GENERAL NOTICES/ERRATA
Vol. 27 Iss. 26 - August 29, 2011

GENERAL NOTICES/ERRATA

STATE CORPORATION COMMISSION

AT RICHMOND, JULY 28, 2011

APPLICATION OF
NATIONAL COUNCIL ON COMPENSATION
INSURANCE, INC.

CASE NO. INS-2011-00163

For revisions of advisory loss costs and assigned
risk workers' compensation insurance rates

ORDER SCHEDULING HEARING

On July 15, 2011, the National Council on Compensation Insurance, Inc. ("Applicant") filed on behalf of its members, comprising all the insurance companies licensed to write workers' compensation insurance in the Commonwealth, advisory loss costs that Applicant's members may use together with their own expenses and profit and contingency factors in determining the members' rates for policies written in the voluntary market and revised rates and rating values for assigned risk policies. Included in Applicant's filings are advisory loss costs and revised assigned risk rates for the coal classifications (1005 and 1016). Together with its advisory loss costs and assigned risk rate filings, Applicant submitted testimony and exhibits in support of its proposed advisory loss costs, assigned risk rates and rating values. Applicant has proposed to make the requested changes for policies effective on and after April 1, 2012, on all new and renewal business.

NOW THE COMMISSION, having considered Applicant's request, finds that a hearing will be necessary before acting upon the requested revision of workers' compensation assigned risk insurance rates and advisory lost costs, and that notice of the time and place of such hearing should be given to the public. We further find that interested persons and Commission Staff should be given an opportunity to participate in this proceeding.

Accordingly, IT IS ORDERED THAT:

(1) This case is docketed as Case No. INS-2011-00163, and a proceeding shall be instituted pursuant to 5 VAC 5-20-80 A of the Commission's Rules of Practice and Procedure to investigate and determine: (a) whether the advisory loss costs and assigned risk rates as set forth in the filings are excessive, inadequate, or unfairly discriminatory; and (b) any other matter which may be the proper subject of investigation;

(2) This case be set for hearing commencing at 10:00 a.m. on October 27, 2011, in the Courtroom of the State Corporation Commission, Second Floor, Tyler Building, Richmond, Virginia;

(3) On or before August 19, 2011, all persons who expect to participate in the hearing as respondents, as provided by 5 VAC 5-20-80 B of the Commission's Rules of Practice and Procedure, shall file a notice of participation and deliver a copy of the notice of participation to counsel for Applicant;

(4) On or before September 16, 2011, the Commission's Staff, the Office of the Attorney General, and all persons previously filing a notice of participation who wish to participate in the hearing as respondents, shall file with the Clerk of the Commission fifteen (15) copies of the testimony and exhibits of each witness expecting to present direct testimony, and shall simultaneously deliver three (3) copies thereof to counsel for Applicant and any respondent requesting same;

(5) On or before October 7, 2011, Applicant shall file fifteen (15) copies of the rebuttal testimony and exhibits of each witness it intends to offer at the hearing and shall simultaneously deliver three (3) copies of same to counsel for each respondent, the Commission's Staff and the Office of Attorney General;

(6) All interested persons who desire to comment in support of or in opposition to the application shall file such comments on or before October 14, 2011, with the Clerk of the Commission, Document Control Center, P.O. Box 2118, Richmond, Virginia 23218, and shall refer to Case No. INS-2011-00163. Interested persons desiring to submit comments electronically may do so by following the instructions available at the Commission's website: http://www.scc.virginia.gov/caseinfo.htm; and

(7) Applicant shall publish a notice of the time and place of such hearing, setting forth the substance of the proposed advisory loss costs and assigned risk rates and the place or places where the aforesaid documents and the testimony and exhibits of Applicant in support of its filings may be seen by any person in interest, in a newspaper of general circulation published in each of the following cities: Richmond, Norfolk, Newport News, Roanoke, Winchester, Lynchburg, Danville, Bristol, Fredericksburg, and Alexandria once a week for two (2) consecutive weeks beginning not later than the week beginning August 8, 2011, and that proof of such publication be made and filed herein, which notice shall be substantively as follows:

NOTICE TO THE PUBLIC

Notice is hereby given to employers providing workers' compensation insurance under the Workers' Compensation Act and to the public that National Council on Compensation Insurance, Inc. ("Applicant"), on behalf of its member insurers, has applied to the State Corporation Commission ("Commission") for approval of certain changes applicable to voluntary market advisory loss costs and assigned risk rates and rating values for new and renewal workers' compensation insurance policies becoming effective on and after April 1, 2012.

Applicant proposes advisory loss costs that Applicant's members may use along with their own expenses and profit and contingency factors in establishing the members' rates for policies written in the voluntary market.  The proposed advisory loss costs would produce an increase in the overall average pure premium level for the voluntary market industrial classifications of 10.5%.

