Virginia Administrative Code Title 20 - PUBLIC UTILITIES AND TELECOMMUNICATIONS
In the Virginia Administrative Code, Title 20 is specifically assigned to PUBLIC UTILITIES AND TELECOMMUNICATIONS. Like Title 21, these regulations fall under the purview of the Virginia State Corporation Commission (SCC).
The SCC has a broad mandate to regulate various public service companies in Virginia, ensuring that they provide adequate and non-discriminatory services at just and reasonable rates, and that they operate in the public interest. This includes electric, natural gas, water, and telecommunications companies, as well as certain aspects of railroad safety and transportation.
Title 20 of the Virginia Administrative Code implements the underlying statutes, primarily Title 56 of the Code of Virginia (Public Service Companies), which vests significant regulatory authority in the SCC.
Here's a breakdown of the key areas of regulation typically found under Title 20:
I. General Provisions and Administration (Agency 5 - State Corporation Commission, Subagency 10 - In General):
Rules of Practice and Procedure (20VAC5-10-10 et seq.): These are fundamental rules governing how formal proceedings before the SCC are conducted. They cover:
Filing of applications, petitions, and other pleadings.
Notice requirements.
Intervention procedures.
Discovery.
Conduct of hearings.
Evidence rules.
Appeals.
Definitions: General definitions applicable across various utility regulations.
Customer Service Standards: Broad rules related to the quality of service, billing practices, and customer complaint resolution that apply to multiple types of utilities.
Information Gathering and Reporting: Requirements for public utilities to submit financial, operational, and other reports to the SCC.
II. Utility Accounting and Finance (Agency 5, Subagency 200 - Division of Utility Accounting and Finance):
Uniform System of Accounts: Regulations specifying the accounting principles and methods that public utilities must follow to ensure consistency and transparency in their financial reporting. This is often based on federal standards (e.g., FERC's Uniform System of Accounts).
Issuance of Securities: Rules governing the issuance of stocks, bonds, and other debt instruments by public service companies, to ensure financial stability and protect investors.
Affiliate Transactions: Regulations on transactions between regulated utilities and their unregulated affiliates to prevent self-dealing and ensure costs are properly allocated.
Financing and Debt: Rules related to utility financing, debt management, and the recovery of financing costs through rates.
III. Energy Regulation (Agency 5, Subagency 300 - Division of Energy Regulation):
This is a significant portion of Title 20, covering electric and natural gas utilities.
Rate Regulation:
Rate Cases: Detailed procedures for utilities to file for rate adjustments and for the SCC to review and approve or deny those requests. This involves extensive financial analysis, cost of service studies, and public hearings.
Rate Structures: Rules for designing different rate schedules (e.g., residential, commercial, industrial, demand charges, energy charges).
Fuel Factor Adjustments: Mechanisms for utilities to adjust rates to reflect changes in fuel costs.
Performance-Based Regulation: Rules that may allow for alternative regulatory mechanisms that link utility performance to financial incentives.
Certificates of Public Convenience and Necessity (CPCNs): Requirements for utilities to obtain SCC approval before constructing or expanding major facilities (e.g., power plants, transmission lines, pipelines), ensuring public need and environmental considerations are met.
Integrated Resource Planning (IRP): Regulations requiring electric utilities to develop long-term plans for meeting future energy demand, considering supply-side and demand-side options, including renewable energy and energy efficiency.
Renewable Energy and Energy Efficiency: Rules supporting the development and integration of renewable energy sources and promoting energy efficiency programs.
Service Quality Standards: Regulations ensuring reliable service, managing outages, and addressing customer service issues for electric and gas providers.
Interconnection: Rules for connecting distributed generation or other facilities to the electric grid.
Retail Choice/Competition: While Virginia's electric market has seen a hybrid approach to restructuring, some rules pertain to competitive service providers and aggregators for electric or natural gas supply where allowed.
Limitations on Disconnection of Service (20VAC5-330): Specific rules governing when and how electric and water utilities can disconnect service to residential customers, often with provisions for medical emergencies, cold weather, and payment arrangements.
IV. Telecommunications Regulation (Agency 5, Subagency 400 - Division of Communications):
These rules implement the Virginia Communications Act and other relevant statutes. The telecommunications market in Virginia has seen significant deregulation, but the SCC still maintains oversight in key areas.
Certificates of Public Convenience and Necessity: Requirements for telecommunications companies (e.g., local exchange carriers, interexchange carriers) to obtain certification to provide service.
Interconnection and Access: Rules governing how different telecommunications carriers interconnect their networks and access each other's facilities (e.g., for local exchange competition).
Customer Service Standards: Regulations on service quality, billing, and complaint resolution for telecommunications services.
Pay Telephone Registration: Rules for the registration and operation of pay telephones.
911 and E911 Services: Regulations ensuring the provision and proper functioning of emergency calling services.
Universal Service: Rules related to ensuring access to affordable telecommunications services for all Virginians, often involving state-specific universal service funds.
Consumer Protection: Rules addressing slamming (unauthorized change of service provider) and cramming (unauthorized charges on bills).
V. Utility and Railroad Safety (Agency 5, Subagency 500):
Safety Standards: Regulations related to the safe operation, construction, and maintenance of utility infrastructure (e.g., pipelines, electrical lines) and railroad facilities.
Damage Prevention (Miss Utility): Rules for excavation near underground utility lines to prevent damage and ensure public safety.
Accident Reporting: Requirements for utilities and railroads to report accidents and incidents.
Key Themes and Responsibilities of the SCC (Title 20):
Public Interest: The overarching goal of these regulations is to ensure that public utilities operate in a manner that serves the best interests of Virginia's citizens and businesses.
Just and Reasonable Rates: A core function is to ensure that utilities charge rates that are fair to consumers while allowing utilities a reasonable opportunity to recover costs and earn a fair return.
Reliable and Adequate Service: Ensuring that utilities provide high-quality, reliable, and accessible services.
Safety: Protecting the public and utility workers through comprehensive safety regulations.
Economic Development: Balancing regulatory oversight with the need to foster economic growth and infrastructure development.
Where to Find the Full Text:
Virginia Law Library (Virginia.gov/Law): This is the official source for the Virginia Administrative Code. You can navigate directly to Title 20.
Virginia State Corporation Commission (SCC) Official Website (scc.virginia.gov): The SCC website is an invaluable resource. It provides direct access to the relevant statutes (Title 56 of the Code of Virginia), the full text of the regulations in Title 20, case information, and divisions responsible for utility and telecommunications oversight. Look for sections on "Utility Regulation," "Energy Regulation," and "Communications."
Legal Information Institute (LII) at Cornell Law School (www.law.cornell.edu/regulations/virginia/title-20): Offers a comprehensive and searchable compilation of Title 20.
Anyone interacting with public utilities or telecommunications providers in Virginia, whether as a consumer, a business, or a utility operator, should consult the relevant chapters of Title 20 to understand their rights, obligations, and the regulatory framework.
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