{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-46.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-46.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-46.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-46.1.html"}],"law_id":71170,"edition_id":1,"section_id":71170,"structure_id":15970,"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","history":"1972, c. 652; 1973, c. 307; 1974, c. 498; 1983, c. 438; 1984, cc. 287, 562; 1985, c. 282; 1991, cc. 90, 148; 1996, c. 254; 2001, c. 758; 2002, c. 483; 2007, cc. 756, 761, 776, 825; 2009, cc. 808, 854; 2011, cc. 236, 243; 2012, cc. 54, 284; 2016, cc. 192, 276; 2020, cc. 450, 958; 2021, Sp. Sess. I, c. 327; 2024, c. 830.","full_text":"A\n\nWhenever the Commission is required to approve the construction of any electrical utility facility, it shall give consideration to the effect of that facility on the environment and establish such conditions as may be desirable or necessary to minimize adverse environmental impact. In order to avoid duplication of governmental activities, any valid permit or approval required for an electric generating plant and associated facilities issued or granted by a federal, state, or local governmental entity charged by law with responsibility for issuing permits or approvals regulating environmental impact and mitigation of adverse environmental impact or for other specific public interest issues such as building codes, transportation plans, and public safety, whether such permit or approval is granted prior to or after the Commission’s decision, shall be deemed to satisfy the requirements of this section with respect to all matters that (i) are governed by the permit or approval or (ii) are within the authority of, and were considered by, the governmental entity in issuing such permit or approval, and the Commission shall impose no additional conditions with respect to such matters. Nothing in this section shall affect the ability of the Commission to keep the record of a case open. Nothing in this section shall affect any right to appeal such permits or approvals in accordance with applicable law. In the case of a proposed facility located in a region that was designated as of July 1, 2001, as serious nonattainment for the one-hour ozone standard as set forth in the federal Clean Air Act, the Commission shall not issue a decision approving such proposed facility that is conditioned upon issuance of any environmental permit or approval. In every proceeding under this subsection, the Commission shall receive and give consideration to all reports that relate to the proposed facility by state agencies concerned with environmental protection; and if requested by any county or municipality in which the facility is proposed to be built, to local comprehensive plans that have been adopted pursuant to Article 3 (§ 15.2-2223 et seq.) of Chapter 22 of Title 15.2. Additionally, the Commission (a) shall consider the effect of the proposed facility on economic development within the Commonwealth, including but not limited to furtherance of the economic and job creation objectives of the Commonwealth Clean Energy Policy set forth in § 45.2-1706.1, and (b) shall consider any improvements in service reliability that may result from the construction of such facility.B\n\nSubject to the provisions of subsection J, no electrical transmission line of 138 kilovolts or more shall be constructed unless the State Corporation Commission shall, after at least 30 days’ advance notice by (i) publication in a newspaper or newspapers of general circulation in the counties and municipalities through which the line is proposed to be built, (ii) written notice to the governing body of each such county and municipality, and (iii) causing to be sent a copy of the notice by first class mail to all owners of property within the route of the proposed line, as indicated on the map or sketch of the route filed with the Commission, which requirement shall be satisfied by mailing the notice to such persons at such addresses as are indicated in the land books maintained by the commissioner of revenue, director of finance or treasurer of the county or municipality, approve such line. Such notices shall include a written description of the proposed route the line is to follow, as well as a map or sketch of the route including a digital geographic information system (GIS) map provided by the public utility showing the location of the proposed route. The Commission shall make GIS maps provided under this subsection available to the public on the Commission’s website. Such notices shall be in addition to the advance notice to the chief administrative officer of the county or municipality required pursuant to § 15.2-2202.\n\t\t\tAs a condition to approval the Commission shall determine that the line is needed and that the corridor or route chosen for the line will avoid or reasonably minimize adverse impact to the greatest extent reasonably practicable on the scenic assets, historic and cultural resources recorded with the Department of Historic Resources, cultural resources identified by federally recognized Tribal Nations in the Commonwealth, and environment of the area concerned. To assist the Commission in this determination, as part of the application for Commission approval of the line, the applicant shall summarize its efforts to avoid or reasonably minimize adverse impact to the greatest extent reasonably practicable on the scenic assets, historic resources recorded with the Department of Historic Resources, and environment of the area concerned. In making the determinations about need, corridor or route, and method of installation, the Commission shall verify the applicant’s load flow modeling, contingency analyses, and reliability needs presented to justify the new line and its proposed method of installation. If the local comprehensive plan of an affected county or municipality designates corridors or routes for electric transmission lines and the line is proposed to be constructed outside such corridors or routes, in any hearing the county or municipality may provide adequate evidence that the existing planned corridors or routes designated in the plan can adequately serve the needs of the company. Additionally, the Commission shall consider, upon the request of the governing body of any county or municipality in which the line is proposed to be constructed, (a) the costs and economic benefits likely to result from requiring the underground placement of the line and (b) any potential impediments to timely construction of the line.C\n\nIf, prior to such approval, any interested party shall request a public hearing, the Commission shall, as soon as reasonably practicable after such request, hold such hearing or hearings at such place as may be designated by the Commission. In any hearing, the public service company shall provide adequate evidence that existing rights-of-way cannot adequately serve the needs of the company.\n\t\t\tIf, prior to such approval, written requests therefor are received from the governing body of any county or municipality through which the line is proposed to be built or from 20 or more interested parties, the Commission shall hold at least one hearing in the area that would be affected by construction of the line, for the purpose of receiving public comment on the proposal. If any hearing is to be held in the area affected, the Commission shall direct that a copy of the transcripts of any previous hearings held in the case be made available for public inspection at a convenient location in the area for a reasonable time before such local hearing.D\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“Environment” or “environmental” shall be deemed to include in meaning “historic,” as well as a consideration of the probable effects of the line on the health and safety of the persons in the area concerned.