SCC News

RICHMOND – The State Corporation Commission (SCC) has denied as contrary to the public interest under Virginia law the request of Toll Road Investors Partnership II L.P., or TRIP II, to increase tolls on the Dulles Greenway.


TRIP II had requested toll increase for most cars to $8.10 during peak hours and $6.40 during off-peak hours. 
In its final order issued today, the Commission agreed with SCC Senior Examiner Michael D. Thomas that the proposed rate increases would not be reasonable for users and are likely to discourage the public’s use of the roadway. 


The Commission rejected TRIP II’s argument that the Virginia statute governing the Greenway’s tolls is unconstitutional as applied to TRIP II in this proceeding. The Commission also declined TRIP II’s proposed alternative procedures for streamlining future rate cases but invited TRIP II to convene a stakeholder working group on the subject. 


The Commission considered testimony gathered during a local hearing in Chantilly, Virginia; during a telephone hearing and evidentiary hearing; and filed by parties including Loudoun County, as well as evidence presented by SCC staff.
 

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Contact: Greg Weatherford, 804-371-9141
 

Case Number PUR-2023-00089 – Application of Toll Road Investors Partnership II for authorization for an increase in the maximum level of tolls on Dulles Greenway

RICHMOND – Hurricanes and other natural disasters can take an immense toll on businesses including closures or disruptions that may last for days, weeks or longer. Some businesses may never reopen following a natural disaster, while others that reopen may fail soon after. No business is immune to the effects of natural disasters. Even disasters far away can impact your business by disrupting supply chains and communications.

The State Corporation Commission’s Bureau of Insurance (Bureau) encourages businesses to assess their risk of damage or disruptions from disasters, review their insurance coverage regularly, and adjust it as needed to make sure they have enough coverage to help return their business to operation. Businesses should understand what their policies cover and how much they may need to make repairs, minimize disruptions and pay business expenses – including payroll and payments to creditors – in the event of a disaster.

Contact your insurance agent or company now – before disaster strikes – if you have questions about coverage or filing a claim.

Advance planning is critical. “The survival of your business can depend largely upon how you plan for and respond to disasters,” said Virginia Insurance Commissioner Scott A. White. “Protect yourself and your business physically and financially by preparing for the unexpected and having the insurance coverage you need when you need it.”

The Bureau offers the following tips to help get your business running again as quickly as possible after a natural disaster:

• Assess your risk for certain types of disasters, such as fires or floods.
• Have emergency disaster and business continuity plans in place that include a communications plan, employee contact information, backup vendors or suppliers, a temporary relocation site and procedures for work processes and payroll.
• Make sure your insurance coverage is up to date by reviewing policies and adjusting as needed.
• Know how to respond if disaster strikes.

Educate yourself on what your insurance policies cover and consider the following: 

• What are your deductibles, coverage limits and exclusions?
• Do you need additional or separate coverages such as coverage for damage related to floods or earthquakes, which are not usually covered by standard business insurance policies?
• Do you need separate automobile insurance for business vehicles?
• Are your business and its contents insured for current replacement cost?
• Will you need business interruption insurance to cover loss of income that your business may suffer after a disaster?

Additional steps businesses can take include the following:

• Share business continuity plans with employees and hold disaster simulation exercises.
• Develop a communication plan and procedures for work processes and payroll during a disaster or business interruption.
• Keep preparedness items onsite at your workplace – including disaster provisions, maps with evacuation routes and access to a working radio and mobile apps for emergency instructions.
• Compile and safely store an inventory of assets and equipment (including computer hardware), and back up all personal and company data regularly in case information is lost during a disaster.
• Keep physical copies of important records (such as building plans, insurance policies, bank accounts and employee contact information) in a safe, waterproof and fireproof place.

The Bureau offers free consumer guides specifically geared to businesses. To learn more, contact the Consumer Services Section of the Bureau of Insurance Property and Casualty Division toll-free at 1-877-310-6560 or in Richmond at 804-371-9185 or visit scc.virginia.gov/pages/Insurance.

For additional emergency preparedness information relating to disasters, visit vaemergency.gov.

