TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS
STATE CORPORATION COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 20VAC5-309. Rules for Enforcement of the Underground Utility Damage Prevention Act (amending 20VAC5-309-15 through 20VAC5-309-60, 20VAC5-309-90, 20VAC5-309-110, 20VAC5-309-120, 20VAC5-309-150, 20VAC5-309-165, 20VAC5-309-180, 20VAC5-309-190, 20VAC5-309-200; adding 20VAC5-309-210, 20VAC5-309-215).
Statutory Authority: §§ 12.1-13 and 56-265.30 of the Code of Virginia.
Effective Date: April 1, 2024.
Agency Contact: William Henry Harrison IV, Associate General Counsel, Office of General Counsel, Public Utility Regulation, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9228, FAX or email william.harrison@scc.virginia.gov.
Summary:
Pursuant to Chapters 299 and 300 of the 2023 Acts of Assembly, the amendments align Rules for Enforcement of the Underground Utility Damage Prevention Act (20VAC5-309) with statutory changes, including (i) updating and adding new definitions; (ii) clarifying the commission's inspection authority; and (iii) requiring that, in the event of an unintended release of hazardous gas or liquid, an excavator must remain on site, at a safe distance, until such time as emergency response personnel arrive to the site.
AT RICHMOND, MARCH 4, 2024
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. URS-2023-00251
Ex Parte: In the matter concerning a
rulemaking proceeding to revise the Commission's Rules
for Enforcement of the Virginia Underground Utility Damage
Prevention Act, 20VAC5-309-10 et seq.
ORDER ADOPTING REGULATIONS
Virginia Code ("Code") § 56-265.30 directs the State Corporation Commission ("Commission") to enforce the provisions of Chapter 10.3 of Title 56, the Virginia Underground Utility Damage Prevention Act ("Act"), and provides for the Commission's promulgation of rules or regulations necessary to implement the Commission's authority. The Commission's Rules for Enforcement of the Underground Utility Damage Prevention Act ("Rules") are set forth in Chapter 309 of Title 20 of the Virginia Administrative Code.1 During its 2023 Session, the Virginia General Assembly passed Senate Bill 1145 and House Bill 2132 amending, among other things, procedural due process and Commission authority as set forth by the Act, effective July 1, 2023. The Commission's Division of Utility and Railroad Safety ("Division") has indicated that changes to the Commission's authority and due process requirements render it in the public interest to enact amendments to the Rules.
On September 12, 2023, the Commission entered an Order for Notice and Comment ("Procedural Order") which, among other things, directed that notice of the Proposed Rules be given to interested persons and that such interested persons and the Commission Staff ("Staff") be provided an opportunity to file written comments on, propose modifications or supplements to, or request a hearing on the Proposed Rules. The Procedural Order directed the Staff to respond to any comments, proposals, or requests for hearing, and to provide a copy of the Procedural Order to the Registrar of Regulations for publication in the Virginia Register of Regulations.2
Kentucky Utilities Company d/b/a Old Dominion Power Company, Virginia Utility Protection Service, Inc., American Petroleum Institute, The Williams Companies, Inc., and Shentel filed comments in this proceeding.
On February 2, 2024, Staff filed its comments ("Staff Comments") which made further modification to the Proposed Rules based on comments provided by interested parties.
NOW THE COMMISSION, having considered this matter, is of the opinion and finds that the proposed amendments to the Rules clarify the Rules and should be adopted as modified by the Staff Comments. The Rules we adopt herein contain modifications to those that were first proposed by the Staff and published in the Virginia Register of Regulations on October 9, 2023. The Staff asserts in its Comments that the Commission's Advisory Committee continues its support of these modifications to the Rules.
Accordingly, IT IS ORDERED THAT:
(1) The Commission's Rules for Enforcement of the Underground Utility Damage Prevention Act, 20VAC5-309-10 et seq., are amended as shown in Attachment A to this Order and shall become effective as of April 1, 2024.
(2) A copy of these regulations as set out in Attachment A of this Order Adopting Regulations shall be forwarded to the Registrar of Regulations for publication in the Virginia Register of Regulations.
(3) This case is dismissed.
Commissioner James C. Dimitri participated in this matter.
