STATE CORPORATION COMMISSION

AT RICHMOND, JULY 23, 2021

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUR-2020-00125

Ex Parte: In the matter of establishing regulations

for a shared solar program pursuant to

§ 56-594.3 of the Code of Virginia

ORDER FOR NOTICE AND HEARING

During its 2020 Session, the Virginia General Assembly enacted Chapters 1238 (HB 1634) and 1264 (SB 629) of the 2020 Virginia Acts of Assembly. These Acts of Assembly amend the Code of Virginia ("Code") by adding a section numbered 56-594.3, effective July 1, 2020. Code § 56-594.3 requires that by January 1, 2021, the State Corporation Commission ("Commission") establish by regulation a program affording customers of Virginia Electric and Power Company d/b/a Dominion Energy Virginia ("Dominion") the opportunity to participate in a shared solar program ("Shared Solar Program" or "Program").¹ Pursuant to Code § 56-594.3 E, the Commission must approve a Shared Solar Program of 150 megawatts with a minimum requirement of 30 percent low-income customers as defined in Code § 56%u2011594.3 A. Also under the Program, each subscriber will pay a minimum bill to Dominion and receive a bill credit based on the subscriber's customer class.² The Commission must establish the minimum bill, which may be modified over time, and must set the bill credit rate annually.³ Dominion must file any tariffs, agreements, or forms necessary to implement the Program within 60 days of its full implementation of a new customer information platform or by July 1, 2023, whichever occurs first.⁴

On December 23, 2020, the Commission issued its Order Adopting Rules in this docket, in which the Commission adopted the Rules Governing Shared Solar Program, 20 VAC 5-340-10 et seq. ("Rules").⁵ Among other things, the Order Adopting Rules also established a stakeholder working group ("Working Group") to develop methods for low-income verification, methods for measuring low-income participation, and the standardized disclosure forms to be adopted by the Commission pursuant to Code § 56-594.3 F 8 for the Shared Solar Program.⁶ The Order Adopting Rules also required Dominion to file a minimum bill proposal ("Proposal") in this docket.⁷ Further, the Order Adopting Rules noted that, pursuant to 20 VAC 5-340-80, the Commission would convene a proceeding to consider any monthly administrative charge and the components of the minimum bill to be applied by Dominion pursuant to the Rules.⁸

Working Group

The Working Group, including multiple interested persons, the Virginia Department of Mines, Minerals, and Energy ("DMME"), and Commission Staff ("Staff") met multiple times as a whole and in focus groups to carry out the tasks directed by the Order Adopting Rules. On April 22, 2021, the Staff filed its Staff Update in this docket, which contained the Low Income Stakeholder Working Group Report on the Virginia Shared Solar and Multi-Family Shared Solar Programs⁹ (2020-2021) ("Working Group Report"). Among other things, the Working Group Report included standardized consumer disclosure forms and an update on discussions regarding methods for low-income verification and methods to measure low-income participation, as directed by the Order Adopting Rules.

Minimum Bill Proposal

Dominion filed its Proposal on March 1, 2021, as directed.¹⁰ Comments on the Proposal were filed by the Coalition for Community Solar Access ("CCSA") together with the Chesapeake Solar & Storage Association ("CHESSA"); DMME; Senator Scott A. Surovell and Delegate Jay Jones ("Legislator Commenters"); and Mr. Jay Epstein. In addition to their comments, CCSA and CHESSA together with other entities,¹¹ DMME, and the Legislator Commenters requested an evidentiary hearing. The Staff filed a reply to the Proposal on May 14, 2021, and on May 21, 2021, Dominion filed a reply in which it supported the requests for an evidentiary hearing on the Proposal.