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Contact: Katha Treanor, 804-371-9141

RICHMOND – August 11 is 811 Day, a day on which the Commonwealth recognizes the importance of always contacting Virginia 811 before you dig. Virginia 811 is the one-call notification center created by Virginia’s utilities to protect their underground facilities from damage, prevent service interruptions to customers, and to avert injury or damage to people or property while digging.

Contacting Virginia 811 to have your underground utilities located and marked is a free and simple process. If you will be excavating at a single address, go online at www.va811.com to enter your request for the marking of utility lines. This online service is available 24 hours a day, 365 days a year.

You may also call 8-1-1 Monday through Friday, 7 a.m. to 5 p.m., excluding state and national holidays. Emergency notification service is available 24/7, 365 days a year as well. Know What’s Below, contact Virginia 811 before you dig and Dig with C.A.R.E!

C.A.R.E. means:

• Contact Virginia 811 before you dig.
• Allow the required time for marking.
• Respect and protect the marks.
• Excavate carefully.

Taking the important first step and contacting Virginia 811 before you dig goes a long way in helping keep Virginia’s underground utility infrastructure damage-free, and our communities, business districts and environment are also kept safe in the process.

To learn more about “Digging with C.A.R.E.” and Virginia’s underground utility damage prevention program, contact the State Corporation Commission’s Division of Utility and Railroad Safety at 804-371-9980 or visit scc.virginia.gov/pages/Utility-Railroad-Safety.

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Contact: Katha Treanor, 804-371-9141

RICHMOND – The State Corporation Commission (SCC) is offering an opportunity for members of the public to hear presentations regarding health insurance rates in Virginia’s individual and small group market for plan year 2025. The presentations will be held on Thursday, August 22, at 9:30 a.m. in the Commission's courtroom C, located on the second floor of the Tyler building, 1300 East Main Street in Richmond. The presentations also will be broadcast online through a live webcast available through the SCC’s website.  

The SCC has historically delegated to its Bureau of Insurance (Bureau) its responsibility for reviewing and approving rates for health benefit plans issued in Virginia in the individual and small group markets. The Bureau, with assistance from the Virginia Department of Health, performs plan management functions required to evaluate health benefit plans and stand-alone dental plans for participation in Virginia’s Health Benefit Exchange in accordance with the federal Patient Protection and Affordable Care Act. The Bureau has until August 30, 2024, to complete its review of Qualified Health Plans (QHPs) for the 2025 plan year.

Before providing the results of its QHP certification recommendations to the SCC’s Health Benefit Exchange Division, and before finalizing form and rate approvals for health insurance products for sale and use in Virginia both on and off the Exchange, the Bureau receives insurance company rate information from all carriers and coordinates in-person insurance rate presentations by select carriers. Those presentations provide an overview of the range of rate impact or change for identified health insurance products proposed to be offered in the individual and small group markets for use in Virginia as of January 1, 2025. The presentations also review the Virginia health insurance market as a whole and focus on some key factors in rate changes.

To listen to the presentations, visit scc.virginia.gov/pages/ACA-rate-form-filing-information and review “Upcoming Meetings.” Information and instructions on how to submit public comments will be provided during the rate presentations.

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Contact: Katha Treanor, 804-371-9141

SCC case number INS-2024-00055 – In Re: In the matter of presentations of premium rates in connection with individual and small group health insurance coverage

RICHMOND – August is the time when many students head to college, some for the first time. While college means new classes, instructors, friends and living quarters, it can also mean new insurance needs.

The State Corporation Commission’s (SCC) Bureau of Insurance (Bureau) encourages Virginia families with college students to make sure their college prep checklist includes a thorough review of both their own insurance needs and those of their students. “Protect yourself and your family financially by ensuring your student has the insurance coverage they need for their health, auto, living space and belongings before they leave for college,” said Virginia Insurance Commissioner Scott A. White. “Make sure they understand their coverage and how to file a claim, if needed.”

The Bureau encourages parents and students to shop around for insurance coverage and compare premiums and policy provisions. Read any insurance policy carefully and make sure you understand exactly what is covered, as well as exclusions, deductibles and limits. If you have questions or concerns, contact your insurance agent or company.