A COPY hereof shall be sent by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the State Corporation Commission, c/o Document Control Center, 1300 E. Main Street, First Floor, Tyler Building, Richmond, Virginia 23219. A copy shall also be sent to the Commission's Office of General Counsel and Division Utility and Railroad Safety.
_________________________________
120VAC5-309-10
et seq.
2The Procedural Order and the proposed regulation were published in the October 9, 2023, issue of the Virginia Register of Regulations.
20VAC5-309-15. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Act" means the Underground Utility Damage Prevention Act (Chapter 10.3 (§ 56-265.14 et seq.) of Title 56 of the Code of Virginia).
"Clear evidence" as used in § 56-265.24 C of the Code of Virginia shall include, but is not limited to,
"Division" means the State Corporation Commission's Division of Utility and Railroad Safety.
"GPS" means global positioning system.
"Installation records of a utility line" means maps, drawings, [ diagram diagrams ], sketches, or any other depictions or descriptions of an underground utility line that reflect the location at the time of installation in a reasonably accurate manner.
"Locate" or "marking" means an operator's or its an operator's contract locator's markings of an underground utility line.
"Parcel" means land description that records the boundaries of [ privately-owned ] property, including the entire property without regards to easements.
[ "Person" means any individual, operator, firm, joint venture, partnership, corporation, association, municipality, or other political subdivision, governmental unit, department, or agency and includes any trustee, receiver, assignee, or personal representative thereof. ]
"Serious impact on public health" means any condition involving a water or sewer utility line that creates, or may create, a danger to the health and [ well being well-being ] of the public.
20VAC5-309-20. Report of probable violations.
Any person, as defined in § 56-265.15 of the Code of Virginia, may report probable violations of Chapter 10.3 of Title 56 to the State Corporation Commission, Division of Utility and Railroad Safety (division). The reports of probable violations may be submitted to the division in writing, by phone, fax, e-mail
20VAC5-309-30. Commission staff investigation of probable violations.
Upon receipt of a report of a probable violation, the State Corporation Commission staff ("staff") shall conduct an investigation to examine all the relevant facts regarding the reported probable violation. The investigation may include, among other things, records verification, informal meetings, teleconferences, and photo-documentation. Responses to reports of probable violations may be provided to the division in writing, by phone, fax, e-mail or email, or in person. Upon completion of the investigation, the staff shall review its findings and recommendations with the Advisory Committee established in accordance with § 56-265.31 of the Act Code of Virginia.
20VAC5-309-40. Advisory Committee review of probable violations.
A. The Advisory Committee (committee), established by the State Corporation Commission (commission), shall meet on a periodic basis to review probable violations of the Act, this chapter, and the commission staff's (staff) findings and recommendations relative to such violations. Upon determination of either the staff or the committee that a violation may have occurred, and that an enforcement action is required, the staff shall take one or more of the following actions:
1. Issue a warning letter to the person alleged to have committed the violation ( respondent
2. Issue an information letter to a county, city, or town alleged to have committed the violation;
3. Enter settlement negotiations with the respondent defendant. Upon reaching agreement on settlement terms, the division shall present the proposed settlement to the commission for final acceptance or rejection; or
4. Request the issuance of a "Rule to Show Cause" order pursuant to 5VAC5-20-90 of the commission's Rules of Practice and Procedure.
B. In the event that the staff but not the committee recommends enforcement action against a probable violator, not withstanding 20VAC5-309-40 notwithstanding subdivision A 3 of this section, the staff may not pursue a settlement with the probable violator absent the initiation of a rule to show cause. As part of its request for a rule to show cause, staff shall report to the commission the committee's recommendations and reason [ or reasons ] for the committee's recommendations.
C. As soon as practicable after its establishment, the committee shall develop and implement a set of bylaws. These bylaws shall delineate the committee's practice and procedures relative to performing the duties assigned by the commission, including the review of probable violations of the Act and this chapter.
D. If deemed necessary, the committee shall establish one or more subcommittees of experts in the operations covered by the Act. These subcommittees shall assist the committee in performing its assigned duties.
20VAC5-309-50. Commission action.