\n\t\t\t“Interested parties” includes the governing bodies of any counties or municipalities through which the line is proposed to be built and persons residing or owning property in each such county or municipality.\n\t\t\t“Public utility” means a public utility as defined in \u00a7 56-265.1.\n\t\t\t“Qualifying facilities” means a cogeneration or small power production facility that meets the criteria of 18 C.F.R. Part 292.\n\t\t\t“Reasonably accommodate requests to wheel or transmit power” means:1\n\nThat the applicant will make available to new electric generation facilities constructed after January 9, 1991, qualifying facilities and other nonutilities, a minimum of one-fourth of the total megawatts of the additional transmission capacity created by the proposed line, for the purpose of wheeling to public utility purchasers the power generated by such qualifying facilities and other nonutility facilities which are awarded a power purchase contract by a public utility purchaser in compliance with applicable state law or regulations governing bidding or capacity acquisition programs for the purchase of electric capacity from nonutility sources, provided that the obligation of the applicant will extend only to those requests for wheeling service made within the 12 months following certification by the State Corporation Commission of the transmission line and with effective dates for commencement of such service within the 12 months following completion of the transmission line; and2\n\nThat the wheeling service offered by the applicant, pursuant to subdivision 1, will reasonably further the purposes of the Public Utilities Regulatory Policies Act of 1978 (P. L. 95-617), as demonstrated by submitting to the Commission, with its application for approval of the line, the cost methodologies, terms, conditions, and dispatch and interconnection requirements the applicant intends, subject to any applicable requirements of the Federal Energy Regulatory Commission, to include in its agreements for such wheeling service.E\n\nIn the event that, at any time after the giving of the notice required in subsection B, it appears to the Commission that consideration of a route or routes significantly different from the route described in the notice is desirable, the Commission shall cause notice of the new route or routes to be published and mailed in accordance with subsection B. The Commission shall thereafter comply with the provisions of this section with respect to the new route or routes to the full extent necessary to give affected localities, federally recognized Tribal Nations in the Commonwealth, and interested parties in the newly affected areas the same protection afforded to affected localities and interested parties affected by the route described in the original notice.F\n\nApproval of a transmission line pursuant to this section shall be deemed to satisfy the requirements of § 15.2-2232 and local zoning ordinances with respect to such transmission line.G\n\nThe Commission shall enter into a memorandum of agreement with the Department of Environmental Quality regarding the coordination of their reviews of the environmental impact of electric generating plants and associated facilities. If the proposed plants or associated facilities are in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01, such consultation information shall be included in the memorandum of agreement.H\n\nAn applicant that is required to obtain (i) a certificate of public convenience and necessity from the Commission for any electric generating facility, electric transmission line, natural or manufactured gas transmission line as defined in 49 C.F.R. § 192.3, or natural or manufactured gas storage facility (hereafter, an energy facility) and (ii) an environmental permit for the energy facility that is subject to issuance by any agency or board within the Secretariat of Natural and Historic Resources, may request a pre-application planning and review process. In any such request to the Commission or the Secretariat of Natural and Historic Resources, the applicant shall identify the proposed energy facility for which it requests the pre-application planning and review process. The Commission, the Department of Environmental Quality, the Marine Resources Commission, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Conservation and Recreation, and other appropriate agencies of the Commonwealth shall participate in the pre-application planning and review process. Participation in such process shall not limit the authority otherwise provided by law to the Commission or other agencies or boards of the Commonwealth. The Commission and other participating agencies and boards of the Commonwealth may invite federal and local governmental entities charged by law with responsibility for issuing permits or approvals and potentially impacted federally recognized Tribal Nations in the Commonwealth to participate in the pre-application planning and review process. Through the pre-application planning and review process, the applicant, the Commission, participating agencies and boards of the Commonwealth, and potentially impacted federally recognized Tribal Nations in the Commonwealth shall identify the potential impacts and approvals that may be required and shall develop a plan that will provide for an efficient and coordinated review of the proposed energy facility. The plan shall include (a) a list of the permits or other approvals likely to be required based on the information available, (b) a specific plan and preliminary schedule for the different reviews, (c) a plan for coordinating those reviews and the related public comment process, and (d) designation of points of contact, either within each agency or for the Commonwealth as a whole, to facilitate this coordination. The plan shall be made readily available to the public and shall be maintained on a dedicated website to provide current information on the status of each component of the plan and each approval process including opportunities for public comment.I\n\nThe provisions of this section shall not apply to the construction and operation of a small renewable energy project, as defined in § 10.1-1197.5, by a utility regulated pursuant to this title for which the Department of Environmental Quality has issued a permit by rule pursuant to Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1.J\n\nApproval under this section shall not be required for any transmission line for which a certificate of public convenience and necessity is not required pursuant to subdivision A of § 56-265.2.","order_by":null,"text":{"0":{"id":256546,"text":"Whenever the Commission is required to approve the construction of any electrical utility facility, it shall give consideration to the effect of that facility on the environment and establish such conditions as may be desirable or necessary to minimize adverse environmental impact. In order to avoid duplication of governmental activities, any valid permit or approval required for an electric generating plant and associated facilities issued or granted by a federal, state, or local governmental entity charged by law with responsibility for issuing permits or approvals regulating environmental impact and mitigation of adverse environmental impact or for other specific public interest issues such as building codes, transportation plans, and public safety, whether such permit or approval is granted prior to or after the Commission’s decision, shall be deemed to satisfy the requirements of this section with respect to all matters that (i) are governed by the permit or approval or (ii) are within the authority of, and were considered by, the governmental entity in issuing such permit or approval, and the Commission shall impose no additional conditions with respect to such matters. Nothing in this section shall affect the ability of the Commission to keep the record of a case open. Nothing in this section shall affect any right to appeal such permits or approvals in accordance with applicable law. In the case of a proposed facility located in a region that was designated as of July 1, 2001, as serious nonattainment for the one-hour ozone standard as set forth in the federal Clean Air Act, the Commission shall not issue a decision approving such proposed facility that is conditioned upon issuance of any environmental permit or approval. In every proceeding under this subsection, the Commission shall receive and give consideration to all reports that relate to the proposed facility by state agencies concerned with environmental protection; and if requested by any county or municipality in which the facility is proposed to be built, to local comprehensive plans that have been adopted pursuant to Article 3 (§ 15.2-2223 et seq.) of Chapter 22 of Title 15.2. Additionally, the Commission (a) shall consider the effect of the proposed facility on economic development within the Commonwealth, including but not limited to furtherance of the economic and job creation objectives of the Commonwealth Clean Energy Policy set forth in § 45.2-1706.1, and (b) shall consider any improvements in service reliability that may result from the construction of such facility.