 03:47:08","permalink":{"id":249127,"object_type":"structure","relational_id":14176,"identifier":"10.1","token":"56\/10.1","url":"\/56\/10.1\/","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":85772,"structure_id":14176,"section_number":"56-265.1","catch_line":"Definitions","url":"\/56-265.1\/","token":"56\/10.1\/56-265.1","metadata":false},{"id":75556,"structure_id":14176,"section_number":"56-265.2","catch_line":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","url":"\/56-265.2\/","token":"56\/10.1\/56-265.2","metadata":false},{"id":78990,"structure_id":14176,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","url":"\/56-265.2_1\/","token":"56\/10.1\/56-265.2_1","metadata":false},{"id":60647,"structure_id":14176,"section_number":"56-265.3","catch_line":"Certificate to furnish public utility service; allotment of territory transfers, leases or amendments","url":"\/56-265.3\/","token":"56\/10.1\/56-265.3","metadata":false},{"id":78937,"structure_id":14176,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","url":"\/56-265.3_1\/","token":"56\/10.1\/56-265.3_1","metadata":false},{"id":64018,"structure_id":14176,"section_number":"56-265.4","catch_line":"Certificate to operate in territory of another certificate holder","url":"\/56-265.4\/","token":"56\/10.1\/56-265.4","metadata":false},{"id":59749,"structure_id":14176,"section_number":"56-265.4:1","catch_line":"Furnishing of electric public utility service or provision of facilities therefor by municipal corporations and other governmental bodies","url":"\/56-265.4_1\/","token":"56\/10.1\/56-265.4_1","metadata":false},{"id":82310,"structure_id":14176,"section_number":"56-265.4:2","catch_line":"Extension of service by cities and towns into annexed areas","url":"\/56-265.4_2\/","token":"56\/10.1\/56-265.4_2","metadata":false},{"id":55913,"structure_id":14176,"section_number":"56-265.4:3","catch_line":"Repealed","url":"\/56-265.4_3\/","token":"56\/10.1\/56-265.4_3","metadata":false},{"id":55350,"structure_id":14176,"section_number":"56-265.4:4","catch_line":"Certificate to operate as a telephone utility","url":"\/56-265.4_4\/","token":"56\/10.1\/56-265.4_4","metadata":false},{"id":59368,"structure_id":14176,"section_number":"56-265.4:5","catch_line":"Furnishing gas service to commercial and industrial customers in an area not certificated for public utility gas service","url":"\/56-265.4_5\/","token":"56\/10.1\/56-265.4_5","metadata":false},{"id":57183,"structure_id":14176,"section_number":"56-265.4:6","catch_line":"Furnishing non-utility gas service","url":"\/56-265.4_6\/","token":"56\/10.1\/56-265.4_6","metadata":false},{"id":64154,"structure_id":14176,"section_number":"56-265.4:7","catch_line":"Discontinuing natural gas service; municipal corporation","url":"\/56-265.4_7\/","token":"56\/10.1\/56-265.4_7","metadata":false},{"id":70671,"structure_id":14176,"section_number":"56-265.5","catch_line":"Effective date of certificates","url":"\/56-265.5\/","token":"56\/10.1\/56-265.5","metadata":false},{"id":75195,"structure_id":14176,"section_number":"56-265.6","catch_line":"Penalties for misrepresentations, violations of law, regulations or terms of certificates","url":"\/56-265.6\/","token":"56\/10.1\/56-265.6","metadata":false},{"id":65727,"structure_id":14176,"section_number":"56-265.7","catch_line":"Appeal from order of revocations, etc","url":"\/56-265.7\/","token":"56\/10.1\/56-265.7","metadata":false},{"id":85864,"structure_id":14176,"section_number":"56-265.8","catch_line":"Proceedings before Commission on or before July 1, 1950","url":"\/56-265.8\/","token":"56\/10.1\/56-265.8","metadata":false},{"id":59710,"structure_id":14176,"section_number":"56-265.8:1","catch_line":"Inspection and approval of certain installations not regulated pursuant to this chapter","url":"\/56-265.8_1\/","token":"56\/10.1\/56-265.8_1","metadata":false},{"id":56468,"structure_id":14176,"section_number":"56-265.9","catch_line":"Title of chapter","url":"\/56-265.9\/","token":"56\/10.1\/56-265.9","metadata":false}],"previous_section":{"id":85772,"structure_id":14176,"section_number":"56-265.1","catch_line":"Definitions","url":"\/56-265.1\/","token":"56\/10.1\/56-265.1","metadata":false},"next_section":{"id":78990,"structure_id":14176,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","url":"\/56-265.2_1\/","token":"56\/10.1\/56-265.2_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-265.2\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1985, chapter 282; in 1995, chapters 311<\/a> and 514<\/a>; in 1998, chapter 92<\/a>; in 2012, chapters 54<\/a> and 284<\/a>; in 2017, chapter 728<\/a>.