Clean Virginia dispute over Dominion-NextEra merger information heads to SCC hearing

RICHMOND, Va. — Arguments over Clean Virginia's motion to compel in the proposed merger between Dominion Energy and NextEra will be heard in public for the first time Tuesday.

At issue is whether NextEra must provide additional information requested by Clean Virginia as the State Corporation Commission considers the proposed $67 billion sale of Dominion Energy.

The dispute began with a series of discovery questions from the energy advocacy group, including questions about how promises made as part of the deal would be enforced.

In the Motion to Compel filing, Clean Virginia argues that enforcement is critical when evaluating conditions attached to the merger.

"A condition is meaningful only if its violation carries consequences," the group said.

In an SCC filing, NextEra initially called that question hypothetical. The company later acknowledged regulators could enforce conditions.

The filings also show a dispute over information about NextEra's previous utility acquisition attempts. In response to Clean Virginia, NextEra disclosed it spent $23.6 million on Santee Cooper and $2.6 million on JEA, but says none of those costs were borne by Florida Power and Light customers.

"Costs incurred by NextEra and its subsidiaries in pursuing the acquisition of Santee Cooper and JEA were $23.6 million and $2.6 million, respectively."

NextEra and Dominion say they have answered more than 1,600 discovery questions. Clean Virginia says the specific questions in its motion to compel remain unresolved.

Clean Virginia President Brennan Gilmore said the group needs more than assurances from the companies involved.

"We need facts, and we can't take them at their word that everything is going to be okay if this merger goes forward," Gilmore said.

The SCC hearing examiner has set oral arguments on the motion to compel for September 22. It will be the first time both sides present their arguments orally in a public setting.

At stake is how much information Virginia regulators and the public will have before a decision is made on a deal that could reshape the state's electricity landscape. A ruling on the proposed merger is expected in January.

This is a developing story, so check back with WTVR.com for updates. Email the CBS 6 Newsroom if you have info, photos or videos to share.