State ex rel. Utilities Commission v. SteinAnnotate this Case
The Supreme Court affirmed in part and reversed and remanded in part orders entered by the North Carolina Utilities Commission addressing applications filed by Duke Energy Progress, LLC and Duke Energy Carolinas, LLC, holding that the Commission erred by rejecting an equitable sharing proposal without properly considering and making findings and conclusions concerning "all other material facts," as required by N.C. Gen. Stat. 62-133(d).
Various interveners representing the utilities' consumers appealed the Commission's orders, challenging the lawfulness of the Commission's decisions concerning the extent to which the utilities were entitled to reflect costs associated with the storage and disposal of ash resulting from electricity production in coal-fired electric generating units in the cost of service used to set the utilities' North Carolina retail rates. The Supreme Court affirmed in part and reversed and remanded in part, holding that the Commission (1) did not err by allowing the inclusion of a majority to the utilities' coal ash costs in the cost of service used for establishing North Carolina retail rates and in increasing Duke Energy Carolinas' residential basic facilities charge; but (2) erred in rejecting an equitable sharing proposal without making the statutorily required findings and conclusions.