Applicant proposes changes to the advisory loss costs for "F" (Federal) classifications in the voluntary market that would produce an overall pure premium level increase of 2.8%.

Applicant proposes advisory loss costs for coal classifications 1005 and 1016 in the voluntary market that would produce an overall pure premium level increase of 16.8% and an overall pure premium level increase of 13.4%, respectively.

Applicant proposes a 8.8% increase in the overall average rate level for industrial classifications in the assigned risk plan. Applicant proposes a 0% change in the overall average rate level for "F" classifications in the assigned risk plan and a 15.7% increase and a 10.1% increase in the overall average rate level for coal classifications 1005 and 1016, respectively, in the assigned risk plan.

Applicant has submitted filings and testimony and exhibits in support of the proposed changes in advisory loss costs, assigned risk rates and rating values to the Commission.  That information and other information filed by Applicant in support of its proposals, including the exact assigned risk rates and advisory loss costs for individual classifications, which will vary by classification and may be higher or lower than the overall decreases stated above, may be seen at the Bureau of Insurance, Tyler Building, Richmond, Virginia, and at the Document Control Center of the Office of the Clerk of the Commission, First Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia.

The Commission has instituted an investigation into the changes proposed by Applicant and has set a public hearing thereon in Case No. INS-2011-00163 in its Courtroom, Second Floor, Tyler Building, Richmond, Virginia, at 10:00 a.m. on October 27, 2011.

On or before August 19, 2011, all persons who expect to participate at the public hearing as a party respondent must file a notice of participation in conformity with the Commission's Rules of Practice and Procedure and deliver a copy to Applicant's counsel, Charles H. Tenser, Esquire, 2120 Galloway Terrace, Midlothian, Virginia 23113.

Prepared testimony and exhibits of the witnesses to be offered at the hearing on behalf of each respondent, the Commission's Staff, and the Office of the Attorney General, shall be filed on or before September 16, 2011, in accordance with the Commission order setting the hearing.

On or before October 7, 2011, Applicant shall file fifteen (15) copies of the rebuttal testimony and exhibits of each witness it intends to offer at the hearing and shall simultaneously deliver three (3) copies of same to counsel for each respondent, the Commission's Staff and the Office of Attorney General.

All interested persons who desire to comment in support of or in opposition to the application shall file such comments on or before October 14, 2011, with the Clerk of the Commission, Document Control Center, P.O. Box 2118, Richmond, Virginia 23218, and shall refer to Case No. INS-2011-00163. Interested persons desiring to submit comments electronically may do so by following the instructions available at the Commission's website: http://www.scc.virginia.gov/caseinfo.htm.

Any interested person who desires to make a statement at the hearing in his/her own behalf, either for or against the proposed revisions, but not otherwise participate in the hearing, need only appear in the Commission's Courtroom at 9:45 a.m. on October 27, 2011, and complete a notice of appearance form which will be provided by the Commission. Individuals with disabilities who require an accommodation to participate in the hearing should contact the Commission at least seven (7) days before the scheduled hearing at 1-800-552-7945 (voice) or 1-804-371-9206 (TDD).

NATIONAL COUNCIL ON
COMPENSATION INSURANCE, INC.

AN ATTESTED 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 Commission, c/o Document Control Center, 1300 East Main Street, First Floor, Richmond, Virginia 23219. A copy hereof shall be delivered to the Commission's Office of General Counsel and the Bureau of Insurance in care of Deputy Commissioner Mary M. Bannister.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Total Maximum Daily Load for North Fork Rockfish River, South Fork Rockfish River, Rockfish River, and Taylor Creek Watersheds

The Department of Environmental Quality (DEQ) and the Department of Conservation and Recreation (DCR) seek written and oral comments from interested persons on the development of total maximum daily loads (TMDLs) and implementation plans (IPs) for the North Fork Rockfish River, South Fork Rockfish River, Rockfish River, and Taylor Creek watersheds in Nelson County. The tributaries of the Rockfish River were listed on the 2004 and 2006 § 303(d) TMDL Priority List and Report as impaired due to violations of the state's water quality standard for bacteria; in addition, Taylor Creek was listed in 2008 as impaired due to violations of the state's general water quality standard (benthic) for aquatic life. The bacteria impairment on the North Fork Rockfish begins in the headwaters and extends 7.2 miles to its confluence with the Rockfish River. The South Fork Rockfish bacterial impairment extends 11.6 miles from its headwaters to its confluence with the mainstem Rockfish River. The bacteria impairment on the Rockfish River extends from the confluence of its North and South Forks to its confluence with Davis Creek, which is a total of 6.5 miles. The benthic impairment on Taylor’s Creek extends 5 miles from its headwaters to the confluence with North Fork Perry Creek.

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's § 303(d) TMDL Priority List and Report.

