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EGACY Yesterday. Today. Tomorrow.
WEDNESDAYS • Aug. 12, 2020
INSIDE
• Change wanted in HR Jail- 2 • Federal agents will not back away - 3 • On the Va. Parole Board debacle - 4 Right: Homeland Security agents to Oregon in July to protect federal property and respond to demonstrations.
Richmond & Hampton Roads
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Biden campaign commits major ad dollars to Black-Press STACY M. BROWN
NNPA - Presumptive Democratic Presidential Nominee Joe Biden is ramping up his campaign with a record setting $280 million advertising buy. During a telephone call on August 5, with the National Newspaper Publishers Association (NNPA), Biden campaign officials said they will spend $280 million for television ads, print and digital advertising, as well as for social media in the run-up to the General Election on Nov. 3. The Biden Campaign will also spend on ad buys with African American-owned media, including the NNPA, TV One and others. Campaign officials said they will continue to add other media outlets targeting African Americans as the campaign moves forward. “We are not taking any chances; the Black vote is very important,” a campaign spokesperson said. “We will engage at a much higher level with NNPA and other outlets than we did for the primary. We are trying to reach all Black American voters, and we must reach all of the outlets.” The campaign has hired Truxton Creative, owned by Terrance Green, an African American media strategist and creative director who was a key contributor in President Barack Obama’s campaigns. The Biden for President African American paid media director is Cameron Trimble. Green has also enlisted the services of Converging Media, a predominately Black-owned media
Joe Biden with Cedric Richmond (D-La.), co-chair of the Biden campaign. buyer, to aid his company’s efforts. “This is just who [Biden] is as a candidate and person,” Congressman Cedric Richmond (D-La.), co-chair of the Biden campaign, told NNPA Newswire. “He got into politics because of civil rights, and he understands the value that African Americans bring to the country, to the campaign and the electorate.” Dr. Benjamin F. Chavis, Jr., NNPA President and CEO, responded, “Black Lives Matter. Black Voters Matter. Today’s announced commitment by the Joe Biden for President Campaign is timely and welcomed news for the Black Press of America. Black-owned media is the most effective approach to mobilizing the largest Black voter turnout in history for the November national elections. The NNPA continues to be the trusted voice of Black America.” Congressman Richmond continued: “Joe Biden understands the value
that the Black Press has always brought, and that is the unvarnished truth directly to Black people in a way they understand it. That is very important, it’s crucial to the survival of those outlets, and we want to reach the people they reach, and we want to support them for who they are and what they mean to society. It’s not a secret that we got here with overwhelming African American support, so this is what we do.” Biden’s live interview with NNPA President and CEO Dr. Benjamin F. Chavis, Jr., in South Carolina in February and the subsequent endorsement of Rep. James Clyburn (D-SC), help to catapult the campaign. “I got started in the African American community. I got involved in the Civil Rights Movement when I was a kid. I helped de-segregate a movie theater, that kind of thing,” said Biden. He opined that the Black vote would likely determine the next
U.S. president. “It’s going to be the determining factor in who the nominee is going to be, and I hope that means who the next president will be,” Biden pronounced, adding that the Black Press serves a vital role in the political process.’ “The Black Press is the way I did my politics. You go where people are,” he said. “You walk into a Black barbershop or beauty salon, and your newspaper was there. It’s who we are. The neighborhood we come from. It’s incredibly important; you’re incredibly important.” Despite a lack of cash during primary season, Richmond said that Biden still spent money with the Black Press. “We did a buy with the NNPA in the primary when the truth is that everybody reported that we were broke, but we wanted to do it,” said Richmond. “We couldn’t do a Bloomberg number at that time, but we did [an ad buy] because it’s who we are,” During the primary, former Democratic Presidential Candidate Michael Bloomberg spent $3.4 million on an ad buy with the NNPA on behalf of the Black Press of America. “The way you spend your money shows your value. This is the same person who says he will have the most diverse administration in U.S. history,” Richmond said. “He’s picking a woman as vice president, and he’s committed to having an African American woman on the Supreme Court. That’s just who Joe Biden is, so as much as people try
Register to vote by Oct. 13. at Elections.Virginia.Gov
