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N.C. Utilities Commission Decision on Duke Energy’s Proposed Asheville Gas Plant Mixed, Conservation Groups Say

CHAPEL HILL, N.C.–Conservation groups expressed some reservations about today’s mixed decision by the North Carolina Utilities Commission on Duke Energy’s proposal to build a new gas-fired power plant in Western North Carolina. In a brief Notice of Decision, the Commission announced its decision to issue a “certificate of public convenience and necessity” to Duke for two 280 megawatt natural gas combined cycle units to replace the 379 MW coal plant when it retires in 2020. At the same time, the commission respected the recommendation of its Public Staff and calls from the public by denying Duke’s request for early approval of a third, 186 MW combustion turbine unit that Duke claimed it might need in 2023, if at all. Under a special law passed in 2015, the Commission had only 45 days to make a decision on Duke’s proposal. The commission will issue a more detailed decision at a later date.

Comments from the conservation groups follow:

“We’re pleased that the Commission has denied permission to build the third, 186 MW ‘peaking unit,’” said Joan Walker, campaign director at MountainTrue. “This decision is another step toward the retirement of the Lake Julian coal plant and one that gives Duke Energy further incentive to partner with our communities, build more renewable infrastructure, and expand access to energy efficiency programs which would reduce energy use and utility bills for families and businesses across the WNC region. We regret the Utilities Commission’s approval of the two 280 megawatt natural gas combined-cycle units that expert analysis determined were unjustified and oversized and not the best use of ratepayer dollars.  Natural gas prices may be low now but we fear that over-investment in such a large plant will saddle our region’s families and businesses with higher electricity bills in the future.”

“We’re disappointed in the North Carolina Utilities Commission’s decision to approve Duke Energy’s plans for a huge new gas-fired power plant near Asheville,” said Gudrun Thompson, the senior attorney at the Southern Environmental Law Center who represented MountainTrue and Sierra Club in the proceedings. “We welcome Duke’s long-overdue commitments to retire the Asheville coal plant in 2020 and clean up the leaking coal ash basins at the site. And we agree with the commission’s decision to deny Duke’s premature application for the third unit. But replacing the coal plant with an oversized, billion-dollar gas plant will lock the region into dependence on dirty fossil-fueled power for decades when the rest of the nation is transitioning to cleaner, cheaper energy resources.”

“It’s time to transition off of dirty, outdated fossil fuels in Western North Carolina,” said Emma Greenbaum, North Carolina organizing representative for Sierra Club. “Though we are pleased that the NCUC has decided to deny Duke Energy’s request for a third natural gas unit, we are disheartened that the approved plan allows for this oversized natural gas project to go forward. It is unfortunate that we’re being forced to continue on a climate-polluting path when energy efficiency and renewables continue to be the best, least cost solution for consumers and the environment. We will continue to advocate for the expansion of clean energy in our region and across the state as a transition to clean energy is the only responsible long-term solution to our energy needs.”

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The Southern Environmental Law Center is a regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC’s team of almost 60 legal and policy experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.

www.SouthernEnvironment.org

Court Rejects North Carolina’s Attempt to Weaken Air Pollution Protections

Court Rejects North Carolina’s Attempt to Weaken Air Pollution Protections

On Wednesday, the Southern Environmental Law Center, who represented Clean Air Carolina, North Carolina Coastal Federation, and Mountain True in the case, and Earthjustice, who represented the Sierra Club, issued the following:

CHAPEL HILL, NC— In a win yesterday for the people of North Carolina and everyone across the country who suffers health problems from breathing soot, the U.S. Court of Appeals for the D.C. Circuit rejected North Carolina’s challenge to federal standards that protect people from increases in dangerous fine particle pollution.

North Carolina waited over three years to seek to weaken the fine particle standards—long after the statutory deadline of 60 days. No other state joined North Carolina in its challenge.

“We applaud the court’s rejection of North Carolina’s baseless lawsuit,” said Myra Blake, attorney at the Southern Environmental Law Center. “This case has been a tremendous waste of North Carolina taxpayers’ resources, as the state chose to expend valuable time and energy challenging an important public health protection, even though it knew the deadline for filing its lawsuit had already passed.”

The court rejected the challenge because it was not filed within the statute of limitations.

“We’re glad the Court rejected North Carolina’s attempt to undermine the public health protections the Clean Air Act guarantees every person living here. Soot kills, and EPA established solid protections against it. North Carolina’s efforts to put profits over people’s lungs rightly failed,” Seth Johnson, attorney at Earthjustice, said.

The Southern Environmental Law Center represents Clean Air Carolina, North Carolina Coastal Federation, and Mountain True in this matter, and Earthjustice represents Sierra Club. These conservation groups intervened in the lawsuit on behalf of the federal government to oppose North Carolina’s attempts to relax the fine particle standards.

