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EGACY Yesterday. Today. Tomorrow.

WEDNESDAYS • July 29, 2020

INSIDE

• Racism and public health issues - 2 • This police process should alarm - 4 Right: Kimberly Jacob Arriola: “Racism exists at multiple levels, and there is work that needs to be done at multiple levels.’

Richmond & Hampton Roads

LEGACYNEWSPAPER.COM • FREE

‘The bedrock of wealth inequality’ JEFF SOUTH

VM - Spring Cambric knows what she will be thankful for this Thanksgiving: the home she is buying with help from Richmond Metropolitan Habitat for Humanity.

The single mother of four plans to move into her two-story, iron-gray house in Northside Richmond this fall.

“I love it because it will be ours — something that my children can know that we put in hard work to have,” said Cambric, who enlisted in the Navy at 16, spent more than 18 years in the military and now works as a human resources assistant at Fort Lee. Homeownership did not come easy. Cambric, 44, had applied for mortgage loans twice before and been rejected. “They told me my credit score wasn’t high enough,” said the former petty officer, who acknowledged facing financial difficulties after getting divorced.

Her past experience with mortgage companies was hardly unusual.

Nationwide and in Virginia, African Americans like Cambric were more than twice as likely as non-Hispanic Whites to be denied loans to buy homes in 2019, according to new federal data.

Of the approximately 14,700 mortgage loan applications submitted by Black Virginians last year, 11.9 percent were turned down, the data showed. In contrast, of the roughly 70,400 applications from non-Hispanic Whites, 5 percent were rejected. (The denial rates were 9.6 percent for Hispanics and 8.5 percent for applicants of Asian descent.)

Racial disparities existed even among applicants with similar income levels, according to data

collected under the Home Mortgage Disclosure Act. For example, among applicants with annual incomes of about $125,000, the denial rates were 8.4 percent for Black Virginians and 3.6 percent for non-Hispanic Whites.

Disparities in who gets mortgage loans are not new; they have been evident since the Federal Financial Institutions Examination Council began compiling HMDA statistics in the 1980s. But the 2019 data, released June 24, comes amid a national conversation about racial inequalities and institutional racism.

In light of the protests triggered by the death of George Floyd under the knee of a Minneapolis police officer, the latest HMDA numbers take on added meaning because “homeownership is probably the most powerful way to rectify the racial wealth gap,” said Alex Guzmán, director of fair housing for the nonprofit group Housing Opportunities Made Equal of Virginia.

Bruce Whitehurst, president of the Virginia Bankers Association, said the #GeorgeFloyd movement has put a focus “on systemic racism relative to the Black community especially, and the need to address and overcome the structural issues that remain to this day.”

The persistent racial disparities in home loans reflect the lack of opportunities for many African Americans, he said.

“Particularly speaking for myself as a non-Hispanic White, we have to think a lot more about why the differences are there,” Whitehurst said. “I just think we’re at this place where we need to address the structural issues. And I think it’s fair for anyone in the Black community to say, ‘What took you so long to figure

Donetta Williams at the home she bought in March in King William County. out what we’ve known for a long time?'”

Experts generally agree that in most cases, homeownership is a tremendous financial boost.

“It makes a world of difference in

being able to help not only move up the ladder economically but to help the next generation for transfer of wealth,” said Greta Harris, president

(continued on page 3)

The LEGACY

2 • July 29, 2020

News

Pandemic, protests cause racism to resonate as a public health issue JOSEPH WILLIAMS UNWR- SPURRED BY WEEKS OF street protests sparked by the killing of George Floyd – and amid the fast-moving, potentially deadly coronavirus pandemic that has ravaged Black and Hispanic communities – officials across the country are calling out racism as a public health crisis.

In Wisconsin, for example, Gov. Tony Evers last month declared that “inaction, indifference and institutional racism has harmed generations of black and brown Wisconsinites.” In Maryland, the Montgomery County Council followed suit, adopting a resolution stating that racism – “a root cause of disparities and inequities” – is a public health problem warranting action.

