In rare move, SCC orders three in-person hearings for NextEra-Dominion merger case

The State Corporation Commission has ordered additional chances for the public to officially testify in the case to approve or reject the proposed $67 billion NextEra-Dominion merger, Virginia regulators said Thursday.

In addition to the three days for telephonic testimony already planned at the beginning of the case, the commissioners mandated three in-person hearings across Dominion’s Virginia coverage area.

Clock starts for state regulators to review proposed Dominion-NextEra merger

This will allow additional opportunities for residents to weigh in on the merger that could create the largest regulated utility in the world, as the public and state lawmakers heighten their scrutiny of the deal.

The first of the three in-person meetings will be held on the evening of Nov. 5 inside the SCC’s courtroom in Richmond. The dates and locations of the other two meetings have yet to be determined.  

“Over the last few years, the Commission has endeavored to increase accessibility to its proceedings,” Commissioner Samuel Towell wrote in the order.

It is not unprecedented for the commission to host hearings outside of the Richmond courtrooms. Those typically happen for cases such as transmission lines or compressor stations, however, which would mostly impact one locality. 

But the magnitude of the merger and vigorous public engagement in the case has prompted the SCC to take this unusual step.

“There is no identified remote locus most impacted by this proceeding; the entire Dominion service territory is affected. Further, the approval or denial of the application does not uniquely alter the physical character of any particular community,” Towell wrote. “This is not a case that, under normal circumstances, would warrant remote, in-person hearings. But this is not a normal case.”

The three public testimony periods to be held via telephone are scheduled on the morning of Nov. 5 as well as Nov. 9 and 10. Due to time constraints, the public is encouraged to submit written testimony, by Nov. 9.

Towell noted that commissioners weigh in-person testimony equally with telephone or written testimonies. 

“A statement made in person at a remote location is given no more (or less) weight than a statement provided telephonically or in writing.”

The merger of the two major utility companies has garnered significant national attention and prompted action from state lawmakers.

Va. House speaker details ‘concerns’ about NextEra-Dominion merger in letter to state regulators

Lt. Gov. Ghazala Hashmi launched a statewide listening tour about the proposed deal and House Speaker Don Scott, D-Portsmouth, sent a letter to SCC Chair Kelsey Bagot — a former NextEra attorney who has declined to recuse herself from the case — detailing his concerns and suggestions about the merger.

Lawmakers also requested that Gov. Abigail Spanberger call a special session to allow the General Assembly a chance to pass legislation that would allow the merger case’s six-month review period to be extended. 

Spanberger said late last week she would not convene a special legislative session over the merger, pointing out that she has already taken an unprecedented step by filing to intervene in the case.

A timeline of the schedule for the merger case can be found on the SCC website

This post was originally published on Virginia Mercury.

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