A. The State Corporation Commission (commission) may accept or reject a proposed settlement to resolve probable violations of the Act and this chapter. If the commission rejects a proposed settlement, a public hearing will be scheduled to receive evidence and take appropriate enforcement action as provided by the commission's Rules of Practice and Procedure (5VAC5-20-10 et seq.)
B. If the commission finds, after a hearing, that a violation has occurred or is continuing, it may issue a remedial order. The remedial order may direct the party or parties to take any action [ which that ] is consistent with such party's or parties' obligations under the Act, including the payment of a civil penalty as provided by § 56-265.32 of the Code of Virginia. A remedial order issued by the commission under this section shall be effective upon issuance, in accordance with its terms, unless stayed, suspended, modified, or rescinded.
C. If the commission finds that a violation has occurred or is continuing and presents an immediate potential danger to life, health, property, or essential public service, the commission may issue a temporary injunction and schedule a hearing and require the respondent to show cause why it should not be enjoined on account of the alleged violation or violations of the Act and this chapter.
20VAC5-309-60. Civil penalties Sanctions.
A. The State Corporation Commission (commission) may, by judgment entered after a hearing on notice duly served on any person not less than 30 days before the date of the hearing, enjoin or impose sanctions not inconsistent with Chapter 3 (§ 12.1-12 et seq.) of Title 12.1 and § 56-265.32 of the Code of Virginia if it is proved that the person violated any of the provisions of this chapter as a result of a failure to exercise reasonable care. Any proceeding or civil penalty undertaken pursuant to this section shall not prevent nor preempt the right of any party to obtain civil damages for personal injury or property damage in private causes of action. This subsection shall not authorize the commission to impose civil penalties on any county, city, town, or other political subdivision. However, the commission shall inform the counties, cities, towns, and other political subdivisions of reports of alleged violations involving the locality or political subdivision and, at the request of the locality or political subdivision, suggest corrective action.
B. In determining the amount of any civil penalty included in a settlement, the nature, circumstances, and gravity of the violation; the degree of the respondent's defendant's culpability; the respondent's defendant's history of prior offenses; and such other factors as may be appropriate shall be considered.
B. C. The respondent and shall be used for administering the regulatory program authorized by the Act. Any excess funds shall be used for public awareness programs established pursuant to subsection B of § 56-265.16:1 of the Code of Virginia.
20VAC5-309-90. Emergency excavation or demolition.
A. No person shall serve an emergency notice on the notification center locate request unless the work to be performed is in response to an "emergency," as the term is defined in § 56-265.15 of the Code of Virginia.
B. When excavation or demolition is required during an emergency as defined in § 56-265.15 of the Code of Virginia, all reasonable precautions shall be taken to protect underground utility lines that may be located at the site of the excavation. These precautions shall include, but are not limited to, the following:
1. Dispatched personnel or crews responding to the emergency shall notify the notification center and request by requesting an emergency locate of the underground utility lines at the earliest reasonable opportunity;
2. After arriving at the site, the person responding to the emergency shall determine the need for immediate action;
3. If immediate action is required, all reasonable precautions shall be taken to protect the underground utility lines. These actions shall include, but are not limited to,
a. Conduct a thorough site assessment to determine the location of underground utility lines;
b. Locate the underground utility lines with acceptable equipment, if possible;
c. Hand dig around the underground utility lines;
d. Directly notify the utility line operators, if necessary; and
e. If prudent, the excavator shall wait for marking of the excavation area by operators having utility lines in the excavation area.
20VAC5-309-110. General marking requirements.
A. All markings shall be suitable for their intended purpose for a period of 15 working days beginning at 7 a.m. on the next working day following notice by the excavator to the notification center a locate request or the scheduled excavation date.
B. Markings shall be made at sufficient intervals to clearly indicate the approximate horizontal location and direction of the underground utility line. However, the distance between any two marks indicating the same utility line shall not exceed 20 feet. Site conditions or directional changes of the underground utility line shall be considered to determine the need for shorter distance between marks.
C. Markings of underground utility lines shall be by means of stakes, paint, flags, or combination thereof. The terrain, site conditions, and the type and extent of the proposed excavation shall be considered to determine the most suitable means to mark underground utility lines.
