A. The Commission shall conduct a pilot program under which two or more nonresidential customers that, as of February 25, 2019, had filed applications seeking to aggregate their load pursuant to subdivision A 4 of § 56-577 within the service territory of a Phase II Utility, as that term is defined in subsection A of § 56-585.1, shall be permitted to purchase electric energy from any supplier of electric energy licensed to sell electric energy within the Commonwealth, subject to the following terms, conditions, and restrictions:

Terms Used In Virginia Code 56-577.1

  • Commission: means the State Corporation Commission. See Virginia Code 56-576
  • Supplier: means any generator, distributor, aggregator, broker, marketer, or other person who offers to sell or sells electric energy to retail customers and is licensed by the Commission to do so, but it does not mean a generator that produces electric energy exclusively for its own consumption or the consumption of an affiliate. See Virginia Code 56-576

1. A pilot program shall be conducted within the certified service territory of the Phase II Utility in which such nonresidential customers are located.

2. The aggregated load participating in the pilot program shall not exceed 200 megawatts.

3. All customers participating in the pilot program shall be subject in all respects to the provisions of subdivision A 3 of § 56-577, with participation in this pilot program being deemed to satisfy subdivision A 4 of § 56-577 and with the load set forth in each application being treated as a single, individual customer for purposes of said subdivision, and shall submit an annual report to the Commission by March 31 each year to demonstrate that, for the preceding calendar year, such load continued to meet the demand limitations of subdivision A 3 of § 56-577.

B. The Commission shall review the pilot program established pursuant to subsection A in 2022.

2020, c. 796.

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