The Bureau offers the following insurance considerations for parents and college students:

HEALTH

College students have several options for getting health insurance. Under federal law, students may be able to stay on their parents’ health insurance until they turn 26 years old. If your student remains on your health insurance policy, make sure they have a copy of any insurance cards and understand what services are covered, as well as know how to obtain referrals, if necessary, before seeking treatment. Under some health insurance policies, your student would need to find a physician or hospital that is within your insurance carrier’s provider network – except for emergency care – or pay more out of pocket if a provider is outside your carrier’s network.

Students who do not have health insurance through a parent's policy, or who have limited coverage due to provider networks or service areas, may opt to purchase a student health insurance plan through their college or university. Students also may be eligible for a Special Enrollment Period that would allow them to apply for a private health insurance plan through Virginia’s Insurance Marketplace at marketplace.virginia.gov.

PERSONAL PROPERTY AND HOUSING

College students often take many valuable items with them to school, such as laptops, printers, mobile phones, televisions, gaming devices and bicycles. When reviewing your insurance needs, consider how much it would cost to replace everything in your student’s dorm room or apartment if a theft or disaster occurred.

For students who live in on-campus student housing, their parents’ homeowners or renters policy may cover their belongings if they are stolen or damaged. Some policies, however, may limit the amount of coverage provided. Certain items – such as jewelry or expensive electronics – may require special coverage. In the event of a loss, policy deductibles may also apply.

Students living off campus should consider renters insurance, which typically covers a tenant's personal property and insures the tenant in case someone is injured on their leased premises. Landlords’ policies generally only cover the structure, not a renter’s possessions. Renters insurance premiums vary depending on the location of the rental unit and the value of the tenant's possessions.

No matter where your student lives, an inventory of personal property will help you and your student determine how much insurance is needed. If a loss occurs, the inventory can facilitate the claims process. Free smartphone apps – like the National Association of Insurance Commissioners’ (NAIC) Home Inventory – make creating a home inventory easy.

AUTO

For college students planning to take a car to school, parents should ask their insurance agent or company about coverage availability – as well as rates for the city and state where the college is located – before deciding whether to keep the student’s car on the family policy. If your student is attending college in another state, make sure you know that state’s minimum requirements for auto insurance coverage. Additionally, check with your agent or insurance company about good student discounts on the vehicle’s insurance premiums for students who maintain good grades.

Students whose names are on the title for a car should be named as an insured on the auto insurance policy. However, they may be able to stay on their parents' policy if their parents own the vehicle they will use at school. Tell your insurance agent where the vehicle will be kept if the address is different from what is on the policy.

For more information, contact the Bureau toll-free at 1-877-310-6560 or in Richmond at 804-371-9741 or visit its website at scc.virginia.gov/pages/Insurance.

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Contact: Katha Treanor, 804-371-9141

RICHMOND – The State Corporation Commission (SCC) will hold a hearing in Loudoun County on September 5, 2024, to receive public testimony on a request by Dominion Energy Virginia to build the Aspen-Golden and Apollo-Twin Creeks electric transmission facilities.

The public hearing is scheduled to begin at 6 p.m. and conclude at 10 p.m. in the Belmont Ridge Middle School auditorium, 19045 Upper Belmont Place, in Leesburg. Persons intending to testify as public witnesses should arrive at least 15 minutes prior to the meeting and register with the Commission’s bailiff. Witness statements will be limited to five minutes in length.

The SCC also offers a public witness session by telephone to begin at 10 a.m. on August 6, 2024. Public witnesses intending to provide oral testimony telephonically at this hearing must pre-register with the SCC by 5 p.m. on July 31, 2024. The hearing will be webcast at:  scc.virginia.gov/pages/Webcasting.

Public witnesses wishing to provide telephonic testimony may preregister in one of three ways:

• Completing a public witness form for case number PUR-2024-00032 or PUR-2024-00044 on the SCC’s website at: scc.virginia.gov/pages/Webcasting.
• Emailing the same form (PDF version on the same website as above) to SCCInfo@scc.virginia.gov.
• Calling the SCC at 804-371-9141 during normal business hours (8:15 a.m. – 5 p.m.) and providing your name and the phone number you wish the Commission to call to reach you during the hearing.