D. Paint marks shall be approximately 8
E. A minimum of three separate marks shall be made for each underground utility line marking.
F. Valve box covers that are at grade and visible shall be marked in response to a locate request with the appropriate color in accordance with the Act.
G. If in the process of marking an underground utility line, a customer-owned underground utility line of the same type is discovered, the operator or its contract locator shall make a reasonable effort to contact the excavator or the customer to advise of the presence of the line.
H. Where the proposed excavation crosses an underground utility line, markings shall be at intervals that clearly define the route of the underground line.
I. All markings shall extend [ , ] if practical, a reasonable distance beyond the boundaries of the specific location of the proposed work as detailed on the ticket locate request.
J. If the use of line marking is considered damaging to property (driveways, landscaping, historic locations to the extent boundaries are known), "spot" marking or other suitable marking methods shall be used.
K. Markings shall be valid for an excavation site for 15 working days beginning at 7 a.m. on the next working day following notice to the notification center the locate request or the scheduled excavation date by the excavator or until one of the following events occurs:
1. The markings become faded, illegible, or destroyed; or
2. If the markings were placed in response to an emergency and the emergency condition has ceased to exist.
L. Where permitted by the operator's records, all utility lines of the same type in the same trench owned by the same operator shall be marked individually or by a single mark. If a single mark is used, the number of the utility lines shall be indicated at every other mark.
M. Operators or their contract locators shall use all information necessary to mark their facilities accurately.
N. Markings of an underground pipeline utility line greater than 12 inches in nominal outside dimension shall be marked with line markings indicating the approximate outer dimensions of the utility line and include the size in inches at every other mark.
O. Duct structures and conduit systems shall be marked with line markings indicating the approximate outer dimensions of the duct structure or conduit system and a solid closed circle over the approximate center of the duct structure or conduit system.
P. In areas where marks would be destroyed, such as high traffic areas, gravel areas, or dirt areas,
Q. The assigned letter designations for each operator to be used in conjunction with markings of underground utility lines shall be the same as those assigned by the notification center certified for a geographic area, subject to the review of the same and approval of such designations in writing by the advisory Advisory Committee (committee). Such approved designations by the advisory committee shall be deemed final unless appealed to the State Corporation Commission (commission) within 30 days of the advisory committee's written evidence of approval. Operators wishing to appeal the letter designations assigned in accordance with this section may file an appropriate formal pleading with the commission seeking review of the assigned letter designation within 30 days of the issuance of the written approval of the advisory committee.
R. The symbols for marking of underground utility lines in compliance with § 56-265.19 F (ii) of the Act Code of Virginia shall be the same as those placed in response to a notice of proposed excavation or demolition
20VAC5-309-120. Notification of clear evidence.
No person shall serve a notice on the notification center notified the notification center of the proposed excavation submitted a locate request pursuant to § 56-265.17 A of the Code of Virginia, (ii) the excavator has complied with the requirements of 20VAC5-309-180, and (iii) the excavator has observed clear evidence of the presence of an unmarked utility line in the area of the proposed excavation.
20VAC5-309-150. Requirement for trenchless excavation.
A. Any person conducting trenchless excavation shall take all reasonable steps necessary to protect and support underground utility lines. Except as provided in subsection B of this section, these steps shall include the following:
1. The excavator [ should shall ] verify that all utility lines in the area are marked by reviewing the positive response system and comparing [ them the positive responses, as defined in § 56-265.15 of the Code of Virginia, ] to the marks on site;
2. The excavator shall ensure that bore equipment stakes are installed at a safe distance from marked utility lines;
3. When grounding rods are used, the excavator shall ensure that they are installed at a safe distance (at least 24 inches plus the width of the utility line, if known) away from the marked or staked location of utility lines;
4. The excavator shall ensure sufficient clearance is maintained between the bore path and any underground utility lines during pullback;
5. The excavator shall give special consideration to water and sewer systems within the area that cannot be located accurately;
6. Unless prohibited by other laws, ordinances, regulations, or rules of governmental and regulatory authorities having jurisdiction, the excavator shall expose all utility lines that will be in the bore path by hand digging to establish the underground utility line's location prior to commencing bore. For a parallel type bore, unless prohibited by other laws, ordinances, regulations, or rules of governmental and regulatory authorities having jurisdiction, the excavator shall expose the utility line by hand digging at reasonable distances along the bore path;
7. The excavator shall ensure the drill head locating device is functioning properly and within its specification prior to commencing the bore;
8. The excavator shall visually check the drill head as it passes through potholes, entrances, and exit pits; and
9. If the depth indicated by the locating device is lower than the bottom of the pothole or pit, the excavator shall cease boring until the hole or pit can be hand excavated further to maintain a visual inspection of the drill head.
