The Plutocrat vs. the Monopoly


This is an old school story about monopoly energy, soiled cash, bipartisan corruption, shopper exploitation, and what Supreme Courtroom Justice Louis Brandeis known as “the curse of bigness.” It’s additionally the story of a current victory over all these issues—one which united the Sierra Membership, Individuals for Prosperity, Amazon, Google, and progressive and conservative members of the Virginia legislature. That story alone is uncommon sufficient to be value telling. It may additionally have hopeful implications for our perpetually caught politics.

Dominion Power is a utility company that gives energy to two-thirds of Virginians. The Dominion title and brand are inescapable: on month-to-month payments, utility vans, and regional places of work; on the glass headquarters that towers over Richmond and the close by Dominion Power Middle for performing arts; on the Charity Basic golf event and all the opposite sports activities occasions and philanthropies that the utility sponsors. Dominion is regulated as a monopoly by the State Company Fee, or SCC, whose process is to set truthful charges for the shopper and a good return for the utility. Dominion additionally supplies greater than $1 million a 12 months in marketing campaign items to Virginia politicians (the state locations no limits on political contributions), together with members of the overall meeting, who cross the laws that determines how the corporate is regulated. The principle authors of those payments are Dominion’s attorneys and lobbyists.

Previously decade and a half, the overall meeting handed a sequence of Dominion payments that steadily neutered the SCC, freed the utility’s charges from regulation, and allowed Dominion to overcharge Virginians (the time period of artwork is overearn) by about $2 billion—by one reckoning, $3 billion—on their electrical payments. Overrearnings had been purported to set off refunds to prospects, however as a substitute huge income went to company executives (Thomas Farrell, who led Dominion for 15 years and died the day after he stepped down in 2021, averaged $14 million a 12 months in compensation), to shareholders, and to the acquisition of different corporations. As for Dominion’s prospects, their refunds amounted to lower than a 3rd of the corporate’s extra earnings.

This association was totally authorized and scarcely seen for years. It’s a evident model of the corruption that underlies a lot of American politics.

I not too long ago sat on a park bench outdoors Richmond’s 18th-century neoclassical capitol whereas Albert Pollard, a former Democratic Home delegate, now a lobbyist with the Virginia Poverty Regulation Middle, defined how Dominion had managed this feat. In 2007, the legislature handed a sweeping legislation to control vitality. If, in a biennial evaluation, the SCC discovered that Dominion earned greater than was legally allowed, prospects would obtain a partial refund. However Dominion lobbyists wrote provisions that locked in income nicely above what the SCC licensed, and that prevented the SCC from decreasing electrical charges except Dominion overcharged in two consecutive opinions.

With every new legislative session, Dominion launched a invoice with new accounting methods (for instance, accelerating the depreciation of storm-damage prices) that artificially lowered its earnings, thereby lowering refunds and stopping decrease charges. Stephen Haner, a former lobbyist with the Newport Information shipyard, was within the room in Richmond the place these payments had been negotiated. “Dominion’s recreation was all the time to make it possible for the bottom charges by no means went down,” he instructed me, “and for a decade or longer, they by no means went down.”

Dominion’s lobbyists smothered the of the Virginia code with the form of language that tells you that somebody not within the room goes to get screwed:

In any triennial evaluation continuing performed after December 31, 2017, upon the request of the utility, the Fee shall decide, previous to directing that 70 p.c of earnings which might be greater than 70 foundation factors above the utility’s truthful mixed price of return on its technology and distribution companies for the take a look at interval or intervals beneath evaluation be credited to buyer payments pursuant to subdivision 8 b, the mixture stage of prior capital funding that the Fee has accredited apart from these capital investments that the Fee has accredited for restoration pursuant to a price adjustment clause pursuant to subdivision 6 made by the utility through the take a look at interval or intervals beneath evaluation …

It could take an excessive amount of area to cite the second half of the sentence.

“Dominion realized that legislators didn’t actually know something about utility regulation,” Pollard instructed me. “If it simply took me 20 minutes to elucidate it to you, no person’s going to get it.” The final meeting meets for under six or eight weeks each winter, and every session is flooded with a minimum of 1,000 payments. “There are 100 legislative battles that you simply need to battle,” Pollard mentioned, “and it is a exhausting one.” The one specialists concerned had been Dominion’s dozens of lobbyists, which gave the company “a monopoly on info,” one legislator instructed me. “They form of managed the institution on each side.”

