RPT 1810 DominionEnergyProfile-FNEMB
RPT 1810 DominionEnergyProfile-FNEMB
RPT 1810 DominionEnergyProfile-FNEMB
Dominion Energy's
POWER GRAB
HOLD FOR RELEASE • Thursday, November 15 • 3pm ET
F ood & Water Watch champions healthy food and clean water for all. We stand up to corporations that
put profits before people, and advocate for a democracy that improves people’s lives and protects our
environment. We envision a healthy future for our families and for generations to come, a world where all people
have the wholesome food, clean water and sustainable energy they need to thrive. We believe this will happen
when people become involved in making democracy work and when people, not corporations, control the
decisions that affect their lives and communities.
Food & Water Watch has state and regional offices across the country to help engage concerned citizens on the
issues they care about. For the most up-to-date contact information for our field offices, visit foodandwaterwatch.org.
National Office
1616 P Street, NW
Suite 300
Washington, DC 20036
(202) 683-2500
Oakland, California Los Angeles, California Santa Barbara, California Ventura, California
155 Grand Avenue 915 Wilshire Boulevard 222 E Canon Perdido Street 940 E. Santa Clara Street
Suite 905 Suite 2125 Suite 207C Suite 202
Oakland, CA 94612 Los Angeles, CA 90017 Santa Barbara, CA 93101 Ventura, CA 93001
(510) 922-0720 (323) 843-8450 (323) 843-8456 (805) 507-5083
Oregon
1028 SE Water Avenue
Suite 245
Portland, Oregon 97214
(971) 266-4528
Copyright © November 2018 by Food & Water Watch. All rights reserved.
This report can be viewed or downloaded at foodandwaterwatch.org.
COVER PHOTO: DOMINION'S MOUNT STORM POWER STATION; BISMARCK, WEST VIRGINIA
HOLD FOR RELEASE • Thursday, November 15 • 3pm ET
VIRGINIA STATE CAPITOL • PHOTO CC-BY-SA © SKIP PLITT, C'VILLE PHOTOGRAPHY / FLICKR.COM
bills: Dominion exercised its political power to power plants have been rising steadily. Dominion’s
repeatedly reshape Virginia’s electric utility regula- carbon dioxide emissions from its current coal, gas,
tion over its key subsidiary Virginia Power, largely oil and biomass power plants have been trending
to pad its profits by preventing the state regulator upward, and in 2018 it purchased South Carolina
from protecting ratepayers from high electricity utility SCANA, adding to its coal and gas power plant
costs. portfolio.
• Dominion’s legacy of pollution continues to
The urgency of climate change requires a dramatic
threaten communities: Dominion’s power plants
shift away from fossil fuels, but not only is Dominion
have been significant polluters, and the company
increasing investments in gas-fired power plants and
has amassed millions of dollars in settlements with
gas pipelines, it has only modestly invested in wind
the U.S. Environmental Protection Agency (EPA)
and solar power — and mostly outside of Virginia.
over alleged violations of the Clean Air Act. Coal
Only 0.3 percent of Dominion’s Virginia Power utility
continues to account for one-fifth of Dominion’s
capacity comes from solar energy, and although the
power capacity, emitting climate-altering gases and
company has a pilot offshore wind project in the works,
dangerous air pollutants. The company’s decades of
its massive gas-fired power plant under construction
coal combustion have generated mountains of coal
in Greensville County is over 100 times bigger than its
ash waste that can pose environmental and public
wind project.
health risks. Environmental testing has found that
Dominion’s coal ash ponds have leaked potentially Virginia and the nation must chart a decisive new
toxic coal residues into nearby water bodies. energy future that rapidly shifts to wind, solar, tidal
• Dominion’s climbing climate emissions: Despite and geothermal energy sources that have zero green-
Dominion’s slow shedding of dirty coal-fired power house gas emissions. The entrenched political power of
plants, it is building more gas-fired power plants, Dominion is the single greatest obstacle to charting a
and its total climate emissions from its fleet of clean energy future in the Commonwealth.
Introduction
Dominion’s history stretches back hundreds of years,
but today the company is emblematic of power politics
at its worst. As the biggest electric and gas utility in
Virginia, operating a sprawling network of fracked
gas infrastructure, Dominion exerts a powerful influ-
ence over the Virginia state legislature, ensuring weak
regulatory oversight that safeguards its profits while
electric bills continue to rise.
From colonial beginnings that was the parent of Virginia Power.7 It was an
unusual corporate move, where the Virginia Power
to the creation of Dominion spinoff, Dominion, owned its larger creator, the now
The roots of Dominion Energy stretch back to a subsidiary Virginia Power.8 In 1994, the SCC challenged
firm chartered to improve water transportation on Dominion’s effort to subvert the utility’s independence,
the Appomattox River in 1787.1 The company grew contending that it violated the SCC order that approved
through mergers with canal and river transporta- the creation of Dominion and could undermine the
tion companies, and by the end of the 1800s it was public interest.9
operating generators to power its electric streetcars.2
The SCC wanted Virginia Power to remain an inde-
Frank Gould, son of the infamous Gilded Age tycoon
pendent utility, but Dominion launched an aggressive
Jay Gould, became the majority owner of the Virginia
lobbying campaign to seize control of Virginia Power.10
Railway and Power Company by the beginning of the
The multi-year dispute ended in 1997, when Dominion
twentieth century, operating trolley lines and delivering
stacked the Virginia Power board with loyalists; the
residential electricity and gas. 3
SCC did not object to this corporate intrigue, cementing
The Virginia Electric Power Company (Virginia Dominion’s authority over Virginia Power.11 By the end
Power) was formed in 1925 when a syndicate of of the 1990s, Dominion was in charge and the SCC was
investors purchased and merged the Spotsylvania cowed.12 This set the stage for Dominion’s continuing
Power Company with the Virginia Railway and Power ability to steamroller the regulator for the past two
Company.4 Virginia Power quickly bumped up against decades.