For those who prefer, there is also an opportunity to provide comments in writing on the proposed transmission line projects. Written comments may be submitted through the SCC’s website by September 10, 2024, at scc.virginia.gov/casecomments/Submit-Public-Comments. Simply go to the SCC website, hover over the word “Cases” and select “Submit Public Comments” from the menu that appears. You will see a list of “Cases Currently Accepting Public Comments.” Scroll down to case numbers PUR-2024-00032 and PUR-2024-00044. Then select “Submit Comments.” 

Comments can also be submitted by U.S. mail to the Clerk of the State Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond, Virginia 23218-2118. All comments must refer to case number PUR-2024-00032 or PUR-2024-00044.

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Contact: Andy Farmer, 804-371-9141

Hearing Examiner's Ruling Scheduling Local Hearing

Case Number PUR-2024-00032 – Application of Dominion Energy Virginia for certification of electric transmission facilities: Aspen-Golden Project in Loudoun County 
Case Number PUR-2024-00044– Application of Dominion Energy Virginia for certification of electric transmission facilities: Apollo-Twin Creeks Project in Loudoun County

RICHMOND – The State Corporation Commission (SCC) has named Joseph F. Damico its chief administrative officer.

Damico joins the Commission on July 25, 2024. He recently served as the deputy director the Richmond Department of Public Works. Prior to that, Damico served in leadership roles for more than 21 years at the Virginia Department of General Services (DGS), including six years as the director. He has over 30 years of public service experience. 

As the SCC’s chief administrative officer, Damico will oversee administrative divisions responsible for the SCC’s budget, human resources, computer technology, data security, public relations, procurement and facilities management. 

At DGS, Damico oversaw its statewide scope of responsibilities managing Virginia’s public health and environmental laboratory; procurement of non-technology goods and services; capital outlay management; construction management; real estate; management and maintenance of Capitol Square grounds and buildings; fleet management; the state and federal surplus property programs; and mail delivery at the seat of government. Damico managed an agency with more than 700 authorized employees and an annual operational budget of approximately $270 million, with an additional approximately $500 million in capital outlay projects. Among the major initiatives he led was the construction and renovation of projects to enhance and preserve Capitol Square, including that of the new General Assembly Building, Old City Hall, the Barbara Johns Building and Reid’s Row – all historically significant buildings – as well as repairs to the Capitol and enhancements to the grounds in and around the Capitol. 

Damico replaces Samuel A. Nixon Jr., who is retiring this month after nine years with the SCC. Prior to joining the SCC, Nixon was the chief information officer of the Commonwealth and the director of the Virginia Information Technologies Agency from 2010 to 2015. Nixon was a member of the Virginia House of Delegates from 1994 to 2010, representing Chesterfield County.

The SCC, established in 1902 by the Constitution of Virginia, holds jurisdiction over many businesses that directly impact Virginia consumers. The SCC’s authority encompasses utilities, insurance, a health benefit exchange, state-chartered financial institutions, securities, retail franchising, railroads, and underground utility safety.

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Contact: Greg Weatherford, 804-371-9141

RICHMOND – Longtime Commissioner Theodore “Ted” Morrison Jr. was remembered by fellow former commissioners as tough yet thoughtful, with a sharp legal mind and an encyclopedic knowledge of the Virginia General Assembly.  

Morrison, who died July 6, 2024, “could push hard,” recalled former Commissioner James Dimitri, who faced Morrison’s sharp questions both while working under him as SCC general counsel and while appearing before him in the courtroom. “But he would in the end work to be fair about what he was doing.”

Before serving as Commissioner from 1989 to 2008 – including six stints as chairman – Morrison served for 20 years in the Virginia House of Delegates. He was named to and helped lead many influential legislative committees and commissions including the Virginia Code Commission, the legislative body that arranges for the codification and incorporation of laws into the Code of Virginia. He was a founding member of the Joint Legislative Audit and Review Commission and chief patron of a bill creating the Court of Appeals of Virginia.

