Chap. 159.—An ACT to empower the State corporation commission to regulate
the delivery of power, heat, light or water by public utility oe

138]
Approved March 10, 1920.

1. Be it enacted by the general assembly of Virginia, That when-
ever it shall appear by satisfactory evidence that any public utility
corporation furnishing in the State of Virginia to its customers power,
heat, light or water, cannot supply all of its customers the usual
requirements of each by reason of strikes, accidents, want of coal, or
for any other reason, then the State corporation commission shall have
the power to require such public utility corporation to give preference
in supplying power, heat, light or water to its customers and con-
sumers, whether persons or corporations, in the following order of
priority :

(a) Domestic consumers, including hotels, hospitals, asylums, and
railway or steam boat stations:

(b) The American army and navy; .

(c) Public service corporations, including plants and such por-
tions of plants as supply light, heat, water and transportation for
public use;

(d) Producers, manufacturers and storers of food products, in-
cluding refrigerating plants used for the storage and preservation of
foods;

(e) National, State, county and municipal government emergency
requirements.

Provided further that in determining the amount of heat, light,
power or water to be furnished the preferred consumers, the State
corporation commission shall not allow any greater amount than 1s
necessary to tide over the emergency, and due regard shall be had
tu the rights of consumers not on the preferred list consistent with the
provisions of this act. |

2. Any person or corporation who is engaged in the preferred
lines of business, but who cannot obtain, because of strikes, accidents,
want of coal, or other causes, from a public utility corporation the
amount of power, heat, light or water, which is necessary to prevent
serious injury or loss to its business, or has good reason to belteve
that such amount of power will not be furnished because of strikes,
accidents, want of coal, or other causes, such person or corporation
may forthwith apply by petition, in writing, verified by affidavit.
setting forth the facts to the State corporation commission, praying
that the commission do require such public utility corporation to fur-
nish such person or corporation with sufficient power, heat, light or
water, to prevent serious injury or loss to its business or to the
products of its business.

3. Such petition shall be heard after reasonable notice to such
public utility corporation; provided, however, that in case of sudden
public emergency, or when danger of serious injury or loss to perish-
able products is imminent, the commission may make an ex parte
order, requiring such public utility corporation to furnish to the
petitioner the necessary amount of power, heat, light or water; pro-
vided, further, that such amount shall not exceed the amount actually
necessary and in no case to exceed the amount called for in any con-
tract between the parties.

4. When upon such emergency such ex parte order is entered
the same will be vacated at the end of thirty days, unless further en-
larged, and upon the entry of such emergency order such public
utility corporation shall be notified of such order and made a party
defendant in the petition.

5. Any person or corporation affected by any proceedings au-
thorized by this act shall have the right to be made a party to the
proceedings and assert their rights therein.