GENERAL NOTICES/ERRATA
Vol. 35 Iss. 9 - December 24, 2018

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (as amended July 16, 2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Department for Aging and Rehabilitative Services is conducting a periodic review and small business impact review of 22VAC30-60, Grants to Area Agencies on Aging. The review of this regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form.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 December 24, 2018, and ends January 14, 2019.

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 Charlotte Arbogast, Senior Policy Advisor, Department for Aging and Rehabilitative Services, 8004 Franklin Farms Drive, Richmond, VA 23229, telephone (804) 662-7093, FAX (804) 662-7663, or email charlotte.arbogast@dars.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 both reviews will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE AIR POLLUTION CONTROL BOARD

Opportunity for Public Comment on the State Implementation Plan Revision - § 110(a)(2) with Respect to the 2015 Ozone NAAQS

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) for the 2015 Ozone National Ambient Air Quality Standard (NAAQS) supporting the infrastructure requirements of the federal Clean Air Act. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia SIP in accordance with the requirements of § 110(a) of the Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA).

Purpose of notice: DEQ is seeking comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related to general state plan infrastructure for controlling the interstate transport of air pollution for the 2015 Ozone NAAQS.

Public comment period: December 24, 2018, through January 23, 2018.

Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed at the end of this notice. In order to be considered, the request must include the full name and address of the person requesting the hearing and be received by DEQ on the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted.

Description of proposal: The proposed revision consists of a demonstration that Virginia meets the obligations of § 110(a)(2) with respect to the 2015 Ozone NAAQS.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ on the last day of the comment period. All information received is part of the public record.

To review the proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website at http://www.deq.virginia.gov/Programs/Air/PublicNotices/airplansandprograms.aspx.

The documents may also be obtained by contacting the listed DEQ representative. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations: 1) DEQ Main Street Office, 1111 East Main Street, Suite 1400, Richmond, VA, telephone (804) 698-4070; 2) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800.

Contact Information: Doris A. McLeod, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 698-4319, or email doris.mcleod@deq.virginia.gov.

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the State Air Pollution Control Board conducted a small business impact review of 9VAC5-540, Emergency Generator General Permit, and determined that this regulation should be retained in its current form. The board is publishing its report of findings dated November 19, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation continues to be needed. It provides sources with the most cost-effective means of fulfilling ongoing state and federal requirements that protect air quality. There was one comment received that requested a change to the regulation, but none were received that were consistent with the purpose of the regulation, which is to permit the use of emergency generators in emergencies. The regulation's level of complexity is appropriate to ensure that the regulated entity is able to meet its legal mandate as efficiently and cost-effectively as possible. This regulation does not overlap, duplicate, or conflict with any state law or other state regulation.

This regulation became effective in 2011. Over time, it generally becomes less expensive to characterize, measure, and mitigate the regulated pollutants that contribute to poor air quality. This regulation continues to provide the most efficient and cost-effective means to determine the level and impact of excess emissions and to control those excess emissions.

The department, through examination of the regulation and relevant public comments, has determined that the regulatory requirements currently minimize the economic impact of emission control regulations on small businesses and thereby minimize the impact on existing and potential Virginia employers and their ability to maintain and increase the number of jobs in the Commonwealth.

Contact Information: Gary Graham, Regulatory Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4319, or email gary.graham@deq.virginia.gov.

 

BOARD OF AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Audiology and Speech-Language Pathology conducted a small business impact review of 18VAC30-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Audiology and Speech-Language Pathology is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

BOARD OF COUNSELING

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Counseling conducted a small business impact review of 18VAC115-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Counseling is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Counseling, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

STATE CORPORATION COMMISSION

AT RICHMOND, NOVEMBER 26, 2018

COMMONWEALTH OF VIRGINIA, ex rel.

CASE NO. PUR-2018-00059

STATE CORPORATION COMMISSION

Ex Parte: In the matter
concerning the implementation by
Appalachian Power Company d/b/a
American Electric Power-Virginia
of a pilot program for the deployment of
electric power storage batteries pursuant to
Enactment Clause Nos. 9 and 10 of
Senate Bill 966

and

COMMONWEALTH OF VIRGINIA, ex rel.

CASE NO. PUR-2018-00060

STATE CORPORATION COMMISSION
Ex Parte: In the matter
concerning the implementation by
Virginia Electric and Power
Company d/b/a Dominion Energy Virginia
of a pilot program for the deployment of
electric power storage batteries pursuant to
Enactment Clause Nos. 9 and 10 of
Senate Bill 966

ORDER ESTABLISHING GUIDELINES

Pursuant to provisions within Chapter 296 of the 2018 Acts of Assembly ("Act"),1 the State Corporation Commission ("Commission") docketed these proceedings to implement electric power storage pilot programs for Appalachian Power Company ("APCo") and Dominion Energy Virginia ("DEV"). The Act directs the Commission to adopt such rules or establish such guidelines by December 1, 2018, as may be necessary for the general administration of the pilot programs.

On April 20, 2018, the Commission issued its Order Directing Comments ("Order Directing Comments") herein for the purpose of receiving comments from APCo, DEV and any other interested party regarding the implementation of these pilot programs. The Order Directing Comments further required DEV and APCo to submit comments (and permitted interested parties to submit comments) concerning any rules or guidelines such utilities or interested parties believed necessary for the general administration of these programs.

On June 19, 2018, DEV and APCo jointly filed comments in these dockets suggesting that the Commission adopt guidelines for the administration of these pilot programs (in lieu of a formal rulemaking). The utilities attached to their joint comments, a set of draft guidelines proposed as the basis for Commission guidelines concerning these programs.2 Comments were also received from Cliona Mary Robb, in her capacity as Chair of the Virginia Solar Energy Development and Energy Storage Authority. No additional comments were received in response to the Order Directing Comments.

The Commission Staff's ("Staff") Action Brief filed in these dockets thereafter stated that the guidelines jointly proposed by DEV and APCo were generally compliant with the requirements outlined in Enactment Clauses 9 and 10 of the Act. The Staff suggested revisions to the draft and further recommended that the Commission issue an Order providing notice of these draft guidelines, as revised by the Staff, allowing DEV and APCo, and other interested parties to submit comments thereon.

