Advocacy Group Seeks to Repeal Bond Requirement for Power Plant Challenges

Pictured: Duke's current coal-fired plant in Asheville, North Carolina, which is slated to be replaced by a gas-fired plant.

By Editors of Power Engineering

NC WARN, a North Carolina advocacy group, announced they have filed suit against the state of North Carolina and its utility regulators over laws that require bonds for power plant development appeals.

Under the law, the North Carolina Utilities Commission requires bonds in order to cover costs created by delays related to failed appeals.

The group argues the requirement blocks citizens’ access to the courts.

NC WARN, along with the Climate Times, had previously filed an appeal with the North Carolina Utilities Commission over Duke Energy’s Plan to build a gas-fired power plant in Asheville, though it was denied after they failed to post a $98 million bond to contest the $1 billion development.

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

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