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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>60189</law_id><section_number>56-61</section_number><catch_line>Action of Commission on such application</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="3">Issuance of Stocks, Bonds, Etc.</unit></structure><text>
						<section><p>When an application is filed with the <span class="dictionary">Commission</span> under &#xA7;&#xA0;<a class="law" title="Application for order authorizing issuance of securities or assumption of liabilities" href="/56-60/">56-60</a> it shall consider and pass upon the same within twenty-five days, and when the application sets forth that such <span class="dictionary">securities</span> are to be issued or such obligations or liabilities are to be assumed for any purpose set forth in &#xA7;&#xA0;<a class="law" title="Purposes for which stock, etc., may issue" href="/56-58/">56-58</a>, and the <span class="dictionary">Commission</span> so finds, it shall approve the application and <span class="dictionary">issue</span> the order applied for, unless the <span class="dictionary">Commission</span> shall find, for reasons stated by it, that the issuance of such <span class="dictionary">securities</span> or the assumption of such obligations or liabilities is not reasonably necessary to carry out one or more of the purposes set forth in the application. The <span class="dictionary">Commission</span> may by its order grant permission for any such issuance or assumption in the amount or on the terms applied for, or in a less amount, or on different terms, or not at all, and may include in its order such terms and conditions fairly relating to the matter of such issuance or assumption as it may deem reasonable or necessary. Whenever the <span class="dictionary">Commission</span> refuses, in whole or in part, an application to <span class="dictionary">issue</span> <span class="dictionary">securities</span> or assume obligations or liabilities, or grants such an application with modifications, it shall state specifically its reasons so that such refusal or modifications may be reviewed judicially on <span class="dictionary">appeal</span>. If at the end of twenty-five days after the filing of such an application, or at the end of any extension or extensions of that time, which may have been ordered by the <span class="dictionary">Commission</span>, no order of disapproval is entered, the application shall be deemed in <span class="dictionary">fact</span> and <span class="dictionary">law</span> to have been approved, and an order shall be issued by the <span class="dictionary">Commission</span> authorizing the issuance of the <span class="dictionary">securities</span> or the assumption of the obligations or liabilities as applied for and such <span class="dictionary">securities</span> may be issued or such obligations or liabilities assumed accordingly. But the <span class="dictionary">Commission</span> may extend the original twenty-five-day period not to exceed an additional thirty days unless the <span class="dictionary">Commission</span> shall conclude that fifty-five days is not a sufficient time in which fully to investigate and determine whether such certificate shall be issued, in which event it shall by written order extend the time for a specified reasonable period, and in such order set forth the reasons for such extension, which order shall be viewed in <span class="dictionary">law</span> as a <span class="dictionary">final order</span> for purposes of <span class="dictionary">appeal</span>, and upon <span class="dictionary">appeal</span> the <span class="dictionary">court</span> shall approve or decrease the period specified in the order.
		To enable it to determine whether it will <span class="dictionary">issue</span> such order, the <span class="dictionary">Commission</span> may hold a <span class="dictionary">hearing</span> and may make such additional inquiry or investigation, and examine such witnesses, books, papers, documents and <span class="dictionary">contracts</span>, and require the filing of such data as it may deem of assistance.</p></section></text><history>1934, p. 222; Michie Code 1942, &#xA7; 4073(5); 1980, c. 246.</history><metadata></metadata></law>