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":256547,"text":"Subject to the provisions of subsection J, no electrical transmission line of 138 kilovolts or more shall be constructed unless the State Corporation Commission shall, after at least 30 days’ advance notice by (i) publication in a newspaper or newspapers of general circulation in the counties and municipalities through which the line is proposed to be built, (ii) written notice to the governing body of each such county and municipality, and (iii) causing to be sent a copy of the notice by first class mail to all owners of property within the route of the proposed line, as indicated on the map or sketch of the route filed with the Commission, which requirement shall be satisfied by mailing the notice to such persons at such addresses as are indicated in the land books maintained by the commissioner of revenue, director of finance or treasurer of the county or municipality, approve such line. Such notices shall include a written description of the proposed route the line is to follow, as well as a map or sketch of the route including a digital geographic information system (GIS) map provided by the public utility showing the location of the proposed route. The Commission shall make GIS maps provided under this subsection available to the public on the Commission’s website. Such notices shall be in addition to the advance notice to the chief administrative officer of the county or municipality required pursuant to § 15.2-2202.\n\t\t\tAs a condition to approval the Commission shall determine that the line is needed and that the corridor or route chosen for the line will avoid or reasonably minimize adverse impact to the greatest extent reasonably practicable on the scenic assets, historic and cultural resources recorded with the Department of Historic Resources, cultural resources identified by federally recognized Tribal Nations in the Commonwealth, and environment of the area concerned. To assist the Commission in this determination, as part of the application for Commission approval of the line, the applicant shall summarize its efforts to avoid or reasonably minimize adverse impact to the greatest extent reasonably practicable on the scenic assets, historic resources recorded with the Department of Historic Resources, and environment of the area concerned. In making the determinations about need, corridor or route, and method of installation, the Commission shall verify the applicant’s load flow modeling, contingency analyses, and reliability needs presented to justify the new line and its proposed method of installation. If the local comprehensive plan of an affected county or municipality designates corridors or routes for electric transmission lines and the line is proposed to be constructed outside such corridors or routes, in any hearing the county or municipality may provide adequate evidence that the existing planned corridors or routes designated in the plan can adequately serve the needs of the company. Additionally, the Commission shall consider, upon the request of the governing body of any county or municipality in which the line is proposed to be constructed, (a) the costs and economic benefits likely to result from requiring the underground placement of the line and (b) any potential impediments to timely construction of the line.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":256548,"text":"If, prior to such approval, any interested party shall request a public hearing, the Commission shall, as soon as reasonably practicable after such request, hold such hearing or hearings at such place as may be designated by the Commission. In any hearing, the public service company shall provide adequate evidence that existing rights-of-way cannot adequately serve the needs of the company.\n\t\t\tIf, prior to such approval, written requests therefor are received from the governing body of any county or municipality through which the line is proposed to be built or from 20 or more interested parties, the Commission shall hold at least one hearing in the area that would be affected by construction of the line, for the purpose of receiving public comment on the proposal. If any hearing is to be held in the area affected, the Commission shall direct that a copy of the transcripts of any previous hearings held in the case be made available for public inspection at a convenient location in the area for a reasonable time before such local hearing.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":256549,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“Environment” or “environmental” shall be deemed to include in meaning “historic,” as well as a consideration of the probable effects of the line on the health and safety of the persons in the area concerned.\n\t\t\t“Interested parties” includes the governing bodies of any counties or municipalities through which the line is proposed to be built and persons residing or owning property in each such county or municipality.\n\t\t\t“Public utility” means a public utility as defined in \u00a7 56-265.1.\n\t\t\t“Qualifying facilities” means a cogeneration or small power production facility that meets the criteria of 18 C.F.R. Part 292.\n\t\t\t“Reasonably accommodate requests to wheel or transmit power” means:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":256550,"text":"That the applicant will make available to new electric generation facilities constructed after January 9, 1991, qualifying facilities and other nonutilities, a minimum of one-fourth of the total megawatts of the additional transmission capacity created by the proposed line, for the purpose of wheeling to public utility purchasers the power generated by such qualifying facilities and other nonutility facilities which are awarded a power purchase contract by a public utility purchaser in compliance with applicable state law or regulations governing bidding or capacity acquisition programs for the purchase of electric capacity from nonutility sources, provided that the obligation of the applicant will extend only to those requests for wheeling service made within the 12 months following certification by the State Corporation Commission of the transmission line and with effective dates for commencement of such service within the 12 months following completion of the transmission line; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":256551,"text":"That the wheeling service offered by the applicant, pursuant to subdivision 1, will reasonably further the purposes of the Public Utilities Regulatory Policies Act of 1978 (P. L. 95-617), as demonstrated by submitting to the Commission, with its application for approval of the line, the cost methodologies, terms, conditions, and dispatch and interconnection requirements the applicant intends, subject to any applicable requirements of the Federal Energy Regulatory Commission, to include in its agreements for such wheeling service.