{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/23.1-2607.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/23.1-2607.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/23.1-2607.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/23.1-2607.html"}],"law_id":355318,"edition_id":2,"section_id":355318,"structure_id":50825,"section_number":"23.1-2607","catch_line":"Purchase of electric power and energy","history":"2007, cc. 612, 670, \u00a7 23-155.05; 2016, c. 588; 2017, c. 314.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Other party” means any other entity, including any (i) municipality, public institution of higher education, or political subdivision, public authority, agency, or instrumentality of the Commonwealth, another state, or the United States or (ii) partnership, limited liability company, nonprofit corporation, electric cooperative, or investor-owned utility, whether created, incorporated, or otherwise organized and existing under the laws of the Commonwealth, another state, or the United States.\n\n\t\t\t“Project” means any (i) system or facilities for the generation, transmission, transformation, or supply of electrical power and energy by any means whatsoever, including fuel, fuel transportation, and fuel supply resources; (ii) electric generating unit situated at a particular site in the continental United States; (iii) interest in such system, facilities, or unit, whether an undivided interest as a tenant in common or otherwise; or (iv) right to the output, capacity, or services of such system, facilities, or unit.\n\nB\n\nThe University may contract with any other party to buy power and energy to meet its present or future requirements. Any such contract may provide that (i) the source of such power and energy is limited to a specified project; (ii) replacement power and energy shall be provided; or (iii) the University shall be obligated to make payments required by the contract whether the project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the amount of power and energy contracted for; (iv) payments required by the contract (a) are not subject to any reduction, whether by offset or otherwise, (b) are not conditioned upon the performance or nonperformance of any other party, (c) shall be made solely from the revenues derived by the University from the ownership and operation of the electric system of the University, (d) may be secured by a pledge of and lien upon the electric system of the University, and (e) shall constitute an operating expense of the electric system of the University; (v) in the event of default by the University or any other party to the contract in the performance of its obligations for any project, the University or any other party to the contract for such project shall succeed to the rights and interests and assume the obligations of the defaulting party, either pro rata or as may be otherwise agreed upon in the contract; or (vi) no other party shall be obligated to provide power and energy in the event that (a) the project is inoperable, (b) the output of the project is subject to suspension, interference, reduction, or curtailment, or (c) a force majeure occurs.\n\nC\n\nNotwithstanding any other charter or provision of law to the contrary, no such contract, with respect to the sale or purchase of capacity, output, power, or energy from a project, shall exceed 50 years from the date that the project is estimated to be placed in normal continuous operation.\n\nD\n\nThe execution and effectiveness of any such contract are not subject to any authorizations and approvals by the Commonwealth or any agency, commission, instrumentality, or political subdivision of the Commonwealth except as specifically required by law.\n\nE\n\nNo obligation under any such contract shall constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the University or upon any of its income, receipts, or revenues, except the revenues of its electric system, and the faith and credit of the University shall not be pledged for the payment of any obligation under any such contract.\n\nF\n\nThe University shall fix, charge, and collect rents, rates, fees, and charges for electric power and energy and other services, facilities, and commodities sold, furnished, or supplied through its electric system sufficient to provide revenues adequate to meet its obligations under any such contract and to pay any and all other amounts payable from or constituting a charge and lien upon such revenues, including amounts sufficient to pay the principal of and interest on bonds of the University issued for purposes relating to its electric system. Any pledge made by the University pursuant to this subsection is governed by the laws of the Commonwealth.\n\n","order_by":null,"text":{"0":{"id":1323223,"text":"For purposes of this section:\n\t\t\t“Other party” means any other entity, including any (i) municipality, public institution of higher education, or political subdivision, public authority, agency, or instrumentality of the Commonwealth, another state, or the United States or (ii) partnership, limited liability company, nonprofit corporation, electric cooperative, or investor-owned utility, whether created, incorporated, or otherwise organized and existing under the laws of the Commonwealth, another state, or the United States.\t\t\t“Project” means any (i) system or facilities for the generation, transmission, transformation, or supply of electrical power and energy by any means whatsoever, including fuel, fuel transportation, and fuel supply resources; (ii) electric generating unit situated at a particular site in the continental United States; (iii) interest in such system, facilities, or unit, whether an undivided interest as a tenant in common or otherwise; or (iv) right to the output, capacity, or services of such system, facilities, or unit.