{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-586.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-586.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-586.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-586.1.html"}],"law_id":60930,"edition_id":1,"section_id":60930,"structure_id":13084,"section_number":"56-586.1","catch_line":"Electric energy emergencies","history":"2002, c. 609.","full_text":"A\n\nAs used in this section, &#8220;electric energy emergency&#8221; means an unplanned interruption in the generation or transmission of electricity resulting from a hurricane, ice storm, windstorm, earthquake or similar natural phenomena, or from a criminal act affecting such generation or transmission, act of war or act of terrorism, which interruption is (i) of such severity that minimum levels of reliable service cannot be maintained using resources practicably obtainable from the market and (ii) so imminently and substantially threatening to the health, safety or welfare of residents of this Commonwealth that immediate action of state government is necessary to prevent loss of life, protect the public health or safety, and prevent unnecessary or avoidable damage to property.B\n\nThe Governor is authorized, after finding that an electric energy emergency exists and that appropriate federal and state agencies and appropriate reliability councils cannot adequately address such emergency, to declare an electric energy emergency by filing a written declaration with the Secretary of the Commonwealth. The declaration shall state the counties and cities or utility service areas of the Commonwealth in which the declaration is applicable, or its statewide application. A declared electric energy emergency shall go into immediate effect upon filing and continue in effect for the period prescribed in the declaration, but not more than thirty days. At the end of the prescribed period, the Governor may issue another declaration extending the emergency. The Governor shall terminate such declaration as soon as the basis for such declaration no longer exists.C\n\nDuring a declared electric energy emergency, the Governor is authorized, in compliance with guidelines of the Department of Emergency Services promulgated as provided in subsection G, to require any generator or any municipal electric utility that is capable of generating but (i) is not generating or (ii) is not generating at its full potential during such declared electric emergency, to generate, dispatch or sell electricity from a facility that it operates within the Commonwealth, to the Commonwealth for distribution within the areas of the Commonwealth designated in the declaration. The quantity of electricity required to be generated, dispatched or sold, and the duration of such requirements, shall be as determined by the Governor to be necessary to alleviate the electric energy emergency hardship. The Commonwealth shall compensate an entity required to generate, dispatch, or sell electricity pursuant to this subsection, and the operator of any transmission facilities over which the electricity is transmitted, in the manner provided in &#xA7; 56-522, mutatis mutandis, unless otherwise provided by federal law. The Department of Environmental Quality, the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board shall issue any temporary or emergency permit, order, or variance necessary to authorize any permit amendments or other changes needed to meet the requirements imposed under this section and the Governor may petition the President to declare a regional energy emergency under 42 U.S.C. &#xA7; 7410 (f) as necessary to suspend enforcement of any provision of the federal Clean Air Act. Any increased operation required during such declared emergency shall not be counted towards the number of hours of operation allowed during the year. No civil charges or penalties shall be imposed for any violation that occurs as a result of actions taken that are necessary for the required generation, dispatch or sale during the declared electric energy emergency. The foregoing provisions shall apply to all actions the entity takes in connection with such required generation, dispatch or sale during the period of the declared emergency.D\n\nDuring a declared electric energy emergency, the Governor may use the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the Commonwealth, and of the political subdivisions thereof, to the maximum extent practicable and necessary to meet the electric energy emergency. The officers and personnel of all such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor upon request.E\n\nDuring a declared electric energy emergency, the Governor is authorized to request the Secretary of the United States Department of Energy to invoke section 202(C) of the Federal Power Act, 16 U.S.C. &#xA7; 824a (1935).F\n\nThe General Assembly is authorized by joint resolution to terminate any declaration of an electric energy emergency. The emergency shall be terminated at the time of filing of the joint resolution with the Secretary of the Commonwealth.G\n\nThe Department of Emergency Services, in consultation with the Commission and the Secretary of Commerce and Trade, shall establish guidelines for the implementation of the Governor&#8217;s powers pursuant to