Motion on Bill Credit Rate

On April 20, 2021, CCSA, together with CHESSA, moved the Commission to enter an order clarifying the bill credit rate for both the multi-family shared solar program and the Shared Solar Program ("CCSA-CHESSA Motion"). CCSA and CHESSA requested that the Commission enter an order: (1) adopting 2021 applicable bill credit rates for each customer class (residential, commercial, and industrial) for the multi-family shared solar program based on the most recent posted U.S. Energy Information Administration ("EIA") data; and (2) confirming that the same EIA data and calculation methodology will be used to determine the applicable bill credit rates for both the multi-family shared solar program and the Shared Solar Program.¹²

On May 10, 2021, Dominion filed its response to the CCSA-CHESSA Motion. Dominion stated that it did not disagree with using EIA data to calculate the Shared Solar Program bill credit rate but argued that "before the statutory formula can be applied, taxes must be removed from the revenue totals, because these tax payments are passed through to the respective governmental entities to whom they belong, and are not Company revenue."¹³ On May 24, 2021, CCSA and CHESSA filed a reply in which they continued to advocate for the use of EIA data without Dominion's proposed removal of taxes from the revenue totals.

Motion for Extension of Time

On June 7, 2021, Dominion filed a motion seeking an extension of time, until August 1, 2021, to file with the Commission and post to its website materials for project registration, as required by the Order Adopting Rules ("Dominion Motion"). The Commission provided an opportunity for responses and replies to the Dominion Motion; none were received.

NOW THE COMMISSION, having considered this matter, is of the opinion and finds as follows.

Minimum Bill and Bill Credit Rate

Code § 56-594.3 A defines "Bill credit" as "the monetary value of the electricity, in kilowatt-hours, generated by the shared solar facility allocated to a subscriber to offset that subscriber's electricity bill." Code § 56-594.3 B provides that:

[A] utility shall provide a bill credit for the proportional output of a shared solar facility attributable to that subscriber. . . .

1. The value of the bill credit for the subscriber shall be calculated by multiplying the subscriber's portion of the kilowatt-hour electricity production from the shared solar facility by the applicable bill credit rate for the subscriber.

Code § 56-594.3 D provides that:

The Commission shall establish a minimum bill, which shall include the costs of all utility infrastructure and services used to provide electric service and administrative costs of the shared solar program. The Commission may modify the minimum bill over time. In establishing the minimum bill, the Commission shall (i) consider further costs the Commission deems relevant to ensure subscribing customers pay a fair share of the costs of providing electric services and (ii) minimize the costs shifted to customers not in a shared solar program. Low-income customers shall be exempt from the minimum bill.

We agree with the commenters in this proceeding who have requested that we schedule a public hearing in this docket to establish the minimum bill for Dominion. Further, since the Order Adopting Rules provided that the Commission shall establish the annual bill credit rate for the subscriber's rate class but did not specify the methodology for establishing the bill credit rate, we find that the hearing we set herein should also consider the methodology to be used to establish the bill credit rate, and the resulting bill credit for each customer class produced by this methodology, for the Shared Solar Program.¹⁴

Working Group Issues

Code § 56-594.3 F 8 requires that the Commission "[a]dopt standardized consumer disclosure forms." The Working Group Report included proposed disclosure forms for the multi-family shared solar program and the Shared Solar Program. Pursuant to Code § 56-594.3 F 8, we will adopt the consumer disclosure form provided in the Working Group Report, which is attached to this order.

The Order Adopting Rules also directed the Working Group to "address the components of low-income subscription plans."¹⁵ The Rules define "Low-income subscription plan" as "a plan submitted to the [C]ommission by an applicant providing a commitment for low-income subscription and demonstrating the ability to subscribe low-income customers."¹⁶ Additionally, the Rules define a "Low-income customer" as "any person or household whose income is no more than 80% of the median income of the locality in which the customer resides. The median income of the locality is determined by the U.S. Department of Housing and Urban Development."¹⁷

The Working Group Report included a proposed low-income subscription plan form to be submitted by applicants seeking to offer low-income subscriptions. We will adopt the low-income subscription plan form provided in the Working Group Report, which is attached to this order.

Code § 56-594.3 E provides that:

The Commission shall approve a shared solar facility program of 150 megawatts with a minimum requirement of 30 percent low-income customers. The Commission shall approve an additional 50 megawatts of capacity upon determining that at least 45 megawatts of the aggregated shared solar capacity in the Commonwealth have been subscribed to by low-income customers. Subscriber organizations shall be allowed to demonstrate compliance with the low income requirement using either project capacity or project savings methodology. The Commission, in collaboration with [DMME], may adopt mechanisms to ensure low-income customer participation.

