                                 CODE OF VIRGINIA

PROPOSED RATES, ETC., OR CHANGES THEREOF, NOT SUSPENDED EFFECTIVE SUBJECT TO
LATER CHANGE BY COMMISSION; REFUND OR CREDIT; APPEAL; INVESTOR-OWNED PUBLIC
UTILITIES REQUIRED TO SHOW INCREASE COMPLIES WITH § 56-235.2 (§ 56-240)

Unless the Commission so suspends such schedule of rates, tolls, charges, rules
and regulations or changes thereof that are required to be filed under §
56-236, the same shall go into effect as originally filed by any public utility
as defined in § 56-232, upon the date specified in the schedule subject,
however, to the power of the Commission, upon investigation thereafter, to fix
and order substituted therefor such rate or rates, tolls, charges, rules, or
regulations, as shall be just and reasonable, as provided in §§ 56-235 and
56-247. The Commission may thereupon, in its discretion, order such public
utility to refund or give credit promptly to the parties entitled thereto any
portion or all of the charges originally filed by the public utility which may
have been collected or received in excess of those charges finally fixed and
ordered substituted therefor by the Commission. Rates of any utility found to be
operating in violation of § 56-265.3 may be deemed subject to refund by the
Commission, on its own motion, as of the date of the Commission&#8217;s order
finding that the utility was operating in violation of § 56-265.3. Such rates
shall then be interim in nature and subject to refund until such time as the
Commission has determined the appropriateness of the rates. Any amount of the
rates found excessive by the Commission shall be subject to refund with
interest, as may be ordered by the Commission.
		From any action of the Commission in prescribing rates, refunds, credits,
tolls, charges, rules and regulations or changes thereof that are required to be
filed under § 56-236, an appeal may be taken by the corporation whose rates,
refunds, credits, tolls, charges, rules and regulations or changes thereof are
affected, or by the Commonwealth, or by any person deeming himself aggrieved by
such action.
		No such rate increase shall go into effect under the provisions of this
section for an investor-owned gas, telephone or electric public utility unless
such public utility has filed with its schedule information and data designed to
show that any increase complies with the just and reasonable requirements of §
56-235.2, and unless based thereon the Commission finds a reasonable probability
that the increase will be justified upon full investigation and hearing. The
Commission is authorized to promulgate any rules necessary to implement this
provision.

HISTORY: Code 1919, § 4066; 1918, p. 675; 1924, p. 540; 1927, pp. 124, 125;
1971 Ex. Sess., c. 31; 1973, c. 262; 1979, c. 249; 1998, c. 63; 2011, cc. 738,
740.