Thursday, October 24, 2013

Mark Obenshain Pledges to Represent Commuters Before SCC as Attorney General


October 22, 2013

~Obenshain joined by Congressman Frank Wolf
and local elected officials in Loudoun County~

LOUDOUN – Senator Mark Obenshain, candidate for Attorney General, was today joined by Congressman Frank Wolf and Loudoun County Supervisor Shawn Williams in pledging to represent commuters in State Corporation Committee meetings as Attorney General. Tolls on the Dulles Greenway have soared since 2006—up 78% during peak hours. As Attorney General, Mark Obenshain will instruct the consumer protection section of the Attorney General's office to participate in all public service corporation toll proceedings, acting as consumer counsel.

Speaking about his proposal, Senator Mark Obenshain said, "With peak tolls on the Dulles Greenway rising to $4.90 and further hikes ahead, more and more Loudoun County commuters will find themselves priced out of the Greenway. That traffic spills onto already congested alternative routes. I understand the burden of high tolls. For daily commuters, the monthly cost of using the Greenway can exceed the cost of a car payment. Rate hikes have to be approved by the State Corporation Commission. If elected, I will ensure that the Office of the Attorney General represents the interests of commuters in rate hearings before the SCC, just like it does for consumers in utility rate cases. 

"I have spoken about this issue with local, state and federal elected officials who represent commuters in Loudoun County and their constituents agree that the rate hikes must be addressed. This, like so many others, should not be a partisan issue, but an issue about actually getting the best use out of our transportation infrastructure. While my opponent offered a bill that he claimed solved the problem, it actually guaranteed that rates would nearly double from $3 at the time to a minimum of $5.90 in 2020. What's more, the bill didn't cap increases, but left open the ability of the Greenway operators to petition for even higher toll increases than the annual increases his bill guaranteed. Mark Herring has made no public pledge to represent those commuters in SCC hearings, despite the outcry from leaders and commuters in his own district. As Attorney General, commuters will have a tireless advocate to make sure that their interests are represented."

When asked about Dulles Greenway Tolls in an October 2 debate in Loudoun County, Obenshain said that he would represent commuters in State Corporation Commission meetings, saying "It's important for the Office of the Attorney General to have a role in these toll proceedings. The Attorney General's consumer affairs office has the ability to step in and participate in these proceedings as a watchdog. I would as Attorney General of Virginia appear on behalf of toll payers in toll proceedings, and would represent the commuters of Virginia."

Mark Herring in his response and in the days since that debate has not made that pledge to appear on behalf of toll payers in SCC proceedings.

Congressman Frank Wolf said, "Mark Obenshain understands the burden Dulles Greenway tolls impose on our community, which is why he's pledged that, as Attorney General, he will defend the interests of commuters in toll rate-setting cases, standing up for Loudoun County residents. That's the sort of commitment I want from our next Attorney General, and I'm grateful for Mark Obenshain's willingness to lead on this issue." 

Chairman of the Loudoun County Board of Supervisors Scott York, who was unable to participate on the call today, said, "For many commuters, the cost of using the Greenway can exceed the cost of their car payment. I applaud Mark Obenshain's commitment to represent commuters in toll cases as Attorney General and look forward to working with him to ensure fairness for Loudoun County commuters."


Greenway Costs and Usage
  • Greenway tolls have soared since 2006—up 78% during peak hours
  • With the proposed toll increase, a person driving the Greenway at peak hours each weekday will pay more in tolls than she does in state taxes
  • The original 1997 toll was $2; if adjusted for inflation, it would still be under $3
  • Loudoun County residents are struggling with the cost of tolls, and traffic is increasingly being diverted back to already congested alternatives like Waxpool Road, Route 7, and Route 28
  • Traffic is up more than 33% on Waxpool and Route 7 since 2006, while declining 16% on the Dulles Greenway during the same time period
  • Portions of Route  28 and Waxpool Road are classified as having level of service "F" by VDOT due to Greenway diversion traffic
  • Greenway commuters need to earn at least $133,472 (peak) or $42,742 (off-peak) to realize an economic benefit from using the Greenway
  • Despite all this, TRIP II – the consortium that operates the Greenway – requested a since-approved 3.5% toll increase last November
  • Commuters getting on at Route 606 now pay $4.90 to go less than a mile

State Corporation Commission Oversight 
  • Virginia law states that toll rates must be reasonable in relation to the benefit obtained, not materially discourage the use of the roadway, and provide no more than a reasonable rate of return
  • Given a 16% decline in utilization during a period when the county's population grew 19%, and given that you would have to earn more than $133,000 for the time saved on the Greenway to confer an economic benefit, there's ample reason for the State Corporation Commission to carefully scrutinize the latest toll hike application
  • Previous SCC investigations did not include traffic analysis of Waxpool Road, Sycolin, or the Loudoun Commuter Bus, all alternatives to the Greenway that have experienced significant usage increases
  • Early last year, the Loudoun County Board of Supervisors unanimously adopted a resolution in support of a distance pricing model for tolls, something Congressman Wolf has long championed
  • The Loudoun Board of Supervisors, Congressman Wolf, and Delegate Ramadan have worked tirelessly on this issue, and they're making headway
  • Earlier this month, the Board voted to seek intervenor status with the SCC; by filing as a respondent, they can submit testimony and cross-examine witnesses
  • In the office's consumer protection role, the Attorney General represents the interests of ratepayers in utility cases
  • The AG can do the same when it comes to toll rates
  • As Attorney General, Mark Obenshain will instruct the consumer protection section of the Attorney General's office to participate in all public service corporation toll proceedings, acting as consumer counsel
                                                         
Mark Obenshain is the Republican nominee for Attorney General of Virginia. He currently represents the 26th District in the Senate of Virginia.


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