L
EGACY Yesterday. Today. Tomorrow.
WEDNESDAYS • April 7, 2021
INSIDE VADOC expands drug treatment - 2 Reviewing American Rescue Plan- 4 What it means to be truly obligated - 5
Richmond & Hampton Roads
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Call for paradigm shift in school-to-prison pipeline CHRISTINA AMANO DOLAN
CNS — Schools have become places of trauma for students of color and help reinforce centuries of systemic racism by driving students into the criminal justice system, according to speakers at a recent University of Richmond symposium. The UR School of Law hosted a six-hour event via Zoom with four presentations, nine panelists and over 200 attendees. The event featured UR law students, educators, social justice advocates and activists. Suspension and expulsion are used disproportionately against Black students, other students of color and those with disabilities, according to the U.S. Department of Education. Those punishments, along with arrests at school, often lead to students having a criminal record, according to the NAACP. The trend is known as the school-toprison pipeline. Julie McConnell, a UR law professor, said the origins of the school-to-prison pipeline is decades old. McConnell is the director of the university’s Children’s Defense Clinic, a program where law students represent indigent children in court. The school-to-prison pipeline has been an issue for many years, but it began to take hold during the “superpredator era” in the 1990s, following incidents such as the Columbine High School shooting, McConnell said. The superpredator theory centered around fear there was going to be a wave of violent
kids threatening communities and schools. The theory popularized strict zero tolerance policies in schools. “We would automatically suspend and expel kids who got in trouble in school for very minor offenses in many cases,” McConnell said. She referenced a 2015 incident in South Carolina when a school resource officer tossed a student across a classroom after she refused to surrender her cellphone. Zero tolerance policies mandate predetermined punishments for certain offenses in schools, including the possession of a weapon, alcohol or drugs, according to Shared Justice. Minor offenses often punishable by suspension or expulsion include disorderly conduct and insubordination. McConnell and other speakers discussed how punitive policies often drive students into incarceration, as some offenses previously handled within schools
are now dealt with by juvenile courts. McConnell said suspending minors results in higher rates of dropout, mental health problems, delinquency and substance abuse issues. Virginia lawmakers have worked to return punishment back to the schools. Sen. Jennifer McClellan, D-Richmond, sponsored two measures that passed the Virginia General Assembly last year. Students cannot be charged with disorderly conduct during school, on buses or at school-sponsored events. School principals no longer have to report student acts that constitute a misdemeanor to law enforcement, such as an assault on school property, including on a bus or at a school-sponsored event. Valerie Slater, executive director for the RISE for Youth Coalition, said there are disproportionate rates of suspension in Virginia. RISE for Youth is a campaign focused on dismantling the youth
prison model. Black youths from ages 15 to 17 made up 21 percent of the state’s overall population during the 2016-2017 school year, but they accounted for 57 percent of youths suspended statewide, according to a 2019 Commonwealth Institute for Fiscal Analysis and RISE for Youth report. Black teens also made up 49% percent of Virginia minors reported to juvenile courts by school authorities and 54 percent of minors detained in local jails, according to the same report. The country’s history of racial bias and discriminatory practices have enabled the school-to-prison pipeline, speakers said. One panel focused on Richmond’s history of segregated housing trends, such as the illegal practice of redlining. That is when creditworthy applicants are denied housing loans based on the applicants’ race or neighborhood where they lived. White students as a result were concentrated in wealthier suburban areas and Black students in underprivileged urban centers, said panelist Genevieve Siegel-Hawley, an associate professor of educational leadership at Virginia Commonwealth University. “We can easily see the vestiges of this history just in the way that we assign students to schools,” said panelist Kathy Mendes, a research assistant at the Commonwealth Institute for Fiscal Analysis. Mendes said children of color from under-resourced areas often attend
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2 • April 7, 2021
VADOC continues to expand its medication assisted treatment reentry program to curb substance abuse The Virginia Department of Corrections has initiated the use of Buprenorphine in select Community Corrections Alternative Programs (CCAPs) to expand the department’s Medication Assisted Treatment Reentry Initiative (MATRI) and provide an additional treatment option for probationers with opioid use disorder. The Buprenorphine Pilot Program allows male probationers at Stafford and Brunswick CCAPs and female probationers at Chesterfield CCAP who are on Suboxone or other Buprenorphine products in the community or jail to continue Suboxone treatment in the CCAPs. “We are excited to further grow the MATRI Program as we work to provide more pathways to success for inmates and probationers,” said Virginia Department of Corrections (VADOC) Director Harold Clarke (pictured). “The Buprenorphine Pilot Program allows CCAP probationers to participate without a pause in substance abuse treatment and hopefully complete the program with greater results.”
