                                 CODE OF VIRGINIA

LIMITATION OF STATE CORPORATION COMMISSION AUTHORITY (§ 10.1-1197.8)

A. If the owner or operator of a small renewable energy project to whom the
Department has authorized a permit by rule pursuant to this article is not a
utility regulated pursuant to Title 56, then the State Corporation Commission
shall not have jurisdiction to review the small renewable energy project or to
condition the construction or operation of a small renewable energy project upon
the State Corporation Commission&#8217;s issuance of any permit or certificate
under any provision of Title 56, provided that the State Corporation Commission
shall retain jurisdiction to resolve requests for joint use of the rights of way
of public service corporations pursuant to &#xA7; 56-259 and denials of requests
for interconnection of facilities pursuant to &#xA7; 56-578.

B. If the owner or operator of a small renewable energy project for which the
Department has authorized a permit by rule pursuant to this article is a utility
regulated pursuant to Title 56, such small renewable energy project shall be
exempt from any provision of &#xA7; 56-46.1 and any corresponding provision of
subsection D of &#xA7; 56-580 or Chapter 10.1 (&#xA7; 56-265.1 et seq.) of Title
56 that requires environmental review and permitting by the State Corporation
Commission. An owner or operator of a small renewable energy project that is
granted a permit by rule pursuant to subsection I of &#xA7; 10.1-1197.6, shall
not be required to obtain a certificate of public convenience and necessity
pursuant to subsection D of &#xA7; 56-580 or the Utility Facilities Act (&#xA7;
56-265.1 et seq.). Nothing in this section shall affect the jurisdiction of the
State Corporation Commission regarding a utility that is not eligible for a
permit by rule, or the requirement of such utility to obtain a certificate of
public convenience and necessity.

HISTORY: 2009, cc. 808, 854; 2017, c. 368.