TITLE 5. CORPORATIONS

STATE CORPORATION COMMISSION

Proposed Regulation

Title of Regulation: 5VAC5-20. State Corporation Commission Rules of Practice and Procedure (amending 5VAC5-20-20, 5VAC5-20-140, 5VAC5-20-150, 5VAC5-20-170, 5VAC5-20-180, 5VAC5-20-200).

Statutory Authority: §§ 12.1-13 and 12.1-25 of the Code of Virginia.

Public Hearing Information: A public hearing will be held upon request.

Public Comment Deadline: June 17, 2026.

Agency Contact: Bernard Logan, Clerk of the Commission, Clerk's Office, State Corporation Commission, 1300 East Main Street, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9834, or email bernard.logan@scc.virginia.gov.

Summary:

The proposed amendments include (i) generally expanding the scope of electronic filing and service in commission proceedings; (ii) allowing confidential and extraordinarily sensitive information to be filed electronically in commission proceedings and providing requirements for the submission, marking, and use of such filings; and (iii) technical changes to facilitate the changes regarding electronic filing.

AT RICHMOND, APRIL 20, 2026

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. CLK-2026-00004

Ex Parte: In the matter concerning revised

State Corporation Commission Rules of

Practice and Procedure

ORDER ESTABLISHING PROCEEDING

Section 12.1-13 of the Code of Virginia (Code) provides, in relevant part, that "[i]n the administration and enforcement of all laws within its jurisdiction, the [State Corporation Commission (Commission)] shall have the power to promulgate rules and regulations[.]" Section 12.1-25 of the Code provides that the Commission "shall prescribe its own rules of practice and procedure not inconsistent with those made by the General Assembly." The Rules of Practice and Procedure (Rules) issued by the Commission pursuant to § 12.1-25 of the Code are set forth in Chapter 20 of Title 5 of the Virginia Administrative Code.¹

The Clerk of the Commission (Clerk) has submitted to the Commission proposed amendments to the Rules. Specifically, and in addition to certain technical changes, the Clerk proposes amending the Rules to foster broader electronic filing and service in Commission proceedings. These amendments are proposed in conjunction with the Commission's implementation of a new Case System in early 2027 that will include enhanced capabilities for electronic filing and service.

Currently, the Rules generally permit electronic filing in Commission proceedings under Rule 20, subject to specific conditions. Similarly, the Rules permit electronic service on parties or Commission Staff under Rule 140, as well as electronic filing or service of written briefs under Rule 200, subject to specific conditions. The current Rules (including Rule 170 concerning confidential information), however, do not allow electronic submission of documents containing unredacted confidential information.

The new Case System has been designed to streamline the electronic filing and service processes for filers. Accordingly, the Clerk, with assistance of Commission Staff, has prepared proposed revisions to the Rules based on the increased capability for electronic filing and service under the new Case System. The proposed revisions to Rules 20 and 140 expand the scope for when electronic filing is permitted in general and when electronic filing and service are permitted in formal proceedings before the Commission. Additionally, proposed revisions to Rule 170 allow documents containing confidential information to be submitted electronically and provide guidance for the submission, marking, and use of confidential information when filed electronically, including for confidential information deemed "extraordinarily sensitive information." The proposed revisions also include technical revisions to Rules 150, 180 and 200 associated with the Commission's new Case System.

The Clerk has recommended to the Commission that the proposed revisions to the Rules be considered for adoption, with an effective date to coincide with the implementation of the new Case System in 2027.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds that a proceeding should be established to consider revising the Rules to facilitate the Commission's new Case System. To initiate this proceeding, the Clerk has prepared the proposed revisions, which are appended to this Order Establishing Proceeding (Order). The Commission finds that notice of the proposed revisions should be given to the public, and that interested persons should be provided an opportunity to file written comments on, propose modifications or supplements to, or request a hearing on the proposed revisions.

Accordingly, IT IS ORDERED THAT:

(1) This case is docketed and assigned Case No. CLK-2026-00004.

