Commission limits access to memo in Dominion merger review

(The Center Square) – A Virginia hearing examiner has restricted access to a disputed NextEra Energy memorandum as regulators review the company’s proposed acquisition of Dominion Energy.

State Corporation Commission Chief Hearing Examiner D. Mathias Roussy Jr. ruled Thursday that parties covered by confidentiality agreements may review the document in person at the companies’ attorneys’ offices. The memorandum will not be distributed to those parties through the electronic system used to share records in the case.

The document, known as the Robo Memorandum, concerns accusations that NextEra’s Florida utility, Florida Power & Light, used company resources to influence elections and target political opponents.

NextEra has denied wrongdoing. The companies previously said an internal investigation found no evidence of illegality or wrongdoing by Florida Power & Light or its employees.

Clean Virginia, a group participating in the merger review, sought the memorandum through requests for information from the companies.

Roussy ordered the companies to produce the document Oct. 2. Dominion and NextEra then asked to limit access, saying that it contains personal identifying information and remains confidential in separate litigation.

Clean Virginia opposed the restrictions. The group said requiring attorneys and experts to travel to Richmond to review the document without making copies or taking notes would increase costs and make preparing testimony more difficult.

Roussy approved the restrictions, citing the document’s confidential status in the other litigation. He said his decision was not based on claims about any party in the Virginia proceeding.

The examiner also ordered the companies to provide copies to the commission’s Office of Hearing Examiners and legal counsel. The document must be made available for review without further delay.

The ruling does not determine whether the allegations involving Florida Power & Light are true or whether the merger should be approved.

Dominion’s Virginia utility serves millions of customers, and regulators are weighing the proposed merger’s potential effects on their electric bills.

An evidentiary hearing is scheduled to begin Nov. 17.

This post was originally published on The Center Square.

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