56-586.1 - Electric energy emergencies.
§ 56-586.1. Electric energy emergencies.
A. As used in this section, "electric energy emergency" means an unplannedinterruption in the generation or transmission of electricity resulting froma hurricane, ice storm, windstorm, earthquake or similar natural phenomena,or from a criminal act affecting such generation or transmission, act of waror act of terrorism, which interruption is (i) of such severity that minimumlevels of reliable service cannot be maintained using resources practicablyobtainable from the market and (ii) so imminently and substantiallythreatening to the health, safety or welfare of residents of thisCommonwealth that immediate action of state government is necessary toprevent loss of life, protect the public health or safety, and preventunnecessary or avoidable damage to property.
B. The Governor is authorized, after finding that an electric energyemergency exists and that appropriate federal and state agencies andappropriate reliability councils cannot adequately address such emergency, todeclare an electric energy emergency by filing a written declaration with theSecretary of the Commonwealth. The declaration shall state the counties andcities or utility service areas of the Commonwealth in which the declarationis applicable, or its statewide application. A declared electric energyemergency shall go into immediate effect upon filing and continue in effectfor the period prescribed in the declaration, but not more than thirty days.At the end of the prescribed period, the Governor may issue anotherdeclaration extending the emergency. The Governor shall terminate suchdeclaration as soon as the basis for such declaration no longer exists.
C. During a declared electric energy emergency, the Governor is authorized,in compliance with guidelines of the Department of Emergency Servicespromulgated as provided in subsection G, to require any generator or anymunicipal electric utility that is capable of generating but (i) is notgenerating or (ii) is not generating at its full potential during suchdeclared electric emergency, to generate, dispatch or sell electricity from afacility that it operates within the Commonwealth, to the Commonwealth fordistribution within the areas of the Commonwealth designated in thedeclaration. The quantity of electricity required to be generated, dispatchedor sold, and the duration of such requirements, shall be as determined by theGovernor to be necessary to alleviate the electric energy emergency hardship.The Commonwealth shall compensate an entity required to generate, dispatch,or sell electricity pursuant to this subsection, and the operator of anytransmission facilities over which the electricity is transmitted, in themanner provided in § 56-522, mutatis mutandis, unless otherwise provided byfederal law. The Department of Environmental Quality, the State AirPollution Control Board, the State Water Control Board, and the VirginiaWaste Management Board shall issue any temporary or emergency permit, order,or variance necessary to authorize any permit amendments or other changesneeded to meet the requirements imposed under this section and the Governormay petition the President to declare a regional energy emergency under 42U.S.C. § 7410(f) as necessary to suspend enforcement of any provision of thefederal Clean Air Act. Any increased operation required during such declaredemergency shall not be counted towards the number of hours of operationallowed during the year. No civil charges or penalties shall be imposed forany violation that occurs as a result of actions taken that are necessary forthe required generation, dispatch or sale during the declared electric energyemergency. The foregoing provisions shall apply to all actions the entitytakes in connection with such required generation, dispatch or sale duringthe period of the declared emergency.
D. During a declared electric energy emergency, the Governor may use theservices, equipment, supplies, and facilities of existing departments,offices, and agencies of the Commonwealth, and of the political subdivisionsthereof, to the maximum extent practicable and necessary to meet the electricenergy emergency. The officers and personnel of all such departments,offices, and agencies shall cooperate with and extend such services andfacilities to the Governor upon request.
E. During a declared electric energy emergency, the Governor is authorized torequest the Secretary of the United States Department of Energy to invokesection 202(C) of the Federal Power Act, 16 U.S.C. § 824a (1935).
F. The General Assembly is authorized by joint resolution to terminate anydeclaration of an electric energy emergency. The emergency shall beterminated at the time of filing of the joint resolution with the Secretaryof the Commonwealth.
G. The Department of Emergency Services, in consultation with the Commissionand the Secretary of Commerce and Trade, shall establish guidelines for theimplementation of the Governor's powers pursuant to subsection C that protectthe public health and safety and prevent unnecessary or avoidable damage toproperty with a minimum of economic disruption to generators, transmittersand distributors of electricity. Such guidelines shall:
1. Define various foreseeable levels of electric energy emergencies andspecify appropriate measures to be taken for each type of electric energyemergency as necessary to protect the public health or safety or preventunnecessary or avoidable damage to property;
2. Prescribe appropriate response measures for each level of electric energyemergency; and
3. Equitably distribute the burdens and benefits resulting from theimplementation of this section among other members of the affected class ofpersons within all geographic regions of the Commonwealth.
H. During a declared electric energy emergency, the attorney general maybring an action for injunctive or other appropriate relief in the CircuitCourt of the City of Richmond to secure prompt compliance. The court mayissue an ex parte temporary order without notice that shall enforce theprohibitions, restrictions or actions that are necessary to secure compliancewith the guideline, order or declaration.
I. During a declared electric energy emergency, no person shall intentionallyviolate any guideline adopted or declaration issued pursuant to this section.Any person who violates this section is guilty of a Class 1 misdemeanor.
(2002, c. 609.)