Virginia Law

Chapter 300. Energy Regulation; in General

20VAC5-300-10. (Repealed.)

Historical Notes

Derived from Case No. 17889, eff. October 17, 1966; repealed, Virginia Register Volume 36, Issue 18, eff. April 14, 2020.

20VAC5-300-20. Virginia electric energy emergency conservation plan.

In the event of an electric energy shortage the following emergency procedures shall be adopted so as to minimize the potential adverse effects on the public health, safety and welfare.

STEP I

When the system average fuel supply for the electric utility or its major supplier has decreased to 50 days and a continued downward trend in fuel supplies is anticipated:

1. Curtail all non-essential uses of electrical energy at company owned facilities.

2. Discontinue all economy sales to neighboring utility systems.

3. Discontinue economic dispatch of all generation and implement a loading procedure which will (i) maximize the generation of electricity for load from a given quantity of coal (ii) levelize the distribution of fuel in storage at System plants.

4. Make public appeals to all wholesale and retail customers to reduce their electric consumption.

5. Discontinue all non-firm sales to neighboring utility systems except where the dropping of regular customers or severe equipment overload would result or where the transaction is part of a wheeling arrangement.

6. Make a determination as to what amounts of energy, if any, would be available from outside of the system. Such data shall include such amounts of energy which could reasonably be anticipated to be purchased, time period, cost of such energy, anticipated impact on cost to consumer and effect such purchases would have on the life expectancy of existing in-system inventories. This data shall be submitted to the appropriate governmental body having jurisdiction.

7. Notify large customers and customers who use electricity to process raw materials of impending mandatory curtailments.

STEP II

When the system average fuel supply has decreased to 40 days and a continued downward trend in fuel supplies is anticipated:

1. Make public appeals to all wholesale and retail customers to further reduce their consumption of electricity only to their most minimal needs.

2. Request authorization from the proper authorities to curtail use of air pollution control facilities where such curtailment will enhance availability of electricity.

3. Request all commercial and industrial customers to utilize self-generation equipment to supplement utility generation to the maximum extent practicable.

4. Blend or mix oil or natural gas with coal where plant design permits and when such alternate fuels are available.

5. Limit emergency deliveries to neighboring utilities to situations where regular customers of such utilities would otherwise be dropped.

6. Curtail electric energy consumption by customers on interruptible contracts to a maximum of 132 hours of use at contract demand per week.

7. Make maximum purchases of energy from any source so as to maintain an effective life of existing inventories to 50 days. Report to the appropriate governmental agency having jurisdiction the magnitude of such purchases, cost, duration, effect on life of existing investories, etc.

8. Utility system shall advise customers of the nature of the mandatory program to be introduced in STEP III below, through direct contact and mass media, and establish an effective means of answering specific customer inquiries concerning the impact of the mandatory program on their electric availability.

STEP III

Prior to the anticipated date by which the system average fuel supply reaches a level of 30 days (based on the utility having to rely solely on its own resources) and a continued downward trend in fuel supplies is anticipated, the utility shall:

Request authority from the appropriate governmental body having jurisdiction to curtail all industrial and commercial customers (other than residential) to levels approximately 90% of the customers' corresponding month's usage in the previous year. Such usage will be adjusted for any abnormalities reflected in the prior year's usage, i.e., strikes, maintenance outages, etc.

Upon receipt of authorization the following shall be required:

1. All industrial and commercial customers (other than residential) shall be required to curtail electric usage to levels approximately 90% of the customers' corresponding month's usage in the previous year, adjusted for abnormalities, i.e., strikes, maintenance outages, etc. Facilities whose function is to provide life support, and national, state or local security, and essential public services as outlined in Appendix A should strive to meet the curtailment level indicated, but shall not be required to do so.

2. Request curtailment of all outdoor flood and advertising lighting except for the minimum level necessary to protect life and property and a single illuminated sign identifying commercial facilities that are open after dark.

3. Direct reduction of general lighting levels in stores and offices as close to minimum functional levels as possible.

4. Direct elimination of show window and display lighting.

5. Direct reductions of temperature settings of no more than 68 degrees during operation of heating equipment and no less than 78% during operation of cooling equipment.

6. Direct minimization of work schedules, as for building cleaning and maintenance, restocking, etc. which would require office or industrial facilities to be illuminated, cooled, or heated beyond normal working hours.

7. Direct residential customers to reduce consumption by 10%.

With regard to mandatory curtailments identified in STEP III, when authorized, and any others that follow below, the Company shall monitor compliance after the fact. A customer exceeding their electric energy allotment would be warned to curtail usage or face disconnection of electric service for the duration of the energy emergency after 24 hours written notice.

STEP IV

Prior to the anticipated date by which the system average fuel supply reaches a level of 25 days (based on utility having to rely solely on its own resources) and a continued downward trend in fuel supplies is anticipated, the utility system shall:

1. Request authority from the appropriate governmental body having jurisdiction to curtail all industrial and commercial customers (other than residential) to levels approximately 70% of the customers' corresponding months usage in the previous year or to levels not less than those required for the protection of human life and safety and protection of physical plant facilities, whichever is greater. Such usage will be adjusted for any abnormalities reflected in the prior years; usage, i.e., strikes, maintenance outages, etc. Facilities whose function is to provide life support, and national, state, or local security, and essential public services as outlined in Appendix A should strive to meet the curtailment level indicated, but shall not be required to do so.

