                                 CODE OF VIRGINIA

TEMPORARY INCREASE IN RATES (§ 56-245)

Whenever the Commission, upon petition of any public utility, is of the opinion
and so finds, after an examination of the reports, annual or otherwise, filed
with the Commission by such public utility, together with any other facts or
information which the Commission may acquire or receive from an investigation of
the books, records or papers, or from an inspection of the property of such
public utility, or upon evidence introduced by such public utility, that an
emergency exists, and that the public utility has made a preliminary showing of
all the elements of § 56-235.2 sufficient to demonstrate a reasonable
probability that the increase will be justified upon full investigation and
hearing and is of the opinion and so finds that a hearing to determine all of
the issues involved in the final determination of the rates or service will
require more than ninety days of elapsed time, the Commission may, in case of
such emergency, enter a temporary order fixing a temporary schedule of rates,
which order shall be forthwith binding upon such utility and its customers;
provided, however, that when the Commission orders an increase in the rates or
charges of any public utility by means of such temporary order, it shall require
such utility to enter into bond in such amount and with such security as the
Commission shall approve, payable to the Commonwealth, and conditioned to insure
prompt refund by such public utility, to those entitled thereto, of all amounts
which such public utility shall collect or receive in excess of such rates and
charges as may be finally fixed and determined by the Commission; and provided,
further, however, that no such temporary order shall remain in force or effect
for a longer period than nine months from its effective date, and a further
period not to exceed three months in addition if so ordered by the Commission.

HISTORY: 1934, p. 366; Michie Code 1942, § 4071a; 1973, c. 262; 1977, c. 336.