2006 Code of Virginia § 56-265.4:5 - Furnishing gas service to commercial and industrial customers in an area not certificated for publi...

56-265.4:5. Furnishing gas service to commercial and industrial customersin an area not certificated for public utility gas service.

A. Any company desiring to make an exempt sale, transmission or service undersubdivision (b) (4) of 56-265.1 shall notify the Commission of its plansfor furnishing such gas service. The Commission shall make a determination ofwhether the customers' facilities are located within a territory for which acertificate has been granted, or, as of the time of the Commission's receiptof the notice provided hereunder, within any area, territory, or jurisdictionserved by a municipal corporation that provided gas distribution service asof January 1, 1992, and shall prohibit the furnishing of gas service to anyfacility so located. The Commission shall provide notice of such plans tofurnish gas service to all public utilities providing gas service in theCommonwealth. Within sixty days of such notice, any public utility sonotified may make application to the Commission to provide such service. Ifan application is filed, the Commission shall determine, after a publichearing, which company shall furnish the gas service.

B. In the event a gas utility is issued a certificate to serve the area wherecustomers to whom service is being provided pursuant to this section arelocated, the gas utility shall have the right, subject to existing contractsregarding gas service to such customers and to the gas utility's effectivetransportation tariff, to acquire any facilities installed to serve suchcustomers, at a price to be mutually agreed upon, or if not so agreed, at aprice to be determined by the Commission.

(1990, c. 488; 1992, c. 476.)