The second public meeting on the development of these TMDLs and IPs will be held on Wednesday, September 7, 2011, 7 p.m. at Rockfish River Elementary School, 200 Chapel Hollow Road, Afton, VA 22920. The TMDL document will be available on the DEQ website the day of the meeting for public comment and review: https://www.deq.virginia.gov/TMDLDataSearch/Draft
Reports.jspx

The public comment period for the second public meeting will end on October 7, 2011. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Tara Sieber, Department of Environmental Quality, 4411 Early Road, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574-7870, FAX (540) 574-7878, or email tara.sieber@deq.virginia.gov.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on August 3, 2011, August 4, 2011, August 5, 2011, August 8, 2011, and August 9, 2011. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Sixty-One (11)

Virginia's Instant Game Lottery 1276; "Money-Tree" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Sixty-Two (11)

Virginia's Instant Game Lottery 1278; "Hail To The Redskins" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Sixty-Three (11)

Virginia Lottery's; "Hail To The Redskins Sweepstakes" Final Rules for Game Operation (effective on August 9, 2011)

Director's Order Number Sixty-Five (11)

Virginia Lottery's; "World Poker Tour Sweepstakes" Final Rules for Game Operation (effective on August 9, 2011)

Director's Order Number Sixty-Six (11)

Virginia's Instant Game Lottery 1243; "Wild Cherry Crossword" Final Rules for Game Operation (effective nunc pro tunc to August 1, 2011)

Director's Order Number Sixty-Seven (11)

Virginia's Instant Game Lottery 1260; "Diamond 7S" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Sixty-Eight (11)

Virginia's Instant Game Lottery 1288; "10X The Money" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Sixty-Nine (11)

Virginia's Instant Game Lottery 1295; "Cash Line Bingo" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Seventy (11)

Virginia's Instant Game Lottery 1256; "Diamond Doubler" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Seventy-One (11)

"Hess Double Play Retailer Incentive Promotion" Virginia Lottery Retailer Incentive Program Rules; (effective on August 5, 2011, and remain in full force and effect until ninety (90) days after the conclusion of the Incentive Program, unless otherwise extended by the Director)

Director's Order Number Seventy-Two (11)

Virginia's Instant Game Lottery 1272; "Winning In Spades" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Seventy-Three (11)

Virginia's Instant Game Lottery 1277; "Turkey Tripler" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Seventy-Four (11)

Virginia's Instant Game Lottery 1185; "WPT® World Poker Tour" Final Rules for Game Operation (effective on August 3, 2011)

Director's Order Number Seventy-Six (11)

Virginia Lottery's "2 Ways 2 Win Sweepstakes" Final Rules for Game Operation (effective on August 8, 2011, and shall remain in full force and effect unless amended or rescinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "2 Ways 2 Win Sweepstakes" game rules)

DEPARTMENT OF MINES, MINERALS AND ENERGY

Notice of Periodic Review

Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2.-4017 of the Code of Virginia, the Department of Mines, Minerals and Energy is conducting a periodic review of 4VAC25-20, Board of Coal Mining Examiners Certification Requirements.

The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia.

The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable.

The comment period begins August 29, 2011, and ends on September 20, 2011.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Michael A. Skiffington, Program Support Manager, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th Floor, Richmond, VA 23219, telephone (804) 692-3212, FAX (804) 692-3237, or email mike.skiffington@dmme.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219; Telephone: Voice (804) 786-3591; FAX (804) 692-0625; Email: varegs@dls.virginia.gov.

Meeting Notices: Section 2.2-3707 C of the Code of Virginia requires state agencies to post meeting notices on their websites and on the Commonwealth Calendar at http://www.virginia.gov/cmsportal3/cgi-bin/calendar.cgi.

Cumulative Table of Virginia Administrative Code Sections Adopted, Amended, or Repealed: A table listing regulation sections that have been amended, added, or repealed in the Virginia Register of Regulations since the regulations were originally published or last supplemented in the print version of the Virginia Administrative Code is available at http://register.dls.virginia.gov/cumultab.htm.

Filing Material for Publication in the Virginia Register of Regulations: Agencies are required to use the Regulation Information System (RIS) when filing regulations for publication in the Virginia Register of Regulations. The Office of the Virginia Register of Regulations implemented a web-based application called RIS for filing regulations and related items for publication in the Virginia Register. The Registrar's office has worked closely with the Department of Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent regulatory information.

ERRATA

STATE CORPORATION COMMISSION

Title of Regulation: 10VAC5-200. Payday Lending (amending 10VAC5-200-90).

Publication: 27:24 VA.R. 2601-2603 August 1, 2011.

Correction to Proposed Regulation:

Page 2603, first column, 10VAC5-200-90, second paragraph, line 8, remove "62.1-1800 et seq."
 and insert "6.2-1800 et seq."

VA.R. Doc. No. R11-2918; Filed August 15, 2011, 10:05 a.m.