Vol. 25 Iss. 8 - December 22, 2008






                                                         CASE NO. CLK-2008-00002

Ex Parte: In the matter concerning revised
State Corporation Commission Rules of
Practice and Procedure


On August 7, 2008, the State Corporation Commission ("Commission") entered an Order for Notice of Proceeding to Consider Revisions to Commission's Rules of Practice and Procedure ("Order").  In the Order, the Commission permitted interested persons to review the Commission Staff's ("Staff") proposed revisions to the Commission Rules of Practice and Procedure ("Proposed Rules") and file comments and suggestions thereon.  A copy of the Proposed Rules was attached to the Order.

Seven parties filed comments1 on the Proposed Rules in response to the Order.  The parties that filed comments included Dominion, Appalachian Power Company ("Appalachian Power"), the Office of the Attorney General, Division of Consumer Counsel, Potomac Edison Company, d/b/a Allegheny Power, Columbia Gas of Virginia, Inc. ("Columbia Gas"), Washington Gas Light Company, and the Virginia Industrial Energy Users Groups ("VIEUG").2 Columbia Gas and Dominion requested a hearing, and Appalachian Power requested that the Commission require the Staff to file a report and to permit responses by parties to other comments and the Staff report.

NOW THE COMMISSION, having considered the foregoing, finds that it is appropriate to have the Staff file a report ("Report") on the Proposed Rules and the comments thereto, permit the parties to file a response thereto, and to permit the Staff to file a reply to the responses.  The Staff and parties are also encouraged to meet and attempt to narrow the areas of disagreement prior to the hearing to be scheduled in this matter.


(1) The Staff shall file a Report on the comments made by the parties in response to the Order on or before December 16, 2008.

(2) All the parties that have filed comments herein may file a response to the Staff Report and the other comments filed herein on or before January 9, 2009.

(3) The Staff may file a reply to the responses on or before January 23, 2009.

(4) A public hearing shall be convened on February 4, 2009, at 10:00 a.m., in the Commission's Courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia, to receive oral argument on the Proposed Rules and other filings herein.

(5) This matter is continued.

AN ATTESTED COPY hereof shall be sent by the Clerk of the Commission to:  Donald G. Owens, Esquire, and Thomas C. Walker, Jr., Esquire, Troutman Sanders LLP, 1001 Haxall Point, P.O. Box 1122, Richmond, Virginia 23218-1122; Karen L. Bell, Esquire, and Lisa S. Booth, Esquire, Dominion Resources Services, Inc., P.O. Box 26532, Richmond, Virginia 23261-6532; Vishwa B. Link, Esquire, and Andrea R. Chase, Esquire, McGuire Woods LLP, One James Center, 901 East Cary Street, Richmond, Virginia 23219-4030; Anthony Gambardella, Esquire, Woods Rogers, PLC, 823 East Main Street, Suite 1200, Richmond, Virginia 23219; Charles E. Bayless, Esquire, and James R. Bacha, Esquire, Appalachian Power Company, Three James Center, Suite 702, 1051 East Cary Street, Richmond, Virginia 23219; C. Meade Browder, Jr., Senior Assistant Attorney General, and Kiva Bland Pierce, Assistant Attorney General, Division of Consumer Counsel, Office of the Attorney General, 900 East Main Street, Richmond, Virginia 23219; Richard D. Gary, Esquire, and Noelle J. Coates, Esquire, Hunton & Williams LLP, Riverfront Plaza, East Tower, 951 East Byrd Street, Richmond, Virginia 23219; Jeffrey P. Trout, Esquire, Allegheny Power, 800 Cabin Hill Drive, Greensburg, Pennsylvania 15601; James S. Copenhaver, Esquire, and T. Borden Ellis, Esquire, Columbia Gas of Virginia, Inc., 1809 Coyote Drive, Chester, Virginia 23836; Meera Ahamed, Esquire, Washington Gas Light Company, 101 Constitution Avenue, N.W., Washington, D.C. 20080; Louis R. Monacell, Esquire, Edward L. Petrini, Esquire, and Cliona Mary Robb, Esquire, Christian & Barton, L.L.P., 909 East Main Street, Suite 1200, Richmond, Virginia 23219-3095; and the Commission's Office of General Counsel.