STEP V

Prior to the anticipated date by which the system average fuel supply reaches a level of 15 days (based on the utility having to rely solely on its own resources) and a continued downward trend in fuel supplies is anticipated, the utility shall:

Request authority from the appropriate governmental body having jurisdiction to curtail all industrial and commercial customers other than residential to levels not less than those required for protection of human life and safety or protection of physical plant facility.

APPENDIX A. ESSENTIAL CUSTOMERS

Essential health and safety customers given special consideration in these procedures shall, insofar as the situation permits, include the following types of customers (and such other customers as the Commission may designate because of the immediate critical nature of the goods or services they provide):

1. Uses essential for the operation of any facility known to be necessary for the support of life, such as hospitals, kidney machines, iron lungs and other life support systems.

2. Uses required for fire, police and prison services.

3. Refrigeration for the storage and preservation of food or medicine, when that is substantially all the customers' load.

4. Operation, guidance control and navigation services for public transportation and shipping, including rail, mass transit, licensed commercial air transportation, and other forms of transportation.

5. Communication services, including telephone and telegraph systems, television and radio stations, newspapers and traffic control and signal systems.

6. Water supply and sanitation services, including waterworks, pumping, and sewage disposal activities which cannot be reduced without seriously affecting public health.

7. Federal activities essential for national defense and state and local activities essential for providing emergency services.

8. Uses necessary for the manufacture, directly or as a by-product, the transmission or the distribution of natural or manufactured gas or fuel.

9. Uses necessary for the mining and transportation of coal.

10. Uses necessary for the production, refining, transmission or distribution of oil and gas for the fuel.

11. Essential construction, operation, and maintenance activities for energy production and supply.

12. Food and kindred products, except ice cream and frozen desserts; cookies and crackers; confectionary and related products, beverages, all of which are not exempt.

Although these types of customers will be given special consideration from manual load shedding provisions, they are encouraged to install emergency generation equipment if continuity of service is essential. In case of customers supplied from two utility sources, only one source will be given special consideration. Other customers who, in their opinion, have critical equipment should install emergency battery or portable generating equipment.

Statutory Authority

§§ 12.1-13, 56-234, 56-249.1, 56-250 and 56-265 of the Code of Virginia.

Historical Notes

Derived from Case No. 19958, eff. February 22, 1978.

20VAC5-300-30. (Repealed.)

Historical Notes

Derived from Case No. PUE800117, eff. August 14, 1981; repealed, Virginia Register Volume 36, Issue 18, eff. April 14, 2020.

20VAC5-300-40. Regulations to govern the preservation of records of electric, gas and water utilities.

A. 1. Scope of this section. The regulations in this section apply to all books of account and other records prepared by or on behalf of the public utility or licensee for which the Virginia Corporation Commission serves as the "primary" public service commission. See Item 64 of the schedule for those records which come into possession of the public utility or licensee in connection with the acquisition of property, such as purchase, consolidation, merger, etc.

2. The regulations in this section shall not be construed as excusing compliance with any other lawful requirement for the preservation of records for periods longer than those prescribed herein.

3. Unless otherwise specified in the Schedule, duplicate copies of records may be destroyed at any time; provided, however, that such duplicate copies contain no significant information not shown on the originals.

4. Records other than those listed in the Schedule may be destroyed at the option of the public utility or licensee; provided, however, that records which are used in lieu of those listed shall be preserved for the periods prescribed for the records used for substantially similar purposes. And, provided further, that retention of records pertaining to added services, functions, plant, etc., the establishment which cannot be presently foreseen, shall conform to the principles embodied herein.

5. Notwithstanding the provisions of the Records Retention Schedule, the Commission may, upon the request of the Company, authorize a shorter period of retention for any record listed therein upon a showing by the Company that preservation of such record for a longer period is not necessary or appropriate in the public interest or for the protection of investors or consumers.

B. Designation of supervisory official. The public utility or licensee subject to the regulations in this section shall designate one or more persons with official responsibility to supervise the utility's or licensee's program for preservation and the authorized destruction of its records.

C. Protection and storage of record. The public utility or licensee shall provide reasonable protection for records subject to the regulations in this section from damage by fires, floods, and other hazards and, in the selection of storage spaces, safeguard the records from unnecessary exposure to deterioration from excessive humidity, dryness, or lack of proper ventilation.

D. Definition of record media. For the purpose of this section, the data constituting the records listed in the Schedule may be retained in any of the media forms in Figure 1 below, or in any other generally accepted electronic or photographic media form, provided that the media selected has a standard life expectancy equal to or in excess of the specified retention period. However, records supporting plant and licensed project cost shall be retained in the original form unless microfilmed. (See General Instruction J, for periods of retention.)

If the media form of the record retained is other than a readable paper copy, then reader and/or printer equipment and related printout programs, if required, shall be provided by the utility for data reference.

The media form initially selected for the record becomes the "original" for that particular record. If subsequent conditions (e.g.: improved media life expectancy, increased utility resources, environmental factors) require and the remaining retention period permits a change in the media forms, the utility may convert to another media, provided the certification processes described in subsection E below are observed and data referencing capability is maintained.