“Fine particle pollution is linked to over two million premature deaths around the globe each year, and there is no level of exposure that is considered safe,” said Mike Giles, Coastal Advocate for the North Carolina Coastal Federation. “That’s why local citizen groups representing over 15,000 North Carolinians joined forces to oppose the state’s lawsuit.”

Fine particles come from a number of sources, including coal-fired power plants and motor vehicles, and are linked to significant health problems, including asthma, heart attacks, bronchitis, and premature death.

“We are so glad that reason and science prevails to protect public health” said Clean Air Carolina’s Terry Lansdell. “North Carolina’s attack on fine particle protections would have wiped out substantial progress and pollution reductions that have occurred in the past several decades. The people of North Carolina can breathe easier knowing that this setback was averted.”

North Carolina had attempted to block citizen groups’ participation in the fine particle case, but the court rejected North Carolina’s arguments on this front as well in an earlier decision.

“Rather than promoting the interests of the people of North Carolina, the State actively tried to stifle citizen involvement in this matter. That effort fortunately failed, along with North Carolina’s attempt to rollback protections for people from the mountains to the coast” said Julie Mayfield, Co-Director of MountainTrue.

Duke announcement to clean coal ash ponds excludes two of three Cliffside sites

Duke announcement to clean coal ash ponds excludes two of three Cliffside sites

June 25, 2015

On June 25, Duke Energy announced plans to excavate and close 12 additional coal ash ponds across the state.

Duke Energy’s announcement does not impact its Asheville site, where all the ash is already mandated to be moved, but it does include excavation of one of the three coal ash ponds at the Cliffside power plant in Rutherford County. We know that all three ponds are leaching contaminants into the groundwater and the river so, while it is a step forward that Duke is committing to excavate ash in one of those ponds, we believe they can and should do better. They have not yet decided what to do with the coal ash in the other ponds, nor has the state mandated a cleanup strategy there.

With this announcement, Duke has now committed to excavate coal ash at 7 of 14 sites (20 of 32 ash ponds) in NC. Again, while this is a good step, seven communities across the state still don’t know the extent to which they will be protected from ongoing coal ash contamination going forward. We will press on with our litigation in the Cliffside case until we reach a resolution that will protect the people of that region and the Broad River.

BREAKING: Asheville coal plant retirement signals end to coal ash pollution

BREAKING: Asheville coal plant retirement signals end to coal ash pollution

AVLBeyondCoalFloat

 

Continued Reliance on Fossil Fuels Troubling to the Region

Asheville, NC – In an announcement today, Duke Energy revealed a proposal to retire the Asheville Plant, a 414 MW nameplate capacity (376 MW operating capacity) coal-fired power plant located near Asheville, North Carolina. The announcement includes plans to replace coal-fired power at the plant with new, larger gas fired generation options. Additionally, Duke has committed to building a solar farm on the site of coal ash ponds near the plant. Today’s announcement marks the 190th coal plant announced for retirement since the beginning of the Beyond Coal campaign.

In Response to Today’s Announcement MountainTrue, Sierra Club, Southern Environmental Law Center and Waterkeeper Alliance issued the following joint statement:

“For the last three years the Asheville Beyond Coal Campaign and thousands of individuals have called on Duke Energy to transition our region off of coal. This has been a struggle to protect our health, our families and our communities. It has required tireless effort to pursue a brighter vision for Asheville. We can declare victory in securing closure of the plant, for it means an end is in sight for the air, water, and carbon pollution from this plant, but Duke’s announcement to build new gas is inconsistent with the clean energy vision we have called for.

“While we applaud Duke’s decision to retire the Asheville plant, Duke failed to hear what people wanted in its place. Folks want a bright future that supports clean energy, not a giant gas plant polluting Asheville for another 30 years. North Carolina has the opportunity to be a leader in clean energy generation through aggressive investments in solar power and energy efficiency, and Duke Energy must be a partner in that effort – but moves like this deeply undermine the ability to bring online clean, reliable 21st century energy options that will create good jobs right here at home.

 “North Carolinians deserve clean water and home grown electricity options that invest in local communities and create jobs here in our community. North Carolina has some of the best potential in the nation to harvest the sun for our power needs but Duke Energy must be a partner in that investment if the state is ever to see the real benefits of clean energy.  While the proposed solar farm is a step in the right direction, it falls far short of the investment needed to move the region to a clean energy future.

“Additionally, this announcement does nothing to address evidence of unsafe air pollution from the Asheville Plant; under Duke’s proposal, the plant could continue to emit sulfur dioxide at levels that threaten public health until the coal-burning units are retired.