When elected Commissioner, Morrison brought that wealth of experience and insight on the General Assembly to the SCC.

Said former Commissioner Hullihen Williams Moore, “He not only knew the law, he knew the people who were making those laws.

Moore added, “He was a very fine, smart, helpful, articulate colleague. And he always told you what he thought.”

FERC Commissioner Mark Christie, who served alongside Morrison as SCC Commissioner, noted, “The first time I sat on a hearing where Ted presided, I knew I would learn how to preside over a hearing from him, so I better pay close attention – and I always did. I think it is fair to say Ted Morrison did not suffer fools gladly (and I do not exclude myself, as he occasionally made clear – but I learned each time).”

Christie continued, “He was the epitome of what an SCC judge should be: scrupulously fair both to consumers and to utilities and other regulated businesses, including banks and insurance companies. He was very concerned to make sure that consumers were treated fairly, and he brought that concern to protect consumers to the SCC."

Christie concluded, “I have always taken that lesson to heart, and in that sense Ted Morrison has always been my role model for how regulators should fulfill their duties. After Ted had retired, I frequently asked myself, ‘What would Ted do?’ And the answer was usually the right answer.”

Former Commissioner Judith Jagdmann called Morrison “a force of nature.”

“I had the pleasure of working both for and with him,” she added. “Like many intelligent and highly accomplished individuals, the judge was not known for his patient demeanor or subtlety. He expected you to know your position and defend it.  While he didn’t expect perfection, he demanded honesty and diligence. The Commission and the citizens of Virginia benefited greatly from his service. I count it a privilege to have served with him.”

Morrison attended Newport News High School and Emory University in Atlanta, where he graduated first in his class and was admitted to the Georgia bar before graduation.

He is survived by his wife of 40 years, Sharon Bundy Morrison, and three sons. A stepson preceded him in death. A memorial service has not yet been scheduled.

Morrison’s work at the SCC helped shape its culture, say those who worked with him. In summing up Morrison's vast contributions, SCC Chairman Jehmal Hudson stated, “Ted never strayed from his commitment to providing the highest possible quality of public service. He took great pride in the Commission and its employees. Virginians can take great pride in Ted’s leadership and his enduring legacy. It is an honor to count him among the ranks of our commissioners.”

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Contact: Andy Farmer, 804-371-9141

RICHMOND – Summer has arrived, and the State Corporation Commission (SCC) Bureau of Insurance (Bureau) encourages Virginians to assess their insurance coverages before hitting the road, the beach or the water.

“Don’t let a lack of insurance coverage put a damper on your summer fun,” said Virginia Insurance Commissioner Scott A. White. “Anticipate summer hazards now to minimize their potential financial damage by ensuring your insurance coverage is adequate and up to date.”

Know your coverage 
In the event of a theft, a medical emergency, an injury on your property, or damage to your home or vehicle, know the limits of your coverage and if you need additional insurance. Also understand your insurance deductibles and how to file a claim.

Swimming pools 
Do you have a pool? Homeowners policies will typically provide “other structures” coverage for in- or above-ground permanent pools. Smaller non-secured pools are typically protected by personal property coverage. Contact your company or agent to confirm what your policy will cover.

Keep an inventory 
When it comes to personal property, the Bureau reminds Virginians to review and update home inventories to help determine appropriate coverage for belongings and help with the claims process if damage or other property loss occurs. Free smartphone apps like the National Association of Insurance Commissioners’ (NAIC) – NAIC Home Inventory – makes creating a home inventory quick and easy.

High water can affect anyone 
Homeowners, renters and commercial insurance policies issued in Virginia typically do not cover damage due to flooding, surface water or storm surge. The federal government’s National Flood Insurance Program (NFIP) offers flood and flood-related insurance coverage. Bear in mind there may be a 30-day waiting period for policies to take effect; trying to get coverage right before an impending storm or potential flood might be too late. Contact the NFIP at 1 800-427-4661 or visit floodsmart.gov for more information, or contact your insurance agent or company regarding coverage options.

