SCC examiner recommends denial of Dulles Greenway Toll Increases

A senior hearing examiner for the State Corporation Commission, Judge Michael Thomas, recommends that the SCC deny the latest proposal by Dulles Greenway owners, Toll Road Investors Partnership II (TRIP II), to increase tolls along that road.

“This thoughtful and detailed 159-page report acknowledges the voice of Loudoun County residents who have vehemently opposed higher tolls on the Greenway,” said Board of Supervisors Chair Phyllis J. Randall. “Members of the Board of Supervisors, senior leaders in Loudoun County, and the people of Loudoun turned out to ensure the hearing examiner heard directly from the people who would be impacted by the proposed toll increases. The decision now lies in the hands of the commission.”

As a next step in the process, all parties involved in the case, including Loudoun County, have until June 5, to submit comments to the hearing examiner regarding the recommendation. The case is expected to be forwarded to the three-member commission this summer for a final determination by the SCC later this year.

“Protecting Loudoun County drivers from the Greenway’s excessive tolls has been one of my top priorities for over a decade,” said Dulles District Supervisor Matthew F. Letourneau, who also serves as chairman of the Board’s Finance, Government Operations and Economic Development Committee.

“The hearing examiner’s report brings us one step closer to rejecting the Greenway’s ridiculous rate increases. The Board’s engagement and investment in a legislative and legal strategy to fight Greenway tolls has been working. We’ve successfully changed the law to ensure an objective and legitimate review of the Greenway’s rate increase requests, beaten back attempts to bail out the Greenway in the legislature, and fought proposed increases in front of the SCC using data and sound arguments. I look forward to the final decision in this case and the continued work to bring sanity to the Greenway’s toll structure.”  

TRIP II submitted an application (Case # PUR-2023-00089) to increase the maximum tolls for most drivers to $8.10 during peak hours, up from the current $5.80; and to $6.40 during off-peak hours, up from $5.25. Under legislation passed in 2021, the SCC is required to examine proposed toll increases against an objective three-factor standard. Judge Thomas finds that TRIP II’s proposed increase fails two of the three factors. Specifically, he finds the proposed toll rates would materially discourage use of the Greenway, and also finds TRIP II did not demonstrate its proposed toll increases would be reasonable to the user in relation to the benefit obtained.

TRIP II argued to the SCC that it expected traffic on the Greenway to increase by 8.1% if its proposed toll rate increase were approved and represented that the increase would provide additional revenue needed to pay its outstanding debts.

Loudoun County asked to participate in the case because the county believes decades of increased tolls on the Greenway prevent drivers from using it, resulting in increased congestion on public roads in the county and forcing Loudoun County to expand other roads at public expense in order to relieve the increasing congestion. Additionally, Loudoun County seeks to protect its residents from arbitrary toll increases.

Loudoun County provided the SCC with its own analysis that confirms the proposed toll increase would fail to meet the objective standard required by law. The county’s analysis also shows 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.

Judge Thomas’ report rejects TRIP II’s analysis, agreeing with Loudoun County that the company’s approach is “seriously flawed,” and finds that there “is absolutely no way that the implementation of the proposed toll increases will result in an 8.1% increase in Greenway traffic.” Judge Thomas reviewed more than 900 comments from members of the public, stating it is “the understatement of the year to say that Greenway riders are vehemently opposed to any toll increase.”

Loudoun County opposes arbitrary toll rate increases on the Greenway and supports the objective standard adopted by the state legislature. Loudoun County supports the SCC’s review process because it allows for participation by the general public and opposes legislative proposals that would extend TRIP II’s right to operate the toll road, provide for automatic toll increases or take toll rate proposals out of the public SCC review process.

Read the hearing examiner’s complete report online (PDF).