{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-585.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-585.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-585.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-585.1_1.html"}],"law_id":75688,"edition_id":1,"section_id":75688,"structure_id":13084,"section_number":"56-585.1:1","catch_line":"Transitional Rate Period: review of rates, terms and conditions for utility generation facilities","history":"2015, c. 6; 2018, c. 296.","full_text":"A\n\nNo biennial reviews of the rates, terms, and conditions for any service of a Phase I Utility, as defined in § 56-585.1, shall be conducted at any time by the Commission for the three successive 12-month test periods beginning January 1, 2014, and ending December 31, 2016. No biennial reviews of the rates, terms, and conditions for any service of a Phase II Utility, as defined in § 56-585.1, shall be conducted at any time by the Commission for the two successive 12-month test periods beginning January 1, 2015, and ending December 31, 2016. Such test periods beginning January 1, 2014, and ending December 31, 2017, for a Phase I Utility, and beginning January 1, 2015, and ending December 31, 2016, for a Phase II Utility, are collectively referred to herein as the “Transitional Rate Period.” Review of recovery of fuel and purchase power costs shall continue during the Transitional Rate Period in accordance with § 56-249.6. Any biennial review of the rates, terms, and conditions for any service of a Phase II Utility occurring in 2015 during the Transitional Rate Period shall be solely a review of the utility’s earnings on its rates for generation and distribution services for the two 12-month test periods ending December 31, 2014, and a determination of whether any credits to customers are due for such test periods pursuant to subdivision A 8 b of § 56-585.1. After the conclusion of the Transitional Rate Period, reviews of the utility’s rates for generation and distribution services shall resume for a Phase I Utility in 2020, with the first such proceeding utilizing the three successive 12-month test periods beginning January 1, 2017, and ending December 31, 2019. After the conclusion of the Transitional Rate Period, reviews of the utility’s rates for generation and distribution services shall resume for a Phase II Utility in 2021, with the first such proceeding utilizing the four successive 12-month test periods beginning January 1, 2017, and ending December 31, 2020. Consistent with this provision, (i) no biennial review filings shall be made by an investor-owned incumbent electric utility in the years 2016 through 2019, inclusive, and (ii) no adjustment to an investor-owned incumbent electric utility’s existing tariff rates, including any rates adopted pursuant to § 56-235.2, shall be made between the beginning of the Transitional Rate Period and the conclusion of the first review after the conclusion of the Transitional Rate Period, except as may be provided pursuant to § 56-245 or 56-249.6 or subdivisions A 4, 5, or 6 of § 56-585.1.B\n\nDuring the Transitional Rate Period, pursuant to § 56-36, the Commission shall have the right at all times to inspect the books, papers and documents of any investor-owned incumbent electric utility and to require from such companies, from time to time, special reports and statements, under oath, concerning their business.C\n\n1. Commencing in 2016 and concluding in 2018, the State Corporation Commission, after notice and opportunity for a hearing, shall conduct a proceeding every two years to determine the fair rate of return on common equity to be used by a Phase I Utility as the general rate of return applicable to rate adjustment clauses under subdivisions A 5 or A 6 of \u00a7 56-585.1. A Phase I Utility’s filing in such proceedings shall be made on or before March 31 of 2016, and 2018.2\n\nCommencing in 2017 and concluding in 2019, the State Corporation Commission, after notice and opportunity for a hearing, shall conduct a proceeding every two years to determine the fair rate of return on common equity to be used by a Phase II Utility as the general rate of return applicable to rate adjustment clauses under subdivisions A 5 or A 6 of § 56-585.1. A Phase II utility’s filing in such proceedings shall be made on or before March 31 of 2017 and 2019.3\n\nSuch fair rate of return shall be calculated pursuant to the methodology set forth in subdivisions A 2 a and b of § 56-585.1 and shall utilize the utility’s actual end-of-test-period capital structure and cost of capital, as well as a 12-month test period ending December 31 immediately preceding the year in which the proceeding is conducted. The Commission’s final order in such a proceeding shall be entered no later than eight months after the date of filing, with any adjustment to the fair rate of return for applicable rate adjustment clauses under subdivisions A 5 and 6 of § 56-585.1 taking effect on the date of the Commission’s final order in the proceeding, utilizing rate adjustment clause true-up protocols as the Commission may in its discretion determine. Such proceeding shall concern only the issue of the determination of such fair rate of return to be used for rate adjustment clauses under subdivisions A 5 and 6 of § 56-585.1, and such determination shall have no effect on rates other than those applicable to such rate adjustment clauses; however, after the final such proceeding for a utility has been concluded, the fair combined rate of return on common equity so determined therein shall also be deemed equal to the fair combined rate of return on common equity to be used in such utility’s first review proceeding conducted after the end of the utility’s Transitional Rate Period to review such utility’s earnings on its rates for generation and distribution services for the historic test periods.D\n\nIn furtherance of rate stability during the Transitional Rate Period, any Phase II Utility carrying a prior period deferred fuel expense recovery balance on its books and records as of December 31, 2014, shall not recover from customers 50 percent of any such balance outstanding as of December 31, 2014, and the State Corporation Commission shall implement as soon as practicable reductions in the fuel factor rate of any such Phase II Utility to reflect the nonrecovery of any such fuel expense as well as any reduction in the fuel factor associated with the Phase II Utility’s current period forecasted fuel expense over recovery for the 2014-2015 fuel year and projected fuel expense for the 2015-2016 fuel year.E\n\nExcept for early retirement plans identified by the utility in an integrated resource plan filed with the State Corporation Commission by September 1, 2014, for utility generation plants, an investor-owned incumbent electric utility shall not permanently retire an electric power generation facility from service