Judicial Watch: Supremes Hear Solar Appeal
If two small nonprofits collaborate to finance a rooftop solar electric system in an innovative way, should the state hammer them with big financial penalties for infringing on Duke Energy’s exclusive power sales territory?
Last week, the North Carolina Supreme Court heard arguments in the case of Duke Energy and the North Carolina Utilities Commission Public Staff against a clean energy group and a small community church in Greensboro. The clean energy group NC WARN had worked with Faith Community Church to build a rooftop solar electric system on the church’s roof. NC WARN financed the system, and let the church pay for it over time by purchasing the produced power at a discounted rate.
The Utilities Commission had already accepted Duke’s argument that the arrangement constituted an illegal attempt by NC WARN to act as an electricity-selling utility. At Duke’s request, the commission levied financial penalties against the group, and ordered it to cease selling power to the church. NC WARN then appealed the case to the Supreme Court.
The case’s outcome could affect future solar development in North Carolina, especially innovative financing approaches for small community groups. The Supreme Court did not indicate when it would rule on the case.
