Dominion’s ad copy in this morning’s Richmond Times-Dispatch. Click for larger view.

by Steve Haner

Dominion Energy Virginia has launched a major advertising campaign advocating  legislation to increase its allowed profit margin, with ads focused on a deceptive message that the bill will actually lower costs for consumers.  It will not.

The print version of the campaign, which can be seen in a full page ad in the Richmond Times-Dispatch in print and online, refers to and reproduces part of a February 1 letter from the State Corporation Commission that answered one question about the bill, looking at one item in isolation from the whole. It ignores an earlier, longer, January 27 letter from the SCC that outlines the cumulative rate impacts from the bill.

With all its many deceptions, nothing tops the headline which implies the SCC has claimed this bill will save customers money. There is no other word for that than “lie.”

The one sentence from the second SCC letter which is highlighted points to a proposal from Dominion that it will take several of its current stand-alone rate adjustment clauses (RACs), currently collecting $350 million a year, and roll them into its overall base rates.  That same single element of the 25-page legislation is also mentioned in an online argument posted by Virginia’s largest utility.

“At a time of high prices for food, clothing and gas, real rate relief will help.  Let’s get it done,” the ad copy concludes.  Apparently, there are also broadcast advertisements running, including in the Northern Virginia market.  They started appearing after the House of Delegates rejected the introduced bill a week ago.

Should those RACs disappear from bills, and nothing else changes, the bottom line would go down $6 0r $7 per month for a residential consumer using 1,000 kilowatt hours. Those savings would be temporary, at best.  And it isn’t the case that nothing else changes.  That short term benefit is swamped by the higher customer costs produced by other elements of the bill, some mentioned by the SCC in its first letter (ignored by Dominion) and some not.

The SCC was not asked, for example, about the total rate impact of Dominion’s very expensive proposal to stretch $1.6 billion in uncollected fuel costs over multiple years with compound interest.  That is still in the version of the Senate bill Dominion is promoting.  It was removed when the House of Delegates basically gutted its version of the bill.

The SCC in its longer letter estimated a $2 billion cumulative increase in bills to Dominion’s Virginia customers over the next 15 years or so if the profit margin rises as the bill demands.  Against that, Dominion is bragging it will “save” customers $350 million by retiring the (yet to be named) standing RACs.

Why is that misleading?  Dominion will be paid in full for every dime of costs associated with those RACs.  It doesn’t really matter to consumers whether it is paid through base rates or in a stand-alone RAC added to those base rates; the customer will still pay.  No stockholder will lose a dollar because those RACs were folded into base rates.  And if those RACs are being used to finance capital assets, those capital assets will start earning a higher return on equity if this bill passes.

Funny, that never comes up in the ad campaign.

In its January 27 letter, for example, the SCC pointed out that the long term customer cost of the proposed Coastal Virginia Offshore Wind facility will increase by $689 million with the higher profit margin.  The customer cost of approved upgrades to Dominion’s four nuclear reactors will increase by $211 million to pay the stockholders a larger return.  That is $900 million of the $2 billion right there.

Even in the short term, the disappearance of a few RACs into base rates won’t compensate for the other RACs which will be increasing and adding to total customer costs in the same time period.  The growing cost of the wind project is well-recognized, and another RAC increase for it is already in the works.  Also previously reported here is the plan to put a carbon tax back on monthly bills.  That alone wipes out most of the “savings” Dominion claims.

Your bills will keep going up.

Increasing the utility’s allowed profit margin is the sole purpose of the pending bill.  A struggling company is looking to its legislature to guarantee it the level of results it thinks it deserves, but seems unable to deliver through its own management skills.  The last quarter results are illustrative.  Is failing leadership seeking a bailout from the General Assembly at your expense?

It is even dishonest for Dominion to complain that its current allowed profit margin of 9.35 percent is inadequate, lower than its peers.  Dominion’s real profit margin is fattened by self-serving legislation that allows it to keep 100 percent of any excess earnings until it hits 10.05 percent of profit, not 9.35.  That extra 70 basis points is the “earnings collar” that has existed since 2007.