during the Transitional Rate Period without first obtaining the approval of the State Corporation Commission, upon petition from such investor-owned incumbent electric utility, and a finding by the State Corporation Commission that the retirement determination is reasonable and prudent. During the Transitional Rate Period, an investor-owned incumbent electric utility shall recover the following costs, as recorded per books by the utility for financial reporting purposes and accrued against income, only through its existing tariff rates for generation or distribution services, except such costs as may be recovered pursuant to § 56-245, § 56-249.6 or subdivisions A 4, A 5, or A 6 of § 56-585.1: (i) costs associated with asset impairments related to early retirement determinations for utility generation facilities resulting from the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the Clean Air Act; (ii) costs associated with severe weather events; and (iii) costs associated with natural disasters.F\n\nDuring the Transitional Rate Period:1\n\nThe State Corporation Commission shall submit a report and make recommendations to the Governor and the General Assembly annually on or before December 1 of each year assessing the updated integrated resource plan of any investor-owned incumbent electric utility. The report shall include an analysis of, among other matters, the amount, reliability, and type of generation facilities needed to serve Virginia native load compared to what is then available to serve such load and what may be available to serve such load in the future in view of market conditions and current and pending state and federal environmental regulations. As a part of such report, the State Corporation Commission shall update its estimate of the impact upon electric rates in Virginia of the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the federal Clean Air Act. The State Corporation Commission shall submit copies of such annual reports to the Chairman of the House Committee on Labor and Commerce, the Chairman of the Senate Committee on Commerce and Labor and the Chairman of the Commission on Electric Utility Regulation; and2\n\nThe Department of Environmental Quality shall submit a report and make recommendations to the Governor and the General Assembly annually on or before December 1 of each year concerning the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the federal Clean Air Act. The report shall include an analysis of, among other matters, the impact of such federal regulations on the operation of any investor-owned incumbent electric utility’s electric power generation facilities and any changes, interdiction, or suspension of such regulations. The Department of Environmental Quality shall submit copies of such annual reports to the Chairman of the House Committee on Labor and Commerce, the Chairman of the Senate Committee on Commerce and Labor and the Chairman of the Commission on Electric Utility Regulation.G\n\nThe construction or purchase by an investor-owned incumbent utility of one or more generation facilities with at least one megawatt of generating capacity, and with an aggregate rated capacity that does not exceed 5,000 megawatts, including rooftop solar installations with a capacity of not less than 50 kilowatts, and with an aggregate capacity of 50 megawatts, that use energy derived from sunlight or from wind and are located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, regardless of whether any of such facilities are located within or without such utility’s service territory, is in the public interest, and in determining whether to approve such facility, the Commission shall liberally construe the provisions of this section. Such utility shall utilize goods or services sourced, in whole or in part, from one or more Virginia businesses. The utility may propose a rate adjustment clause based on a market index in lieu of a cost of service model for such facility. An investor-owned incumbent utility may enter into short-term or long-term power purchase contracts for the power derived from sunlight generated by such generation facility prior to purchasing the generation facility.H\n\nTo the extent that the provisions of this section are inconsistent with the provisions of §§ 56-249.6 and 56-585.1, the provisions of this section shall control.","order_by":null,"text":{"0":{"id":271802,"text":"No biennial reviews of the rates, terms, and conditions for any service of a Phase I Utility, as defined in § 56-585.1, shall be conducted at any time by the Commission for the three successive 12-month test periods beginning January 1, 2014, and ending December 31, 2016. No biennial reviews of the rates, terms, and conditions for any service of a Phase II Utility, as defined in § 56-585.1, shall be conducted at any time by the Commission for the two successive 12-month test periods beginning January 1, 2015, and ending December 31, 2016. Such test periods beginning January 1, 2014, and ending December 31, 2017, for a Phase I Utility, and beginning January 1, 2015, and ending December 31, 2016, for a Phase II Utility, are collectively referred to herein as the “Transitional Rate Period.” Review of recovery of fuel and purchase power costs shall continue during the Transitional Rate Period in accordance with § 56-249.6. Any biennial review of the rates, terms, and conditions for any service of a Phase II Utility occurring in 2015 during the Transitional Rate Period shall be solely a review of the utility’s earnings on its rates for generation and distribution services for the two 12-month test periods ending December 31, 2014, and a determination of whether any credits to customers are due for such test periods pursuant to subdivision A 8 b of § 56-585.1. After the conclusion of the Transitional Rate Period, reviews of the utility’s rates for generation and distribution services shall resume for a Phase I Utility in 2020, with the first such proceeding utilizing the three successive 12-month test periods beginning January 1, 2017, and ending December 31, 2019. After the conclusion of the Transitional Rate Period, reviews of the utility’s rates for generation and distribution services shall resume for a Phase II Utility in 2021, with the first such proceeding utilizing the four successive 12-month test periods beginning January 1, 2017, and ending December 31, 2020. Consistent with this provision, (i) no biennial review filings shall be made by an investor-owned incumbent electric utility in the years 2016 through 2019, inclusive, and (ii) no adjustment to an investor-owned incumbent electric utility’s existing tariff rates, including any rates adopted pursuant to § 56-235.2, shall be made between the beginning of the Transitional Rate Period and the conclusion of the first review after the conclusion of the Transitional Rate Period, except as may be provided pursuant to § 56-245 or 56-249.6 or subdivisions A 4, 5, or 6 of § 56-585.