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":256552,"text":"In the event that, at any time after the giving of the notice required in subsection B, it appears to the Commission that consideration of a route or routes significantly different from the route described in the notice is desirable, the Commission shall cause notice of the new route or routes to be published and mailed in accordance with subsection B. The Commission shall thereafter comply with the provisions of this section with respect to the new route or routes to the full extent necessary to give affected localities, federally recognized Tribal Nations in the Commonwealth, and interested parties in the newly affected areas the same protection afforded to affected localities and interested parties affected by the route described in the original notice.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"F"},"7":{"id":256553,"text":"Approval of a transmission line pursuant to this section shall be deemed to satisfy the requirements of § 15.2-2232 and local zoning ordinances with respect to such transmission line.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":256554,"text":"The Commission shall enter into a memorandum of agreement with the Department of Environmental Quality regarding the coordination of their reviews of the environmental impact of electric generating plants and associated facilities. If the proposed plants or associated facilities are in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01, such consultation information shall be included in the memorandum of agreement.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":256555,"text":"An applicant that is required to obtain (i) a certificate of public convenience and necessity from the Commission for any electric generating facility, electric transmission line, natural or manufactured gas transmission line as defined in 49 C.F.R. § 192.3, or natural or manufactured gas storage facility (hereafter, an energy facility) and (ii) an environmental permit for the energy facility that is subject to issuance by any agency or board within the Secretariat of Natural and Historic Resources, may request a pre-application planning and review process. In any such request to the Commission or the Secretariat of Natural and Historic Resources, the applicant shall identify the proposed energy facility for which it requests the pre-application planning and review process. The Commission, the Department of Environmental Quality, the Marine Resources Commission, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Conservation and Recreation, and other appropriate agencies of the Commonwealth shall participate in the pre-application planning and review process. Participation in such process shall not limit the authority otherwise provided by law to the Commission or other agencies or boards of the Commonwealth. The Commission and other participating agencies and boards of the Commonwealth may invite federal and local governmental entities charged by law with responsibility for issuing permits or approvals and potentially impacted federally recognized Tribal Nations in the Commonwealth to participate in the pre-application planning and review process. Through the pre-application planning and review process, the applicant, the Commission, participating agencies and boards of the Commonwealth, and potentially impacted federally recognized Tribal Nations in the Commonwealth shall identify the potential impacts and approvals that may be required and shall develop a plan that will provide for an efficient and coordinated review of the proposed energy facility. The plan shall include (a) a list of the permits or other approvals likely to be required based on the information available, (b) a specific plan and preliminary schedule for the different reviews, (c) a plan for coordinating those reviews and the related public comment process, and (d) designation of points of contact, either within each agency or for the Commonwealth as a whole, to facilitate this coordination. The plan shall be made readily available to the public and shall be maintained on a dedicated website to provide current information on the status of each component of the plan and each approval process including opportunities for public comment.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":256556,"text":"The provisions of this section shall not apply to the construction and operation of a small renewable energy project, as defined in § 10.1-1197.5, by a utility regulated pursuant to this title for which the Department of Environmental Quality has issued a permit by rule pursuant to Article 5 (§ 10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"11":{"id":256557,"text":"Approval under this section shall not be required for any transmission line for which a certificate of public convenience and necessity is not required pursuant to subdivision A of § 56-265.2.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":15970,"edition_id":1,"name":"Companies in Which Commonwealth Is Interested","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13586,"metadata":{},"date_created":"2026-06-26 04:02:55","date_modified":"2026-06-26 04:02:55","permalink":{"id":248703,"object_type":"structure","relational_id":15970,"identifier":"6","token":"56\/1\/6","url":"\/56\/1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13586,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:45:19","date_modified":"2026-06-26 03:45:19","permalink":{"id":248475,"object_type":"structure","relational_id":13586,"identifier":"1","token":"56\/1","url":"\/56\/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":63367,"structure_id":15970,"section_number":"56-44","catch_line":"Repealed","url":"\/56-44\/","token":"56\/1\/6\/56-44","metadata":false},{"id":71170,"structure_id":15970,"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","url":"\/56-46.1\/","token":"56\/1\/6\/56-46.1","metadata":false},{"id":62247,"structure_id":15970,"section_number":"56-46.2","catch_line":"Construction of electrical transmission lines","url":"\/56-46.2\/","token":"56\/1\/6\/56-46.2","metadata":false},{"id":77857,"structure_id":15970,"section_number":"56-46.3","catch_line":"Foreign utility companies; penalties","url":"\/56-46.3\/","token":"56\/1\/6\/56-46.3","metadata":false}],"previous_section":{"id":63367,"structure_id":15970,"section_number":"56-44","catch_line":"Repealed","url":"\/56-44\/","token":"56\/1\/6\/56-44","metadata":false},"next_section":{"id":62247,"structure_id":15970,"section_number":"56-46.2","catch_line":"Construction of electrical transmission lines","url":"\/56-46.2\/","token":"56\/1\/6\/56-46.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-46.1\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 652 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. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 16 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 1973, chapter 307; in 1974, chapter 498; in 1983, chapter 438; in 1984, chapters 287 and 562; in 1985, chapter 282; in 1991, chapters 90 and 148; in 1996, chapter 254<\/a>; in 2001, chapter 758<\/a>; in 2002, chapter 483<\/a>; in 2007, chapters 756<\/a>, 761<\/a>, 776<\/a>, and 825<\/a>; in 2009, chapters 808<\/a> and 854<\/a>; in 2011, chapters 236<\/a> and 243<\/a>; in 2012, chapters 54<\/a> and 284<\/a>; in 2016, chapters 192<\/a> and 276<\/a>; in 2020, chapters 450<\/a> and 958<\/a>; in 2024, chapter 830<\/a>.