Dominion’s extraordinary
political power in Virginia and beyond to be completed in 2019, and the company's corporate
sponsorships include art venues, sports teams, school
Dominion has long been the dominant corporate
programs and an international bicycle race.54
donor and player in Virginia politics.49 The Richmond
Times-Dispatch reported that state “legislators agree Dominion facilities are often the single biggest source
that Dominion’s power is unmatched at the state of local tax revenue, which encourages boosterism
Capitol.”50 Dominion provides a gusher of campaign by local officials. For example, Dominion’s Cove Point
cash; showers legislators with gifts, meals and trips; tax payments would constitute 30 percent of Calvert
and fields a battalion of lobbyists. Food & Water Watch County, Maryland’s tax revenue (but it received a
estimated that since 1998 Dominion has spent at least considerable tax break for the first nine years).55
$59 million on campaign contributions, lobbying and The county officials supported a Cove Point pipeline,
gifts to influence Virginia, the U.S. Congress and states saying that Dominion had been “a proven community
across the country where it has operated.51 member.”56 Dominion’s Millstone reactor provides one-
third of the tax revenue to Waterford, Connecticut.57 In
Dominion’s largesse is eased by Virginia’s lax campaign
2018, Connecticut enacted legislation allowing the state
finance and conflict-of-interest rules. Virginia allows
to decide whether to make preferential nuclear power
unlimited corporate campaign donations and permits
purchases from Millstone (comparable to wind and
elected officials to vote on legislation affecting compa-
solar procurement preferences) after Dominion spent
nies in which they have substantial investments (as
nearly $1 million lobbying and threatened to shutter
long as other legislators have holdings as well).52 (See
the plant.58
Appendix for list of 2018 Virginia legislators’ campaign
contributions from Dominion and votes on key legisla- Dominion has boasted about its political muscle, stating
tion affecting Dominion.) that “we are proud of our participation as a company
and as individuals in the political process.”59 From 2017
Dominion’s political muscle is bolstered by its workers
to 2018, Dominion increased its Virginia lobbying, gift
and retirees who are constituents and voters, its philan-
and advertising expenditures 10-fold while successfully
thropic donations that fund civic improvements, and its
pushing to enact a law that was expected to substan-
role in the economy.53 Richmond, Virginia features two
tially increase customers’ electric bills.60
Dominion office towers, with a new building scheduled
From 1998 to mid 2018, Dominion’s political action Still, Dominion’s influences persisted. The Democratic
committee (PAC) and employees contributed over gubernatorial primary featured a pipeline opponent,
$10 million to Virginia candidates, campaigns and Tom Perriello, and Ralph Northam, who won the race
causes.63 The ample campaign generosity is bipartisan: while refusing to take a firm stand on the pipelines.72
86 percent of Virginia legislators have received cash Northam promised tougher environmental reviews
from its PAC and/or employees. Of the $2.7 million while promoting the alleged economic development
funneled to Virginia’s current lawmakers, 25 state benefits of the pipelines. Northam held between
legislators received more than half of the largesse. And $5,000 and $50,000 worth of Dominion stock before he
the top five recipients received nearly one-third of its was elected.73
contributions (see Table 1).64 Northam’s transition team included several people
Dominion has been especially supportive of affiliated with Dominion, and it donated at least
Virginia’s gubernatorial candidates. While Governor $50,000 to Northam’s inaugural committee.74 After he
Terry McAuliffe (D) refused to accept money from was sworn in, Northam’s campaign promise to perform
Dominion’s PAC as of 2009, he raised nearly $12,000 an in-depth review of the ACP route turned out to be
from Dominion executives and lobbyists.65 The merely a reaffirmation of a pre-existing federal study
president of Dominion had donated nearly $53,000 to that found that the route posed little environmental
the campaigns of Republican Bob McDonnell by the risk, with little additional state scrutiny beyond
time McDonnell ran for governor in 2009.66 In 2006, the federal oversight that critics said was far from
Dominion paid for then-governor (and current U.S. rigorous.75 Northam even reappointed the head of the
Senator) Tim Kaine’s trip to Indianapolis for a Final Virginia Department of Environmental Quality (DEQ)
Four college NCAA basketball tournament game.67 In that signed off on the pipeline, even though the DEQ
2002, Dominion was one of only three company PACs director accepted a trip from Dominion to the Masters
to donate $50,000 to Virginia Governor-elect (and now golf tournament in 2014.76
Senator) Mark Warner’s inaugural celebration.68
Terry G. Kilgore (R) House District 1 (Wise County) $171,391 $25,250 $196,641
House District 66
M. Kirkland Cox (R) $106,611 $42,110 $148,721
(Chesterfield County)
Thomas K. Norment, Jr. (R) Senate District 3 (Hampton Roads) $92,990 $22,550 $115,540
Dominion also has pumped money into shell orga- These foundation grants can appear to buy support or at
nizations that downplay their direct industry ties in least buy silence from recipients, including environmental
