Appeal of Duke Energy’s Asheville Gas Plant Dismissed

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The North Carolina Utilities Commission on Friday dismissed an appeal over Duke Energy’s plan to build a natural gas-fired power plant in Asheville, North Carolina.

The appeal by two nonprofit advocacy groups - NC WARN and the Climate Times – was denied after they failed to post a $98 million bond to contest the $1 billion project, which was approved by the commission in March.

Under state law, a bond is required to cover costs created by delays related to failed appeals. The two nonprofits failed to post the bond by the mandated deadline. Thus, their appeal was dismissed by the commission.

“The law is clear,” the commission wrote in its ruling. “The commission provided NC WARN five days from the date of the order to file such a bond or undertaking.”

The new gas-fired power plant will feature two 280-MW units, which will replace a 376-MW coal-fired plant. The coal plant is scheduled to be shut down by 2020. The new plant is expected to begin commercial operation late in 2019.

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