1 One party, Virginia Electric and Power Company d/b/a Dominion Virginia Power ("Dominion"), also filed a Notice of Participation and a Request for Hearing on the Proposed Rules.

2 The VIEUG is comprised of the Virginia Committee for Fair Utility Rates, the Old Dominion Committee for Fair Utility Rates, and the Virginia Industrial Gas Users Association.


Final 2008 § 305(b)/303(d) Water Quality Assessment Integrated Report

The Virginia Department of Environmental Quality (DEQ) will release the Final 2008 § 305(b)/303(d) Water Quality Assessment Integrated Report (Integrated Report) by December 22, 2008.

The Integrated Report combines both the § 305(b) Water Quality Assessment and the § 303(d) Report on Impaired Waters. This report was available for public comment from June 16, 2008, through July 25, 2008. Comments were received from the public and the United States Environmental Protection Agency (EPA). In response to comments, the report was slightly revised and resubmitted to EPA on October 31, 2008, and later approved.

The final report, responses to written comments, and map images are available for download on our website at Copies are available at no charge on CD-ROM (limit one per person) by request via the webpage or via phone at (804) 698-4191. These CD-ROMs include the entire final report, all of its appendices, and a digital book of maps developed from the 2008 assessment. Due to the cost of printing, hard copies are only available by special request.

Contact Information: Darryl M. Glover, Office of Water Monitoring and Assessment, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4321, FAX (804) 698-4032, or email

Notice of Citizen Nomination of Surface Waters for Water Quality Monitoring

In accordance with § 62.1-44.19:5 F of the Code of Virginia, the Water Quality Monitoring Information and Restoration Act, the Virginia Department of Environmental Quality (DEQ) has developed guidance for requests from the public regarding specific segments that can be nominated for consideration to be included in the Virginia Department of Environmental Quality annual Water Quality Monitoring Plan.

Any citizen of the Commonwealth who wishes to nominate a water body or stream segment for inclusion in DEQ’s Water Quality Monitoring Plan should refer to the guidance in preparation and submittal of their requests. All nominations must be received by April 30, 2009, to be considered for the 2010 calendar year. Copies of the guidance document and nomination form are available online at

Contact Information: Stuart Torbeck, Water Quality Data Liaison, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4461, FAX (804) 698-4032, or email

Notice of Opportunity to Serve on a Technical Advisory Committee

Purpose of notice: The Department of Environmental Quality is announcing the establishment of a Technical Advisory Committee (committee) to assist the department in developing amendments to the Coal Combustion By-Products Regulation and is seeking persons interested in serving on the committee.

Deadline for submittal of requests: January 21, 2009.

Background: During the development of amendment 7 to the Solid Waste Regulations, the amendment 7 advisory committee discussed (i) incorporating the Coal Combustion By-Products Regulation into the Solid Waste Management Regulations and (ii) areas of the Coal Combustion By-Products Regulations that should be reviewed. As a result of those discussions, the amendment 7 advisory committee recommended that the Coal Combustion By-Products Regulation remain separate from the Solid Waste Management Regulations and that any necessary revisions to the program should be undertaken in a separate rulemaking.

Purpose of committee: The department is establishing this committee to review the Coal Combustion By-Products Regulation, 9VAC20-85. Specifically the committee will review and make recommendations on the entire regulation including locational restrictions, design and construction requirements, operations, closure, testing of the product prior to placement, a public notice component and other topics that may be brought up during the public comment period. The department expects that a rulemaking will be initiated to amend the regulation and the committee established in response to this notice will be used to assist in the development of a proposal for the Virginia Waste Management Board’s consideration.