order to create astroturf support for their projects.105 groups that might otherwise oppose Dominion’s dirty
Dominion, other Atlantic Coast Pipeline investors and energy operations. Organizations that receive dona-
the American Gas Association funded astroturf groups tions from Dominion often give testimony in support of
to engage the voters to “elect a pipeline” during the pro-Dominion bills.115 A North Carolina Boys & Girls Club
2017 Virginia elections.106 Dominion also sent 76,000 executive testified in favor of the Atlantic Coast Pipeline
mailers to its employees, shareholders and retirees after receiving a $10,000 grant from Dominion to repair
urging them to consider candidates’ pipeline posi- hurricane damage, but he contended that his support
tions when casting their 2017 vote.107 In 2018, these for the pipeline was unrelated to the financial support.116
Dominion supporters contacted state legislators to One supporter of a Potomac River environmental group
back the Dominion-drafted utility bill.108 wondered if its receipt of Dominion foundation funding
might have contributed to the group’s silence on a
Dominion’s philanthropy provides political cover Dominion fracked gas compressor station.117
Dominion’s plentiful charitable donations provide
additional leverage for its political causes — and those Dominion’s political muscle
drives favorable (and lucrative)
utility regulations
Dominion exercised its political power to repeatedly
reshape Virginia’s electric utility regulation over its key
subsidiary Virginia Power — each time adjusting the
rules to benefit Dominion while driving up electric bills.
It also has thwarted popular and progressive energy
measures. For example, Dominion ensured that utili-
ties (like its subsidiary Virginia Power) would be gate-
keepers for community-based solar projects instead
of allowing churches, apartment complexes or other
community organizations to develop and benefit from
DOMINION PRESENTS A $50,000 CHECK TO VIRGINIA ASSOCIATION FOR PARKS, 2013
PHOTO CC-BY VIRGINIA STATE PARKS / FLICKR.COM their own solar projects.118
their service area in exchange for the right to earn a Electricity deregulation encouraged utility companies to
reasonable profit for delivering power.120 Long viewed branch out from power delivery to the riskier business of
as a natural monopoly, electric utilities owned transmis- buying and trading energy.124 Dominion built new power
sion lines and power generation and distributed it to plants to sell electricity onto deregulated markets.125
consumers.121 State regulatory agencies like Virginia’s
State Corporation Commission (SCC) determined the In 2000, Dominion’s CEO told shareholders that the
profit margin for private utilities like Virginia Power company aimed to “dominate the Northeast market as
by setting the rate of return on electric infrastructure much as we can without going to jail for violating the
investments, and reviewed plans for proposed power antitrust laws.”126 The company was heavily involved in
plants. the same sort of wholesale power trading that brought
down Enron.127 But the downside of deregulation caught
The push for national electricity deregulation up with the company as the national deregulation
experiment unraveled with Enron’s collapse. Dominion
In the late 1990s, energy and utility companies pushed
estimated that Enron’s bankruptcy could cost the
to bust up the utility regulatory compact — a guaran-
company up to $97 million.128 At one point during 2002,
teed market and guaranteed return in exchange for
Dominion’s energy trading losses drove its stock down
regulated prices — and to replace it with an untested,
30 percent in six days.129
market-based plan to separate electricity distribution
(the utility delivery of power) from power generation The federal Energy Policy Act of 2005 further
and marketing. These deregulatory proposals were entrenched electricity deregulation. It eliminated price
expected to boost power company profits. Former controls on wholesale electricity, ensured open access
Dominion Chairman William W. Berry was a leading to the interstate transmission grid and smoothed the
proponent of national electricity deregulation, and approval of power plants, transmission lines and gas
Dominion’s support was joined by Enron, one of the pipelines.130 It also repealed the New Deal’s protections
biggest deregulation champions, which salivated at the under the 1935 Public Utility Holding Company Act,
prospect of speculating on the wholesale electricity which had prevented utilities from gouging consumers
market and selling directly to consumers in the to fuel their speculative business expansions.131
$215 billion retail electricity market.122
Wenonah Hauter, now Food & Water Watch’s executive
In 1996, the Federal Energy Regulatory Commission director, predicted at the time that these electricity
(FERC) required interstate electricity transmission deregulation schemes would be debacles. In 1999, she
companies to offer “open access” for any power said that the Dominion-backed deregulation proposal
company that wanted to sell electricity, creating a was “among the most anti-consumer bills” in any
massive incentive to generate and sell more elec- state.132 She was right. In Virginia, the Dominion-driven
tricity.123 This created a national wholesale market that deregulation and re-regulation has raised electric bills
transformed electricity into a speculative commodity. and bumped up Dominion’s profits.