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271803,"text":"During the Transitional Rate Period, pursuant to § 56-36, the Commission shall have the right at all times to inspect the books, papers and documents of any investor-owned incumbent electric utility and to require from such companies, from time to time, special reports and statements, under oath, concerning their business.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271804,"text":"1. Commencing in 2016 and concluding in 2018, the State Corporation Commission, after notice and opportunity for a hearing, shall conduct a proceeding every two years to determine the fair rate of return on common equity to be used by a Phase I Utility as the general rate of return applicable to rate adjustment clauses under subdivisions A 5 or A 6 of \u00a7 56-585.1. A Phase I Utility’s filing in such proceedings shall be made on or before March 31 of 2016, and 2018.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C2"},"3":{"id":271805,"text":"Commencing in 2017 and concluding in 2019, the State Corporation Commission, after notice and opportunity for a hearing, shall conduct a proceeding every two years to determine the fair rate of return on common equity to be used by a Phase II Utility as the general rate of return applicable to rate adjustment clauses under subdivisions A 5 or A 6 of § 56-585.1. A Phase II utility’s filing in such proceedings shall be made on or before March 31 of 2017 and 2019.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"4":{"id":271806,"text":"Such fair rate of return shall be calculated pursuant to the methodology set forth in subdivisions A 2 a and b of § 56-585.1 and shall utilize the utility’s actual end-of-test-period capital structure and cost of capital, as well as a 12-month test period ending December 31 immediately preceding the year in which the proceeding is conducted. The Commission’s final order in such a proceeding shall be entered no later than eight months after the date of filing, with any adjustment to the fair rate of return for applicable rate adjustment clauses under subdivisions A 5 and 6 of § 56-585.1 taking effect on the date of the Commission’s final order in the proceeding, utilizing rate adjustment clause true-up protocols as the Commission may in its discretion determine. Such proceeding shall concern only the issue of the determination of such fair rate of return to be used for rate adjustment clauses under subdivisions A 5 and 6 of § 56-585.1, and such determination shall have no effect on rates other than those applicable to such rate adjustment clauses; however, after the final such proceeding for a utility has been concluded, the fair combined rate of return on common equity so determined therein shall also be deemed equal to the fair combined rate of return on common equity to be used in such utility’s first review proceeding conducted after the end of the utility’s Transitional Rate Period to review such utility’s earnings on its rates for generation and distribution services for the historic test periods.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"5":{"id":271807,"text":"In furtherance of rate stability during the Transitional Rate Period, any Phase II Utility carrying a prior period deferred fuel expense recovery balance on its books and records as of December 31, 2014, shall not recover from customers 50 percent of any such balance outstanding as of December 31, 2014, and the State Corporation Commission shall implement as soon as practicable reductions in the fuel factor rate of any such Phase II Utility to reflect the nonrecovery of any such fuel expense as well as any reduction in the fuel factor associated with the Phase II Utility’s current period forecasted fuel expense over recovery for the 2014-2015 fuel year and projected fuel expense for the 2015-2016 fuel year.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3","next_prefix":"E"},"6":{"id":271808,"text":"Except for early retirement plans identified by the utility in an integrated resource plan filed with the State Corporation Commission by September 1, 2014, for utility generation plants, an investor-owned incumbent electric utility shall not permanently retire an electric power generation facility from service during the Transitional Rate Period without first obtaining the approval of the State Corporation Commission, upon petition from such investor-owned incumbent electric utility, and a finding by the State Corporation Commission that the retirement determination is reasonable and prudent. During the Transitional Rate Period, an investor-owned incumbent electric utility shall recover the following costs, as recorded per books by the utility for financial reporting purposes and accrued against income, only through its existing tariff rates for generation or distribution services, except such costs as may be recovered pursuant to § 56-245, § 56-249.6 or subdivisions A 4, A 5, or A 6 of § 56-585.1: (i) costs associated with asset impairments related to early retirement determinations for utility generation facilities resulting from the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the Clean Air Act; (ii) costs associated with severe weather events; and (iii) costs associated with natural disasters.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":271809,"text":"During the Transitional Rate Period:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"F1"},"8":{"id":271810,"text":"The State Corporation Commission shall submit a report and make recommendations to the Governor and the General Assembly annually on or before December 1 of each year assessing the updated integrated resource plan of any investor-owned incumbent electric utility. The report shall include an analysis of, among other matters, the amount, reliability, and type of generation facilities needed to serve Virginia native load compared to what is then available to serve such load and what may be available to serve such load in the future in view of market conditions and current and pending state and federal environmental regulations. As a part of such report, the State Corporation Commission shall update its estimate of the impact upon electric rates in Virginia of the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the federal Clean Air Act. The State Corporation Commission shall submit copies of such annual reports to the Chairman of the House Committee on Labor and Commerce, the Chairman of the Senate Committee on Commerce and Labor and the Chairman of the Commission on Electric Utility Regulation; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"9":{"id":271811,"text":"The Department of Environmental Quality shall submit a report and make recommendations to the Governor and the General Assembly annually on or before December 1 of each year concerning the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the federal Clean Air Act. The report shall include an analysis of, among other matters, the impact of such federal regulations on the operation of any investor-owned incumbent electric utility’s electric power generation facilities and any changes, interdiction, or suspension of such regulations. The Department of Environmental Quality shall submit copies of such annual reports to the Chairman of the House Committee on Labor and Commerce, the Chairman of the Senate Committee on Commerce and Labor and the Chairman of the Commission on Electric Utility Regulation.