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EGACY
INSIDE
• SCOVA decision blocks Walmart-2 • Hampton wins Census challenge - 3 • Time to embrace prison returnees- 4
Yesterday. Today. Tomorrow.
WEDNESDAYS • July 15, 2020
Right: Hampton Mayor Tuck
Richmond & Hampton Roads
LEGACYNEWSPAPER.COM • FREE
As Confederate symbols come down, a Richmond church is removing its own, and leaving BLM graffiti EGAN MILLARD
ENS - Richmond, Virginia, the capital of the Confederate States of America for most of its existence, is removing the Confederate monuments that have stood guard over its squares and streets for about a century. The street in front of City Hall now proclaims “BLACK LIVES MATTER” in giant yellow letters. And at the church once known as the Cathedral of the Confederacy, memorials to Confederate figures have been removed, while phrases like “I Can’t Breathe” and the names of George Floyd and Breonna Taylor are spray-painted on the front steps – graffiti done after a Black Lives Matter march that the church is intentionally leaving there indefinitely. All of that sends a message, said the Rev. Charles Dupree, that “something’s got to change.” Dupree is the rector of St. Paul’s Episcopal Church in downtown Richmond, a parish that has been at the center of debates around Confederate symbols in churches for years. The church began removing some of its Confederate memorials several years ago and recently removed more. At the same time, church leaders decided not to paint over the Black Lives Matter graffiti, at least for the time being, because they see it as “a meaningful statement, and that it was what we ought to do, considering our own history,” said Dupree. The church gained its nickname from its strong association with the Confederacy – the group of states that seceded from the Union, igniting the Civil War – during the time Richmond served as its capital, and in the decades afterward. Jefferson Davis, president of the Confederacy, was among its members; he and Confederate General Robert E. Lee worshiped there. The pews where they sat were marked with plaques in their memory, stained glass windows were dedicated to them and
This plaque honoring Jefferson Davis was one of the Confederate memorials removed from St. Paul’s in 2015. Courtesy photo the Confederate legacy was honored throughout the church in the form of memorial plaques on the sanctuary walls, some of which were adorned with the Confederate battle flag. That started to change in 2015, in the aftermath of the massacre of nine African Americans by a white supremacist at Emanuel African Methodist Episcopal Church in Charleston, South Carolina. St. Paul’s launched the History & Reconciliation Initiative to examine the church’s legacy of white supremacy, including the decorative elements in
the building that honored it. Though the HRI’s work went far beyond discussions of symbols, in that same year the vestry voted to remove all memorial plaques with Confederate battle flags on them. The Rev. Melanie Mullen, The Episcopal Church’s director of reconciliation, justice and creation care, was serving at St. Paul’s during that time, and remembers the “cognitive dissonance” she felt as a black woman in that space. “It is a fabulous parish with wonderful liberal folks who are … big purveyors of racial justice, who since the ‘70s had stuck their necks out” on issues like integration and LGBTQ rights, Mullen said. “And yet worshiped in a place that received thousands of visitors a year who only wanted to look at the plaques. And they were everywhere. There were Confederate battle flags, there were needlepoint ‘stars and bars.’ “This is a church that really struggled to figure out what to do with its history and went through a deliberate process.” Several weeks ago, the church found itself deciding what to do about some very different race-related symbols: graffiti that was done on the front steps during a Black Lives Matter march on May 30. The church is adjacent to the Virginia Capitol, so marches often pass by it. The next day – Pentecost Sunday – Dupree went to the church to celebrate the livestream service and saw that buildings up and down the street had been tagged, including the church. “The Episcopal Church is so protective of our buildings,” said Dupree, “so that when we see it in any way other than we expect, it’s unsettling.” But statements like “I can’t breathe” and the names of African Americans killed by police didn’t strike Dupree and other church leaders as obscene or offensive, and they agreed that it didn’t seem
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The LEGACY
2 • July 15, 2020
Virginia Supreme Court upholds decision blocking Walmart from electricity choice SARAH VOGELSONG VM - The Supreme Court of Virginia quashed Walmart’s effort to buy energy from companies other than state utilities Dominion and Appalachian Power Company last week when it upheld an earlier decision by the State Corporation Commission blocking such an attempt. “Despite its ostensible complexity, this case boils down to a simple conclusion: The commission believed that now is not a good time to grant these petitions,” the court concluded in an opinion penned by Justice Arthur Kelsey. The ruling brings to an end yet another chapter in the long-running saga of companies seeking to buy their electricity in Virginia from nonutility providers by taking advantage of three loopholes in state code allowing retail choice. Two of these loopholes are straightforward. One allows any customer that uses more than five megawatts of power to exit the utility’s customer pool. Another allows customers to buy “100 percent
renewable energy” from third-party providers as long as the utility doesn’t offer the same thing. The latter loophole is rapidly closing: Appalachian Power has had a fully renewable option on its books since 2019, and regulators earlier this month approved a similar offering from Dominion. The third loophole, which was under examination in the Walmart
