As regulators at the Virginia State Corporation Commission (SCC) weigh a proposed $67 billion merger between Dominion Energy Virginia and Florida-based NextEra Energy, Inc., Northern Virginia local officials and state lawmakers are rallying turnout for an upcoming public hearing in Fairfax County.
At the same time, a discovery dispute carried over to SCC proceedings.
The regional Virginia State Corporation Commission in-person public witness hearing is scheduled for Friday, Oct. 9, from 6 to 8 p.m. at the Fairfax County Government Center Board Auditorium. State Del. Rozia A. Henson Jr. (D-19th) posted on Bluesky that Friday's Fairfax session is "the only in-person opportunity in Northern Virginia." for community members to testify directly to regulators.
Sully District Supervisor Kathy Smith posted on Facebook Oct. 3 urging ratepayer participation: “The Virginia State Corporation Commission will hold a local public hearing in Fairfax to receive comments on the proposed merger between Dominion Energy Inc. and NextEra Energy Inc. Members of the public are invited to attend and offer comments on the proposed transaction and its potential effect on Dominion's Virginia customers.”
In a Sept. 28 joint release announcing local government intervention in the proceeding, Arlington County Board Chair Matt de Ferranti and Alexandria Mayor Aliya Gaskins emphasized that formal local participation is critical to ensure state regulators address Northern Virginia’s ratepayer and affordability concerns.
If approved, the transaction would combine NextEra — already the world's largest utility company — with Dominion Energy, Virginia’s dominant electric provider serving 2.7 million customers. To complete the deal, NextEra must obtain approval from the SCC, as required under the state's Utility Transfers Act, to ensure new management will not harm Virginia consumers or jeopardize reliable service at fair rates.
Discovery Dispute Carries Over to SCC Proceedings
As regional in-person public feedback on the proposed merger begins, a legal dispute over alleged internal corporate secrecy has carried over into the Commonwealth’s regulatory proceedings (Case No. PUR-2026-00112).
Clean Virginia, an energy watchdog group acting as an intervenor, requested that regulators force NextEra Energy to release a corporate record known as the "Robo Memorandum." While attorneys representing NextEra and Dominion argued the out-of-state document did not concern Virginia utility service, Shelby Green, research and communications manager at the Energy and Policy Institute, noted in an Oct. 2 communication to The Connection that the SCC Hearing Examiner ruled (Page 25) earlier that day in favor of Clean Virginia, ordering NextEra and Dominion to turn over the document:
"Accordingly, I find the requested information is discoverable in the instant case, although the Commission will ultimately decide the admissibility of any information offered into the record as evidence,” the Hearing Examiner wrote.
In his reasoning, the examiner shared that he found Clean Virginia's request for the Robo Memo to be "reasonably calculated to lead to evidence that could verify or impeach the Petition's representations." He added that the memo and other requested materials reveal "governance issues of how the NextEra Board addresses allegations of potential criminality that it has determined warrant investigation."
According to Green, the Robo Memorandum allegedly demonstrates how NextEra's primary utility subsidiary, Florida Power & Light Co. (FPL), channeled corporate resources to a network of nonprofits that funded "ghost candidates" to undermine state legislative campaigns of candidates deemed unfavorable by FPL. Green added that one nonprofit, Grow United, allegedly extended a "phony job offer" to a city council member to facilitate NextEra’s potential acquisition of the Jacksonville Electric Authority.
Named after former CEO James Robo, the "Robo Memorandum" details NextEra Energy and FPL's alleged 2018–2020 misconduct in Florida, including election interference, bribery, and pay-to-play media. Filings reveal millions in "dark money" used for ghost-candidate schemes, fake job offers, and targeted media influence. NextEra and FPL have denied wrongdoing.