RICHMOND, Va. — As Dominion Energy and NextEra seek regulatory approval to combine, the companies are fighting to keep the controversial so-called "Robo Memo" from being widely shared.
"Public disclosure of the Robo Memorandum's unfounded allegations, or any details of them, would cause Joint Petitioners and individual third parties irreparable harm," an Oct. 7 SCC Joint Petitioners' Motion states.
The push to restrict the document comes after the chief hearing examiner for the State Corporation Commission ordered NextEra to produce the document — or package of documents — that alleges political misconduct connected to Florida Power and Light.
"The Robo Memorandum was authored by a consulting firm—Matrix, LLC ("Matrix")—that was at one time under contract with NextEra. It was sent on an unsolicited basis to NextEra's then-Chairman and CEO James Robo in the midst of the consulting firm's break-up among its principals, which was the subject of active litigation between them. As stated publicly, the Memorandum alleged misconduct related to political activities in Florida by the former business partner and associates at the consulting firm," the filing states.
NextEra has stated multiple times that the company conducted an independent investigation and found no wrongdoing by current or former employees. The document has never been made fully public.
In its filing, NextEra asked the hearing examiner for confirmation to limit access to the Robo Memo, citing "significant potential for inappropriate public disclosure." The company also noted that the document is part of active litigation connected to a $150 million settlement we've previously reported on.
NextEra says it intends to make the document available, but only in person and on an eyes-only basis for commissioners and intervenors who have agreed to the protective ruling. No notes can be taken while reviewing the document.
"The Robo Memorandum is a compilation of multiple layers of hearsay allegations concerning numerous private individuals, including employees of Matrix, NextEra, and other third parties. Regardless of the Commission's ultimate determination on the admissibility question, the confidentiality of this document must be maintained," the filing states.
This is a developing story, so check back with WTVR.com for updates. Email the CBS 6 Newsroom if you have info, photos or videos to share.
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Eat It, Virginia! with Scott and RobeyUntold with Catie Beck
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