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NC Utilities Commission Rules in Duke Energy Carolinas, LLC Rate Case and Grants Extension for Compliance Filing until July 12, 2018

The North Carolina Utilities Commission (“Commission’) issued an Order Accepting Stipulation, Deciding Contested Issues and Requiring Revenue Reduction (“Order”) in the Duke Energy Carolinas, LLC (“DEC”) rate case on June 22, 2018. The full Order can be found here. http://starw1.ncuc.net/NCUC/ViewFile.aspx?Id=80a5a760-f3e8-4c9a-a7a6-282d791f3f23

Due to Motions for Clarification filed after the Order was issued, the Commission extended until July 12, 2018, the time for DEC to calculate and file its annual revenue

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North Carolina’s Budget Includes $10 Million for Rural Broadband

The North Carolina budget includes a new $10 million grant program within the Department of Information Technology to expand rural broadband – the Growing Rural Economies with Access to Technology (GREAT) program.

Eligible projects for the grants must be discrete and specific and located in an unserved area of an economically distressed county (tier 1 area under G.S.   143B-473.08). Such projects must seek to provide broadband services to homes,

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Appeals Filed in Duke Energy Progress Rate Case Over Coal Ash Costs

In February, the North Carolina Utilities Commission (the “Commission”) issued its Order Accepting Stipulation, Deciding Contested Issues and Granting Partial Rate Increase in the Duke Energy Progress (“DEP”) rate case.  One of the most contentious issues in the rate case was the extent to which DEP could pass coal ash cleanup costs on to rate payers. The Commission found DEP is entitled to recover coal ash basin costs, less

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New Forms for Renewable Energy Facilities at the N.C. Utilities Commission

The N.C. Utilities Commission has issued new forms for Renewable Energy Producers that will be required beginning May 1, 2018. These include:

(1) a new Certificate for Public Convenience and Necessity (“CPCN”) Application;

(2) a new Report of Proposed Construction for projects that do not require a CPCN;

(3) a Registration Statement which is required for any Renewable Energy Facility seeking Renewable Energy Credits and/or to participate in the

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Duke Rate Cases

On February 23, 2018, the North Carolina Utilities Commission (“Commission”) issued its 231- page order in the Duke Energy Progress (“DEP”) rate case. http://starw1.ncuc.net/ncuc/ViewFile.aspx?Id=d2b2a1a0-dae1-45de-af9c-c987d4aeddc8

The order accepted the settlement proposed by the Public Staff and DEP and the settlements of several other parties. These settlements reduced the amount of Duke’s requested rate increase to consumers by about half – largely the result of a slight lower capital structure (52%

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Wireless Infrastructure Deployment Under Section 6409 – An Underutilized Tool?

Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 addresses neither taxes nor job creation.  Instead, Section 6409 constitutes one of the Federal government’s latest significant efforts to streamline the approval process for deployment of wireless transmission equipment.  Generally, Section 6409 (along with an FCC Order from October 2014) provides that so long as the siting request is for a modification of an existing

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