On August 28, 2018, the Commission issued its Order for Comments on Draft Guidelines ("August 28, 2018 Order") soliciting comments on the revised draft guidelines. Comments were to be filed on or before October 1, 2018.3 Thereafter, on September 28, 2018, the Commission issued its Order Extending Comment Period herein, extending the deadline for submitting comments on the draft guidelines to October 19, 2018.

Comments concerning the revised draft guidelines were jointly submitted by APCo and DEV on October 19, 2018 ("Joint Comments"). The Joint Comments principally propose that the Commission incorporate in these guidelines certain provisions previously proposed by APCo and DEV in their joint submission on June 19, 2018 (but not incorporated in the revised draft guidelines attached to the Commission's August 28, 2018 Order).  These provisions relate to the "repurposing" of battery energy storage systems during a pilot program subject to these guidelines.4 The Joint Comments also propose that utility annual reporting requirements in the guidelines be modified to address circumstances in which information for an annual report is not available or applicable.5 No additional comments were received concerning the revised draft guidelines made available for comment by the August 28, 2018 Order.

NOW THE COMMISSION, upon consideration of the matter, is of the opinion and finds as follows: The Act states that the Commission shall adopt rules or establish such guidelines by December 1, 2018, as may be necessary for the general administration of the pilot programs to deploy electric power storage batteries. We have considered all comments and submissions in these dockets, and find it reasonable to establish the Guidelines Regarding Electric Power Storage Battery Pilot Programs attached to this Order. We have substantially incorporated therein the modifications proposed by DEV and APCo in their Joint Comments, together with other clarifying changes. The guidelines attached to this Order show the additions and deletions associated with such modifications.

Accordingly, IT IS ORDERED THAT:

(1) The Guidelines Regarding Electric Power Storage Battery Pilot Programs as set forth in the Attachment to this Order are hereby established pursuant to the Act; and

(2) There being nothing further to come before the Commission in this proceeding, the case is hereby dismissed.

AN ATTESTED COPY HEREOF shall be sent by the Clerk of the Commission to:  Joseph K. Reid, III, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, 14th Floor, Richmond, Virginia 23219; Mark O. Webb, General Counsel, Dominion Resources Services, Inc., 120 Tredegar Street, Richmond, Virginia 23219; Noelle J. Coates, Senior Counsel, American Electric Power Service Corporation, 3 James Center, 1051 East Cary Street, Suite 1100, Richmond, Virginia 23219; James R. Bacha, Esquire, American Electric Power Service Corporation, 1 Riverside Plaza, 29th Floor, Columbus, Ohio 43215; Cliona Mary Robb, Esquire, 3006 Seminary Avenue, Richmond, Virginia 23227; and C. Meade Browder, Jr., Senior Assistant Attorney General, 202 N. 9th Street, 8th Floor, Richmond, Virginia 23219-3424. Copies shall be delivered to the Commission's Office of General Counsel and Divisions of Public Utility Regulation and Utility Accounting and Finance.

_________________________

1The Act, signed into law by the Governor of Virginia on March 9, 2018, became effective July 1, 2018. At the direction of the Virginia Code Commission, Enactment Clauses 9 and 10 of the Act establishing this pilot program were codified as § 56-585.1:6 of the Code of Virginia.

2The draft guidelines, inter alia, defined the scope of "battery energy storage systems" ("BESS"); outlined information to be furnished to the Commission regarding each proposal to deploy such storage systems in conjunction with these pilot programs; and contained utility reporting requirements including (i) written notice by these electric utilities to the Commission prior to placing a BESS into service as part of a pilot program, and (ii) annual reports by these electric utilities to the Commission concerning the status of each pilot program. 

3The Commission also directed the Commission's Division of Public Utility Regulation to provide copies of this Order and the draft guidelines by electronic transmission, or when electronic transmission was not possible, by mail, to individuals, organizations, and companies identified by Staff as potentially having an interest in these proceedings.

4APCo and DEV propose that the guidelines permit a utility to utilize a BESS for some period other than the expected five-year period established under the draft guidelines if the BESS is "repurposed" by the utility.  Related language establishing procedures by which a utility would notify the Commission that a BESS is to be repurposed is also proposed in the Joint Comment. The Joint Comments further propose that "repurpose" be defined in the guidelines, and that this term be defined to mean "chang[ing] the application(s) or location of the BESS from what was in the initial project." The Staff's Action Brief had identified the absence of such a definition in the June 19, 2018 joint submission of APCo and DEV as one basis for not recommending the inclusion of "repurposing" provisions in the guidelines; Staff had also questioned the necessity of these provisions. The Joint Comments, however, noted that unforeseen events or changes in technology could result in the utilization of an installed BESS in a different or more economical way than originally approved. To allow for flexibility and to account for these possibilities, the Joint Comments advocated the inclusion of these provisions in the Commission's guidelines. The Commission is advised by the Staff that it has no objection to the inclusion of the "repurposing" language proposed in the Joint Comments.

5Language proposed in the Joint Comments would permit a utility to note and explain any information requested in the guidelines that is not available or applicable at the time of each annual report. The Commission is advised by the Staff that it does not object to this proposed modification.

Guidelines Regarding Electric Power Storage Battery Pilot Programs

A. Purpose

The Commission is establishing these guidelines pursuant to Enactment Clause Nos. 9 and 10 of the Grid Transformation and Security Act of 2018, Chapter 296 of the 2018 Virginia Acts of Assembly, regarding pilot programs for electric power storage batteries (the "Pilot Programs").1 Specifically, Enactment Clause No. 10 provides that the Commission shall establish such general guidelines as may be necessary for its administration of the Pilot Programs by December 1, 2018.

B. Applicability

These guidelines ("Guidelines") are applicable to each Phase I Utility and Phase II Utility, as such terms are defined in subdivision A 1 of § 56-585.1 of the Code of Virginia. In other words, these guidelines are applicable to Appalachian Power Company, the Phase I Utility, and Virginia Electric and Power Company, currently doing business as Dominion Energy Virginia, the Phase II Utility.

