City of Richmond v. Va. Elec. & Power Co.
Supreme Court of Virginia
1Opinion of the Court
OPINION BY JUSTICE WILLIAM C. MIMS
In this appeal, we consider whether Code § 58.1-3814(H) permits a locality to impose a tax on natural gas consumed for the sole purpose of generating electricity.
I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW
Virginia Electric and Power Company ("VEPCO") operates a gas-fired electric generation station located in the City of Richmond. The City sent VEPCO a tax assessment for natural gas consumed at the station between 2001 and 2004, ostensibly under Code § 58.1-3814(H). * The City later sent a second assessment for gas consumed between the years 2005 and 2008.…
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