subsection C that protect the public health and safety and prevent unnecessary or avoidable damage to property with a minimum of economic disruption to generators, transmitters and distributors of electricity. Such guidelines shall:1\n\nDefine various foreseeable levels of electric energy emergencies and specify appropriate measures to be taken for each type of electric energy emergency as necessary to protect the public health or safety or prevent unnecessary or avoidable damage to property;2\n\nPrescribe appropriate response measures for each level of electric energy emergency; and3\n\nEquitably distribute the burdens and benefits resulting from the implementation of this section among other members of the affected class of persons within all geographic regions of the Commonwealth.H\n\nDuring a declared electric energy emergency, the attorney general may bring an action for injunctive or other appropriate relief in the Circuit Court of the City of Richmond to secure prompt compliance. The court may issue an ex parte temporary order without notice that shall enforce the prohibitions, restrictions or actions that are necessary to secure compliance with the guideline, order or declaration.I\n\nDuring a declared electric energy emergency, no person shall intentionally violate any guideline adopted or declaration issued pursuant to this section. Any person who violates this section is guilty of a Class 1 misdemeanor.","order_by":null,"text":{"0":{"id":222855,"text":"As used in this section, &#8220;electric energy emergency&#8221; means an unplanned interruption in the generation or transmission of electricity resulting from a hurricane, ice storm, windstorm, earthquake or similar natural phenomena, or from a criminal act affecting such generation or transmission, act of war or act of terrorism, which interruption is (i) of such severity that minimum levels of reliable service cannot be maintained using resources practicably obtainable from the market and (ii) so imminently and substantially threatening to the health, safety or welfare of residents of this Commonwealth that immediate action of state government is necessary to prevent loss of life, protect the public health or safety, and prevent unnecessary or avoidable damage to property.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222856,"text":"The Governor is authorized, after finding that an electric energy emergency exists and that appropriate federal and state agencies and appropriate reliability councils cannot adequately address such emergency, to declare an electric energy emergency by filing a written declaration with the Secretary of the Commonwealth. The declaration shall state the counties and cities or utility service areas of the Commonwealth in which the declaration is applicable, or its statewide application. A declared electric energy emergency shall go into immediate effect upon filing and continue in effect for the period prescribed in the declaration, but not more than thirty days. At the end of the prescribed period, the Governor may issue another declaration extending the emergency. The Governor shall terminate such declaration as soon as the basis for such declaration no longer exists.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222857,"text":"During a declared electric energy emergency, the Governor is authorized, in compliance with guidelines of the Department of Emergency Services promulgated as provided in subsection G, to require any generator or any municipal electric utility that is capable of generating but (i) is not generating or (ii) is not generating at its full potential during such declared electric emergency, to generate, dispatch or sell electricity from a facility that it operates within the Commonwealth, to the Commonwealth for distribution within the areas of the Commonwealth designated in the declaration. The quantity of electricity required to be generated, dispatched or sold, and the duration of such requirements, shall be as determined by the Governor to be necessary to alleviate the electric energy emergency hardship. The Commonwealth shall compensate an entity required to generate, dispatch, or sell electricity pursuant to this subsection, and the operator of any transmission facilities over which the electricity is transmitted, in the manner provided in &#xA7; 56-522, mutatis mutandis, unless otherwise provided by federal law. The Department of Environmental Quality, the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board shall issue any temporary or emergency permit, order, or variance necessary to authorize any permit amendments or other changes needed to meet the requirements imposed under this section and the Governor may petition the President to declare a regional energy emergency under 42 U.S.C. &#xA7; 7410 (f) as necessary to suspend enforcement of any provision of the federal Clean Air Act. Any increased operation required during such declared emergency shall not be counted towards the number of hours of operation allowed during the year. No civil charges or penalties shall be imposed for any violation that occurs as a result of actions taken that are necessary for the required generation, dispatch or sale during the declared electric energy emergency. The foregoing provisions shall apply to all actions the entity takes in connection with such required generation, dispatch or sale during the period of the declared emergency.