                                 CODE OF VIRGINIA

DEFINITIONS (§ 56-231.15)

The following terms, whenever used or referred to in this article, shall have
the following meanings, unless a different meaning clearly appears from the
context:
		&#8220;Acquire&#8221; means and includes construct, or acquire by purchase,
lease, devise, gift or the exercise of the power of eminent domain, or by other
mode of acquisition.
		&#8220;Affiliate&#8221; means a separate affiliated or subsidiary corporation
or other separate legal entity.
		&#8220;Board&#8221; means the board of directors of a cooperative formed under
or subject to this article.
		&#8220;Commission&#8221; means the State Corporation Commission of Virginia.
		&#8220;Cooperative&#8221; means a utility consumer services cooperative formed
under or subject to this article or a distribution cooperative formed under the
former Distribution Cooperatives Act (§ 56-209 et seq.).
		&#8220;Energy&#8221; means and includes any and all forms of energy no matter
how or where generated or produced.
		&#8220;Federal agency&#8221; means and includes the United States of America,
the President of the United States of America, the Tennessee Valley Authority,
the Federal Administrator of the Rural Utility Service, the Southeastern Power
Administration, the Federal Energy Regulatory Commission, the Securities and
Exchange Commission, the Federal Communications Commission and any and all other
authorities, agencies, and instrumentalities of the United States of America,
heretofore or hereafter created.
		&#8220;HVACR&#8221; means heating, ventilation, air conditioning and
refrigeration.
		&#8220;Improve&#8221; means and includes construct, reconstruct, replace,
extend, enlarge, alter, better or repair.
		&#8220;Law&#8221; means any act or statute, general, special or local, of this
Commonwealth.
		&#8220;Member&#8221; means and includes each natural person signing the
articles of incorporation of a cooperative and each person admitted to
membership therein pursuant to law or its bylaws.
		&#8220;Municipality&#8221; means any city or incorporated town of the
Commonwealth.
		&#8220;Obligations&#8221; means and includes bonds, interim certificates or
receipts, notes, debentures, and all other evidences of indebtedness either
issued by, or the payment of which is assumed or contractually undertaken by, a
cooperative.
		&#8220;Patronage capital&#8221; includes all amounts received by a cooperative
from sales of electric power or electric distribution services, or both, to
members in excess of the cooperative&#8217;s cost of furnishing electric power
or distribution services, or both, to members and such other margins as
determined by the board of directors.
		&#8220;Person&#8221; means and includes natural persons, firms, associations,
cooperatives, corporations, limited liability companies, business trusts,
partnerships, limited liability partnerships and bodies politic.
		&#8220;Propane or fuel oil equipment&#8221; means equipment and related
systems to store or use propane or fuel oil products.
		&#8220;Regulated utility services&#8221; means utility services that are
subject to regulation as to rates or service by the Commission.
		&#8220;System&#8221; means and includes any plant, works, system, facilities,
equipment or properties, or any part or parts thereof, together with all
appurtenances thereto, used or useful in connection with the generation,
production, transmission or distribution of energy or in connection with other
utility services.
		&#8220;Traditional cooperative activity&#8221; means any business, service or
activity in which cooperatives in Virginia have traditionally engaged and that
is incidental to and substantially related to the electric utility business
conducted by a cooperative on or before July 1, 1999, provided that traditional
cooperative activity does not include any program to (i) buy or maintain an
inventory of HVACR equipment or household appliances; (ii) install or service
any such equipment or household appliances for customers, unless such service is
not provided by the cooperative but by a third party individual, firm or
corporation licensed to perform such service; (iii) sell HVACR equipment or
household appliances to customers metered and billed on residential rates; (iv)
sell HVACR equipment to customers other than those metered and billed on
residential rates except where such sale is an incidental part of providing
other energy services or providing other traditional cooperative activities; (v)
sell or distribute propane or fuel oil; sell, install or service propane or fuel
oil equipment; or maintain or buy an inventory of propane or fuel oil equipment
for resale; or (vi) serve as a coordinator of nonelectric energy services or
provide engineering consulting services except when such energy or engineering
services are an incidental part of a marketing effort to provide other energy or
engineering services or as a part of providing services that are other
traditional cooperative activities.
		&#8220;Utility services&#8221; means any products, services and equipment
related to energy, telecommunications, water and sewerage.

HISTORY: 1999, c. 874; 2000, cc. 944, 964, 989, 999.