§ 56-265.3. Certificate to furnish public utility service; allotment ofterritory transfers, leases or amendments.
A. No public utility shall begin to furnish public utility service within theCommonwealth without first having obtained from the Commission a certificateof public convenience and necessity authorizing it to furnish such service.Any company engaged in furnishing a public utility service in thisCommonwealth as of July 1, 1950, shall, upon filing maps with the Commissionwithin ninety days from such date, showing the territory now being served byit, be entitled to receive a certificate of convenience and necessityauthorizing it to begin to furnish such public utility service in suchterritory. Also, any company that is granted authority under the PublicUtilities Securities Act, Chapter 3 (§ 56-55 et seq.) of this title to issuesecurities for the purpose of constructing or extending facilities describedin the application for such authority, shall, if the application was filedwith the State Corporation Commission before February 1, 1950, have the sameright to a certificate of convenience and necessity that it would have had ifthe facilities had been in operation and serving the public on February 1,1950. Any company which was engaged in furnishing a public utility service inthis Commonwealth as of July 1, 1950, and which is now so engaged inproviding the same kind of service, and which could have filed maps with theCommission in accordance with the requirements of this section but failed todo so, may file such maps not later than January 1, 1974, showing theterritory now being served by it, and be entitled to receive a certificate ofconvenience and necessity authorizing it to continue to furnish the same kindof public utility service in such areas to the same extent as if it had filedmaps as of July 1, 1950.
B. On initial application by any company, the Commission, after formal orinformal hearing upon such notice to the public as the Commission mayprescribe, may, by issuance of a certificate of convenience and necessity,allot territory for development of public utility service by the applicant ifthe Commission finds such action in the public interest.
C. If the initial application provides for the furnishing of water orsewerage service within any political subdivision in which there has beencreated an authority for either or both of such purposes pursuant to Chapter51 (§ 15.2-5100 et seq.) of Title 15.2, the Commission shall not hold anyhearing on such application or issue any certificate for the allotment ofterritory unless the application shall first have been approved by thegoverning body of the political subdivision in which the territory islocated. In any area where a water company was in existence and furnishingwater prior to the formation of an authority to provide water, the Commissionmay hold a hearing on an application and issue a certificate to the watercompany for that territory which was served prior to the creation of theauthority whether or not the governing body of the political subdivision hasapproved the application. In any area where a sewer company was in existenceand furnishing sewer services prior to the formation of an authority toprovide sewer services, the Commission may hold a hearing on an applicationand issue a certificate to the sewer company for that territory which wasserved prior to the creation of the authority whether or not the governingbody of the political subdivision has approved the application.
D. If the Commission finds it to be in the public interest, upon theapplication of a holder of a water or sewer certificate, such certificate maybe transferred, leased or amended after such reasonable notice to the publicand opportunity to be heard as the Commission by order may prescribe. TheCommission may authorize the transfer, lease, or amendment of the certificatesubject to such restrictions as the Commission finds will promote the publicinterest.
E. The Commission is authorized to promulgate any rules necessary toimplement this section.
(1950, c. 599; 1968, c. 720; 1973, c. 397; 1986, c. 521; 1988, c. 233.)
§ 56-265.3. Certificate to furnish public utility service; allotment ofterritory transfers, leases or amendments.
A. No public utility shall begin to furnish public utility service within theCommonwealth without first having obtained from the Commission a certificateof public convenience and necessity authorizing it to furnish such service.Any company engaged in furnishing a public utility service in thisCommonwealth as of July 1, 1950, shall, upon filing maps with the Commissionwithin ninety days from such date, showing the territory now being served byit, be entitled to receive a certificate of convenience and necessityauthorizing it to begin to furnish such public utility service in suchterritory. Also, any company that is granted authority under the PublicUtilities Securities Act, Chapter 3 (§ 56-55 et seq.) of this title to issuesecurities for the purpose of constructing or extending facilities describedin the application for such authority, shall, if the application was filedwith the State Corporation Commission before February 1, 1950, have the sameright to a certificate of convenience and necessity that it would have had ifthe facilities had been in operation and serving the public on February 1,1950. Any company which was engaged in furnishing a public utility service inthis Commonwealth as of July 1, 1950, and which is now so engaged inproviding the same kind of service, and which could have filed maps with theCommission in accordance with the requirements of this section but failed todo so, may file such maps not later than January 1, 1974, showing theterritory now being served by it, and be entitled to receive a certificate ofconvenience and necessity authorizing it to continue to furnish the same kindof public utility service in such areas to the same extent as if it had filedmaps as of July 1, 1950.
B. On initial application by any company, the Commission, after formal orinformal hearing upon such notice to the public as the Commission mayprescribe, may, by issuance of a certificate of convenience and necessity,allot territory for development of public utility service by the applicant ifthe Commission finds such action in the public interest.
