STATE CORPORATION COMMISSION
AT
RICHMOND, JUNE 11, 2020
COMMONWEALTH OF
VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUR-2020-00109
Ex Parte: Establishing the rates, terms and conditions of
a universal fee to be paid by the retail customers of
the Virginia Electric and Power Company.
ORDER ESTABLISHING PROCEEDING
During its 2020 Session, the Virginia General Assembly enacted
Chapters 1193 (HB 1526) and 1194 (SB 851) of the 2020 Virginia Acts of
Assembly. These duplicate Acts of Assembly, known as the Virginia Clean
Economy Act (VCEA or Act), will become effective on July 1, 2020. The VCEA,
inter alia, establishes the Percentage of Income Payment Program
(Program or PIPP), which is designed to limit the electric utility payments of
persons or households participating in certain, specified public assistance
programs, based upon a percentage of their income, for customers of the
Virginia Electric and Power Company (Dominion Energy Virginia or Dominion) and
Appalachian Power Company (APCo).
The Act directs the
State Corporation Commission (Commission), after notice and opportunity for
hearing, to initiate a proceeding to establish the rates, terms and conditions
of a "non-bypassable universal service fee" to fund the Program. This
service fee will be paid by the customers of Dominion Energy Virginia and APCo.
The VCEA directs that the fee
shall be allocated to retail electric customers of a Phase I
and Phase II Utility on the basis of the amount of kilowatt-hours used and be
established at such level to adequately address the PIPP's objectives to (i)
reduce the energy burden of eligible participants by limiting electric bill
payments directly to no more than six percent of the eligible participant's
annual household income if the household's heating source is anything other
than electricity, and to no more than 10 percent of an eligible participant's
annual household income on electricity costs if the household's heating source
is electricity, and (ii) reduce the amount of electricity used by the eligible
participant's household through participation in weatherization or energy
efficiency programs and energy conservation education programs.1
The Act also requires the Commission to determine reasonable
administrative costs investor-owned utilities may recover associated with the
PIPP, and the mechanism by which utilities may recover those costs. The Act
requires the Commission to issue a Final Order concerning this proceeding by
December 31, 2020.2
The Act also directs two executive branch agencies-the
Department of Housing and Community Development and the Department of Social
Services (Agencies)-to convene a stakeholder working group and develop
recommendations regarding the implementation of the PIPP.3 The
Agencies' recommendations are required to be submitted to certain legislative
committees by December 1, 2020. The Commission encourages these Agencies to also
participate in the Commission proceeding established herein.
NOW THE COMMISSION, upon consideration of the foregoing and
pursuant to the Act's requirements, hereby initiates this docket to establish
the rates, terms and conditions of a non-bypassable universal service fee to
fund the PIPP, to be paid by the retail customers of Dominion Energy Virginia.
Dominion is directed herein to propose such rates, terms and conditions, and in
so doing shall, at a minimum, address the following issues:
• The number of eligible customers assumed and the basis for
that assumption, including data sources used to develop customer eligibility
levels;
• How heating sources were determined for eligible customers;
• A calculation of the dollars assumed not to be recovered as a
result of the program being implemented for eligible customers heating with
electricity;
• A calculation of the dollars assumed not to be recovered as a
result of the program being implemented for customers heating with other
sources;
• Costs proposed to be recovered related to arrearages and
administrative costs incurred by Dominion and by state agencies involved in the
program;
• How the objective of reducing usage through participation in
weatherization, energy efficiency, and conservation will be accomplished;
identify any costs associated with these programs that are proposed to be
collected by the fee.
• Total costs proposed to be recovered by the universal service
fee detailing the components previously identified and other costs proposed to
be recovered;
• The billing determinants used and a calculation of the
proposed fee;
• How customer eligibility will be monitored and the frequency
of monitoring;
• Whether program participants are statutorily exempted from
being assessed the fee and, if they are, how such will be accomplished; and
• The amount of uncollectible expense in base rates associated
with eligible customers. Include a credit in the calculation of the proposed
fee to avoid double-recovery of this expense.
All information necessary to support the proposed fee should be
provided.
The Commission will, by separate Order, establish a docket in
which APCo will propose its own rates, terms and conditions of its universal
service fee to fund the PIPP.
The Commission further takes judicial notice of the ongoing public health emergency related to the spread of
the coronavirus, or COVID-19, and the declarations of emergency issued at
both the state and federal levels.4 The Commission has taken certain
actions, and may take additional actions going forward, which could impact the
procedures in this proceeding.5 Consistent with these actions, in
regard to the terms of the procedural framework established below, the
Commission will, among other things, direct the electronic filing of testimony
and pleadings unless it contains confidential information, and require
electronic service of pleadings on parties to this proceeding.
