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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>348769</law_id><section_number>15.2-5410</section_number><catch_line>Contents of agreement as to joint ownership of project; designation of party to agreement as agent for construction, operation and maintenance of project; powers and duties of agent</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="46" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="4" identifier="IV">Other Governmental Entities</unit><unit label="chapter" level="3" order_by="13" identifier="54">Electric Authorities Act</unit></structure><text>
						<section><p>Any agreement between an <span class="dictionary">authority</span> and a <span class="dictionary">unit</span> with respect to the joint ownership of a <span class="dictionary">project</span> shall provide that each <span class="dictionary">party</span> to the agreement shall own a percentage of the <span class="dictionary">project</span> equal to the percentage of the money furnished or the value of property supplied by the respective parties for the acquisition and construction thereof and shall own and control a like percentage of the output thereof. The agreement shall further provide that an <span class="dictionary">authority</span> shall be liable only for its own acts thereunder and that no moneys or other contributions supplied by an <span class="dictionary">authority</span> shall be applied in any way to the account of any other <span class="dictionary">party</span> to the agreement. Any such agreement may contain such terms, conditions, and provisions as the board of directors of an <span class="dictionary">authority</span> shall deem to be in the best interest of such <span class="dictionary">authority</span>.</p><p>The agreement may include, but shall not be limited to, provisions for the construction, operation and maintenance of a <span class="dictionary">project</span> by one of the parties thereto, which shall be designated in or pursuant to such agreement as agent on behalf of itself and the other parties, or by such other means as may be determined by the parties and provisions for a uniform method of determining, and allocating among the parties, costs of construction, operation, maintenance, renewals, replacements, and improvements with respect to such <span class="dictionary">project</span>. In carrying out its functions and activities as such agent with respect to the construction, operation, and maintenance of such a <span class="dictionary">project</span>, including without limitation the letting of <span class="dictionary">contracts</span> therefor, the agent shall be governed by the <span class="dictionary">laws</span> and regulations applicable to such agent as a separate legal entity and not by any <span class="dictionary">laws</span> or regulations which may be applicable to any of the other parties. Notwithstanding the provisions of any other <span class="dictionary">law</span> to the contrary, the <span class="dictionary">authority</span> may delegate its powers and duties with respect to the construction, operation and maintenance of such <span class="dictionary">project</span> to such agent, and all actions taken by the agent in accordance with the provisions of such agreement shall be binding upon each of the parties without further action or approval by their respective boards of directors or governing bodies. The agent shall be required to exercise all such powers and perform its duties and functions under the agreement in a manner consistent with <span class="dictionary">prudent utility practice</span>.</p><p>As used in this section, &#x201C;<span class="dictionary">prudent utility practice</span>&#x201D; means any of the practices, methods, and acts at a particular time which, in the exercise of reasonable <span class="dictionary">judgment</span> in the light of the <span class="dictionary">facts</span>, including but not limited to the practices, methods, and acts engaged in or approved by a significant portion of the electrical utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition.</p></section></text><history>1979, c. 416, &#xA7; 15.1-1613; 1997, c. 587.</history><metadata></metadata></law>
