See links to legal and regulatory filings below. For news releases and media reports on any of these cases, visit our News page or click “LEARN MORE” after the pertinent section below.
Table of Contents
Duke Energy influence money. Click to enlarge.
Carbon Plan
Net Metering
Request for Declaratory Judgment on Dual-Fuel CPCNs
Petition for Rulemaking on Influence Money
Duke Energy Integrated Resource Plans
Duke Energy Rate Cases
Lincoln County Gas Plant
Lee Nuclear Plant
Duke University Fracking Gas Plant
NTE Merchant Gas Plant near Reidsville
Constitutional Lawsuit Against NC & NCUC
Challenging Backroom Deal-Making
Duke Energy Merger with Piedmont Natural Gas
Atlantic Coast Pipeline
Community Solar
Asheville Gas Plant
Solar Freedom Project in Greensboro
Challenge to Duke’s Corporate Charter
FERC Excess Capacity Complaint
Duke-Progress Merger
Carbon Plan
September 2024: NC WARN Post-Hearing Brief
May 2024: Pre-filed direct testimony of Rao Konidena for evidentiary hearing
September 2022: Pre-filed direct testimony of Bill Powers for evidentiary hearing
July 2022: Joint Comments of NC WARN and Charlotte Mecklenburg NAACP and Report on Assumptions Used in Duke Energy May 2022 Carbon Plan by Bill Powers, PE
Net Energy Metering
Nonresidential net metering changes
See under Rate Cases.
Residential net metering changes
September 2024: NC Court of Appeals decision upholding the residential net metering changes
December 2023: NC WARN and others file Appellants’ Reply Brief at NC Court of Appeals
October 2023: NC WARN and others file Appellants’ Brief at NC Court of Appeals
June 2023: NCUC order denying Motion for Stay Pending Appeal
May 2023: NC WARN and others file Notice of Appeal and Motion for Stay Pending Appeal
March 2023: NCUC order approving Duke’s proposed residential net metering changes
May 2022: Reply Comments and Surreply Comments of NC WARN, NC Climate Solutions Coalition & Sunrise Durham
March 2022: Initial Comments of NC WARN, et al. (all filings in docket are indexed here)
November 2021: Duke Energy’s Petition for Approval of Revised Net Energy Metering Tariffs
November 2021: NC WARN and Appalachian Voices Response to Duke Energy’s Rate Design Study Quarterly Status Report
Request for Declaratory Judgment on Dual-Fuel CPCNs
July 2020: Request for Declaratory Judgment that Modifications Adding Gas-Fired Generation to Coal Units Require a Certificate of Public Convenience and Necessity (with Center for Biological Diversity and Appalachian Voices)
October 2020: Petitioners’ Initial Comments
Petition for Rulemaking on Influence Money
August 2021: Commission’s Final Order Adopting Amendments to Commission Rules R12-12 and R12-13
December 2019: NC WARN/Friends of the Earth Initial Comments on Commission’s Proposed Rules
August 2019: Commission’s Proposed Rules
November 2018: NC WARN/Friends of the Earth Petition & Proposed Rules
Peter Bradford Affidavit
News release
Duke Energy Integrated Resource Plans (IRP)
CURRENT (2020 IRPs)
Sept. 2020: Duke Energy Carolinas and Duke Energy Progress IRPs (see p. 18 of DEP for overview chart)
March 2021 to present: Filing by NC WARN & Center for Biological Diversity — initial comments, analysis by Bill Powers, links to other attachments, reply comments, motion for evidentiary hearing
June 2021: NCUC Order announcing intention to hold additional proceedings and waiving 2021 IRP update
August 2021: NCUC Order Scheduling Technical Conference and Denying Motion for Evidentiary Hearing
PREVIOUS:
2019: Duke Energy’s 2019 plan (Duke Energy Progress, update of 2018 IRP)
January 2019: NC WARN comments on smart grid technology plan
December 2018: NC WARN initial comments (on 2018 IRP)