Accordingly, IT IS ORDERED THAT:
(1) The Commission
initiates this Case No. PUR-2020-00109 for purposes of establishing the rates, terms
and conditions of a non-bypassable universal service fee to be paid by
Dominion's retail customers to fund the PIPP.
(2) All pleadings in
this matter should be submitted electronically to the extent authorized by Rule
5 VAC 5-20-150, Copies and Format, of the Commission's Rules of
Practice and Procedure (Rules of Practice).6 Confidential and
Extraordinarily Sensitive Information shall not be submitted electronically and
should comply with Rule 5 VAC 5-20-170, Confidential information. For
the duration of the COVID-19 emergency, any person seeking to hand deliver and
physically file or submit any pleading or other document shall contact the
Clerk's Office Document Control Center at (804) 371-9838 to arrange the
delivery.7
(3) Pursuant to 5 VAC 5-20-140, Filing and Service,
of the Commission's Rules of Practice, the Commission directs that service on
parties and the Commission Staff (Staff) in this matter shall be accomplished
by electronic means. Concerning Confidential or Extraordinarily Sensitive Information,
parties and the Staff are instructed to work together to agree upon the manner
in which documents containing such information shall be served upon one
another, to the extent practicable, in an electronically protected manner, even
if such information is unable to be filed in the Office of the Clerk, so that
no party or the Staff is impeded from preparing its case.
(4) As provided by § 12.1-31 of the Code and
5 VAC 5-20-120, Procedure before Hearing Examiners, of the
Commission's Rules of Practice, a Hearing Examiner is appointed to rule on any
discovery matters that may arise during the course of this proceeding,
including any motion for protective order.
(5) On or before July 21, 2020, Dominion shall file an original
and fifteen (15) copies of its PIPP filing together with any testimony and
exhibits in support thereof; each witness's testimony shall include a summary
not to exceed one page and shall specify those portions of the PIPP filing that
the witness will sponsor at the hearing. Alternatively, in lieu of prefiled
testimony and exhibits, Dominion may file, on or before July 21, 2020, a
document in which Dominion: (a) identifies witnesses who will appear and offer
testimony in support of Dominion's PIPP filing at the hearing; (b) specifies
those portions of the filing that such witnesses will adopt and support as
their testimony at the hearing; and (c) includes a summary not to exceed one
page of each such witness's testimony. Dominion shall serve copies thereof on
counsel for all respondents and the Staff.
(6) An electronic copy of the public version of Dominion's PIPP
filing once filed, may be obtained by downloading unofficial copies of the
public version of the PIPP filing and other documents filed in this case from
the Commission's website: https://scc.virginia.gov/pages/Case-Information.
(7) A hearing shall be convened at 9:30 a.m. on October
14, 2020, in the Commission's second floor courtroom located in the Tyler
Building, 1300 East Main Street, Richmond, Virginia 23219, to receive
opening statements, testimony, and evidence offered by Dominion, respondents,
and the Staff on Dominion's PIPP filing.
(8) A hearing for the receipt of testimony from public
witnesses on Dominion's PIPP filing shall be convened telephonically at
9:30 a.m. on October 13, 2020, with no witness present in the Commission's
courtroom.8 The hearing will be conducted according to the following
procedures:
a) To promote fairness for all public witnesses, each witness
will be allotted five minutes to provide testimony.
b) On or before October 8, 2020, any person desiring to offer
testimony as a public witness shall provide to the Commission (a) your name,
and (b) the telephone number that you wish the Commission to call during the
hearing to receive your testimony. This information may be provided to the
Commission in three ways: (i) by filling out a form on the Commission's website
at https://scc.virginia.gov/pages/webcasting; (ii) by completing
and emailing the PDF version of this form to sccinfo@scc.virginia.gov;
or (iii) by calling (804) 371-9141.
c) Beginning at 9:30 a.m. on October 13, 2020, the
Commission will telephone sequentially each person who has signed up to testify
as provided above. This hearing will not be convened, and the parties will be
notified of such, if no person signs up to testify as a public witness.
d) This public witness hearing will be webcast at: https://scc.virginia.gov/pages/webcasting.
(9) On or before October 7, 2020, any interested person may
file comments on the PIPP filing by following the instructions found on the
Commission's website: https://scc.virginia.gov/pages/case-information.
All comments shall refer to Case No. PUR-2020-00109.
