Spanberger calls ‘Robo Memo’ dispute ‘emblematic’ of merger review misunderstanding

RICHMOND, Va. — Gov. Abigail Spanberger is escalating her fight over a controversial document at the center of the proposed $67 billion merger between Dominion Energy and NextEra Energy.

Spanberger is asking the State Corporation Commission to reject NextEra’s efforts to keep the so-called “Robo memo” out of the merger hearing.

The Robo memo is a document addressed to then-NextEra CEO James Robo that outlines findings from an investigation by consulting firm Matrix LLC. The memo details allegations involving election interference, bribery and political influence in Florida.

In a filing with the SCC, Spanberger argues that history matters as Virginia regulators consider the proposed merger and NextEra’s fitness to take control of Dominion.

The original memo remains confidential in the merger case, although the governor’s legal counsel reviewed it in October.

Dominion and NextEra have argued that the document is irrelevant to the proceeding, saying regulators should instead focus on what the proposed merger would mean for Virginians and their electricity rates.

Spanberger argues the SCC should consider more than the potential impact on customers’ bills. She says regulators should also consider NextEra’s track record and whether the company can be trusted.

“Joint Petitioners’ treatment of the Robo Memo is emblematic of their fundamental misunderstanding of what is required to satisfy the Utility Transfers Act standard of review,” the governor’s filing states.

The filing continues, “The Robo Memo, and public reporting about its contents, speak directly to core public interest issues at the heart of this proceeding, perhaps most importantly, the trustworthiness and track record of NextEra.”

The governor’s filing argues those questions are particularly important because NextEra would be entrusted with providing a service the General Assembly has declared is “essential to the public welfare, health, and safety” of Virginians and “of vital public interest.”

NextEra has previously denied any wrongdoing related to the allegations.

The original Robo memo remains confidential in the merger case. I previously obtained a redacted version of the document and reported on what it contains here.

The SCC has not yet decided whether the Robo memo will be admitted into evidence.

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