The Order Adopting Rules directed the Working Group to meet and address low-income eligibility and verification methods for the Shared Solar Program.¹⁸ The Working Group Report proposed a menu of options for subscriber organizations to verify low-income eligibility and requested the opportunity to continue to meet and provide recommendations on the following topics: (1) use of low-income census tracts to verify eligibility; (2) interplay between the Shared Solar and the Percentage of Income Payment Program ("PIPP");¹⁹ (3) guidance regarding participation in other income-based programs to verify eligibility; and (4) development and use of a self-attestation form for verifying eligibility.²⁰

We agree that additional meetings of the Working Group would be useful to further develop guidance and provide information on the topics listed above. We direct the Staff to convene additional meetings of the Working Group and to provide a Staff Update on these meetings, including any proposals for Commission action, no later than September 30, 2021.

In setting the hearing and ordering the additional procedures discussed herein, the Commission takes judicial notice of the ongoing public health concern related to the spread of the coronavirus, or COVID-19. The Commission has taken certain actions, and may take additional actions going forward, that could impact the procedures in this proceeding.²¹ 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 they contain confidential information, and require electronic service on parties to this proceeding.

Accordingly, IT IS ORDERED THAT:

(1) As provided by § 12.1-31 of the Code and Rule 5 VAC 5-20-120, Procedure before hearing examiners, of the Commission's Rules of Practice, a Hearing Examiner is appointed to conduct all further proceedings in this matter on behalf of the Commission.

(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").²² Confidential and Extraordinarily Sensitive information shall not be submitted electronically and should comply with 5 VAC 5-20-170, Confidential information, of the Rules of Practice. At this time, 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.²³

(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 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) A public hearing shall be convened at 10 a.m. on November 3, 2021, to receive the testimony of public witnesses and the evidence of the Company, any respondents, and the Staff on Dominion's Proposal and the bill credit rate to be adopted in this proceeding. This hearing will be held either in the Commission's second floor courtroom located in the Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, or by electronic means. Further details on this hearing will be provided by subsequent Commission Order or Hearing Examiner's Ruling that, upon issuance, will be available on the Commission's website at scc.virginia.gov/pages/Case-Information by searching for Case No. PUR-2020-00125.

(5) An electronic copy of the Company's Proposal may be obtained by submitting a written request to counsel for the Company, Timothy D. Patterson, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219, or tpatterson@mcguirewoods.com. Interested persons also may download unofficial copies of all documents filed in this docket, including the Proposal, the CCSA-CHESSA Motion, Dominion's May 10, 2021 response to the CCSA-CHESSA Motion, and CCSA-CHESSA's May 24, 2021 reply, from the Commission's website: scc.virginia.gov/pages/Case-Information.

(6) The Clerk of the Commission is directed to provide a copy of this Order for Notice and Hearing to all persons who have submitted comments in this docket.

(7) Within five (5) business days of issuance of this Order for Notice and Hearing, the Staff shall transmit electronically a copy of this Order for Notice and Hearing to any persons or entities identified by the Staff as potentially having an interest in this matter. The Staff shall promptly file with the Clerk of the Commission a certificate of transmission and include a list of names of the persons and entities to whom the Order for Notice and Hearing was transmitted.

(8) On or before August 18, 2020, Dominion shall cause the following notice to be published as display advertising (not classified) on one (1) occasion in newspapers of general circulation throughout the Company's service territory within Virginia:

NOTICE TO THE PUBLIC OF A HEARING ON
VIRGINIA ELECTRIC AND POWER COMPANY'S
SHARED SOLAR PROGRAM MINIMUM BILL PROPOSAL
AND ON THE PROGRAM'S BILL CREDIT RATE
CASE NO. PUR-2020-00125

Section 56-594.3 of the Code of Virginia requires the State Corporation Commission ("Commission") to establish a program that affords customers of Virginia Electric and Power Company ("Dominion") the opportunity to participate in shared solar projects ("Shared Solar Program" or "Program"). Under the Program, each Dominion customer that is a subscriber to a shared solar facility will pay a minimum bill to Dominion and receive a bill credit, based on the subscriber's customer class (residential, commercial, or industrial), for the proportional output of the facility attributable to that customer.