Dominion demands —
and gets — deregulation
Cost recovery is a
While the FERC deregulated interstate power trans-
giveaway to Dominion
mission, the states started to deregulate utility Much of the Virginia electricity deregulation has
electricity. In 1997, Dominion started pushing for made it easier for Dominion to get ratepayers to pay
electric utility deregulation designed to let other for new power plants or other infrastructure. These
“cost recovery” provisions allowed Virginia Power to
power companies compete with Virginia Power for
deduct its expensive infrastructure investments from
customers — even though ratepayers had largely
its profits.149 Since the SCC regulates customer rates
financed the utility’s power plant and transmission based on Virginia Power’s profits, these deductions
networks that the new electricity marketers would essentially amount to an accounting trick that prevents
use.133 In theory, consumers would be more able to the SCC from being able to give rebates to ratepayers.
choose among power providers that would compete The 2007 legislation allowed Dominion to pad its
for customers, improving service and reducing prices. profits by getting ratepayers to pay for new coal and
In practice, these savings did not materialize. In 2007, nuclear power plants.150 The cost-recovery provi-
the chairman of the U.S. House Energy and Commerce sions allowed Dominion to shift the $1.8 billion cost
Committee, Joe Barton, lamented that electricity rates of building a coal-fired power plant onto the rate-
had not declined under deregulation.134 payers.151
A 2014 Virginia law allowed Dominion to deduct
Virginia Senator Tommy Norment sponsored the
hundreds of millions of dollars in expenditures for
Dominion-designed electricity deregulation legisla- a proposed new reactor at its North Anna plant and
tion in 1999, which not only split delivery from power recover a large portion of the costs from customers.152
marketing but reduced regulatory oversight.135 The SCC Dominion spent $600 million before abandoning the
opposed Dominion’s deregulatory proposal.136 Virginia project — by 2017, customers had already picked up
enacted electricity deregulation driven by Dominion’s $300 million of these costs for a reactor that was never
lobbying muscle; the law allowed customers to begin built.153
choosing their electricity provider by 2004.137
rates.143 The SCC chairman stated that the re-regula-
But retail electricity competition never materialized in
tion would “unfairly favor the interest of utilities over
Virginia, and other states that tried the deregulation
that of consumers.”144 The Dominion-backed bill (again
experiment faced rocketing electricity prices.138 The
pushed by Norment) passed rapidly.145
Virginia Attorney General’s Office found that during
five years under electricity deregulation, Dominion Virginia Power’s base electricity rates remained steady,
earned $858 million more than it would have earned but base rates alone did not constitute the entirety of
under SCC regulation.139 Between 1998 and 2008, customers’ power bills, since the company imposed
Dominion’s stock price almost doubled and its return “rate adjustment clauses” to build five power plants
on equity (power infrastructure investments) rose to and other infrastructure.146 Dominion raised its elec-
22 percent.140 tricity prices by 18 percent in 2008 after the legislation
went into effect, the largest one-time rate hike in three
Dominion pushes profitable decades.147 By late 2012, the re-regulation scheme
2007 re-regulation increased Dominion’s revenues by nearly $300 million
and ratepayers’ bills by $1.8 billion.148
Dominion led the charge for a return to utility regu-
lation on its own self-serving, profitable terms.141
The re-regulation prevented the SCC from lowering
2015 rate freeze lines Dominion’s pockets
consumer electricity rates but obligated the SCC to In 2015, Dominion wrote new legislation that reduced
approve rate hikes if Dominion’s profits slid.142 Instead SCC oversight even further and locked in Dominion’s
of rules that promoted rates based on revenues and profitable prices.154 It froze electricity rates until 2022
reasonable expenses, the re-regulation not only and eliminated the biennial review of Dominion’s base
enabled the utility to deduct many investment costs rates that allowed the SCC to lower rates or order
but also curbed the authority of regulators to review rebates if Dominion’s earnings exceeded fair returns.155
Infrastructure
Virginia Power Utility Service Area
Natural Gas
Nuclear
Coal
Oil
SOURCE: Department of Energy, Energy Information Administration and Homeland Infrastructure Foundation.
Dominion has downplayed the public opposition Dominion is being attacked, Virginians — hard-working
to its aggressive gas infrastructure expansion. This Virginians — are being attacked.”208
infrastructure threatens ecosystems, imperils drinking
water supplies and poses real safety risks to nearby The detested Atlantic Coast Pipeline
residents.205 Dominion admits that accidental fires, Dominion’s most contentious gas infrastructure project
explosions or leaks from its gas pipelines or processing has been the Atlantic Coast Pipeline (ACP), which has
operations could cause deaths or injuries and damage ignited fervent resistance in frontline communities in
the environment.206 North Carolina, Virginia and West Virginia. Dominion
But the company seems disdainful of public participa- is the largest stakeholder in the ACP and is building
