Gov. Abigail Spanberger said Thursday she will not call another special session of the General Assembly to give state regulators more time to review the proposed $66.8 billion merger between Dominion Energy and NextEra Energy, rejecting a request from lawmakers who warned the current 180-day review period is too short.
In a letter to members of the General Assembly, Spanberger said she shares lawmakers’ desire for a “thorough and comprehensive review” of the proposed merger and said it is critical that the transaction benefit Virginians.
But she said lawmakers already have the opportunity to act.
“The General Assembly is currently in a special session and can choose to come together at this time,” Spanberger wrote. “As such, I will not be calling a second special session.”
The decision comes just days after a group of Democratic lawmakers asked Spanberger to call the General Assembly into a special session specifically to extend the State Corporation Commission’s timeline for reviewing the merger.
Dominion and NextEra filed their merger application with the SCC on July 15, starting the clock on the state’s review. Under current Virginia law, the SCC has 180 days to make a decision, meaning the commission’s review is expected to run into January 2027.
Lawmakers who backed the request argued that six months is not enough time to examine a transaction that would fundamentally change the ownership structure of Virginia’s largest electric utility.
“A deal involving tens of billions of dollars and the long-term ownership structure of the Commonwealth’s largest utility warrants a review process matched to its complexity,” the lawmakers wrote in their Aug. 31 letter. They argued the commission needs more time to evaluate the potential impact on energy bills, ratepayers and the state’s electric grid.
Spanberger’s letter did not dismiss those concerns.
“My administration understands your concerns, and I share your desire for a thorough and comprehensive review of the proposed merger and its impact on Virginia consumers,” she wrote.
Instead, the governor pointed to her own decision to participate directly in the SCC case. Spanberger said she took the “unprecedented step” of intervening in the case as the state’s chief executive and a party to the proceedings.
She said her participation will focus on three priorities: energy affordability, long-term job stability for Virginians and Virginia’s commitment to reliable, home-grown clean energy.
Spanberger’s administration has previously said the governor’s intervention gives her a formal role in the regulatory proceedings, allowing her to raise concerns and seek information about the proposed transaction. She became the first Virginia governor to formally intervene in an SCC case.
The proposed merger would combine Dominion with Florida-based NextEra in a transaction valued at about $67 billion. The companies say the combined company would have greater financial resources and infrastructure capabilities while maintaining local leadership and separate regulation of Dominion’s operating companies. They have also proposed $2.25 billion in shareholder-funded bill credits for customers in Virginia, North Carolina and South Carolina.
The merger still faces regulatory approval in several states and at the federal level.
A narrow window for lawmakers
Spanberger’s refusal to call another special session puts the focus back on the General Assembly’s current special session.
The General Assembly can act while it remains in session, but once lawmakers adjourn, their ability to take up unrelated legislation becomes much more limited. Under the Virginia Constitution, a special session can be called by the governor, or the governor must convene one if two-thirds of the members elected to both chambers formally apply for one.
That makes the timing particularly important for lawmakers who want to extend the SCC’s review period.
The push for an extension has come from both parties. Republican Sen. David Suetterlein and Del. Joe McNamara called for a special session on the issue in July, while the more recent request was signed by a group of Democratic senators and delegates.
Spanberger’s letter leaves the door open for lawmakers to address the issue themselves during the session already underway.
“Given our shared commitment to ensuring a reliable, affordable energy future, I look forward to continuing our work together on behalf of the Commonwealth,” Spanberger wrote.
The SCC’s review remains underway, with public and intervenor testimony scheduled for the fall.
*Dominion Energy is a sponsor of Virginia Scope and has no editorial input*