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222858,"text":"During a declared electric energy emergency, the Governor may use the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the Commonwealth, and of the political subdivisions thereof, to the maximum extent practicable and necessary to meet the electric energy emergency. The officers and personnel of all such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor upon request.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":222859,"text":"During a declared electric energy emergency, the Governor is authorized to request the Secretary of the United States Department of Energy to invoke section 202(C) of the Federal Power Act, 16 U.S.C. &#xA7; 824a (1935).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":222860,"text":"The General Assembly is authorized by joint resolution to terminate any declaration of an electric energy emergency. The emergency shall be terminated at the time of filing of the joint resolution with the Secretary of the Commonwealth.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":222861,"text":"The Department of Emergency Services, in consultation with the Commission and the Secretary of Commerce and Trade, shall establish guidelines for the implementation of the Governor&#8217;s powers pursuant to subsection C that protect the public health and safety and prevent unnecessary or avoidable damage to property with a minimum of economic disruption to generators, transmitters and distributors of electricity. Such guidelines shall:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"7":{"id":222862,"text":"Define various foreseeable levels of electric energy emergencies and specify appropriate measures to be taken for each type of electric energy emergency as necessary to protect the public health or safety or prevent unnecessary or avoidable damage to property;","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"8":{"id":222863,"text":"Prescribe appropriate response measures for each level of electric energy emergency; and","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"9":{"id":222864,"text":"Equitably distribute the burdens and benefits resulting from the implementation of this section among other members of the affected class of persons within all geographic regions of the Commonwealth.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"H"},"10":{"id":222865,"text":"During a declared electric energy emergency, the attorney general may bring an action for injunctive or other appropriate relief in the Circuit Court of the City of Richmond to secure prompt compliance. The court may issue an ex parte temporary order without notice that shall enforce the prohibitions, restrictions or actions that are necessary to secure compliance with the guideline, order or declaration.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G3","next_prefix":"I"},"11":{"id":222866,"text":"During a declared electric energy emergency, no person shall intentionally violate any guideline adopted or declaration issued pursuant to this section. Any person who violates this section is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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 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customers","url":"\/56-596.2_2\/","token":"56\/23\/56-596.2_2","metadata":false},{"id":71672,"structure_id":13084,"section_number":"56-596.3","catch_line":"Electric generation, transmission, and distribution; report","url":"\/56-596.3\/","token":"56\/23\/56-596.3","metadata":false},{"id":54473,"structure_id":13084,"section_number":"56-596.4","catch_line":"Electric utilities; local reliability data","url":"\/56-596.4\/","token":"56\/23\/56-596.4","metadata":false},{"id":75595,"structure_id":13084,"section_number":"56-596.5","catch_line":"Rate increases in certain months prohibited; Phase I Utility","url":"\/56-596.5\/","token":"56\/23\/56-596.5","metadata":false},{"id":80765,"structure_id":13084,"section_number":"56-596.6","catch_line":"Distribution cost sharing program","url":"\/56-596.6\/","token":"56\/23\/56-596.6","metadata":false}],"previous_section":{"id":78391,"structure_id":13084,"section_number":"56-586","catch_line":"Emergency service provider","url":"\/56-586\/","token":"56\/23\/56-586","metadata":false},"next_section":{"id":63919,"structure_id":13084,"section_number":"56-587","catch_line":"Licensure of retail electric energy suppliers and persons providing other competitive services","url":"\/56-587\/","token":"56\/23\/56-587","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-586.1\/","history_text":"<p>This law was first created in 2002. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0609\">609<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":64051,"section_number":"56-522","catch_line":"Compensation to utility","order_by":null,"url":"\/56-522\/"}],"permalink":{"id":250747,"object_type":"law","relational_id":60930,"identifier":"56-586.1","token":"56\/23\/56-586.1","url":"\/56-586.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-586.1\/","token":"56\/23\/56-586.1","dublin_core":{"Title":"Electric energy emergencies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-586.