In the meantime, Dominion behaved like a superb company citizen, speeding linemen to repair native outages, giving reductions to low-income prospects, funding , and touting investments in renewables. When a nonprofit group hosted a coaching course in authorities ethics for newly elected officers, Dominion sponsored the occasion. Whereas it was overcharging Virginians by a whole lot of thousands and thousands of {dollars}, it might declare that its electrical charges remained beneath the nationwide common. It despatched checks to Democrats and Republicans alike; legislators of each events voted for Dominion payments, usually overwhelmingly, and governors of each events signed them. “The quantity of blind belief in Dominion can’t be overstated,” Will Cleveland, a senior legal professional with the Southern Environmental Regulation Middle, instructed me. “It’s sincere corruption,” Haner, the shipyard lobbyist, mentioned. “They do run a superb firm; they do present a superb product.” The utility was all over the place, just like the railroad behemoth of Frank Norris’s 1901 novel, .

Over time, just a few lonely legislators spoke up in opposition to Dominion. They tended to be outsiders, throwbacks. One was Lee Ware, a white-haired Republican member of the Home of Delegates in rural central Virginia. The partitions of his house library are lined with works of literature, philosophy, and theology, together with portraits of Accomplice generals. After I visited, Ware was studying and the letters of Flannery O’Connor; his political fashions are Edmund Burke and Cicero. Ware really learn Dominion’s payments, and for years he was the one Republican to talk and vote in opposition to them constantly. “It grew to become evident to me that Dominion was placing their thumb on the size on their very own behalf,” he mentioned, in a manner that have to be known as “courtly.” “It simply over time grew to become evident that this was unseemly.”

And there was Chap Petersen, a bow-tied Democratic senator from Northern Virginia, who angered progressives by an assault-weapons ban and the title change of the Washington Redskins. However Petersen launched payments, going again to 2008, for renewable vitality and in opposition to Dominion’s rising domination that colleagues within the common meeting, together with different Democrats, voted down. “I received into it as a result of no person else was doing it, and it was difficult intellectually,” Petersen instructed me. “Breaking apart a monopoly and limiting their energy—that’s what American democracy is meant to be about.”

Illustration by Paul Spella / The Atlantic. Supply: Getty.

In 2015, the Obama administration introduced the Clear Energy Plan—new guidelines to restrict carbon air pollution from energy crops. Ostensibly to guard prospects from the prices of the plan’s implementation, Dominion that froze charges and suspended the SCC’s oversight till 2022. However vitality prices had been coming into a steep decline, and the actual impact of the speed freeze was to move off decrease charges for purchasers whereas permitting the monopoly to control itself, pad its income with new investments, and nonetheless retain the precise to ask for price will increase. Almost all Republicans and most Democrats , and Governor Terry McAuliffe rapidly signed it. Members of the SCC, watching as their authority was stripped away, joked that they wanted their very own political-action committee to purchase off legislators. (A later legislation returned restricted oversight to the SCC and a $200-million refund to prospects.)

The election of Donald Trump doomed the Clear Energy Plan. On the finish of 2016, with the entire situation moot, Pollard, on the Virginia Poverty Regulation Middle, known as Petersen and instructed him, “There’s no motive for the speed freeze anymore.” The subsequent month, Petersen filed a invoice to repeal the freeze, nevertheless it was instantly crushed, with most Democrats and Republicans once more voting Dominion’s manner. So was one other invoice Petersen launched that will have prohibited regulated monopolies from making marketing campaign contributions. Nonetheless, one thing started to shift in Richmond. “Once they handed the speed freeze,” Pollard mentioned, “they lastly overreached.” Advocates, reporters, and elected officers started calling consideration to the corrupt deal between the utility and the legislature.

The 12 months 2017 marked a turning level in Virginia politics. A far-right rally in Charlottesville that August turned deadly when a neo-Nazi plowed his automotive right into a crowd of counterdemonstrators, killing a younger lady. A person named Brennan Gilmore, who lives together with his canine within the woods outdoors Charlottesville, occurred to document the homicide. Gilmore is a bluegrass musician and bowhunter from Rockbridge County who served with the State Division in struggle zones equivalent to Sierra Leone and the Central African Republic. When Gilmore’s video went public, Alex Jones, the skilled liar and conspiracist, whipped up a web-based marketing campaign to painting him as a CIA agent plotting to overthrow Trump. (Final 12 months, after Gilmore sued for defamation, Jones agreed to pay him $50,000 and admit legal responsibility.)

In 2017, Gilmore was on go away from the International Service (he has since retired) to work for the gubernatorial marketing campaign of Tom Perriello, a Democratic former congressman from Charlottesville. The marketing campaign Dominion over the Atlantic Coast Pipeline, its proposed gasoline pipeline via the Blue Ridge Mountains. Opposition to the pipeline united property-rights libertarians, environmentalists, hunters, and local weather activists, and Dominion ultimately needed to cancel the mission. Although Perriello misplaced within the Democratic major to the reliably pro-Dominion Ralph Northam, who was elected governor that November, the pipeline controversy, the Dominion giveaway payments, the Charlottesville homicide, and the Trump presidency all mixed in two successive elections to carry to the overall meeting a wave of youthful Democrats who had been much less possible than their older colleagues to leap on the monopoly’s command.

