                                 CODE OF VIRGINIA

ELECTRIC ENERGY EMERGENCIES (§ 56-586.1)

A. As used in this section, &#8220;electric energy emergency&#8221; means an
unplanned interruption in the generation or transmission of electricity
resulting from a hurricane, ice storm, windstorm, earthquake or similar natural
phenomena, or from a criminal act affecting such generation or transmission, act
of war or act of terrorism, which interruption is (i) of such severity that
minimum levels of reliable service cannot be maintained using resources
practicably obtainable from the market and (ii) so imminently and substantially
threatening to the health, safety or welfare of residents of this Commonwealth
that immediate action of state government is necessary to prevent loss of life,
protect the public health or safety, and prevent unnecessary or avoidable damage
to property.

B. The Governor is authorized, after finding that an electric energy emergency
exists and that appropriate federal and state agencies and appropriate
reliability councils cannot adequately address such emergency, to declare an
electric energy emergency by filing a written declaration with the Secretary of
the Commonwealth. The declaration shall state the counties and cities or utility
service areas of the Commonwealth in which the declaration is applicable, or its
statewide application. A declared electric energy emergency shall go into
immediate effect upon filing and continue in effect for the period prescribed in
the declaration, but not more than thirty days. At the end of the prescribed
period, the Governor may issue another declaration extending the emergency. The
Governor shall terminate such declaration as soon as the basis for such
declaration no longer exists.

C. During a declared electric energy emergency, the Governor is authorized, in
compliance with guidelines of the Department of Emergency Services promulgated
as provided in subsection G, to require any generator or any municipal electric
utility that is capable of generating but (i) is not generating or (ii) is not
generating at its full potential during such declared electric emergency, to
generate, dispatch or sell electricity from a facility that it operates within
the Commonwealth, to the Commonwealth for distribution within the areas of the
Commonwealth designated in the declaration. The quantity of electricity required
to be generated, dispatched or sold, and the duration of such requirements,
shall be as determined by the Governor to be necessary to alleviate the electric
energy emergency hardship. The Commonwealth shall compensate an entity required
to generate, dispatch, or sell electricity pursuant to this subsection, and the
operator of any transmission facilities over which the electricity is
transmitted, in the manner provided in &#xA7; 56-522, mutatis mutandis, unless
otherwise provided by federal law. The Department of Environmental Quality, the
State Air Pollution Control Board, the State Water Control Board, and the
Virginia Waste Management Board shall issue any temporary or emergency permit,
order, or variance necessary to authorize any permit amendments or other changes
needed to meet the requirements imposed under this section and the Governor may
petition the President to declare a regional energy emergency under 42 U.S.C.
&#xA7; 7410 (f) as necessary to suspend enforcement of any provision of the
federal Clean Air Act. Any increased operation required during such declared
emergency shall not be counted towards the number of hours of operation allowed
during the year. No civil charges or penalties shall be imposed for any
violation that occurs as a result of actions taken that are necessary for the
required generation, dispatch or sale during the declared electric energy
emergency. The foregoing provisions shall apply to all actions the entity takes
in connection with such required generation, dispatch or sale during the period
of the declared emergency.

D. During a declared electric energy emergency, the Governor may use the
services, equipment, supplies, and facilities of existing departments, offices,
and agencies of the Commonwealth, and of the political subdivisions thereof, to
the maximum extent practicable and necessary to meet the electric energy
emergency. The officers and personnel of all such departments, offices, and
agencies shall cooperate with and extend such services and facilities to the
Governor upon request.

E. During a declared electric energy emergency, the Governor is authorized to
request the Secretary of the United States Department of Energy to invoke
section 202(C) of the Federal Power Act, 16 U.S.C. &#xA7; 824a (1935).

F. The General Assembly is authorized by joint resolution to terminate any
declaration of an electric energy emergency. The emergency shall be terminated
at the time of filing of the joint resolution with the Secretary of the
Commonwealth.

G. The Department of Emergency Services, in consultation with the Commission and
the Secretary of Commerce and Trade, shall establish guidelines for the
implementation of the Governor&#8217;s powers pursuant to subsection C that
protect the public health and safety and prevent unnecessary or avoidable damage
to property with a minimum of economic disruption to generators, transmitters
and distributors of electricity. Such guidelines shall:

   1. Define various foreseeable levels of electric energy emergencies and
   specify appropriate measures to be taken for each type of electric energy
   emergency as necessary to protect the public health or safety or prevent
   unnecessary or avoidable damage to property;

   2. Prescribe appropriate response measures for each level of electric energy
   emergency; and

   3. Equitably distribute the burdens and benefits resulting from the
   implementation of this section among other members of the affected class of
   persons within all geographic regions of the Commonwealth.

H. During a declared electric energy emergency, the attorney general may bring
an action for injunctive or other appropriate relief in the Circuit Court of the
City of Richmond to secure prompt compliance. The court may issue an ex parte
temporary order without notice that shall enforce the prohibitions, restrictions
or actions that are necessary to secure compliance with the guideline, order or
declaration.

I. During a declared electric energy emergency, no person shall intentionally
violate any guideline adopted or declaration issued pursuant to this section.
Any person who violates this section is guilty of a Class 1 misdemeanor.

HISTORY: 2002, c. 609.