<\/p>","references":[{"id":57009,"section_number":"10.1-1186.3:1","catch_line":"Policies for consultation with federally recognized Tribal Nations in the Commonwealth","order_by":null,"url":"\/10.1-1186.3_1\/"},{"id":60074,"section_number":"10.1-1197.8","catch_line":"Limitation of State Corporation Commission authority","order_by":null,"url":"\/10.1-1197.8\/"},{"id":84424,"section_number":"15.2-5406","catch_line":"Rights, powers and duties of authority","order_by":null,"url":"\/15.2-5406\/"},{"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":66769,"section_number":"56-578","catch_line":"Nondiscriminatory access to transmission and distribution system","order_by":null,"url":"\/56-578\/"},{"id":77551,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","order_by":null,"url":"\/56-580\/"},{"id":75808,"section_number":"56-585.1:5","catch_line":"Pilot program for underground transmission lines","order_by":null,"url":"\/56-585.1_5\/"},{"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":70714,"section_number":"10.1-1197.5","catch_line":"(Effective July 1, 2026) Definitions","order_by":null,"url":"\/10.1-1197.5\/"},{"id":73449,"section_number":"15.2-2202","catch_line":"Duties of state agencies; electric utilities","order_by":null,"url":"\/15.2-2202\/"},{"id":56779,"section_number":"15.2-2223","catch_line":"Comprehensive plan to be prepared and adopted; scope and purpose","order_by":null,"url":"\/15.2-2223\/"},{"id":74569,"section_number":"15.2-2232","catch_line":"Legal status of plan","order_by":null,"url":"\/15.2-2232\/"},{"id":79241,"section_number":"2.2-401.01","catch_line":"Liaison to Virginia Indian tribes; Ombudsman for Tribal Consultation; Virginia Indigenous People's Trust Fund","order_by":null,"url":"\/2.2-401.01\/"},{"id":84117,"section_number":"45.2-1706.1","catch_line":" Commonwealth Clean Energy Policy","order_by":null,"url":"\/45.2-1706.1\/"},{"id":85772,"section_number":"56-265.1","catch_line":"Definitions","order_by":null,"url":"\/56-265.1\/"},{"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\/"}],"permalink":{"id":248709,"object_type":"law","relational_id":71170,"identifier":"56-46.1","token":"56\/1\/6\/56-46.1","url":"\/56-46.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-46.1\/","token":"56\/1\/6\/56-46.1","dublin_core":{"Title":"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-46.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever the Commission<\/span> is required to approve the construction of any electrical utility facility, it shall give consideration to the effect of that facility on the environment and establish such conditions as may be desirable or necessary to minimize adverse environmental impact. In order<\/span> to avoid duplication of governmental activities, any valid permit or approval required for an electric generating plant and associated facilities issued or granted by a federal, state, or local governmental entity charged by law<\/span> with responsibility for issuing permits or approvals regulating environmental impact and mitigation of adverse environmental impact or for other specific public interest issues<\/span> such as building codes, transportation plans, and public safety, whether such permit or approval is granted prior to or after the Commission<\/span>’s decision, shall be deemed to satisfy the requirements of this section with respect to all matters that (i) are governed by the permit or approval or (ii) are within the authority of, and were considered by, the governmental entity in issuing such permit or approval, and the Commission<\/span> shall impose no additional conditions with respect to such matters. Nothing in this section shall affect the ability of the Commission<\/span> to keep the record of a case open. Nothing in this section shall affect any right to appeal<\/span> such permits or approvals in accordance with applicable law<\/span>. In the case of a proposed facility located in a region that was designated as of July 1, 2001, as serious nonattainment for the one-hour ozone standard as set forth in the federal Clean Air Act, the Commission<\/span> shall not issue<\/span> a decision approving such proposed facility that is conditioned upon issuance of any environmental permit or approval. In every proceeding under this subsection, the Commission<\/span> shall receive and give consideration to all reports that relate to the proposed facility by state agencies concerned with environmental protection; and if requested by any county or municipality<\/span> in which the facility is proposed to be built, to local comprehensive plans that have been adopted pursuant to Article 3 (§ 15.2-2223<\/a> et seq.) of Chapter 22 of Title 15.2. Additionally, the Commission<\/span> (a) shall consider the effect of the proposed facility on economic development within the Commonwealth, including but not limited to furtherance of the economic and job creation objectives of the Commonwealth Clean Energy Policy set forth in § 45.2-1706.1<\/a>, and (b) shall consider any improvements in service reliability that may result from the construction of such facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Subject to the provisions of subsection J, no electrical transmission line of 138 kilovolts or more shall be constructed unless the State Corporation<\/span> Commission<\/span> shall, after at least 30 days’ advance notice by (i) publication in a newspaper or newspapers of general circulation in the counties and municipalities through which the line is proposed to be built, (ii) written notice to the governing body of each such county and municipality<\/span>, and (iii) causing to be sent a copy of the notice by first class mail<\/span> to all owners of property within the route of the proposed line, as indicated on the map or sketch of the route filed with the Commission<\/span>, which requirement shall be satisfied by mailing the notice to such persons<\/span> at such addresses as are indicated in the land books maintained by the commissioner of revenue, director of finance or treasurer of the county or municipality<\/span>, approve such line. Such notices shall include a written description of the proposed route the line is to follow, as well as a map or sketch of the route including a digital geographic information system (GIS) map provided by the public utility<\/span> showing the location of the proposed route. The Commission<\/span> shall make GIS maps provided under this subsection available to the public on the Commission<\/span>’s website. Such notices shall be in addition to the advance notice to the chief administrative officer of the county or municipality<\/span> required pursuant to § 15.2-2202<\/a>.\n\t\t\tAs a condition to approval the Commission<\/span> shall determine that the line is needed and that the corridor or route chosen for the line will avoid or reasonably minimize adverse impact to the greatest extent reasonably practicable on the scenic assets<\/span>, historic and cultural resources recorded with the Department of Historic Resources, cultural resources identified by federally recognized Tribal Nations in the Commonwealth, and environment of the area concerned. To assist the Commission<\/span> in this determination, as part of the application for Commission<\/span> approval of the line, the applicant shall summarize its efforts to avoid or reasonably minimize adverse impact to the greatest extent reasonably practicable on the scenic assets<\/span>, historic resources recorded with the Department of Historic Resources, and environment of the area concerned. In making the determinations about need, corridor or route, and method of installation, the Commission<\/span> shall verify the applicant’s load flow modeling, contingency analyses, and reliability needs presented to justify the new line and its proposed method of installation. If the local comprehensive plan of an affected county or municipality<\/span> designates corridors or routes for electric transmission lines and the line is proposed to be constructed outside such corridors or routes, in any hearing<\/span> the county or municipality<\/span> may provide adequate evidence<\/span> that the existing planned corridors or routes designated in the plan can adequately serve the needs of the company<\/span>. Additionally, the Commission<\/span> shall consider, upon the request of the governing body of any county or municipality<\/span> in which the line is proposed to be constructed, (a) the costs and economic benefits likely to result from requiring the underground placement of the line and (b) any potential impediments to timely construction of the line. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If, prior to such approval, any interested party<\/span> shall request a public hearing<\/span>, the Commission<\/span> shall, as soon as reasonably practicable after such request, hold such hearing<\/span> or hearings<\/span> at such place as may be designated by the Commission<\/span>. In any hearing<\/span>, the public service company<\/span> shall provide adequate evidence<\/span> that existing rights-of-way cannot adequately serve the needs of the company.\n\t\t\tIf, prior to such approval, written requests therefor are received from the governing body of any county or municipality<\/span> through which the line is proposed to be built or from 20 or more interested parties<\/span>, the Commission<\/span> shall hold at least one hearing<\/span> in the area that would be affected by construction of the line, for the purpose of receiving public comment on the proposal. If any hearing<\/span> is to be held in the area affected, the Commission<\/span> shall direct that a copy of the transcripts<\/span> of any previous hearings<\/span> held in the case be made available for public inspection at a convenient location in the area for a reasonable time before such local hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“Environment” or “environmental” shall be deemed to include in meaning “historic,” as well as a consideration of the probable effects of the line on the health and safety of the persons<\/span> in the area concerned.\n\t\t\t“Interested parties<\/span>” includes the governing bodies of any counties or municipalities through which the line is proposed to be built and persons<\/span> residing or owning property in each such county or municipality<\/span>.\n\t\t\t“Public utility<\/span>” means a public utility<\/span> as defined in \u00a7 56-265.1<\/a>.\n\t\t\t“Qualifying facilities<\/span>” means a cogeneration or small power production facility that meets the criteria of 18 C.F.R. Part 292.\n\t\t\t“Reasonably accommodate requests to wheel or transmit power” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the applicant will make available to new electric generation facilities constructed after January 9, 1991, qualifying facilities<\/span> and other nonutilities, a minimum of one-fourth of the total megawatts of the additional transmission capacity created by the proposed line, for the purpose of wheeling to public utility<\/span> purchasers the power generated by such qualifying facilities<\/span> and other nonutility facilities which are awarded a power purchase contract<\/span> by a public utility<\/span> purchaser in compliance with applicable state law<\/span> or regulations governing bidding or capacity acquisition programs for the purchase of electric capacity from nonutility sources, provided that the obligation of the applicant will extend only to those requests for wheeling service made within the 12 months following certification by the State Corporation<\/span> Commission<\/span> of the transmission line and with effective dates for commencement of such service within the 12 months following completion of the transmission line; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That the wheeling service offered by the applicant, pursuant to subdivision 1, will reasonably further the purposes of the Public Utilities Regulatory Policies Act of 1978 (P. L. 95-617), as demonstrated by submitting to the Commission<\/span>, with its application for approval of the line, the cost methodologies, terms, conditions, and dispatch and interconnection requirements the applicant intends, subject to any applicable requirements of the Federal Energy Regulatory Commission<\/span>, to include in its agreements for such wheeling service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In the event that, at any time after the giving of the notice required in subsection B, it appears to the Commission<\/span> that consideration of a route or routes significantly different from the route described in the notice is desirable, the Commission<\/span> shall cause notice of the new route or routes to be published and mailed in accordance with subsection B. The Commission<\/span> shall thereafter comply with the provisions of this section with respect to the new route or routes to the full extent necessary to give affected localities, federally recognized Tribal Nations in the Commonwealth, and interested parties<\/span> in the newly affected areas the same protection afforded to affected localities and interested parties<\/span> affected by the route described in the original notice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Approval of a transmission line pursuant to this section shall be deemed to satisfy the requirements of § 15.2-2232<\/a> and local zoning ordinances<\/span> with respect to such transmission line. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Commission<\/span> shall enter into a memorandum<\/span> of agreement with the Department of Environmental Quality regarding the coordination of their reviews of the environmental impact of electric generating plants and associated facilities. If the proposed plants or associated facilities are in a locality identified by the Ombudsman for Tribal Consultation pursuant to subdivision B 2 of § 2.2-401.01<\/a>, such consultation information shall be included in the memorandum<\/span> of agreement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> An applicant that is required to obtain (i) a certificate of public convenience and necessity from the Commission<\/span> for any electric generating facility, electric transmission line, natural or manufactured gas transmission line as defined in 49 C.F.R. § 192.3, or natural or manufactured gas storage facility (hereafter, an energy facility) and (ii) an environmental permit for the energy facility that is subject to issuance by any agency or board within the Secretariat of Natural and Historic Resources, may request a pre-application planning and review process. In any such request to the Commission<\/span> or the Secretariat of Natural and Historic Resources, the applicant shall identify the proposed energy facility for which it requests the pre-application planning and review process. The Commission<\/span>, the Department of Environmental Quality, the Marine Resources Commission<\/span>, the Department of Wildlife Resources, the Department of Historic Resources, the Department of Conservation and Recreation, and other appropriate agencies of the Commonwealth shall participate in the pre-application planning and review process. Participation in such process shall not limit the authority otherwise provided by law<\/span> to the Commission<\/span> or other agencies or boards of the Commonwealth. The Commission<\/span> and other participating agencies and boards of the Commonwealth may invite federal and local governmental entities charged by law<\/span> with responsibility for issuing permits or approvals and potentially impacted federally recognized Tribal Nations in the Commonwealth to participate in the pre-application planning and review process. Through the pre-application planning and review process, the applicant, the Commission<\/span>, participating agencies and boards of the Commonwealth, and potentially impacted federally recognized Tribal Nations in the Commonwealth shall identify the potential impacts and approvals that may be required and shall develop a plan that will provide for an efficient and coordinated review of the proposed energy facility. The plan shall include (a) a list of the permits or other approvals likely to be required based on the information available, (b) a specific plan and preliminary schedule for the different reviews, (c) a plan for coordinating those reviews and the related public comment process, and (d) designation of points of contact, either within each agency or for the Commonwealth as a whole, to facilitate this coordination. The plan shall be made readily available to the public and shall be maintained on a dedicated website to provide current information on the status of each component of the plan and each approval process including opportunities for public comment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The provisions of this section shall not apply to the construction and operation of a small renewable energy project, as defined in § 10.1-1197.5<\/a>, by a utility regulated pursuant to this title for which the Department of Environmental Quality has issued a permit by rule pursuant to Article 5 (§ 10.1-1197.5<\/a> et seq.) of Chapter 11.1 of Title 10.