(10) On or before August 18, 2020, any person or entity wishing
to participate as a respondent in this proceeding may do so by filing a notice
of participation. Such notice of participation shall include the email
addresses of such parties or their counsel. The respondent simultaneously shall
serve a copy of the notice of participation on counsel to Dominion. Pursuant to
Rule 5 VAC 5-20-80 B, Participation as a respondent, of the
Commission's Rules of Practice, any notice of participation shall set forth:
(i) a precise statement of the interest of the respondent; (ii) a
statement of the specific action sought to the extent then known; and
(iii) the factual and legal basis for the action. Any organization,
corporation, or government body participating as a respondent must be
represented by counsel as required by 5 VAC 5-20-30, Counsel, of the
Rules of Practice. All filings shall refer to Case No. PUR-2020-00109.
(11) Within five (5) business days of receipt of a notice of
participation as a respondent, Dominion shall serve a copy of the public
version of PIPP filing on the respondent.
(12) On or before September 3, 2020, each respondent may file
with the Clerk of the Commission and serve on the Staff, Dominion, and all
other respondents, any testimony and exhibits by which the respondent expects
to establish its case, and each witness's testimony shall include a summary not
to exceed one page. In all filings, respondents shall comply with the
Commission's Rules of Practice, including, but not limited to:
5 VAC 5-20-140, Filing and service, and 5 VAC 5-20-240, Prepared
testimony and exhibits. All filings shall refer to Case No. PUR-2020-00109.
(13) On or before September 17, 2020, the Staff shall
investigate the PIPP filing and shall file with the Clerk of the Commission an
original and fifteen (15) copies of its testimony and exhibits concerning the
PIPP filing, and each Staff witness's testimony shall include a summary not to
exceed one page. The Staff shall serve a copy thereof on counsel to Dominion
and all respondents.
(14) On or before October 1, 2020, Dominion shall file with the
Clerk of the Commission any rebuttal testimony and exhibits that it expects to
offer, and each rebuttal witness's testimony shall include a summary not to
exceed one page. Dominion shall serve a copy of its rebuttal testimony and
exhibits on the Staff and all respondents.
(15) Any documents filed in paper form with the Office of the
Clerk of the Commission in this docket may use both sides of the paper. In all
other respects, all filings shall comply fully with the requirements of 5 VAC 5-20-150,
Copies and format, of the Commission's Rules of Practice.
(16) The Commission's Rule of Practice 5 VAC 5-20-260,
Interrogatories to parties or requests for production of documents and things, shall
be modified for this proceeding as follows: responses
and objections to written interrogatories and requests for production of
documents shall be served within seven (7) calendar days after receipt of the
same. In addition to the service requirements of 5 VAC 5-20-260 of the
Rules of Practice, on the day that copies are filed with the Clerk of the
Commission, a copy of the interrogatory or request for production shall be
served electronically on the party to whom the interrogatory or request for
production is directed or the assigned Staff attorney, if the interrogatory or
request for production is directed to the Staff.9 Except as
modified above, discovery shall be in accordance with Part IV of the
Commission's Rules of Practice, 5 VAC 5-20-240 et seq.
(17) This matter is continued.
A COPY hereof shall be sent electronically by the Clerk of the
Commission to all persons on the official Service List in this matter. The
Service List is available from the Clerk of the Commission.
_________________________________________
1§ 56-585.6 [effective July 1, 2020]. Universal
service fee; Percentage of Income Payment Program. APCo is a Phase I Utility,
and Dominion Energy Virginia is a Phase II Utility. See § 56-585.1 A 1 of the
Code of Virginia.
2Act's 12th Enactment: "12. That the State
Corporation Commission shall issue its final order in the Percentage of Income
Payment Program (PIPP) proceeding established pursuant to § 56-585.6 of
the Code of Virginia, as created by this act, by December 31, 2020, provided
that the non-bypassable universal service fee shall not be collected from
customers of a Phase I or a Phase II Utility, as those terms are defined in
subdivision A 1 of § 56-585.1 of the Code of Virginia, as amended by this
act, until such time as the PIPP is established. The Department of Housing and
Community Development and the Department of Social Services shall convene a
stakeholder working group and develop recommendations regarding the
implementation of PIPP. Such recommendations shall allow for a utility to
reimburse the administrative costs of the PIPP, not to exceed $3 million, and
shall be submitted to the Chairs of the House Committee on Labor and Commerce
and the Senate Committee on Commerce and Labor by December 1, 2020."
3Id.