The LEGACY
2 • Aug. 12, 2020
Feds demand sweeping change at Hampton Roads Regional Jail in rare court action The U.S. Justice Department has filed a consent decree agreement in federal court with the Hampton Roads Regional Jail that, if approved, would force the jail to better care for its detainees, increase staffing and adhere to the Americans with Disabilities Act The action comes after a lengthy investigation into the jail’s practices. The agreement would be the first consent decree instituted under the Trump administration. Approved in federal court, consent decrees have been used since the 1991 beating of Rodney King in Los Angeles by the Justice Department to improve conditions in jails and force police departments to change practices. In a complaint filed Wednesday in U.S. District Court for the Eastern District of Virginia and signed by Attorney General Bill Barr, the justice department claims jail officials have not corrected longstanding problems. The regional jail is led by a board made up of sheriffs and city officials from Norfolk, Portsmouth, Hampton, Chesapeake and Newport News. Among the issues: • Constitutionally inadequate medical and mental healthcare for prisoners. • Prolonged use of restrictive housing, more commonly known as solitary confinement. • Insufficient numbers of trained and experienced staff. “Many prisoners at the Jail have serious medical needs requiring treatment, and these prisoners are placed at a substantial risk of serious harm when they do not receive adequate treatment,” the complaint filed with the proposed consent decree states. “The Jail fails to provide constitutionally adequate intake, discharge planning, sick call, chronic care, and emergency care such that prisoners are subjected to an unacceptable risk of harm due to delays or lack of treatment.” Board president and Chesapeake Deputy City Manager Robert Geis did not return a call seeking
Attorney General Mark R. Herring comment at press time. In a press release, jail Superintendent Christopher Walz said that the changes will make the jail “a model for treatment of inmates with mental disabilities” in Virginia. He noted that the jail has increased its medical and mental health staff, going from the equivalent of 38 full-time positions in 2015 to about 71 today. Attorney General Mark Herring said the conditions in the regional jail should not be allowed there or in any other Virginia facility. “This proposed consent decree is a step in the right direction as HRRJ works to ensure the safety and health of their inmates, especially those with mental illness,” he said in an emailed statement. “I hope that HRRJ and other facilities around the Commonwealth will reevaluate the ways that they treat inmates and make any needed improvements.” The filing in federal court was nearly five years in the making. In August 2015 Jamycheal Mitchell, who suffered from schizophrenia and bipolar disorder, died in the regional jail after stealing $5 worth of snacks, his cell covered in feces and urine. A year later, in August 2016, the Pilot reported on the death of Henry Stewart, who begged for help in an emergency grievance two days before he died. Herring quickly requested the
Justice Department investigate the jail. In December 2016, the DOJ opened a patterns-and-practice investigation, the last one under the Obama administration, which is designed to address systemic abuses in policing. That investigation concluded in December 2018 when the department sent notice to the regional jail that it was violating the eighth and 14th amendments to the Constitution by failing to provide adequate medical and mental healthcare. It also cited the jail’s practice of placing people with severe mental illness in restrictive housing. Another year-and-a-half passed before the consent decree was filed Aug. 5. Since 2015, at least 22 people have died while in the jail’s custody, including deaths that mirrored those of Mitchell and Stewart. During that time, the jail’s board has resisted attempts to dramatically increase staffing there and hired a succession of superintendents to manage the jail’s daily operations. Regional jails in Virginia get funding from the state and local city governments who use them to house inmates. That puts them in competition for state funds from sheriffs who sit on their boards and with other local agencies. In 2017, then-Superintendent Ronaldo Myers worked to get legislative support for a measure that would have given the jail $5 million in state money for 80 new correctional and support staff. The bill died in a legislative committee after some sheriffs on the board did not support it. Board members also fought to keep their cities’ contributions to the jail’s budget as low as possible. If the decree is approved, the jail would have to pay for an outside monitor for at least three years to oversee its practices. It would also need to increase staffing levels and the quality of medical and mental healthcare.
