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Preventing utilities from using their monopoly power to engage in abusive practices that harm consumers is a central purpose of the SCC. The regulations that guide this oversight specify that “public service corporations,” which are state-granted monopolies like Dominion Energy, must serve the interests of the public, both in level of service and cost to the consumer.

Unfortunately, Dominion Energy’s withholding of customer overpayments is not serving the interests of the public and now SB 1349, which doesn’t expire until 2020, is shielding it from effective oversight, instead of protecting consumers.

Earlier this month, the state Supreme Court upheld SB 1349 on constitutional grounds. The decision, however, did not weigh in on the merits of the law. It simply found that the legislature had the authority to set limits on utility rate reviews.

Dominion’s ability to overcharge consumers is a problem created by the legislature, at the behest of the powerful utility. It is now critical that the legislature act to undo the harm from the anti-consumer provisions of a law that blocks consumer refunds and restrains the state regulator from proper oversight.

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