Dominion Energy has agreed to pay a civil penalty of $25 million to settle a lawsuit brought by the Securities and Exchange Commission against SCANA Corporation and subsidiary South Carolina Electric & Gas (SCE&G) regarding SCANA’s involvement in the failed Summer nuclear expansion project. Virginia-based Dominion acquired SCANA in January 2019.

Dominion disclosed in May that it had reached an “agreement in principle” with the staff of the SEC’s Division of Enforcement to settle the case for the above-stated amount.

The final agreement, which at this writing is still subject to approval by the U.S. District Court for the District of South Carolina, also calls for the payment of $112.5 million in “disgorgement plus prejudgment interest.” This penalty, however, will be deemed satisfied by SCANA and SCE&G’s settlement payments in related rate payer and shareholder litigation.

Stephen A. Byrne, former executive vice president of SCANA Corporation, pleaded guilty in federal court on July 23 to conspiracy to commit mail and wire fraud in connection with the failed $9-billion nuclear-expansion project at South Carolina’s Summer plant.

Byrne, 60, had also been president of generation and transmission and chief operating officer at SCANA subsidiary South Carolina Electric & Gas, overseeing all of SCANA’s nuclear operations, including the construction of the new nuclear units, on which work was stopped in 2017 (NN, Aug. 2017, p. 17).

A circuit court judge on July 20 gave final approval to a $520-million settlement in a class action civil suit brought against Santee Cooper over alleged deceptive business practices involving the failed nuclear-expansion project at South Carolina’s Summer plant.

Santee Cooper was the junior partner to SCANA Corporation’s South Carolina Electric and Gas in the two-reactor project, which was canceled in July 2017 (NN, Aug. 2017, p. 17). In July 2019, SCANA became a wholly owned subsidiary of Virginia-based Dominion Energy (NN, Feb. 2019, p. 15).

According to the lawsuit, brought by ratepayers, Santee Cooper raised rates to cover the increasing costs of the Summer expansion even after becoming aware that the project was no longer viable.