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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 a …Read More

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% equity …Read More

Avoided Cost Rates for PURPA Qualifying Facilities Decline after House Bill 589 and NC Utilities Commission Order

There will be a decline in avoided cost rates to be paid to renewable energy and other qualifying facilities (QFs) subject to the Public Utility Regulatory Policy Act of 1978 (PURPA). New rates have been filed by Duke Energy Progress, Duke Energy Carolinas and Dominion in Docket E-100, Sub 148 and will go into effect on November 28th unless a party in that docket files specific objections as to the …Read More

NC Utilities Commission to Issue Rules for Competitive Procurement of Renewable Energy

The NC Utilities Commission is working in Docket E-100, Sub 150 on rules to implement House Bill 589 – An Act to Reform North Carolina’s Approach to Integration of Renewable Electricity Generation through Amendment of Laws Related to Energy Policy and to Enact the Distributed Resources Act. One of the main components of the new law requires electric public utilities to create a competitive procurement program for 2,660 megawatts of …Read More

In State of NC ex rel. Utils. Comm’n v. N.C. Waste Awareness Reduction, a Divided NC Court of Appeals Ruled that NC WARN is a Public Utility

On September 19, 2017, a divided panel of the NC Court of Appeals ruled that N.C. Waste Awareness Reduction (NC WARN) is a public utility for installing and maintaining solar panels on a Greensboro church and entering into a contract to charge the church for the energy generated. NC WARN had asked the NC Utilities Commission (NCUC) for a declaratory ruling that it was not a regulated public utility. The …Read More