<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>62516</law_id><section_number>56-235.9</section_number><catch_line>Recovery of funds used for capital projects prior to a rate case for strategic natural gas facilities</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="10">Heat, Light, Power, Water and Other Utility Companies Generally</unit><unit label="article" level="3" order_by="1" identifier="2">Services, Rates, Charges, Etc</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> As used in this section:
			&#x201C;<span class="dictionary">Capitalized carrying cost</span>&#x201D; includes the return on the investment, depreciation, and tax.
			&#x201C;<span class="dictionary">Natural gas transmission company</span>&#x201D; means any investor-owned <span class="dictionary">public service company</span> engaged in the business of transporting natural gas to more than one electric utility, <span class="dictionary">natural gas utility</span>, or non-jurisdictional customer.
			&#x201C;<span class="dictionary">Natural gas utility</span>&#x201D; means any investor-owned <span class="dictionary">public service company</span> engaged in the business of furnishing natural gas service to the public.
			&#x201C;Strategic natural gas facility&#x201D; includes, without limitation, a natural gas distribution or transmission pipeline, storage facility, compressor station, liquefied natural gas facility, peaking facility or other appurtenant facility, used to furnish natural gas service in the Commonwealth that, for a <span class="dictionary">natural gas utility</span> with fewer than 150,000 customers, adds stand-alone design day deliverability or designed send-out of at least 10,000 dekaTherms per day or two or more such facilities, regardless of size, that add design day deliverability or designed send out of at least 75,000 dekaTherms per day in the aggregate, and for a <span class="dictionary">natural gas utility</span> with 150,000 or more customers, adds stand-alone design day deliverability or designed send out of at least 20,000 dekaTherms per day or two or more such facilities, regardless of size, that add design day deliverability or designed send out of at least 100,000 dekaTherms per day in the aggregate, and for a <span class="dictionary">natural gas transmission company</span>, adds design day deliverability or designed send out of at least 100,000 dekaTherms per day in the aggregate. <a id="paragraph-227972" class="section-permalink" href="https://vacode.org/56-235.9/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Any <span class="dictionary">natural gas utility</span> that places a strategic natural gas facility into service on or after July 1, 2008, or <span class="dictionary">natural gas transmission company</span> that places a strategic natural gas facility into service on or after July 1, 2014, to serve its customers shall have the right to recover through its <span class="dictionary">rates</span> charged to those customers the entire prudently incurred costs of the facility including: planning, development and construction costs; costs of infrastructure associated therewith; an allowance for funds used during construction; and the <span class="dictionary">capitalized carrying cost</span> from the time construction is completed and the asset is placed into service until the time that the <span class="dictionary">Commission</span> establishes new <span class="dictionary">rates</span> that include recovery of all costs as defined herein. Such recovery shall be permitted by allowing such costs to be recorded in the utility&#x2019;s plant accounts and included in <span class="dictionary">rate</span> base for purposes of cost recovery (i) in new <span class="dictionary">rate</span> <span class="dictionary">schedules</span> for service not offered under existing <span class="dictionary">rate</span> <span class="dictionary">schedules</span> or new <span class="dictionary">rate</span> <span class="dictionary">schedules</span> for expansion of existing services as permitted by &#xA7; <a class="law" title="Prohibition of multiple rate increases within any twelve-month period; exception" href="/56-235.4/">56-235.4</a>, (ii) in a <span class="dictionary">rate</span> case using the cost of service methodology set forth in &#xA7; <a class="law" title="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" href="/56-235.2/">56-235.2</a>, or (iii) in a performance-based regulation plan authorized by &#xA7; <a class="law" title="Optional performance-based regulation of certain utilities" href="/56-235.6/">56-235.6</a>, subject to <span class="dictionary">Commission</span> determination that such costs were prudently incurred. The allowance for funds used during construction and the return on investment shall be calculated utilizing the weighted average cost of capital, including the cost of debt and cost of <span class="dictionary">equity</span> used in determining the <span class="dictionary">natural gas utility</span>&#x2019;s base <span class="dictionary">rates</span> in effect during the construction period of the strategic natural gas facility. <a id="paragraph-227973" class="section-permalink" href="https://vacode.org/56-235.9/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Nothing in this section shall be construed to prohibit the <span class="dictionary">Commission</span> from granting similar treatment to other natural gas facilities when the <span class="dictionary">Commission</span> deems such treatment to be in the public interest. <a id="paragraph-227974" class="section-permalink" href="https://vacode.org/56-235.9/#C"><i class="fa fa-link"/></a></p></section></text><history>2008, c. 867; 2014, cc. 467, 507.</history><metadata></metadata></law>