The Commission issued an Order for Notice and Hearing in this case. Among other things, the Order for Notice and Hearing scheduled a hearing to consider Dominion's minimum bill proposal ("Minimum Bill Proposal"), filed in this docket on March 1 and April 1, 2021, and to establish the bill credit rate.

Interested persons are encouraged to review the documents in this case for details on Dominion's Minimum Bill Proposal and on the bill credit rate, in particular Dominion's March 1 and April 1 filings in this docket on the Minimum Bill Proposal; the April 20, 2021 Motion for Clarification of the Bill Credit Rates for the Multi-Family Shared Solar Program and the Shared Solar Program filed by the Coalition for Community Solar Access together with the Chesapeake Solar and Storage Association ("CCSA-CHESSA")("Motion"); Dominion's May 10, 2021 response to the Motion; and CCSA-CHESSA's May 24, 2021 reply. (The Motion, Dominion's May 10, 2021 response to the Motion; and CCSA-CHESSA's May 24, 2021 reply collectively are referred to as the "Bill Credit Pleadings.")

Interested persons may download unofficial copies of all documents filed in this docket, including the Minimum Bill Proposal and the Bill Credit Pleadings, from the Commission's website: scc.virginia.gov/pages/Case-Information. An electronic copy of the Company's Minimum Bill Proposal also may be obtained by submitting a written request to counsel for Dominion, Timothy D. Patterson, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219, or tpatterson@mcguirewoods.com.

TAKE NOTICE that the Commission may set the bill credit rate and the minimum bill in a manner differing from that proposed in the Bill Credit Pleadings and the Minimum Bill Proposal.

A public hearing shall be convened on November 3, 2021, at 10 a.m., to receive the testimony of public witnesses and the evidence of the Company, any respondents, and the Commission's Staff on the Minimum Bill Proposal and the bill credit rate. Further details on the hearing will be provided by subsequent Commission Order or Hearing Examiner's Ruling that, upon issuance, will be available on the Commission's website at scc.virginia.gov/pages/Case-Information by searching for Case No. PUR-2020-00125.

The Commission further takes judicial notice of the ongoing public health concern related to the spread of the coronavirus, or COVID-19. In accordance therewith, all pleadings, briefs, or other documents required to be served in this matter should be submitted electronically to the extent authorized by 5 VAC 5-20-150, Copies and format, of the Commission's Rules of Practice and Procedure ("Rules of Practice"). Confidential and Extraordinarily Sensitive information shall not be submitted electronically and should comply with 5 VAC 5-20-170, Confidential information, of the Rules of Practice. At this time, 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.

Pursuant to 5 VAC 5-20-140, Filing and service, of the Rules of Practice, the Commission has directed that service on parties and the Commission's Staff in this matter shall be accomplished by electronic means. Refer to the Commission's Order for Notice and Hearing for further instructions concerning Confidential or Extraordinarily Sensitive Information.

On or before October 27, 2021, any interested person may file comments on the Minimum Bill Proposal and the bill credit rate by following the instructions found on the Commission's website: scc.virginia.gov/casecomments/Submit-Public-Comments. Those unable to submit comments 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 comments shall refer to Case No. PUR-2020-00125.

On or before September 15, 2021, any person or entity wishing to participate as a respondent in this proceeding may do so by filing a notice of participation with the Clerk of the Commission at scc.virginia.gov/clk/efiling. Those unable to submit a notice of participation electronically may submit such notice by U.S. mail to the Clerk of the Commission at the address listed above. Such notice of participation shall include the email addresses of such parties or their counsel, if available. 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 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 Rule 5 VAC 5-20-30, Counsel, of the Rules of Practice. All filings shall refer to Case No. PUR-2020-00125.

