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Virginia Gov. Approves Changes To Retail Choice Provisions
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Virgnia Gov. Abigail Spanberger has approved identical bills HB921 and SB818 which make various changes to the state's limited electric choice provisions
Under the approved bills, the threshold for general non-residential choice (apart from special green choice provisions) remains 5 MW, but the approved bills strike a prior limit that, to be eligible for choice, the customer's demand could not exceed one percent of the customer's incumbent electric utility's peak load during the most recent calendar year unless such customer had noncoincident peak demand in excess of 90 megawatts in calendar year 2006 or any year thereafter
HB921 and SB818 reduce the notice required for a choice customer to return to utility supply to 18 months, from the prior 5 years. Additionally, the approved bills strike a 3-year minimum notice requirement for choice customers returning to utility supply which had applied if the utility was using the fixed resource requirement mechanism in PJM
HB921 and SB818 create a statutory 12-month minimum stay for customers returning to utility supply. Previously, the length of the minimum stay was established by the State Corporation Commission, not statute.
HB921 and SB818 provide that, under the general 5 MW choice threshold, the following customers are ineligible for choice through this mechanism: residential customers and nonresidential customers whose noncoincident peak load is equal to or less than 150 kilowatts
This provision appears to prevent the aggregation of residential or <150 kW non-residential customers to meet the 5 MW threshold for choice
Otherwise, HB921 and SB818 do not modify the existing provisions allowing aggregation to reach the 5 MW threshold
Additionally, HB921 and SB818 do not modify the existing provisions allowing any customers to be served by a competitive retail supplier under a 100% renewable plan to the extent the customer's utility does not offer a 100% green plan which meets the requirements set forth in statute
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April 13, 2026
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Copyright 2026 EnergyChoiceMatters.com
Reporting by Paul Ring • ring@energychoicematters.com
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