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"10":{"id":271812,"text":"The construction or purchase by an investor-owned incumbent utility of one or more generation facilities with at least one megawatt of generating capacity, and with an aggregate rated capacity that does not exceed 5,000 megawatts, including rooftop solar installations with a capacity of not less than 50 kilowatts, and with an aggregate capacity of 50 megawatts, that use energy derived from sunlight or from wind and are located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, regardless of whether any of such facilities are located within or without such utility’s service territory, is in the public interest, and in determining whether to approve such facility, the Commission shall liberally construe the provisions of this section. Such utility shall utilize goods or services sourced, in whole or in part, from one or more Virginia businesses. The utility may propose a rate adjustment clause based on a market index in lieu of a cost of service model for such facility. An investor-owned incumbent utility may enter into short-term or long-term power purchase contracts for the power derived from sunlight generated by such generation facility prior to purchasing the generation facility.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2","next_prefix":"H"},"11":{"id":271813,"text":"To the extent that the provisions of this section are inconsistent with the provisions of §§ 56-249.6 and 56-585.1, the provisions of this section shall control.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":13084,"edition_id":1,"name":"Virginia Electric Utility Regulation Act","identifier":"23","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:15","date_modified":"2026-06-26 03:44:15","permalink":{"id":250597,"object_type":"structure","relational_id":13084,"identifier":"23","token":"56\/23","url":"\/56\/23\/","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":62210,"structure_id":13084,"section_number":"56-576","catch_line":"Definitions","url":"\/56-576\/","token":"56\/23\/56-576","metadata":false},{"id":79838,"structure_id":13084,"section_number":"56-577","catch_line":"Schedule for transition to retail competition; Commission authority; exemptions; pilot programs","url":"\/56-577\/","token":"56\/23\/56-577","metadata":false},{"id":69790,"structure_id":13084,"section_number":"56-577.1","catch_line":"Electric utilities; retail competition; pilot program","url":"\/56-577.1\/","token":"56\/23\/56-577.1","metadata":false},{"id":66769,"structure_id":13084,"section_number":"56-578","catch_line":"Nondiscriminatory access to transmission and distribution system","url":"\/56-578\/","token":"56\/23\/56-578","metadata":false},{"id":76158,"structure_id":13084,"section_number":"56-579","catch_line":"Regional transmission entities","url":"\/56-579\/","token":"56\/23\/56-579","metadata":false},{"id":77551,"structure_id":13084,"section_number":"56-580","catch_line":"Transmission and distribution of electric energy","url":"\/56-580\/","token":"56\/23\/56-580","metadata":false},{"id":76009,"structure_id":13084,"section_number":"56-581","catch_line":"Regulation of rates subject to Commission's jurisdiction","url":"\/56-581\/","token":"56\/23\/56-581","metadata":false},{"id":70038,"structure_id":13084,"section_number":"56-581.1","catch_line":"Repealed","url":"\/56-581.1\/","token":"56\/23\/56-581.1","metadata":false},{"id":75586,"structure_id":13084,"section_number":"56-582","catch_line":"Rate caps","url":"\/56-582\/","token":"56\/23\/56-582","metadata":false},{"id":60164,"structure_id":13084,"section_number":"56-583","catch_line":"Repealed","url":"\/56-583\/","token":"56\/23\/56-583","metadata":false},{"id":60319,"structure_id":13084,"section_number":"56-584","catch_line":"Stranded costs","url":"\/56-584\/","token":"56\/23\/56-584","metadata":false},{"id":66252,"structure_id":13084,"section_number":"56-585","catch_line":"Default service","url":"\/56-585\/","token":"56\/23\/56-585","metadata":false},{"id":67687,"structure_id":13084,"section_number":"56-585.1","catch_line":"Generation, distribution, and transmission rates after capped rates terminate or expire","url":"\/56-585.1\/","token":"56\/23\/56-585.1","metadata":false},{"id":75688,"structure_id":13084,"section_number":"56-585.1:1","catch_line":"Transitional Rate Period: review of rates, terms and conditions for utility generation facilities","url":"\/56-585.1_1\/","token":"56\/23\/56-585.1_1","metadata":false},{"id":86211,"structure_id":13084,"section_number":"56-585.1:10","catch_line":"Program for electric infrastructure serving business parks","url":"\/56-585.1_10\/","token":"56\/23\/56-585.1_10","metadata":false},{"id":82389,"structure_id":13084,"section_number":"56-585.1:11","catch_line":"Development of offshore wind capacity","url":"\/56-585.1_11\/","token":"56\/23\/56-585.1_11","metadata":false},{"id":82816,"structure_id":13084,"section_number":"56-585.1:12","catch_line":"Multi-family shared solar program","url":"\/56-585.1_12\/","token":"56\/23\/56-585.1_12","metadata":false},{"id":84410,"structure_id":13084,"section_number":"56-585.1:13","catch_line":"Recovery of costs associated with investment in transportation electrification","url":"\/56-585.1_13\/","token":"56\/23\/56-585.1_13","metadata":false},{"id":68074,"structure_id":13084,"section_number":"56-585.1:14","catch_line":"(Effective until December 31, 2029) Recovery of development costs associated with small modular reactor","url":"\/56-585.1_14\/","token":"56\/23\/56-585.1_14","metadata":false},{"id":86919,"structure_id":13084,"section_number":"56-585.1:15","catch_line":"(Effective until July 1, 2034) Recovery of development costs associated with small modular nuclear facility","url":"\/56-585.1_15\/","token":"56\/23\/56-585.1_15","metadata":false},{"id":54669,"structure_id":13084,"section_number":"56-585.1:16","catch_line":"Virtual power plant pilot program","url":"\/56-585.1_16\/","token":"56\/23\/56-585.1_16","metadata":false},{"id":68837,"structure_id":13084,"section_number":"56-585.1:2","catch_line":"Pilot program for energy assistance and weatherization","url":"\/56-585.1_2\/","token":"56\/23\/56-585.1_2","metadata":false},{"id":78934,"structure_id":13084,"section_number":"56-585.1:3","catch_line":"Pilot programs for