2006 Code of Virginia § 56-265.1 - Definitions

56-265.1. Definitions.

In this chapter the following terms shall have the following meanings:

(a) "Company" means a corporation, a limited liability company, anindividual, a partnership, an association, a joint-stock company, a businesstrust, a cooperative, or an organized group of persons, whether incorporatedor not; or any receiver, trustee or other liquidating agent of any of theforegoing in his capacity as such; but not a municipal corporation or acounty, unless such municipal corporation or county has obtained acertificate pursuant to 56-265.4:4.

(b) "Public utility" means any company which owns or operates facilitieswithin the Commonwealth of Virginia for the generation, transmission ordistribution of electric energy for sale, for the production, storage,transmission, or distribution, otherwise than in enclosed portablecontainers, of natural or manufactured gas or geothermal resources for salefor heat, light or power, or for the furnishing of telephone service,sewerage facilities or water; however, the term "public utility" shall notinclude any of the following:

(1) Except as otherwise provided in 56-265.3:1, any company furnishingsewerage facilities, geothermal resources or water to less than 50 customers.Any company furnishing water or sewer services to 10 or more customers andexcluded by this subdivision from the definition of "public utility" forpurposes of this chapter nevertheless shall not abandon the water or sewerservices unless and until approval is granted by the Commission or all thecustomers receiving such services agree to accept ownership of the company.

(2) Any company generating and distributing electric energy exclusively forits own consumption.

(3) Any company (A) which furnishes electric service together with heatingand cooling services, generated at a central plant installed on the premisesto be served, to the tenants of a building or buildings located on a singletract of land undivided by any publicly maintained highway, street or road atthe time of installation of the central plant, and (B) which does not chargeseparately or by meter for electric energy used by any tenant except as partof a rental charge. Any company excluded by this subdivision from thedefinition of "public utility" for the purposes of this chapternevertheless shall, within 30 days following the issuance of a buildingpermit, notify the State Corporation Commission in writing of the ownership,capacity and location of such central plant, and it shall be subject, withregard to the quality of electric service furnished, to the provisions ofChapters 10 ( 56-232 et seq.) and 17 ( 56-509 et seq.) of this title andregulations thereunder and be deemed a public utility for such purposes, ifsuch company furnishes such service to 100 or more lessees.

(4) Any company, or affiliate thereof, making a first or direct sale, orancillary transmission or delivery service, of natural or manufactured gas tofewer than 35 commercial or industrial customers, which are not themselves"public utilities" as defined in this chapter, or to certain public schoolsas indicated in this subdivision, for use solely by such purchasing customersat facilities which are not located in a territory for which a certificate toprovide gas service has been issued by the Commission under this chapter andwhich, at the time of the Commission's receipt of the notice provided under 56-265.4:5, are not located within any area, territory, or jurisdictionserved by a municipal corporation that provided gas distribution service asof January 1, 1992, provided that such company shall comply with theprovisions of 56-265.4:5. Direct sales or ancillary transmission ordelivery services of natural gas to public schools in the followinglocalities may be made without regard to the number of schools involved andshall not count against the "fewer than 35" requirement in thissubdivision: the Counties of Dickinson, Wise, Russell, and Buchanan, and theCity of Norton.

(5) Any company which is not a public service corporation and which providescompressed natural gas service at retail for the public.

(6) Any company selling landfill gas from a solid waste management facilitypermitted by the Department of Environmental Quality to a public utilitycertificated by the Commission to provide gas distribution service to thepublic in the area in which the solid waste management facility is located.If such company submits to the public utility a written offer for sale ofsuch gas and the public utility does not agree within 60 days to purchasesuch gas on mutually satisfactory terms, then the company may sell such gasto (i) any facility owned and operated by the Commonwealth which is locatedwithin three miles of the solid waste management facility or (ii) anypurchaser after such landfill gas has been liquefied. The provisions of thissubdivision shall not apply to any city with a population of at least 64,000but no more than 69,000 or any county with a population of at least 500,000.

(7) Any authority created pursuant to the Virginia Water and WasteAuthorities Act ( 15.2-5100 et seq.) making a sale or ancillary transmissionor delivery service of landfill gas to a commercial or industrial customerfrom a solid waste management facility permitted by the Department ofEnvironmental Quality and operated by that same authority, if such anauthority limits off-premises sale, transmission or delivery service oflandfill gas to no more than one purchaser. The authority may contract withother persons for the construction and operation of facilities necessary orconvenient to the sale, transmission or delivery of landfill gas, and no suchperson shall be deemed a public utility solely by reason of its constructionor operation of such facilities. If the purchaser of the landfill gas islocated within the certificated service territory of a natural gas publicutility, the public utility may file for Commission approval a proposedtariff to reflect any anticipated or known changes in service to thepurchaser as a result of the use of landfill gas. No such tariff shall imposeon the purchaser of the landfill gas terms less favorable than similarlysituated customers with alternative fuel capabilities; provided, however,that such tariff may impose such requirements as are reasonably calculated torecover the cost of such service and to protect and ensure the safety andintegrity of the public utility's facilities.

(8) A company selling or delivering only landfill gas, electricity generatedfrom only landfill gas, or both, that is derived from a solid wastemanagement facility permitted by the Department of Environmental Quality andsold or delivered from any such facility to not more than three commercial orindustrial purchasers or to a natural gas or electric public utility,municipal corporation or county as authorized by this section. If a purchaserof the landfill gas is located within the certificated service territory of anatural gas public utility or within an area in which a municipal corporationprovides gas distribution service and the landfill gas is to be used infacilities constructed after January 1, 2000, such company shall submit tosuch public utility or municipal corporation a written offer for sale of thatgas prior to offering the gas for sale or delivery to a commercial orindustrial purchaser. If the public utility or municipal corporation does notagree within 60 days following the date of the offer to purchase suchlandfill gas on mutually satisfactory terms, then the company shall beauthorized to sell such landfill gas, electricity, or both, to the commercialor industrial purchaser, utility, municipal corporation, or county. Suchpublic utility may file for Commission approval a proposed tariff to reflectany anticipated or known changes in service to the purchaser as a result ofthe purchaser's use of the landfill gas. No such tariff shall impose on suchpurchaser of the landfill gas terms less favorable than those imposed onsimilarly situated customers with alternative fuel capabilities; provided,however, that such tariff may impose such requirements as are reasonablycalculated to recover any cost of such service and to protect and ensure thesafety and integrity of the public utility's facilities.

(9) A company that is not organized as a public service company pursuant tosubsection D of 13.1-620 and that sells and delivers propane air only toone or more public utilities. Any company excluded by this subdivision fromthe definition of "public utility" for the purposes of this chapternevertheless shall be subject to the Commission's jurisdiction relating togas pipeline safety and enforcement.

(c) "Commission" means the State Corporation Commission.

(d) "Geothermal resources" means those resources as defined in 45.1-179.2.

(1950, p. 599; 1954, c. 354; 1970, c. 265; 1981, c. 506; 1988, c. 440; 1990,c. 488; 1991, c. 263; 1992, c. 476; 1994, cc. 652, 852; 1995, c. 643; 1997,cc. 105, 148; 1999, c. 768; 2000, cc. 528, 543; 2002, cc. 479, 489; 2004, cc.748, 1028; 2005, c. 22; 2006, c. 411.)