Similarly, the San Bernardino County Board of Supervisors in California late last month unanimously affirmed that racism is “a public health crisis” that results in “disparities in family stability, health and mental wellness, education, employment, economic development, public safety, criminal justice and housing.”

According to news service Stateline, an initiative of the Pew Charitable Trusts, more than 20 local and state governments have either passed or were considering declarations calling racism a public health crisis. But while public health experts say such proclamations are important, they also argue they’re only the first step in a seemingly amorphous task – one that appears overwhelming at best and Sisyphean at worst.

Tackling racism as a health issue, they say, means taking concrete action to dismantle official structures, unofficial policies and hidden, sometimes unconscious biases in nearly every arena of daily life, from housing and education to banking and

Kimberly Jacob Arriola the health care system itself.

And while there are moves state and local governments can make almost immediately, public health experts say, reversing some of the deleterious effects of racial bias against African Americans could take decades to complete, and it may be even longer before results in some major health disparities can be seen or measured.

“Racism exists at multiple levels, and there is work that needs to be done at multiple levels,” said Kimberly Jacob Arriola, a professor of behavioral, social and health education sciences in the Rollins School of Public Health at Emory University in Atlanta. “Racism is difficult to tackle, because it fundamentally requires a redistribution of power, wealth and resources. So when you’re talking about something like that, there will always be strong opposition. That doesn’t mean it’s not possible.”

“It’s a marathon, not a sprint,” she said. Indeed, declaring racism a public health crisis sounds at first

glance like giving a stern fingerwagging to a deep-seated, seemingly intractable societal problem. Yet there's ample evidence that systemic bias against African Americans has a quantifiable effect on health outcomes – which means curbing it offers a path to progress.

A sampling of statistics, including data also noted by Stateline, tells the story: African Americans have a life expectancy more than three years below the U.S. mark overall, and are more likely than whites to suffer from chronic diseases or health problems like obesity, high blood pressure and diabetes. Black women are more than twice as likely as white women to die from issues tied to pregnancy and childbirth, while black men are more than twice as likely as white men to die at the hands of police. Between 1991 and 2017, suicide attempts among black adolescents soared by 73 percent, while attempts among white youth decreased.

Meanwhile, African Americans – who can suffer from higher rates of complicating chronic conditions and make up a disproportionate share of essential workers – are highly vulnerable to COVID-19. The disease has claimed Black lives at more than twice the rate it’s killed Asian Americans and whites, while the coronavirus causing it has infected them at a similarly disparate rate.

Coupled with the pandemic, the outrage prompted by the killing of Floyd in police custody in Minneapolis and the fatal shooting of Ahmaud Arbery in Glynn County, Georgia, revealed a problem hidden in plain sight, said Dr. Leana Wen, an emergency physician and visiting professor at George Washington University. As the city of Baltimore’s health commissioner in 2015, Wen discussed the link between racism

and public health after Freddie Gray died in police custody and the city’s black community erupted in violence and destruction.

“At that time I talked about it: What does it mean for racism to be a public health issue?” Wen said. “Why are African Americans dying disproportionately from cardiovascular disease? Well, maybe it has to do with the fact that 1 in 3 African Americans live in a food desert compared to 1 in 12 whites.”

That statistic, she said, “has to do with the history of redlining,” a decades-old strategy that segregated neighborhoods, and entire cities, through approval or rejection of services like home loans based primarily on race. “Then there’s racism in health care itself, with biases by health professionals,” Wen said. “Then you also have racism and police brutality, and you also have toxic stress that’s brought on by everyday racism and microaggressions.”

Seen as a whole, “you’ve got all these different levels of racism as a public health issue. So then you get to systemic racism itself, underpinning the health disparities,” she said. “You have to backtrack into talking about racism as a public health issue, because people do not intuitively understand that to be the case.”

Wen said people were skeptical when she first began linking racism to public health, particularly because the scope of the problem is so broad. “They get caught up: ‘Well, if everything impacts health, where do I even begin?' That's why having short-term goals, combined with long-term outcomes, (is) really important,” she said. “Otherwise people get stuck in the well.”