On or before October 5, 2021, each respondent may file with the Clerk of the Commission, at scc.virginia.gov/clk/efiling, any testimony and exhibits by which the respondent expects to establish its case. Any respondent unable to submit testimony and exhibits electronically may submit such by U.S. mail to the Clerk of the Commission at the address listed above. Each witness's testimony shall include a summary not to exceed one page. All testimony and exhibits shall be served on the Commission's Staff, the Company, and all other respondents simultaneous with its filing. In all filings, respondents shall comply with the Rules of Practice, including 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-2020-00125.

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, except as modified by the Commission's Order for Notice and Hearing, all filings shall comply fully with the requirements of 5 VAC 5-20-150, Copies and format, of the Commission's Rules of Practice.

All documents filed in this case, including the Minimum Bill Proposal and the Bill Credit Pleadings, the Commission's Rules of Practice, and the Commission's Order for Notice and Hearing may be viewed at: scc.virginia.gov/pages/Case-Information.

VIRGINIA ELECTRIC AND POWER COMPANY

(9) On or before August 18, 2021, Dominion shall serve a copy of this Order for Notice and Hearing on the following local officials, to the extent the position exists, in each county, city, and town in which Dominion provides service in the Commonwealth of Virginia: the chairman of the board of supervisors of each county; the mayor or manager (or equivalent official) of every city and town; and the county, city, or town attorney. Service shall be made electronically where possible; if electronic service is not possible, service shall be made by either personal delivery or first class mail to the customary place of business or residence of the person served. ²⁴

(10) On or before September 15, 2021, Dominion shall file proof of the notice and service required by Ordering Paragraphs (8) and (9), including the name, title, address, and electronic mail address (if applicable) of each official served, with the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118, or by filing electronically at scc.virginia.gov/clk/efiling/.

(11) On or before October 27, 2021, any interested person may file comments on the Proposal and the bill credit rate by following the instructions found on the Commission's website: scc.virginia.gov/casecomments/Submit-Public-Comments. Those unable to submit comments 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 comments shall refer to Case No. PUR-2020-00125.

(12) On or before September 15, 2021, any person or entity wishing to participate as a respondent in this proceeding may do so by filing a notice of participation with the Clerk of the Commission at scc.virginia.gov/clk/efiling. Those unable to submit a notice of participation electronically may submit such notice by U.S. mail to the Clerk of the Commission at the address listed above. Such notice of participation shall include the email addresses of such parties or their counsel, if available. 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 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 Rule 5 VAC 5-20-30, Counsel, of the Rules of Practice. All filings shall refer to Case No. PUR-2020-00125.

(13) On or before September 21, 2021, Dominion may file with the Clerk of the Commission and serve on the Staff and all respondents, any testimony and exhibits by which it expects to establish its case regarding the Proposal and bill credit rate, and each witness's testimony shall include a summary not to exceed one page.

(14) On or before October 5, 2021, each respondent may file with the Clerk of the Commission, at scc.virginia.gov/clk/efiling, any testimony and exhibits by which the respondent expects to establish its case. Any respondent unable to submit testimony and exhibits electronically may submit such by U.S. mail to the Clerk of the Commission at the address listed above. Each witness's testimony shall include a summary not to exceed one page. All testimony and exhibits shall be served on the Commission's Staff, the Company, and all other respondents simultaneous with its filing. In all filings, respondents shall comply with the Rules of Practice, including 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-2020-00125.

(15) On or before October 12, 2021, Staff may file with the Clerk of the Commission its testimony and exhibits, and each Staff witness's testimony shall include a summary not to exceed one page. A copy thereof shall be served on counsel to Dominion and all respondents.

(16) On or before October 19, 2021, Dominion may 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 any rebuttal testimony and exhibits on the Staff and all respondents.

(17) 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, except as modified herein, all filings shall comply fully with the requirements of 5 VAC 5-20-150, Copies and format, of the Commission's Rules of Practice.

(18) 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 five (5) business 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.²⁵ Except as modified herein, discovery shall be in accordance with Part IV of the Commission's Rules of Practice, 5 VAC 5-20-240 et seq.