The original MATRI program launched in 2018 and provided opioid addicted inmates releasing to designated locations with prerelease treatment utilizing naltrexone (Vivitrol) and post-release referral, treatment and support. In September of 2020, the program expanded to include additional release locations and pilot sites including all CCAP locations. Early results have shown the program to be successful at promoting recovery in motivated individuals. The Substance Abuse and Mental Health Services Administration’s (SAMHSA) State Opioid Response (SOR) Grant, of which VADOC is a sub-recipient and partner with Department of Behavioral Health & Developmental Services, makes this current expansion possible. The additional treatment option allows VADOC to better serve opioid-dependent probationers transferring from the community or local
jails into Community Corrections Alternative Programs, which are sentencing options for those convicted of non-violent crimes that emphasize re-entry and transitional services. “When a probationer transfers into one of the pilot sites already on a prescribed regimen of medication assisted treatment, we are now able to continue them on their medication,” said Statewide MAT Coordinator Michael Fatula. “In addition, we will continue to provide intensive substance use programming which leads to the best outcomes for probationers diagnosed with opioid use disorder.” In addition to the Buprenorphine program expansion, VADOC continues to implement the Narcan/Naloxone take home initiative at the MATRI pilot sites, which provides individuals at risk for overdose with the necessary training and products to treat an opioid overdose.
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kids, and they’re not graduating, and they’re ending up in such horrible conditions, then eventually they will end up a victim of street violence.” Educator bias against students of color needs to be eliminated, Robinson said. He said teachers should understand how their privilege may affect how they view students. Valerie L’Herrou, a Virginia Poverty Law Center staff attorney, said she feels “hopeful” about recent racial justice protests. L’Herrou said the protests showed more people are open to reexamining their privilege and role in maintaining racist structures. Siegel-Hawley and other speakers proposed altering schools’ rezoning criteria in order to fully desegregate Richmond communities. Slater encouraged leaders to focus on the “roots” over the “symptoms” of the schoolto-prison pipeline, and to create programs to permanently rehabilitate children and communities. Educational funding needs to be equally distributed throughout the commonwealth, Slater said. She also proposed expanding the definition of school resource officers to include other forms of support such as credible messengers. Credible messengers are individuals who have passed through the justice system, transformed their lives and provide preventative support to at-risk youth, according to the Department of Youth Rehabilitation Services. “It is time for a paradigm shift in Virginia,” Slater said. “It is time to realize that a healthy, thriving community is the greatest deterrent to justice system involvement.”
schools with insufficient resources. Panelist Rachael Deane, legal director of Legal Aid Justice Center’s JustChildren program, said communities of color are “incredibly overpoliced.” Community policing of these areas spills into schools, exposing children of color to constant surveillance by school resource officers, Deane said. Heavy policing in schools does not effectively prevent juvenile delinquency, speakers said. Zero tolerance policies fail to consider the mental well-being of disadvantaged children. Children with behavioral problems may experience external stressors such as high rates of neighborhood crime, domestic violence and extreme poverty. “If you never got into the issue of why a student was fighting, then you are doing nothing but delaying another fight after suspending them,” said Rodney Robinson, winner of the 2019 National Teacher of the Year award. Robinson is a 19-year teaching veteran of Richmond Public Schools. Schools need to replace school resource officers with mental health counselors, and teach students how to cope with trauma rather than driving them out of schools, Robinson said. Robinson said he witnessed the severity of the school-to-prison pipeline issue while teaching convicted juveniles at Virgie Binford Education Center. He said there is a need for reformative school programs. “To me it wasn’t about the school-to-prison pipeline, it’s a school-to-cemetery pipeline,” Robinson said. “Because if you’re failing these
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4 • April 7, 2021
Op/Ed & Letters
The American Rescue Plan — Changing the course of the pandemic for all Americans REP. JAMES CLYBURN It has been a little more than a year since COVID-19 was officially discovered within the boundaries of the United States. It has been devastating to communities of color. The statistics are sobering. Blacks represent only 13-percent of the U.S. population, but account for nearly 24-percent of age-adjusted COVID-19 deaths. In January, nine percent of Black workers or 1.8 million people in our communities were unemployed. One in five Black households are struggling with food insufficiency, and more than a third of Black renters are behind on their rent payments. President Joe Biden has responded to this world-wide pandemic with The American Rescue Plan (ARP) which he signed into law last month, just 51 days
after he took office. The ARP will help change the course of the pandemic and deliver immediate relief for hard-hit communities of color. This transformative law
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P.T. Hoffsteader, Esq.
