Except as provided in § 56-265.4:4, no certificate shall be granted to an applicant proposing to operate in the territory of any holder of a certificate unless and until it shall be proved to the satisfaction of the Commission that the service rendered by such certificate holder in such territory is inadequate to the requirements of the public necessity and convenience; and if the Commission shall be of opinion that the service rendered by such certificate holder in such territory is in any respect inadequate to the requirements of the public necessity and convenience, such certificate holder shall be given reasonable time and opportunity to remedy such inadequacy before any certificate shall be granted to an applicant proposing to operate in such territory. For the purposes of this section, the transportation of natural gas by pipeline, without providing service to end users within the territory, shall not be considered operating in the territory of another certificate holder.
1950, p. 600; 1984, c. 382; 2014, cc. 467, 507.
Structure Code of Virginia
Title 56 - Public Service Companies
Chapter 10.1 - Utility Facilities Act
§ 56-265.3:1. Certificates to furnish water and sewer service
§ 56-265.4. Certificate to operate in territory of another certificate holder
§ 56-265.4:2. Extension of service by cities and towns into annexed areas
§ 56-265.4:4. Certificate to operate as a telephone utility
§ 56-265.4:6. Furnishing non-utility gas service
§ 56-265.5. Effective date of certificates
§ 56-265.7. Appeal from order of revocations, etc.
§ 56-265.8. Proceedings before Commission on or before July 1, 1950