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section, &#8220;<span class=\"dictionary\">electric energy emergency<\/span>&#8221; means an unplanned interruption in the generation or transmission of electricity resulting from a hurricane, ice storm, windstorm, earthquake or similar natural phenomena, or from a criminal act affecting such generation or transmission, act of war or act of terrorism, which interruption is (i) of such severity that minimum levels of reliable service cannot be maintained using resources practicably obtainable from the market and (ii) so imminently and substantially threatening to the health, safety or welfare of residents of this Commonwealth that immediate action of state government is necessary to prevent loss of life, protect the public health or safety, and prevent unnecessary or avoidable damage to property. <a id=\"paragraph-222855\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The Governor is authorized, after <span class=\"dictionary\">finding<\/span> that an <span class=\"dictionary\">electric energy emergency<\/span> exists and that appropriate federal and state agencies and appropriate reliability councils cannot adequately address such emergency, to declare an <span class=\"dictionary\">electric energy emergency<\/span> by filing a written declaration with the Secretary of the Commonwealth. The declaration shall state the counties and cities or utility service areas of the Commonwealth in which the declaration is applicable, or its statewide application. A declared <span class=\"dictionary\">electric energy emergency<\/span> shall go into immediate effect upon filing and continue in effect for the period prescribed in the declaration, but not more than thirty days. At the end of the prescribed period, the Governor may <span class=\"dictionary\">issue<\/span> another declaration extending the emergency. The Governor shall terminate such declaration as soon as the basis for such declaration no longer exists. <a id=\"paragraph-222856\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> During a declared <span class=\"dictionary\">electric energy emergency<\/span>, the Governor is authorized, in compliance with guidelines of the Department of Emergency Services promulgated as provided in subsection G, to require any <span class=\"dictionary\">generator<\/span> or any municipal <span class=\"dictionary\">electric utility<\/span> that is capable of generating but (i) is not generating or (ii) is not generating at its full potential during such declared electric emergency, to generate, dispatch or sell electricity from a facility that it operates within the Commonwealth, to the Commonwealth for distribution within the areas of the Commonwealth designated in the declaration. The quantity of electricity required to be generated, dispatched or sold, and the duration of such requirements, shall be as determined by the Governor to be necessary to alleviate the <span class=\"dictionary\">electric energy emergency<\/span> hardship. The Commonwealth shall compensate an entity required to generate, dispatch, or sell electricity pursuant to this subsection, and the operator of any transmission facilities over which the electricity is transmitted, in the manner provided in &#xA7; <a class=\"law\" title=\"Compensation to utility\" href=\"\/56-522\/\">56-522<\/a>, <span class=\"dictionary\">mutatis mutandis<\/span>, unless otherwise provided by federal <span class=\"dictionary\">law<\/span>. The Department of Environmental Quality, the State Air Pollution Control Board, the State Water Control Board, and the Virginia Waste Management Board shall <span class=\"dictionary\">issue<\/span> any temporary or emergency permit, <span class=\"dictionary\">order<\/span>, or variance necessary to authorize any permit amendments or other changes needed to meet the requirements imposed under this section and the Governor may <span class=\"dictionary\">petition<\/span> the President to declare a regional energy emergency under 42 U.S.C. &#xA7; 7410 (f) as necessary to suspend enforcement of any provision of the federal Clean Air Act. Any increased operation required during such declared emergency shall not be counted towards the number of hours of operation allowed during the year. No civil charges or penalties shall be imposed for any violation that occurs as a result of actions taken that are necessary for the required generation, dispatch or sale during the declared <span class=\"dictionary\">electric energy emergency<\/span>. The foregoing provisions shall apply to all actions the entity takes in connection with such required generation, dispatch or sale during the period of the declared emergency. <a id=\"paragraph-222857\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> During a declared <span class=\"dictionary\">electric energy emergency<\/span>, the Governor may use the services, equipment, supplies, and facilities of existing departments, offices, and agencies of the Commonwealth, and of the political subdivisions thereof, to the maximum extent practicable and necessary to meet the <span class=\"dictionary\">electric energy emergency<\/span>. The officers and personnel of all such departments, offices, and agencies shall cooperate with and extend such services and facilities to the Governor