April 7, 2021 • 5
Obligations
(from page 4) invests in a national vaccination program and the safe reopening of schools. It distributes $360 billion in emergency funding for state and local governments to keep front line public workers on the job and help maintain essential services. These targeted investments will directly benefit your communities and help them return safely to normal. The ARP also provides direct benefits for you and your family. It delivers immediate relief to families by devoting $1 trillion towards economic recovery for working families including direct relief payments, extension of unemployment insurance benefits, increasing child and earned income tax credits, and increasing SNAP benefits. Many of you may have already received the $1,400 direct payment per eligible member of your household. Because of misinformation that is being shared via social media, I want to clarify that this is the second of two payments. The first $600 payments per eligible person were distributed in December and January. These two direct payments deliver on the $2,000 per person in pandemic relief that Democrats campaigned on last November. The American Rescue Plan also addresses inequities in access to
pandemic resources by making significant investments into small, Black businesses by providing $50 billion for new and existing small business relief programs. This legislation bolsters the Paycheck Protection Program with an additional $7.25 billion in funding to support small businesses and nonprofits that were previously excluded. It allocates $15 billion in flexible grants to help the smallest; most severely impacted businesses persevere through the pandemic. It deploys community navigators to increase awareness of and participation in COVID-19 relief programs for small business owners who currently lack access, especially underserved entrepreneurs without banking relationships, lawyers, accountants, and consultants. And, it provides $28 billion for a new grant program to revitalize hard-hit small restaurants and other food and drinking establishments. The American Rescue Plan is the first piece of legislation passed by the 117th Congress and signed by President Biden to rescue our economy and repair some of our faults that are being exasperated by COVID-19. On March 30th President Biden rolled out his American Jobs Plan. That plan proposes to: Fix highways, rebuild
bridges, upgrade ports, airports and transit systems; deliver clean drinking water, a renewed electric grid, and high-speed broadband to all Americans; build, preserve, and retrofit more than two million homes and commercial buildings, modernize our nation’s schools and child care facilities, and upgrade veterans’ hospitals and federal buildings. These actions demonstrate President Biden’s and Congressional Democrats’ commitment to building America back better than it was before the virus visited. This is not the end of his build back better plan. There is a third iteration on the way. During his victory speech last November, President Biden pledged to always have the backs of the African American community. We will continue fighting to ensure that, in the short term, Black communities have access to all the tools necessary to recover from the economic and personal devastation wrought by this pandemic; and in the long term, address the impacts of historic disparate treatment against communities of color. U.S. Congressman Clyburn is a Democrat representing South Carolina’s 6th District.
What is left after we are unable or refuse to fulfill our officeholder responsibilities? How do we rebound from this failure, or will it be too late? I believe if a person does not meet their obligations, they should resign, or seek employment where having extraordinary responsibilities is not required. This way they will not have to answer to anyone. These people must be truthful, honorable, have integrity: be dignified, rational, intelligent, keen, courageous, and firm. These will give one the capability to enforce, administer the Law, Rules, Regulations, Guidelines, & punishment equally and exemplary. This is what it means to be obligated to your obligations even if it is a friend, family, colleague, or the person you are racist against. Patrick Christian
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NOTICE TO THE PUBLIC OF A PETITION BY VIRGINIA ELECTRIC AND POWER COMPANY FOR APPROVAL OF A RATE ADJUSTMENT CLAUSE, DESIGNATED RIDER CCR, FOR THE RECOVERY OF COSTS INCURRED TO COMPLY WITH § 10.1-1402.03 OF THE CODE OF VIRGINIA, PURSUANT TO VIRGINIA CODE § 56-585.1 A 5 e CASE NO. PUR-2021-00045 •Dominion Energy Virginia (“Dominion”) has applied for approval of a rate adjustment clause, designated Rider CCR, for recovery of costs incurred to comply with state and federal environmental regulations. •Dominion requests a revenue requirement of $216.146 million for its 2021 Rider CCR. According to Dominion, this amount would increase the bill of a residential customer using 1,000 kilowatt hours per month by $2.95. •Due to the ongoing public health emergency related to the spread of the coronavirus, or COVID-19, a Hearing Examiner appointed by the Commission will hold a telephonic hearing in this case on July 27, 2021, at 10 a.m., for the receipt of public witness testimony. •A Hearing Examiner will hold an evidentiary hearing in this case on July 27, 2021, after the receipt of public witness testimony. •Further information