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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>370692</law_id><section_number>56-61</section_number><catch_line>Action of Commission on such application</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="121" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="4" identifier="3">Issuance of Stocks, Bonds, Etc.</unit></structure><text>
						<section><p>When an application is filed with the <span class="dictionary">Commission</span> under &#xA7;&#xA0;<a class="law" title="Application for order authorizing issuance of securities or assumption of liabilities" href="/56-60/">56-60</a> it shall consider and pass upon the same within twenty-five days, and when the application sets forth that such <span class="dictionary">securities</span> are to be issued or such obligations or liabilities are to be assumed for any purpose set forth in &#xA7;&#xA0;<a class="law" title="Purposes for which stock, etc., may issue" href="/56-58/">56-58</a>, and the <span class="dictionary">Commission</span> so finds, it shall approve the application and <span class="dictionary">issue</span> the <span class="dictionary">order</span> applied for, unless the <span class="dictionary">Commission</span> shall find, for reasons stated by it, that the issuance of such <span class="dictionary">securities</span> or the assumption of such obligations or liabilities is not reasonably necessary to carry out one or more of the purposes set forth in the application. The <span class="dictionary">Commission</span> may by its <span class="dictionary">order</span> grant permission for any such issuance or assumption in the amount or on the terms applied for, or in a less amount, or on different terms, or not at all, and may include in its <span class="dictionary">order</span> such terms and conditions fairly relating to the matter of such issuance or assumption as it may deem reasonable or necessary. Whenever the <span class="dictionary">Commission</span> refuses, in whole or in part, an application to <span class="dictionary">issue</span> <span class="dictionary">securities</span> or assume obligations or liabilities, or grants such an application with modifications, it shall state specifically its reasons so that such refusal or modifications may be reviewed judicially on <span class="dictionary">appeal</span>. If at the end of twenty-five days after the filing of such an application, or at the end of any extension or extensions of that time, which may have been ordered by the <span class="dictionary">Commission</span>, no <span class="dictionary">order</span> of disapproval is entered, the application shall be deemed in <span class="dictionary">fact</span> and <span class="dictionary">law</span> to have been approved, and an <span class="dictionary">order</span> shall be issued by the <span class="dictionary">Commission</span> authorizing the issuance of the <span class="dictionary">securities</span> or the assumption of the obligations or liabilities as applied for and such <span class="dictionary">securities</span> may be issued or such obligations or liabilities assumed accordingly. But the <span class="dictionary">Commission</span> may extend the original twenty-five-day period not to exceed an additional thirty days unless the <span class="dictionary">Commission</span> shall conclude that fifty-five days is not a sufficient time in which fully to investigate and determine whether such certificate shall be issued, in which event it shall by written <span class="dictionary">order</span> extend the time for a specified reasonable period, and in such <span class="dictionary">order</span> set forth the reasons for such extension, which <span class="dictionary">order</span> shall be viewed in <span class="dictionary">law</span> as a <span class="dictionary">final order</span> for purposes of <span class="dictionary">appeal</span>, and upon <span class="dictionary">appeal</span> the <span class="dictionary">court</span> shall approve or decrease the period specified in the order.</p><p>To enable it to determine whether it will <span class="dictionary">issue</span> such order, the <span class="dictionary">Commission</span> may hold a <span class="dictionary">hearing</span> and may make such additional inquiry or investigation, and examine such witnesses, books, papers, documents and <span class="dictionary">contracts</span>, and require the filing of such data as it may deem of assistance.</p></section></text><history>1934, p. 222; Michie Code 1942, &#xA7; 4073(5); 1980, c. 246.</history><metadata></metadata></law>