(2) All comments and other documents and pleadings filed in this matter shall be submitted electronically to the extent authorized by 5VAC5-20-150, Copies and format, of the Commission's Rules. Confidential and Extraordinarily Sensitive Information shall not be submitted electronically and shall comply with 5VAC5-20-170, Confidential information, of the current Rules. 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.

(3) On or before June 17, 2026, any interested person may comment on, propose modifications or supplements to, or request a hearing solely on the proposed revisions by following the instructions on the Commission's website: scc.virginia.gov/case-information/submit-public-comments. Those unable, as a practical matter, to submit such documents electronically may file such comments by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All documents shall refer to Case No. CLK-2026-00004. Any request for hearing shall state why a hearing is necessary and why the issues raised in the request for hearing cannot be addressed adequately in written comments.

(4) The Commission Staff, with the Clerk, shall file its response to any comments filed pursuant to Ordering Paragraph 3 on or before July 17, 2026.

(5) If a sufficient request for hearing is not received, the Commission may consider the matter and enter an order based upon the comments, documents or other pleadings filed in this proceeding.

(6) On May 21, 2026, commencing at 10:00 a.m., the Commission shall convene a public presentation in this matter in the Commission's courtroom, Second Floor, Tyler Building, 1300 East Main Street, Richmond, Virginia 23219. The Clerk of the Commission shall coordinate the presentation, which will demonstrate preliminary design and planned functionality of the Commission's new Case System that is anticipated to utilize enhanced electronic filing processes, as set forth in the proposed revisions. The presentation also shall be webcast for viewing online by the public and accessible via the Commission's website: scc.virginia.gov/case-information/webcasting.

(7) The Clerk, with assistance of Commission Staff, shall provide notice of this Order to any interested persons as the Commission Staff may designate.

(8) The Commission's Office of General Counsel shall provide a copy of this Order, together with the proposed revisions, to the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations.

(9) Interested persons may download unofficial copies of the Order and the proposed revisions from the Commission's website: scc.virginia.gov/case-information.

(10) This matter is continued.

A COPY hereof shall be sent by the Clerk of the Commission to: John Farmer, Jr., Senior Assistant Attorney General, at JFarmer@oag.state.va.us, Office of the Attorney General, Division of Consumer Counsel, 202 N. 9th Street, 8th Floor, Richmond, Virginia 23219-3424; and the Commission's Office of General Counsel.

_____________________________

¹ 5VAC5-20-10 et seq. State Corporation Commission Rules of Practice and Procedure (available at https://law.lis.virginia.gov/admincode/title5/agency5/ chapter20/).

5VAC5-20-20. Good faith pleading and practice.

Every pleading, written motion, or other document presented for filing by a party represented by an attorney shall be signed by at least one attorney of record in the attorney's individual name, and the attorney's mailing address and, telephone number, and where available, telefax number and email address, shall be stated. An individual not represented by an attorney shall sign the individual's pleading, motion, or other document, and shall state the individual's mailing address and, telephone number, and email address. A partnership not represented by an attorney shall have a partner sign the partnership's pleading, motion, or other document, and shall state the partnership's mailing address and, telephone number, and email address. A nonlawyer may only represent the interests of another before the commission in the presentation of facts, figures, or factual conclusions, as distinguished from legal arguments or conclusions. In the case of an individual or entity not represented by counsel, each signature shall be that of the individual or a qualified officer or agent of the entity. Documents signed pursuant to this rule need not be under oath unless so required by statute.

The commission allows prefers and encourages electronic filing. Before filing electronically, the filer shall complete establish an account as a registered user of the commission's Case System by completing an electronic document filing authorization registration form, establish a filer establishing multi-factor authentication password with the Clerk of the State Corporation Commission, and otherwise comply complying with the electronic filing procedures adopted registered user account requirements as directed by the commission. Upon establishment of a filer authentication password registered user account, a filer registered user may, among other things, make electronic filings in any case. All documents submitted electronically must be capable of being printed as paper documents without loss of content or appearance cases to which the registered user is associated.

