56-231.15 - Definitions.
§ 56-231.15. Definitions.
The following terms, whenever used or referred to in this article, shall havethe following meanings, unless a different meaning clearly appears from thecontext:
"Acquire" means and includes construct, or acquire by purchase, lease,devise, gift or the exercise of the power of eminent domain, or by other modeof acquisition.
"Affiliate" means a separate affiliated or subsidiary corporation or otherseparate legal entity.
"Board" means the board of directors of a cooperative formed under orsubject to this article.
"Commission" means the State Corporation Commission of Virginia.
"Cooperative" means a utility consumer services cooperative formed under orsubject to this article or a distribution cooperative formed under the formerDistribution Cooperatives Act (§ 56-209 et seq.).
"Energy" means and includes any and all forms of energy no matter how orwhere generated or produced.
"Federal agency" means and includes the United States of America, thePresident of the United States of America, the Tennessee Valley Authority,the Federal Administrator of the Rural Utility Service, the SoutheasternPower Administration, the Federal Energy Regulatory Commission, theSecurities and Exchange Commission, the Federal Communications Commission andany and all other authorities, agencies, and instrumentalities of the UnitedStates of America, heretofore or hereafter created.
"HVACR" means heating, ventilation, air conditioning and refrigeration.
"Improve" means and includes construct, reconstruct, replace, extend,enlarge, alter, better or repair.
"Law" means any act or statute, general, special or local, of thisCommonwealth.
"Member" means and includes each natural person signing the articles ofincorporation of a cooperative and each person admitted to membership thereinpursuant to law or its bylaws.
"Municipality" means any city or incorporated town of the Commonwealth.
"Obligations" means and includes bonds, interim certificates or receipts,notes, debentures, and all other evidences of indebtedness either issued by,or the payment of which is assumed or contractually undertaken by, acooperative.
"Patronage capital" includes all amounts received by a cooperative fromsales of electric power or electric distribution services, or both, tomembers in excess of the cooperative's cost of furnishing electric power ordistribution services, or both, to members and such other margins asdetermined by the board of directors.
"Person" means and includes natural persons, firms, associations,cooperatives, corporations, limited liability companies, business trusts,partnerships, limited liability partnerships and bodies politic.
"Propane or fuel oil equipment" means equipment and related systems tostore or use propane or fuel oil products.
"Regulated utility services" means utility services that are subject toregulation as to rates or service by the Commission.
"System" means and includes any plant, works, system, facilities, equipmentor properties, or any part or parts thereof, together with all appurtenancesthereto, used or useful in connection with the generation, production,transmission or distribution of energy or in connection with other utilityservices.
"Traditional cooperative activity" means any business, service or activityin which cooperatives in Virginia have traditionally engaged and that isincidental to and substantially related to the electric utility businessconducted by a cooperative on or before July 1, 1999, provided thattraditional cooperative activity does not include any program to (i) buy ormaintain an inventory of HVACR equipment or household appliances; (ii)install or service any such equipment or household appliances for customers,unless such service is not provided by the cooperative but by a third partyindividual, firm or corporation licensed to perform such service; (iii) sellHVACR equipment or household appliances to customers metered and billed onresidential rates; (iv) sell HVACR equipment to customers other than thosemetered and billed on residential rates except where such sale is anincidental part of providing other energy services or providing othertraditional cooperative activities; (v) sell or distribute propane or fueloil; sell, install or service propane or fuel oil equipment; or maintain orbuy an inventory of propane or fuel oil equipment for resale; or (vi) serveas a coordinator of nonelectric energy services or provide engineeringconsulting services except when such energy or engineering services are anincidental part of a marketing effort to provide other energy or engineeringservices or as a part of providing services that are other traditionalcooperative activities.
"Utility services" means any products, services and equipment related toenergy, telecommunications, water and sewerage.
(1999, c. 874; 2000, cc. 944, 964, 989, 999.)