Last Friday, November 2, 2018, the State Corporation Commission of the Commonwealth of Virginia (“Commission”) issued a final order (“Final Order”) regarding the application by Virginia Electric and Power Company (“Dominion Virginia”) for a prudency determination with respect to the two 6 MW (nominal) wind turbine generators and related facilities that compose the Coastal Virginia Offshore Wind Energy project (“CVOW Project”) pursuant to Virginia Code §56-585.1:4 F.

In the Final Order, the Commission found that—as a purely factual matter—the CVOW Project would not be deemed prudent as that term has historically been applied by the Commission or under any common application of that term. However, also finding that, as a matter of law, the new statutes governing the case subordinated such factual analysis to the legislative intent and public policy clearly set forth in such statutes, the Commission approved the Dominion Virginia application and found the CVOW Project prudent.