                                 CODE OF VIRGINIA

CERTIFICATES TO FURNISH WATER AND SEWER SERVICE (§ 56-265.3:1)

A. Any company proposing to construct facilities after January 1, 1995,
ultimately intended to make water or sewer service available to more than fifty
residential building lots shall, prior to construction or financial commitments
therefor, organize a public service corporation and seek certificates of public
convenience and necessity pursuant to &#xA7;&#xA7; 56-265.2 and 56-265.3. The
application for such certificates shall include (i) a comprehensive business
plan detailing the technical, managerial and financial resources to be devoted
to operation of the water or sewer service; (ii) except in the case of a company
seeking a certificate to operate a sewer service only, proof of receipt of, or
application for, a permit for the facilities pursuant to Virginia Department of
Health requirements under Article 2 (&#xA7; 32.1-167 et seq.) of Chapter 6 of
Title 32.1; and (iii) such other information as is now or hereafter deemed
appropriate by the Commission, including proof of the issuance of a bond or the
deposit of funds in escrow as may be required by the Department of Health
pursuant to &#xA7; 32.1-174.1.

B. Certificates of public convenience and necessity shall not be granted by the
Commission unless, in addition to the findings required by &#xA7;&#xA7; 56-265.2
and 56-265.3, it also finds that the comprehensive business plan presented in
the application reasonably assures that system performance requirements for
providing water supply can be met over the long term and at reasonable costs.
The Commission may issue such certification with any conditions or restrictions
as public interest may require.

C. Water or sewer companies existing on or before January 1, 1995 which extend
their service at any time following the effective date of this section shall not
be required to comply with the requirements thereof.

D. If any applicant under this section so requests, the Commission shall not
disclose the contents of the comprehensive business plan except as necessary to
perform its duties.

HISTORY: 1994, c. 852.