Connect with us

State News

Regulators question decision-making power for fossil fuel plant closures

Published

on

The State Corporation Commission is asking the General Assembly to consider granting it more power over decisions related to the retirement of fossil fuel plants, a move some environmental lawyers say isn’t a pressing priority.

In an annual report to legislators,  the commission highlighted what it called its “lack of proactive authority, under current law, to protect reliability and security of electric service resulting from (Virginia Clean Economy Act)-directed retirements unless there is a request by the utility.”

The commission further wrote that “an after-the-fact review or finding of harm to reliability and/or security of electric service would leave the commission with few options to protect customers.”

Under the 2020 Virginia Clean Economy Act, the state’s two largest electric utilities, Dominion Energy and Appalachian Power, must retire their fossil fuel plants by 2045 as part of the legislation’s goal to decarbonize the power grid by midcentury.

However, the VCEA allows utilities to petition the SCC to keep those plants open longer if they believe closing them could negatively affect reliability. Fossil fuel plants continue to be used as power generation backups for emerging renewable energy sources.

“If the General Assembly intends to leave this discretion solely in the hands of utilities, that is what the current law accomplishes,” the judges wrote. “The General Assembly may wish to consider a required update or analysis from the Commission in close proximity and prior to unit closure.”

While agreeing with a broader need to restore authority to the SCC, Southern Environmental Law Center attorney Will Cleveland said retirement decisions aren’t an imminent concern, since the deadline for these facilities’ closures isn’t for another 23 years.

“There are far more pressing matters,” said Cleveland, who has lobbied for major reforms to the state’s system of reviewing electric utility rates.

Cleveland also noted the SCC has other tools at its disposal to oversee the utilities’ energy transitions, including reviews of the integrated resource plans Dominion and Appalachian Power are required to file with regulators every three years.

House Bill 528, signed into law in 2020, additionally allows the SCC to set the time period for the utilities to pay off the remaining costs of retired facilities, which ratepayers can continue to pay for after they shut down.

Natural Resources Defense Council Virginia Policy Director Walton Shepherd said concerns over reliability being impacted by fossil fuel plant retirements are a “scare tactic” against the renewable energy movement.

The regional electric grid of which Virginia is a part, PJM Interconnection, provides reliability oversight, Shepherd added, as does the North American Electric Reliability Council, or NERC.

“It’s just completely disingenuous,” Shepherd said of the SCC’s comments in the report.

Requests for comment from leadership in both chambers of the General Assembly were unsuccessful Friday. Lawmakers are set to vote on a third SCC judge Wednesday when the legislature reconvenes in Richmond. Appointment of judges to the SCC has been a discussion point among the legislature for years.

Appalachian Power Company declined to comment. A Dominion spokesperson stated, “As we transition to renewables and meet the requirements of the VCEA, we remain laser-focused on delivering reliable service to our customers. We will continue working with regulators and policymakers to make sure we have the necessary tools.”

by Charlie Paullin, Virginia Mercury


Virginia Mercury is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Virginia Mercury maintains editorial independence. Contact Editor Sarah Vogelsong for questions: info@virginiamercury.com. Follow Virginia Mercury on Facebook and Twitter.

Front Royal, VA
66°
Cloudy
6:07 am8:30 pm EDT
Feels like: 66°F
Wind: 3mph SSW
Humidity: 89%
Pressure: 30.1"Hg
UV index: 0
SunMonTue
86°F / 66°F
88°F / 68°F
84°F / 68°F
Opinion10 hours ago

In Enthusiastic Agreement with Supervisor Jamieson

National News10 hours ago

States Move to Limit Classroom Screen Time

State News15 hours ago

Even Without a New Map, Buttigieg Says Virginia Dems Can Win With Focus on Healthcare, Affordability

State News16 hours ago

Virginia Hospitals Predict $31B Reduction in State’s Medicaid Funding If Proposed CMS Rule Passes 

Business Growth Series19 hours ago

Business Growth Series: Trying to Do Everything Yourself Is Limiting Your Growth

Travel22 hours ago

Agritourism Offers a Fresh Way to Enjoy Summer Close to Home

State News1 day ago

Congressional Report Says Virginians Have Paid $1.8 Billion More for Gas Since Iran War Started

State News1 day ago

UVA Study Shows How Housing Affordability Policy, Civic Engagement and Voter Turnout Connect

Historically Speaking1 day ago

More Than a Futbol Rivalry

Scott's Turn1 day ago

Scott’s Turn: A Conversation About Building Stronger Communities

Common Ground with Coolidge1 day ago

The Power of Words: A Lesson From Calvin Coolidge

Community Events1 day ago

Excel to Perform July 23 at Gazebo Gatherings

Obituaries2 days ago

Michael Ray Santmyers (1971 -2026)

Health2 days ago

Oatmeal: Why Some Swear by It and Some Swear at It

Community Events2 days ago

This Week’s Showtimes at Royal Cinemas as of July 24th

Obituaries2 days ago

Marcelene Fay “Marci” Pinion (1958 – 2026)

Obituaries2 days ago

Buford “Bo” Lynn Kibler (1942 – 2026)

Opinion2 days ago

A Path to Fiscal Responsibility and Public Wellness

Local Government2 days ago

Moving Data Center Regulations and Permitting Forward a Dominant Topic of Conversation for County’s Elected Officials

Home3 days ago

Screen Rules That Actually Work

Local News4 days ago

Blue Ridge Wildlife Center Patient of the Week: American Barn Owl

State News4 days ago

After Taking Off in Charlottesville, Feds Plan National Electric Aircraft Charging Network Rollout

Arrest Logs4 days ago

POLICE: 7 Day FRPD Arrest Report 7/20/2026

National News4 days ago

FDA: Taylor Farms iceberg lettuce sample produced a false positive for cyclospora

State News4 days ago

Data Centers Want to Build Their Own Gas Turbines. Would That Skirt State Renewable Energy Laws?