One chronic problem is having enough staff to transport sick detainees to and from medical appointments. Three staffing studies, none of which were implemented, have pointed out the problem. The consent decree notes that staff will need to be increased to address it. Another long-time problem is a lack of communication between the regional jail and the five jails that send inmates there, which often don’t provide medical records for the inmates. The agreement would require that the regional jail get those records. Jail officials would also have to make sure they are not using restrictive housing as an alternative to medical treatment, provide additional training to jail staff and revise the process for getting people their medications. The complaint notes that the jail has thus far not taken sufficient action to correct these and many other staffing and healthcare problems. That’s led to ongoing conduct that deprives people held there of their rights under the constitution. Since the investigation concluded in 2018, the jail has increased staffing, adding 10 positions in July 2019 and another 10 last month. “Funding has been included in future budgets to add 10 positions in January and July each year, until there is sufficient staffing as suggested by DOJ,” Walz wrote in his press release. The agreement would require the jail to hire additional doctors and nurses and to increase their medical staffing on weekends as well. “Unless restrained by this Court, Defendant will continue to engage in the acts and omissions … that discriminate against prisoners with mental health disabilities in violation of the ADA,” the complaint reads. How much the improvements will cost is unknown, but it’s likely the majority of the funding will have to come from local cities. - Va. Pilot
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Aug. 12, 2020 • 3
Cuccinelli vows federal agents ‘will not back away’ WASHINGTON — The Trump administration’s number two at the Department of Homeland Security last week defended federal law enforcement officers’ intervention in protests in Portland, Oregon, and other cities this summer. Characterizing some of the protests as “mob rule,” Acting Deputy Homeland Security Secretary Ken Cuccinelli (pictured, inset) told lawmakers that federal agents could exert force in other cities if violent protests break out. “DHS will not back away from our responsibilities to protect federal property, the people using those properties, and our brave law enforcement officers,” Cuccinelli, a former Virginia attorney general, said at a Senate Judiciary subcommittee hearing. Many of the protests in Portland have centered around the Mark O.Hatfield Federal Courthouse. President Donald Trump dispatched Homeland Security agents to Portland in July to protect federal property and respond to demonstrations that he and Cuccinelli have characterized as stemming from violent extremist groups. “This country cannot survive allowing mob rule to replace the rule of law… they are not just attacking a federal court house but they are attacking very foundations that make the enjoyment of our natural rights possible, the rule of law itself,” Cuccinelli said. Cuccinelli’s remarks follow a wave of criticism from Democrats and local leaders in Portland about the presence of federal law enforcement in the city – where demonstrations escalated into nightly clashes between protesters and federal officers. Viral videos showed officers in military fatigues using pepper balls and forceful tactics to clear streets and grabbing protesters to drive them away in unmarked cars. Portland Mayor Ted Wheeler has blamed federal agents for escalating conflict. Oregon Gov. Kate Brown and the Trump administration reached an agreement last week for the federal
agents to leave the city in phases, allowing local police to address the situation. Portland has seen weeks of demonstrations following the death of George Floyd, a Black man killed in Minneapolis in police custody. Sen. Marsha Blackburn (R-Tenn.), a member of the committee, joined the hearing remotely and said she supports federal law enforcement. “They are protecting people who are coming peaceably to express their opinion and assemble, and at the same time having to deal with these rioters there to destroy property to harm people,” Blackburn said. When officers put on their uniforms, “they don’t know if there are going to be peaceful protesters or if there are going to be the disruptors and destroyers that show up that they are going to have to deal with,” she said. Protests in Richmond, while peaceful many nights, were ushered in by a weekend of violence and destruction that triggered a police crackdown. Arson and vandalism also erupted last month during a riot that began outside Richmond Police headquarters and spread to other parts of the city. Two police chiefs have resigned amid ongoing tensions between police and protesters. Congressional Democrats have decried the Trump administration’s involvement in the Portland protests. “If this subcommittee wants to protect Americans’ right to peacefully assemble, we should be focused on
preventing federal officers from beating up protesters, tear-gassing them and shooting them in the face,” Sen. Mazie Hirono of Hawaii, the top Democrat on the Judiciary subcommittee that held the hearing, said at its outset. House Intelligence Committee Chairman Adam Schiff said Monday that his panel would investigate the federal government’s response, after reports that Homeland Security officials had gathered intelligence on protesters and journalists covering