E. 1. Microform and tape certification. As the initial recording media.

a. Each microform record series shall contain, at the beginning, a microform introduction stating the title of the record series, the date prepared, the name of the individual responsible for validating the data contained therein. Each microform record series shall be closed with a clear and standard microform notation indicating the completion of the series and the date.

b. If after validation, supplemental data and/or corrections (i.e.: resulting from computer programming) are required, said microform may be produced separately or as a part of the series rerun, but shall be affixed to the original microform certificate as described in subdivision 1a above.

c. Each tape record series shall include, as a basic part of the program, at the beginning of that series an introduction stating the record series title, date prepared, the name of the individual responsible for validating the data contained therein and an index where appropriate. Each record series shall be closed with a clear and standard notation indicating the completion of that series and the date.

2. a. Conversion from other media. Each microform record series shall include, as an integral part, a certificate(s) stating that the microforms are direct and facsimile reproductions of the original records and that they have been made in accordance with prescribed instructions. Such certificate(s) shall be executed by a person(s) having personal knowledge of the facts covered thereby.

b. Each microform record series shall commence and end with a statement as to the nature and arrangement of the records reproduced, and the date. Rolls of film shall not be cut. Supplemental or retaken film, whether of misplaced or omitted documents or of portions of microform found to be defective, shall be attached to the beginning of the microform record series and in such an event, the aforementioned certificate shall cover the supplemental or retaken film and shall state the reasons for the subsequent action.

c. If, in accordance with the provisions of subsection F below, the utility or licensee elects to convert records to the tape media, the same certification provision specified in subdivision 1c above must be provided in the conversion program.

F. Change of media for existing records. Those records prepared and maintained under previous regulations in a paper media and whose remaining retention period falls within the life expectancy range of any of the media detailed in Figure 1, may be converted to that media at the public utility's and/or licensee's option, provided the applicable certification processes described in subsection E above are observed and an audit referencing capability maintained.

G. Media. All records created or maintained in a media and a format other than readable entries on paper shall:

(1) Be prepared, arranged, classified, identified and indexed as to permit the subsequent location, examination and reproduction of the record to a readable media;

(2) Be stored in such a manner as to provide reasonable protection from hazards such as fire, flood, theft, etc. and maintained in a controlled environment;

(3) Be regenerated, including proper certification, when damaged.

The company shall be prepared to furnish, at its own expense, standard facilities for reading media and shall additionally provide, if the Commission so directs, copies of the record in a readable form.

All film stock shall be of approved operationally-permanent-record microcopying type, which meets the current specifications of the National Bureau of Standards.

H. Destruction of records. The destruction of the records permitted to be destroyed under the provisions of the regulations in this section may be performed in any manner elected by the public utility concerned. Precautions should be taken, however, to macerate or otherwise destroy the legibility of records, the content of which is forbidden by law to be divulged to unauthorized persons.

I. Premature destruction or loss of records. When any records are destroyed before the expiration of the prescribed period of retention, a certified statement listing, as far as may be determined, the records destroyed and describing the circumstances of accidental or other premature destruction shall be filed with the Commission within 90 days from the date of discovery of such destruction. Discovery of loss of records is to be treated in the same manner as in the case of premature destruction.

J. Schedule of records retention periods. The schedule of records annexed hereto shows the period of time designated records shall be preserved. However, records related to plant shall be retained a minimum or 25 years unless accounting adjustments resulting from reclassification and original cost studies have been approved by the regulatory Commission having jurisdiction and either continuing plant inventory records are maintained or unitization of construction costs appear in work orders except that records related to the construction of licensed projects, or additions or betterments thereto, for which the Commission has not determined the actual legitimate original cost shall be retained until such cost has been determined and records affecting the determination or amortization reserves related to licensed projects shall be retained until Commission determination and final adjudication is made.

K. Retention periods designated "destroy at option." Use of the retention period, "Destroy at Option," in the regulations in this section constitutes authorization for such destruction under the conditions specified for the particular types of records, only if such optional destruction is appropriate to limited managerial interest in such records and if such optional destruction is not in conflict with other legal retention requirements or usefulness of such records in satisfying pending regulatory actions or directives.

L. Records of services performed by associated companies. The public utility or licensee to which the regulations in this section apply shall assure the availability of records of services performed by associated companies for the periods indicated herein, as are necessary, to support the cost of services rendered to it by an associated company.

M. Index of records. At each office of the public utility or licensee where records are kept or stored, such records as are herein required to be preserved shall be so arranged, filed and currently indexed that they may be readily identified and made available to representatives of the Commission.

N. 1. Schedule of notes. For the purposes of the section, a stockholder's account may be treated as a closed account at the time that such stockholder ceases to be a holder of record of the particular class and series of stock of the company and the six-year retention period prescribed herein shall run from that date. If such person subsequently acquires shares of capital stock of the company and thus again becomes a stockholder of the company, the record of such acquisition shall be treated as a new stockholder account.

2. The terms "bonds" and "debentures," as used in captions (a) through (f) of this item, shall include all debt securities, such as bonds, debentures or notes other than debt securities which evidence temporary borrowings and which are expected to be repaid out of the proceeds of the sale of longer term securities. Typical of such temporary debt securities as described in 4(i) would be noted issued to banks evidencing temporary working capital and construction loans and gas storage loans.