4See, e.g., Executive Order No. 51, Declaration of a
State of Emergency Due to Novel Coronavirus, COVID-19, issued March 12, 2020,
by Gov. Ralph S. Northam. See also, Executive Order No. 53, Temporary
Restrictions on Restaurants, Recreational, Entertainment, Gatherings,
Non-Essential Retail Businesses, and Closure of K-12 Schools Due to Novel
Coronavirus (COVID-19), issued March 23, 2020, by Governor Ralph S. Northam,
and Executive Order No. 55, Temporary Stay At Home Order Due to Novel
Coronavirus (COVID-19), issued March 30, 2020, by Governor Ralph S. Northam.
These and subsequent Executive Orders related to COVID-19 may be found at: https://www.governor.virginia.gov/executive-actions/.
5See, e.g., Commonwealth of Virginia, ex rel. State
Corporation Commission, Ex Parte: Electronic Service of Commission Orders,
Case No. CLK-2020-00004, Doc. Con. Cen. No. 200330035, Order Concerning
Electronic Service of Commission Orders (Mar. 19, 2020), extended by Doc. Con.
Cen. No. 200520105, Order Regarding the State Corporation Commission's Revised
Operating Procedures During COVID-19 Emergency (May 11, 2020); Commonwealth of
Virginia, ex rel., State Corporation Commission, Ex Parte: Revised Operating
Procedures During COVID-19 Emergency, Case No. CLK-2020-00005, Doc. Con. Cen.
No. 200330042, Order Regarding the State Corporation Commission's Revised
Operating Procedures During COVID-19 Emergency (Mar. 19, 2020) (Revised
Operating Procedures Order), extended by Doc. Con. Cen. No. 200520105, Order
Regarding the State Corporation Commission's Revised Operating Procedures
During COVID-19 Emergency (May 11, 2020); Commonwealth of Virginia, ex rel.
State Corporation Commission, Ex Parte: Electronic service among parties during
COVID-19 emergency, Case No. CLK-2020-00007, Doc. Con. Cen. No. 200410009,
Order Requiring Electronic Service (Apr. 1, 2020).
65 VAC 5-20-10 et seq.
7As noted in the Commission's Revised Operating
Procedures Order, submissions to the Commission's Clerk's Office via U.S. mail
or commercial mail equivalents may not be processed for an indefinite period of
time due to the COVID-19 emergency.
8The Commission will convene counsel of record in this
proceeding to attend the public witness hearing via Skype for Business.
9The assigned Staff attorney is identified on the
Commission's website, https://scc.virginia.gov/pages/Case-Information, by clicking "Docket Search," then clicking
"Search by Case Information," and entering the case number, PUR-2020-00109
in the appropriate box.
* * *
AT RICHMOND, JUNE 12, 2020
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. PUR-2020-00117
Ex Parte: Establishing the rates, terms and conditions of
a universal fee to be paid by the retail customers of
Appalachian Power Company.
ORDER ESTABLISHING
PROCEEDING
During its 2020 Session, the Virginia
General Assembly enacted Chapters 1193 (HB 1526) and 1194 (SB 851) of the 2020
Virginia Acts of Assembly. These duplicate Acts of Assembly, known as
the Virginia Clean Economy Act (VCEA or Act), will become effective on July 1,
2020. The VCEA, inter alia, establishes the Percentage of Income Payment
Program (Program or PIPP), which is designed to limit the electric utility
payments of persons or households participating in certain, specified public
assistance programs, based upon a percentage of their income, for customers of
Appalachian Power Company (APCo) and Virginia Electric and Power Company
(Dominion).
The Act directs the State Corporation Commission (Commission),
after notice and opportunity for hearing, to initiate a proceeding to establish
the rates, terms and conditions of a "non-bypassable universal service
fee" to fund the Program. This service fee will be paid by the customers
of APCo and Dominion.
The VCEA directs that the feeshall be allocated to retail
electric customers of a Phase I and Phase II Utility on the basis of the amount
of kilowatt-hours used and be established at such level to adequately address
the PIPP's objectives to (i) reduce the energy burden of eligible participants
by limiting electric bill payments directly to no more than six percent of the
eligible participant's annual household income if the household's heating
source is anything other than electricity, and to no more than 10 percent of an
eligible participant's annual household income on electricity costs if the
household's heating source is electricity, and (ii) reduce the amount of
electricity used by the eligible participant's household through participation
in weatherization or energy efficiency programs and energy conservation
education programs.1
The Act also requires the Commission to determine reasonable
administrative costs investor-owned utilities may recover associated with the
PIPP, and the mechanism by which utilities may recover those costs. The Act
requires the Commission to issue a Final Order concerning this proceeding by
December 31, 2020.2
The Act also directs two executive branch agencies-the
Department of Housing and Community Development and the Department of Social
Services (Agencies)-to convene a stakeholder working group and develop
recommendations regarding the implementation of the PIPP.3 The
Agencies' recommendations are required to be submitted to certain legislative
committees by December 1, 2020. The Commission encourages these Agencies to
also participate in the Commission proceeding established herein.