upon request. <a id=\"paragraph-222858\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> During a declared <span class=\"dictionary\">electric energy emergency<\/span>, the Governor is authorized to request the Secretary of the United States Department of Energy to invoke section 202(C) of the Federal Power Act, 16 U.S.C. &#xA7; 824a (1935). <a id=\"paragraph-222859\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The General Assembly is authorized by joint resolution to terminate any declaration of an <span class=\"dictionary\">electric energy emergency<\/span>. The emergency shall be terminated at the time of filing of the joint resolution with the Secretary of the Commonwealth. <a id=\"paragraph-222860\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> The Department of Emergency Services, in consultation with the <span class=\"dictionary\">Commission<\/span> and the Secretary of Commerce and Trade, shall establish guidelines for the implementation of the Governor&#8217;s powers pursuant to subsection C that protect the public health and safety and prevent unnecessary or avoidable damage to property with a minimum of economic disruption to <span class=\"dictionary\">generators<\/span>, transmitters and <span class=\"dictionary\">distributors<\/span> of electricity. Such guidelines shall: <a id=\"paragraph-222861\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Define various foreseeable levels of electric energy emergencies and specify appropriate measures to be taken for each type of <span class=\"dictionary\">electric energy emergency<\/span> as necessary to protect the public health or safety or prevent unnecessary or avoidable damage to property; <a id=\"paragraph-222862\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#G1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Prescribe appropriate response measures for each level of <span class=\"dictionary\">electric energy emergency<\/span>; and <a id=\"paragraph-222863\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#G2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Equitably distribute the burdens and benefits resulting from the implementation of this section among other members of the affected class of <span class=\"dictionary\">persons<\/span> within all geographic regions of the Commonwealth. <a id=\"paragraph-222864\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#G3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"H\"><p><span class=\"prefix-number\">H.<\/span> During a declared <span class=\"dictionary\">electric energy emergency<\/span>, the <span class=\"dictionary\">attorney general<\/span> may bring an action for injunctive or other appropriate relief in the <span class=\"dictionary\">Circuit<\/span> <span class=\"dictionary\">Court<\/span> of the City of Richmond to secure prompt compliance. The <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">issue<\/span> an <span class=\"dictionary\">ex parte<\/span> temporary <span class=\"dictionary\">order<\/span> without notice that shall enforce the prohibitions, restrictions or actions that are necessary to secure compliance with the guideline, <span class=\"dictionary\">order<\/span> or declaration. <a id=\"paragraph-222865\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#H\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"I\"><p><span class=\"prefix-number\">I.<\/span> During a declared <span class=\"dictionary\">electric energy emergency<\/span>, no <span class=\"dictionary\">person<\/span> shall intentionally violate any guideline adopted or declaration issued pursuant to this section. Any <span class=\"dictionary\">person<\/span> who violates this section is guilty of a Class 1 <span class=\"dictionary\">misdemeanor<\/span>. <a id=\"paragraph-222866\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/56-586.1\/#I\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nELECTRIC ENERGY EMERGENCIES (\u00a7 56-586.1)\n\nA. As used in this section, &#8220;electric energy emergency&#8221; means an\nunplanned interruption in the generation or transmission of electricity\nresulting from a hurricane, ice storm, windstorm, earthquake or similar natural\nphenomena, or from a criminal act affecting such generation or transmission, act\nof war or act of terrorism, which interruption is (i) of such severity that\nminimum levels of reliable service cannot be maintained using resources\npracticably obtainable from the market and (ii) so imminently and substantially\nthreatening to the health, safety or welfare of residents of this Commonwealth\nthat immediate action of state government is necessary to prevent loss of life,\nprotect the public health or safety, and prevent unnecessary or avoidable damage\nto property.\n\nB. The Governor is authorized, after finding that an electric energy emergency\nexists and that appropriate federal and state agencies and appropriate\nreliability councils cannot adequately address such emergency, to declare an\nelectric energy emergency by filing a written declaration with the Secretary of\nthe Commonwealth. The declaration shall state the counties and cities or utility\nservice areas of the Commonwealth in which the declaration is applicable, or its\nstatewide application. A declared electric energy emergency shall go into\nimmediate effect upon filing and continue in effect for the period prescribed in\nthe declaration, but not more than thirty days. At the end of the prescribed\nperiod, the Governor may issue another declaration extending the emergency. The\nGovernor shall terminate such declaration as soon as the basis for such\ndeclaration no longer exists.