case, allows a customer with multiple sites in Virginia that collectively use more than five megawatts of electricity to combine those loads and buy energy from a non-utility if doing so doesn’t harm remaining customers or go against the public interest. Beginning in December 2017, Walmart sought to do just that at more than 160 stores using about 91 megawatts of electricity across both Dominion and Appalachian Power territory. State regulators, however, denied their request. Letting Walmart leave the utilities’ customer pools, they found, would on average increase monthly bills by 13 cents for remaining Dominion ratepayers and 5 cents for Appalachian Power ratepayers, while shifting $65 million in costs to Dominion customers and $4 million to Appalachian Power customers over the next decade and potentially affecting possible customer refunds. “Given the context of a decade of rising rates and the likelihood of even higher rates in the future, we do not find it consistent with the public interest for captive customers who do not have the legal ability to obtain lower rates — predominantly residential and small business — to suffer from the cost-shifting
identified herein by enabling a large-demand customer to seek its power supply elsewhere through aggregation,” the State Corporation Commission ruled. After its defeat, Walmart asked regulators to reconsider a scaleddown version of its original request, but the commission rejected their request. Walmart subsequently appealed to the Supreme Court of Virginia. Walmart contended that the SCC’s understanding of the “public interest” wasn’t aligned with the General Assembly’s intent in crafting the code’s loopholes to let large retail customers get their electricity from third-party providers. The effects to other customers of letting Walmart exit the pool were minimal, the company said: only 5 to 13 cents on the average monthly bill. By construing any negative effect on bills as being against the public interest, Walmart maintained, the State Corporation Commission was effectively barring any customer from taking advantage of the third loophole. But the Supreme Court rejected that argument, calling it “a tightly constructed syllogism” that “might be persuasive if (the code subsection) were the only relevant statutory language informing us of the General Assembly’s intent. But it is not.” Instead, state code makes it clear that in the case of the third loophole, the commission has the discretion to do as it sees best in individual circumstances, Justice Kelsey found. And in the Walmart case, “the commission examined the benefit-burden equation in the larger context in which it plays itself out,” determining that within the broader context of a decade of rising rates and expected additional increases, it would not be in the public interest to grant this petition.” The court also ruled that recent legislation establishing a retail choice pilot program in Dominion territory that went into effect July 1 had no bearing on the case.
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(from page 1) right to remove them — especially since the stairs have become a makeshift memorial, with people leaving flowers next to the names. “These are important marks; these are important statements and we need to leave them there,” Dupree said. “It’s just an important conversation that can’t be washed away anymore. And literally, that’s what would happen. We would have to scrub this away or wash it away and take a lot of effort to get rid of this conversation. And so I think it’s really important that these names, these people are on our steps that we have to walk by, and that people have to see every single day. And that message of ‘I can’t breathe’ –
we want everybody to be able to breathe.” The theme of breath – and the loss of it – even worked its way into Dupree’s sermon for Pentecost, which “directly connects the idea of breath – the breath of Pentecost, which gives new life – to the idea of ‘I can’t breathe,’ and life being taken away from some people.” Dupree said most parishioners that he’s heard from have been supportive of the decision to leave the graffiti for now. There are no plans to remove it for the foreseeable future, he said. Meanwhile, in Richmond and in the church, Confederate symbols continue to come down. On July 1, Richmond Mayor Levar Stoney ordered the immediate removal of city-owned Confederate statues,
although the most prominent one – a monument to Robert E. Lee – is still standing. It is on state land and a judge has temporarily blocked Gov. Ralph Northam from removing it. And St. Paul’s has re-examined the ways in which Confederate symbols still appear in the church. On June 14, the vestry voted to remove seven plaques “associated with the Lost Cause era and ideology” and rededicate the stained-glass windows that were installed as memorials to Robert E. Lee and Jefferson Davis. Although the windows and plaques do not contain battle flags or other obvious Confederate imagery, they are memorials to Davis, Lee and their families. “We are living in a unique time in history that invites us to continue
July 15, 2020 • 3
the self-examination of St. Paul’s racial history, and the intentional process of uncovering the suppressed realities of our past – not to erase history, but to learn from it,” the vestry wrote to the parish. Lee and Davis “were explicit in glorifying the racial regime behind the Confederacy, and the subsequent society that perpetuated its racial views. It is these memorials that were created specifically to perpetuate the Lost Cause ideologies that we have decided to remove.” Dupree hopes it will be another step in the parish’s journey away from being the “Cathedral of the Confederacy.” “Considering the church’s history, we’re really trying to change that narrative,” he said.