3. Canceled bonds and debentures and paid interest coupons pertaining thereto may be destroyed, provided that a certificate of destruction giving full description reference to the documents destroyed shall be made by the person or persons authorized to perform such destruction and shall be retained by the company for the period herein prescribed. The certificate of destruction evidencing the destruction of paid interest coupons pertaining to bonds and debentures need not contain a listing of the bond or debenture serial numbers pertaining to such paid interest coupons. When documents represent debt secured by mortgage, the certificate of destruction shall also be authorized by a representative of the Trustee(s) acting in conjunction with the person or persons destroying the documents or shall have the Trustee(s) acceptance thereon. The certificate of destruction above described may be destroyed six years after the payment and discharge of the bonds or debentures or interest coupons described in such certificate.

4. If a retention period is prescribed elsewhere in the schedule with respect to any document which is included as an exhibit to any filing retained pursuant to the requirements of this item, the company need retain only one copy of such document in its files provided appropriate cross references are established.

5. Life or mortality study data for depreciation purposes should be retained for 25 years or for 10 years after plant is retired, whichever is longer.

Statutory Authority

§§ 56-249 and 56-249.2 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE850027, eff. May, 1985.

20VAC5-300-50. (Repealed.)

Historical Notes

Derived from Case No. PUE860024, eff. September 9, 1986; repealed, Virginia Register Volume 36, Issue 18, eff. April 14, 2020.

20VAC5-300-60. (Repealed.)

Historical Notes

Derived from Case No. PUE880028, eff. September 27, 1988; repealed, Virginia Register Volume 36, Issue 18, eff. April 14, 2020.

20VAC5-300-70. Regulations and procedures pertaining to gas pipeline safety in Virginia.

On November 21, 1988, the Research and Special Programs Administration, Department of Transportation ("DOT"), adopted a final rule governing the control of drug use in natural gas, liquefied natural gas, and hazardous liquid pipeline operations, codified as Part 199 of Title 49 of the Code of Federal Regulations. Control of drug use in natural gas, liquefied natural gas, and hazardous liquid pipeline operations, RSPA Docket No. PS-1‑2, RIN 2137-AB54, 53 Fed. Reg. 47084 (Nov. 21, 1988). The DOT stated in its rule that it expected Part 199 to be adopted by states participating in federal-state relationships prescribed in the Natural Gas Pipeline Safety Act of 1968 (49 USCS §§ 1671 et seq.) and the Hazardous Liquid Pipeline Safety Act of 1979 (18 USCS §§ 831 et seq.). See 53 Fed. Reg. 47084, 47096. Virginia and the Virginia State Corporation Commission are the State and the Department of that State, which are involved in such a relationship. In fact, by its Order dated February 21, 1967, in Case No. 18151, this Commission adopted a uniform code of rules and regulations relating to the design, construction, operation and maintenance of transmission and distribution facilities of natural gas companies located and operated in Virginia.

By subsequent orders dated April 20, 1967, April 9, 1970, January 8, 1971, and June 4, 1981, the Commission amended, modified and cancelled portions of its original order dealing with the design, construction, operation and maintenance of these facilities. By its October 16, 1981 Order entered in Case No. PUE810046, it cancelled previous orders and adopted standard regulations and procedures pertaining to gas safety in Virginia.

NOW THE COMMISSION finds that its October 16, 1981 Order entered in Case No. PUE810046 should be vacated and that 49 CFR 199 should be adopted as well as Parts 191, 192, and 193 of Title 49, Code of Federal Regulations, which were previously adopted, all of which serves as the minimum gas pipeline safety code which the Commission enforces in Virginia. The directives set forth in the October 16, 1981 Order shall remain in effect in all other respects.

Accordingly,

IT IS ORDERED:

1. That this matter is hereby docketed and assigned Case No. PUE890052;

2. That our October 16, 1989 Order entered in Case No. PUE810046 is hereby vacated, and Part 199 shall be adopted, along with Parts 191, 192, and 193 of Title 49, Code of Federal Regulations, previously adopted. All amendments, past and future, to these four parts shall remain in force as the minimum pipeline safety code in the Commonwealth of Virginia;

3. That telephone reports regarding incidents as listed in Part 191.5(a) of Title 49 of the Code of Federal Regulations shall be made by all natural gas companies subject to the Commission's jurisdiction at the earliest practical moment to the Commission's Division of Energy Regulation during the Division's duty hours or, at other times, to the home of one of the Commission staff engineers, who enforce the safety code;

4. That the required written reports mentioned under Part 191, Sections 191.9, 191.11, 191.13, 191.15, and 191.17 of Title 49 shall be made in duplicate to the Commission, unless the jurisdictional natural gas company states that it has already forwarded a copy of said reports to the Information Resources Manager, Office of Pipeline Safety, Department of Transportation, Washington, D.C. 20590;

5. That every significant interruption of service shall be reported to this Commission within 24 hours after such interruption occurs, together with the cause thereof, so far as ascertainable;

6. That natural gas companies subject to the Commission's jurisdiction shall maintain their operation and maintenance plans, up to date with pipeline safety requirements, within their own facilities subject to inspection by Commission gas pipeline safety inspectors;

7. That the Commission staff member supervising and administering the gas pipeline safety program in Virginia shall be empowered to submit and sign on behalf of the Commission, such forms and applications as necessary to assure participation in natural gas pipeline safety programs, as deemed advisable by the Commission to assure an effective safety program in Virginia, but that the Commission Comptroller shall be empowered to sign on behalf of the Commission those applications and forms pertaining to grants or reimbursement or expenses incurred by the Commission in conducting the gas pipeline safety program in Virginia; and

8. That there being nothing further to be done herein, the same is hereby dismissed.

Statutory Authority

§§ 56-5.1, 56-234 and 56-257.2 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE890052, eff. July 6, 1989.