No such permission to earn excess profits is enshrined in the state laws that govern the “peer utilities” Dominion insists should be used dictate its profit margin.  Since 2007, with the inception of this unique “match our peers” system for setting profit, the SCC’s authority over rates has been handcuffed to an apples and oranges comparison.

If this bill passes and produces an authorized return on equity of 10.07 percent, which the SCC used in its projections, the future Dominion profit margin would really be 10.77 percent.  And on top of that 10.77 percent, Dominion would also keep another 15 basis points (15 percent) of every dollar which is earned beyond that point.  Yeah, this is stunningly great news for its 2.6 million customers. Be sure to thank every Senator who went along.

This is just the latest accounting game Dominion has played to trick the unwary, starting with legislators who have no clue what they are voting on or its long- term implications.  Dominion’s constant goal is to preserve its base rate from any reductions, and it reaches that goal by finding new costs it can charge against base rates to hide the fact that it is earning excess profits.  Rolling those RAC charges into its base rates is a new way to achieve an old goal of protecting the base rates.

Absent the move, the next time the SCC looked at the rates (this coming summer under this bill), the result might be an actual reduction in base rates.  The $350 million it wants to apply toward those RACs might have been customer refunds instead.   Once again, the utility is not being honest with legislators or its customers.  Perhaps its overall financial struggles may have a similar cause.


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Comments

37 responses to “Dominion’s Ads Deceive About Ratepayer Impact”

  1. Stephen Haner Avatar
    Stephen Haner

    Bets on whether they’ve spent the money to have an ad in the
    Super Bowl broadcast tomorrow?

  2. walter smith Avatar
    walter smith

    I’ve heard the ads relentlessly recently and highly doubted the veracity.
    Why would Dominion advertise to lower its rates?
    Gee… what am I now besides a conspiracy theorist or an insurrectionist or a racist or an anti-vaxxer? Anti-capitalist?

    No, in all of these I am an anti-oligarchist. Plenty of evidence out there for people who will open their eyes and think about what they see.

    Cui bono, people.

    1. Stephen Haner Avatar
      Stephen Haner

      If radio ads are running in Richmond, I’ve missed them. Do the ones you heard leave the impression the SCC has claimed this bill saves customers money? That’s the outrage that got my juices flowing.

      1. LesGabriel Avatar

        I have been hearing them quite often on WMAL, 105.9 FM from Northern VA.

      2. walter smith Avatar
        walter smith

        Internet. Probably The Charlie Kirk Show from 12-3. I don’t believe it says SCC has approved. It is more to vote for this proposal to save Va consumers $350 million…

    2. Stephen Haner Avatar
      Stephen Haner

      If radio ads are running in Richmond, I’ve missed them. Do the ones you heard leave the impression the SCC has claimed this bill saves customers money? That’s the outrage that got my juices flowing.

  3. LarrytheG Avatar

    I seem to remember in years past:

    1. – Dominion was found to have made excess profits and was supposed to return them and the GA let them not.

    2. – The Trump tax cuts returned a windfall to Dominion and again, the GA let Dom keep them.

    3. – When the decision was made to clean up the coal ash, the GA, once again, let Dominion charge for it and at a profit.

    So, now we want change? 😉 especially since Youngkin and company have taken over and will demonstrate the right way to govern?

    snicker…

    1. Stephen Haner Avatar
      Stephen Haner

      Actually, we did see a tick down in the rates due to the changes in the federal tax code. Took some doing, though, as I recall. Dead right on the other two.

      1. f/k/a_tmtfairfax Avatar
        f/k/a_tmtfairfax

        Since federal income taxes are an expense for ratemaking, changes in the tax rates must be accounted for in the determination of a utility’s expenses for ratemaking purposes. A tax rate decrease should be passed through in the form of lower rates, and vice versa.

  4. William O'Keefe Avatar
    William O’Keefe

    I wonder if anyone has asked the RTD if they required Dominion to provide evidence to support its claim? Silly question. RTD is only interested in receiving the advertising revenue.

    1. Stephen Haner Avatar
      Stephen Haner

      I wonder if the SCC itself will push back. It’s just the one judge. Being a government agency, there is no lawsuit for damage to his reputation. But to cherry pick one line from pages and pages of letters and twist that into an endorsement is beyond the pale. The current company leadership has all the morals of a bunch of political campaign hacks, which is what they really are. I might not want to be the next Dom lawyer in front of that one judge.

