Clean Energy Advocates Take NCUC To Court Over Order Halting Solar Projects

Last month the NC Utilities Commission (NCUC) supposedly issued an order halting all of Duke Energy’s new solar energy development in North Carolina. In reality, the NCUC Chair acted on his own, approving a request from Duke Energy without a public hearing or other action by the full Commission.

Last week clean energy advocates pushed back, asking the full NCUC to swiftly reconsider the order. Attorneys for the Southern Environmental Law Center (SELC) called the order issued by the NCUC chair “arbitrary and capricious.” 

Our Grid Needs More, Affordable Energy, Not Less

“If we are serious about meeting even a fraction of the electricity demands Duke is claiming and keeping energy bills affordable for North Carolinians, we have to keep adding solar and battery storage to the grid each year,” said Nick Jimenez, a senior attorney at the Southern Environmental Law Center. “For the last few years, solar, battery storage, and onshore wind have made up 90% or more of the new energy resources added on the grid, including in competitive wholesale markets, proving that these are the most economic resources.” 

 “As fossil gas prices continue to increase energy bills, communities are turning to leadership for solutions,” said Jake Duncan, southeast regulatory director at Vote Solar. “Duke is currently trying to get North Carolina families and businesses to foot an additional $800 million on fuel costs, on top of the proposed 15% rate hike. Now is the time for the commission to invest in proven resources like solar and storage that will protect communities from higher energy bills.” 

The Case For Clean, Affordable Energy

SELC filed the motion for expedited reconsideration on behalf of the Southern Alliance for Clean Energy (SACE), Vote Solar, and the Sierra Club. “This decision to delay the solar procurement is not only confusing, but also extremely harmful to the environment,” said Stacey Washington, clean energy, and equity director for the Southern Alliance for Clean Energy. “As we experience record breaking heat and approach the summer season, now is not the time to shy away from cleaner, cost-effective resources.” 

The Carolina Clean Energy Business Association filed the first challenge to NCUC Chair William Brawley’s unilateral order on April 30, pointing out that the Chair lacked authority to act on his own to halt the previously approved procurement of 770 megawatts of clean solar energy. 

In its subsequent motion, SELC said that its motion fully supported the business energy group’s challenge, and went on to cite specific additional causes for Chair Brawley’s illegal order to be rescinded without delay. 

NCUC Scared of the Public

In a related note, it appears that unilateral action by individual NCUC commissioners is a trending approach. The presiding officer for the Durham public hearing in Duke Energy’s pending rate hike request issued an order rescheduling the hearing from May 12 to June 3, citing unspecified “significant security concerns.” Advocates for customers facing skyrocketing electric bills called the Friday-night notice for a hearing coming up just four days later “outrageous” for the public witnesses who have made arrangements to attend.

“It’s clear that the NCUC is fearful of ratepayers and community members speaking out on Duke’s proposed rate hikes,” said Michelle “Meech” Carter, NCLCV’s clean energy campaigns director. “We had strong, broad community engagement planned, many people had committed to being there, but, at the last minute, NCUC cancelled the hearing late Friday afternoon, citing vague ‘security concerns.’ We all want to be safe, but delaying or moving a hearing undermines confidence that decisions are being made fairly and without political pressure. Folks have the right to show up and be heard!”