One among them was Sally Hudson, a College of Virginia statistics professor in her early 30s, who volunteered for Perriello in 2017 and was elected to the Home of Delegates in 2019. Hudson comes from Nebraska, the one state with absolutely public energy, and her “political north star” is the prairie progressive Senator George Norris, who fought for it within the Nineteen Twenties and ’30s. “For most individuals in Richmond, corruption is like shag carpeting,” Hudson instructed me. “Ultimately, you cease seeing it in any respect. However should you’re brand-new to the constructing and also you stroll in, it’s all you’ll be able to see. It’s all over the place, and it’s filthy, and it’s gotta go.”

Hudson was at house in Charlottesville when neo-Nazis marched previous her home. She got here to imagine that the fever operating via American politics was fed by corruption, and that Dominion was each a trigger and a symptom of democratic decay: “Violent extremism is among the downstream penalties of the corruption that manifests in company seize of the legislature, and gerrymandering, and every little thing that stops public servants from being accountable to actual individuals.”

Throughout his marketing campaign for governor, Perriello launched Gilmore to an area hedge-fund supervisor named Michael Payments. A longtime environmentalist and “local weather hawk,” Payments made some huge cash on Wall Avenue (“I’m positively not a billionaire,” he instructed me. “It’s not shut. I’ve greater than $100 million”) earlier than returning house to Virginia to boost his 4 kids. “I’ve been web carbon optimistic for 15 years,” Payments mentioned once I visited his 140-acre property outdoors Charlottesville, with a superb view of the Blue Ridge. He’s meticulous in all issues, together with the planting of 1000’s of native hardwoods for carbon sequestration. “As of a 12 months in the past, I’m vitality optimistic. As of subsequent month, I’ll haven’t any carbon manufacturing in my home and property apart from a tractor and two different items of equipment.” Payments first ran afoul of Dominion when he needed to put in photo voltaic panels on his barn and the utility made it extraordinarily tough. In 2021 the Sierra Membership gave Dominion a “D” within the transition to renewable vitality, and Virginia lags .

In 2018, Payments researched Dominion’s political giving—a bit of greater than $1 million a 12 months over the earlier decade—and got here away unimpressed. “Not loads of {dollars},” he instructed me, given the company’s massive overearnings, even throwing in one other million yearly for philanthropy. He started to suppose: What if anyone else—“me, and I might”—gave that cash as a substitute? “A pair million {dollars} a 12 months, I might do.” Payments and Gilmore started to debate a technique to loosen Dominion’s grip on the legislature and vitality markets—which Payments calls “morally corrupt” however completely authorized—by offsetting its donations. In 2018 they began a corporation known as Clear Virginia, advocating for renewable vitality and good authorities. To date Payments has distributed $20 million to scores of Virginia legislators. Clear Virginia’s solely situation is that candidates full a questionnaire and agree to not settle for cash from monopolies equivalent to Dominion.

Nobody I spoke with preferred the thought of a plutocrat’s cash changing a monopoly’s. Payments himself didn’t prefer it. “It’s not proper,” he mentioned. “I’d be thrilled if there was a system that precluded somebody like myself from doing that.” To Payments’s detractors in Richmond, he’s the “Soros of Charlottesville.” A Dominion government prompt to me that Payments desires a deregulated vitality market with the intention to revenue as an investor. However Creigh Deeds, a Democrat who has served within the Senate for greater than 20 years and stopped taking Dominion cash in 2017, instructed me that Payments “has freed lots of people to vote their conscience, on each side of the aisle.”

The problem of unregulated monopoly doesn’t neatly divide politicians alongside right-left strains. Most of Clear Virginia’s recipients have been Democrats, however just a few have been rural Republicans, together with, for a time, Senator Amanda Chase, who calls herself “.” Payments instructed me that the group’s “hardest battle” was in opposition to Richard Saslaw, the chief of the Senate Democrats for the previous quarter century, and a  Dominion ally who has taken $660,000 of its cash. Tom Perriello framed the problem as a contest between “the company crowd” and “individuals throughout the political spectrum who imagine that the system has been rigged in opposition to them.” Delegate Lee Ware, the longtime Republican critic of Dominion, spoke of “the sense that Massive Tech, Massive Pharma, Massive Insurance coverage, huge banks which might be too huge to fail—these behemoths are in charge of our lives, and the peculiar citizen says, ‘Who speaks for me?’” It’s a populist trigger, however one which recollects the populism of the Eighteen Nineties.

Payments and Brennan didn’t count on to see Dominion’s lock damaged till 2025. However through the current legislative session, which led to late February, a small revolution befell.