Contact Information: Leslie D. Beckwith, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4123, or email

Study to Restore Water Quality for Shellfish Growing Areas Along Oyster and Mosquito Creeks

Public meeting: January 8, 2009, at the Lancaster Community Library, 235 School Street, Kilmarnock, Virginia 22482. Public meetings will be held from 2-4 p.m. and 6-8 p.m.

Purpose of notice: The Virginia Department of Environmental Quality and the Department of Conservation and Recreation are holding the final public meetings for a study to restore water quality for two shellfish growing areas and a public comment opportunity.

Meeting description: Final public meetings on a study to restore water quality for shellfish growing areas along Oyster and Mosquito Creeks, which are impaired due to bacterial violations.

Description of study: Virginia agencies have worked to identify sources of the bacterial contamination in the shellfish growing waters of the (tidal) Oyster and Mosquito Creeks and their tributaries, an area totalling approximately 0.178 square miles in Lancaster County.  These streams are impaired for failure to meet the designated use of shellfish consumption because of bacterial water quality standard violations.



Area (miles²)


Oyster Creek



Shellfish Use

(Fecal Coliform)


Mosquito Creek



The study reports the current status of the creeks via sampling performed by the Virginia Department of Health, Division of Shellfish Sanitation, shellfish area condemnations, and the possible sources of bacterial contamination.  The study recommends total maximum daily loads (TMDLs) for the impaired waters.  A TMDL is the total amount of a pollutant a water body can contain and still meet water quality standards.  To restore water quality, bacterial levels have to be reduced to the TMDL amount.

How to comment:  DEQ accepts written comments by email, fax, or postal mail.  Written comments should include the name, address, and telephone number of the person commenting and be received by DEQ during the comment period, which will begin January 8, 2009, and ends on February 9, 2009.  DEQ also accepts written and oral comments at the public meeting announced in this notice.

Contact for additional information: Margaret Smigo, TMDL Coordinator, Department of Environmental Quality, Piedmont Regional Office, 4949A Cox Road, Glen Allen, VA 23060, telephone (804) 527-5124, FAX (804)-527-5106, or email

Public Meeting Relating to Fecal Bacteria Impairments in the Back Bay and North Landing Watersheds

The Department of Environmental Quality (DEQ), the Department of Conservation and Recreation (DCR), the Hampton Roads Planning District Commission, and the City of Virginia Beach invite citizens to a public meeting to discuss the development of an implementation plan (IP) to address fecal bacteria impairments in the Back Bay and North Landing Watersheds. Water quality monitoring indicates that bacteria levels in Nanney Creek, Milldam Creek, and Middle West Neck Creek violate Virginia’s water quality standards. A Total Maximum Daily Load (TMDL) study for the impairments was approved by EPA in 2005 and is available on DEQ’s website at

The Implementation Plan will identify ways to meet the pollutant reductions outlined in the TMDL study. A Technical Advisory Committee comprised of stakeholders from the watersheds was formed in spring 2007, and has worked over the past year to conduct additional studies in the Nanney Creek Watershed and develop a list of potential pollutant reduction actions that can be implemented in all three watersheds.

The final public meeting to review the development of the TMDL implementation plan and discuss the proposed plan will be held on: Monday, January 26, 2009, 7 p.m., Creeds Elementary School, 920 Princess Anne Road, Virginia Beach, Virginia.

The purposes of this meeting are to report the results of the ground truthing study conducted by the City of Virginia Beach in the Nanney Creek Watershed and discuss the implementation actions that the Technical Advisory Committee developed. The IP includes the corrective actions needed to reduce bacteria and the associated costs, benefits and environmental impacts.  The IP also provides measurable goals and a timeline of expected achievement of water quality objectives.  A copy of the draft implementation plan is available upon request.