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1323224,"text":"The University may contract with any other party to buy power and energy to meet its present or future requirements. Any such contract may provide that (i) the source of such power and energy is limited to a specified project; (ii) replacement power and energy shall be provided; or (iii) the University shall be obligated to make payments required by the contract whether the project is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project or the amount of power and energy contracted for; (iv) payments required by the contract (a) are not subject to any reduction, whether by offset or otherwise, (b) are not conditioned upon the performance or nonperformance of any other party, (c) shall be made solely from the revenues derived by the University from the ownership and operation of the electric system of the University, (d) may be secured by a pledge of and lien upon the electric system of the University, and (e) shall constitute an operating expense of the electric system of the University; (v) in the event of default by the University or any other party to the contract in the performance of its obligations for any project, the University or any other party to the contract for such project shall succeed to the rights and interests and assume the obligations of the defaulting party, either pro rata or as may be otherwise agreed upon in the contract; or (vi) no other party shall be obligated to provide power and energy in the event that (a) the project is inoperable, (b) the output of the project is subject to suspension, interference, reduction, or curtailment, or (c) a force majeure occurs.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1323225,"text":"Notwithstanding any other charter or provision of law to the contrary, no such contract, with respect to the sale or purchase of capacity, output, power, or energy from a project, shall exceed 50 years from the date that the project is estimated to be placed in normal continuous operation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1323226,"text":"The execution and effectiveness of any such contract are not subject to any authorizations and approvals by the Commonwealth or any agency, commission, instrumentality, or political subdivision of the Commonwealth except as specifically required by law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":1323227,"text":"No obligation under any such contract shall constitute a legal or equitable pledge, charge, lien, or encumbrance upon any property of the University or upon any of its income, receipts, or revenues, except the revenues of its electric system, and the faith and credit of the University shall not be pledged for the payment of any obligation under any such contract.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":1323228,"text":"The University shall fix, charge, and collect rents, rates, fees, and charges for electric power and energy and other services, facilities, and commodities sold, furnished, or supplied through its electric system sufficient to provide revenues adequate to meet its obligations under any such contract and to pay any and all other amounts payable from or constituting a charge and lien upon such revenues, including amounts sufficient to pay the principal of and interest on bonds of the University issued for purposes relating to its electric system. Any pledge made by the University pursuant to this subsection is governed by the laws of the Commonwealth.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":50825,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":50824,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 02:33:46","date_modified":"2026-08-02 12:31:21","permalink":{"id":1413497,"object_type":"structure","relational_id":50825,"identifier":"1","token":"23.1\/IV\/26\/1","url":"\/23.1\/IV\/26\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50824,"edition_id":2,"name":"Virginia Polytechnic Institute and State University","identifier":"26","label":"chapter","depth":3,"order_by":14,"parent_id":50799,"metadata":{"child_laws":43,"child_structures":6},"date_created":"2026-08-02 02:33:46","date_modified":"2026-08-02 12:31:21","permalink":{"id":1413495,"object_type":"structure","relational_id":50824,"identifier":"26","token":"23.1\/IV\/26","url":"\/23.1\/IV\/26\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50799,"edition_id":2,"name":"Public Institutions of Higher Education","identifier":"IV","label":"subtitle","depth":2,"order_by":4,"parent_id":50782,"metadata":{"child_laws":211,"child_structures":29},"date_created":"2026-08-02 02:33:29","date_modified":"2026-08-02 12:31:19","permalink":{"id":1412927,"object_type":"structure","relational_id":50799,"identifier":"IV","token":"23.1\/IV","url":"\/23.1\/IV\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50782,"edition_id":2,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":62,"parent_id":null,"metadata":{"child_laws":594,"child_structures":95},"date_created":"2026-08-02 02:33:18","date_modified":"2026-08-02 12:31:13","permalink":{"id":1411583,"object_type":"structure","relational_id":50782,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":355311,"structure_id":50825,"section_number":"23.1-2600","catch_line":"Corporate name; name of the University","url":"\/23.1-2600\/","token":"23.1\/IV\/26\/1\/23.1-2600","metadata":false},{"id":355312,"structure_id":50825,"section_number":"23.1-2601","catch_line":"Membership","url":"\/23.1-2601\/","token":"23.1\/IV\/26\/1\/23.1-2601","metadata":false},{"id":355313,"structure_id":50825,"section_number":"23.1-2602","catch_line":"Meetings; officers; committees","url":"\/23.1-2602\/","token":"23.1\/IV\/26\/1\/23.1-2602","metadata":false},{"id":355314,"structure_id":50825,"section_number":"23.1-2603","catch_line":"Powers