Dominion approached the session as if it might proceed to write down its personal laws. Whereas providing concessions to its rising variety of critics—amongst them Dominion’s personal buyers—the utility’s newest invoice would have raised its allowed revenue margin by nearly a full p.c, leading to billions of {dollars} in new earnings over the approaching years. Dominion’s inventory had fallen sharply, and the company warned that it’d turn into a takeover goal with out the brand new invoice. However Dominion hadn’t seen that Richmond’s shag carpet was beginning to be ripped out.

Two election cycles and Michael Payments’s cash had introduced dozens of Democrats to the overall meeting who had been ready to oppose the utility. And Virginia’s new Republican governor, Glenn Youngkin, owed Dominion nothing. In 2021 its executives had tried to elect his Democratic opponent, Terry McAuliffe, by miserable the agricultural Republican vote with $200,000 or extra in dark-money Fb adverts that portrayed Youngkin as weak on gun rights. (Dominion later mentioned it hadn’t correctly vetted the PAC that ran the adverts.) In his State of the Commonwealth in January, Youngkin got here out for “laws to finish the quickly rising electrical energy charges which might be hurting households and making companies much less aggressive.” A Republican governor was taking goal at Dominion.

At a steak fry, Albert Pollard instructed me, Youngkin introduced up his profession as an funding government. “I handled loads of utilities in my personal life,” the governor mentioned to Pollard, “and once I don’t perceive one thing, I simply form of comprehend it’s not a superb deal for the speed payer.” As Pollard put it to me: “What you mockingly have is 2 very savvy buyers who understood what a superb deal Dominion had—and that’s Michael Payments and Glenn Youngkin.”

A distinct invoice started to make its manner via the overall meeting—one to revive the SCC’s energy to control the utility and set electrical charges going ahead. Its chief sponsors had been the Home Republican Lee Ware and, within the Senate, Democrats Creigh Deeds and Jennifer McClellan (who has since the primary Black lady ever elected to Congress from Virginia). In 2015, McClellan had voted for Dominion’s “price freeze” invoice. “Numerous us form of had purchaser’s regret on that,” she instructed me. With the pandemic after which spiraling inflation, “I noticed my constituents had been hurting economically throughout the board, and I knew that one motive is that Dominion’s charges had been artificially excessive and the SCC couldn’t do something about it.”

A easy readability, introduced on by shifting incentives and the herd thoughts of elected officers, broke over Richmond’s capitol: The problem was extreme charges and unregulated monopoly. “They had been with none pals for the primary time,” Haner, the previous shipyard lobbyist, instructed me. Amazon and Google, among the many state’s largest vitality shoppers, got here out in opposition to Dominion’s invoice. So did the Virginia Producers Affiliation and the Koch-funded Individuals for Prosperity. Greg Habeeb, a Republican former Home delegate and present lobbyist, who agreed to work for Clear Virginia on the grounds that “it’s a really conservative place to say there must be a manner for residents to carry the highly effective accountable,” requested Republican legislators: “Why would you ever decide the aspect of the one utility over actually everyone?”

Richmond lastly turned in opposition to Dominion. On February 25, the final day of the session, a reform invoice handed the overall meeting nearly unanimously.

I requested Invoice Murray, a senior vp at Dominion, who has guided the corporate’s legislative coverage since 2007, why a Dominion invoice lastly misplaced. He checked out me quizzically. “What invoice misplaced?” he requested. “Assist me on this.” The utility felt “excellent about how issues had turned out.” He quoted his favourite president, John F. Kennedy: “Victory has 100 fathers; defeat is an orphan.” Murray took this to imply that credit score for a superb factor could be extensively distributed. However Kennedy, who , meant that nobody desires to confess duty for failure.

For now, limitless cash continues to deprave state politics. (Clear Virginia’s subsequent trigger might be campaign-finance reform.) However this old school story has some wider political implications. Fight company cash, and elected officers could also be extra more likely to vote within the public curiosity. Argue about monopoly and corruption as a substitute of race and sexuality, and unlikely allies will work collectively to unravel issues. “On the finish of the day, financial safety trumps culture-war points,” Gilmore mentioned. “In the event you ask a rural Republican household, ‘Would you fairly have extra money in your pocket or go to an anti-trans rally?,’ they’re going to decide on financial safety.” Perriello put it this manner: “Whichever get together is ready to present that it’s combating for the on a regular basis particular person in opposition to rigged methods goes to win.”

I need to imagine that is true, however I don’t know that it’s. American politics over the previous few many years says in any other case, and the script of the following election is already soul-killingly acquainted: Republican candidates compete to excite their voters by crushing the “woke” left, whereas Democrats cry foul and play alongside. However an election modeled on the Dominion battle, about an economic system that consolidates ever extra money and energy in ever fewer arms—that will be an election value having.

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