Duke Energy has issued the following statement in response to an order issued in the company's appeal of a decision by the North Carolina Department of Environmental Quality (NCDEQ) requiring nine coal ash basins to be closed by excavation. The company filed a case with the North Carolina Office of Administrative Hearings (OAH), challenging the timing of the state's mandate, the standard it used to arrive at the decision and whether it was the correct decision.
“This morning, the judge in the proceeding dismissed several claims in the case while allowing others to proceed.
“While we are disappointed in the ruling on this issue, we will proceed with the appeal, standing firm in our belief that the NCDEQ decision is wrong, not based in science and engineering – and not in the best interest of our customers and communities.
“The state's decision on basin closure mandates the most extreme option for the lowest risk basins, ignoring information that clearly shows capping the ash in place would continue to fully protect people and the environment.
“By contrast, excavation would drastically increase the cost to customers and create decades of disruption for communities – with no measurable benefit – compared to safely capping the ash in place.