tion in the debate over fossil fuel infrastructure. Its and will operate the pipeline.209 The ACP is designed to
senior energy policy director said that regulators carry fracked gas from the Marcellus and Utica shale
considering fossil fuel infrastructure projects “are basins to supply power plants across the Southeast.210
being bombarded by general citizenry, by elected It will be the largest pipeline construction project ever
officials who have asked to insert themselves into the undertaken in the central Appalachians and Dominion’s
process.”207 And it has suggested that Dominion critics biggest pipeline project ever.211
really are aiming at the working families employed by The $5 billion, nearly 600-mile ACP will deliver about
the company, with a spokesperson saying that “when 1.5 billion cubic feet of natural gas daily.212 The
community and the environment parklands) under eminent domain with “just compensa-
tion.”240
Dominion’s Cove Point is a liquefied natural gas (LNG) Theoretically, private firms cannot use eminent domain
terminal that exports LNG to the global market. Super- for private purposes, but regulated utilities have both
cooling natural gas converts it to a liquid that takes up private and quasi-public roles.241 Virginia considers electric
600 times less volume, making it possible to load onto and gas utility infrastructure as public services that allow
tankers; when it is unloaded, it is heated to return it companies to use eminent domain to secure rights-of-
to a gas.254 The export push was designed to offload way for pipeline and power line routes.242 Once the FERC
approves a gas pipeline, companies can use eminent
domestic fracked gas overseas to sop up the U.S. gas
domain to seize land.243
glut driven by the fracking boom.255
But these projects often have only tangential public
Cove Point was originally built to import LNG after the benefits; instead, they primarily benefit Dominion. The
1970s oil crisis.256 Dominion bought and expanded Cove ACP would largely serve non-Virginia customers, and
Point in 2002.257 The expansion doubled the storage some of Dominion’s electric lines power specific corporate
capacity and added a second pipeline to connect to the complexes.244 Many communities may sacrifice property
national pipeline system and included new or upgraded but never receive access to the natural gas or electricity.245
compressor stations in Pennsylvania, Virginia and West Dominion has bullied landowners to surrender their prop-
Virginia.258 erty for their pipeline and power line routes. Dominion
admits that it can and would acquire rights-of-way from
When the fracking boom made imports obsolete, Cove landowners “by condemnation, if necessary.”246 Many
Point was retrofitted to export natural gas.259 It props landowners on the ACP route reported that they received
up the fracking industry since it is by far the closest threatening letters saying that if they blocked surveyors
existing export facility to the Marcellus and Utica shale from their property, Dominion would pursue legal action
using eminent domain.247 Dominion planned to file suit
basins, creating new demand to absorb excess fracked
against nearly 200 Virginia landowners to pursue the ACP
gas.260 In 2014, the FERC approved Dominion’s plan to
route.248 Many of its suits were withdrawn, but by the end
build a $4.1 billion liquefaction facility to convert natural of 2017 Dominion remained involved in approximately 30
gas into LNG for exports and export 770 million cubic eminent domain cases, half of which were in Virginia.249
feet of LNG every day.261 It takes two big gas turbines to
Dominion’s electricity transmission projects can have
generate the energy to chill the natural gas, increasing similar impacts on private property, the environment
air emissions.262 Dominion estimated that 85 ships will and historical sites, and two recent projects have drawn
load LNG at the terminal annually.263 substantial opposition. Dominion’s proposed Haymarket
line was designed largely to provide power to a new
Amazon data center, but it would have run through
land that is owned and inhabited by the descendants
of a former slave who have lived there for more than
a century.250 Dominion was prepared to use eminent
domain to seize their land to secure a cheaper route.251
Dominion contended that blocking the line would “harm
the county’s growth prospects or, worse, jeopardize
reliable electric service.”252 The community challenged
Dominion’s plans, and the company ultimately agreed
to reroute the power line, putting large stretches under-
ground in 2018.253
COVE POINT LNG EXPORT TERMINAL, MARYLAND
PHOTO CC-BY-SA © ACROTERION / COMMONS.WIKIMEDIA.ORG
Powering Dominion’s polluting plants Despite the imperative of climate change, Dominion
Dominion is one of the biggest electric power compa- has invested little in solar and wind power. In 2014,
nies in the country. The company operates coal, gas, oil, Dominion CEO Farrell referred to wind and solar as
FIG. 1 • Dominion's CO2 Emissions From Current Power Plants • in millions of metric tonnes
36.4
33.8 34.4 34.4
30.7
28.5
32.6
30.2 31.0
30.5
26.7
24.4
SOURCE: Food & Water Watch analysis of EPA Air Markets Program data; total Dominion emissions includes Dominion Merchant and Virginia power coal, gas, oil and biomass
plants; adjusted for 50% ownership stake in one coal plant.
Dominion’s continued coal reliance Dominion’s coal ash ponds could pose similar risks.