C. If the initial application provides for the furnishing of water orsewerage service within any political subdivision in which there has beencreated an authority for either or both of such purposes pursuant to Chapter51 (§ 15.2-5100 et seq.) of Title 15.2, the Commission shall not hold anyhearing on such application or issue any certificate for the allotment ofterritory unless the application shall first have been approved by thegoverning body of the political subdivision in which the territory islocated. In any area where a water company was in existence and furnishingwater prior to the formation of an authority to provide water, the Commissionmay hold a hearing on an application and issue a certificate to the watercompany for that territory which was served prior to the creation of theauthority whether or not the governing body of the political subdivision hasapproved the application. In any area where a sewer company was in existenceand furnishing sewer services prior to the formation of an authority toprovide sewer services, the Commission may hold a hearing on an applicationand issue a certificate to the sewer company for that territory which wasserved prior to the creation of the authority whether or not the governingbody of the political subdivision has approved the application.
D. If the Commission finds it to be in the public interest, upon theapplication of a holder of a water or sewer certificate, such certificate maybe transferred, leased or amended after such reasonable notice to the publicand opportunity to be heard as the Commission by order may prescribe. TheCommission may authorize the transfer, lease, or amendment of the certificatesubject to such restrictions as the Commission finds will promote the publicinterest.
E. The Commission is authorized to promulgate any rules necessary toimplement this section.
(1950, c. 599; 1968, c. 720; 1973, c. 397; 1986, c. 521; 1988, c. 233.)
§ 56-265.3. Certificate to furnish public utility service; allotment ofterritory transfers, leases or amendments.
A. No public utility shall begin to furnish public utility service within theCommonwealth without first having obtained from the Commission a certificateof public convenience and necessity authorizing it to furnish such service.Any company engaged in furnishing a public utility service in thisCommonwealth as of July 1, 1950, shall, upon filing maps with the Commissionwithin ninety days from such date, showing the territory now being served byit, be entitled to receive a certificate of convenience and necessityauthorizing it to begin to furnish such public utility service in suchterritory. Also, any company that is granted authority under the PublicUtilities Securities Act, Chapter 3 (§ 56-55 et seq.) of this title to issuesecurities for the purpose of constructing or extending facilities describedin the application for such authority, shall, if the application was filedwith the State Corporation Commission before February 1, 1950, have the sameright to a certificate of convenience and necessity that it would have had ifthe facilities had been in operation and serving the public on February 1,1950. Any company which was engaged in furnishing a public utility service inthis Commonwealth as of July 1, 1950, and which is now so engaged inproviding the same kind of service, and which could have filed maps with theCommission in accordance with the requirements of this section but failed todo so, may file such maps not later than January 1, 1974, showing theterritory now being served by it, and be entitled to receive a certificate ofconvenience and necessity authorizing it to continue to furnish the same kindof public utility service in such areas to the same extent as if it had filedmaps as of July 1, 1950.
B. On initial application by any company, the Commission, after formal orinformal hearing upon such notice to the public as the Commission mayprescribe, may, by issuance of a certificate of convenience and necessity,allot territory for development of public utility service by the applicant ifthe Commission finds such action in the public interest.
C. If the initial application provides for the furnishing of water orsewerage service within any political subdivision in which there has beencreated an authority for either or both of such purposes pursuant to Chapter51 (§ 15.2-5100 et seq.) of Title 15.2, the Commission shall not hold anyhearing on such application or issue any certificate for the allotment ofterritory unless the application shall first have been approved by thegoverning body of the political subdivision in which the territory islocated. In any area where a water company was in existence and furnishingwater prior to the formation of an authority to provide water, the Commissionmay hold a hearing on an application and issue a certificate to the watercompany for that territory which was served prior to the creation of theauthority whether or not the governing body of the political subdivision hasapproved the application. In any area where a sewer company was in existenceand furnishing sewer services prior to the formation of an authority toprovide sewer services, the Commission may hold a hearing on an applicationand issue a certificate to the sewer company for that territory which wasserved prior to the creation of the authority whether or not the governingbody of the political subdivision has approved the application.
D. If the Commission finds it to be in the public interest, upon theapplication of a holder of a water or sewer certificate, such certificate maybe transferred, leased or amended after such reasonable notice to the publicand opportunity to be heard as the Commission by order may prescribe. TheCommission may authorize the transfer, lease, or amendment of the certificatesubject to such restrictions as the Commission finds will promote the publicinterest.
E. The Commission is authorized to promulgate any rules necessary toimplement this section.
(1950, c. 599; 1968, c. 720; 1973, c. 397; 1986, c. 521; 1988, c. 233.)