(19) The Standard Consumer Disclosure Form attached hereto as Attachment A is adopted for use in the Shared Solar Program.

(20) The Low-Income Subscription Plan form attached hereto as Attachment B is adopted for use in the Shared Solar Program.

(21) Staff shall convene additional meetings of the Low-Income Stakeholder Working Group as discussed herein and file a Staff Update no later than September 30, 2021.

(22) Dominion's Motion for an extension of time to file project registration materials is granted.

(23) 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.

____________________________________

¹Under this Program, Dominion will provide a bill credit for the proportional output of a shared solar facility attributable to a utility customer that is a subscriber to a shared solar facility. See Code § 56-594.3 B.

²Code § 56-594.3 C.

³Code § 56-594.3 C and D.

⁴Code § 56-594.3 F.

⁵On December 30, 2020, the Commission issued a Correcting Order to correct a scribal error on page 13 of Attachment A to the Order Adopting Rules.

⁶See, e.g., Order Adopting Rules at 6-7, 9.

⁷Id. at 12, Ordering Paragraph (7).

⁸See id. at 3, n.2.

⁹The multi-family shared solar program is offered pursuant to Code § 56-585.1:12 in the service territories of Dominion and Kentucky Utilities Company d/b/a Old Dominion Power Company. The Commission established the bill credit rate and adopted a consumer disclosure form for this program in a separate docket. See Commonwealth of Virginia, ex rel. State Corporation Commission, Ex Parte: In the matter of establishing regulations for a multi%u2011family shared solar program pursuant to § 56-585.1:12 of the Code of Virginia, Case No. PUR-2020-00124, Doc. Con. Cen. No. 210650050, Order (June 29, 2021).

¹⁰On April 1, 2021, Dominion filed supplemental information related to its Proposal, as required by a Commission Order in this docket dated March 18, 2021.

¹¹This Joint Hearing Request was filed by CCSA, CHESSA, Vote Solar, GRID Alternatives Mid-Atlantic, Local Energy Alliance Program, Virginia Poverty Law Center, Solar United Neighbors, Southern Environmental Law Center, Appalachian Voices, Sierra Club, and Virginia Advanced Energy Economy.

¹²CCSA-CHESSA Motion at 1.

¹³Dominion Response at 3.

¹⁴We note that in Case No. PUR-2021-00124, we determined that the bill credit rate for the multi-family shared solar program should be determined using Virginia-specific FERC Form 1 information. The Hearing Examiner in this proceeding may recommend a different methodology for the Shared Solar Program, but we direct that any difference in methodology, and the reasons therefor, be explained in detail.

¹⁵Order Adopting Rules at 9. See also 20 VAC 5-340-100.

¹⁶20 VAC 5-340-20.

¹⁷Id.

¹⁸See Order Adopting Rules at 7, 9.

¹⁹Through the PIPP, eligible participants' electric bill payments are limited to a specific percentage of their annual household income. Details on the PIPP may be found at Code § 56-585.6.

²⁰Working Group Report at 20.

²¹See, 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); 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); 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); Commonwealth of Virginia, ex rel., State Corporation Commission, Ex Parte: Revised Operating Procedures During COVID-19 Emergency Extension of Prior Orders, Case Nos. CLK-2020-00004 and CLK-2020-00005, Doc. Con. Cen. No. 200520101, Order Regarding the State Corporation Commission's Revised Operating Procedures During COVID-19 Emergency (May 11, 2020).

²²5 VAC 5-20-10 et seq.

²³As noted in the Commission's March 19, 2020 Order Regarding the State Corporation Commission's Revised Operating Procedures During COVID-19 Emergency in Case No. CLK-2020-00005, 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 ongoing COVID-19 public health concern. See n.21, supra.

²⁴See the Commission's April 1, 2020 Order in Case No. CLK-2020-00007, n.21, supra. See also Petition of Virginia Electric and Power Company, For a continuing waiver of 20 VAC 5-201-10 J of the Rules Governing Utility Rate Applications and Annual Informational Filings to permit electronic service to local officials upon request, Case No. PUE-2016-00039, Doc. Con. Cen. No. 160420194, Order (Apr. 19, 2016).