Environmental testing has found that Dominion’s coal
and toxic legacy of coal ash ponds ash ponds have leaked potentially toxic coal residues
Although Dominion has shifted slightly away from coal, into nearby water bodies. 306 A malfunctioning ash pond
the dirtiest fossil fuel continues to be a key portion of its at its Chesterfield plant spilled coal ash slurry into the
power portfolio. Coal continues to provide one-fifth of James River for three months in 2005. 307 Dominion
the company’s power capacity, and the SCANA purchase has nearly 1 million tons of coal ash stored near the
added four new coal-fired plants.291 Dominion is espe- Elizabeth River plant that has been contaminating the
cially committed to coal in Virginia. All six of Dominion’s river with arsenic. 308 The company’s Possum Point
coal-fired power plants are Virginia Power plants, with coal ash ponds have been leaking a decade after the
five in Virginia and one in West Virginia.292 The company’s facility stopped burning coal, and 2016 testing found
newest coal-fired power plant went online in 2012, a very dangerous levels of toxic contaminants in nearby
recent coal commitment.293 In 2017, coal still made up private wells. 309 In 2017, Dominion’s coal ash ponds at
22 percent of Virginia Power’s power capacity.294 the Chesapeake power plant were under investigation
for alleged Clean Water Act violations. 310
Coal-fired power plants emit hazardous air pollutants
like mercury, particulate matter, sulfur dioxide and Disastrous accidents can amplify the risks of living near
nitrogen oxides that threaten human health.295 Between coal ash ponds. In 2014, a Duke Energy coal ash pond
2012 and 2016, Dominion’s coal-fired plants annually impoundment breached, pouring between 30 million
emitted about 10 million pounds of particulate matter and 39 million gallons of coal ash slurry that polluted
and 24 million pounds of nitrogen oxides.296 70 miles of the Dan River. 311 It was the third largest coal
ash spill in the United States and posed risks to drinking
Virginia Power has been burning coal for decades,
water supplies and aquatic life. 312 It took Duke almost
generating mountains of coal ash waste; the potentially
a week to seal the pipe that leaked the coal ash. 313
toxic unburned coal residue can contain trace elements
Samples revealed elevated levels of a laundry list of
of arsenic, boron, cadmium, chromium, copper, iron,
toxic chemicals in both the water and the riverbed. 314
lead, manganese, mercury and selenium.297 Its six
Duke ultimately agreed to pay a total of $102 million in
operating coal-fired plants still produce coal ash that
fines and restitution. 315 After the spill, Duke University
is stored in eight impoundment ponds.298 Virginia
researchers studied the unlined coal ash ponds across
Power may produce about 3 million tons of coal ash
the Southeast including Virginia and found high levels
annually.299 This coal ash piles up, and Dominion has
of dangerous pollutants leaching from the ponds. 316
Dominion settled a raft of Clean Air Act complaints Dominion’s troubling nuclear experiment
against three coal-fired power plants (two in the
Nearly 40 percent of Dominion’s electricity is produced
Midwest and one in Massachusetts) for $3.4 million in
at its nuclear reactors, which the company touts as
fines and $10 million in environmental improvement
“safe, reliable and carbon-free.” 349 Dominion operates
projects in 2013. 341 It settled a similar case against eight
four reactors in Virginia (at Surry and North Anna) and
power plants in Virginia and West Virginia in 2003 by
two reactors in Connecticut (Millstone). 350 Dominion
agreeing to pay a $5.3 million penalty and to invest
has justified efforts to extend these nuclear licenses
$1.2 billion in environmental upgrades, and by pledging
because the plants provide “carbon-free generation.” 351
to reduce emissions by 70 percent over a decade. 342
Dominion wants to extend the two Virginia nuclear
In 2005, Dominion settled a separate pollution licenses until 2060 and 2053. 352 But the company’s
complaint against one of the Massachusetts coal plants operation of these nuclear reactors raises troubling
by agreeing to reduce pollution over a two-year period safety issues.
by switching to low-sulfur coal. 343 Dominion finally
Nuclear energy is neither clean nor safe. Nuclear
agreed to shutter the coal plant by 2014 and to invest
energy facilities have had dozens of dangerous acci-
another $275,000 in environmental mitigation to settle
dents, including catastrophic meltdowns in Chernobyl
a lawsuit over alleged repeated violations of the Clean
and Fukushima. 353 Processing nuclear material creates
Air Act. 344 Dominion also agreed to close one of the
vast quantities of radioactive waste, which operators do
dirtiest plants in the Chicago area rather than address
not have the resources to store safely. 354 In May 2017, a
an EPA Clean Air Act complaint. 345
shuttered Washington state facility, which for decades
had “temporarily” stored nuclear waste, experienced
a major breach that could have released radiation into
the environment. 355
Appendix Table 1: Virginia House of Delegates Utility Regulation Votes and Dominion Campaign Contributions
Dominion Weakened Rate Original
Coal Ash Bill Rate Freeze Re-Regulation
PAC/Indiv. Percent Freeze Reversal Deregulation
Member of Virginia (Pro-Dominion (Pro-Dominion (Pro-Dominion
District Party Contributions Pro-Dominion (Pro-Dominion (Pro-Dominion
House of Delegates vote = N, vote = Y, vote = Y,
1998 to Votes* vote = Y, vote = Y,
SB 1398, 2017) 2 SB 1349, 2015) 3 HB 3068, 2007) 4
mid-2018 SB 966, 2018)1 SB 1269, 1999) 5
SOURCE: Food & Water Watch analysis of National Institute of Money and Politics data from 1998 to mid-2018 and includes Dominion and affiliates political action committee (PAC)
and Dominion employee campaign contributions; legislation and votes from Virginia’s Legislative Information System.
* Percent pro-Dominion vote calculation based on pro-Dominion recorded votes as a share of votes cast on these five key utility measures. Abstentions and non-voting did not count
as pro-Dominion votes.
Y = Yea; N = Nay; NV = Not Voting; Abst. = Abstain
1 SB 966 House passage, February 26, 2018
2 SB 1398 House passage, April 5, 2017
3 SB 1349 House passage, February 12, 2015
4 HB 3068 House adoption vote #2, April 4, 2007
5 SB 1269 House adoption vote #2, February 24, 1999
a accidentally voted yea, intended to vote nay
b recorded as not-voting, intended to vote yea
Appendix Table 2: Selected Virginia State Senate Utility Regulation Votes and Dominion Campaign Contributions
SOURCE: Food & Water Watch analysis of National Institute of Money and Politics data from 1998 to mid-2018 and includes Dominion and affiliates political action committee (PAC)
and Dominion employee campaign contributions; legislation and votes from Virginia’s Legislative Information System.
