The window to call a special session regarding the proposed merger of Dominion Energy and NextEra Energy has closed without action from Gov. Abigail Spanberger, state Sen. David Suetterlein and Del. Joe McNamara said Wednesday.
The Sept. 30 procedural deadline passed without a call from the governor for a special session of the General Assembly to extend the time limit for the Virginia State Corporation Commission to review the proposed $67 billion merger of Dominion Energy and NextEra.
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An extended review period saw public bipartisan support from current and former lawmakers, including former Republican Gov. Jim Gilmore and Democratic Lt. Gov. Ghazala Hashmi. Attorney General Jay Jones, also a Democrat, had recently begun arguing for a similar extension.
Suetterlein and McNamara sent their request for a special session to Spanberger in July.
“Today, Governor Spanberger failed to take the simplest action to protect Virginians from the threat of even higher electric bills,” the two Republicans from Roanoke County said in a joint statement Wednesday. “Despite her ticket mates’ efforts, Governor Spanberger has continued to side with the electric monopolies and allowed the deadline to pass, giving up Virginia’s best opportunity to provide the State Corporation Commission additional time to examine the deal. Working families already burdened by rising electric bills will live with the consequences of that decision.”
Though Spanberger did not call for a special session, in August she formally intervened with the SCC on the pending merger. The legal step of intervening means that she requested to be a party to the case in her capacity as governor; she cited priorities including affordable energy and protecting Virginia’s utility workforce.
The General Assembly is currently in the midst of an open special session, which means the governor is not the only authority who could call members back to Richmond to consider a deadline extension. House of Delegates Speaker Don Scott, D-Portsmouth, and the state Senate Rules Committee could also call for a special session. Neither Scott nor Sen. Mamie Locke, D-Hampton, who chairs the Senate Rules Committee, responded Wednesday when asked via email why they have not called for a special session.
As it stands under state statute, the SCC is required to issue a determination of merits of a merger within 60 days from a completed application. One extension of no more than 120 days is allowed, and if no determination is made within that time frame, approval is issued by default.
Dominion Energy and NextEra filed for their proposed merger on July 15 with five regulatory bodies: Virginia’s State Corporation Commission, the utility commissions of North Carolina and South Carolina, the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission.
The deadline for the SCC to complete its regulatory review is Jan. 11, 2027. Virginia has the shortest time frame to make a merger decision, Suetterlein and McNamara said.
The two lawmakers pointed out in their July request to the governor that the Virginia Constitution provides a narrow window for the General Assembly to act to extend the time limit for the SCC’s decision beyond the current 180 days.
Legislation enacted during a special session takes effect on the first day of the fourth month following adjournment of that session. Even if the General Assembly were to act this week, the extension wouldn’t take effect until February at the earliest, missing the SCC’s deadline by weeks. And legislation passed during the 2027 regular session is typically scheduled to take effect July 1, after the SCC’s deadline and near the companies’ anticipated closing on the merger.
The General Assembly had an opportunity to extend the SCC deadline during the first 2026 special session in June. A House budget amendment that was not included in the final spending package would have extended the review process to 270 days, or eight months, with an option to add on an additional 90 days.
Dominion Energy and Florida-based NextEra Energy announced their intention to combine companies in May to create what they said would be the largest regulated electric utility business in the world.
The companies said at the time that they expected the deal to close within a year to 18 months.
The combined parent company would operate under the NextEra Energy name, although Dominion would continue as Dominion Energy Virginia in the commonwealth. The parent company would maintain headquarters in both Virginia and Florida and operational headquarters in South Carolina.
It would have approximately 10 million customer accounts, own 110 gigawatts of power generation and have more than 130 gigawatts of “large-load opportunities” in its pipeline.