C. Definition

"Battery energy storage systems" ("BESS"). A system that includes the battery (or batteries) and all the equipment necessary to interconnect the battery (or batteries) to the utility's electric system. This includes but is not limited to switchgear, transformers, inverters, switches, cables, wires, conductors, bus work, protection devices and systems, control devices and systems, fire protection systems, and environmental protection systems.

"Repurpose." To change the application(s) or the location of a BESS from that stated in an initial project filing.

D. Filing

Each utility may file with the Commission one or more applications to participate in the Pilot Program at different times, up to the maximum allowable capacity cap of 10 megawatts ("MW") for the Phase I Utility and 30 MW for the Phase II Utility. The utility will note and explain the omission of any information requested in these Guidelines that is not available or applicable at the time of each filing.

Any information considered to be confidential may be designated as such, filed separately, and include a request that it be treated in accordance with the Commission's Rules of Practice and Procedure, 5 VAC 5-20-10, et seq.

E. Contents of Filing

Each proposal to deploy a BESS submitted as part of the Pilot Program shall include the following information:

• Location. The utility shall provide the location where the utility proposes to install the BESS. If the utility proposes to install a BESS at a customer premise, the utility shall provide the name and address of the customer, a description of the arrangement with the customer allowing collocation on the customer's property, and a description of the proposed ownership of the BESS.

• Capacity. The utility shall provide the capacity of the proposed BESS and the aggregate capacity of all proposals approved by the Commission under the Pilot Program for the utility.

• Technology. The utility shall specify the proposed BESS technology and the manner in which the BESS will be or has been procured.

• In-Service Date. The utility shall provide the expected date on which the proposed BESS will be placed into service. The in-service date shall serve as the start date for the BESS as part of the Pilot Program. The proposed BESS will be in service for five years unless the utility has provided notice to repurpose or retire the BESS. Each proposal shall include an explanation by the utility for any proposed use of the BESS beyond the five-year duration of the Pilot Program.

• Useful Life and Decommissioning. The utility shall provide the projected useful life of the proposed BESS, including known or projected performance degradation and proposed plan for decommissioning at the end of its useful life.

• Cost. The utility shall provide the projected installation cost of the proposed BESS and a detailed analysis of the projected operation and maintenance ("O&M") cost associated with the proposed BESS.  This shall include an appropriate cost metric for evaluation based on the proposed objective(s) of the BESS.

• Asset Classification. The utility shall indicate its preferred classification of the proposed BESS as a generation, transmission, or distribution asset.

• Objective. The utility shall specify the objective(s) that the specific proposal will seek to accomplish, including a description of how the specific proposal will accomplish the stated objective(s).  Permissible objectives, as listed in Enactment Clause No. 9, include: (i) improved reliability of electrical transmission or distribution systems; (ii) improved integration of different types of renewable resources; (iii) deferred investment in generation, transmission, or distribution of electricity; (iv) reduced need for additional generation of electricity during times of peak demand; or (v) connection to the facilities of a customer receiving generation, transmission, and distribution service from the utility.

• Metrics and Performance Data. The utility shall provide the initial metrics that will be used to determine if the proposed BESS is meeting the objective(s) that the proposal seeks to accomplish. Initial metrics may include performance and operational safety metrics.

F. Repurposing

If a utility seeks to repurpose a BESS that the Commission has approved for inclusion in the Pilot Program and that the utility has deployed as part of the Pilot Program, the utility shall provide notice to the Commission at least thirty (30) days before repurposing the BESS. The notice shall include all of the information required by Section E of these Guidelines, as well as the reason why the utility seeks to repurpose the BESS.

A repurposed BESS will continue to count toward the allowable capacity cap as originally approved.

G. Reporting

The utility shall provide written notice to the Commission within fifteen (15) business days of placing a BESS into service as part of the Pilot Program. The written notice shall include the actual capacity of the BESS placed into service and the capacity remaining available to the utility for future proposals under the Pilot Program. 

Each utility shall submit to the Commission an annual consolidated report on the status of the Pilot Program by March 31 of the following year. The report shall include the aggregate capacity of Commission-approved proposals under the Pilot Program. For each approved proposal, the report shall include (i) an update on the progress of the specific proposal in meeting its objective(s), using metrics identified in the initial filing for the proposal as approved by the Commission; (ii) an update on installation cost, as well as actual and projected O&M costs; and (iii) performance data and metrics over time, including any additional metrics developed during the course of the deployment. The report shall also discuss (i) transmission and distribution system benefits; (ii) line-loss savings; (iii) enhanced electric generation capacity; (iv) fuel cost savings; (v) ancillary services benefits; and (vi) any readily quantifiable economic development and job creation benefits across the Commonwealth. The utility will note and explain the omission of any information requested in these Guidelines that is not available or applicable at the time of each annual report.

_____________________________

1Enactment Clause Nos. 9 and 10 of Chapter 296 of the 2018 Virginia Acts of Assembly were codified as § 56-585.1:6 of the Code of Virginia at the direction of the Virginia Code Commission.

 

AT RICHMOND, NOVEMBER 26, 2018

COMMONWEALTH OF VIRGINIA, ex rel.

CASE NO. PUR-2018-00061

STATE CORPORATION COMMISSION

Ex Parte: In the matter
concerning the implementation by
Virginia Electric and Power
Company d/b/a Dominion Energy Virginia
of a pilot aggregation program pursuant
to House Bill 1451

ORDER ESTABLISHING GUIDELINES

Pursuant to the Chapter 415 of the 2018 Acts of Assembly ("Act"),1 on April 20, 2018, the State Corporation Commission ("Commission") issued its Order Directing Comments ("Order Directing Comments") herein for the purpose of receiving comments from Dominion Energy Virginia ("DEV" or "Company") and any other interested party regarding a pilot program established pursuant to the Act.2

Thereafter, on June 19, 2018, DEV submitted comments and draft guidelines in response to the Order Directing Comments. The draft guidelines addressed, inter alia, the applicability of the Commission's net metering rules to this pilot, various charges that participating schools will continue to pay, as well as metering requirements, the treatment of renewable energy certificates, and liability insurance requirements. Comments in this docket were also filed on June 19, 2018, by WGL Energy Systems, Inc. ("WGL Energy").3 No other comments were received.