<\/p>","references":[{"id":84424,"section_number":"15.2-5406","catch_line":"Rights, powers and duties of authority","order_by":null,"url":"\/15.2-5406\/"},{"id":79586,"section_number":"56-259","catch_line":" Rights-of-way, etc., may be contracted for; location of easements of public service corporations","order_by":null,"url":"\/56-259\/"},{"id":78990,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","order_by":null,"url":"\/56-265.2_1\/"},{"id":78937,"section_number":"56-265.3:1","catch_line":"Certificates to furnish water and sewer service","order_by":null,"url":"\/56-265.3_1\/"},{"id":71170,"section_number":"56-46.1","catch_line":"Commission to consider environmental, economic, and improvements in service reliability factors in approving construction of electrical utility facilities; approval required for construction of certain electrical transmission lines; notice and hearings","order_by":null,"url":"\/56-46.1\/"},{"id":66769,"section_number":"56-578","catch_line":"Nondiscriminatory access to transmission and distribution system","order_by":null,"url":"\/56-578\/"},{"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":86211,"section_number":"56-585.1:10","catch_line":"Program for electric infrastructure serving business parks","order_by":null,"url":"\/56-585.1_10\/"},{"id":64181,"section_number":"62.1-44.15:21","catch_line":" Impacts to wetlands","order_by":null,"url":"\/62.1-44.15_21\/"}],"refers_to":[{"id":74569,"section_number":"15.2-2232","catch_line":"Legal status of plan","order_by":null,"url":"\/15.2-2232\/"},{"id":75233,"section_number":"56-232","catch_line":"Public utility and schedules defined","order_by":null,"url":"\/56-232\/"},{"id":78990,"section_number":"56-265.2:1","catch_line":"Approval by Commission required for construction of certain gas pipelines and related facilities; notice and hearing","order_by":null,"url":"\/56-265.2_1\/"},{"id":60647,"section_number":"56-265.3","catch_line":"Certificate to furnish public utility service; allotment of territory transfers, leases or amendments","order_by":null,"url":"\/56-265.3\/"},{"id":64018,"section_number":"56-265.4","catch_line":"Certificate to operate in territory of another certificate holder","order_by":null,"url":"\/56-265.4\/"},{"id":71170,"section_number":"56-46.1","catch_line":"Commission to consider environmental, economic, and improvements in service reliability factors in approving construction of electrical utility facilities; approval required for construction of certain electrical transmission lines; notice and hearings","order_by":null,"url":"\/56-46.1\/"}],"permalink":{"id":249133,"object_type":"law","relational_id":75556,"identifier":"56-265.2","token":"56\/10.1\/56-265.2","url":"\/56-265.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-265.2\/","token":"56\/10.1\/56-265.2","dublin_core":{"Title":"Certificate of convenience and necessity required for acquisition, etc., of new facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-265.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. Subject to the provisions of subdivision 2, it shall be unlawful for any public utility<\/span> to construct, enlarge or acquire, by lease or otherwise, any facilities for use in public utility<\/span> service, except ordinary extensions or improvements in the usual course of business, without first having obtained a certificate from the Commission<\/span> that the public convenience and necessity require the exercise of such right or privilege<\/span>. Any certificate required by this section shall be issued by the Commission<\/span> only after opportunity for a hearing<\/span> and after due notice to interested parties. The certificate for overhead electrical transmission lines of 138 kilovolts or more shall be issued by the Commission<\/span> only after compliance with the provisions of \u00a7 56-46.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For construction of any transmission line of 138 kilovolts and associated facilities, a public utility<\/span> shall either (i) obtain a certificate pursuant to subdivision 1 or (ii) obtain approval pursuant to the requirements of (a) § 15.2-2232<\/a> and (b) any applicable local zoning ordinances<\/span> by the locality or localities in which the transmission line will be located. Issuance by the Commission<\/span> of a certificate pursuant to subdivision 1 approving construction of a 138 kilovolt transmission line and any associated facilities shall be deemed to satisfy the requirements of § 15.2-2232<\/a> and all local zoning ordinances<\/span> with respect to the transmission line and its associated facilities. For purposes of this subdivision, “associated facilities” include any station, substation, transition station, and switchyard facilities to be constructed outside of any county operating under the county executive form of government that is located in Planning District 8 in association with a 138 kilovolt transmission line. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In exercising its authority under this section, the Commission<\/span>, notwithstanding the provisions of § 56-265.4<\/a>, may permit the construction and operation of electrical generating facilities, which shall not be included in the rate<\/span> base of any regulated utility whose rates<\/span> are established pursuant to Chapter 10 (§ 56-232<\/a> et seq.), upon a finding<\/span> that such generating facility and associated facilities including transmission lines and equipment (i) will have no material<\/span> adverse effect upon the rates<\/span> paid by customers of any regulated public utility<\/span> in the Commonwealth; (ii) will have no material<\/span> adverse effect upon reliability of electric service provided by any such regulated public utility<\/span>; and (iii) are not otherwise contrary to the public interest. In review of its petition<\/span> for a certificate to construct and operate a generating facility described in this subsection, the Commission<\/span> shall give consideration to the effect of the facility and associated facilities, including transmission lines and equipment, on the environment and establish such conditions as may be desirable or necessary to minimize adverse environmental impact as provided in § 56-46.1<\/a>. Facilities authorized by a certificate issued pursuant to this subsection may be exempted by the Commission<\/span> from the provisions of Chapter 10 (§ 56-232<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A map showing the location of any proposed ordinary extension or improvement outside of the territory in which the public utility<\/span> is lawfully authorized to operate shall be filed with the Commission<\/span>, and prior notice of such ordinary extension shall be given to the public utility<\/span> or other entity authorized to provide the same utility service within said territory. Ordinary extensions outside the service territory of a public utility<\/span> shall be undertaken only for use in providing its public utility<\/span> service and shall be constructed and operated so as not to interfere with the service or facilities of any public utility<\/span> or other entity authorized to provide utility service within any other territory. If, upon objection of the affected utility or entity filed within 30 days of the aforesaid notice and after investigation and opportunity for a hearing<\/span> the Commission<\/span> finds an ordinary extension would not comply with this section, it may alter or amend<\/span> the plan for such activity or prohibit its construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Whenever a certificate is required under this section for a pipeline for the transmission or distribution of natural or manufactured gas, the Commission<\/span> may issue<\/span> such a certificate only after compliance with the provisions of § 56-265.2:1<\/a>. As used in this section and § 56-265.2:1<\/a>, “pipeline for the transmission or distribution of manufactured or natural gas<\/span>” shall include the pipeline and any related facilities incidental or necessary to the operation of the pipeline. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall be subject to the requirements of § 56-265.3<\/a>, if any, and nothing herein shall be construed to supersede § 56-265.3<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTIFICATE OF CONVENIENCE AND NECESSITY REQUIRED FOR ACQUISITION, ETC., OF NEW\nFACILITIES (\u00a7 56-265.2)\n\nA. 1. Subject to the provisions of subdivision 2, it shall be unlawful for any\npublic utility to construct, enlarge or acquire, by lease or otherwise, any\nfacilities for use in public utility service, except ordinary extensions or\nimprovements in the usual course of business, without first having obtained a\ncertificate from the Commission that the public convenience and necessity\nrequire the exercise of such right or privilege. Any certificate required by\nthis section shall be issued by the Commission only after opportunity for a\nhearing and after due notice to interested parties. The certificate for overhead\nelectrical transmission lines of 138 kilovolts or more shall be issued by the\nCommission only after compliance with the provisions of \u00a7 56-46.1.