\n\nC. During a declared electric energy emergency, the Governor is authorized, in\ncompliance with guidelines of the Department of Emergency Services promulgated\nas provided in subsection G, to require any generator or any municipal electric\nutility that is capable of generating but (i) is not generating or (ii) is not\ngenerating at its full potential during such declared electric emergency, to\ngenerate, dispatch or sell electricity from a facility that it operates within\nthe Commonwealth, to the Commonwealth for distribution within the areas of the\nCommonwealth designated in the declaration. The quantity of electricity required\nto be generated, dispatched or sold, and the duration of such requirements,\nshall be as determined by the Governor to be necessary to alleviate the electric\nenergy emergency hardship. The Commonwealth shall compensate an entity required\nto generate, dispatch, or sell electricity pursuant to this subsection, and the\noperator of any transmission facilities over which the electricity is\ntransmitted, in the manner provided in &#xA7; 56-522, mutatis mutandis, unless\notherwise provided by federal law. The Department of Environmental Quality, the\nState Air Pollution Control Board, the State Water Control Board, and the\nVirginia Waste Management Board shall issue any temporary or emergency permit,\norder, or variance necessary to authorize any permit amendments or other changes\nneeded to meet the requirements imposed under this section and the Governor may\npetition the President to declare a regional energy emergency under 42 U.S.C.\n&#xA7; 7410 (f) as necessary to suspend enforcement of any provision of the\nfederal Clean Air Act. Any increased operation required during such declared\nemergency shall not be counted towards the number of hours of operation allowed\nduring the year. No civil charges or penalties shall be imposed for any\nviolation that occurs as a result of actions taken that are necessary for the\nrequired generation, dispatch or sale during the declared electric energy\nemergency. The foregoing provisions shall apply to all actions the entity takes\nin connection with such required generation, dispatch or sale during the period\nof the declared emergency.\n\nD. During a declared electric energy emergency, the Governor may use the\nservices, equipment, supplies, and facilities of existing departments, offices,\nand agencies of the Commonwealth, and of the political subdivisions thereof, to\nthe maximum extent practicable and necessary to meet the electric energy\nemergency. The officers and personnel of all such departments, offices, and\nagencies shall cooperate with and extend such services and facilities to the\nGovernor upon request.\n\nE. During a declared electric energy emergency, the Governor is authorized to\nrequest the Secretary of the United States Department of Energy to invoke\nsection 202(C) of the Federal Power Act, 16 U.S.C. &#xA7; 824a (1935).\n\nF. The General Assembly is authorized by joint resolution to terminate any\ndeclaration of an electric energy emergency. The emergency shall be terminated\nat the time of filing of the joint resolution with the Secretary of the\nCommonwealth.\n\nG. The Department of Emergency Services, in consultation with the Commission and\nthe Secretary of Commerce and Trade, shall establish guidelines for the\nimplementation of the Governor&#8217;s powers pursuant to subsection C that\nprotect the public health and safety and prevent unnecessary or avoidable damage\nto property with a minimum of economic disruption to generators, transmitters\nand distributors of electricity. Such guidelines shall:\n\n   1. Define various foreseeable levels of electric energy emergencies and\n   specify appropriate measures to be taken for each type of electric energy\n   emergency as necessary to protect the public health or safety or prevent\n   unnecessary or avoidable damage to property;\n\n   2. Prescribe appropriate response measures for each level of electric energy\n   emergency; and\n\n   3. Equitably distribute the burdens and benefits resulting from the\n   implementation of this section among other members of the affected class of\n   persons within all geographic regions of the Commonwealth.\n\nH. During a declared electric energy emergency, the attorney general may bring\nan action for injunctive or other appropriate relief in the Circuit Court of the\nCity of Richmond to secure prompt compliance. The court may issue an ex parte\ntemporary order without notice that shall enforce the prohibitions, restrictions\nor actions that are necessary to secure compliance with the guideline, order or\ndeclaration.\n\nI. During a declared electric energy emergency, no person shall intentionally\nviolate any guideline adopted or declaration issued pursuant to this section.\nAny person who violates this section is guilty of a Class 1 misdemeanor.\n\nHISTORY: 2002, c. 609.","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}}