20VAC5-300-80. (Repealed.)

Historical Notes

Derived from Case No. PUE900046, eff. September 28, 1990; repealed, Virginia Register Volume 36, Issue 18, eff. April 14, 2020.

20VAC5-300-90. Rules governing certification, operation, and maintenance of notification center or centers.

A. General provisions. The general provisions applicable to a notification center are:

1. The purpose of this section is to establish minimum standards and requirements for the operation and maintenance of a notification center or centers in Virginia. This section also details application requirements for those desiring to serve as a notification center pursuant to § 56-265.16:1 of the Code of Virginia.

2. The commission may conduct hearings on matters related to notification centers including, but not limited to, the grant, amendment, suspension, or revocation of certificates issued under § 56-265.16:1 of the Code of Virginia and performance standards and other matters related to the requirements of or enforcement of this section or the provisions of Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia, as necessary.

3. Only one notification center shall be granted a certificate for a given geographic area.

4. Only one toll-free number shall be used across the Commonwealth to contact the notification center or centers regarding proposed excavation.

5. Each notification center shall at a minimum comply with the operational standards detailed in subsection C of this section.

6. Each notification center shall have and meet performance standards approved by the commission in order to promote accuracy, cost effectiveness, operational efficiency, and customer satisfaction. The performance standards shall include, at a minimum, standards for indices such as: Average Speed of Answer, Abandoned Call Rate, Busy Signal Rate, Customer Satisfaction and Locate Request Delivery criteria. The standards approved by the commission may be amended upon the request of the notification center, the commission's motion, or the staff's motion, after notice and an opportunity to be heard. Applicants for a certificate shall include proposed performance standards as part of their applications. Notification centers currently holding certificates shall file with the commission their proposed performance standards within 60 days of June 7, 2002.

7. Unless otherwise provided, updates of plans, procedures, programs and information required by this section shall be filed with the commission at least 60 days prior to the implementation of any substantive change to such plans, procedures, programs and information.

8. Notification centers that use or plan to use agents or vendors to provide the primary notification service shall file information relative to the vendor or agent's qualifications to provide these services with the commission. Applicants for a certificate that propose to use an agent or vendor to provide the primary notification service shall file such information as part of their applications. Notification centers currently holding certificates shall file such information with the commission within 60 days of June 7, 2002. A notification center that desires to change vendors or agents providing the primary notification service shall file information relative to the new vendor's or agent's qualifications to provide these services with the commission at least 90 days prior to the change in agent or vendor.

9. The commission's Damage Prevention Advisory Committee (committee) shall review the codes and subcodes used for the operation of the Ticket Information Exchange System. Each notification center shall consider the committee's recommendation relative to the codes and subcodes before their implementation.

10. Each notification center shall assist member operators and the commission in devising an effective public education/awareness plan regarding underground utility damage prevention as required by §§ 56-265.16:1 E and 56-265.32 B of the Code of Virginia.

11. At least 20% of the voting members of each notification center's governing body shall be composed of individuals who are neither utilities or operators nor employed by a utility or an operator. This 20% shall be comprised of individuals that may be impacted by the services provided by the notification center, including excavators, contract locators, property owners, and governmental entities that are not operators or utilities.

12. No notification center shall abandon or discontinue service except with the approval of the commission and upon such terms and conditions as may be prescribed.

13. A violation of any provision of this section, a commission order, or the Underground Utility Damage Prevention Act (Act) may be grounds for suspension or revocation of the notification center's certificate if the commission finds that the notification center or its agent or vendor providing the primary notification service has not, is not currently, or cannot in the future, (i) ensure protection for the public from the hazards that the Act is intended to prevent or mitigate; (ii) ensure that all persons served by the notification center receive an acceptable level of performance; and (iii) be financially responsible for any damages that may result from the notification center's violation of the law or this section. In all proceedings pursuant to this section, the commission shall give notice to the notification center of the allegations against it and shall provide the notification center an opportunity to be heard concerning such allegations prior to making a determination concerning the notification center's certification.

14. The commission may waive any provisions of this section and shall consider requests for waivers of any provisions of this section on a case-by-case basis. The commission may grant a waiver upon such terms and conditions as the commission deems appropriate consistent with the provisions of § 56-265.16:1 of the Code of Virginia.

B. Application requirements. The requirements for an application for a certificate as a notification center are as follows:

1. An original and 15 copies of an application for a certificate shall be filed with the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218 and shall contain all the information and exhibits required herein.

2. Notice of the application shall be given to the public, governmental officials and to operators within the applicant's proposed service area as required by the commission in its initial order docketing the case for consideration.