In Baltimore, for example, an early

(continued on page 5)

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(from page 1) of the Better Housing Coalition, a nonprofit that provides affordable housing in the Richmond area.

She described the excitement of “handing the keys over to a firsttime homebuyer — the first one in their family to ever own a home — and you have 30 people showing up when they walk into their own home because everybody’s so proud of the accomplishment: being able to own a little piece of the rock here in America.”

Mary Kay Huss, CEO of Richmond Metropolitan Habitat for Humanity, called homeownership “a solution to breaking a cycle of poverty.”

When people buy a home, they begin building equity that they can use to send their children to college — setting the stage for their offspring to become homeowners.

“It changes the trajectory of that family,” Huss said.

Donnell Williams, president of the National Association of Real Estate Brokers, said renting “makes someone else rich” but having a home that increases in value makes its owner wealthier. That’s especially true with mortgage interest rates at record lows.

“A house is a live-in bank account,” said Williams, whose group was formed in 1947 to fight racial segregation and help African Americans in particular become homeowners.

Because homeownership is central to creating wealth, the racial disparities in homeownership represent “the bedrock of wealth inequality in America and in Richmond,” said Heather Mullins Crislip, president of HOME, which provides classes and counseling for prospective homebuyers.

She said African Americans: •Are far less likely than Whites to ever own a home.

•Buy their first home on average nine years later in life than Whites (and thus enjoy less appreciation in value).

•Are more likely to buy a home in a racially segregated area that won’t appreciate as much.

•Often pay more interest or other costs for their home loan.

“All of those things add up over the course of a person’s lifetime and give us this massive wealth inequality,” Crislip said.

How unequal? The U.S. Census

Bureau reported last year that non-Hispanic White households had a median wealth of more than $139,000. That compared with less than $13,000 for Black households and $20,000 for Hispanic households.

A key factor, the report said, is that most non-Hispanic White households owned their homes.

Black homeownership has been falling in Virginia. In 1968, when Congress passed the Fair Housing Act to outlaw racial discrimination in the real estate industry, about 52 percent of African American families in Virginia owned their homes. The figure is now 48 percent — compared with 73 percent of non-Hispanic White households, according to the latest Census Bureau data.

In many geographic areas, the difference is much bigger than the statewide numbers. For example: In the Harrisonburg metro area, 66 percent of non-Hispanic Whites compared to just 14 percent of Blacks own their homes.

In the Staunton-Waynesboro area, 73 percent of non-Hispanic Whites and 28 percent of Blacks own their homes.

In the Blacksburg-ChristiansburgRadford area, 68 percent of nonHispanic Whites and 29 percent of Blacks own their homes.

Several localities in Northern Virginia also had large disparities.

For instance, in Alexandria, 55 percent of non-Hispanic Whites but 18 percent of Blacks own their homes.

Nationwide, 72 percent of nonHispanic White households and 41 percent of Black households own their homes.

“The steady decline in Black homeownership has translated into a steadily growing gap in net worth between Blacks and non-Hispanic Whites,” according to a report issued last fall by the National Association of Real Estate Brokers.

Racial discrimination in housing can be traced to slavery — and, after the Civil War, the U.S. government’s reneging on its promise to give each freed slave 40 acres of land.

During the Great Depression, the government officially sanctioned racist home lending practices by refusing to guarantee loans in Black neighborhoods. The Federal Housing Administration, created in 1934, gave preference to Whites and discouraged loans to racially mixed and predominantly African American areas.

July 29, 2020 • 3

Data shows big racial disparities in mortgage loans and homeownership “Until the 1960s, the FHA practices insured the financing of homes by Whites in the rapidly growing suburbs in lieu of insuring loans in the urban markets in which minorities lived,” according to Mortgage Lending in the city of Richmond: An Analysis of the City’s Lending Patterns, a 2015 study by HOME. “By denying access to FHA-insured loans, Blacks were excluded both from the benefits of homeownership in the rapidly growing, predominantly White suburbs as well as in inner city neighborhoods which, due to the inability to access credit, began to deteriorate.”