community solar development","url":"\/56-585.1_3\/","token":"56\/23\/56-585.1_3","metadata":false},{"id":86978,"structure_id":13084,"section_number":"56-585.1:4","catch_line":"Development of solar and wind generation and energy storage capacity in the Commonwealth","url":"\/56-585.1_4\/","token":"56\/23\/56-585.1_4","metadata":false},{"id":75808,"structure_id":13084,"section_number":"56-585.1:5","catch_line":"Pilot program for underground transmission lines","url":"\/56-585.1_5\/","token":"56\/23\/56-585.1_5","metadata":false},{"id":73594,"structure_id":13084,"section_number":"56-585.1:6","catch_line":"Pilot Programs to deploy electric power storage batteries","url":"\/56-585.1_6\/","token":"56\/23\/56-585.1_6","metadata":false},{"id":73105,"structure_id":13084,"section_number":"56-585.1:7","catch_line":"Pilot program for electric generation by public schools","url":"\/56-585.1_7\/","token":"56\/23\/56-585.1_7","metadata":false},{"id":83744,"structure_id":13084,"section_number":"56-585.1:8","catch_line":"Pilot program for municipal net energy metering","url":"\/56-585.1_8\/","token":"56\/23\/56-585.1_8","metadata":false},{"id":78790,"structure_id":13084,"section_number":"56-585.1:9","catch_line":"Provision of broadband capacity to unserved areas of the Commonwealth","url":"\/56-585.1_9\/","token":"56\/23\/56-585.1_9","metadata":false},{"id":56958,"structure_id":13084,"section_number":"56-585.2","catch_line":"Repealed","url":"\/56-585.2\/","token":"56\/23\/56-585.2","metadata":false},{"id":87343,"structure_id":13084,"section_number":"56-585.3","catch_line":"Regulation of cooperative rates after rate 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sharing program","url":"\/56-596.6\/","token":"56\/23\/56-596.6","metadata":false}],"previous_section":{"id":67687,"structure_id":13084,"section_number":"56-585.1","catch_line":"Generation, distribution, and transmission rates after capped rates terminate or expire","url":"\/56-585.1\/","token":"56\/23\/56-585.1","metadata":false},"next_section":{"id":86211,"structure_id":13084,"section_number":"56-585.1:10","catch_line":"Program for electric infrastructure serving business parks","url":"\/56-585.1_10\/","token":"56\/23\/56-585.1_10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-585.1:1\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapter 6<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. 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. That modification is as follows: in 2018, chapter 296<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":62621,"section_number":"56-235.2","catch_line":"All rates, tolls, etc., to be just and reasonable to jurisdictional customers; findings and conclusions to be set forth; alternative forms of regulation for electric companies","order_by":null,"url":"\/56-235.2\/"},{"id":67793,"section_number":"56-245","catch_line":"Temporary increase in rates","order_by":null,"url":"\/56-245\/"},{"id":55635,"section_number":"56-249.6","catch_line":"Recovery of fuel and purchased power costs","order_by":null,"url":"\/56-249.6\/"},{"id":86749,"section_number":"56-36","catch_line":"Inspection of books and documents; special reports; rules and regulations to prevent unjust discrimination","order_by":null,"url":"\/56-36\/"},{"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\/"}],"permalink":{"id":250651,"object_type":"law","relational_id":75688,"identifier":"56-585.1:1","token":"56\/23\/56-585.1_1","url":"\/56-585.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-585.1_1\/","token":"56\/23\/56-585.1_1","dublin_core":{"Title":"Transitional Rate Period: review of rates, terms and conditions for utility generation facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-585.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No biennial reviews of the rates<\/span>, terms, and conditions for any service of a Phase I Utility, as defined in § 56-585.1<\/a>, shall be conducted at any time by the Commission<\/span> for the three successive 12-month test periods beginning January 1, 2014, and ending December 31, 2016. No biennial reviews of the rates<\/span>, terms, and conditions for any service of a Phase II Utility, as defined in § 56-585.1<\/a>, shall be conducted at any time by the Commission<\/span> for the two successive 12-month test periods beginning January 1, 2015, and ending December 31, 2016. Such test periods beginning January 1, 2014, and ending December 31, 2017, for a Phase I Utility, and beginning January 1, 2015, and ending December 31, 2016, for a Phase II Utility, are collectively referred to herein as the “Transitional Rate<\/span> Period.” Review of recovery of fuel and purchase power costs shall continue during the Transitional Rate<\/span> Period in accordance with § 56-249.6<\/a>. Any biennial review of the rates<\/span>, terms, and conditions for any service of a Phase II Utility occurring in 2015 during the Transitional Rate<\/span> Period shall be solely a review of the utility’s earnings on its rates<\/span> for generation and distribution services for the two 12-month test periods ending December 31, 2014, and a determination of whether any credits to customers are due for such test periods pursuant to subdivision A 8 b of § 56-585.1<\/a>. After the conclusion of the Transitional Rate<\/span> Period, reviews of the utility’s rates<\/span> for generation and distribution services shall resume for a Phase I Utility in 2020, with the first such proceeding utilizing the three successive 12-month test periods beginning January 1, 2017, and ending December 31, 2019. After the conclusion of the Transitional Rate<\/span> Period, reviews of the utility’s rates<\/span> for generation and distribution services shall resume for a Phase II Utility in 2021, with the first such proceeding utilizing the four successive 12-month test periods beginning January 1, 2017, and ending December 31, 2020. Consistent with this provision, (i) no biennial review filings shall be made by an investor-owned incumbent electric utility<\/span> in the years 2016 through 2019, inclusive, and (ii) no adjustment to an investor-owned incumbent electric utility<\/span>’s existing tariff rates<\/span>, including any rates<\/span> adopted pursuant to § 56-235.2<\/a>, shall be made between the beginning of the Transitional Rate<\/span> Period and the conclusion of the first review after the conclusion of the Transitional Rate<\/span> Period, except as may be provided pursuant to § 56-245<\/a> or 56-249.6<\/a> or subdivisions A 4, 5, or 6 of § 56-585.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> During the Transitional Rate<\/span> Period, pursuant to § 56-36<\/a>, the Commission<\/span> shall have the right at all times to inspect the books, papers and documents of any investor-owned incumbent electric utility<\/span> and to require from such companies, from time to time, special reports and statements, under oath<\/span>, concerning their business. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. Commencing in 2016 and concluding in 2018, the State Corporation<\/span> Commission<\/span>, after notice and opportunity for a hearing<\/span>, shall conduct a proceeding every two years to determine the fair rate<\/span> of return on common equity<\/span> to be used by a Phase I Utility as the general rate<\/span> of return applicable to rate<\/span> adjustment clauses under subdivisions A 5 or A 6 of \u00a7 56-585.1<\/a>. A Phase I Utility’s filing in such proceedings shall be made on or before March 31 of 2016, and 2018. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Commencing in 2017 and concluding in 2019, the State Corporation<\/span> Commission<\/span>, after notice and opportunity for a hearing<\/span>, shall conduct a proceeding every two years to determine the fair rate<\/span> of return on common equity<\/span> to be used by a Phase II Utility as the general rate<\/span> of return applicable to rate<\/span> adjustment clauses under subdivisions A 5 or A 6 of § 56-585.1<\/a>. A Phase II utility’s filing in such proceedings shall be made on or before March 31 of 2017 and 2019. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Such fair rate<\/span> of return shall be calculated pursuant to the methodology set forth in subdivisions A 2 a and b of § 56-585.1<\/a> and shall utilize the utility’s actual end-of-test-period capital structure and cost of capital, as well as a 12-month test period ending December 31 immediately preceding the year in which the proceeding is conducted. The Commission<\/span>’s final order<\/span> in such a proceeding shall be entered no later than eight months after the date of filing, with any adjustment to the fair rate<\/span> of return for applicable rate<\/span> adjustment clauses under subdivisions A 5 and 6 of § 56-585.1<\/a> taking effect on the date of the Commission<\/span>’s final order<\/span> in the proceeding, utilizing rate<\/span> adjustment clause true-up protocols as the Commission<\/span> may in its discretion determine. Such proceeding shall concern only the issue<\/span> of the determination of such fair rate<\/span> of return to be used for rate<\/span> adjustment clauses under subdivisions A 5 and 6 of § 56-585.1<\/a>, and such determination shall have no effect on rates<\/span> other than those applicable to such rate<\/span> adjustment clauses; however, after the final such proceeding for a utility has been concluded, the fair combined rate<\/span> of return on common equity<\/span> so determined therein shall also be deemed equal to the fair combined rate<\/span> of return on common equity<\/span> to be used in such utility’s first review proceeding conducted after the end of the utility’s Transitional Rate<\/span> Period to review such utility’s earnings on its rates<\/span> for generation and distribution services for the historic test periods. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In furtherance of rate<\/span> stability during the Transitional Rate<\/span> Period, any Phase II Utility carrying a prior period deferred fuel expense recovery balance on its books and records as of December 31, 2014, shall not recover from customers 50 percent of any such balance outstanding as of December 31, 2014, and the State Corporation<\/span> Commission<\/span> shall implement as soon as practicable reductions in the fuel factor rate<\/span> of any such Phase II Utility to reflect the nonrecovery of any such fuel expense as well as any reduction in the fuel factor associated with the Phase II Utility’s current period forecasted fuel expense over recovery for the 2014-2015 fuel year and projected fuel expense for the 2015-2016 fuel year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Except for early retirement plans identified by the utility in an integrated resource plan filed with the State Corporation<\/span> Commission<\/span> by September 1, 2014, for utility generation plants, an investor-owned incumbent electric utility<\/span> shall not permanently retire an electric power generation facility from service during the Transitional Rate<\/span> Period without first obtaining the approval of the State Corporation<\/span> Commission<\/span>, upon petition<\/span> from such investor-owned incumbent electric utility<\/span>, and a finding<\/span> by the State Corporation<\/span> Commission<\/span> that the retirement determination is reasonable and prudent. During the Transitional Rate<\/span> Period, an investor-owned incumbent electric utility<\/span> shall recover the following costs, as recorded per books by the utility for financial reporting purposes and accrued against income, only through its existing tariff rates<\/span> for generation or distribution services, except such costs as may be recovered pursuant to § 56-245<\/a>, § 56-249.6<\/a> or subdivisions A 4, A 5, or A 6 of § 56-585.1<\/a>: (i) costs associated with asset impairments related to early retirement determinations for utility generation facilities resulting from the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the Clean Air Act; (ii) costs associated with severe weather events; and (iii) costs associated with natural disasters. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> During the Transitional Rate<\/span> Period: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The State Corporation<\/span> Commission<\/span> shall submit a report and make recommendations to the Governor and the General Assembly annually on or before December 1 of each year assessing the updated integrated resource plan of any investor-owned incumbent electric utility<\/span>. The report shall include an analysis of, among other matters, the amount, reliability, and type of generation facilities needed to serve Virginia native load compared to what is then available to serve such load and what may be available to serve such load in the future in view of market conditions and current and pending state and federal environmental regulations. As a part of such report, the State Corporation<\/span> Commission<\/span> shall update its estimate of the impact upon electric rates<\/span> in Virginia of the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the federal Clean Air Act. The State Corporation<\/span> Commission<\/span> shall submit copies of such annual reports to the Chairman of the House Committee on Labor and Commerce, the Chairman of the Senate Committee on Commerce and Labor and the Chairman of the Commission<\/span> on Electric Utility Regulation; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The Department of Environmental Quality shall submit a report and make recommendations to the Governor and the General Assembly annually on or before December 1 of each year concerning the implementation of carbon emission guidelines for existing electric power generation facilities