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It’s good to see that Gov. Abigail Spanberger is formally intervening with the powerful State Corporation Commission (SCC) in the proposed NextEra-Dominion merger, and that she’s clearly stating, “I remain skeptical of the benefits this merger would deliver to Virginia — particularly if those benefits come at the expense of affordability, existing jobs, or meeting our homegrown clean energy goals.” Now, we need two more things to happen for sure.
- First, the review process absolutely needs to be extended beyond six months, for all the crucial reasons laid out clearly and powerfully back in June by Scott Hempling, who is an expert in the area of public utility law, “an adjunct professor at the Georgetown University Law Center,” and the author of a legal treatise, “Regulating Public Utility Performance: The Law of Market Structure, Pricing and Jurisdiction,” which “has been described as a ‘comprehensive regulatory treatise [that] warrants comparison with Kahn and Phillips.”
- Second, we need NextEra’s former attorney, Kelsey Bagot, who is now on the SCC, to recuse herself from this case (“Bagot left NextEra in April 2024 and immediately joined SCC. She became the SCC Chair this February. She worked at NextEra from September 2022 to April 2024”).
If those two things happen, in addition to Gov. Spanberger’s intervention in this case, there’s at least some hope that the proposed merger will be given the scrutiny a deal of this magnitude merits. Anything else is unacceptable, really.
NEW: Governor Spanberger Formally Intervenes in Proposed NextEra-Dominion Merger, Outlines Focus on Energy Affordability
Spanberger Is Taking Unprecedented Action, Becoming the First Governor of Virginia to Intervene in a Case Before the State Corporation Commission
Governor Spanberger: “Virginians Deserve to Know That Their Long-term Interests, Not Simply Those of the Companies Involved, Are Being Put First”
RICHMOND, VA — Governor Abigail Spanberger today filed with the State Corporation Commission (SCC) to formally intervene in the proposed $67 billion merger between Florida-based NextEra Energy and Dominion Energy.
“As Governor, I remain skeptical of the benefits this merger would deliver to Virginia — particularly if those benefits come at the expense of affordability, existing jobs, or meeting our homegrown clean energy goals,” said Governor Abigail Spanberger. “Virginians deserve to know that their long-term interests, not simply those of the companies involved, are being put first. By formally intervening in the SCC case, my Administration will be able to directly advocate on behalf of Virginians impacted by what would be the largest utility merger in U.S. history.”
Governor Spanberger continued, “Virginians can trust that they have a voice in the room and a seat at the table in a merger that is wholly unprecedented in size and its potential impact on the Commonwealth. Ultimately, my goal is to make sure that Virginia is building an affordable, reliable, local, and clean energy future that serves every household, while supporting a thriving economy across the Commonwealth.”
In her formal Notice of Participation as a Respondent filing, Governor Spanberger reiterated the three non-negotiable priorities that will guide her involvement as the SCC conducts its review: delivering more affordable energy bills for Virginians, protecting Virginia’s utility workforce, and accelerating Virginia’s progress toward producing affordable, reliable, local, and clean power into the future. This is the first time any Governor of Virginia has intervened at the SCC.
“This bold step by the Governor is warranted given the stakes of this case. The Governor has been working on behalf of Virginians from day one, with comments at the SCC, and now through this formal intervention,” said Chief Energy Officer Josephus Allmond. “This intervention will allow us to continue that fight, ask the tough questions that need to be asked, and ensure that any outcome at a minimum delivers progress on the Governor’s three non-negotiable priorities.”
As a party to the case, the Governor and her Administration will have the legal right to engage, bring concerns forward, request detailed information about the proposed merger, and make clear that Virginians expect to see long-term, tangible benefits of any potential deal.
Governor Spanberger announced her decision to intervene in the proposed merger in a Washington Post op-ed last week. The Governor also highlighted the more than a dozen laws she has signed to lower energy costs for Virginia families and small businesses, including a first-of-its-kind statewide consumption tax to make sure data centers pay their fair share for the power they use. Additionally, the Governor writes about how this month — after she urged state regulators to protect Virginians from shouldering new energy costs, the SCC ordered data centers to cover the cost of transmission infrastructure built exclusively for their facilities.
Click here to read Governor Spanberger’s filing with the State Corporation Commission.
