Exhibit 5.1
Jim Odell Stuckey
Chief Deputy General Counsel
Dominion Energy Services, Inc.
220 Operation Way. MC D308, Cayce, SC 29033
jim.stuckey@dominionenergy.com
November 29, 2021
Dominion Energy South Carolina, Inc.
400 Otarre Parkway
Cayce, South Carolina 29033
Ladies and Gentlemen:
I am Chief Deputy General Counsel of Dominion Energy South Carolina, Inc., a South Carolina corporation (the “Company”). I have acted as counsel to the Company in connection with the Registration Statement on Form S-3 (File No. 333-252048) (the “Registration Statement”), which was filed by the Company with the Securities and Exchange Commission (the “SEC”) for registration under the Securities Act of 1933, as amended (the “Act”), as it relates to the Company’s issuance and sale of up to $400,000,000 aggregate principal amount of the Company’s 2021 Series A 2.30% First Mortgage Bonds due 2031 (the “Bonds”), as described in the Company’s Prospectus, dated February 3, 2021 (the “Prospectus”) and Prospectus Supplement, dated November 18, 2021 (the “Prospectus Supplement”). The Registration Statement became effective on February 3, 2021. This opinion letter is being furnished in accordance with the requirements of Item 16 of Form S-3 and Item 601(b)(5)(i) of Regulation S-K promulgated under the Act.
The Bonds are being issued under an indenture dated as of April 1, 1993, among the Company (formerly, South Carolina Electric & Gas Company) and The Bank of New York Mellon Trust Company, N.A., successor to NationsBank of Georgia, National Association, as trustee (in such capacity, the “Trustee”), as heretofore supplemented and amended (the “Indenture”), and are being offered to the public in accordance with an Underwriting Agreement, dated November 18, 2021 (the “Underwriting Agreement”), among the Company and the Underwriters named on Schedule I thereto.
In connection with the delivery of this opinion, I have examined the following documents: (a) the Amended and Restated Articles of Incorporation and Amended and Restated Bylaws of the Company; (b) the Registration Statement; (c) the Prospectus; (d) the Prospectus Supplement; (e) the Indenture; and (f) such other records, agreements, instruments, certificates and other documents of public officials, the Company and its officers and representatives, as I have considered necessary. I have also assumed that the Indenture is the valid and legally binding obligation of the Trustee.
Based on the foregoing, I am of the opinion that, when (i) the Bonds have been issued and sold as contemplated by the Registration Statement, the Prospectus and the Prospectus Supplement, (ii) the Company has received the consideration provided for in the Prospectus Supplement and the Underwriting Agreement and (iii) the Bonds have been completed, executed, authenticated and delivered in accordance with the provisions of the Indenture, the Bonds will constitute the valid and binding obligations of the Company, enforceable against the Company in accordance with their terms.
In rendering this opinion I am opining only to the relevant federal laws of the United States and the laws of the State of South Carolina. My opinion is subject to (i) the effect of any applicable bankruptcy, insolvency (including, without limitation, laws relating to preferences, fraudulent transfers and equitable subordination), reorganization, moratorium and other similar laws affecting creditors’ rights generally; and (ii) the effect of general principles of equity (regardless of whether considered in a