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Approval under this section shall not be required for any transmission line for which a certificate of public convenience and necessity is not required pursuant to subdivision A of § 56-265.2<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMISSION TO CONSIDER ENVIRONMENTAL, ECONOMIC, AND IMPROVEMENTS IN SERVICE\nRELIABILITY FACTORS IN APPROVING CONSTRUCTION OF ELECTRICAL UTILITY FACILITIES;\nAPPROVAL REQUIRED FOR CONSTRUCTION OF CERTAIN ELECTRICAL TRANSMISSION LINES;\nNOTICE AND HEARINGS (\u00a7 56-46.1)\n\nA. Whenever the Commission is required to approve the construction of any\nelectrical utility facility, it shall give consideration to the effect of that\nfacility on the environment and establish such conditions as may be desirable or\nnecessary to minimize adverse environmental impact. In order to avoid\nduplication of governmental activities, any valid permit or approval required\nfor an electric generating plant and associated facilities issued or granted by\na federal, state, or local governmental entity charged by law with\nresponsibility for issuing permits or approvals regulating environmental impact\nand mitigation of adverse environmental impact or for other specific public\ninterest issues such as building codes, transportation plans, and public safety,\nwhether such permit or approval is granted prior to or after the\nCommission’s decision, shall be deemed to satisfy the requirements of this\nsection with respect to all matters that (i) are governed by the permit or\napproval or (ii) are within the authority of, and were considered by, the\ngovernmental entity in issuing such permit or approval, and the Commission shall\nimpose no additional conditions with respect to such matters. Nothing in this\nsection shall affect the ability of the Commission to keep the record of a case\nopen. Nothing in this section shall affect any right to appeal such permits or\napprovals in accordance with applicable law. In the case of a proposed facility\nlocated in a region that was designated as of July 1, 2001, as serious\nnonattainment for the one-hour ozone standard as set forth in the federal Clean\nAir Act, the Commission shall not issue a decision approving such proposed\nfacility that is conditioned upon issuance of any environmental permit or\napproval. In every proceeding under this subsection, the Commission shall\nreceive and give consideration to all reports that relate to the proposed\nfacility by state agencies concerned with environmental protection; and if\nrequested by any county or municipality in which the facility is proposed to be\nbuilt, to local comprehensive plans that have been adopted pursuant to Article 3\n(§ 15.2-2223 et seq.) of Chapter 22 of Title 15.2. Additionally, the\nCommission (a) shall consider the effect of the proposed facility on economic\ndevelopment within the Commonwealth, including but not limited to furtherance of\nthe economic and job creation objectives of the Commonwealth Clean Energy Policy\nset forth in § 45.2-1706.1, and (b) shall consider any improvements in\nservice reliability that may result from the construction of such facility.\n\nB. Subject to the provisions of subsection J, no electrical transmission line of\n138 kilovolts or more shall be constructed unless the State Corporation\nCommission shall, after at least 30 days’ advance notice by (i)\npublication in a newspaper or newspapers of general circulation in the counties\nand municipalities through which the line is proposed to be built, (ii) written\nnotice to the governing body of each such county and municipality, and (iii)\ncausing to be sent a copy of the notice by first class mail to all owners of\nproperty within the route of the proposed line, as indicated on the map or\nsketch of the route filed with the Commission, which requirement shall be\nsatisfied by mailing the notice to such persons at such addresses as are\nindicated in the land books maintained by the commissioner of revenue, director\nof finance or treasurer of the county or municipality, approve such line. Such\nnotices shall include a written description of the proposed route the line is to\nfollow, as well as a map or sketch of the route including a digital geographic\ninformation system (GIS) map provided by the public utility showing the location\nof the proposed route. The Commission shall make GIS maps provided under this\nsubsection available to the public on the Commission’s website. Such\nnotices shall be in addition to the advance notice to the chief administrative\nofficer of the county or municipality required pursuant to § 15.2-2202.\n\t\t\tAs a condition to approval the Commission shall determine that the line is\nneeded and that the corridor or route chosen for the line will avoid or\nreasonably minimize adverse impact to the greatest extent reasonably practicable\non the scenic assets, historic and cultural resources recorded with the\nDepartment of Historic Resources, cultural resources identified by federally\nrecognized Tribal Nations in the Commonwealth, and environment of the area\nconcerned. To assist the Commission in this determination, as part of the\napplication for Commission approval of the line, the applicant shall summarize\nits efforts to avoid or reasonably minimize adverse impact to the greatest\nextent reasonably practicable on the scenic assets, historic resources recorded\nwith the Department of Historic Resources, and environment of the area\nconcerned. In making the determinations about need, corridor or route, and\nmethod of installation, the Commission shall verify the applicant’s load\nflow modeling, contingency analyses, and reliability needs presented to justify\nthe new line and its proposed method of installation. If the local comprehensive\nplan of an affected county or municipality designates corridors or routes for\nelectric transmission lines and the line is proposed to be constructed outside\nsuch corridors or routes, in any hearing the county or municipality may provide\nadequate evidence that the existing planned corridors or routes designated in\nthe plan can adequately serve the needs of the company. Additionally, the\nCommission shall consider, upon the request of the governing body of any county\nor municipality in which the line is proposed to be constructed, (a) the costs\nand economic benefits likely to result from requiring the underground placement\nof the line and (b) any potential impediments to timely construction of the\nline.\n\nC. If, prior to such approval, any interested party shall request a public\nhearing, the Commission shall, as soon as reasonably practicable after such\nrequest, hold such hearing or hearings at such place as may be designated by the\nCommission. In any hearing, the public service company shall provide adequate\nevidence that existing rights-of-way cannot adequately serve the needs of the\ncompany.