that the U.S. Environmental Protection Agency has issued pursuant to § 111(d) of the federal Clean Air Act. The report shall include an analysis of, among other matters, the impact of such federal regulations on the operation of any investor-owned incumbent electric utility<\/span>’s electric power generation facilities and any changes, interdiction, or suspension of such regulations. The Department of Environmental Quality shall submit copies of such annual reports to the Chairman of the House Committee on Labor and Commerce, the Chairman of the Senate Committee on Commerce and Labor and the Chairman of the Commission<\/span> on Electric Utility Regulation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The construction or purchase by an investor-owned incumbent utility of one or more generation facilities with at least one megawatt of generating capacity, and with an aggregate rated capacity that does not exceed 5,000 megawatts, including rooftop solar installations<\/span> with a capacity of not less than 50 kilowatts, and with an aggregate capacity of 50 megawatts, that use energy derived from sunlight or from wind and are located in the Commonwealth or off the Commonwealth’s Atlantic shoreline, regardless of whether any of such facilities are located within or without such utility’s service territory, is in the public interest<\/span>, and in determining whether to approve such facility, the Commission<\/span> shall liberally construe<\/span> the provisions of this section. Such utility shall utilize goods or services sourced, in whole or in part, from one or more Virginia businesses. The utility may propose a rate<\/span> adjustment clause based on a market index in lieu of a cost of service model for such facility. An investor-owned incumbent utility may enter into short-term or long-term power purchase contracts<\/span> for the power derived from sunlight generated by such generation facility prior to purchasing the generation facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> To the extent that the provisions of this section are inconsistent with the provisions of §§ 56-249.6<\/a> and 56-585.1<\/a>, the provisions of this section shall control. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSITIONAL RATE PERIOD: REVIEW OF RATES, TERMS AND CONDITIONS FOR UTILITY\nGENERATION FACILITIES (\u00a7 56-585.1:1)\n\nA. No biennial reviews of the rates, terms, and conditions for any service of a\nPhase I Utility, as defined in § 56-585.1, shall be conducted at any time\nby the Commission for the three successive 12-month test periods beginning\nJanuary 1, 2014, and ending December 31, 2016. No biennial reviews of the rates,\nterms, and conditions for any service of a Phase II Utility, as defined in\n§ 56-585.1, shall be conducted at any time by the Commission for the two\nsuccessive 12-month test periods beginning January 1, 2015, and ending December\n31, 2016. Such test periods beginning January 1, 2014, and ending December 31,\n2017, for a Phase I Utility, and beginning January 1, 2015, and ending December\n31, 2016, for a Phase II Utility, are collectively referred to herein as the\n“Transitional Rate Period.” Review of recovery of fuel and purchase\npower costs shall continue during the Transitional Rate Period in accordance\nwith § 56-249.6. Any biennial review of the rates, terms, and conditions\nfor any service of a Phase II Utility occurring in 2015 during the Transitional\nRate Period shall be solely a review of the utility’s earnings on its\nrates for generation and distribution services for the two 12-month test periods\nending December 31, 2014, and a determination of whether any credits to\ncustomers are due for such test periods pursuant to subdivision A 8 b of §\n56-585.1. After the conclusion of the Transitional Rate Period, reviews of the\nutility’s rates for generation and distribution services shall resume for\na Phase I Utility in 2020, with the first such proceeding utilizing the three\nsuccessive 12-month test periods beginning January 1, 2017, and ending December\n31, 2019. After the conclusion of the Transitional Rate Period, reviews of the\nutility’s rates for generation and distribution services shall resume for\na Phase II Utility in 2021, with the first such proceeding utilizing the four\nsuccessive 12-month test periods beginning January 1, 2017, and ending December\n31, 2020. Consistent with this provision, (i) no biennial review filings shall\nbe made by an investor-owned incumbent electric utility in the years 2016\nthrough 2019, inclusive, and (ii) no adjustment to an investor-owned incumbent\nelectric utility’s existing tariff rates, including any rates adopted\npursuant to § 56-235.2, shall be made between the beginning of the\nTransitional Rate Period and the conclusion of the first review after the\nconclusion of the Transitional Rate Period, except as may be provided pursuant\nto § 56-245 or 56-249.6 or subdivisions A 4, 5, or 6 of § 56-585.1.\n\nB. During the Transitional Rate Period, pursuant to § 56-36, the Commission\nshall have the right at all times to inspect the books, papers and documents of\nany investor-owned incumbent electric utility and to require from such\ncompanies, from time to time, special reports and statements, under oath,\nconcerning their business.\n\nC. 1. Commencing in 2016 and concluding in 2018, the State Corporation\nCommission, after notice and opportunity for a hearing, shall conduct a\nproceeding every two years to determine the fair rate of return on common equity\nto be used by a Phase I Utility as the general rate of return applicable to rate\nadjustment clauses under subdivisions A 5 or A 6 of \u00a7 56-585.1. A Phase I\nUtility’s filing in such proceedings shall be made on or before March 31\nof 2016, and 2018.\n\n 2. Commencing in 2017 and concluding in 2019, the State Corporation\n Commission, after notice and opportunity for a hearing, shall conduct a\n proceeding every two years to determine the fair rate of return on common\n equity to be used by a Phase II Utility as the general rate of return\n applicable to rate adjustment clauses under subdivisions A 5 or A 6 of §\n 56-585.1. A Phase II utility’s filing in such proceedings shall be made\n on or before March 31 of 2017 and 2019.