the demonstrations. “Let me be clear: reporting regarding the monitoring of peaceful protesters, creating and disseminating intelligence reports about journalists and protesters and potential exploitation of electronic devices is deeply troubling,” Schiff wrote in a letter. Senate Democrats introduced legislation last month that would block the Trump administration from deploying federal forces. Their proposal would prevent the use of unmarked vehicles and limit federal agents’ crowd control activities to federal property and its immediate vicinity, unless specifically requested by a mayor or governor. The bill has 42 Democratic cosponsors, including Virginia’s Tim Kaine and Mark Warner. On the other side of the issue, Sen. Ted Cruz (R-Texas), the chairman of the panel that held Tuesday’s hearing, introduced a bill last month that would put state and local officials on the hook if protestrrs establish “autonomous zones” that shut out police. It would allow citizens to sue state and local officials when they incur damages in those areas.- Va. Mercury
4 • Aug. 12, 2020
Op/Ed & Letters
The LEGACY
Could Parole Board debacle cast a cloud over justice reform? BOB LEWIS Members of Virginia’s Parole Board repeatedly ignored state law and several of its own policies in its decision to grant parole to a man who had served 40 years of a life term, according to a report by the state Inspector General. In a scathing, six-page report released by Republican legislators on Thursday, the board, under the direction of former chair Adrianne Bennett and her successor, Tonya Chapman, failed to notify victims’ relatives, prosecutors and other interested parties as required by Virginia law. The IG report, dated July 28, bore red, boldface instructions at its top and bottom admonishing recipients not to publicly disseminate the document. An almost entirely redacted version was released to The Associated Press in response to a Freedom of Information Act request last week. The investigation does not assess the appropriateness of the decision to parole Vincent L. Martin, who was convicted of capital murder and initially sentenced to death in the point-blank shooting of Richmond police officer Michael Connors, which happened while Martin was on parole for a robbery and weapons conviction. It does, however, depict a The LEGACY NEWSPAPER Vol. 6 No. 32 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
board, prodded by Bennett, that appeared to go to extraordinary lengths to assure that Martin was freed. Also striking in hindsight is the extraordinary deference shown toward the board by Gov. Ralph Northam’s administration after it received the report alleging the misconduct and the repeated stonewalling of its release, either to legislative leaders of both parties, who are required to get a copy under state law, or to the public. At a minimum, it highlights the conflict of having the office of the watchdog responsible for rooting out misconduct and abuse by state agencies, most of them in the Executive Branch headed by the governor, domiciled within the Executive Branch at cabinet level. Inspector General Michael C. Westfall wrote in his report that Bennett and the board: did not notify the commonwealth’s attorney in Richmond where the crime occurred; did not diligently try to reach victims’ survivors; stood up Connors’ relatives for a scheduled conference call after the family learned of Martin’s pending release; and violated state law requiring the board to keep minutes of its monthly meetings. 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. Annual Subscription Rates Virginia - $50 U.S. states - $75 Outside U.S.- $100 The Virginia Legacy © 2016
There was no answer to a phone call to the Virginia Beach Juvenile and Domestic Relations Court offices where Bennett is now a judge, and no capacity for callers to leave voice messages for staff or judges. Nor was there an immediate reply to a message left with the Parole Board for Chapman, whom the report alleges continued Bennett’s policy of stiffarming Connors’ relatives who sought meetings with board members. Republican legislative leaders, who released the report publicly, called on Northam, a Democrat, to replace the entire Parole Board. They also accused his administration of fostering an environment conducive to the sort of violations alleged in the report, then helping the Parole Board keep the damning findings under wraps. The Republican House and Senate leaders were also denied access to the full report until Wednesday night after they sent the administration two demand letters noting that state law mandates that they receive the reports. “This situation is not the exception. Over a 30-day period, this particular Parole Board released over 95 violent felons including 35 convicted murderers. There have been many reports from across Virginia of these same erroneous practices being employed,” said Sen. Mark Obenshain, R-Harrisonburg,
who called for the resignation of all current board members and challenged Northam to fire those who don’t resign, just as former Gov. Mark R. Warner, also a Democrat, did 18 years ago after the board failed to notify a victim’s family. Northam evidently has no plans to sack the current board, Alena Yarmosky indicated in an emailed statement, suggesting Chapman’s position is safe. “Governor Northam has spoken with the new chair of the Parole Board, and reiterated that he expects all notification procedures to be followed, period,” Yarmosky wrote. She also said in the statement that Northam “is glad this report has been made public.” No word on why the governor did not make it public himself when he first had the chance 10 days ago. House Minority Leader Todd Gilbert, R-Shenandoah and a former prosecutor, voiced shock at the extent to which the law was breached to achieve what he said was a predetermined goal of releasing Martin. “The most notable thing is the degree to which the chairwoman of the Parole Board went out of her way to facilitate parole for this individual convicted of killing a police officer. She
(continued on page 5)
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Aug. 12, 2020• 5
P.T. Hoffsteader, Esq.
