Sierra Club appeals NCUC decision to force customers to pay for Duke’s toxic coal ash cleanup

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CHARLOTTE, N.C. — Sierra Club is formally appealing to the North Carolina Supreme Court the decision by state regulators to make customers pay for Duke Energy Carolinas’ multi-million dollar toxic coal ash cleanup, which is estimated to climb to $5 billion in the coming years.

Duke Energy has a long record of polluting ground and surface waters with toxic waste from leaking, unlined coal ash sites across the state. In 2015, Duke pleaded guilty to nine criminal violations of the Clean Water Act and agreed to pay $102 million in fines for its negligent handling of coal ash, which contains dangerous heavy metals such as arsenic, mercury and lead.

But the N.C. Utilities Commission last month nonetheless voted to let Duke pass off $545 million in already-incurred coal ash costs to North Carolina ratepayers.

Although commissioners imposed a $70 million penalty against Duke because of the company’s coal ash mismanagement, the penalty was a slap on the wrist given that commissioners also decided that Duke’s $545 million in cleanup costs should be shouldered by customers, rather than by Duke and its shareholders.

In response, Dave Rogers, representative for the Sierra Club’s Beyond Coal campaign in North Carolina, released the following statement:

“Duke Energy has known for decades that it was dangerous to store toxic coal ash in unlined pits next to our waterways. They’ve pleaded guilty and paid $102 million in criminal fines for violations of the Clean Water Act and are still on probation because of illegal practices at their coal ash storage sites.

“We strongly oppose the decision to force families, businesses, and people struggling on fixed and lower incomes to foot the bill for Duke’s nearly 30 years of negligence and mismanagement.

“Duke shouldn’t be allowed to pass along costs associated with coal ash cleanup and the closure of the ash basins, both of which should have started a long time ago. Duke made this toxic mess and Duke should pay to clean it up.”

About the Sierra Club

The Sierra Club is America’s largest and most influential grassroots environmental organization, with more than 3 million members and supporters. In addition to helping people from all backgrounds explore nature and our outdoor heritage, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.