Regulated utility services offered by a cooperative shall be reasonably adequate, subject to the regulations of the Commission, as provided in § 56-231.34. The charge made by any such cooperative for any regulated utility service rendered or to be rendered, either directly or in connection therewith, shall be nondiscriminatory, reasonable and just, and every discriminatory, unjust or unreasonable charge for such regulated utility service is prohibited and declared unlawful. Reasonable and just charges for service within the meaning of this section shall be such charges as shall produce sufficient revenue to pay all legal and other necessary expenses incident to the operation of the system, and shall include but not be limited to maintenance cost, operating charges, interest charges on bonds or other obligations, to recover such stranded costs and transition costs as may be authorized in this title, to provide for the liquidation of bonds or other evidences of indebtedness, to provide adequate funds to be used as working capital, as well as reasonable reserves and funds for making replacements and also for the payment of any taxes that may be assessed against such cooperative or its property, it being the intent and purpose hereof that such charges shall produce an income sufficient to maintain such cooperative property in a sound physical and financial condition to render adequate and efficient service and additional amounts that must be realized by the cooperative to meet the requirement of any rate covenant with respect to coverage of principal of and interest on its debt contained in any indenture, mortgage, or other contract with holders of its debt, provided that any such indenture, mortgage or other contract must have been approved by the Commission pursuant to Chapter 3 (§ 56-55 et seq.) of this title. Any rate for regulated utility services that is too low to meet the foregoing requirements shall be unlawful.
1999, c. 874; 2000, cc. 944, 999.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 9.1 - Utility Consumer Services Cooperatives and Utility Aggregation Cooperatives
§ 56-231.16. Organization; purpose
§ 56-231.17. Articles of incorporation
§ 56-231.19. Filing articles of incorporation; effect thereof; other provisions of law applicable
§ 56-231.21. Dissolution and termination of cooperatives
§ 56-231.22. Charter amendments
§ 56-231.23. General powers granted
§ 56-231.24. Power to dispose of property
§ 56-231.25. Power to issue obligations
§ 56-231.26. Covenants in connection with obligations
§ 56-231.27. Power to purchase its own obligations
§ 56-231.28. Board of directors of cooperatives
§ 56-231.29. Powers of board of directors
§ 56-231.30. Rights and liabilities of members
§ 56-231.31. Payment of certain patronage capital to spouse or next of kin of deceased person
§ 56-231.31:1. Donation of certain patronage capital to the cooperative
§ 56-231.32. Service to members
§ 56-231.33. Adequate service; rates
§ 56-231.34. Regulation by Commission
§ 56-231.34:1. Separation of regulated and unregulated businesses
§ 56-231.34:2. Right of action; violation of rules or regulations
§ 56-231.35. Charter fees, etc.
§ 56-231.36. Construction of article; conflicting laws
§ 56-231.37. How article cited
§ 56-231.39. Organization and purpose
§ 56-231.41. Articles of incorporation
§ 56-231.44. Board of directors
§ 56-231.47. Adoption of article
§ 56-231.48. Applicability of other laws
§ 56-231.49. Restructuring costs
§ 56-231.50. Regulation by State Corporation Commission
§ 56-231.50:1. Separation of regulated and unregulated businesses
§ 56-231.50:2. Right of action; violation of rules or regulations