The Commission Staff's ("Staff") Action Brief filed in this docket on August 28, 2018, stated that the Staff was in general agreement with the draft guidelines submitted by DEV as well as further revisions made by the Company addressing questions raised by the Staff. The Staff then recommended that the Commission issue an order providing notice of the draft guidelines as revised ("Draft Guidelines") and allow an opportunity for interested parties to submit comments thereon.

On August 28, 2018, the Commission issued an Order for Comments on Draft Guidelines.4 Comments on the Draft Guidelines were to be filed in this docket on or before October 1, 2018. Thereafter, on September 28, 2018, the Commission issued an Order Extending Comment Period in this docket, extending the comment submission deadline from October 1, 2018, to October 19, 2018.

Joint comments and proposed modifications to the Draft Guidelines ("Joint Comments") were filed by DEV and Arlington Public Schools ("APS") on October 19, 2018. The Joint Comments, inter alia, sought to clarify the costs included in the VEPGA_RATE used in the guidelines' formula for crediting excess electricity generation to schools participating in the pilot program. Specifically, APS and DEV propose that the formula include the full cost of generation, including certain generation-related rate adjustment clauses, in calculating the VEPGA_RATE while excluding certain distribution- and transmission-related riders in that rate's calculation. No other comments concerning the Draft Guidelines were filed in this proceeding.

NOW THE COMMISSION, upon consideration of the matter, is of the opinion and finds as follows. The Act states that by December 1, 2018, the Commission shall adopt rules or establish guidelines "as may be necessary for the general administration of the pilot program."

We have considered all comments and submissions in this docket, and find it reasonable to establish the guidelines attached to this Order. In particular, we have incorporated therein the modifications proposed by DEV and Arlington Public Schools in their Joint Comments concerning the formula for crediting excess electricity generation to schools participating in the pilot program. The guidelines attached to this Order show the additions and deletions associated with such modifications.

Accordingly, IT IS ORDERED THAT:

(1) The guidelines as set forth in the Attachment to this Order are hereby established pursuant to the Act; and

(2) There being nothing further to come before the Commission in this proceeding, this case is hereby dismissed.

AN ATTESTED COPY HEREOF shall be sent by the Clerk of the Commission to:  Joseph K. Reid, III, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, 14th Floor, Richmond, Virginia 23219; Mark O. Webb, General Counsel, Dominion Resources Services, Inc., 120 Tredegar Street, Richmond, Virginia 23219; Noelle J. Coates, Senior Counsel, American Electric Power Service Corporation, 3 James Center, 1051 East Cary Street, Suite 1100, Richmond, Virginia 23219; James R. Bacha, Esquire, American Electric Power Service Corporation, 1 Riverside Plaza, 29th Floor, Columbus, Ohio 43215; Telemac N. Chryssikos, Esquire, WGL Energy Systems, Inc., 101 Constitution Avenue, N.W., Washington, D.C. 20080; and C. Meade Browder, Jr., Senior Assistant Attorney General, Office of the Attorney General, Division of Consumer Counsel, 202 N. 9th Street, 8th Floor, Richmond, Virginia 23219-3424. A copy shall be delivered to the Commission's Office of General Counsel and Divisions of Public Utility Regulation and Utility Accounting and Finance.

______________________________

1The Act, introduced as House Bill 1451 and signed into law by the Governor of Virginia on March 23, 2018, became effective July 1, 2018. At the direction of the Virginia Code Commission, the Act was codified as § 56‑585.1:7 of the Code of Virginia.

2The Act directs DEV to submit a proposal to the Commission to establish a pilot program that would allow "any school in a public school division . . . that generates electricity from a wind-powered or solar powered renewable energy facility located at the school" certain enumerated options with regard to any amounts of generated electricity that exceed the school's consumption. The Act also directed the Commission, by December 1, 2018, to adopt rules or establish guidelines "as may be necessary for the general administration of the pilot program . . . ."

3WGL Energy offered comments in support of the pilot and advocated that the pilot program operate in the form of a feed-in tariff that would enable third party suppliers to participate in the development and operation of solar facilities utilized in the pilot program.

4In the Order for Comments on Draft Guidelines, the Commission also directed its Division of Public Utility Regulation to provide copies of that Order and the Draft Guidelines by electronic transmission, or when electronic transmission is not possible, by mail, to individuals, organizations, and companies identified by Staff as potentially having an interest in this proceeding.

GUIDELINES FOR PUBLIC SCHOOL EXCESS WIND OR SOLAR RENEWABLE GENERATION PILOT PROGRAM

I. Introduction

The defined terms in these Pilot Program guidelines shall have the meanings provided in Paragraph III, below.

These guidelines are established pursuant to House Bill 1451, enacted as Chapter 415 of the 2018 Acts of Assembly,1 They will govern the Company's Pilot Program not to exceed an aggregate of ten megawatts ("10 MW") of installed capacity, for the treatment of any Host School's excess wind or solar renewable fuel generation, as envisioned by House Bill 1451 and as described below.

The Pilot Program will allow any Host School in a public school division in the Company's Virginia service territory that generates electricity from a wind-powered or solar-powered renewable fuel generator, which is located on such Host School's premises, in an amount that exceeds the electricity consumed by such Host School to have the Company either (i) credit one or more Metered Account(s) of Target School(s) or (ii) provide a payment for such Excess Generation to the Host School.

The School Board overseeing the Host School shall have the option to direct the Company to provide compensation for the Host School's Excess Generation on an annual basis, in a manner to be determined by the School Board, as follows:

A. As the first option, the School Board could direct the Company to apportion the Host School's Excess Generation to the Metered Account(s) of Target School(s) in the same public school division, such that the generation energy charges on the electric bills of such Metered Accounts of the Target Schools would be reduced by the amount of the Excess Generation kWh apportioned to the Metered Accounts multiplied by the applicable VEPGA generation energy rate of the Target Schools;

B. Alternatively, the School Board could direct the Company to pay the Host School for its Excess Generation through a power purchase agreement at a rate pursuant to the Amended and Restated Agreement for the Provision of Electric Service to Municipalities and Counties of the Commonwealth of Virginia From Virginia Electric and Power Company entered into by the Company and VEPGA on August 1, 2014, as amended.