Hampton, Newport News boost Census responses during Mayors’ Challenge; Hampton gets the win In late May, Newport News and Hampton joined forces to encourage people to respond to the 2020 Census. The Mayors’ Challenge, a friendly competition to see which city could get more residents to fill out their Census forms, ended in a close race and wins for both cities. Each city increased the number of Census responses by 1.3 percent during the challenge. Since Hampton was ahead at the beginning of the competition, Mayor Donnie Tuck takes the title and is the winner of juicy James River oysters, courtesy of Mayor McKinley Price. The Hampton blue crabs Mayor Tuck wagered are spared. To date, 64 percent of Hampton’s residents have filled out their Census forms versus 61.9 percent in Newport News. “I want to thank the Hampton team and residents who enabled us to finish ahead of Newport News in our Census Challenge,” said Mayor Tuck. “Hampton has a history of rising to meet challenges, and therefore, I knew my having to relinquish a dozen of our finest
crabs to Mayor Price was never in doubt. Now I am hopeful that both cities can sustain our momentum as we strive for a ‘Complete Census Count.’” While Hampton was the overall winner, Newport News is a larger city and more of their residents responded to the Census during the challenge period. Newport News saw 2,330 additional households complete the Census, while Hampton
increased their number by 1,748. “Congratulations to Hampton and Mayor Tuck for winning our 2020 Census Challenge,” said Mayor McKinley L. Price. “While it’s never fun to admit defeat, I will gladly give up oysters if it means our cities are counted in the Census. Thanks to the Newport News residents who responded and helped us lead in the number of households that completed the Census during the
Challenge. Let’s keep pushing forward to shape the future of our great cities – respond to the Census and be counted!” The entire area gets a boost from this friendly competition. The Census count determines the official population, which plays a large part in the distribution of federal dollars for the next 10 years. For every resident, cities can get up to $2,000 per year (or $20,000 over the decade) in federal spending for such things as programs for children, education, and seniors, among others. Also included is funding for roads, an area everyone in the region will enjoy. Since the two cities added more than 4,000 people into the official count, that gets everyone on the road to being counted. If you haven’t filled out your form, it’s not too late. To respond, visit www.my2020census. gov, call 1-844-330-2020, or return the Census envelope that came in the mail. To learn more about the Census, Newport News residents can call 757-933-2311 and Hampton residents can contact 757-727-8311.
4 • July 15, 2020
The LEGACY
Op/Ed & Letters We should embrace prison returnees to our communities DR. BENJAMIN F. CHAVIS JR. I am pleased to work and live in our nation’s capital. Washington, D.C. is a city on the move progressively even amidst the continued existence of the COVID-19 pandemic. But there is one emerging issue in the District of Columbia that in my long career in the field of civil and human rights that I am very concerned about. That is the issue of people returning to our communities from prison. It’s difficult to argue that there is not an urgent need for better
helping former inmates make the difficult transition back to society. A returning citizen with a pathway to gainful employment and secure housing has a better chance of developing a strong connection to his family and community and not returning to prison. Mass incarceration in America is a serious national problem that needs to be resolved. Black Americans, in particular, are disproportionately imprisoned across the country. I personally know what it is like to be unjustly imprisoned and the difficulties of trying to overcome
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P.T. Hoffsteader, Esq.
(from page 4) cloud over former prison inmates. But as a practical matter, commonsense measures that would bolster support for individuals reentering society sometimes meet sharp resistance — even 1now, as the nation 102 x 6.pdf 7/6/20 3:51 PM engages in an emotional and painful
debate over whether America has lived up to its promise of social justice, equity, and a fair penal system. That tension between theory and policy is, sadly, beginning to emerge yet again in Washington, D.C., where some community advocates have raised objections to plans for a
new residential re-entry center that would provide temporary housing, job and skills training, substanceabuse counseling and other critical support for inmates returning home after serving time. Many residents in D.C. share the conviction that we must do far more
to lend a hand to the thousands of individuals — disproportionately black men aged 21 to 30 — who return to the District each year after periods of incarceration. But right now, D.C. is without a single re-entry center that is equipped to provide such support.