3. The application shall, at a minimum, include the following information:

a. The applicant's (i) name, corporate address, and telephone number; (ii) corporate ownership; (iii) corporate parent or parents' names, addresses and telephone numbers, if applicable; (iv) officers and directors or, if the applicant is not a corporation, a list of the principals and their directors if said principals are corporations; and (v) legal counsel's names, addresses and telephone numbers;

b. Maps depicting the areas of the Commonwealth in which the applicant is proposing to act as a notification center. Any maps and certificates for notification centers, if granted, will be retained on file in the commission's Division of Energy Regulation;

c. Material detailing the support of persons who potentially may be impacted by the services provided by the notification center, including excavators, operators, contract locators, property owners, and localities;

d. A written comprehensive operating plan detailing the notification center's organizational structure, corporate form, governing structure, personnel qualification criteria, operating budget, financial resources, disaster recovery plan, procedures designed to ensure compliance with this section, and descriptions of physical facilities, computer hardware, software systems, communication facilities, and security and protection components;

e. Proposed performance standards designed to promote accuracy, cost effectiveness, operational efficiency, and customer satisfaction as required by subdivision A 6 of this section;

f. All information necessary to demonstrate clearly the applicant's ability to comply with this section and to meet and implement the operational standards detailed in subsection C of this section; and

g. In the event the applicant proposes to use an agent or vendor to provide the primary notification service, information required by subdivision A 8 of this section.

C. Operational standards. At a minimum, each notification center shall:

1. Be capable of being contacted by means of a toll-free telephone call, teletype, telecopy or personal computer;

2. Be open to participation by any operator of underground utility lines within the notification center's service area granted by the commission;

3. Make filings required by § 56-265.16:1 of the Code of Virginia;

4. Provide emergency service, as needed, 365 days a year, 24 hours per day, and provide regular service Monday through Friday, 7 a.m. through 5 p.m., excluding legal state and national holidays;

5. Maintain such equipment and personnel necessary to ensure a minimum level of performance as detailed in this section and as approved by the commission;

6. Transmit, within one hour of receipt, notices of proposed excavation to member operators by teletype, telecopy, personal computer, or telephone;

7. Transmit, within five minutes of receipt, notice of emergency excavation to member operators by teletype, telecopy, personal computer, or telephone;

8. Maintain adequate equipment to voice record all incoming calls, record all transmissions (tickets or notices) of proposed excavations to member operators and retain those records or recordings for a minimum of six years;

9. Maintain liability insurance coverage on such terms and in such amounts deemed appropriate by the commission;

10. Maintain detailed maps or electronic means depicting the member operator's service areas with underground utility lines and pass on to operators the specific site address or, where addresses do not exist, any combination of multiple points of reference for the site of the proposed excavation such as the distance and direction to the nearest intersection of named or numbered public roads, latitude/longitude, and highway/railroad/pipeline mile markers, etc.;

11. Inform the person giving notice of a proposed excavation of the time frame within which an operator must respond to the notification;

12. Provide the person giving notice of a proposed excavation a ticket number and the names of member operators who will be notified for each locate request;

13. Time and date stamp responses to the Ticket Information Exchange System provided by operators and contract locators;

14. Have interactive data communication equipment to permit remote data entry for member operators and excavators;

15. Have a formal and effective training program for the notification center's employees;

16. Have procedures and practices designed to reduce over-notification;

17. Have a detailed disaster recovery plan that enables the notification center to continue acceptable operation during a disaster;

18. Meet or exceed the performance standards approved by the commission. The notification center shall provide to the commission periodic reports, no less frequently than once per quarter, detailing the various performance standards experienced by the notification center, and shall compare the notification center's standards to the standards found in the U.S. Department of Transportation's "Common Ground, Study of One-Call Systems and Damage Prevention Best Practices" Report (see http://ops.dot.gov/damage.htm) then in effect; and

19. Verify regularly, no less frequently than annually, with the member operators the data provided to the notification center in accordance with 20VAC5-309-130 of the commission's Rules for Enforcement of the Underground Utility Damage Prevention Act.

Statutory Authority

§§ 12.1-13 and 56-265.16:1 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE900033, eff. October 3, 1990; amended, Virginia Register Volume 18, Issue 21, eff. June 7, 2002.

20VAC5-300-100. (Repealed.)

Historical Notes

Derived from Case No. PUE900004, eff. November 27, 1990; repealed, Virginia Register Volume 36, Issue 18, eff. April 14, 2020.

20VAC5-300-110. Natural gas priorities and rules.

NATURAL GAS PRIORITIES AND RULES

This plan sets forth the priorities which shall apply whenever any jurisdictional natural gas utility operating in Virginia has insufficient gas available to meet the end-use needs of its customers during a gas supply emergency. An "emergency," as contemplated within these rules, includes, but is not limited to, an unforeseen, or unplanned event resulting in a shortage of gas supplies or an inability to deliver gas such that human needs requirements are threatened. When it becomes necessary for any jurisdictional natural gas utility to curtail gas deliveries to its customers during such an emergency, the following priorities will apply beginning with the highest number and proceeding in reverse order to Priority 1. All customers within a priority class, or all customers within any subclass thereof, which is subject to curtailment shall be curtailed to the extent practicable on an equal basis. If a customer's end-use requirements come under two or more priorities, then such requirements must be treated separately when applying this schedule of priorities. Transportation customers will have equivalent end-use priorities as sales customers.

