56-265.3:1 - Certificates to furnish water and sewer service
§ 56-265.3:1. Certificates to furnish water and sewer service.
A. Any company proposing to construct facilities after January 1, 1995,ultimately intended to make water or sewer service available to more thanfifty residential building lots shall, prior to construction or financialcommitments therefor, organize a public service corporation and seekcertificates of public convenience and necessity pursuant to §§ 56-265.2 and56-265.3. The application for such certificates shall include (i) acomprehensive business plan detailing the technical, managerial and financialresources to be devoted to operation of the water or sewer service; (ii)except in the case of a company seeking a certificate to operate a sewerservice only, proof of receipt of, or application for, a permit for thefacilities pursuant to Virginia Department of Health requirements underArticle 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1; and (iii) suchother information as is now or hereafter deemed appropriate by theCommission, including proof of the issuance of a bond or the deposit of fundsin escrow as may be required by the Department of Health pursuant to §32.1-174.1.
B. Certificates of public convenience and necessity shall not be granted bythe Commission unless, in addition to the findings required by §§ 56-265.2and 56-265.3, it also finds that the comprehensive business plan presented inthe application reasonably assures that system performance requirements forproviding water supply can be met over the long term and at reasonable costs.The Commission may issue such certification with any conditions orrestrictions as public interest may require.
C. Water or sewer companies existing on or before January 1, 1995 whichextend their service at any time following the effective date of this sectionshall not be required to comply with the requirements thereof.
D. If any applicant under this section so requests, the Commission shall notdisclose the contents of the comprehensive business plan except as necessaryto perform its duties.
(1994, c. 852.)