A. Any company proposing to construct facilities after January 1, 1995, ultimately
intended to make water or sewer service available to more than fifty residential building
lots shall, prior to construction or financial commitments therefor, organize a public
service corporation and seek certificates of public convenience and necessity pursuant
to §§ 56-265.2 and 56-265.3. The application for such certificates shall include (i) a comprehensive business
plan detailing the technical, managerial and financial resources 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 sewer service only, proof of receipt of, or application
for, a permit for the facilities pursuant to Virginia Department of Health requirements
under Article 2 (§ 32.1-167 et seq.) of Chapter 6 of Title 32.1; and (iii) such other information as is now or hereafter
deemed appropriate by the Commission, including proof of the issuance of a bond or
the deposit of funds in 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 by the Commission
unless, in addition to the findings required by §§ 56-265.2 and 56-265.3, it also finds that the comprehensive business plan presented in the application
reasonably assures that system performance requirements for providing water supply
can be met over the long term and at reasonable costs. The Commission may issue such certification with any conditions or restrictions
as public interest may require.
C. Water or sewer companies existing on or before January 1, 1995 which extend their
service at any time following the effective date of this section shall not be required
to comply with the requirements thereof.
D. If any applicant under this section so requests, the Commission shall not disclose
the contents of the comprehensive business plan except as necessary to perform its
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