State Codes and Statutes
Statutes > Virginia > Title-10-1 > Chapter-11-1 > 10-1-1197-8§ 10.1-1197.8. Limitation of State Corporation Commission authority.
A. If the owner or operator of a small renewable energy project to whom theDepartment has authorized a permit by rule pursuant to this article is not autility regulated pursuant to Title 56, then the State Corporation Commissionshall not have jurisdiction to review the small renewable energy project orto condition the construction or operation of a small renewable energyproject upon the State Corporation Commission's issuance of any permit orcertificate under any provision of Title 56, provided that the StateCorporation Commission shall retain jurisdiction to resolve requests forjoint use of the rights of way of public service corporations pursuant to §56-259 and denials of requests for interconnection of facilities pursuant to§ 56-578.
B. If the owner or operator of a small renewable energy project to whom theDepartment has authorized a permit by rule pursuant to this article is autility regulated pursuant to Title 56, such small renewable energy projectshall be exempt from any provision of § 56-46.1 and any correspondingprovision of subsection D of § 56-580 or Chapter 10.1 (§ 56-265.1 et seq.) ofTitle 56 that requires environmental review and permitting by the StateCorporation Commission. An operator of a small renewable energy project thatis a utility regulated pursuant to Title 56 shall nonetheless be required toobtain a certificate of public convenience and necessity pursuant tosubsection D of § 56-580.
(2009, cc. 808, 854.)