II. Term

The Term of the Pilot Program shall be for six (6) years.  Such term shall begin on the Commencement Date and end on the 6th anniversary of the Commencement Date, which shall be the Termination Date.

III. Terms and Definitions

The terms below shall have the following definitions for the purposes of these Pilot Program guidelines:

A. "Act" – House Bill 1451 or Chapter 415 of the 2018 Acts of Assembly.

B. "Agreement" – the Amended and Restated Agreement for the Provision of Electric Service to Municipalities and Counties of the Commonwealth of Virginia From Virginia Electric and Power Company entered into by the Company and VEPGA on August 1, 2014, as amended, and any superseding agreement reached between the Company and VEPGA for Electric Service to become effective subsequent to the August 1, 2014 agreement.

C. "Commencement Date" – the commencement date for the Pilot Program, which shall be the first of the month that (i) is no less than fifteen (15) calendar days after entry of a Commission order adopting guidelines, rules, or regulations governing the Pilot Program and (ii) no more than sixty (60) calendar days after the date of such order of the Commission.

D. "Commission" – the State Corporation Commission of Virginia.

E. "Company" – Virginia Electric and Power Company, d/b/a Dominion Energy Virginia.

F. "Customer" – Any person, group of persons, association, partnership, firm or corporation purchasing Electric Service from the Company.

G. "Delivery Point" – the point where the Company's conductors for delivering Electric Service are connected to the Customer's conductors for receiving Electric Service.

H. "Distribution Service" – The delivery of electricity through the distribution facilities of the Company to the Delivery Point of a Customer.

I. "Electric Delivery Service" – Distribution Service, and the delivery of electricity under this tariff to Customers served at transmission level voltage, and related utility services, to the extent each is provided under this tariff by the Company.

J. "Electric Service" – The provision, by the Company to the Customer, of Electric Delivery Service and, to the extent provided by the Company, Electricity Supply Service and utility services. Electric Service also means, where applicable, the interconnection of electric generators with the Company.

K. "Electricity Supply Service" – The generation of electricity, or when provided together, the generation of electricity and its transmission to the distribution facilities of the Company on behalf of a Customer.

L. "Excess Generation" – the amount of electricity generated by the Host School's Renewable Generation Facility during the Host School's Net Metering Period that is in excess of the number of kilowatt-hours consumed by the Host School during the same Net Metering Period.

M. "Host School" – a public elementary, middle, or high school that (i) is a Customer of the Company, (ii) is billed under an applicable VEPGA Rate Schedule, (iii) is situated in the Company's Virginia service territory, and (iv) has a Renewable Generation Facility, located on its premises, and generates more electricity than the Host School consumes in any Net Metering Period.

N. "Metered Account" – the Company-assigned account number, (and any superseding account number(s) that the Company may assign for this same account) for a Delivery Point metered by the Company for a Target School, which was identified by the School Board to receive a portion of the Host School's Excess Generation.  

O. "Person" – means any individual, sole proprietorship, corporation, limited liability company, partnership, association, company, business, trust, joint venture, or other private legal entity, the Commonwealth, or any city, town, authority or other political subdivision of the Commonwealth.

P. "Pilot Program" – the pilot program conducted by the Company pursuant to the Act.

Q. "Rate Schedule" – any of the Company's rate schedules that are included in Attachment B of the Agreement.

R. "REC" or "RECs" – one or more renewable energy certificates owned by the Host School and created by the renewable energy output of the Host School's Renewable Generation Facility.

S. "Renewable Fuel Generator" – one or more electrical generators that meet the following criteria: 

1. Wind or solar power is the exclusive renewable fuel source;

2. The Host School owns and operates or has contracted with other Persons to own or operate, or both, the electrical generator(s), pursuant to the 20 VAC 5-315 Rules;

3. The electrical generator(s) is located on the Host School's premises and is connected to the Host School's wiring on the Host School's side of the interconnection with the Company;

4. The electrical generator(s) operates in parallel with the Company's distribution facilities.

T. "Renewable Generation Facility" – one or more Renewable Fuel Generators that has an aggregate installed capacity not to exceed the limitations of the 20 VAC 5-315 Rules.

U. "School Board" – the local recognized elected or appointed board or group that is responsible for public education in the same public school division in which the Host School and Target School(s) are located.

V. "Target School" – a public elementary, middle, or high school (including any public school technical center located in and only available to the public school students of the same public school division in which the Host School is located) that (i) is a Customer of the Company, (ii) is billed under an applicable VEPGA Rate Schedule, (iii) is located in the same public school division as the Host School, and (iv) has one or more Metered Accounts identified by the School Board to receive a bill credit amount based on an apportionment of the Host School's Excess Generation.

W. "Term" – the six (6)-year period during which the Pilot Program is effective, beginning with the Commencement Date and ending on the Termination Date.

X. "Termination Date" – the termination date of the Pilot Program, which will be the sixth anniversary of the Commencement Date.

Y. "VEPGA" – the Virginia Energy Purchasing Governmental Association.

Z. "20 VAC 5-315 Rules" – the Commission's Regulations Governing Net Energy Metering, 20 VAC 5-315-10, et seq.

IV. Applicability and Availability

A. Pursuant to the Act and the 20 VAC 5-315 Rules2 and pursuant to Attachment A of the Agreement, the Company's Pilot Program is applicable to any Host School which meets the following criteria:

1. The Host School must be a Net Metering Customer as defined in the 20 VAC 5-315 Rules;

2. The Host School's Renewable Generation Facility is accepted by the Company into the Pilot Program, along with any Metered Account(s) of one or more Target Schools, which have been identified by the School Board to receive an apportionment of the Excess Generation, as described in Paragraph VI, below;

3. The following provisions of the 20 VAC 5-315 Rules are not applicable to the Host School or to any Target School:

a. Agricultural Net Metering;

b. Small Agricultural Generators provisions;

c. The standby charge for residential Net Metering Customers; and

d. Option for the Host School to sign a power purchase agreement with the Company under the 20 VAC 5-315 Rules if the School Board directs the Company to apportion the Host School's Excess Generation to Metered Account(s) of Target School(s) in accordance with Paragraph I.A., above.

