56-234.1 - Liability to customer for violation of duty to determine and charge lowest rate applicable. - Virginia Statutes

§ 56-234.1. Liability to customer for violation of duty to determine andcharge lowest rate applicable.

It shall be the duty of every public utility, upon written request by thecustomer, to determine the lowest rate applicable, provided that such publicutility shall not be required to make such a determination for any singlecustomer more frequently than annually. If the rate charged thereafter is notsuch lowest rate applicable, such public utility shall be liable to thecustomer for the amount of the difference between the amount paid by thecustomer and the amount that would have been paid if the customer had beencharged the lowest rate applicable from and after the customer's request;provided that the public utility may require and rely on written informationfrom the customer relating to the customer's expected demand for and use ofthe utility service where such information is relevant to the determinationrequired hereunder. Where a contract for a specified period of time islawfully required by the public utility, the rates prescribed by suchcontract shall be lawful during the term of such contract so long as they arethe lowest applicable to the conditions of service specified in the contract,unless the actual conditions of service require the application of a higherrate. This section shall not be applicable to rates charged by any publicutility prior to July 1, 1970.

(1970, c. 258.)