CHAPTER 195

An Act to amend and reenact §§ 56-282, 56-284, as amended, and 56-241
of the Code of Virginia, relating to the definition of certain words,
furnishing of adequate service by a public utility and the rates
charged therefor.

[H 459]

Approved March 5, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 56-232, 56-234, as amended, and 56-241 be amended and
reenacted as follows:

56-232. The term “public utility” as used in §§ 56-233 to 56-240
and 56-246 to 56-249 shall mean and embrace every corporation (other
than a municipality), company, individual, or association of individuals
or co-operative, their lessees, trustees, or receivers, appointed by any court
whatsoever, that now or hereafter may own, manage or control any plant
or equipment or any part of a plant or equipment within the State for the
conveyance of telephone messages or for the production, transmission,
delivery, or furnishing of heat, light, power, or water, or sewerage
facilities, either directly or indirectly, to or for the public.

But the term “public utility” as herein defined shall not be construed
to include any corporation created under the provisions of Title 13 of
the Code of Virginia, and shall not be construed to include any corporation
created under the provisions of Title 13.1 of the Code of Virginia unless
the articles of incorporation expressly state that the corporation is to
conduct business as a public service company.

The term “schedules” as used in §§ 56-234 through 56-245 shall include
schedules of rates and charges for service to the public and also contracts
for rates and charges in sales at wholesale to other public utilities or for
divisions of rates between public utilities, but shall not include contracts
of telephone companies with municipal corporations or the State govern-
ment or contracts of other public utilities with municipal corporations
or the federal or State government, or any contract executed prior to
July one, nineteen hundred fifty.

56-234. It shall be the duty of every public utility to furnish
reasonably adequate service and facilities at reasonable and just rates
to any person, firm or corporation along its lines desiring same, and to
charge uniformly therefor all persons or corporations using such products
under like conditions. But nothing herein contained shall be construed
as applicable to schedules of rates, or contracts for service rendered by any
* telephone company to any municipal corporation or to the State gov-
ernment, or by any other public utility to any municipal corporation or to
the State or Federal government. The provisions hereof shall not apply
to or in any way affect any proceeding pending in the State Corporation
Commission on or before July one, nineteen hundred fifty and shall not
confer on said Commission any jurisdiction not now vested in it with
respect to any such proceeding.

§ 56-241. The power of the Commission over the rates of telephone
companies shall be as defined by this chapter and by chapter 15 (§ 56-458
et seq.) of this title.