NOW THE COMMISSION, upon consideration of the foregoing and
pursuant to the Act's requirements, hereby initiates this docket to establish
the rates, terms and conditions of a non-bypassable universal service fee to
fund the PIPP, to be paid by the retail customers of APCo. APCo is directed
herein to propose such rates, terms and conditions, and in so doing shall, at a
minimum, address the following issues:
• The number of eligible customers assumed and the basis for
that assumption, including data sources used to develop customer eligibility
levels;
• How heating sources were determined for eligible customers;
• A calculation of the dollars assumed not to be recovered as a
result of the program being implemented for eligible customers heating with
electricity;
• A calculation of the dollars assumed not to be recovered as a
result of the program being implemented for customers heating with other
sources;
• Costs proposed to be recovered related to arrearages and
administrative costs incurred by APCo and by state agencies involved in the
program;
• How the objective of reducing usage through participation in
weatherization, energy efficiency, and conservation will be accomplished;
identify any costs associated with these programs that are proposed to be
collected by the fee;
• Total costs proposed to be recovered by the universal service
fee detailing the components previously identified and other costs proposed to
be recovered;
• The billing determinants used and a calculation of the
proposed fee;
• How customer eligibility will be monitored and the frequency
of monitoring;
• Whether program participants are statutorily exempted from
being assessed the fee and, if they are, how such will be accomplished; and
• The amount of uncollectible expense in base rates associated
with eligible customers. Include a credit in the calculation of the proposed fee
to avoid double-recovery of this expense.
All information necessary to support the proposed fee should be
provided.
The Commission will, by separate Order, establish a docket in
which Dominion will propose its own rates, terms and conditions of its universal
service fee to fund the PIPP.
The Commission further takes judicial notice of the ongoing
public health emergency related to the spread of the coronavirus, or COVID-19,
and the declarations of emergency issued at both the state and federal levels.4
The Commission has taken certain actions, and may take additional actions going
forward, which could impact the procedures in this proceeding.5
Consistent with these actions, in regard to the terms of the procedural
framework established below, the Commission will, among other things, direct
the electronic filing of testimony and pleadings unless it contains
confidential information, and require electronic service of pleadings on
parties to this proceeding.
Accordingly, IT IS ORDERED THAT:
(1) The Commission initiates this Case No. PUR-2020-00117 for
purposes of establishing the rates, terms and conditions of a non-bypassable
universal service fee to be paid by APCo's retail customers to fund the PIPP.
(2) All pleadings in this matter should be submitted electronically
to the extent authorized by Rule 5 VAC 5-20-150, Copies and Format,
of the Commission's Rules of Practice and Procedure (Rules of Practice).6
Confidential and Extraordinarily Sensitive Information shall not be submitted
electronically and should comply with Rule 5 VAC 5-20-170,
Confidential information. For the duration of the COVID-19 emergency, any
person seeking to hand deliver and physically file or submit any pleading or
other document shall contact the Clerk's Office Document Control Center at
(804) 371-9838 to arrange the delivery.7
(3) Pursuant to 5 VAC 5-20-140, Filing and Service,
of the Commission's Rules of Practice, the Commission directs that service on
parties and the Commission Staff (Staff) in this matter shall be accomplished
by electronic means. Concerning Confidential or Extraordinarily Sensitive
Information, parties and the Staff are instructed to work together to agree
upon the manner in which documents containing such information shall be served
upon one another, to the extent practicable, in an electronically protected
manner, even if such information is unable to be filed in the Office of the
Clerk, so that no party or the Staff is impeded from preparing its case.
(4) As provided by § 12.1-31 of the Code and
5 VAC 5-20-120, Procedure before Hearing Examiners, of the
Commission's Rules of Practice, a Hearing Examiner is appointed to rule on any
discovery matters that may arise during the course of this proceeding,
including any motion for protective order.
(5) On or before July 21, 2020, APCo shall file an original and
fifteen (15) copies of its PIPP filing together with any testimony and exhibits
in support thereof; each witness's testimony shall include a summary not to
exceed one page and shall specify those portions of the PIPP filing that the
witness will sponsor at the hearing. Alternatively, in lieu of prefiled
testimony and exhibits, APCo may file, on or before July 21, 2020, a document
in which APCo: (a) identifies witnesses who will appear and offer testimony in
support of APCo's PIPP filing at the hearing; (b) specifies those portions of
the filing that such witnesses will adopt and support as their testimony at the
hearing; and (c) includes a summary not to exceed one page of each such
witness's testimony. APCo shall serve copies thereof on counsel for all
respondents and the Staff.
