Virginia Law

A. An applicant shall provide a notice of intent to file an application pursuant to 20VAC5-204-20, 20VAC5-204-40, and 20VAC5-204-60 to the commission 60 days prior to the application filing date. A notice of intent to file an application shall be provided for each 20VAC5-204-40 and 20VAC5-204-60 application, and such notice shall identify the specific section and subsection of the Code of Virginia pursuant to which the application will be filed. An applicant may include more than one application in a notice of intent to the extent the applicant intends to file multiple applications pursuant to 20VAC5-204-40 and 20VAC5-204-60 within the same timeframe but must list each intended application separately within the notice of intent. If the filing is for the continuation of a previously-approved rate adjustment clause, the notice shall identify the specific rate adjustment clause. If the application is for approval of a new rate adjustment clause or for a prudency determination, the notice shall include a narrative description of the associated project or program.

B. Applications pursuant to 20VAC5-204-20 through 20VAC5-204-80 shall include:

1. The name and post office address of the applicant and the name and post office address of the applicant's counsel.

2. A full clear statement of the facts that the applicant is prepared to prove by competent evidence.

3. A statement of details of the objectives sought and the legal basis therefore.

4. All direct testimony by which the applicant expects to support the objectives sought. Each testimony shall include a summary not to exceed one page for applications pursuant to 20VAC5-204-30, 20VAC5-204-40, or 20VAC5-204-60 through 20VAC5-204-80 and not to exceed two pages for applications pursuant to 20VAC5-204-20 or 20VAC5-204-50.

5. Information or documentation conforming to the following general instructions:

a. Attach a table of contents of the company's application, including exhibits.

b. Each exhibit shall be labeled with the name of the applicant and the initials of the sponsoring witness in the upper right-hand corner as follows:

Exhibit No. (Leave Blank)

Witness: (Initials)

Statement or

Schedule Number

c. The first page of all exhibits shall contain a caption that describes the subject matter of the exhibit.

d. If the accounting and statistical data submitted differ from the books of the applicant, then the applicant shall include in its filing a reconciliation schedule for each account or subaccount that differs, together with an explanation describing the nature of the difference.

e. The required accounting and statistical data shall include all work papers and other information necessary to ensure that the items, statements, and schedules are not misleading.

C. This chapter does not limit the commission staff or parties from raising issues for commission consideration that have not been addressed in the applicant's filing before the commission. Except for good cause shown, issues specifically decided by commission order entered in the applicant's most recent rate case may not be raised by staff or interested parties in earnings tests made pursuant to 20VAC5-204-20, 20VAC5-204-30, or 20VAC5-204-50.

D. An application filed pursuant to 20VAC5-204-20, 20VAC5-204-30, 20VAC5-204-40, 20VAC5-204-50, 20VAC5-204-60, 20VAC5-204-70, or 20VAC5-204-80 shall not be deemed filed pursuant to Chapter 10 (§ 56-232 et seq.) or Chapter 23 (§ 56-576 et seq.) of Title 56 of the Code of Virginia unless it is in full compliance with this chapter.

E. The commission may waive any part or all of this chapter for good cause shown.

F. Where a filing contains information that the applicant claims to be confidential, the filing may be made under seal provided it is simultaneously accompanied by both a motion for protective order or other confidential treatment and an original and one copy of a redacted version of the filing to be available for public disclosure. Unredacted filings containing the confidential information shall, however, be immediately available to the commission staff for internal use at the commission.

G. Filings containing confidential (or redacted) information shall so state on the cover of the filing, and the precise portions of the filing containing such confidential (or redacted) information, including supporting material, shall be clearly marked within the filing.

H. Applicants shall provide a searchable PDF version of the application and direct testimony electronically to the Divisions of Utility Accounting and Finance and Public Utility Regulation on the application filing date. Applicants must also provide a searchable PDF of the public version of the application and direct testimony electronically to the Division of Consumer Counsel of the Office of the Attorney General of Virginia on the application filing date.

Additionally, all schedules containing calculations derived from formulas shall be provided electronically to the Divisions of Utility Accounting and Finance and Public Utility Regulation in an electronic spreadsheet including all underlying formulas and assumptions on the application filing date. Such electronic spreadsheet shall be commercially available and have common use in the utility industry.

All schedules that do not contain calculations derived from formulas shall be provided electronically to the Divisions of Utility Accounting and Finance and Public Utility Regulation in a searchable PDF version within five business days of the application filing date. Additional versions of such schedules shall be made available to parties upon request.

I. All applications, including direct testimony and Schedules 1 through 28, 30 through 39, and 41 through 49, as applicable, shall be filed in an original and 12 copies with the Clerk of the Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218. One copy of Schedules 29 and 40 shall be filed with the Clerk of the Commission. Applicants may omit filing Schedule 29 with the Clerk of the Commission in Annual Informational Filings. Additional copies of such schedules shall be made available to parties upon request.

One copy of Schedules 29 and 40 shall be submitted to the Division of Utility Accounting and Finance. Four copies of Schedule 40 shall be submitted to the Division of Public Utility Regulation.

J. 1. For any application made pursuant to 20VAC5-204-20 , 20VAC5-204-40 , or 20VAC5-204-60, the applicant shall serve a copy of the information required in subsection A of this section at the same time that it is filed with the commission upon: (i) the chairman of the board of supervisors of each county (or equivalent officials in the counties having alternate forms of government) in this Commonwealth affected by the proposed increase or, in the case of applications made pursuant to 20VAC5-204-40, the proposed project; (ii) the mayor or manager of every city and town (or equivalent officials in towns and cities having alternate forms of government) in this Commonwealth affected by the proposed increase or, in the case of applications made pursuant to 20VAC5-204-40, the proposed project; and (iii) the Division of Consumer Counsel of the Office of the Attorney General of Virginia. Such service shall be made electronically to the extent the applicant has official email addresses for such officials. If not, such service shall be made either by (i) personal delivery or (ii) first class mail to the customary place of business or to the residence of the person served.

2. For applications pursuant to 20VAC5-204-20 and 20VAC5-204-40 through 20VAC5-204-80, the applicant shall also serve each official listed in subdivision J 1 of this section with the following within five business days of the issuance of the commission's procedural order regarding the application: (i) the information required in subdivisions B 1, B 2, and B 3 of this section; (ii) a statement that a copy of the complete public version of the application may be obtained at no cost by making a request therefor in writing to a specified company official ; and (iii) the commission's procedural order regarding the application. Such service shall be made electronically to the extent the applicant has official email addresses for such officials. If not, such service shall be made either by (i) personal delivery or (ii) first class mail to the customary place of business or to the residence of the person served.

3. In addition, the applicant shall serve a copy of the complete public version of its application upon the Division of Consumer Counsel of the Office of the Attorney General of Virginia at the same time it is filed with the commission. Such service shall be made either by personal delivery or first class mail to the customary place of business.

K. Nothing in this chapter shall be interpreted to apply to applications for temporary reductions of rates pursuant to § 56-242 of the Code of Virginia.