How to comment: The formal public comment period on the IPs will end on February 27, 2009.  Oral comments will be accepted and addressed at the public meeting.  Written comments and inquires should include the name, address, and telephone number of the person submitting the comments and should be sent to Jennifer Howell, Department of Environmental Quality, 5636 Southern Blvd., Virginia Beach, VA 23262, telephone (757) 518-2111, FAX (757) 518-2003, or email or to William J. Johnston, PE, City of Virginia Beach, 2405 Courthouse Dr., Municipal Center, Bldg. 2, Virginia Beach, VA 23456, telephone (757) 385-4519, or email


Requests for Approval of Variances

The State Human Rights Committee considered the following requests for variances to the Rules and Regulations to Assure the Rights of Individuals Receiving Services from Providers Licensed, Funded or Operated by the Department of Mental Health, Mental Retardation and Substance Abuse Services at its meeting on December 5, 2008.

The requests for approval of variances were considered from the following providers:

Specialized Youth Services

12VAC35-115-110 B 13, Time Out Western State Hospital

12VAC35-115-110 C 3, Seclusion in an Emergency

12VAC35-115-110 C 13, Seclusion or Mechanical

12VAC35-115-110 C 17, Monitoring

12VAC35-115-110 C 15, Standing Orders

For additional information please contact Margaret Walsh, Director, Office of Human Rights, Department of Mental Health, Mental Retardation and Substance Abuse Services, 1220 Bank Street, Richmond, VA 23219, telephone (804) 786-3988, FAX (804) 371-2308, or email


Periodic Review of Regulations

Pursuant to Executive Order Number 36 (2006), the Department of Social Services is currently reviewing 22VAC40-160, Fee Requirements for Processing Applications, to determine if it should be terminated, amended, or retained in its current form. The review will be guided by the principles listed in Executive Order Number 36 (2006) and in the department’s Plan for Review of Existing Agency Regulations.

The department seeks public comment regarding the regulation’s interference in private enterprise and life, essential need of the regulations, less burdensome and intrusive alternatives to the regulations, specific and measurable goals that the regulation is intended to achieve, and whether the regulation is clearly written and easily understandable.

Written comments may be submitted until January 12, 2009, in care of Karen Cullen, Program Development Consultant, Division of Licensing Programs, 7 North 8th Street, Richmond, VA 23219, FAX (804) 726-7132, or email


Notice to State Agencies

Mailing Address: Virginia Code Commission, 910 Capitol Street, General Assembly Building, 2nd Floor, Richmond, VA 23219.

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.

The Office of the Virginia Register is working toward the eventual elimination of the requirement that agencies file print copies of regulatory packages. Until that time, agencies may file petitions for rulemaking, notices of intended regulatory actions and general notices in electronic form only; however, until further notice, agencies must continue to file print copies of proposed, final, fast-track and emergency regulatory packages.



Titles of Regulations: 9VAC5-80. Permits for Stationary Sources.

9VAC5-170. Regulation for General Administration.

Publication:  25:6 VA.R. 1231-1257 November 24, 2008.

Correction to Final Regulation:

Page 1242, in 9VAC5-80-670 E 2 d, line 5, unstrike "including"

Page 1247, in 9VAC5-80-1450 B 5, line 1, strike "Completion of" and insert "Complete"

VA.R. Doc. No. R09-1364; Filed November 26, 2008, 9:26 a.m.


Title of Regulation: 18VAC25-21. Regulations of the Virginia Auctioneers Board.

Publication:  25:7 VA.R. 1431-1435 December 8, 2008.

Correction to Final Regulation:

Page 1431, replace the published summary with the following:


The amendments clarify the basic qualifications for licensure by examination and licensure by reciprocity, modify the examination application procedures, and establish and modify the standards of practice and standards of conduct to identify requirements that affect the administration of, and compliance with, the board's regulations.

VA.R. Doc. No. R06-87; Filed December 9, 2008; 1:41 p.m.


*** See erratum (25:6 VA.R. 1375) for effective date