\n\n 3. Such fair rate of return shall be calculated pursuant to the methodology\n set forth in subdivisions A 2 a and b of § 56-585.1 and shall utilize the\n utility’s actual end-of-test-period capital structure and cost of\n capital, as well as a 12-month test period ending December 31 immediately\n preceding the year in which the proceeding is conducted. The\n Commission’s final order in such a proceeding shall be entered no later\n than eight months after the date of filing, with any adjustment to the fair\n rate of return for applicable rate adjustment clauses under subdivisions A 5\n and 6 of § 56-585.1 taking effect on the date of the Commission’s\n final order in the proceeding, utilizing rate adjustment clause true-up\n protocols as the Commission may in its discretion determine. Such proceeding\n shall concern only the issue of the determination of such fair rate of return\n to be used for rate adjustment clauses under subdivisions A 5 and 6 of §\n 56-585.1, and such determination shall have no effect on rates other than\n those applicable to such rate adjustment clauses; however, after the final\n such proceeding for a utility has been concluded, the fair combined rate of\n return on common equity so determined therein shall also be deemed equal to\n the fair combined rate of return on common equity to be used in such\n utility’s first review proceeding conducted after the end of the\n utility’s Transitional Rate Period to review such utility’s\n earnings on its rates for generation and distribution services for the\n historic test periods.\n\nD. In furtherance of rate stability during the Transitional Rate Period, any\nPhase II Utility carrying a prior period deferred fuel expense recovery balance\non its books and records as of December 31, 2014, shall not recover from\ncustomers 50 percent of any such balance outstanding as of December 31, 2014,\nand the State Corporation Commission shall implement as soon as practicable\nreductions in the fuel factor rate of any such Phase II Utility to reflect the\nnonrecovery of any such fuel expense as well as any reduction in the fuel factor\nassociated with the Phase II Utility’s current period forecasted fuel\nexpense over recovery for the 2014-2015 fuel year and projected fuel expense for\nthe 2015-2016 fuel year.\n\nE. Except for early retirement plans identified by the utility in an integrated\nresource plan filed with the State Corporation Commission by September 1, 2014,\nfor utility generation plants, an investor-owned incumbent electric utility\nshall not permanently retire an electric power generation facility from service\nduring the Transitional Rate Period without first obtaining the approval of the\nState Corporation Commission, upon petition from such investor-owned incumbent\nelectric utility, and a finding by the State Corporation Commission that the\nretirement determination is reasonable and prudent. During the Transitional Rate\nPeriod, an investor-owned incumbent electric utility shall recover the following\ncosts, as recorded per books by the utility for financial reporting purposes and\naccrued against income, only through its existing tariff rates for generation or\ndistribution services, except such costs as may be recovered pursuant to §\n56-245, § 56-249.6 or subdivisions A 4, A 5, or A 6 of § 56-585.1: (i)\ncosts associated with asset impairments related to early retirement\ndeterminations for utility generation facilities resulting from the\nimplementation of carbon emission guidelines for existing electric power\ngeneration facilities that the U.S. Environmental Protection Agency has issued\npursuant to § 111(d) of the Clean Air Act; (ii) costs associated with\nsevere weather events; and (iii) costs associated with natural disasters.\n\nF. During the Transitional Rate Period:\n\n 1. The State Corporation Commission shall submit a report and make\n recommendations to the Governor and the General Assembly annually on or before\n December 1 of each year assessing the updated integrated resource plan of any\n investor-owned incumbent electric utility. The report shall include an\n analysis of, among other matters, the amount, reliability, and type of\n generation facilities needed to serve Virginia native load compared to what is\n then available to serve such load and what may be available to serve such load\n in the future in view of market conditions and current and pending state and\n federal environmental regulations. As a part of such report, the State\n Corporation Commission shall update its estimate of the impact upon electric\n rates in Virginia of the implementation of carbon emission guidelines for\n existing electric power generation facilities that the U.S. Environmental\n Protection Agency has issued pursuant to § 111(d) of the federal Clean\n Air Act. The State Corporation Commission shall submit copies of such annual\n reports to the Chairman of the House Committee on Labor and Commerce, the\n Chairman of the Senate Committee on Commerce and Labor and the Chairman of the\n Commission on Electric Utility Regulation; and\n\n 2. The Department of Environmental Quality shall submit a report and make\n recommendations to the Governor and the General Assembly annually on or before\n December 1 of each year concerning the implementation of carbon emission\n guidelines for existing electric power generation facilities that the U.S.\n Environmental Protection Agency has issued pursuant to § 111(d) of the\n federal Clean Air Act. The report shall include an analysis of, among other\n matters, the impact of such federal regulations on the operation of any\n investor-owned incumbent electric utility’s electric power generation\n facilities and any changes, interdiction, or suspension of such regulations.\n The Department of Environmental Quality shall submit copies of such annual\n reports to the Chairman of the House Committee on Labor and Commerce, the\n Chairman of the Senate Committee on Commerce and Labor and the Chairman of the\n Commission on Electric Utility Regulation.\n\nG. The construction or purchase by an investor-owned incumbent utility of one or\nmore generation facilities with at least one megawatt of generating capacity,\nand with an aggregate rated capacity that does not exceed 5,000 megawatts,\nincluding rooftop solar installations with a capacity of not less than 50\nkilowatts, and with an aggregate capacity of 50 megawatts, that use energy\nderived from sunlight or from wind and are located in the Commonwealth or off\nthe Commonwealth’s Atlantic shoreline, regardless of whether any of such\nfacilities are located within or without such utility’s service territory,\nis in the public interest, and in determining whether to approve such facility,\nthe Commission shall liberally construe the provisions of this section. Such\nutility shall utilize goods or services sourced, in whole or in part, from one\nor more Virginia businesses. The utility may propose a rate adjustment clause\nbased on a market index in lieu of a cost of service model for such facility. An\ninvestor-owned incumbent utility may enter into short-term or long-term power\npurchase contracts for the power derived from sunlight generated by such\ngeneration facility prior to purchasing the generation facility.\n\nH. To the extent that the provisions of this section are inconsistent with the\nprovisions of §§ 56-249.6 and 56-585.1, the provisions of this section\nshall control.\n\nHISTORY: 2015, c. 6; 2018, c. 296.","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}}