4. The Host School and the School Board-designated Metered Accounts of each Target School accepted into the Company's Pilot Program must purchase Electricity Supply Service from the Company during the Term of the Pilot Program.

5. Once the aggregate 10 MW alternating current installed capacity limit is reached, this Pilot Program shall be closed and no longer available to other host schools.

B. Once a Host School is accepted into the Pilot Program, in accordance with Paragraph IV.A., above, the provisions of the applicable of Paragraph I.A., or Paragraph I.B., above – but not both – will be available at the conclusion of the Host School's Net Metering Period that is in progress as of the Commencement Date of the Pilot Program.

C. The Pilot Program shall end on the Termination Date. As such, the provisions of the applicable of Paragraph I.A., or Paragraph I.B., above – but not both – shall no longer be available for the Host School's excess generation determined by the Company, in accordance with Paragraph V., below, for the Net Metering Period that is in progress as of the Termination Date of the Pilot Program. After the Termination Date, the VAC 5-315 Rules shall apply to the Host School's excess generation.

V. Excess Generation

A. The Company will determine the Host School's Excess Generation pursuant to these Pilot Program guidelines.

B. The Company will calculate the Host School's Excess Generation for the most recently completed Net Metering Period during the Term of the Pilot Program.  Unless the School Board directs the Company to provide compensation for the Host School's Excess Generation in accordance with either Paragraph I.A. or Paragraph I.B., above – but not both – the Company will follow the 20 VAC 5-315 Rules regarding the Host School's Excess Generation.

C. Within sixty (60) days of the effective date of the Pilot Program to the Host School, the School Board will provide the Company with the following information:

1. A list of the Metered Account(s) for one or more Target School(s) to which the Host School's Excess Generation will be apportioned;

2. The percentage of the Host School's Excess Generation to be apportioned to each Metered Account, where the sum of the percentages provided by the School Board for the Metered Accounts cannot exceed 100 percent or the total amount of the Host School's Excess Generation.

VI. Billing and Payment

A. Within sixty (60) days after the end of the Host School's most recently completed Net Metering Period and continuing annually, thereafter, for each successive Host School Net Metering Period during the Term of the Pilot Program until the Termination Date, the Company will do the following:

1. If the School Board directs the Company to apportion the Host School's Excess Generation to one or more Metered Accounts, the Company will calculate and apply a bill credit dollar amount to each Metered Account, which will receive a School-Board-designated portion of the Host School's Excess Generation, using the following formula:

TSMA_BCDA = EG * TSMA% * VEPGA_RATE

Where:

TSMA_BCDA = Target School Metered Account's Bill Credit Dollar Amount which is the amount that the Company will apply to one or more Metered Accounts designated by the School Board;

EG =                          Excess Generation at the end of Host School's most recently completed Net Metering Period

TSMA% =                Specified Target School Metered Account's percentage of the Host School's Excess Generation that is designated by the School Board, for the Metered Account; and

VEPGA_RATE = VEPGA Rate which is the applicable generation-related energy rate under the Electricity Supply Service Charges paragraph of the applicable, selected VEPGA Rate Schedule used to bill the Metered Account, plus all applicable VEPGA kWh-based riders with the exception of any non-fuel-related or non-generation-related VEPGA kWh-based riders (e.g., VEPGA Rider U Phase 1-CM, VEPGA Rider U Phase 2-CM, any other distribution-related kWh-based rider(s) which becomes applicable VEPGA in the future, and VEPGA Rider T). This generation-related VEPGA energy rate will be equal to the average annual generation-related energy rate, plus all applicable VEPGA kWh-based riders with the exception of any non-fuel-related or non-generation-related VEPGA kWh-based riders, for each Metered Account for the consecutive 12-month billing period that most closely matches the Host School's Net Metering Period. Such average annual generation-related VEPGA energy rate per kWh for such 12-month billing period will be determined as the sum of all of the monthly (i) generation-related kWh charges under the Electricity Supply Service Charges paragraph of the applicable, selected VEPGA Rate Schedule used to bill the Target School's Metered Account, plus (ii) the VEPGA fuel charges, plus (iii) the generation kWh-based rider charges, which are calculated for each VEPGA generation kWh-based rider and exclude any non-fuel-related or non-generation-related VEPGA kWh-based rider charges, where the sum is divided by the Target School's annual kWh consumption for the same 12-month billing period.

There shall be no assessment of any new service charges or fees in connection with or arising out of such crediting during the Term of the Pilot Program.

If the School Board identifies one or more Metered Accounts but does not provide the Company with the corresponding percentage(s) to apportion the Host School's Excess Generation to the Metered Account(s), or otherwise does not follow the Pilot Program guidelines, the Company will provide compensation for the Host School's Excess Generation in accordance with the 20 VAC 3-315 Rules.

2. If, alternatively, the School Board directs the Company to provide a payment to the Host School for the Excess Generation, the Company will compensate the Host School for the Excess Generation in accordance with the VEPGA Agreement.

B. For each billing month, the Host School will pay to the Company the sum of the applicable Distribution Service Charges, Electricity Supply Service Charges, standby charges mutually agreed to by the Company and VEPGA in the Agreement, and all riders applicable to the VEPGA Rate Schedule under which the Host School receives Electric Service from the Company.

C. For each billing month, the Target School will pay to the Company the sum of the applicable Distribution Service Charges, Electricity Supply Service Charges, standby charges mutually agreed to by the Company and VEPGA in the Agreement, and all riders applicable to the VEPGA Rate Schedule under which the Target School receives Electric Service from the Company.