November 2018: NC WARN Motion for Evidentiary Hearing (on 2018 IRP, denied by NCUC)
October 2017: NC WARN initial comments (on 2017 IRP, including NC Clean Path 2025 report)
Duke Energy Rate Cases
Duke Energy Carolinas 2022
Testimony of Bill Powers and Rao Konidena on behalf of NC WARN, July 2023
NC WARN Post-Hearing Brief, October 2023
Duke Energy Carolinas 2020
Testimony of Bill Powers on behalf of NC WARN, February 2020
Duke Energy Progress 2020
Testimony of Bill Powers on behalf of NC WARN, April 2020
Duke Energy Carolinas 2017
NC WARN Post-Hearing Brief, April 2018
Opposition to Grid Modernization Settlement, June 2018
Duke Energy Progress 2017
Letter urging Attorney General & Public Staff not to settle prematurely, July 2017
NC WARN brief, January 2018
Burning the Public series of news releases, June 2013
Motion to intervene on pilot economic recovery rider, June 2012
Comments on Rulemaking Proceeding to Consider Allocation Methods in Rate Hike Proceedings
and IRPs, July 2012
Lincoln County Gas Plant
NC WARN brief to NC Utilities Commission on Certificate of Public Convenience and Necessity to Construct a 402MW Natural Gas-Fired Combustion Turbine Generation Facility in Lincoln County, NC
October 9, 2017
Duke Energy’s Lee Nuclear Plant
On March 1, 2017, NC WARN called for the NC Utilities Commission to disallow any further spending by Duke Energy on the proposed Lee Nuclear Station in Gaffney, SC following the recent collapse of the Toshiba-Westinghouse nuclear division. NC WARN Response in Docket E-7, Sub 189
Duke University Fracking Gas Plant
NC WARN Motion to Intervene at the NC Utilities Commission in the matter of Duke Energy’s application to build a 21 MW fracking gas plant on the Duke University campus.
NTE Merchant Natural Gas-Fired Power Plant near Reidsville, NC
NC WARN is contesting a Florida-based corporation’s application to build a large, climate-wrecking power plant in Rockingham County. NTE Carolinas is seeking permission from state regulators to construct the 500-megawatt power plant, and to sell the power – generated by burning fracked natural gas – to unnamed municipal utilities or electric co-ops.
Testimony by engineer William E. Powers on behalf of NC WARN
All documents in this NCUC docket
Constitutional Lawsuit Against State of North Carolina and NC Utilities Commission
This suit challenges the constitutionality of two laws:
- the 2015 Mountain Energy Act that Duke Energy used to gain fast-track approval of its Asheville gas plant and
- the 1965 law that the Utilities Commission used to impose a $98 million bond on NC WARN and The Climate Times in an attempt to block their appeal of the Asheville approval
Oct. 12, 2016 court filing
News release
Challenging Backroom Deal-Making
NC WARN filed a rulemaking petition with the NC Utilities Commission that seeks to end the longstanding pattern of Duke Energy and the regulators deciding billion-dollar cases behind closed doors. Specifically, we’re calling for an open discussion – with all interested parties – on a rules change that would create a fair and transparent process for settling those cases.
Petition to NCUC, July 14, 2016
News release
All documents in docket
Petition for Rulemaking Reply Comments, October 14, 2016
Duke Energy Merger with Piedmont Natural Gas
We intervened in the merger docket together with The Climate Times and the NC Housing Coalition.
Motion to intervene at NC Utilities Commission, May 26, 2016
We submitted testimony from two experts, Touché Howard and David Hughes. Unfortunately, the NC Utilities Commission sided with Duke Energy and removed these testimonies from the record.