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6 • July 15, 2020
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Legal Notice NOTICE TO THE PUBLIC OF AN APPLICATION BY VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA FOR APPROVAL OF A RATE ADJUSTMENT CLAUSE RIDER B, BIOMASS CONVERSIONS OF THE ALTAVISTA, HOPEWELL, AND SOUTHAMPTON POWER STATIONS FOR THE RATE YEAR COMMENCING APRIL 1, 2021 CASE NO. PUR-2020-00099 •Virginia Electric and Power Company d/b/a Dominion Energy Virginia (“Dominion”) has applied for approval to revise its rate adjustment clause, Rider B. •Dominion’s request represents an increase of $24,124,355 million annually, which would decrease the bill of a typical residential customer using 1,000 kilowatt hours per month by $0.17. •A Hearing Examiner appointed by the State Corporation Commission will hold an evidentiary hearing in the case on November 23, 2020. •Further information about this case is available on the SCC website at: https://scc.virginia.gov/pages/Case-Information. On June 1, 2020, Virginia Electric and Power Company d/b/a Dominion Energy Virginia (“Dominion” or “Company”), pursuant to § 56-585.1 A 6 of the Code of Virginia (“Code”), filed with the State Corporation Commission (“Commission”) an annual update of the Company’s rate adjustment clause, Rider B (“Application”). Through its Application, the Company seeks to recover costs associated with the major unit modifications of the Altavista, Hopewell, and Southampton Power Stations; from coal-burning generation facilities into renewable biomass generation facilities (collectively, the “Biomass Conversion Projects” or “Conversions”). In Case No. PUE-2011-00073, the Commission approved the proposed Conversions as major unit modifications under Code § 56-585.1 A 6 and reissued amended certificates of public convenience and necessity for the Altavista, Hopewell, and Southampton Power Stations (the “CPCN Order”). The CPCN Order also authorizes Dominion to recover costs associated with the construction of the Biomass Conversion Projects. All three Biomass Conversion Projects became operational in 2013. In this proceeding, Dominion has asked the Commission to approve Rider B for the rate year beginning April 1, 2021, and ending March 31, 2022 (“2021 Rate Year”). The two components of the proposed total revenue requirement for the 2021 Rate Year are the Projected Cost Recovery Factor and the Actual Cost True-Up Factor. The Company is requesting a combined Projected Cost Recovery Factor revenue requirement of $29,213,936 and a combined Actual Cost True Up Factor revenue requirement of ($5,089,581). Thus, the Company is requesting a total revenue requirement of $24,124,355 for service rendered during the 2021 Rate Year. For purposes of calculating the revenue requirement in this case, Dominion utilized an enhanced rate of return on common equity (“ROE”) of 9.2%. This ROE comprises a general ROE of 9.2%, approved by the Commission in Case Nos. PUR-2017-00038 and PUR-2019-00050. If the proposed Rider B for the 2021 Rate Year is approved, the impact on customer bills would depend on the customer’s rate schedule and usage. According to Dominion, implementation of its proposed Rider B on April 1, 2021, would decrease the bill of a residential customer using 1,000 kilowatt hours per month by approximately $0.17. The Company indicates it has calculated the proposed Rider B rates in accordance with the same methodology as used for rates approved by the Commission in the most recent Rider B proceeding, Case No. PUR-2019-00085, with the exception that in this case the Company did not remove federal customers’ and retail choice customers’ load and usage for the purpose of designing rates. This Application is one of six filings Dominion made on or about June 1, 2020, for recovery of funds related to capital projects. If the revenue requirements in these filings are approved as proposed, the cumulative impact would be a monthly increase of approximately $0.96 for a residential customer using 1,000 kilowatt hours per month. Interested persons are encouraged to review the Application 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 Application and supporting documents and thus may adopt rates that differ from those appearing in the Company’s Application and supporting documents. A public hearing on the Application shall be convened on November 23, 2020, at 10 a.m., to receive the testimony of public witnesses and the evidence of the Company, any respondents, and the Staff. Further details on the 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 the Commission’s 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 Application may be obtained by submitting a written request to counsel for the Company, Lisa R. Crabtree, Esquire, McGuireWoods LLP, Gateway Plaza, 800 East Canal Street, Richmond, Virginia 23219, or LCrabtree@mcguirewoods.com. Interested persons also may download unofficial copies from the Commission’s website: https://scc.virginia.gov/pages/Case-Information. On or before November 23, 2020, any interested person may file comments on the Application by following the instructions found on the Commission’s website: https://scc.virginia. gov/casecomments/Submit-Public-Comments. All comments shall refer to Case No. PUR-2020-00099. On or before September 8, 2020, any person or entity wishing to participate as a respondent in this proceeding may do so by filing a notice of participation. Such notice of participation shall include the email addresses of such parties or their counsel. The respondent simultaneously shall serve a copy of the notice of participation on counsel to the Company. Pursuant to Rule 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 Rule 5 VAC 5-20-30, Counsel, of the Rules of Practice. All filings shall refer to Case No. PUR-2020-00099. On or before October 6, 2020, 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-2020-00099. 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 Application, the Commission’s Rules of Practice and the Commission’s Order for Notice and Hearing may be viewed at: https://scc.virginia.gov/pages/CaseInfomation. VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA
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