VII. Metering Requirements

A. The Company will require the installation of an interval data recorder ("IDR") meter or an advanced metering infrastructure ("AMI") meter at the Host School's service location to measure (i) the Host School's average 30-minute interval capacity and energy consumption by half-hour during the billing month and (ii) the average 30-minute interval capacity and energy delivered to the Host School by the Host School's Renewable Generation Facility. 

If the Host School's applicable selected VEPGA Rate Schedule does not otherwise require interval data metering or if the Host School is not located in the Company's "AMI footprint," the Host School agrees to pay to the Company the Company's incremental cost for the interval data metering equipment, subject to an Excess Facilities Charge mutually agreed to by the Company and VEPGA in the Agreement, during the period that the Host School participates in the Company's Pilot Program.

B. The Company will require the installation of an IDR or an AMI meter to measure the total output by half-hour of the Host School's Renewable Generation Facility for the billing month.  The Host School agrees to pay to the Company the Company's incremental cost for the interval data metering equipment, subject to an Excess Facilities Charge mutually agreed to by the Company and VEPGA in the Agreement, during the period that the Host School participates in the Company's Pilot Program.

VIII. Renewable Energy Certificates

A. The Host School owns any RECs associated with the Renewable Generation Facility during the Term of the Pilot Program.

B. During the Term of the Pilot Program and continuing after the Termination Date of the Pilot Program, the Host School agrees to waive any right (i) to sell to the Company or to any other party or (ii) to offer to market all Renewable Generation Facility RECs which are created and accumulated during the Term of the Pilot Program.

IX. Liability insurance

A. A Host School with a Renewable Generation Facility having an alternating current capacity not exceeding 10 kilowatts shall maintain commercial or other insurance providing coverage of at least $1,000,000 for the liability of the insured against loss arising out of the use of a Renewable Generation Facility, and for a Renewable Generation Facility having an alternating current capacity exceeding 10 kilowatts the coverage shall be in the amount of at least $2,000,000. The Host School shall name the Company as an additional insured party under such policy.

B. The Host School is not required to purchase additional liability insurance where the Host School's existing insurance policy provides coverage against loss arising out of the use of a Renewable Generation Facility by virtue of not explicitly excluding coverage for such loss.

X. Additional Controls and Tests

A Host School's Renewable Generation Facility shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories.  Beyond the requirements set forth in these Pilot Program guidelines, and to ensure public safety, power quality, and reliability of the Company's electric distribution system, the Host School whose Renewable Generation Facility meets those standards shall bear all reasonable costs of equipment required for the interconnection to the Company's electric distribution system, including costs, if any, to (i) install additional controls and (ii) perform additional tests.  To the extent permissible under the Virginia Tort Claims Act,3 the participating schools and school districts shall be responsible for any negligent acts or omissions of their board members, employees, contractors, agents, students, or other representatives associated with the Pilot Program.

XI. Reports to the General Assembly

The Company shall submit a report to the General Assembly by December 1 of each year the Pilot Program is in effect, commencing in 2020, regarding the status of the Pilot Program's enrollment and any other information the Company deems appropriate.

____________________________

1HB 1451 was codified as § 56-585.1:7 of the Code of Virginia at the direction of the Virginia Code Commission.

2All 20 VAC 5-315 Rules definitions, which are applicable to the Host School, shall have the same meaning in these Pilot Program guidelines.

3Article 18.1 (§ 8.01 - 195.1, et. seq.) of Chapter 3 of Title 8.01 of the Code of Virginia.

BOARD OF DENTISTRY

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Dentistry conducted a small business impact review of 18VAC60-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Dentistry is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Dentistry, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Mount Jackson Solar III LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Shenandoah County

Mount Jackson Solar III LLC has provided the Department of Environmental Quality a notice of intent to construct a small renewable energy project (solar) in Shenandoah County. The proposed Mount Jackson Solar III project will be a 16.2-megawatts alternating current photovoltaic solar facility on a portion of one parcel, totaling more or less 130 acres, roughly positioned south of Wissler Road and west of Turkey Knob Road, near Mount Jackson in Shenandoah County. The coordinates for that project are 38.727014, -78.674170. The project will be comprised of monocrystalline photovoltaic collectors and associated equipment.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

Pleasant Hill Solar LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - City of Suffolk

Pleasant Hill Solar LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in the City of Suffolk. Located approximately three miles south of downtown Suffolk on Hosier Road, the proposed project is a solar photovoltaic electricity generation facility on single-axis sun-tracking racks on roughly 160 acres of land, with a preliminary estimated capacity of 20 megawatts alternating current delivered via 73,000 modules.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

VSF Solar 2 LLC Notice of Intent for Small Renewable Energy Project (Solar) Permit by Rule - Westmoreland County

VSF Solar 2 LLC has provided the Department of Environmental Quality a notice of intent to submit the necessary documentation for a permit by rule for a small renewable energy project (solar) in Westmoreland County pursuant to § 10.1-1197.6 B 1 of the Code of Virginia. The project will be located on roughly 100 acres of agricultural land southwest of the Town of Colonial Beach. The project is anticipated to have a nameplate capacity of 11 megawatts alternating current and will be comprised of approximately 39,210 solar panels. The coordinates are Latitude 38.245N/Longitude 76.992W.

Contact Information: Mary E. Major, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, or email mary.major@deq.virginia.gov.

BOARD OF FUNERAL DIRECTORS AND EMBALMERS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Funeral Directors and Embalmers conducted a small business impact review of 18VAC65-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Funeral Directors and Embalmers is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Funeral Directors and Embalmers, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

BOARD OF HEALTH PROFESSIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Health Professions conducted a small business impact review of 18VAC75-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Health Professions is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Health Professions, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

DEPARTMENT OF HEALTH PROFESSIONS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Health Professions conducted a small business impact review of 18VAC76-31, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Department of Health Professions is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The department received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Department of Health Professions, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

BOARD OF JUVENILE JUSTICE

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Board of Juvenile Justice is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

6VAC35-11, Public Participation Guidelines

6VAC35-190, Regulations Governing Juvenile Work and Educational Release Programs

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 December 24, 2018, and ends January 22, 2019.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm. Kristen Peterson, Regulatory Coordinator, Board of Juvenile Justice, P.O. Box 1110, Richmond, VA 23218-1110, telephone (804) 588-3902, FAX (804) 371-6497, or email kristen.peterson@djj.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 both reviews will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

BOARD OF LONG-TERM CARE ADMINISTRATORS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Long-Term Care Administrators conducted a small business impact review of 18VAC95-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Long-Term Care Administrators is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Long-Term Care Administrators, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Opportunity for Public Review of the Draft Transportation Provider Manual

The draft chapters (Chapters 2, 4, and 5) of the Transportation Provider Manual are posted on the DMAS website at http://www.dmas.virginia.gov/#/manualdraft.

