A. The Commission shall adopt regulations pursuant to its rules of practice and procedure
that require an electric utility to provide a rate for stand-by service to customers
that operate a cogeneration facility in the Commonwealth that generates renewable
energy, as defined in § 56-576. Such regulations shall allow the electric utility to recover all of the costs that
are identified by the electric utility and determined by the Commission to be related
to the provision of the stand-by service, including but not limited to the costs of
transformers and other equipment required to provide stand-by service and the costs
of capacity and generation, including but not limited to fuel costs.
B. Within 90 days following the effective date of the regulations adopted pursuant
to subsection A, each public utility providing electric service in the Commonwealth
shall submit a plan setting forth how the utility will comply with the regulations
if it does not already have stand-by provisions approved by the Commission that comply
with the regulations. The Commission shall, after notice and the opportunity for hearing, determine whether
a utility's plan complies with the regulations.
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