B. Notwithstanding the requirements of subdivision A 6 of this section, any person conducting trenchless excavation crossing any gravity fed sewer main or combination storm/sanitary sewer system utility lines need not expose such utility lines by hand digging if, in addition to meeting the other applicable requirements set forth in subsection A of this section, the following steps are taken:
1. Prior to commencing a trenchless excavation project, the excavator shall receive documentation from the utility line operator (such as, but not limited to, documentation through the permitting process) documenting that the operator has been notified of the proposed trenchless excavation and that trenchless excavation will be used to cross its underground utility line. The scope of a trenchless excavation project shall not exceed the scope of a single notice of excavation;
2. Prior to commencing the boring process, the excavator shall determine (i) the depth of the utility line through appropriate locating technology and (ii) the diameter and condition of the utility line using a sewer system camera with video recording capability;
3. The excavator shall ensure that a clearance of at least three feet is maintained between the bore path and the utility line;
4. After the trenchless excavation project has been completed, the excavator or a qualified contractor shall use a closed circuit sewer system video camera to determine the condition of the utility line and ensure that no cross bore or other damage has occurred;
5. The excavator or qualified contractor shall immediately notify the utility line operator of any damage found; and
6. After the bore has been completed, the excavator or qualified contractor shall make all video documentation available to the utility line operator and the division upon request. Such video documentation shall be maintained and made available for 12 months from the time of the notice of excavation.
C. The provisions of subsection B of this section shall apply only to gravity fed sewer mains or combination storm/sanitary systems that are considered "utility lines" as that term is defined in § 56-265.15 of the Act
20VAC5-309-165. Operator's responsibilities for abandoned utility lines.
A. Upon receipt of an additional notice to the notification center locate request pursuant to § 56-265.24 C of the Code of Virginia, if the operator determines that an abandoned utility line exists, the operator shall provide the status of the utility line to the excavator within 27 hours, excluding Saturdays, Sundays, and legal holidays, from the time the excavator makes the additional notice to the notification center locate request. The excavator and operator may negotiate a mutually agreeable time period in excess of 27 hours for the operator to provide such information to the excavator if site conditions prohibit the operator from making such a determination or extraordinary or exigent circumstances exist, as defined in § 56-265.15 of the Code of Virginia. If the site conditions prohibit the operator from making such a determination or extraordinary or exigent circumstances exist, the operator shall directly notify the person who proposes to excavate or demolish and shall, in addition, notify that person of the date and time when the status of the utility line will be determined. The deferral to determine the status of the utility line shall be no longer than 96 hours from 7 a.m. on the next working day following the excavator's additional notice to the notification center locate request.
B. The operator shall record and maintain the location information of the abandoned utility line as determined by the operator. Such records need not include abandoned underground electric, telecommunications, cable television, water, and sewer lines connected to a single family dwelling unit.
20VAC5-309-180. Excavator site inspection.
Prior to excavation, excavators shall verify they are at the correct location and; shall verify locate markings with the positive response system; and, to the best of their ability, check for unmarked utility lines. If unmarked utility lines are identified, the excavator shall comply with the requirements of § 56-265.24 C of the Code of Virginia.
20VAC5-309-190. Delineating specific location of a proposed excavation or demolition.
A. Any person, as defined in § 56-265.15 of the Code of Virginia, providing notice of a proposed excavation or demolition submitting a locate request shall clearly describe the limits of the proposed excavation or demolition with sufficient detail to enable the operators to ascertain the location of the proposed excavation. The specific location of the proposed excavation or demolition may include, but is not limited to:
1. GPS coordinates taken at a single point where work is planned or GPS coordinates taken to delineate a line, multi-segment line, or polygon. When providing a single point, line, or multi-segment line, the person providing notice shall include an area measured in feet from the coordinates that describe the work area. If a polygon is used, the proposed work area shall be inside the polygon. GPS nomenclatures used for providing coordinates to the notification center shall be as approved by the advisory committee.