and duties","url":"\/23.1-2603\/","token":"23.1\/IV\/26\/1\/23.1-2603","metadata":false},{"id":355315,"structure_id":50825,"section_number":"23.1-2604","catch_line":"Investment of endowment funds, endowment income, etc","url":"\/23.1-2604\/","token":"23.1\/IV\/26\/1\/23.1-2604","metadata":false},{"id":355316,"structure_id":50825,"section_number":"23.1-2605","catch_line":"Employees","url":"\/23.1-2605\/","token":"23.1\/IV\/26\/1\/23.1-2605","metadata":false},{"id":355317,"structure_id":50825,"section_number":"23.1-2606","catch_line":"Courses of study","url":"\/23.1-2606\/","token":"23.1\/IV\/26\/1\/23.1-2606","metadata":false},{"id":355318,"structure_id":50825,"section_number":"23.1-2607","catch_line":"Purchase of electric power and energy","url":"\/23.1-2607\/","token":"23.1\/IV\/26\/1\/23.1-2607","metadata":false}],"previous_section":{"id":355317,"structure_id":50825,"section_number":"23.1-2606","catch_line":"Courses of study","url":"\/23.1-2606\/","token":"23.1\/IV\/26\/1\/23.1-2606","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-2607\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapters 612<\/a> and 670<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2016, chapter 588<\/a>; in 2017, chapter 314<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1413527,"object_type":"law","relational_id":355318,"identifier":"23.1-2607","token":"23.1\/IV\/26\/1\/23.1-2607","url":"\/23.1-2607\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/23.1-2607\/","token":"23.1\/IV\/26\/1\/23.1-2607","dublin_core":{"Title":"Purchase of electric power and energy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-2607","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Other party<\/span>” means any other entity, including any (i) municipality, public institution of higher education<\/span>, or political subdivision, public authority, agency, or instrumentality of the Commonwealth, another state, or the United States or (ii) partnership, limited liability company, nonprofit corporation, electric cooperative, or investor-owned utility, whether created, incorporated, or otherwise organized and existing under the laws<\/span> of the Commonwealth, another state, or the United States.

\t\t\t“Project<\/span>” means any (i) system<\/span> or facilities for the generation, transmission, transformation, or supply of electrical power and energy by any means whatsoever, including fuel, fuel transportation, and fuel supply resources; (ii) electric generating unit situated at a particular site in the continental United States; (iii) interest in such system<\/span>, facilities, or unit, whether an undivided interest as a tenant in common or otherwise; or (iv) right to the output, capacity, or services of such system<\/span>, facilities, or unit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The University may contract<\/span> with any other party<\/span> to buy power and energy to meet its present or future requirements. Any such contract<\/span> may provide that (i) the source of such power and energy is limited to a specified project<\/span>; (ii) replacement power and energy shall be provided; or (iii) the University shall be obligated to make payments required by the contract<\/span> whether the project<\/span> is completed, operable, or operating and notwithstanding the suspension, interruption, interference, reduction, or curtailment of the output of a project<\/span> or the amount of power and energy contracted for; (iv) payments required by the contract<\/span> (a) are not subject to any reduction, whether by offset or otherwise, (b) are not conditioned upon the performance or nonperformance of any other party<\/span>, (c) shall be made solely from the revenues derived by the University from the ownership and operation of the electric system<\/span> of the University, (d) may be secured by a pledge of and lien<\/span> upon the electric system<\/span> of the University, and (e) shall constitute an operating expense of the electric system<\/span> of the University; (v) in the event of default<\/span> by the University or any other party<\/span> to the contract<\/span> in the performance of its obligations for any project<\/span>, the University or any other party<\/span> to the contract<\/span> for such project<\/span> shall succeed to the rights and interests and assume the obligations of the defaulting party, either pro rata or as may be otherwise agreed upon in the contract<\/span>; or (vi) no other party<\/span> shall be obligated to provide power and energy in the event that (a) the project<\/span> is inoperable, (b) the output of the project<\/span> is subject to suspension, interference, reduction, or curtailment, or (c) a force majeure occurs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other charter or provision of law<\/span> to the contrary, no such contract<\/span>, with respect to the sale or purchase of capacity, output, power, or energy from a project<\/span>, shall exceed 50 years from the date that the project<\/span> is estimated to be placed in normal continuous operation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The execution and effectiveness of any such contract<\/span> are not subject to any authorizations and approvals by the Commonwealth or any agency, commission, instrumentality, or political subdivision of the Commonwealth except as specifically required by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> No obligation under any such contract<\/span> shall