Governor seeks role in Dominion-NextEra merger review

“As a Virginian, I am deeply skeptical about whether selling our primary, state-regulated utility to an out-of-state company is good for the commonwealth,” Spanberger wrote in a Washington Post opinion piece published Thursday. “I have serious questions about what this deal would mean for us. And as governor, I intend to get answers and be a voice for Virginians in the process.”

Under the commission’s rules of practice, intervenors may participate in proceedings by presenting testimony and evidence, filing briefs, making legal arguments and examining witnesses during the commission’s review.

The governor said her administration will focus on three priorities: lowering energy costs for Virginia families and small businesses, protecting Dominion’s workforce and ensuring any merger supports reliable, affordable and clean energy.

“By formally intervening in the SCC case, my administration can build on the progress we have already made,” Spanberger wrote. “To be clear: Taking this action does not mean I intend to make the SCC’s decision for it. Instead, I am seeking to make sure Virginians have a voice in the process.”

The announcement marks a firmer position than Spanberger took in the weeks after the merger was announced, when she said any deal must provide clear financial benefits for Virginians.

Dominion and NextEra announced the proposed merger in May and filed their joint application with the commission on July 15. If approved, Dominion Energy Virginia would continue operating as a separately incorporated, regulated Virginia utility. Under state law, the commission generally has 60 days after an application is deemed complete to issue a decision, with one extension of up to 120 days.

State law provides that if the commission does not act within that deadline, the application is deemed approved.

The proposal continues to draw scrutiny from state lawmakers.

Sen. Russet Perry, D-Loudoun, renewed her call Wednesday for a special legislative session to extend Virginia’s merger review timeline after South Carolina established a Jan. 29 deadline for its review.

“Today’s action by South Carolina reinforces what I’ve been saying since this merger was first announced: Virginia needs more time,” Perry said. “From the beginning, I have advocated for greater transparency and a review process that reflects the significance of this transaction.”

Perry said Virginia has about 2.7 million electric customers who could be affected by the merger, compared with roughly 820,000 in South Carolina, and said the commonwealth should not be required to complete its review first because of its shorter statutory timeline.

“Without an extended timeline, the State Corporation Commission must deny the merger,” Perry concluded. “An arbitrary deadline cannot be allowed to outweigh the commission’s responsibility to protect the public interest and fully evaluate a decision that will shape the commonwealth’s energy future.”

The commission continues reviewing the proposed merger and has not ruled on the companies’ application.