A Virginia State Corporation Commission hearing examiner ruled Friday that Dominion Energy and NextEra must turn over documents they tried to keep private during review of the two utilities' $67 billion merger proposal. The documents include a "Robo memo" that reportedly details a probe into allegations that Florida Power & Light engaged in illegal political activity in Florida. James Robo served as CEO of NextEra, which owns FPL, before stepping down in 2022.
Chief Hearing Examiner Mathias Roussy determined that the request from Clean Virginia and the Piedmont Environmental Council was "reasonably calculated to lead to evidence that could verify or impeach" claims the utilities made about their historical management fitness and future commitment to stakeholder engagement. The ruling said the two companies had adequately responded to other information requests, but concluded that the governance and political structure of both utilities can be examined because it's relevant to the merger review. Clean Virginia, a Charlottesville-based consumer advocacy group established by millionaire Michael Bills to challenge Dominion's political clout in Virginia, had sought detailed records about the Florida companies' history during the case's discovery phase, which allows parties to gather information before an evidentiary hearing set to begin November 17.
Brennan Gilmore, executive director of Clean Virginia, said in a statement that "how NextEra's leadership responded to serious allegations about Florida Power & Light's use of corporate resources to influence elections and target officials goes directly to how it would govern Dominion." Roussy cited several statements from the utilities' merger petition, including a promise to "continue to work with policymakers and community leaders hand-in-hand" with "the same openness, accessibility, and responsiveness that has characterized our approach over the years." Attorney Gregory Habeeb, representing Clean Virginia, argued during oral arguments in September that the utilities wanted their cake and to eat it too by promoting their management record while refusing to let opponents examine that history.
The merger, announced in May, has drawn resistance in Virginia from multiple quarters. Governor Abigail Spanberger intervened in the case, along with the ratepayer representative in the Office of Consumer Counsel, Virginia localities, and developers. Critics say the 1940 Utility Transfers Act never envisioned a merger of this scale, which could create the nation's largest electric utility. Senate Majority Leader Scott Surovell wrote in an op-ed that the statute requires the SCC to be "sure, not merely comfortable" that the deal won't harm service or rates. The utilities initially offered $2.25 billion in bill credits over two years, then revised the package to span four years and exclude data centers. The SCC must decide by January 11, 2027, two days before the Virginia General Assembly convenes, and the companies expect to close the transaction in the second half of 2027 if they also secure approval in North Carolina, South Carolina, and from federal regulators.