about this case is available on the SCC website at: scc.virginia.gov/case. On February 26, 2021, pursuant to § 56-585.1 A 5 of the Code of Virginia (“Code”) and the State Corporation Commission’s (“Commission”) Rules Governing Utility Rate Applications and Annual Informational Filings of Investor-Owned Electric Utilities, Virginia Electric and Power Company d/b/a Dominion Energy Virginia (“Dominion” or “Company”) filed with the Commission its petition requesting approval of a rate adjustment clause, designated Rider Coal Combustion Residuals (“Rider CCR”), for the recovery of costs incurred to comply with Virginia Senate Bill 1355 (“SB 1355”), codified as Code § 10.1-1402.03 (“Petition”). In its Petition, the Company seeks cost recovery for certain environmental projects involving coal combustion residual (“CCR”) removal (collectively, “CCR Projects”) located at the Company’s Bremo Power Station, Chesterfield Power Station, Possum Point Power Station, and Chesapeake Energy Center (collectively, “Power Stations”). According to the Company, the CCR Projects are required for the Company to comply with SB 1355. The Company states that, prior to enactment of SB 1355, the Company initially planned to cap and close in place the CCR storage facilities at each Power Station, consistent with federal and state regulations. In 2019, however, the General Assembly passed SB 1355, which requires the Company to remove all CCR from the current storage locations and either beneficially reuse it or move it to a qualified landfill. The Company states that, to comply with SB 1355, the Company is required to (i) remove all CCR from the storage units at each Power Station in accordance with applicable standards established by the Virginia Solid Waste Management Regulations and either (a) beneficially reuse all such CCR in a recycling process for encapsulated beneficial use, or (b) dispose of the CCR in a permitted landfill as directed in facilities that meet federal Criteria for Municipal Solid Waste Landfills standards; (ii) beneficiate at least 6.8 million cubic yards of CCR from at least two of the Power Stations; (iii) develop a transportation plan in coordination with local governments impacted by the transport of CCR as directed; (iv) identify options for utilizing and prioritizing hiring of local workers, and advance the Commonwealth’s workforce goals; and (v) compile reports detailing the Company’s closure plan and progress as directed in the statute. In this proceeding, Dominion asks the Commission to approve Rider CCR for the rate year beginning December 1, 2021, and ending November 30, 2022 (“Rate Year”). The Company states that the two key components of the revenue requirement are the Projected Cost Recovery Factor and the Actual Cost True-Up Factor. The Company requests a Projected Cost Recovery Factor of $216.146 million on a Virginia jurisdictional basis, which includes amortization over the Rate Year of certain deferred costs (including financing costs) incurred prior to the beginning of the Rate Year, and the projected monthly cash expenditures attributable to the CCR Projects. The Company requests an Actual Cost True-Up Factor revenue requirement of $0. Accordingly, the total Rider CCR revenue requirement requested for recovery during the Rate Year is $216.146 million. For purposes of calculating the Rate Year projected revenue requirement, the Company utilizes a general rate of return on common equity of 9.2%, per the Commission’s Final Order in Case No. PUR-2019-00050. According to the Petition, the Rider CCR rate will be billed on a cents per kilowatt-hour (“kWh”) basis, which will apply to each Company rate schedule or special contract approved by the Commission pursuant to Code § 56-235.2. Pursuant to Code § 10.1-1402.03, the Company has allocated costs of the CCR Projects to all Virginia customers as a non-bypassable charge, irrespective of the generation supplier of any such customer. If the proposed Rider CCR for the Rate Year is approved, the impact on customer bills would depend on the customer’s rate schedule and usage. The Company states that implementation of the proposed Rider CCR on December 1, 2021, would increase the monthly bill of a residential customer using 1,000 kWh per month by $2.95. Interested persons are encouraged to review the Petition and supporting documents for the details of these and other proposals. TAKE NOTICE that the Commission may apportion revenues among customer classes and/or design rates in a manner differing from that shown in the Petition and supporting documents and thus may adopt rates that differ from those appearing in the Company’s Petition and supporting documents. The Commission entered an Order for Notice and Hearing that, among other things, scheduled public hearings on the Petition. On July 27, 2021, at 10 a.m., the Commission will hold a telephonic hearing, with no witness present in the Commission’s courtroom, for the purpose of receiving the testimony of public witnesses. On or before July 23, 2021, any person desiring to offer testimony as a public witness shall provide to the Commission (a) your name, and (b) the telephone number that you wish the Commission to call during the hearing to receive your testimony. This information may be provided to the Commission in three ways: (i) by filling out a form on the Commission’s website at scc.virginia.gov/pages/Webcasting; (ii) by completing and emailing the PDF version