The Transportation Provider Manual will be finalized and officially posted by January 11, 2019, at https://www.virginiamedicaid.dmas.virginia.gov/wps/myportal/ProviderManual

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680, TDD (800) 343-0634, or email emily.mcclellan@dmas.virginia.gov.

BOARD OF MEDICINE

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Medicine conducted a small business impact review of 18VAC85-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Medicine is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Medicine, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

BOARD OF NURSING

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board of Nursing conducted a small business impact review of 18VAC90-11, Public Participation Guidelines, and determined that this regulation should be retained in its current form. The Board of Nursing is publishing its report of findings dated November 30, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

The board received no complaints or recommendations for change to public participation guidelines. There is no impact on small businesses.

Contact Information: Elaine Yeatts, Agency Regulatory Coordinator, Board of Nursing, 9960 Mayland Drive, Richmond VA 23233, telephone (804) 367-4688, FAX (804) 527-4434, or email elaine.yeatts@dhp.virginia.gov.

SAFETY AND HEALTH CODES BOARD

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Safety and Health Codes Board conducted a small business impact review of 16VAC25-145, Safety Standards for Fall Protection in Steel Erection, Construction Industry, and determined that this regulation should be retained in its current form. The Safety and Health Codes Board is publishing its report of findings dated November 8, 2018, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

There is a continued need for this regulation because it most adequately protects Virginia workers from hazards in the steel erection industry. The regulation, as written, continues to protect the safety, health, and welfare of the public by limiting worker exposure to hazards, with the least cost to citizens and businesses of the Commonwealth. No comments were received during this periodic review. The regulation is not overly complex and is clearly written. It does not duplicate, overlap, or conflict with state or federal laws or regulations, and there is no apparent negative impact on the regulated community. The regulation was last reviewed in 2014. There have been little or no changes in technology, economic conditions, and other factors that would affect the regulation.

Contact Information: Holly Raney, Regulatory Coordinator, Department of Labor and Industry, 600 East Main Street, Richmond, VA 23219, email holly.raney@doli.virginia.gov.

STATE BOARD OF SOCIAL SERVICES

Notice of Periodic Review and Small Business Impact Review

Pursuant to Executive Order 14 (2018) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the State Board of Social Services is conducting a periodic review and small business impact review of each of the regulations listed below. The review of each regulation will be guided by the principles in Executive Order 14 (as amended July 16, 2018).

22VAC40-295, Temporary Assistance for Needy Families (TANF)

22VAC40-470, Exemptions Applicable to Public Assistance Programs

22VAC40-601, Supplemental Nutrition Assistance Program

The purpose of this review is to determine whether each regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to each 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 December 24, 2018, and ends January 14, 2019.

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 Vanea Preston, Assistant Director of the Division of Benefit Programs, Department of Social Services, 801 East Main Street, Richmond, VA 23219, telephone (804) 726-7889, FAX (804) 819-7184, or email vanea.preson@dss.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 both reviews will be posted on the Virginia Regulatory Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE WATER CONTROL BOARD

Proposed Consent Order for the Loudoun County Sanitation Authority

An enforcement action has been proposed for the Loudoun County Sanitation Authority for violations of the State Water Control Law and regulations at the Elysian Heights Sewage Treatment Plant located in Leesburg, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Elysian Heights Sewage Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Stephanie Bellotti will accept comments by email at stephanie.bellotti@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 25, 2018, through January 24, 2019.

Proposed Enforcement Action for Wash City LLC

An enforcement action has been proposed for Wash City LLC for violations of the State Water Control Law in Northampton County, Virginia. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov, FAX at (757) 518-2009, or postal mail at Department of Environmental Quality, Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462, from December 24, 2018, to January 24, 2019.

Proposed Consent Order for Welbourne LP

An enforcement action has been proposed for Welbourne LP for violations of the State Water Control Law and regulations at the Welbourne Bed and Breakfast Sewage Treatment Plant located in Loudoun County, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Welbourne Bed and Breakfast Sewage Treatment Plant. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Benjamin Holland will accept comments by email at benjamin.holland@deq.virginia.gov or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from December 25, 2018, through January 24, 2019.

STATE WATER CONTROL BOARD AND VIRGINIA WASTE MANAGEMENT BOARD

Proposed Consent Order for Fitzgerald's
Orchards LLC

An enforcement action has been proposed for Fitzgerald's Orchards LLC for violations at the Fitzgerald's Orchard in Nelson County, Virginia.  The State Water Control Board and the Virginia Waste Management Board propose to issue a consent order to Fitzgerald's Orchards LLC to address noncompliance with the State Water Control Law, Virginia Waste Management Act, and regulations. A description of the proposed action is available at the Department of Environmental Quality office named below or online at www.deq.virginia.gov. Tamara Ambler will accept comments by email at tamara.ambler@deq.virginia.gov, FAX at (540) 574-7878, or postal mail at Department of Environmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, from December 24, 2018, to January 23, 2019.

 

VIRGINIA CODE COMMISSION

Notice to State Agencies

Contact Information: Mailing Address: Virginia Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor, Richmond, VA 23219; Telephone: (804) 698-1810; 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 https://commonwealthcalendar.virginia.gov.

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/documents
/cumultab.pdf
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Filing Material for Publication in the Virginia Register of Regulations: Agencies use the Regulation Information System (RIS) to file regulations and related items for publication in the Virginia Register of Regulations. The Registrar's office works 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.