      I bumped into Tom Farrell’s widow and son at a funeral home visitation recently and was reminded the company once had better leadership, at least incapable of this lack of honor.

      1. William O'Keefe Avatar
        William O’Keefe

        I guess we should consider ourselves lucky that rates aren’t higher and reliability worse.

  5. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    There are a couple of items here I don’t understand. From the beginning, I could not understand how the SCC came to the conclusion that rolling the RACs into the base rate would save consumers money. If they would save that little amount indicated, I would rather have free-standing RACs that provide some transparency to the overall bill. Another reason is the one you mentioned, rolling them into the base rate would protect the base rate.

    The second thing that is confusing is why is Dominion so bent out of shape over the last quarterly report? The article seems to say that the overall decline is due primarily to one-time costs or write-offs. I am not very business-savvy, but it seems to me that companies do this regularly. Is that why the stock price has declined? If so, there should be some good news ahead with those one-time charges behind them and a guaranteed profit margin to work with.

    1. LarrytheG Avatar

      I confess, I do not understand it either.

      In terms of whoppers, is this on the same scale as the GOP saying they never wanted to whack social security? 😉

      1. Dick Hall-Sizemore Avatar
        Dick Hall-Sizemore

        Stay on topic, Larry. We don’t want to get into a long stream on that.

    2. Nancy Naive Avatar
      Nancy Naive

      Dominion has achieved “utility” status rather than an energy stock.

      https://www.brkenergy.com/news/berkshire-hathaway-energy-completes-acquisition-of-majority-of-dominion-energy-gas-transmission-and-storage-business

      They are the bread and butter of “income funds”, i.e., risk level 3, large cap value, designed to produce steady and regular income to retirees, dividend over capital gains. Thus…

      “The second thing that is confusing is why is Dominion so bent out of shape over the last quarterly report?”
      Institutional investors actually read them and computational trading occurs. The funds owning D have a goal of steady share price and dividend yield.

      “The article seems to say that the overall decline is due primarily to one-time costs or write-offs. I am not very business-savvy, but it seems to me that companies do this regularly.”
      If they can get away with calling it a one-time cost, it can stop a triggered sell off.

      “Is that why the stock price has declined?”
      Probably not. You would have to compare to their index for contrary movement. They could be down with everyone else. A rising tide may float all boats, but a falling tide makes a rusting hulk resting on the bottom look good.

      On Nov 8, “ Dominion Energy is embarking on a “top-to-bottom” review of its investments and operations to address underperforming share values, the company announced.”
      This is when Dominion broke downward from Duke and the Vanguard Dividend Appeciation fund (I forget it’s real naame).

      “If so, there should be some good news ahead with those one-time charges behind them and a guaranteed profit margin to work with.”
      This is how great fortunes are lost. See rusting hulks. But does explain the little pop.

    3. William Chambliss Avatar
      William Chambliss

      Taking costs out of RACs and putting them into base rates reduces the amount collected each month under the RAC. Base rates will not automatically be adjusted upward by the amount “rolled in.” Thus, customers no longer pay these costs until base rates are adjusted (which Dom works very hard to keep from happening).

  6. Walter Hadlock Avatar
    Walter Hadlock

    The full page ad ran in this morning’s (Sunday0 Washington POST.

  7. Nancy Naive Avatar
    Nancy Naive

    Wait! Aren’t you of the “Bonnie & Clyde” and “Butch Cassidy & The Sundance Kid” generation?

    And yet no love for these gonifs?

    I really think Hampton Roads should really rethink their celebrations of Black Beard.

    The free market will punish these rascals for this.

  8. Stephen Haner Avatar
    Stephen Haner

    Dominion might accuse me of playing a bit fast or loose. The SCC analysis on future impact I cite is for the introduced bill. The bill that passed the Senate was amended to impose the new return on equity calculation for just the next few years. The problem is, as surely as the sun rises and the flowers bloom, Dominion will return to the Assembly later with a new scheme. And Dominion is hardly done with this bill, still alive. It was deceptive for the company to cite only part of the SCC analysis, one single facet it can present as a customer savings. It was dishonest to imply an SCC blessing.