(6) An electronic copy of the public version of APCo's PIPP
filing, once filed, may be obtained by downloading unofficial copies of the
public version of the PIPP filing and other documents filed in this case from
the Commission's website: https://scc.virginia.gov/pages/Case-Information.
(7) A public hearing shall be convened at 9:30 a.m. on
October 15, 2020, in the Commission's second floor courtroom located in the
Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, to
receive opening statements, testimony, and evidence offered by APCo,
respondents, and the Staff on APCo's PIPP filing.
(8) A hearing for the receipt of testimony from public
witnesses on APCo's PIPP filing shall be convened telephonically at
9:30 a.m. on October 13, 2020, with no witness present in the Commission's
courtroom.8 The hearing will be conducted according to the following
procedures:
a) To promote fairness for all public witnesses, each witness
will be allotted five minutes to provide testimony.
b) On or before October 8, 2020, any person desiring to offer
testimony as a public witness shall provide to the Commission (a) your name,
and (b) the telephone number that you wish the Commission to call during the
hearing to receive your testimony. This information may be provided to the
Commission in three ways: (i) by filling out a form on the Commission's website
at https://scc.virginia.gov/pages/webcasting; (ii) by completing
and emailing the PDF version of this form to sccinfo@scc.virginia.gov;
or (iii) by calling (804) 371-9141.
c) Beginning at 9:30 a.m. on October 13, 2020, the
Commission will telephone sequentially each person who has signed up to testify
as provided above. This hearing will not be convened, and the parties will be
notified of such, if no person signs up to testify as a public witness.
d) This public witness hearing will be webcast at: https://scc.virginia.gov/pages/webcasting.
(9) On or before October 7, 2020, any interested person may
file comments on the PIPP filing by following the instructions found on the
Commission's website: https://scc.virginia.gov/pages/case-information.
All comments shall refer to Case No. PUR-2020-00117.
(10) On or before August 18, 2020, any person or entity wishing
to participate as a respondent in this proceeding may do so by filing a notice
of participation. Such notice of participation shall include the email
addresses of such parties or their counsel. The respondent simultaneously shall
serve a copy of the notice of participation on counsel to APCo. Pursuant to
Rule 5 VAC 5-20-80 B, Participation as a respondent, of the
Commission's Rules of Practice, any notice of participation shall set forth:
(i) a precise statement of the interest of the respondent; (ii) a
statement of the specific action sought to the extent then known; and
(iii) the factual and legal basis for the action. Any organization,
corporation, or government body participating as a respondent must be represented
by counsel as required by 5 VAC 5-20-30, Counsel, of the Rules of
Practice. All filings shall refer to Case No. PUR-2020-00117.
(11) Within five (5) business days of receipt of a notice of
participation as a respondent, APCo shall serve a copy of the public version of
PIPP filing on the respondent.
(12) On or before September 3, 2020, each respondent may file
with the Clerk of the Commission and serve on the Staff, APCo, and all other
respondents, any testimony and exhibits by which the respondent expects to
establish its case, and each witness's testimony shall include a summary not to
exceed one page. In all filings, respondents shall comply with the Commission's
Rules of Practice, including, but not limited to: 5 VAC 5-20-140, Filing
and service, and 5 VAC 5-20-240, Prepared testimony and exhibits. All
filings shall refer to Case No. PUR-2020-00117.
(13) On or before September 17, 2020, the Staff shall
investigate the PIPP filing and shall file with the Clerk of the Commission an
original and fifteen (15) copies of its testimony and exhibits concerning the
PIPP filing, and each Staff witness's testimony shall include a summary not to
exceed one page. The Staff shall serve a copy thereof on counsel to APCo and
all respondents.
(14) On or before October 1, 2020, APCo shall file with the
Clerk of the Commission any rebuttal testimony and exhibits that it expects to
offer, and each rebuttal witness's testimony shall include a summary not to
exceed one page. APCo shall serve a copy of its rebuttal testimony and exhibits
on the Staff and all respondents.
(15) Any documents filed in paper form with the Office of the
Clerk of the Commission in this docket may use both sides of the paper. In all
other respects, all filings shall comply fully with the requirements of 5 VAC 5-20-150,
Copies and format, of the Commission's Rules of Practice.