“It’s not even a dog”
President Donald Trump has rolled back a Barack Obama-era housing rule intended to halt racial segregation and eliminate racial disparities in American suburbs. Trump announced on July 29, that he officially eliminated the Affirmatively Furthering Fair Housing (AFFH) rule that Obama put in place in 2015. The rule required local governments to identify and address racial segregation patterns outlawed under the Fair Housing Act of 1968. The law tied federal funding to efforts to bridge inequalities. The AFFH helped low-income and minority households, many of whom now face housing uncertainty because of the coronavirus pandemic. Some interpret the move as an attempt to stoke fears in Trump’s base, which could drive supporters to the polls in November. To others, the president is no longer using dog whistles. Instead, it’s apparent he has issued a clarion call for white supremacists and other racists that African Americans and other non-whites represent a danger to suburbia.
That the formal announcement of the rule change came on the day before Obama eulogized Rep. John Lewis (D-Ga.) in Atlanta, wasn’t lost on many who expressed exasperation with the president. “Oh my. I mean, it’s not even a dog whistle anymore,” Sen. Chris Murphy (D-Conn.) wrote on Twitter. “Our president is now a proud, vocal segregationist.” Trump called the rule a threat to “the suburban way of life.” “I am happy to inform all of the people living their Suburban Lifestyle Dream that you will no longer be bothered or financially hurt by having low-income housing built in your neighborhood,” the president tweeted. Trump continued to brag about the move during a campaign stop in Midland, Texas. “I ended it two days ago. I signed out the bill. I signed out the article, the rule,” Trump declared. “And it was a bad rule, and it was causing tremendous housing prices going down and crime going up. I ended it. It had been hell for suburbia, now enjoy your life. Now we don’t win the election, that’s going to be reinstituted.” He continued: “You know the suburbs; people fight all of their lives to get into the suburbs and have a beautiful home. There will be no more low-income housing forced into the suburbs.” Carson added that the AFFH rule was unworkable and “ultimately a waste of time for localities to comply with.” Stacy M. Brown
(from page 4) seemed hellbent on letting him out of prison,” Gilbert said. The report says that the board actively avoided meeting with Connors’ family and with a codefendant in Connors’ slaying who wanted to offer the board information adverse to Martin’s case for release. However, it shows Bennett and the board seeking out information favorable toward granting Martin’s freedom. “It really does beg the question of what her motivation was. I know she went out of her way and went all over the map when this was first brought to light, blaming police and saying he (Martin) was innocent on one hand and rehabilitated on the other,” Gilbert said. One of the most stunning disclosures in the report was the finding that, for half a year,, Bennett dispensed with keeping minutes of board meetings, which is not only the law but a fundamental function of any governing board, from state commissions to church and civic clubs. Chapman, after Bennett’s departure, sought to explain it this way: “Bennett’s board meetings were often scheduled, but did not always occur and there were no board meeting notes taken,” the report quotes Chapman as saying. There are no Parole Board meeting minutes from last October through March. The controversy surrounding Martin’s case will likely leave its footprint on the Aug. 18 special General Assembly session. Sen. David Suetterlein, R-Roanoke County, has introduced a bill to
require that all votes Parole Board members take be made public record. Obenshain said other legislation to force more transparency onto the board would be forthcoming. There was no immediate response to messages left for Senate Majority Leader Richard L. Saslaw, D-Fairfax, and with a spokeswoman for House Speaker Eileen Filler-Corn last week. It’s not a subject Democrats are likely to warm to as next year’s gubernatorial race approaches. Along with calls from the Democratic left to “defund police” and other reforms awaiting in the special session, this gives the GOP another talking point against “soft-on-crime” Democrats. It’s an appeal that could have significant traction in Virginia’s Democratic-voting suburbs where support for law enforcement is strong. “I’m not sure based on where our Democratic colleagues are headed in terms of public policy that they are going to have an appetite for more transparency in the area of parole because we are seeing growing momentum on their side to put the parole system back into place for everybody,” Gilbert said. Virginia abolished parole in 1994, a cornerstone issue that George Allen used to capture public frustration at what he called the lenient and deceitful parole system and clinch a surprise victory in the 1993 governor’s race. We may soon see whether it still resonates today. Lewis covered Virginia government and politics for 20 years for The AP. Now retired from a public relations career at McGuireWoods, he is a columnist for the Virginia Mercury
