56-231.38 - Definitions.
§ 56-231.38. Definitions.
As used in this article:
"Affiliate" means a separate affiliated or subsidiary corporation or otherseparate legal entity.
"Board" means any board of directors of a cooperative formed under or whichbecomes subject to this article.
"Commission" means the State Corporation Commission of Virginia.
"Cooperative" means a power supply cooperative formed under the formerPower Supply Cooperatives Act (§ 56-231.1 et seq.) or a utility aggregationcooperative formed under this article or which becomes subject to thisarticle.
"Energy" means and includes all energy, regardless of how or where it isgenerated or produced.
"HVACR" means heating, ventilation, air conditioning and refrigeration.
"Member" means any person that holds any class of membership in acooperative.
"Obligations" means all evidences of indebtedness issued by or the paymentof which is assumed by a cooperative.
"Patronage capital" includes all amounts received by a cooperative from thesale of electric power to members in excess of the cooperative's cost offurnishing electric power to members and such other margins as determined bythe Board.
"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 any plant, works, facility, or property used or useful inconnection with the purchase, generation, sale or transmission of energy,utility products and services, or both.
"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, however, 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.)