Title of Regulation: 5VAC5-40. Administration of the Office of the Clerk of the Commission (adding 5VAC5-40-10).

Statutory Authority: § 12.1-13 of the Code of Virginia.

Public Hearing Information: A public hearing will be scheduled upon request.

Public Comment Deadline: June 18, 2010.

Agency Contact: Joel Peck, Clerk of the Commission, State Corporation Commission, 1300 East Main Street, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9733, FAX (804) 692-0681, or email joel.peck@scc.virginia.gov.

Summary:

The proposed new chapter implements the provisions of Chapter 669 of the 2010 Acts of Assembly relating to certain fees charged by the State Corporation Commission. The proposed regulation specifies the fees for providing a certificate of fact and for copying, certifying, and affixing the seal of the commission to a document. The proposed fee amounts are identical to those currently in statute but that will be repealed effective July 1, 2010, by Chapter 669 of the Acts of Assembly.

AT RICHMOND, MAY 18, 2010

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. CLK-2010-00007

Ex Parte: In re: fees charged by the Office
of the Clerk of the Commission

ORDER TO TAKE NOTICE

Chapter 669 of the 2010 Virginia Acts of Assembly ("Chapter 669 of the Acts") amends §§ 12.1-20, 12.1-21.1, and 12.1-21.2 of the Code of Virginia to permit the State Corporation Commission ("Commission") to charge and collect reasonable fees for furnishing and certifying a copy of any document or any information from its records. Chapter 669 of the Acts eliminates these fee amounts from statute, giving the Commission the discretion to charge an amount that it deems reasonable.

NOW THE COMMISSION, based on information supplied by the Clerk of the Commission, proposes to adopt a regulation establishing certain fees to be charged and collected by the Office of the Clerk of the Commission, with a proposed effective date of July 1, 2010.

Accordingly, IT IS ORDERED THAT:

(1) The proposed regulation, entitled "Fees to be Charged by the Office of the Clerk," is appended hereto and made a part of the record herein.

(2) Comments or requests for a hearing on the proposed regulation must be submitted in writing to Joel H. Peck, Clerk, State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218, on or before June 18, 2010. Requests for hearing shall state why a hearing is necessary and why the issues cannot be adequately addressed in written comments. All correspondence shall contain a reference to Case No. CLK-2010-00007. Interested persons desiring to submit comments or request a hearing electronically may do so by following the instructions available at the Commission's website: http://www.scc.virginia.gov/case.

(3) This Order and the attached proposed regulation shall be posted on the Commission's website at http://www.scc.virginia.gov/case.

(4) The Commission's Division of Information Resources shall send a copy of this Order, including a copy of the attached proposed regulation, to the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations.

AN ATTESTED COPY hereof shall be sent to the Clerk of the Commission, who shall forthwith mail a copy of this Order, including a copy of the proposed regulation, to interested parties as he may designate.

CHAPTER 40
ADMINISTRATION OF THE OFFICE OF THE CLERK OF THE COMMISSION

5VAC5-40-10. Fees to be charged by the Office of the Clerk.

A. The Office of the Clerk shall charge and collect a fee of $6.00 for each certificate of fact provided pursuant to § 12.1-20 of the Code of Virginia.

B. The commission shall charge and collect for furnishing a copy of any document, instrument, or paper $ .50 per page and $3.00 for the certificate and affixing the seal thereto.