PRIORITIES FOR SERVICE

Priority 1 - Customer requirements for residential service, and requirements for human needs without alternate fuel capability (AFC).

Priority 2 - Customer requirements under 1500 Mcf per peak month without AFC.

Priority 3 - Customer requirements over 1500 Mcf per peak month without AFC.

Priority 4 - Electric generation requirements for essential electric human needs that do not have available supplies of alternate fuels or alternate sources of electricity.

Priority 5 - Customer requirements for human needs with AFC.

Priority 6 - Requirements of customers with AFC that do not come under any other priority.

Priority 7 - Requirements for boiler fuel.

RULES

A. Each jurisdictional natural gas utility shall develop a plan for curtailment of gas sales which complies with the schedule of priorities and rules adopted herein. To the extent necessary, such plan may provide for subclasses under each of the priority classes. Each curtailment plan shall be filed as a part of the jurisdictional natural gas utility's tariffs.

B. Each jurisdictional natural gas utility shall be responsible for the administration of its curtailment plan, including the determination of Alternate Fuel Capability (AFC).

C. Interruptible gas service may be furnished, in management's discretion, as available gas supplies permit. However, the Commission may terminate, or alter, the sale of gas to interruptible customers if it is determined that such sales unreasonably affect the reliability of supplies of gas for priority end- uses.

D. In the event of an unforeseen emergency of limited duration, each jurisdictional natural gas utility experiencing the emergency shall:

1. Encourage maximum conservation by all customers.

2. Use its own emergency facilities to the limit of their capability.

3. Consider establishing a temporary moratorium against the connection of new customers.

4. If the Commission finds that a jurisdictional natural gas utility cannot supply all of its customers natural gas because an emergency exists, the Commission may, by order, establish a temporary moratorium on the connection of new customers if such moratorium is necessary to minimize the adverse impact on the public health and safety and to facilitate restoration of normal service to all customers at the earliest time practicable.

E. 1. In the event of regional emergencies, natural gas may be temporarily redistributed among the jurisdictional natural gas utilities operating within the State to assure continued service for essential human needs.

2. Transfers of gas will be directed, if necessary, by the Commission pursuant to § 56-249.1 of the Code of Virginia which reads in pertinent part:

The Commission may require a public utility to transfer to another public utility of like business, gas, water or electricity, whenever the public health, welfare or safety shall be found to so require; provided, however, that the transferring public utility shall be compensated, at a rate fixed by the Commission, for all such deliveries by the receiving public utility.

3. The Commission may direct that customers in certain areas having usage under Priorities 5 and 6 use alternate fuel, even though there is gas available, when such gas is required for public health, welfare, and safety or for higher priority uses in other areas.

4. Each jurisdictional natural gas utility shall designate an individual to serve on a coordination committee to facilitate transfers of gas between companies operating within the Commonwealth. These individuals should be familiar with their respective company s sources of supply and have the authority to make commitments necessary to redistribute available gas supplies.

5. The Director of the Commission's Division of Energy Regulation, or his designee, shall be responsible for preparing and maintaining a list of the designated personnel described in subdivision D(4) and have the authority to call for meetings of the coordination committee to consider requests for assistance. The Director may also invite parties other than gas companies to join the coordination committee.

6. In responding to requests for a redistribution of natural gas, the coordination committee will seek to:

a. Ascertain the extent, nature and circumstance of the emergency.

b. Determine which companies operating within the Commonwealth might be able to assist by a temporary redistribution of some portion of their supplies.

c. Place natural gas utilities requesting assistance into direct communication with companies providing assistance to determine the most effective transfer procedure.

7. In the event that emergency assistance is requested of any jurisdictional natural gas utilities operating within the State of Virginia, it shall be the responsibility of the jurisdictional natural gas utility from whom assistance is required to consider carefully the request and use its aid as is warranted and possible under the circumstances without jeopardizing the integrity of its own service. As this plan is one of voluntary mutual aid without binding and legal commitment, adherence to this precept is essential to successful implementation.

8. The jurisdictional natural gas utility requesting emergency gas and the utility providing such aid shall obtain Commission approval of the price for the emergency gas furnished prior to the actual exchange thereof.

F. Each jurisdictional natural gas utility shall be authorized to request that transportation customers allow the use of their customer-owned gas to supply higher priority end-usages. Should transportation customers refuse to allow the use of their gas during emergencies and the ability of the gas utility to serve essential human needs is threatened, a jurisdictional natural gas utility shall delay delivery of customer-owned gas and utilize that gas to serve essential human needs when significant relief would be provided by the use of such gas, until such time as the supply threat to essential human needs has been resolved. The natural gas utility shall notify the Commission that it has delayed transportation gas deliveries under this section without the customer's agreement.

G. Transportation customers shall be compensated for the use of transportation gas voluntarily supplied or otherwise used in an emergency to assist a jurisdictional natural gas utility. The level of compensation should be determined through negotiation. Compensation should be limited to reasonable costs associated with alternate fuels or the price difference associated with resupplying gas to the customer. Compensation is not intended to reflect damages that may result from the use of customer-owned gas. Transportation customers or jurisdictional natural gas utilities may request that the State Corporation Commission waive the foregoing compensation limit for the purpose of negotiating contingency emergency supply agreements. Any such agreement must be approved by the Commission. Jurisdictional natural gas utilities may specify the terms of compensation in tariffs, approved pursuant to § 56-237 et seq. of the Code of Virginia.