Any filing made pursuant to this chapter through a person's registered user account, along with the person's name on the signature block, constitutes a "signature." The signature of an attorney or party constitutes a certification that (i) the attorney or party has read the pleading, motion, or other document; (ii) to the best of the attorney's or party's knowledge, information, and belief formed after reasonable inquiry, the pleading, motion, or other document is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and (iii) the pleading, motion, or other document is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. A pleading, written motion, or other document will not be accepted for filing by the Clerk of the Commission if it is not signed.

An oral motion made by an attorney or party in a commission proceeding constitutes a representation that the motion (i) is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and (ii) is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

5VAC5-20-140. Filing and service.

A pleading or other document shall be considered filed with the commission upon receipt of the original and required copies by the Clerk of the Commission no later than the time established for the closing of business of the clerk's office on the day the item is due. The original and copies shall be stamped by the Clerk clerk to show the time and date of receipt.

Electronic filings may be submitted at any time and will be deemed filed on the date and at the time the electronic document is received by the commission's database; clerk's office, provided, that if a document is received when the clerk's office is not open for public business, the document shall be deemed filed on the next regular business day. A filer will receive an electronic notification identifying the date and time the document was received by the commission's database. An electronic document may be rejected if it is not submitted in compliance with these rules this chapter.

When a filing would otherwise be due on a day when the clerk's office is not open for public business during all or part of a business day, the filing will be timely if made on the next regular business day that the office is open to the public. Except as otherwise ordered by the commission, when a period of 15 days or fewer is permitted to make a filing or take other action pursuant to commission rule or order, intervening weekends or holidays shall not be counted in determining the due date.

Service Unless otherwise ordered by the commission, service of a pleading, brief, or other document filed with the commission required to be served on the parties to a proceeding or upon the commission staff, shall be effected by delivery of a true copy to the party or staff, or by deposit of a true copy into the United States mail or overnight express mail delivery service properly addressed and postage prepaid, or via hand-delivery, or by electronic service on or before the date of filing. Service on a party may be made by service on the party's counsel. Alternatively, electronic service shall be permitted on parties or staff in cases where all parties and staff have agreed to such service, or where the commission has provided for such service by order. At the foot of a formal pleading, brief, or other document required to be served, the party making service shall append a certificate of counsel of record that copies were mailed or delivered as required. Notices, findings of fact, opinions, decisions, orders, or other documents to be served by the commission may be served by United States mail. However, all writs, processes, and orders of the commission, when acting in conformity with § 12.1-27 of the Code of Virginia, shall be attested by the Clerk of the Commission and served in compliance with § 12.1-19.1 or 12.1-29 of the Code of Virginia.

5VAC5-20-150. Copies and format.

Applications, petitions, motions, responsive pleadings, briefs, and other documents filed by parties must be filed in an original and 15 copies unless otherwise directed by the commission. Except as otherwise stated in these rules this chapter, submissions filed electronically are exempt from the copy requirement. One copy of each responsive pleading or brief must be served on each party and the commission staff counsel assigned to the matter, or, if no counsel has been assigned, on the general counsel.

Each document filed on paper must be filed on standard size white opaque paper, 8-1/2 by 11 inches in dimension, must be capable of being reproduced in copies of archival quality, and only one side of the paper may be used. Submissions filed electronically shall be made in portable document format (PDF). Parties and commission staff may provide versions of these electronically filed documents using other formats as specified by the commission, such as Microsoft Word or Microsoft Excel.

Each document shall be bound or attached on the left side and contain adequate margins. Each page following the first page shall be numbered. If necessary, a document may be filed in consecutively numbered volumes, each of which may not exceed three inches in thickness. Submissions filed electronically may not exceed 100 pages of printed text of 8-1/2 by 11 inches must meet formatting requirements as established by the Clerk of the Commission at the time of the submission and made available on the commission's website.