“The retirement of the Asheville Plant is a step in the right direction, but it is a half measure, undermined by continuing reliance on an economically unpredictable and polluting source of power. Duke can do better, and our community deserves better.  We will continue to use every tool at our disposal to fight for clean energy solutions for Western North Carolina.”

MSNBC: Duke Energy admits guilt in coal ash case

MSNBC: Duke Energy admits guilt in coal ash case

Rachel Maddow reports on the guilty plea by Duke Energy to nine criminal violations of the federal Clean Water Act, vindicating Riverkeeper activists who caught the North Carolina company in the act of illegal polluting.

New Report and Analysis Demonstrate Dangerous Air Pollution Levels Up To 3.5 Times Safe Limits

New Report and Analysis Demonstrate Dangerous Air Pollution Levels Up To 3.5 Times Safe Limits

** Both reports available as .pdf by request and online at http://content.sierraclub.org/coal/north-carolina/asheville/new-report-toxic-pollution **
Contacts:
Adam Beitman, Sierra Club, (202) 675-2385, adam.beitman@sierraclub.org
Melissa Williams, MountainTrue, (828) 258-8737 x 216,melissa@mountaintrue.org

Toxic Sulfur Pollution Exceeding Safe Levels in Asheville

New Report and Analysis Demonstrate Dangerous Air Pollution Levels Up To 3.5 Times Safe Limits

ASHEVILLE, NC – A new report demonstrates that Duke Energy’s Asheville coal plant has been emitting harmful sulfur dioxide (SO2) pollution at levels considered unsafe by the Environmental Protection Agency for the past several years. Areas impacted include parts of South Asheville, Fairview, and Leicester, as well as trails in the Bent Creek Forest.

An air modeling study by Air Resource Specialists[1] shows that concentrations of SO2 in the air near people’s homes downwind of the Asheville coal plant are up to 3.5 times higher than what EPA has determined to be safe. According to the study, the plant’s pollution has exceeded these minimum public health standards approximately one out of every three to four days since 2010.

A separate analysis[2] of operations at the plant points to the two causes of this increased pollution: Duke apparently has not been running its pollution protection technology fully and, at the same time, has switched to cheaper, dirtier, higher-sulfur coal. The most likely reason for these changes is to reduce the cost of running this plant, which is one of the utility’s most expensive to operate.

Air pollution controls, “scrubbers”, were installed at the plant in 2005 and 2006. The analysis released today suggests that when first installed, those safeguards were run at acceptable levels, but have been turned down in recent years.

“These new findings reveal dangers to families who live in and visit the impacted area and who breathe the air that is being polluted by Duke Energy’s coal plant,” said Kelly Martin, North Carolina Representative of the Sierra Club’s Beyond Coal Campaign.

“Fortunately, there is an easy way for Duke to eliminate this health threat and restore clean air to Asheville: they can run the plant’s pollution control technology as it was designed to be operated and can return to using coal with lower sulfur content,” said Julie Mayfield, Co-Director of MountainTrue(formerly, the Western North Carolina Alliance). “We urge Duke Energy to take the steps necessary to stop their pollution and protect our families.”

Nearly 20,000 children and adults suffer from asthma in Buncombe County[3]. “It is beyond my moral imagination that Duke Energy would permit this public health hazard to endanger our community,” said Richard Fireman, M.D., retired Emergency Medicine Physician. “We know that air pollution from sulfur dioxide triggers asthma attacks and airway constriction. It exacerbates other respiratory problems including bronchitis and emphysema, requiring emergency medical treatment and hospital admissions. Sulfur dioxide can also form other toxic sulfur compounds that can aggravate existing heart disease, causing hospital admissions and unexpected, premature death.”

“While we’ve just learned about the extent and intensity of sulfur dioxide pollution in Asheville’s air, Duke’s coal plant has been a known source of pollution affecting our water and our climate for decades. It’s time for Duke to take responsibility for this pollution and protect the health of our communities, not just some of the time, but all the time,” Martin said.

Previously, watchdog groups have discovered dangerous pollution from the plant’s coal ash pits, including mercury, leaking into the French Broad River in violation of the Clean Water Act. The plant is also the largest source of carbon pollution in Western North Carolina, making it the leading contributor to climate disruption in the region.

 


[1] D. Howard Gebhart, Air Resource Specialists, Inc., Air Quality Dispersion Modeling 1-Hour Average Standard for Sulfur Dioxide: Duke Energy — Asheville Plant (Feb. 13, 2015)

[2] Ranajit Sahu, Analysis of Scrubber Operation: Duke Energy — Asheville Plant (Feb. 16, 2015)

[3] stateoftheair.org/2014/states/north-carolina/ – American Lung Association