Predominantly Black communities continue to suffer from the legacy of redlining, said Harris, who has served as CEO of the Better Housing Coalition for seven years. “Those same neighborhoods for the most part are still struggling today,” she said.

Besides discriminatory real estate practices, Harris said highway construction, public housing and socalled “urban renewal” policies all targeted communities of color like Jackson Ward, Carver and Navy Hill in Richmond.

“It’s not one thing,” she said. “It’s a cumulative action of a lot of things that have happened, just like a water-torture drip over a long period of time that has created the disparity

that we’re all dealing with right now.”

The Fair Housing Act, Community Reinvestment Act, Home Mortgage Disclosure Act and other laws sought to address racial discrimination. But progress has been slow.

In 1989, Bill Dedman of The Atlanta Journal-Constitution won a Pulitzer Prize for his analysis of HMDA data showing that “Blacks are rejected more than twice as often as whites when they apply for home loans at America’s savings and loans.”

Last year, the gap was even wider.

HMDA data shows racial disparities throughout Virginia Statewide in 2019, Black applicants were 2.4 times more likely than non-Hispanic White applicants to be denied a loan (11.9 percent vs.

5 percent), according to the data analysis by Virginia Mercury, which focused on first-lien mortgages for owner-occupied, site-built homes.

In the Blacksburg-ChristiansburgRadford, Richmond and Charlottesville metro areas, African Americans were about three times more likely than non-Hispanic Whites to be turned down for a loan.

The gap was striking in many localities. In Halifax County, for example, the denial rate was 27 percent for Blacks and 4 percent for non-Hispanic Whites.

4 • July 29, 2020

Op/Ed & Letters

The LEGACY

Police decertification disparity should alarm all Virginians ROGER CHESLEY Picture this scenario: A local police officer is accused of getting overly aggressive during an arrest, seriously injuring someone in the process. The chief of police and other supervising officials review the case.

They decide to fire the officer.

The officer shrugs, packs his bags, and simply moves to another agency in the commonwealth. He keeps his state certification, because excessive force – at least in Virginia – doesn’t automatically lead to losing his license to work as a sworn lawenforcement professional.

This baseline is especially absurd because of the factors now in the state code leading to automatic decertification by the state Department of Criminal Justice Services. Those reasons include failing a drug test, or being convicted of a felony or some misdemeanors involving moral turpitude or sexual misconduct.

I’m not saying those are invalid reasons for decertification. But certainly, brutalizing a citizen without justification is also a serious offense, and it should prevent an officer from working again.

Expensive lawsuits for localities The LEGACY NEWSPAPER Vol. 6 No. 30 Mailing Address P.O. Box 12474 Richmond, VA 23241 Office Address 105 1/2 E. Clay St. Richmond, VA 23219 Call: 804-644-1550 Online www.legacynewspaper.com

could arise if someone is hired with a history of injuring suspects while exceeding boundaries.

The status quo in Virginia can – and should – change. Police chiefs and several legislators appear willing to do just that, especially in the national reckoning after the police slaying of George Floyd in Minneapolis.

The General Assembly plans to consider changes in policing, criminal justice and the state budget during a special session that begins Aug. 18. In a prelude to the session, House legislators convened last week to discuss recommendations.

Norfolk Police Chief Larry Boone, who’s been vocal about adding excessive force to the reasons for The LEGACY welcomes all signed letters and all respectful opinions.

Letter writers and columnists opinions are their own and endorsements of their views by The LEGACY should be inferred. The LEGACY assumes no responsibility for unsolicited material.

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decertification, was one of several police and civil rights officials who addressed the lawmakers recently.

Boone told me last month, in a one-on-one interview, that if he fires an officer for excessive force, that person “can go to another agency if that department did not come and look at his personnel records.”

“That’s going to change,” he predicted then.

In the virtual meeting last week, the Norfolk chief said the state needs to do a better job of preventing certain officers from finding a police job elsewhere.

“I’ve seen far too often, I will fire an officer for excessive force, and they are afforded to go to a neighboring agency,” Boone told the legislators. Departments need to “put control mechanisms in place to stop that.”