2. White lining to delineate the area where excavation will take place. For single point excavation, the area shall be marked using dots, dashes, or white flags to show the operators the area of excavation. If utility markings are desired outside a white lined area, the excavator shall provide clear instructions, to include the distance in feet outside the white lined area, to the notification center. For continuous excavations, such as trenching and boring, the excavator shall mark the center line of excavation by the use of dots or dashes. The excavation width, in feet, shall be indicated on either side of the center line in legible figures or noted in the marking instructions given to the notification center.
3. White lining performed by electronic means using aerial imagery. White lining performed by electronic means shall follow the same requirements as listed in subdivision 2 of this subsection.
4. A reference to the two nearest intersecting streets, if available, or driving directions.
B. In the event that a proposed excavation or demolition is planned at a single address at which there is no more than one structure, the area of proposed excavation or demolition may, if geographically feasible, be described by dividing the parcel or property into four quadrants from the perspective of facing the front of the property using the center of the structure as the center point of the four quadrants. If no structure exists on the property, the center of the parcel or property will be used as the center point of the four quadrants. These four quadrants shall be referred to as Front Left, Front Right, Rear Left, and Rear Right. If the proposed area consists only of Front Left and Front Right quadrants, the term "Front" shall be sufficient. If the proposed area of excavation consists only of Rear Left and Rear Right quadrants, the term "Rear" shall be sufficient. If the proposed area of excavation consists only of Front Left and Rear Left quadrants, the term "Left Side" shall be sufficient. If the proposed area of excavation consists only of Front Right and Rear Right quadrants, the term "Right Side" shall be sufficient. If the proposed area of excavation includes three out of the four quadrants, the entire property may be used for the proposed excavation or demolition.
C. If the notice of proposed excavation or demolition notice locate request until specific location information is obtained, except in the case of excavations or demolitions performed during an emergency, as defined in § 56-265.15 of the Code of Virginia. The notification center shall issue the emergency notices with as much information as is available to it.
D. The area covered under each locate request shall not exceed 1/3 of a mile. [ A parcel Locate requests with areas of proposed excavation located on parcels ] defined within the existing notification center mapping data [ that has and having ] one or more sides that is 1/3 of a mile or longer [ , ] shall not automatically exceed the area covered by a single locate request.
20VAC5-309-200. Reporting damage by calling 911.
In the event that damage to an underground utility line results in the escape of any flammable, toxic, hazardous, or corrosive gas or liquid, the excavator shall, in addition to complying with §§ 56-265.24 D and E of the Code of Virginia, promptly report the damage to the appropriate authorities by calling the 911 or official emergency telephone number if 911 service is unavailable for any reason. The excavator shall remain at or near the site of the damage, at a safe distance from the escape of any flammable, toxic, hazardous, or corrosive gas or liquid and shall make contact with the utility line operator upon arrival on site.
20VAC5-309-210. Provision of access to facilities and records.
Upon presenting appropriate credential, agents of the division responsible for determining compliance with the Act or compliance with 49 USC § 60101 et seq. or regulations or orders issued thereunder shall be provided access to relevant excavation or demolitions sites, incident or accident sites, facilities, or infrastructure to determine compliance or jurisdiction upon request.
If agents of the division responsible for determining compliance with the Act or compliance with 49 USC § 60101 et seq. or regulations or orders issued thereunder inspect or investigate an accident or incident involving facilities jurisdictional to the commission authority, the operator or owner of those facilities shall make available to the representative records and information that pertain to the event, including procedures, records, and test results.
20VAC5-309-215. Enforcement of § 56-265.24:1 of the Code of Virginia.
Enforcement of § 56-265.24:1 of the Code of Virginia shall reside with the circuit court of competent jurisdiction, unless such court declines to exercise its authority.
VA.R. Doc. No. R24-7673; Filed March 04, 2024