Loudoun County Commends State Corporation Commission’s Rejection of Greenway Toll Increase Request

On Wednesday, September 4, 2024, the State Corporation Commission (SCC) issued a decision (PDF) denying the request by toll road operator Toll Road Investors Partnership II (TRIP II) to increase toll rates on the Dulles Greenway. TRIP II, the company which owns the Greenway, had sought a toll increase for most cars to $8.10 during peak hours and $6.40 during off-peak hours.

A senior hearing examiner for the SCC, Michael D. Thomas, had recommended in May that the SCC deny the latest proposal by TRIP II to increase tolls. In its final order, the commission agreed with Thomas that the proposed rate increases would not be reasonable for users and are likely to discourage the public's use of the roadway.

The commission also rejected TRIP II's argument that the Virginia statute governing the Greenway's tolls is unconstitutional as applied to TRIP II in this proceeding. In addition, the commission declined TRIP II's proposed alternative procedures for streamlining future rate cases but invited TRIP II to convene a stakeholder working group on the subject.

"We are pleased with this decision by the SCC, since a toll rate increase of this magnitude would have put a heavy economic burden on Loudoun County motorists," said Loudoun County Board of Supervisors Chair Phyllis J. Randall. "I'm thankful to the more than 900 citizens who participated in this process and allowed the SCC to hear firsthand how helpful it is to them that tolls do not increase," said Randall.

The commission considered testimony gathered during a local hearing in Chantilly, Virginia; during a telephone hearing and evidentiary hearing; and filed by parties including Loudoun County, as well as evidence presented by SCC staff.

"It is gratifying that the State Corporation Commission (SCC) confirmed what we all know to be true: the last thing the Dulles Greenway needs is even higher tolls," said Dulles District Supervisor Matt Letourneau, Chairman of the Board's Finance, Government Operations and Economic Development Committee. "Over the last several years, the county has successfully executed a strategy to both clarify the law and fight the Greenway's constant attempts to raise tolls-either through the SCC process or by legislative action. I'm hopeful that the Greenway will finally get the message, but if not we will not let up."

Loudoun County had asked to participate in the case because the county believes decades of increased tolls on the Greenway prevent drivers from using it. Drivers avoiding the Greenway results in increased congestion on public roads in the county and forces Loudoun County to expand other roads at public expense. Loudoun County opposes arbitrary toll rate increases on the Greenway and supports the objective standard adopted by the state legislature.

In addition, Loudoun County had provided the SCC with its own analysis that confirmed the proposed toll increase would fail to meet the objective standard required by law. The county's analysis also showed that if TRIP II's proposed rate increase were allowed, the increased revenue per driver would be more than offset by the number of drivers who would abandon the Greenway, actually worsening TRIP II's financial condition.

Copies of the documents related to the proceedings are available on the SCC's website.

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