(16) The Commission's Rule of Practice
5 VAC 5-20-260, Interrogatories to parties or requests for production
of documents and things, shall be modified for this proceeding as follows: responses and objections to written interrogatories and
requests for production of documents shall be served within seven (7) calendar
days after receipt of the same. In addition to the service requirements of 5 VAC 5-20-260 of the
Rules of Practice, on the day that copies are filed with the Clerk of the
Commission, a copy of the interrogatory or request for production shall be
served electronically on the party to whom the interrogatory or request for
production is directed or the assigned Staff attorney, if the interrogatory or
request for production is directed to the Staff.9 Except as
modified above, discovery shall be in accordance with Part IV of the
Commission's Rules of Practice, 5 VAC 5-20-240 et seq.
(17) This matter is continued.
A COPY hereof shall be sent electronically by the Clerk of the
Commission to all persons on the official Service List in this matter. The
Service List is available from the Clerk of the Commission.
________________________________________
1§ 56-585.6 [effective July 1, 2020]. Universal
service fee; Percentage of Income Payment Program. APCo is a Phase I Utility,
and Dominion is a Phase II Utility. See § 56-585.1 A 1 of the Code of Virginia.
2Act's 12th Enactment: "12. That the State
Corporation Commission shall issue its final order in the Percentage of Income
Payment Program (PIPP) proceeding established pursuant to § 56-585.6 of
the Code of Virginia, as created by this act, by December 31, 2020, provided
that the non-bypassable universal service fee shall not be collected from
customers of a Phase I or a Phase II Utility, as those terms are defined in
subdivision A 1 of § 56-585.1 of the Code of Virginia, as amended by this
act, until such time as the PIPP is established. The Department of Housing and
Community Development and the Department of Social Services shall convene a
stakeholder working group and develop recommendations regarding the
implementation of PIPP. Such recommendations shall allow for a utility to
reimburse the administrative costs of the PIPP, not to exceed $3 million, and
shall be submitted to the Chairs of the House Committee on Labor and Commerce and
the Senate Committee on Commerce and Labor by December 1, 2020."
3Id.
4See, e.g., Executive Order No. 51, Declaration of a
State of Emergency Due to Novel Coronavirus, COVID-19, issued March 12, 2020,
by Gov. Ralph S. Northam. See also, Executive Order No. 53, Temporary
Restrictions on Restaurants, Recreational, Entertainment, Gatherings,
Non-Essential Retail Businesses, and Closure of K-12 Schools Due to Novel
Coronavirus (COVID-19), issued March 23, 2020, by Governor Ralph S. Northam,
and Executive Order No. 55, Temporary Stay At Home Order Due to Novel
Coronavirus (COVID-19), issued March 30, 2020, by Governor Ralph S. Northam.
These and subsequent Executive Orders related to COVID-19 may be found at: https://www.governor.virginia.gov/executive-actions/.
5See, e.g., Commonwealth of Virginia, ex rel. State
Corporation Commission, Ex Parte: Electronic Service of Commission Orders,
Case No. CLK-2020-00004, Doc. Con. Cen. No. 200330035, Order Concerning
Electronic Service of Commission Orders (Mar. 19, 2020), extended by Doc. Con.
Cen. No. 200520105, Order Regarding the State Corporation Commission's Revised
Operating Procedures During COVID-19 Emergency (May 11, 2020); Commonwealth of
Virginia, ex rel., State Corporation Commission, Ex Parte: Revised Operating
Procedures During COVID-19 Emergency, Case No. CLK-2020-00005, Doc. Con. Cen.
No. 200330042, Order Regarding the State Corporation Commission's Revised
Operating Procedures During COVID-19 Emergency (Mar. 19, 2020) (Revised
Operating Procedures Order), extended by Doc. Con. Cen. No. 200520105, Order
Regarding the State Corporation Commission's Revised Operating Procedures During
COVID-19 Emergency (May 11, 2020); Commonwealth of Virginia, ex rel. State
Corporation Commission, Ex Parte: Electronic service among parties during
COVID-19 emergency, Case No. CLK-2020-00007, Doc. Con. Cen. No. 200410009,
Order Requiring Electronic Service (Apr. 1, 2020).
65 VAC 5-20-10 et seq.
7As noted in the Commission's Revised Operating
Procedures Order, submissions to the Commission's Clerk's Office via U.S. mail
or commercial mail equivalents may not be processed for an indefinite period of
time due to the COVID-19 emergency.
8The Commission will convene counsel of record in this
proceeding to attend the public witness hearing via Skype for Business.