Touché Howard Testimony
David Hughes Testimony
Atlantic Coast Pipeline
Motion to intervene at the Federal Energy Regulatory Commission in the matter of the Atlantic Coast Pipeline, a 524-mile natural gas pipeline proposed by Duke Energy and Dominion Power that would pump natural gas from West Virginia’s fracking fields to power plants in North Carolina, April 11, 2016
Public Interest Groups’ Motion to FERC to Supplement Draft Environmental Impact Statement (DEIS), based on DC District Court of Appeals ruling on another pipeline that DEIS must examine greenhouse gases, and Associated Press story that the pipeline developers plan to extend the ACP into South Carolina. October 9, 2017
Title VI Environmental Justice Complaint against NC Department of Environmental Quality and attachment to complaint, May 15, 2018
Supplement to complaint, June 7, 2018
NC WARN comments to FERC opposing extension of Duke/Dominion deadline for completing ACP. July 2, 2020
Community Solar
NC WARN initial comments on Duke Energy’s community solar program pursuant to HB589. October 25, 2017
NC WARN reply comments, June 25, 2018
Asheville Gas Plant
NC Utilities Commission Docket E-2 Sub 1089
NC WARN and The Climate Times challenged Duke Energy’s proposed natural gas power plant in Asheville, arguing that it is unneeded and disastrous both for customers and for the increasingly urgent fight to slow global warming. Further, we argued that NC Utilities Commission approval of the plant using legislation allowing a fast-track approval process violates the NC Constitution as a special gift to Duke Energy.
NC WARN and Climate Times Position and Comments on Application of Duke Energy Progress to Construct a 752MW Natural Gas-Fueled Electric Generation Facility near Asheville
including affidavits from Robert W. Howarth, J. David Hughes and William E. Powers
Response to Public Staff report on Duke application
Additional Comments following Feb. 22 Utilities Commission staff meeting, February 2016
Request to NC Court of Appeals to suspend NC Utilities Commission requirement that we post a $10 million bond before appealing NCUC ruling on Asheville gas plant, May 19, 2016
Notification to NC Utilities Commission that we will appeal the approval of the Asheville gas plant, May 31, 2016
Response of NC WARN and The Climate Times to testimony of Duke Energy witness Mark Landseidel
Affidavit of William E. Powers, P.E., June 27, 2016
NC Utilities Commission ruling requiring NC WARN and The Climate Times to post $98 million bond, July 8, 2016
Notice of Appeal and Exceptions by NC WARN and The Climate Times to NC Utilities Commission
Petition for Writ of Certiorari (Petition to NC Court of Appeals to take this case), August 17, 2016
2nd Petition for Writ of Certiorari, October 17, 2016
Duke Energy Motion for Sanctions filed with NC Court of Appeals, November 1, 2016
NC WARN/The Climate Times Response to Duke Energy Motion for Sanctions, Filed with NC Court of Appeals, November 14, 2016
Solar Freedom Project at Faith Community Church in Greensboro
NC Supreme Court Appeal, November 2017
Notice of Appeal to NC Supreme Court, October 2017
Appeal of NCUC Ruling to NC Court of Appeals, October 2016
Notice of Appeal to NCUC’s Solar Freedom Declaratory Ruling, May 2016
Challenge to Duke’s Corporate Charter
Emergency Complaint: Investigation of The Operations and Practices of Duke Energy Carolinas and Duke Energy Progress To Determine Whether Their State Corporate Charters Should Be Amended To Reduce The Impacts of the Global Climate Crisis
News release
Emergency Climate Response campaign page
October 2015
FERC Excess Capacity Complaint
Reply to FERC’s Ruling on Complaint of Excess Capacity and Waste by Duke Energy
January 2015
Excess Capacity and Waste by Duke Energy Complaint to Federal Energy Regulatory Commission (FERC)
December 2014
Duke-Progress Merger
Appeal of Duke-Progress merger approval to NC Court of appeals
Summary of the appeal
July 2013
Merger Issue Brief
August 2012
NC WARN merger position submitted to NCUC
News release
June 2012