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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60647</law_id><section_number>56-265.3</section_number><catch_line>Certificate to furnish public utility service; allotment of territory transfers, leases or amendments</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>56-240</reference><reference>56-265.2</reference><reference>56-265.3:1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="1" identifier="10.1">Utility Facilities Act</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> No <span class="dictionary">public utility</span> shall begin to furnish <span class="dictionary">public utility</span> service within the Commonwealth without first having obtained from the <span class="dictionary">Commission</span> a certificate of public convenience and necessity authorizing it to furnish such service. Any <span class="dictionary">company</span> engaged in furnishing a <span class="dictionary">public utility</span> service in this Commonwealth as of July 1, 1950, shall, upon filing maps with the <span class="dictionary">Commission</span> within ninety days from such date, showing the territory now being served by it, be entitled to receive a certificate of convenience and necessity authorizing it to begin to furnish such <span class="dictionary">public utility</span> service in such territory. Also, any <span class="dictionary">company</span> that is granted authority under the Public Utilities Securities Act, Chapter 3 (&#xA7; <a class="law" title="Definitions" href="/56-55/">56-55</a> et seq.) of this title to <span class="dictionary">issue</span> securities for the purpose of constructing or extending facilities described in the application for such authority, shall, if the application was filed with the State <span class="dictionary">Corporation</span> <span class="dictionary">Commission</span> before February 1, 1950, have the same right to a certificate of convenience and necessity that it would have had if the facilities had been in operation and serving the public on February 1, 1950. Any <span class="dictionary">company</span> which was engaged in furnishing a <span class="dictionary">public utility</span> service in this Commonwealth as of July 1, 1950, and which is now so engaged in providing the same kind of service, and which could have filed maps with the <span class="dictionary">Commission</span> in accordance with the requirements of this section but failed to do so, may file such maps not later than January 1, 1974, showing the territory now being served by it, and be entitled to receive a certificate of convenience and necessity authorizing it to continue to furnish the same kind of <span class="dictionary">public utility</span> service in such areas to the same extent as if it had filed maps as of July 1, 1950. <a id="paragraph-221660" class="section-permalink" href="https://vacode.org/56-265.3/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> On initial application by any <span class="dictionary">company</span>, the <span class="dictionary">Commission</span>, after formal or informal <span class="dictionary">hearing</span> upon such notice to the public as the <span class="dictionary">Commission</span> may prescribe, may, by issuance of a certificate of convenience and necessity, allot territory for development of <span class="dictionary">public utility</span> service by the applicant if the <span class="dictionary">Commission</span> finds such action in the public interest. <a id="paragraph-221661" class="section-permalink" href="https://vacode.org/56-265.3/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> If the initial application provides for the furnishing of water or sewerage service within any political subdivision in which there has been created an authority for either or both of such purposes pursuant to Chapter 51 (&#xA7; <a class="law" title="Title of chapter" href="/15.2-5100/">15.2-5100</a> et seq.) of Title 15.2, the <span class="dictionary">Commission</span> shall not hold any <span class="dictionary">hearing</span> on such application or <span class="dictionary">issue</span> any certificate for the allotment of territory unless the application shall first have been approved by the governing body of the political subdivision in which the territory is located. In any area where a water <span class="dictionary">company</span> was in existence and furnishing water prior to the formation of an authority to provide water, the <span class="dictionary">Commission</span> may hold a <span class="dictionary">hearing</span> on an application and <span class="dictionary">issue</span> a certificate to the water <span class="dictionary">company</span> for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application. In any area where a sewer <span class="dictionary">company</span> was in existence and furnishing sewer services prior to the formation of an authority to provide sewer services, the <span class="dictionary">Commission</span> may hold a <span class="dictionary">hearing</span> on an application and <span class="dictionary">issue</span> a certificate to the sewer <span class="dictionary">company</span> for that territory which was served prior to the creation of the authority whether or not the governing body of the political subdivision has approved the application. <a id="paragraph-221662" class="section-permalink" href="https://vacode.org/56-265.3/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> If the <span class="dictionary">Commission</span> finds it to be in the public interest, upon the application of a holder of a water or sewer certificate, such certificate may be transferred, leased or amended after such reasonable notice to the public and opportunity to be heard as the <span class="dictionary">Commission</span> by <span class="dictionary">order</span> may prescribe. The <span class="dictionary">Commission</span> may authorize the transfer, lease, or amendment of the certificate subject to such restrictions as the <span class="dictionary">Commission</span> finds will promote the public interest. <a id="paragraph-221663" class="section-permalink" href="https://vacode.org/56-265.3/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> The <span class="dictionary">Commission</span> is authorized to promulgate any rules necessary to implement this section. <a id="paragraph-221664" class="section-permalink" href="https://vacode.org/56-265.3/#E"><i class="fa fa-link"/></a></p></section></text><history>1950, c. 599; 1968, c. 720; 1973, c. 397; 1986, c. 521; 1988, c. 233.</history><metadata></metadata></law>
