Virginia Law

A. Except for the 2021 notice period, any customer seeking to establish its exemption from a rate adjustment clause authorized by the commission pursuant to § 56-585.1 A 5 c of the Code of Virginia shall provide a notice of nonparticipation concerning the rate adjustment clause to its utility on or before March 1 of the upcoming rate year in which the customer seeks to begin its exemption. Any customer seeking to establish its exemption from a rate adjustment clause authorized by the commission pursuant to § 56-585.1 A 5 c for the rate year beginning in 2021 shall provide a notice of nonparticipation concerning the rate adjustment clause to its utility on or before April 1, 2021. All notices of nonparticipation shall be filed concurrently by the customer with the commission's Division of Public Utility Regulation. Notices provided after the April 1, 2021, or subsequent annual March 1 deadlines, will not be accepted during that calendar year and must be resubmitted for the next period being sought.

B. Upon receipt of the notice of nonparticipation, a utility shall, on or before June 1, verify the customer's highest measured demand in the three prior calendar years preceding the receipt of such notice. The exemption will commence with the effective date of the utility's next rate adjustment clause. The utility shall accept the exemption request if the customer meets the criteria for a large general service customer set forth in 20VAC5-350-10 and has submitted the information required by 20VAC5-350-30. In the event the utility fails to notify the customer of any deficiency in its notice of nonparticipation by June 1, the exemption shall be deemed accepted by the utility. The utility's acceptance or denial of any exemption request shall concurrently be sent to the customer and provided by the utility to the commission's Division of Public Utility Regulation.

C. Once a utility has accepted a customer's exemption request, that customer shall be exempt from any rate adjustment clause approved for the utility by the commission pursuant to § 56-585.1 A 5 c of the Code of Virginia, beginning with the effective date of the utility's next rate adjustment clause on or after July 1, following the date of acceptance of the exemption request and continuing throughout the life of the customer's energy efficiency improvements described in the customer's notice of nonparticipation. A customer shall notify the utility and the commission if the conditions of the customer's notice of nonparticipation change in any material respect within 60 days of the change.

D. Each notice of nonparticipation that contains confidential information shall be treated in accordance with 5VAC5-20-170 of State Corporation Commission Rules of Practice and Procedure (5VAC5-20).

E. Customers seeking to continue a previous statutory exemption must provide a new notice of nonparticipation, as defined in 20VAC5-350-30, concerning the rate adjustment clause to its utility on or before April 1, 2021.