The LEGACY
6 • Aug. 12, 2020
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Includes Internet placement REAL ESTATE ATTN. REALTORS: Advertise your review the proof, make any needed changes and return by fax or e-mail. listingsPlease regionally or statewide. Affordable Printresponse and Digital is Solutions If your not received by deadline, your ad may not be inserted. that get results! Call Landon Clark at Virginia Press Services 804-521-7576, landonc@vpa.net REMINDER: Deadline is Fridays @ 5 p.m. SERVICES DIVORCE-Uncontested, $395+$86 court cost. WILLS $195.00. No court appearance. Estimated completion time twenty-one days. Hilton Oliver, Attorney (Facebook). 757-490-0126. Se Habla Espanol. BBB Member. https://hiltonoliverattorneyva.com.
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Legal Notice NOTICE TO THE PUBLIC OF AN APPLICATION BY VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA FOR APPROVAL OF A RATE ADJUSTMENT CLAUSE RIDER R, BEAR GARDEN GENERATING STATION CASE NO. PUR-2020-00101 •Virginia Electric and Power Company d/b/a Dominion Energy Virginia (“Dominion”) has applied for approval to revise its rate adjustment clause, Rider R. •Dominion’s request represents a revenue requirement of $59,318,000 annually, which would increase the bill of a typical residential customer using 1,000 kilowatt hours per month by $0.22. •A Hearing Examiner appointed by the State Corporation Commission will hold a public hearing in the case on January 26, 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 § 56-585.1 A 6 of the Code of Virginia (“Code”), filed with the State Corporation Commission (“Commission”) an annual update of the Company’s rate adjustment clause, Rider R (“Application”). Through its Application, the Company seeks to recover costs associated with the Bear Garden Generating Station (“Bear Garden Project” or “Project”), a natural gas- and oil-fired combined-cycle electric generating facility and associated transmission interconnection facilities located in Buckingham County, Virginia. In 2009, the Commission approved Dominion’s construction and operation of the Bear Garden Project and also approved a rate adjustment clause, designated Rider R, for the Company to recover costs associated with the construction of the Project. The Bear Garden Project became fully operational in May 2011. In this proceeding, Dominion has asked the Commission to approve Rider R 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 is requesting a Projected Cost Recovery Factor revenue requirement of $54,706,000 and an Actual Cost True Up Factor revenue requirement of $4,613,000. Thus, the Company is requesting a total revenue requirement of $59,318,000 for service rendered during the 2021 Rate Year. For purposes of calculating the revenue requirement in this case, Dominion utilized an enhanced rate of return on common equity (“ROE”) of 10.2%. This ROE comprises a general ROE of 9.2% approved by the Commission in Case Nos. PUR-2017-00038 and PUR 2019 00050, plus a 100 basis point enhanced return applicable to a combined-cycle generating station as described in § 56 585.1 A 6 of the Code. If the proposed Rider R 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 R on April 1, 2021, would increase the bill of a residential customer using 1,000 kilowatt hours per month by approximately $0.22. The Company indicates it has calculated the proposed Rider R rates in accordance with the same methodology as used for rates approved by the Commission in the most recent Rider R proceeding, Case No. PUR-2019-00087, with the exception that in this case the Company did not remove federal customers’ and retail choice customers’ load and usage for the purpose of designing rates. 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. The Commission entered an Order for Notice and Hearing in this case that, among other things, scheduled a public hearing to be convened at 10:00 a.m. on January 26, 2021, to receive the testimony of public witnesses and the evidence of the Company, any respondents, and the Commission’s Staff. Further details on this 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) 3719838 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 26, 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-2020-00101. On or before November 2, 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-2020-00101. On or before November 24, 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-2020-00101. 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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