Each document containing more than one exhibit should have dividers separating each exhibit and should contain an index. Exhibits such as maps, plats, and photographs not easily reduced to standard size may be filed in a different size, as necessary. Submissions filed electronically that otherwise would incorporate large exhibits impractical for conversion to electronic format shall be identified in the filing and include a statement that the exhibit was filed in hardcopy and is available for viewing at the commission or that a copy may be obtained from the filing party. Such exhibit shall be filed in an original and 15 copies.

All filed documents shall be fully collated and assembled into complete and proper sets ready for distribution and use, without the need for further assembly, sorting, or rearrangement. The Clerk of the Commission may reject the filing of any document not conforming to the requirements of this rule.

5VAC5-20-170. Confidential information.

A person who proposes in good faith in a formal proceeding that information to be filed with or delivered to the commission be withheld from public disclosure on the ground that it contains trade secrets, privileged, or confidential commercial or financial information shall file this information under seal with both the Clerk of the Commission, or otherwise deliver the information under seal to (clerk) and the commission staff, or both, as may be required. Items filed or delivered under seal electronically shall indicate on the accompanying filing intake form that the item is "Filed Under Seal" and provide the applicable security classification. Whenever a document is filed with the clerk under seal electronically, the filing party shall also file electronically with the clerk an expurgated or redacted version of the document filed under seal for use and review by the public.

Items filed or delivered under seal, if not filed electronically, shall be securely sealed in an opaque container that is clearly labeled "UNDER SEAL," and, if filed, shall meet the other requirements for filing contained in these rules this chapter. An original and 15 copies of all such information shall be filed with the clerk. One If not filed electronically, one additional copy of all such information shall also be delivered under seal to the commission staff counsel assigned to the matter, or, where no counsel has been assigned, to the general counsel who, until ordered otherwise by the commission, shall disclose the information only to the members of the commission staff directly assigned to the matter as necessary in the discharge of their duties. Whenever a document is filed with the clerk under seal, if not filed electronically, the filing party also shall file with the clerk an original and one copy of an expurgated or redacted version of the document filed under seal for use and review by the public.

Staff counsel and all members of the commission staff, until otherwise ordered by the commission, shall maintain the information in strict confidence and shall not disclose its contents to members of the public, or to other staff members not assigned to the matter. The commission staff or any party may object to the proposed withholding of the information.

When an application (including supporting documents and prefiled testimony) contains information that the applicant claims to be confidential, the filing shall be made under seal and accompanied by a motion for protective order or ruling or other confidential treatment. The provision to a party of information claimed to be trade secrets, privileged, or confidential commercial or financial information shall be governed by a protective order or ruling or other individual arrangements for confidential treatment.

On every document filed or delivered under seal, either electronically or in hard copy, the producing party shall mark each individual page of the document that contains confidential information, and on each such page shall clearly indicate the specific information requested to be treated as confidential by use of highlighting, underscoring, bracketing, or other appropriate marking. All remaining materials on each page of the document shall be treated as nonconfidential and available for public use and review. If an entire document is confidential, or if all information provided in electronic format under Part IV (5VAC5-20-240 et seq.) of these rules is confidential, a marking prominently displayed on the first page of such document or at the beginning of any information provided in electronic format, indicating that the entire document is confidential shall suffice.

Upon challenge, the information shall be treated as confidential pursuant to these rules this chapter only where the party requesting confidential treatment can demonstrate to the satisfaction of the commission that the risk of harm of publicly disclosing the information outweighs the presumption in favor of public disclosure. If the commission determines that the information should be withheld from public disclosure, it may nevertheless require the information to be disclosed to parties to a proceeding under appropriate protective order or ruling.