He also spoke of creating a state database so that agencies know whether a police officer has been terminated in Virginia – and why.

You shouldn’t be surprised that Virginia is lax on this subject. The state is typically deferential to police agencies on matters involving oversight. The Virginia Association of Chiefs of Police in the past has

fought efforts to tighten the rules, but it has said more recently that proof of lying – which reflects on the integrity of an officer’s testimony – should be added to the decertification statute.

My colleague Ned Oliver covered the House meeting. He noted it’s rare for police officers to lose their licenses here. Virginia has decertified just 33 officers while other states have decertified an average of 681, according to records compiled by USA Today last year.

Many officers do their jobs professionally, of course, hewing to department regulations while keeping themselves and the public safe. But the disparity in those statistics should alarm Virginians.

The figures suggest some people who wear the badge in the commonwealth wouldn’t find such a receptive employer elsewhere.

That’s why adding excessive force to the decertification standard is sensible. And long overdue.

Chesley is a longtime columnist and editorial writer who worked at the (Newport News) Daily Press and The (Norfolk) Virginian-Pilot from 1997 through 2018. © VM

www.LEGACYnewspaper.com

July 29, 2020• 5

P.T. Hoffsteader, Esq.

(from page 2) focus was reducing infant mortality among African Americans, Wen says.

But “just reducing infant mortality is not enough unless we also close the disparity between black and white infant mortality in our city,” she said.

Step one, Wen said, was identifying the causes of the problem – premature births, low birth weight and babies’ unsafe sleeping conditions – then partnering with hospitals, churches, neighborhood associations and charities to address it.

After identifying families in need, the effort tailored services to help new mothers, offering in-home visits and access to social services, Wen said. A public information campaign launched, outlining healthy infant sleeping conditions and parental behavior; then came aid to new mothers, including free cribs and mental health counseling. As the initiative expanded, Wen said, former clients were hired to do peer support and community outreach.

“So in seven years, we reduced infant mortality by 38 percent.

Citywide, we also reduced the gap between black and white infant mortality by over 50 percent in that same time period,” she said.

Arriola, of Emory University, says addressing racism as a public health threat requires a holistic approach, along with an acknowledgement that success won’t happen overnight.

“If a city government declares racism as a public health emergency, I would ask, ‘Well, what’s in the purview of that city government?’

Does it have jurisdiction over minority-owned businesses and the

factors that impact their ability to garner loans? Does it have jurisdiction over law enforcement agencies? And what are they doing to address racism within their bailiwick?”

“There’s an endless list of possibilities of things that these locales can do to address structural racism within their space, but they have to be intentional about it,” she said.

Arriola says dismantling health inequities is complicated, considering access to health care is tied to income, income is tied to employment, employment is linked to education and education is linked to housing.

As a result, “to improve access to health care, you need to address the social disparities, which means poverty, education, employment, neighborhoods, safety, violence – those are all part of this larger issue of health inequities,” Arriola said.

“So you can’t just pick apart any of those components and say, ‘Well, let’s just focus on education.’ Or, ‘Let’s just focus on access to healthy food.’”

While the task at hand is daunting, Arriola said the energy triggered by the protests, and the willingness of state and local governments to publicly acknowledge a problem, give her hope.

“Within the last hundred years, the field of public health has started to more systematically explore racism and its effect on the health of populations,” she said. “And really, within the last 50 years, I would say we have more explicitly studied racism on multiple levels.”

The difference this time, she said, is the problem can’t be denied. The video footage showing a white police officer kneeling on Floyd’s neck and a white man fatally shooting Arbery,

in the context of a pandemic that’s a greater threat to African Americans, has made the situation “all the more unsettling to people who may not have taken note before,” and put the issue on the national agenda.

“This does seem to be a turning

point,” but the road ahead is long and steep, Arriola said. “And anybody who thinks it’s a sprint is missing the boat. It has taken hundreds of years for us to get here – it will take quite a bit of time to fully get out of it.”

The LEGACY

6 • July 29, 2020

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ERIC LEWTER, OWNER. Note: Objections to the issuance of this license must be submitted to ABC no later than 30 days from the publishing date of the first of two required newspaper legal notices.