* Percent pro-Dominion vote calculation based on pro-Dominion recorded votes as a share of votes cast on these five key utility measures. Abstentions and non-voting did not count
as pro-Dominion votes.
Y = Yea; N = Nay; NV = Not Voting; Abst. = Abstain
1 SB 966 Senate passage, February 28, 2018
2 SB 1398 Senate passage, February 7, 2017
3 SB 1349 Senate passage, February 6, 2015 and SB 1349 House passage, February 12, 2015
4 HB 3068 Senate passage, April 4, 2007 and HB 3068 House adoption vote #2, April 4, 2007
5 SB 1269 Senate passage, February 25, 1999 and SB 1269 House adoption vote #2, February 24, 1999
a vote cast while Senator was in House of Delegates
b accidentally voted nay, intended to vote yea
† Patron of 1999 SB 1269
‡ Patron of 2015 SB 1349
** Patron of 2017 SB 1398
†† Patron of 2018 SB 966
Endnotes
1 Will, Erwin H. “A story of Virginia Electric and Power Company.” 23 Dominion Energy (SEC 10-K 2017) at 8, 11 and 16.
1965 Virginia Dinner address. Newcomen Society. April 27, 1965 24 Dominion Energy (2017 Annual Report) at 9; Dominion Energy.
at 8. [Press release]. “Dominion Energy/SCANA merger receives FERC
2 Ibid. at 9 to 12. approval.” July 13, 2018.
3 “Weldon, N.C.” Engineering Record. June 10, 1911; “Utility com- 25 Martz (“Dominion rules, part one: Corporate feud.” 2017).
pany reaches new high.” New York Times. April 15, 1925; Terrell, 26 Dominion Energy (SEC 10-K 2017) at 8.
Ellen. U.S. Library of Congress. “Robber barons: Gould and
27 U.S. Energy Information Administration (EIA). Number of Pro-
Fisk.” September 26, 2012; “Gould heirs agree; Trustees to repay
ducing Gas Wells. NA1170-SPA-8. Available at www.eia.gov/natu-
estate $20,000,000.” New York Times. December 25, 1926.
ralgas/data.php. Accessed August 2018.
4 Will at 15.
28 Includes Dominion Energy pipelines, its 50 percent stake in
5 Martz, Michael. “Dominion rules, part one: After epic corporate Iroquois Pipeline, and Dominion Midstream’s DECG and Questar
feud, energy giant Dominion emerges to dominate regulators, Pipelines. Dominion Energy (SEC 10-K 2017) at 8 and 19; Domin-
legislators.” (“Dominion rules, part one: Corporate feud”). Rich- ion Energy Midstream Partners, LP. SEC 10-K filing. Fiscal year
mond Times-Dispatch. October 13, 2017; Zullo, Robert. “Domin- ending December 31, 2017 at 9 to 10.
ion’s grip on Va. politics may be loosening; Dominion rules: Is
29 Dominion Energy (SEC 10-K 2017) at 44; Dominion Resources,
Dominion’s grip on political power at a crossroads?” (“Dominion
Inc. SEC 10-K. Fiscal year ending December 31, 2008 at 55.
rules: Power at crossroads”). Richmond Times-Dispatch. October
17, 2017. 30 Dominion Energy. “Barclays CEO Energy-Power Conference.”
September 7, 2017 at 5.
6 Will at 17 to 19.
31 Martz (“Dominion rules, part one: Corporate feud.” 2017).
7 Martz, Michael. “Dominion rules, part one: Attempted coup.”
Richmond Times-Dispatch. October 13, 2017. 32 Dominion Energy. “Notice of 2018 Annual Meeting of Sharehold-
ers and Proxy Statement.” March 23, 2018 at 44 to 45.
8 Ibid.
33 Martz, Michael. “Dominion rules: A man of influence, Dominion
9 Martz, Michael. “Dominion rules, part one: Dominion takes
Energy chairman and CEO’s reach is long in state, regional af-
control.” Richmond Times-Dispatch. October 13, 2017.
fairs.” (“Dominion rules: Man of influence.”) Richmond Times-
10 Martz (“Dominion rules, part one: Attempted coup.” 2017). Dispatch. October 13, 2017.
11 Martz (“Dominion rules, part one: Dominion takes control.” 34 Heath, Thomas. “Va. energy executive goes Hollywood, without
2017). the big budget.” Washington Post. May 19, 2014; Hausman, Sandy.
12 Ibid. “The making of the film: ‘Field of Lost Shoes.’” WVTF FM-89.1. April
13 Murray, Alan. “Introducing the new Fortune 500 list.” Fortune. 22, 2014; Suderman, Alan. “State lawmaker’s movie got $1 million
May 21, 2018; Dominion Energy, Inc. U.S. Securities and Ex- in credits, grants.” Norfolk Virginian-Pilot. November 17, 2014.
change Commission (SEC). 10-K filing. Fiscal year ending Decem- 35 Suderman (2014); Wilson, Patrick. “Del. Peter Farrell of Henrico
ber 31, 2017 at 8. won’t seek re-election.” Richmond Times-Dispatch. March 10,
14 Dominion Energy (SEC 10-K 2017) at 8. 2017.
15 Dominion Energy, Inc. “2017 Summary Annual Report.” 2018 at 36 Tebaldi, Claudia, Dennis Adams-Smith and Nicole Heller. Climate
18, 20 and 21. Central. “The Heat Is On: U.S. Temperature Trends.” June 2012 at
5.