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Those “temporary” returns on equity will be like “temporary” tax cuts; they will be extended or made permanent.

    2. Nancy Naive Avatar
      Nancy Naive

      And here I always figured you for fast AND loose.

  9. Dr. Havel nos Spine' Avatar
    Dr. Havel nos Spine’

    Utilities are forever claiming that ROE must be set high enough to attract enough capital to carry out the utility’s public service obligations. It may be that Dom has promised so much to climate advocates that Dom’s ability to attract adequate capital is in doubt. Whether raising electric rates to enhance shareholder returns in order to raise the capital required to fund massive investments in wind, solar, energy efficiency, batteries, and the like — is truly in furtherance of the public interest — is an interesting question.

    1. Stephen Haner Avatar
      Stephen Haner

      A corollary: It may be getting hard to sell investors on the OSW with the growing awareness of the problems facing the industry. Siemens, GE, a bunch of them had bad results for 2022 and are in a state of constant begging for subsidies and special treatment, not just from the US taxpayers. And the companies can try to laugh off the whale deaths, but it makes perfect sense that the industrial level noise harms them, and that many turbines will impede migration.

      When Norment offered the Dominion-endorsed amendment to reduce the term of the enhanced return on equity to a shorter period, he directly tied it to the wind project. Again, once in place, I don’t see them letting it sunset.

        1. Nancy Naive Avatar
          Nancy Naive

          Wow! Their use of alternative sources is ballooning.

  10. Dr. Havel nos Spine' Avatar
    Dr. Havel nos Spine’

    Opposing full page adds in today’s RTD. Good idea. Let’s fight this out in the media. It is ironic that if one looks at Title 56 before Chapter 23 (circa 1999), the Code of Virginia sufficiently directed the SCC to sort out these complex, crucial and often competing issues.

    1. LarrytheG Avatar

      Not a new thing for Dominion but rather their traditional approach over the years.

      None the less, an impressive array of diverse opposition orgs, some I’ve never heard of but others I have.

      https://uploads.disquscdn.com/images/c9ef4be42f88812e8d9b47e93222b080d77d330f60fb4c8e47af748f45fc3b6f.jpg

  11. William Chambliss Avatar
    William Chambliss

    Another nearly wholly unreported aspect of Dominion’s earnings (and Apco’s) is that all costs collected under the RACs include guarateed profit margin. Return on equity is a cost that is 100% recoverable under the RACs. Dominion’s “competitors” in the Southeast US, whose regulators would be setting the ROE for Dom under its new legislation only set “authorized” returns. It is up to the utility to manage its way to actually earning those returns. None (or very little) of the profit margin return on equity in those states is recovered in an automatic adjustment clause.

    1. LarrytheG Avatar

      And I doubt seriously that 1 in a thousand of the folks who pay their bills understand any of this or care, as long as they think their bills are not a lot more than before.

      I’d bet that many folks actually pay more for cable TV and internet or cell phones than electricity.

      What is it , less than $10-15 a day to run your entire house 24/7?

      1. William Chambliss Avatar
        William Chambliss

        You don’t think people are agitated about the increases in their electricity bills? I want some of whatever you’re having….

        1. LarrytheG Avatar

          Oh I think they are but there is competition , gasoline, cable TV, cell phones, eggs, RENT!

          you could say that electricity prices are due to supply chain shortages or OPEC and
          it would be the same!

          😉

          1. LarrytheG Avatar

            Oh and if you asked what they could do without if push came to shove?

            😉

  12. Dr. Havel nos Spine' Avatar
    Dr. Havel nos Spine’

    Mr. Buffett says owning utility stocks won’t make you rich, but they will keep you rich. Owning a well-diversified portfolio of utility stocks in states with legislatures owned by the utility makes good sense; Dom’s attempt to better tie its own guaranteed ROE to ROEs in those utility friendly states is a clever form of double leveraging. The higher ROE combined with the massive spending itself may get ratepayers excited down the road as costs are recovered.

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