of this form to SCCInfo@scc.virginia. gov; or (iii) by calling (804) 371-9141. This public witness hearing will be webcast at scc.virginia.gov/pages/Webcasting. On July 27, 2021, after the receipt of public witness testimony, either in the Commission’s second floor courtroom located in the Tyler Building, 1300 East Main Street, Richmond, Virginia 23219, or by electronic means, the Commission will convene a hearing to receive testimony and evidence related to the Petition from the Company, any respondents, and the Commission’s Staff. Further details on this hearing will be provided by subsequent Commission Order or Hearing Examiner’s Ruling. The Commission has taken judicial notice of the ongoing public health emergency related to the spread of the coronavirus, or COVID-19, and the declarations of emergency issued at both the state and federal levels. 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. For the duration of the COVID-19 emergency, 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 Commission’s Rules of Practice, the Commission has directed that service on parties and Staff in this matter shall be accomplished by electronic means. Please refer to the Commission’s Order for Notice and Hearing for further instructions concerning Confidential or Extraordinarily Sensitive Information. An electronic copy of the Company’s Petition may be viewed on the Commission’s website or may be obtained by submitting a 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. On or before July 27, 2021, any interested person may file comments on the Petition by following the instructions on the Commission’s website: scc.virginia.gov/casecomments/Submit-Public-Comments or by filing such comments with the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All such comments shall refer to Case No. PUR-2021-00045. On or before May 14, 2021, any interested person or entity may participate as a respondent by filing, with the Clerk of the Commission at the address above or scc.virginia.gov/clk/efiling/, a notice of participation in accordance with the Commission’s Rules of Practice. Notices of participation shall include the email addresses of the party or its counsel. The respondent simultaneously shall serve a copy of the notice of participation on counsel to the Company. Pursuant to 5 VAC 5-20-80 B, Participation as a respondent, of the Commission’s 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 5 VAC 5-20-30, Counsel, of the Rules of Practice. All filings shall refer to Case No. PUR-2021-00045. For additional information about participation as a respondent, any person or entity should obtain a copy of the Commission’s Order for Notice and Hearing. On or before June 17, 2021, each respondent may file with the Clerk of the Commission and serve on the Staff, the Company, and all other respondents, any testimony and exhibits by which the respondent expects to establish its case, and each witness’s testimony shall include a summary not to exceed one page. In all filings, respondents shall comply with the Commission’s 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-2021-00045. 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. The Company’s Petition, 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
Actions
Speak
Louder Words have value, especially when they are used to make a promise. But the most important thing about a promise is the action you take afterward. At Dominion Energy, we believe in taking action – to deliver on our commitment to help people, communities, and the environment.
COVID-19 Response and Support In response to the pandemic’s economic impact, Dominion Energy has stepped up to meet the needs of our customers. We suspended all service disconnections for non-payment to provide uninterrupted, reliable service 24/7. We have given more than $1 million to support coronavirus relief efforts by the American Red Cross and other nonprofits, to help our communities in need.
Social Justice and Higher Education At Dominion Energy, we believe higher education is critical to addressing centuries of institutional racism. That is why we have committed $35 million to our initiative supporting historically Black colleges and universities, and to minority student scholarships. In addition, we have allocated another $5 million to promote social justice and community building.
Solar and Wind Energy To build a cleaner energy future, we have added more than 3.6 million solar panels throughout Virginia, helping to make us America’s third largest in solar. In addition, we are developing the largest offshore wind project in the U.S., which will produce enough energy to power up to 660,000 homes by 2026.
EnergyShare® For years, our EnergyShare® program has helped our neighbors across Virginia, assisting individuals and their families with bill payment and energy saving upgrades. As of today, the program has helped more than 858,000 people. In 2020, we expanded the EnergyShare® program to assist those impacted by the coronavirus with an additional $500,000 to help provide energy bill relief for small businesses, nonprofits, and houses of worship throughout Virginia.
Lower Rates And to help residential customers, we have kept our rates more than 10%* below the national average.
Turning promises into reality is what defines us. That is why we are proud to invest in what we believe in, and what we know is
*Source: U.S. Energy Information Administration, as of 1/26/2021