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NOTICE IS HEREBY GIVEN THAT THE CITY OF RICHMOND BOARD OF ZONING APPEALS Will hold an electronic Public Hearing due to the state of emergency that exists as a result of the spread of COVID-19 pursuant to and in compliance with Ordinance 2020-093 on August 5, 2020, to consider the following under Chapter 30 of the Zoning Code: BEGINNING AT 1:00 P.M. BZA 28-2020: An application of Neil Nordheim for a building permit to construct a new single-family (detached) dwelling at 408 WEST 25th STREET.

Serving Richmond & Ham 409 E. Main St. #4ROAD (mailing) • 105 BZA 29-2020 (WITHDRAWN): 5404 MATOAKA Richmond, VA 23 BZA 30-2020: An application804-644-1550 of Twenty O Ten Grove Ave LLC •for800a (office) building permit to construct a freestanding deck abutting a nonconforming ads@legacynewspap multi-family dwelling at 2010 GROVE AVENUE.

BZA 31-2020: An application of Nelson Benavides, et al for a building permit to construct an addition to a two-family attached dwelling at 3000 X Ad Size: 1 column(s) ½ Q STREET.

2 Issues (7/15 & 7/22) - $77 pe BZA 32-2020: An application of Cava Capital LLCRate: for lot splits $11 per and column building permits to divide an existing lot improved with a single-family detached dwelling into three (3) lots and to construct a new single-pla Includes Internet family detached dwelling on each of the two vacant lots at 1502 WILLIAMSBURG ROAD. Please review the proof, make any needed cha

If your response is not received by deadline

The case and agenda willRoads be made available on the City’s Serving Richmond & plans Hampton legislative website not later than July 22, 2020: https://richmondva.

X________________________ PUBLIC NOTICE legistar.com/Calendar.aspx 409 E. Main St. #4 (mailing) • 105 1/2 E.OkClay St. (office) Notice is hereby given that on August 6, 2020 at 10:00 AM, Manchester The public listen to the Microsoft Teams electronic meeting Richmond, VAmay23219 Ok with changes X _____________ Marketing Inc, t/a Seibert’s Towing will and offer comment by calling 804-316-9457 and when prompted appear in the General District Court entering 964 489 214#. For video access by computer, smart 804-644-1550 (office) •code 800-783-8062 (fax) for the City of Richmond in the matter phone or tablet visit https://richmondva.legistar.com/Calendar.

REMINDER: Deadline is Fri of Manchester Marketing, Inc. t/a aspx. Select the Board of Zoning Appeals drop-down and 2020 ads@legacynewspaper.com Seibert’s v. Barbara Harrington, Case

No. GV200009675-00, to petition the court for satisfaction of a Mechanic’s and Storage Lien against a 2018 Mini Cooper, VIN: WMWXP5CS54J2G62040, Illinois license plate: AC5-8964. The petitioner will request that the court enter an order directing the Sheriff of the City of Richmond to sell the automobile to satisfy the lien arising from accrued towing and storage charges.

drop-down, click meeting details for August 5, 2020 meeting and then click video access. In the event you have difficulty accessing a public hearing you may contact Mr. William Davidson at 804-396-5350 or by email at William.Davidson@richmondgov.com for assistance.

In accordance with Ordinance No. 2020-093, please be advised that an inability to access one of the enumerated public hearing through video means shall not be considered a prerequisite for participating in the subject public hearing. In order to ensure your participation it will be necessary for you to call in at 1 PM and stay on the line until such time as your case is called. Please be advised that the Board of Zoning Appeals Rules of Procedure provides that in the case of an application for a variance or a special exception, Rate: per column inch the $11 applicant, proponents or persons aggrieved under §15.2-2314 of the Code of Virginia, in that order shall be permitted a total of six (6) minutes each to present their case. For this reason the Board respectfully requests that you be as brief as possible in your comments when your case is called by the Chairman to allow other individuals the opportunity to participate. For the purposes of the record it is also requested that before addressing the Board you identify yourself and spell your name.

