Exhibit 5.1
Jim Odell Stuckey
Vice President – Legal - Litigation, Labor & Employment
220 Operation Way. MC D308, Cayce, SC 29033 |  |
October 6, 2023
Dominion Energy South Carolina, Inc.
400 Otarre Parkway
Cayce, South Carolina 29033
Ladies and Gentlemen:
I am Vice President—Legal—Litigation, Labor and Employment and Utility Operations of Dominion Energy Services, Inc. I have acted as counsel to Dominion Energy South Carolina, Inc., a South Carolina corporation (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 $500,000,000 aggregate principal amount of the Company’s 2023 Series A 6.25% First Mortgage Bonds due 2053 (the “Bonds”), as described in the Company’s Prospectus, dated February 3, 2021 (the “Prospectus”) and Prospectus Supplement, dated October 4, 2023 (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 October 4, 2023 (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 proceeding in equity or at law), including, without limitation, concepts of materiality, reasonableness, good faith and fair dealing. I express no opinion as to whether, to the extent to which, the laws of any particular jurisdiction apply to the subject matter hereof, including, without limitation, the enforceability of the governing law provision contained in the Indenture.
The foregoing opinion is being furnished only for the purpose referred to in the first paragraph of this opinion letter. My opinion is based on statutes, regulations and administrative and judicial interpretations which are subject to change. I undertake no responsibility to update or supplement this opinion subsequent to the date hereof. I hereby consent to the filing of this opinion as an exhibit to the Company’s Current Report on Form 8-K and the incorporation of this opinion by reference in the Registration Statement and to references to me under the heading “Legal Matters” in the Prospectus Supplement relating to the Bonds. In giving this consent, I do not admit that I am within the category of persons whose consent is required by Section 7 of the Act or the rules and regulations of the SEC promulgated thereunder.
Sincerely,
Jim Odell Stuckey
Vice President – Legal – Litigation, Labor &
Employment and Utility Operations.