                                 CODE OF VIRGINIA

APPEAL FROM ACTION OF COMMISSION (§ 56-239)

The public utility whose schedules shall have been so filed or the Commonwealth
or other party in interest or party aggrieved may appeal to the Supreme Court
from such decision or order as the Commission may finally enter. Upon the
granting of such appeal the Supreme Court may award or refuse a writ of
supersedeas, and, if a writ of supersedeas be awarded, it may suspend the
operation of the action appealed from in whole or in part. Alternatively, the
Supreme Court in its discretion may authorize putting into effect the schedule
of rates so filed and suspended by the Commission or the schedule of rates
existing at the time of the filing of the schedule upon which the investigation
and hearing have been had, or require the inauguration of the schedule of rates
as ordered by the Commission, until the final disposition of the appeal. But,
prior to the final reversal of the order appealed from by the Supreme Court, no
action of the Commission prescribing or affecting rates or charges shall be
delayed, or suspended in its operation, by reason of any appeal by the party
whose rates or charges are affected, or by reason of any proceeding resulting
from such appeal until a suspending bond payable to the Commonwealth has been
executed and filed with the Commission with such conditions, in such penalty,
and with such surety thereon as the Commission, subject to review by the Supreme
Court, may deem sufficient. In any appeal from action of the Commission
prescribing or affecting the rates or charges of a public utility, such bond, or
if no bond is required, the order of the Supreme Court, shall expressly provide
for the prompt refunding to the parties entitled thereto of all charges which
may have been collected or received, pending the appeal, in excess of those
fixed, or authorized by the final decision on appeal, with interest from the
date of the collection thereof. But no bond shall be required of the
Commonwealth. Any bond required under this section shall be enforced in the name
of the Commonwealth before the Commission or before any court having
jurisdiction, and the process and proceedings thereon shall be as provided by
law upon bonds of like character required to be taken by courts of record of
this State.

HISTORY: Code 1919, § 4066; 1918, p. 674; 1924, p. 539; 1927, p. 124; 1971, Ex.
Sess., c. 31.