constitute a legal or equitable<\/span> pledge, charge, lien<\/span>, or encumbrance upon any property of the University or upon any of its income, receipts, or revenues, except the revenues of its electric system<\/span>, and the faith and credit of the University shall not be pledged for the payment of any obligation under any such contract<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The University shall fix, charge, and collect rents, rates, fees, and charges for electric power and energy and other services, facilities, and commodities sold, furnished, or supplied through its electric system<\/span> sufficient to provide revenues adequate to meet its obligations under any such contract<\/span> and to pay any and all other amounts payable from or constituting a charge and lien<\/span> upon such revenues, including amounts sufficient to pay the principal of and interest on bonds<\/span> of the University issued for purposes relating to its electric system<\/span>. Any pledge made by the University pursuant to this subsection is governed by the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPURCHASE OF ELECTRIC POWER AND ENERGY (\u00a7 23.1-2607)\n\nA. For purposes of this section:\n\t\t\t“Other party” means any other entity, including any (i)\nmunicipality, public institution of higher education, or political subdivision,\npublic authority, agency, or instrumentality of the Commonwealth, another state,\nor the United States or (ii) partnership, limited liability company, nonprofit\ncorporation, electric cooperative, or investor-owned utility, whether created,\nincorporated, or otherwise organized and existing under the laws of the\nCommonwealth, another state, or the United States.\t\t\t“Project” means\nany (i) system or facilities for the generation, transmission, transformation,\nor supply of electrical power and energy by any means whatsoever, including\nfuel, fuel transportation, and fuel supply resources; (ii) electric generating\nunit situated at a particular site in the continental United States; (iii)\ninterest in such system, facilities, or unit, whether an undivided interest as a\ntenant in common or otherwise; or (iv) right to the output, capacity, or\nservices of such system, facilities, or unit.\n\nB. The University may contract with any other party to buy power and energy to\nmeet its present or future requirements. Any such contract may provide that (i)\nthe source of such power and energy is limited to a specified project; (ii)\nreplacement power and energy shall be provided; or (iii) the University shall be\nobligated to make payments required by the contract whether the project is\ncompleted, operable, or operating and notwithstanding the suspension,\ninterruption, interference, reduction, or curtailment of the output of a project\nor the amount of power and energy contracted for; (iv) payments required by the\ncontract (a) are not subject to any reduction, whether by offset or otherwise,\n(b) are not conditioned upon the performance or nonperformance of any other\nparty, (c) shall be made solely from the revenues derived by the University from\nthe ownership and operation of the electric system of the University, (d) may be\nsecured by a pledge of and lien upon the electric system of the University, and\n(e) shall constitute an operating expense of the electric system of the\nUniversity; (v) in the event of default by the University or any other party to\nthe contract in the performance of its obligations for any project, the\nUniversity or any other party to the contract for such project shall succeed to\nthe rights and interests and assume the obligations of the defaulting party,\neither pro rata or as may be otherwise agreed upon in the contract; or (vi) no\nother party shall be obligated to provide power and energy in the event that (a)\nthe project is inoperable, (b) the output of the project is subject to\nsuspension, interference, reduction, or curtailment, or (c) a force majeure\noccurs.\n\nC. Notwithstanding any other charter or provision of law to the contrary, no\nsuch contract, with respect to the sale or purchase of capacity, output, power,\nor energy from a project, shall exceed 50 years from the date that the project\nis estimated to be placed in normal continuous operation.\n\nD. The execution and effectiveness of any such contract are not subject to any\nauthorizations and approvals by the Commonwealth or any agency, commission,\ninstrumentality, or political subdivision of the Commonwealth except as\nspecifically required by law.\n\nE. No obligation under any such contract shall constitute a legal or equitable\npledge, charge, lien, or encumbrance upon any property of the University or upon\nany of its income, receipts, or revenues, except the revenues of its electric\nsystem, and the faith and credit of the University shall not be pledged for the\npayment of any obligation under any such contract.\n\nF. The University shall fix, charge, and collect rents, rates, fees, and charges\nfor electric power and energy and other services, facilities, and commodities\nsold, furnished, or supplied through its electric system sufficient to provide\nrevenues adequate to meet its obligations under any such contract and to pay any\nand all other amounts payable from or constituting a charge and lien upon such\nrevenues, including amounts sufficient to pay the principal of and interest on\nbonds of the University issued for purposes relating to its electric system. Any\npledge made by the University pursuant to this subsection is governed by the\nlaws of the Commonwealth.\n\nHISTORY: 2007, cc. 612, 670, \u00a7 23-155.05; 2016, c. 588; 2017, c. 314.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}