\n\n 2. For construction of any transmission line of 138 kilovolts and associated\n facilities, a public utility shall either (i) obtain a certificate pursuant to\n subdivision 1 or (ii) obtain approval pursuant to the requirements of (a)\n § 15.2-2232 and (b) any applicable local zoning ordinances by the\n locality or localities in which the transmission line will be located.\n Issuance by the Commission of a certificate pursuant to subdivision 1\n approving construction of a 138 kilovolt transmission line and any associated\n facilities shall be deemed to satisfy the requirements of § 15.2-2232 and\n all local zoning ordinances with respect to the transmission line and its\n associated facilities. For purposes of this subdivision, “associated\n facilities” include any station, substation, transition station, and\n switchyard facilities to be constructed outside of any county operating under\n the county executive form of government that is located in Planning District 8\n in association with a 138 kilovolt transmission line.\n\nB. In exercising its authority under this section, the Commission,\nnotwithstanding the provisions of § 56-265.4, may permit the construction\nand operation of electrical generating facilities, which shall not be included\nin the rate base of any regulated utility whose rates are established pursuant\nto Chapter 10 (§ 56-232 et seq.), upon a finding that such generating\nfacility and associated facilities including transmission lines and equipment\n(i) will have no material adverse effect upon the rates paid by customers of any\nregulated public utility in the Commonwealth; (ii) will have no material adverse\neffect upon reliability of electric service provided by any such regulated\npublic utility; and (iii) are not otherwise contrary to the public interest. In\nreview of its petition for a certificate to construct and operate a generating\nfacility described in this subsection, the Commission shall give consideration\nto the effect of the facility and associated facilities, including transmission\nlines and equipment, on the environment and establish such conditions as may be\ndesirable or necessary to minimize adverse environmental impact as provided in\n§ 56-46.1. Facilities authorized by a certificate issued pursuant to this\nsubsection may be exempted by the Commission from the provisions of Chapter 10\n(§ 56-232 et seq.).\n\nC. A map showing the location of any proposed ordinary extension or improvement\noutside of the territory in which the public utility is lawfully authorized to\noperate shall be filed with the Commission, and prior notice of such ordinary\nextension shall be given to the public utility or other entity authorized to\nprovide the same utility service within said territory. Ordinary extensions\noutside the service territory of a public utility shall be undertaken only for\nuse in providing its public utility service and shall be constructed and\noperated so as not to interfere with the service or facilities of any public\nutility or other entity authorized to provide utility service within any other\nterritory. If, upon objection of the affected utility or entity filed within 30\ndays of the aforesaid notice and after investigation and opportunity for a\nhearing the Commission finds an ordinary extension would not comply with this\nsection, it may alter or amend the plan for such activity or prohibit its\nconstruction.\n\nD. Whenever a certificate is required under this section for a pipeline for the\ntransmission or distribution of natural or manufactured gas, the Commission may\nissue such a certificate only after compliance with the provisions of §\n56-265.2:1. As used in this section and § 56-265.2:1, “pipeline for\nthe transmission or distribution of manufactured or natural gas” shall\ninclude the pipeline and any related facilities incidental or necessary to the\noperation of the pipeline.\n\nE. This section shall be subject to the requirements of § 56-265.3, if any,\nand nothing herein shall be construed to supersede § 56-265.3.\n\nHISTORY: 1950, p. 599; 1985, c. 282; 1995, cc. 311, 514; 1998, c. 92; 2012, cc.\n54, 284; 2017, c. 728.","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}}