²⁵The assigned Staff attorney is identified on the Commission's website, scc.virginia.gov/pages/Case-Information, by clicking "Docket Search," then clicking "Search by Case Information," and entering the case number, PUR-2020-00125 in the appropriate box.

DEPARTMENT OF MEDICAL ASSISTANCE SERVICES

Draft Local Education Agency Manual

The draft Local Education Agency Provider Manual Chapters IV, V, and VI are now available on the Department of Medical Assistance Services website at https://www.dmas.virginia.gov/for-providers/general-information/medicaid-provider-manual-drafts/ for public comment until August 19, 2021.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680.

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Intent to Amend the Virginia State Plan for Medical Assistance Pursuant to § 1902(a)(13) of the Social Security Act (USC § 1396a(a)(13)) - Doula Services

The Virginia Department of Medical Assistance Services (DMAS) hereby affords the public notice of its intention to amend the Virginia State Plan for Medical Assistance to provide for changes to Methods and Standards for Establishing Payment Rates; Other Types of Care(12VAC30-80).

This notice is intended to satisfy the requirements of 42 CFR 447.205 and of § 1902(a)(13) of the Social Security Act, 42 USC § 1396a(a)(13). A copy of this notice is available for public review the contact listed at the end of this notice.

DMAS is specifically soliciting input from stakeholders, providers, and beneficiaries on the potential impact of the proposed changes discussed in this notice. Comments or inquiries may be submitted in writing within 30 days of this notice publication to Emily McClellan, and such comments are available for review at the same address. Comments may also be submitted in writing on the Virginia Regulatory Town Hall public comment forum at https://townhall.virginia.gov/L/generalnotice.cfm.

In accordance with Item 313 WWWWW of the 2021 Acts of Assembly, Special Session I,, DMAS will be making the following changes:

Methods and Standards for Establishing Payment Rates; Other Types of Care (12VAC30-80)

The state plan is being revised to include coverage for doula services for Medicaid-enrolled pregnant women. Services shall include up to eight prenatal or postpartum visits and support during labor and delivery. The department shall also implement up to two linkage-to-care incentive payments for postpartum and newborn care. A copy of the Report of the Virginia Medicaid Benefit for Community Doula Services Work Group, dated December 1, 2020, is available at https://rga.lis.virginia.gov/Published/2020/RD669.

The expected increase in annual aggregate expenditures is $584,186 in state general funds and $ 621,516 in federal funds in federal Fiscal Year 2022.

Contact Information: Emily McClellan, Regulatory Manager, Division of Policy and Research, Department of Medical Assistance Services, 600 East Broad Street, Suite 1300, Richmond, VA 23219, telephone (804) 371-4300, FAX (804) 786-1680.

STATE WATER CONTROL BOARD

Proposed Enforcement Action for City of Fredericksburg

An enforcement action has been proposed for the City of Fredericksburg for violations of the State Water Control Law and regulations at the Fredericksburg wastewater treatment facility located in Fredericksburg, Virginia. The State Water Control Board proposes to issue a consent order to resolve violations associated with the Fredericksburg wastewater treatment facility. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. The staff contact person listed will accept comments by email or by postal mail from August 17, 2021, through September 16, 2021.

Contact Information: Benjamin Holland, Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, or email benjamin.holland@deq.virginia.gov.

Proposed Enforcement Action for Magnolia Green

An enforcement action has been proposed for 6801 Woolridge Road-Moseley LP for the Magnolia Green Subdivision located north of US Route 360 (Hull Street Road) and west of State Route 667 (Otterdale Road) in Chesterfield County, Virginia. The State Water Control Board proposes to issue a consent order to address noncompliance with State Water Control Law and regulations. A description of the proposed action is available at the Department of Environmental Quality office listed or online at www.deq.virginia.gov. Frank Lupini will accept comments by email at frank.lupini@deq.virginia.gov, FAX at (804) 698-4277, or postal mail at Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, from August 16, 2021, to September 16, 2021.

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.