H. Transportation customers receiving gas supplies from a jurisdictional natural gas utility pursuant to the enactment of curtailment priorities shall be charged a rate equivalent to the gas utility's incremental cost of gas, adjusted for unaccounted for losses and gross receipts taxes plus the gas utility's normal transportation rate.

I. Each jurisdictional natural gas utility shall be authorized to grant exemptions to the priorities and rules adopted herein, and the filed tariffs conforming therewith, for a period not to exceed 10 days. Such exemptions shall be granted, in management's discretion, to avoid undue hardship.

A written report of all requests for an exemption and each exemption granted by a jurisdictional natural gas utility shall be filed with the Director or a designated member of the Commission's Division of Energy Regulation.

J. A gas customer, or a jurisdictional natural gas utility on behalf of a gas customer, may request of the State Corporation Commission an exception to this section, for a period of time greater than 10 days based on hardship or other justifiable circumstances.

K. If gas supplies become inadequate to meet the requirements of customers in Priorities 1 and 2, an Essential Human Needs Emergency may be declared and limitations may be imposed restricting gas usage to Essential Human Needs.

L. Definitions as used in this section:

"Alternate fuel capability (AFC)" means that gas usage for which the customer has the installed facilities to use an alternate fuel, and shall mean that gas usage of 10,000 Mcf or more, per peak month for which it would be reasonable to install facilities to use an alternate fuel. A customer may be deemed not to have AFC if alternate fuel supplies are unavailable or their use restricted, for reasons beyond the control of the customer, during a gas supply emergency. Any exceptions to the definition of AFC must be approved by the Commission.

"Boiler fuel" means that usage of gas of 1500 Mcf, or more, per peak month for the generation of electricity, production of steam, or heating of water. The only exception shall be for Washington Gas Light Company (including Shenandoah Gas Company). Washington Gas Light Company may define boiler fuel as that industrial usage of gas of 100,000 therms, or more, per peak month for the generation of electricity, production of steam, or heating of water.

"Commercial services" means service to customers engaged primarily in the sale of goods or services, to educational institutions, to correctional institutions, and to local, state and federal government agencies for uses other than those involving manufacturing or electric power generation.

"Essential human needs emergency" means a situation in which gas supply, for whatever reason, is inadequate to meet requirements of customers in Priorities 1 and 2.

"Essential human needs" means that gas usage necessary to maintain service to all residential customers and customers qualifying for human needs requirements without AFC, subject to the following restrictions: (i) thermostats in residences, apartments, sanatoriums, rest homes, hospitals, hotels, motels, prisons, and anywhere else that people reside shall be set to 65°F in the day and 55°F at night, unless such setting causes health hazards; and (ii) thermostats in office buildings, retail stores, schools, and other commercial, government and industrial facilities shall be set to the minimum level required to prevent injury to life or property.

"Human needs requirement" means requirements for residences, critical child care and medical facilities, sanatoriums, rest homes, hotels, certain schools, essential agricultural users and food process needs, commercial cooking, prisons, plant protection, water and sewage treatment and electric generating unit start-up and flame stabilization.

"Interruptible service" means that service provided under interruptible rate schedules or under special interruptible contracts.

"Plant protection" means that minimum use of gas necessary to prevent physical damage to plant facilities, danger to plant personnel, and to protect material in production. It shall not include gas to maintain ongoing production of materials.

"Residential usage" means that gas used for normal purposes in maintaining permanent single and multi-family dwellings.

"Peak month" shall remain as presently defined in individual tariffs or past practices of jurisdictional natural gas public utilities; however, for purposes of priority classifications, when a customer's usage is increased, or reduced, on a permanent basis then the customer shall be moved to the priority consistent with the change in usage.

"Electric generating start-up requirements" means that usage of gas associated with the start-up of base load generating units including requirements for flame stabilization where alternate start-up fuels are unavailable. It shall not include gas used for co-firing.

"Essential electric human needs" means that electric usage necessary to maintain service to all residential customers and customers qualifying for human needs requirements, subject to the following restrictions: (i) thermostats in residences, apartments, sanatoriums, rest homes, hospitals, hotels, motels, prisons, and anywhere else that people reside shall be set to 65°F in the day and 55°F at night, unless such setting causes health hazards; and (ii) thermostats in office buildings, retail stores, schools, and other commercial, government and industrial facilities shall be set to the minimum level required to prevent injury to life or property. Electric generation will be deemed to be required for essential electric human needs if the electric utility has implemented emergency load reduction procedures at least to the point of shedding non-critical curtailable load.

ADMINISTRATION

The Director or a designated member of the Commission's Division of Energy Regulation shall be responsible for administering the Schedule of Priorities and Rules adopted herein, subject to review by the Commission as provided by the Commission's Rules of Practice and Procedure in (5VAC5-20).

All written correspondence concerning the foregoing shall be addressed to Natural Gas Priorities and Rules, Attn: Director, Division of Energy Regulation, State Corporation Commission, P.O. Box 1197, Richmond, Virginia 23218.

Statutory Authority

§§ 56-236, 56-237, 56-249, 56-249.1 and 56-250 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE900053, eff. May 1, 1991.