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Please review the proof, make any needed changes and return by fax or e-mail.

Place your If your response is not received by deadline, your ad may not be inserted.

The public may offer comments in advance of the scheduled “For sale”,“Wanted” electronic meeting by directing them to the email address listed below and the subject comments will be made available to the andX_________________________________________ Ok Board Members prior to the electronic meeting.

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July 29, 2020• 7

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NOTICE TO THE PUBLIC OF AN APPLICATION BY VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA FOR REVISION OF A RATE ADJUSTMENT CLAUSE: RIDER U, NEW UNDERGROUND DISTRIBUTION FACILITIES, FOR THE RATE YEAR COMMENCING APRIL 1, 2021 CASE NO. PUR-2020-00096 •Virginia Electric and Power Company d/b/a Dominion Energy Virginia (“Dominion”) has applied for approval to revise its rate adjustment clause, Rider U. •Dominion requests a total of $79.687 million for its 2021 Rider U. According to Dominion, this amount would increase the monthly bill of a typical residential customer using 1,000 kilowatt hours per month by $0.74 compared to the current Rider U, for a total Rider U bill impact of $2.14 per month.

•A Hearing Examiner appointed by the State Corporation Commission will hold a hearing in this case on January 14, 2021.

•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 Code § 56-585.1 A 6 (“Subsection A 6”), filed with the State Corporation Commission (“Commission”) an annual update of the Company’s rate adjustment clause, Rider U (“Application”). Through its Application, Dominion seeks to recover costs associated with the Company’s Strategic Underground Program (“SUP”).

The Company asserts that Subsection A 6 provides that the replacement of any subset of a utility’s existing overhead distribution tap lines that have, in the aggregate, an average of nine or more total unplanned outage events-per-mile over a preceding 10-year period with new underground facilities in order to improve electric service reliability is in the public interest. The Company further states that Subsection A 6 provides that these conversions are deemed to provide local and system-wide benefits and to be cost beneficial, and that the costs associated with such new underground facilities are deemed to be reasonably and prudently incurred.

Moreover, the Company asserts Subsection A 6 mandates that the Commission approve recovery of such costs so long as the total costs associated with the replacement of overhead distribution tap lines with underground facilities do not exceed an average cost per customer undergrounded of $20,000 and an average cost per mile of $750,000, exclusive of financing costs.

In addition to an annual update associated with the previously approved phases of the SUP, the Company seeks cost recovery for phase five (“Phase Five”) of the SUP, designed to convert an additional 317 miles of overhead tap lines to underground at a capital investment of approximately $172 million, with an average cost per mile of $542,087 and an average cost per customer undergrounded of $9,968. Dominion states that its actual expenditures for Phase Five incurred through March 31, 2020, are $54.5 million, and projected expenditures for the period April 1, 2020, through March 31, 2021, are approximately $117 million. The Company is requesting to recover the costs of Phase Five through Rider U for only those projects that will be completed prior to April 1, 2021.

In this proceeding, Dominion has asked the Commission to approve Rider U 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 states that the revenue requirement associated with the costs of the previously approved SUP phases totals $44.34 million, which includes a Projected Cost Recovery Factor of $44.797 million, and an Actual Cost True-up Factor credit of $0.457 million. The Company also states that the Projected Cost Recovery Factor revenue requirement for Phase Five costs totals $35.348 million. In total, the Company seeks approval of revised Rider U with an associated revenue requirement in the amount of $79.687 million for the 2021 Rate Year.

For purposes of calculating the revenue requirement in this case, Dominion utilized a rate of return on common equity of 9.2%, which was approved by the Commission in Case Nos. PUR-2017-00038 and PUR-201900050.

If the proposed Rider U 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 U on April 1, 2021, would increase the bill of a residential customer using 1,000 kilowatt hours per month by approximately $0.74 over the current Rider U, for a total Rider U bill impact of $2.14 per month.

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 January 14, 2021, 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 January 14, 2021, 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-2020-00096.

On or before October 29, 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-2020-00096.

On or before November 19, 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-2020-00096.

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/Case-Information.

VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA

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