Travel Considerations 
If summer includes travel plans, understand your health insurance coverage in case you need medical treatment at an urgent-care facility or hospital. Keep policy information and insurance cards with you and be sure emergency contact information is current. If you buy travel insurance, understand what is and isn’t covered before your trip, including any exclusions for pre-existing conditions.

Autos and RVs 
Review your auto insurance policy prior to hitting the road. Check liability limits to ensure proper protection against personal injury or property damage because of an accident. Keep a copy of your insurance card with you and know what to do if an accident occurs. 

Recreational vehicle (RV) insurance covers risks similar to auto insurance including collision, comprehensive and liability coverage. Personal belongings on board, equipment and attached accessories such as awnings and satellite dishes may require additional coverage. Virginia does not require individuals to purchase RV insurance, but lenders may require it.

Boats and other watercraft 
Boat owners are encouraged to evaluate their insurance coverages before getting out on the water. Policy coverage on boats includes collision, property damage liability, bodily injury liability and comprehensive. Additional coverage options available include medical payments, personal property, roadside assistance, damages and injuries suffered in accidents caused by uninsured or underinsured boaters. Personal watercraft (PWC) may require separate coverage. Depending on the size, type and value, some watercraft may even be covered as part of your homeowners policy.

For more information about these or other insurance-related topics, contact the Virginia Bureau of Insurance in Richmond at 804-371-9741 or toll-free at 1 877-310-6560, or visit its website at scc.virginia.gov/pages/Insurance.

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Contact: Jordan Bondurant, 804-371-9141

RICHMOND – Seniors lose billions of dollars annually due to financial exploitation. The loss to individual victims averages tens of thousands of dollars. Many times, the financial exploitation goes unreported.

On World Elder Abuse Awareness Day (June 15), the State Corporation Commission (SCC) reminds seniors, caregivers, financial professionals and all Virginians to recognize the signs of elder financial abuse and know how to report it.

Financial abuse can take many forms, including efforts to sell seniors fraudulent investments in person, online or by phone, or attempts to access their investment accounts for personal gain. It can be perpetrated by friends, family, caregivers, financial professionals or strangers. Seniors who have disabilities, rely on others for help or are socially isolated are especially vulnerable.

“Senior financial exploitation can happen anywhere, anytime and to anyone,” said Doug Joyce, director of the State Corporation Commission’s Division of Securities and Retail Franchising (Division). “Increasingly, seniors are being targeted by scammers. Perpetrators often strike when seniors are most vulnerable such as during a health crisis or after the death of a loved one. Social isolation and seniors’ increased reliance on the internet for many daily activities only compound the problem.”

In some cases, scammers may target their victims using personal details gleaned from obituaries and social media posts. Some may exploit established relationships within a senior’s social and support groups to become more involved in their life.

Possible red flags of senior financial abuse include the following:

• Surrendering passwords and control of finances to a new or overly protective friend or caregiver;
• Suspicious signatures on checks or other documents;
• Unusual activity in investment or bank accounts, including large, frequent or unexplained withdrawals or transfers between accounts;
• Unusual or sudden changes to beneficiary designations or to legal or financial documents involving investments, such as power of attorney, wills, trusts, retirement accounts or insurance policies, or documents that suddenly go missing;
• Unexplained financial activities, such as the disappearance or “gifting” of assets, valuables or securities;
• Fear of or sudden change in feelings toward friends or family members; and
• A lack of knowledge by a senior about their financial status or reluctance to discuss financial matters.

Joyce encourages Virginians who suspect they or a loved one are the victims of investment fraud or possible senior financial exploitation to contact the Division by telephone (in Richmond at 804-371-9051 or toll-free at 1-800-552-7945), or by email at SRF_General@scc.virginia.gov. Additional information is available on the Division’s Invest Wisely web page at InvestWiselyVA.com.

The North American Securities Administrators Association, of which the Division is a member, also has developed resources to help individuals identify investment fraud and know how to report suspected elder financial abuse. These resources are available at nasaa.org/investor-education/senior-investor-resource-center/.

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Contact: Katha Treanor, 804-371-9141