9The assigned Staff attorney is identified on the
Commission's website, https://scc.virginia.gov/pages/Case-Information, by clicking "Docket Search," then clicking
"Search by Case Information," and entering the case number, PUR-2020-00117,
in the appropriate box.
STATE WATER CONTROL BOARD
Proposed Consent Special Order for the
Children's Home of the Virginia Baptists
The State Water Control Board proposes to issue a consent
special order to the Children's Home of the Virginia Baptists for alleged
violation of the State Water Control Law at the facility located at
6900 Hickory Road, Petersburg, Virginia. A description of the proposed
action is available at the Department of Environmental Quality office listed or
online at www.deq.virginia.gov. Jeff Reynolds will accept comments by
email at jefferson.reynolds@deq.virginia.gov,
FAX at (804) 527-5106, or postal mail at Department of Environmental Quality,
Piedmont Regional Office (Enforcement), 4949-A Cox Road, Glen Allen, VA 23060,
until August 6, 2020.
Proposed Enforcement Action for Le
Suraj Inc.
An enforcement action has been proposed for Le Suraj Inc. for
violations of the State Water Control Law in Belle Haven, Virginia. A
description of the proposed action is available at the Department of
Environmental Quality office listed or online at www.deq.virginia.gov.
Russell Deppe will accept comments by email at russell.deppe@deq.virginia.gov,
FAX at (757) 518-2009, or postal mail at Department of Environmental Quality,
Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462,
from July 6, 2020, to August 6, 2020.
Proposed Enforcement Action for Riggins Company L.C. Hampton
An enforcement action has been proposed for Riggins Company
L.C. Hampton, for violations of State Water Control Law. A description of the
proposed action is available at the Department of Environmental Quality office
listed or online at www.deq.virginia.gov. John Brandt will
accept comments by email at john.brandt@deq.virginia.gov, FAX at
(757) 518-2009, or postal mail at Department of Environmental Quality,
Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA 23462,
from July 6, 2020, to August 5, 2020.
Proposed Consent Special Order for San-J International Inc.
The State Water Control Board proposes to issue a consent
special order to San-J International Inc. for alleged violation of the State
Water Control Law at 2880 Sprouse Drive, Henrico, Virginia 23231. A description
of the proposed action is available at the Department of Environmental Quality
office listed or online at www.deq.virginia.gov. Aree Reinhardt
will accept comments by email at aree.reinhardt@deq.virginia.gov, FAX at (804) 527-5106, or
postal mail at Department of Environmental Quality, Piedmont Regional Office
(Enforcement), 4949-A Cox Road, Glen Allen, VA 23060, from July 6, 2020,
to August 7, 2020.
Proposed Enforcement Action for Titan Virginia Ready-Mix LLC
An enforcement action has been proposed for Titan Virginia
Ready-Mix LLC for violations of the State Water Control Law at the Titan
Sterling Ready-Mix Concrete Plant facility located in Loudoun County, Virginia.
A description of the proposed action is available at the Department of
Environmental Quality office listed or online at http://www.deq.virginia.gov/Programs/Enforcement/PublicNotices.
Jim Datko will accept comments by email at james.datko@deq.virginia.gov
or postal mail at Department of Environmental Quality, Northern Regional
Office, 13901 Crown Court, Woodbridge, VA 22193, from July 7, 2020, through
August 6, 2020.
VIRGINIA CODE COMMISSION
Notice to State Agencies
Contact Information: Mailing Address: Virginia
Code Commission, Pocahontas Building, 900 East Main Street, 8th Floor,
Richmond, VA 23219; Telephone: (804) 698-1810; Email: varegs@dls.virginia.gov.
Meeting Notices: Section 2.2-3707 C of the Code of
Virginia requires state agencies to post meeting notices on their websites and
on the Commonwealth Calendar at https://commonwealthcalendar.virginia.gov.
Cumulative Table of Virginia Administrative Code Sections
Adopted, Amended, or Repealed: A table listing regulation sections that
have been amended, added, or repealed in the Virginia Register of
Regulations since the regulations were originally published or last
supplemented in the print version of the Virginia Administrative Code is
available at http://register.dls.virginia.gov/documents
/cumultab.pdf.
Filing Material for Publication in the Virginia Register
of Regulations: Agencies use the Regulation Information System (RIS) to
file regulations and related items for publication in the Virginia Register
of Regulations. The Registrar's office works closely with the Department of
Planning and Budget (DPB) to coordinate the system with the Virginia Regulatory
Town Hall. RIS and Town Hall complement and enhance one another by sharing pertinent
regulatory information.