Unless the Commission so suspends such schedule of rates, tolls, charges, rules and regulations or changes thereof that are required to be filed under § 56-236, the same shall go into effect as originally filed by any public utility as defined in § 56-232, upon the date specified in the schedule subject, however, to the power of the Commission, upon investigation thereafter, to fix and order substituted therefor such rate or rates, tolls, charges, rules, or regulations, as shall be just and reasonable, as provided in §§ 56-235 and 56-247. The Commission may thereupon, in its discretion, order such public utility to refund or give credit promptly to the parties entitled thereto any portion or all of the charges originally filed by the public utility which may have been collected or received in excess of those charges finally fixed and ordered substituted therefor by the Commission. Rates of any utility found to be operating in violation of § 56-265.3 may be deemed subject to refund by the Commission, on its own motion, as of the date of the Commission's order finding that the utility was operating in violation of § 56-265.3. Such rates shall then be interim in nature and subject to refund until such time as the Commission has determined the appropriateness of the rates. Any amount of the rates found excessive by the Commission shall be subject to refund with interest, as may be ordered by the Commission.
From any action of the Commission in prescribing rates, refunds, credits, tolls, charges, rules and regulations or changes thereof that are required to be filed under § 56-236, an appeal may be taken by the corporation whose rates, refunds, credits, tolls, charges, rules and regulations or changes thereof are affected, or by the Commonwealth, or by any person deeming himself aggrieved by such action.
No such rate increase shall go into effect under the provisions of this section for an investor-owned gas, telephone or electric public utility unless such public utility has filed with its schedule information and data designed to show that any increase complies with the just and reasonable requirements of § 56-235.2, and unless based thereon the Commission finds a reasonable probability that the increase will be justified upon full investigation and hearing. The Commission is authorized to promulgate any rules necessary to implement this provision.
Code 1919, § 4066; 1918, p. 675; 1924, p. 540; 1927, pp. 124, 125; 1971 Ex. Sess., c. 31; 1973, c. 262; 1979, c. 249; 1998, c. 63; 2011, cc. 738, 740.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 10 - Heat, Light, Power, Water and Other Utility Companies Generally
§ 56-232. Public utility and schedules defined
§ 56-232.1. Regulation of service by certain gas pipeline companies to municipalities
§ 56-232.2. Regulation of compressed natural gas service
§ 56-232.2:1. Regulation of electric vehicle charging service
§ 56-233.1. Public utilities purchasing practices
§ 56-234. Duty to furnish adequate service at reasonable and uniform rates
§ 56-234.4. Authority to investigate utility operations to determine efficiency
§ 56-234.5. Required disclosure by certain officers and directors of certain utilities
§ 56-235. When Commission may fix rates, schedules, etc.; conformance with chapter
§ 56-235.1. Conservation of energy and capital resources
§ 56-235.1:1. Rates for stand-by electric service at renewable cogeneration facilities
§ 56-235.1:2. Costs of using small, women-owned, or minority-owned businesses
§ 56-235.3. Procedures for investigation of rate applications
§ 56-235.4. Prohibition of multiple rate increases within any twelve-month period; exception
§ 56-235.5. Telephone regulatory alternatives
§ 56-235.5:1. Local exchange telephone service competition policy
§ 56-235.6. Optional performance-based regulation of certain utilities
§ 56-235.8. Retail supply choice for natural gas customers
§ 56-235.10. Recovery of eligible safety activity costs; administration; procedure
§ 56-235.11. Retail rates of affiliated water utilities
§ 56-235.12. Economic development programs
§ 56-236.1. Rates to be charged churches
§ 56-236.2. Suspension of service to sewerage system
§ 56-237. How changes in rates effected; notice required; changes to be indicated on schedules
§ 56-237.2. Public hearings on protests or objections to rate changes
§ 56-239. Appeal from action of Commission
§ 56-241. Rates of telephone companies
§ 56-241.1. Flat and measured telephone rates; certain rates prohibited
§ 56-241.2. Approval of rates for resale of telephone service
§ 56-242. Temporary reduction of rates
§ 56-243. Duration of such temporary reduction
§ 56-244. Increase to make up for losses due to excessive temporary reduction
§ 56-245. Temporary increase in rates
§ 56-245.1. Meters to be kept in good working condition; defective meters
§ 56-245.1:1. Customers to be notified about nuclear emergency evacuation plans
§ 56-245.1:2. Customers to be notified of renewable power options
§ 56-245.3. Commission to promulgate regulations and standards
§ 56-246. Tests and equipment therefor
§ 56-247. Commission may change regulations, measurements, practices, services, or acts
§ 56-247.1. Commission to require public utilities to follow certain procedures
§ 56-248. Commission to prescribe standard units of products or service
§ 56-248.1. Commission to monitor fuel prices and utility fuel purchases; fuel price index
§ 56-249. Reports by utilities
§ 56-249.2. Certain records to be maintained
§ 56-249.4. How reports shall be filed; reports open to public; rules and regulations
§ 56-249.6. Recovery of fuel and purchased power costs
§ 56-249.7. Certain directors and officers of utility to file shareholder information
§ 56-250. Commission may authorize action by public utility in time of emergency or shortage; plans
§ 56-253. Existing remedies retained
§ 56-254. Sale or lease of plants to cities or towns
§ 56-255. Extension of electric service to territory not being served
§ 56-256. Powers of corporations generally; rights, powers, privileges and immunities, etc.
§ 56-256.1. Height of electric power distribution lines over agricultural land
§ 56-257. Manner of installing underground utility lines
§ 56-257.1. Means of locating nonmetallic underground conduits
§ 56-257.2. Gas pipeline safety
§ 56-257.5. Manner of installing underground utility lines through agricultural operation
§ 56-258. Who to permit laying of pipelines in roads
§ 56-259.1. Instruments conveying easements to public service corporations
§ 56-260. Compensation for damages
§ 56-260.1. Contract provisions exempting company from liability unlawful
§ 56-261. Duties of companies furnishing water or sewerage facilities
§ 56-261.1. Duties of water and sewerage companies in certain counties
§ 56-261.2. Hydrant connections and water supply for fire protection in certain counties
§ 56-262. Proceeding upon failure of public service corporation to perform duties
§ 56-263. Commission may order increase in service
§ 56-264. Quo warranto in case of failure to comply with order of Commission
§ 56-264.1. Collection of rates, fees and charges