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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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Governor Cooper Launches New Rural Economic Development Initiative

This week, Governor Cooper’s office announced a new initiative “Hometown Strong” aimed at providing assistance and prioritizing projects that will boost the economic development of rural counties in North Carolina. The program will be led by Pryor Gibson and Mary Penny Kelley (a former law partner of Hayes Finley). Smith Moore Leatherwood’s Infrastructure and Development team currently offers similar services to our clients and is looking forward to working with

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UPDATE: Trump Issues Tariff on Solar Panels

On January 22, 2018, the U.S. Trade Representative (USTR) Robert Lightizer announced President Trump’s approval of safeguard tariffs on imported solar cells and modules, following the U.S. International Trade Commission (ITC) hearings and recommendations. The tariffs will be applied over the next four years as follows, with a decline of 5% each year:

  
Year 1
Year 2
Year 3
Year 4

Safeguard Tariff on Modules and Cells
30%

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