\n\t\t\tIf, prior to such approval, written requests therefor are received from the\ngoverning body of any county or municipality through which the line is proposed\nto be built or from 20 or more interested parties, the Commission shall hold at\nleast one hearing in the area that would be affected by construction of the\nline, for the purpose of receiving public comment on the proposal. If any\nhearing is to be held in the area affected, the Commission shall direct that a\ncopy of the transcripts of any previous hearings held in the case be made\navailable for public inspection at a convenient location in the area for a\nreasonable time before such local hearing.\n\nD. As used in this section, unless the context requires a different meaning:\n\t\t\t“Environment” or “environmental” shall be deemed to\ninclude in meaning “historic,” as well as a consideration of the\nprobable effects of the line on the health and safety of the persons in the area\nconcerned.\n\t\t\t“Interested parties” includes the governing bodies of any\ncounties or municipalities through which the line is proposed to be built and\npersons residing or owning property in each such county or municipality.\n\t\t\t“Public utility” means a public utility as defined in \u00a7\n56-265.1.\n\t\t\t“Qualifying facilities” means a cogeneration or small power\nproduction facility that meets the criteria of 18 C.F.R. Part 292.\n\t\t\t“Reasonably accommodate requests to wheel or transmit power”\nmeans:\n\n 1. That the applicant will make available to new electric generation\n facilities constructed after January 9, 1991, qualifying facilities and other\n nonutilities, a minimum of one-fourth of the total megawatts of the additional\n transmission capacity created by the proposed line, for the purpose of\n wheeling to public utility purchasers the power generated by such qualifying\n facilities and other nonutility facilities which are awarded a power purchase\n contract by a public utility purchaser in compliance with applicable state law\n or regulations governing bidding or capacity acquisition programs for the\n purchase of electric capacity from nonutility sources, provided that the\n obligation of the applicant will extend only to those requests for wheeling\n service made within the 12 months following certification by the State\n Corporation Commission of the transmission line and with effective dates for\n commencement of such service within the 12 months following completion of the\n transmission line; and\n\n 2. That the wheeling service offered by the applicant, pursuant to subdivision\n 1, will reasonably further the purposes of the Public Utilities Regulatory\n Policies Act of 1978 (P. L. 95-617), as demonstrated by submitting to the\n Commission, with its application for approval of the line, the cost\n methodologies, terms, conditions, and dispatch and interconnection\n requirements the applicant intends, subject to any applicable requirements of\n the Federal Energy Regulatory Commission, to include in its agreements for\n such wheeling service.\n\nE. In the event that, at any time after the giving of the notice required in\nsubsection B, it appears to the Commission that consideration of a route or\nroutes significantly different from the route described in the notice is\ndesirable, the Commission shall cause notice of the new route or routes to be\npublished and mailed in accordance with subsection B. The Commission shall\nthereafter comply with the provisions of this section with respect to the new\nroute or routes to the full extent necessary to give affected localities,\nfederally recognized Tribal Nations in the Commonwealth, and interested parties\nin the newly affected areas the same protection afforded to affected localities\nand interested parties affected by the route described in the original notice.\n\nF. Approval of a transmission line pursuant to this section shall be deemed to\nsatisfy the requirements of § 15.2-2232 and local zoning ordinances with\nrespect to such transmission line.\n\nG. The Commission shall enter into a memorandum of agreement with the Department\nof Environmental Quality regarding the coordination of their reviews of the\nenvironmental impact of electric generating plants and associated facilities. If\nthe proposed plants or associated facilities are in a locality identified by the\nOmbudsman for Tribal Consultation pursuant to subdivision B 2 of §\n2.2-401.01, such consultation information shall be included in the memorandum of\nagreement.\n\nH. An applicant that is required to obtain (i) a certificate of public\nconvenience and necessity from the Commission for any electric generating\nfacility, electric transmission line, natural or manufactured gas transmission\nline as defined in 49 C.F.R. § 192.3, or natural or manufactured gas\nstorage facility (hereafter, an energy facility) and (ii) an environmental\npermit for the energy facility that is subject to issuance by any agency or\nboard within the Secretariat of Natural and Historic Resources, may request a\npre-application planning and review process. In any such request to the\nCommission or the Secretariat of Natural and Historic Resources, the applicant\nshall identify the proposed energy facility for which it requests the\npre-application planning and review process. The Commission, the Department of\nEnvironmental Quality, the Marine Resources Commission, the Department of\nWildlife Resources, the Department of Historic Resources, the Department of\nConservation and Recreation, and other appropriate agencies of the Commonwealth\nshall participate in the pre-application planning and review process.\nParticipation in such process shall not limit the authority otherwise provided\nby law to the Commission or other agencies or boards of the Commonwealth. The\nCommission and other participating agencies and boards of the Commonwealth may\ninvite federal and local governmental entities charged by law with\nresponsibility for issuing permits or approvals and potentially impacted\nfederally recognized Tribal Nations in the Commonwealth to participate in the\npre-application planning and review process. Through the pre-application\nplanning and review process, the applicant, the Commission, participating\nagencies and boards of the Commonwealth, and potentially impacted federally\nrecognized Tribal Nations in the Commonwealth shall identify the potential\nimpacts and approvals that may be required and shall develop a plan that will\nprovide for an efficient and coordinated review of the proposed energy facility.\nThe plan shall include (a) a list of the permits or other approvals likely to be\nrequired based on the information available, (b) a specific plan and preliminary\nschedule for the different reviews, (c) a plan for coordinating those reviews\nand the related public comment process, and (d) designation of points of\ncontact, either within each agency or for the Commonwealth as a whole, to\nfacilitate this coordination. The plan shall be made readily available to the\npublic and shall be maintained on a dedicated website to provide current\ninformation on the status of each component of the plan and each approval\nprocess including opportunities for public comment.\n\nI. The provisions of this section shall not apply to the construction and\noperation of a small renewable energy project, as defined in § 10.1-1197.5,\nby a utility regulated pursuant to this title for which the Department of\nEnvironmental Quality has issued a permit by rule pursuant to Article 5 (§\n10.1-1197.5 et seq.) of Chapter 11.1 of Title 10.1.\n\nJ. Approval under this section shall not be required for any transmission line\nfor which a certificate of public convenience and necessity is not required\npursuant to subdivision A of § 56-265.2.\n\nHISTORY: 1972, c. 652; 1973, c. 307; 1974, c. 498; 1983, c. 438; 1984, cc. 287,\n562; 1985, c. 282; 1991, cc. 90, 148; 1996, c. 254; 2001, c. 758; 2002, c. 483;\n2007, cc. 756, 761, 776, 825; 2009, cc. 808, 854; 2011, cc. 236, 243; 2012, cc.\n54, 284; 2016, cc. 192, 276; 2020, cc. 450, 958; 2021, Sp. Sess. I, c. 327;\n2024, c. 830.","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}}