16 Dominion Energy (SEC 10-K 2017) at 38 and 39. Large power
plants included any complexes with 250 megawatts of capacity 37 U.S. Environmental Protection Agency (EPA). “What Climate
or more. Change Means for Virginia.” EPA 430-F-16-048. August 2016 at 1
to 2.
17 Dominion Energy (SEC 10-K 2017) at 14, 22 and 38 to 39. Domin-
ion sells power on the PJM Interconnection, California Inde- 38 Gutierrez, Benjamin, S. Jeffress Williams and E. Robert Thieler.
pendent Service Operator, Midcontinent Independent Service U.S. Department of the Interior and U.S. Geological Survey.
Operator and the Independent Service Operator New England. “Potential for Shoreline Changes Due to Sea-Level Rise Along
the U.S. Mid-Atlantic Region: U.S. Geological Survey Open-File
18 Dominion Energy (SEC 10-K 2017) at 8; “Top utility companies in
Report 2007-1278.” 2007 at 12.
US.” Compelo Energy. August 20, 2017.
39 Spanger-Siegfried, Erika et al. Union of Concerned Scientists.
19 Dominion Energy (SEC 10-K 2017) at 38 and 39.
“When Rising Seas Hit Home: Hard Choices Ahead for Hundreds
20 Ibid. of U.S. Coastal Communities.” July 2017 at 1, 25 and Figure 11.
21 Dominion Energy (SEC 10-K 2017) at 25; Geiger, Jacob. “Domin- 40 Trenberth, Kevin E., John T. Fasullo and Theodore G. Shepherd.
ion plans to build natural gas power plant in Southside.” Rich- “Attribution of climate extreme events.” Nature Climate Change.
mond Times-Dispatch. March 26, 2015; Zullo, Robert. “Southside Vol. 5. August 2015 at 725 to 727.
celebrates groundbreaking of second Dominion natural gas
41 EPA (2016) at 2.
plant.” Richmond Times-Dispatch. December 1, 2016; Food &
Water Watch analysis of U.S. Census Bureau. 2016 American 42 National Oceanic and Atmospheric Administration. “Service As-
Community Survey Data. “Demographic and Housing Estimates” sessment: Hurricane Isabel September 18-19, 2003.” May 2004
and “Selected Economic Characteristics.” Available at https:// at 2, 3 and 5.
factfinder.census.gov/faces/nav/jsf/pages/index.xhtml. 43 Boon, John, Harry Wang and Jian Shen. Virginia Institute for Ma-
Accessed August 2018. rine Science. “Planning for Sea Level Rise and Coastal Flooding.”
22 Oil Change International. “The Sky’s Limit: Why the Paris Climate October 2008 at 2; Boon, J. D. “Isabel’s Silent Partners: Seasonal
Goals Require a Managed Decline of Fossil Fuel Production.” and Secular Sea Level Change.” 2005 at 49. In Sellner, Kevin G.
September 2016 at 20; Drijfhout, Sybren et al. “Catalogue of and Nina Fisher (Eds.). Hurricane Isabel in Perspective: Proceed-
abrupt shifts in Intergovernmental Panel on Climate Change cli- ings of a Conference. Chesapeake Research Consortium.
mate models.” Proceedings of the National Academy of Sciences.
October 12, 2015 at E5778 and E5784.
144 Martz (“Dominion rules, part two: ‘Attacked the messenger.’” 177 Dominion Energy (SEC 10-K 2017) at 8.
2017). 178 Ibid. at 16, 20, 24 and Exhibit 21; Questar Gas Company. SEC
145 “Dominion’s power in megawatt lobbying.” Norfolk Virginian- 10-K. Fiscal year ending December 31, 2017 at 4 and 6; Shale XP.
Pilot. February 26, 2007; Ress (November 21, 2014). Oil & Gas Operator: Wexpro Company and Wexpro II Company.
Available at www.shalexp.com/wexpro-company and www.
146 Martz (“Dominion rules, part two: ‘They’re not the problem.’” shalexp.com/wexpro-ii-company. Accessed September 2018.
2017).
179 Downey, John. “Could Duke Energy’s Atlantic Coast Pipeline
147 Kumar, Anita. “Dominion Va. customers are bracing for bigger investment be riskier than it looks?” Charlotte Business Journal.
bills.” Washington Post. June 15, 2008. November 12, 2015.
148 Martz (“Dominion rules, part two: ‘Attacked the messenger.’” 180 Gottlieb, Barbara. “From Flint to fracking, EPA can learn from its
2017). mistakes.” The Hill. March 23, 2016; Frazier, Reid. “Pennsylvania
149 Martz (“Dominion rules, part two: ‘They’re not the problem.’” confirms first fracking-related earthquakes.” The Allegheny Front.
2017); Fiske and Nuckols (January 21, 2007); Fiske, Warren and February 18, 2017; Jackson, Robert B. et al. “Natural gas pipeline
Christina Nuckols. “Power switch.” Norfolk Virginian-Pilot. Febru- leaks across Washington, DC.” Environmental Science & Technol-
ary 7, 2007. ogy. Vol. 48, Iss. 3. January 2014 at 2051; Troutman, Melissa
More Food & Water Watch Research on Energy and the Environment