Whenever a document is filed with the clerk under seal, an original and one copy of an expurgated or redacted version of the document deemed by the filing party or determined by the commission to be confidential shall be filed with the clerk for use and review by the public. A document containing confidential information shall not be submitted electronically. An expurgated or redacted version of the document may be filed electronically. Documents containing confidential information must be filed in hardcopy and in accordance with all requirements of these rules. Upon a determination by the commission or a hearing examiner that all or portions of any materials filed under seal are not entitled to confidential treatment, if filed electronically, the filing party shall file one original and one copy of the expurgated or redacted version of the document reflecting the ruling. If not filed electronically, the filing party shall file one original and one copy of the expurgated or redacted version of the document reflecting the ruling.

When the information at issue is not required to be filed or made a part of the record, a party who wishes to withhold confidential information from filing or production may move the commission for a protective order without filing the materials. In considering such a motion, the commission may require production of the confidential materials for inspection in camera, if necessary.

A party may request additional protection for extraordinarily sensitive information by motion filed pursuant to 5VAC5-20-110, and filing, either electronically or in hard copy, the information with the Clerk of the Commission clerk under seal and, if not filed electronically, delivering a copy of the information to commission staff counsel under seal as directed above in this section. Whenever such treatment has been requested under Part IV of these rules this chapter, the commission may make such orders as necessary to permit parties to challenge the requested additional protection.

The commission, hearing examiners, any party, and the commission staff may make use of confidential material in orders, filing pleadings, testimony, or other documents, as directed by order of the commission. When a party or commission staff uses confidential material in a filed pleading, testimony, or other document, the party or commission staff must file both confidential and nonconfidential versions of the pleading, testimony, or other document. Confidential versions of filed pleadings, testimony, or other documents shall clearly indicate the confidential material contained within by highlighting, underscoring, bracketing or other appropriate marking. When filing a confidential pleadings pleading, testimony, or other documents, parties the party or commission staff must submit the a confidential version and a nonconfidential version of the filed pleading, testimony, or other document that shall expurgate, redact, or otherwise omit all references to confidential material. If not filed electronically, the party or commission staff must submit the confidential version of the pleading, testimony, or other document to the Clerk of the Commission clerk securely sealed in an opaque container that is clearly labeled "UNDER SEAL." Nonconfidential versions of filed pleadings, testimony, or other documents shall expurgate, redact, or otherwise omit all references to confidential material.

The commission may issue such order as it deems necessary to prevent the use of confidentiality claims for the purpose of delay or obstruction of the proceeding.

A person who proposes in good faith that information to be delivered to the commission staff outside of a formal proceeding be withheld from public disclosure on the ground that it contains trade secrets, privileged, or confidential commercial or financial information may deliver the information under seal to the commission staff, subject to the same protections afforded confidential information in formal proceedings.

5VAC5-20-180. Official transcript of hearing.

The official transcript of a hearing before the commission or a hearing examiner shall be that prepared by the court reporters retained by the commission and certified by the court reporter as a true and correct transcript of the proceeding. Transcripts of proceedings shall not be prepared except in cases assigned to a hearing examiner, when directed by the commission, or when requested by a party desiring to purchase a copy. Parties desiring to purchase expedited copies of the transcript shall make arrangement for purchase with the court reporter. When a transcript is prepared, a copy thereof of the transcript shall be made available for the public inspection in the clerk's office. If the transcript includes confidential information, an expurgated or redacted version of the transcript shall be made available for the public inspection in the clerk's office. Only the parties who have executed an agreement to adhere to a protective order or ruling or other arrangement for access to confidential treatment in such proceeding and the commission staff shall be entitled to access to an unexpurgated or unredacted version of the transcript. By agreement of the parties, or as the commission may by order provide, corrections may be made to the transcript.

5VAC5-20-200. Briefs.

Written briefs may be authorized at the discretion of the commission, except in proceedings under 5VAC5-20-100 A, where briefs may be filed by right. The time for filing briefs and reply briefs, if authorized, shall be set at the time they are authorized. The commission may limit the length of a brief. The commission may by order provide for the electronic filing or service of briefs.