N.C. Utilities Commission Denies Duke Energy’s Application for Third Unit

Asheville Beyond Coal activists protesting the coal-fired power plant during a float on Lake Julian. The power plant produces CO2, SO2 and coal ash which pollutes the French Broad River.

On February 29, the North Carolina Utilities Commission handed down its decision on Duke Energy’s “Western Carolinas Modernization Project” giving Duke the go-ahead to construct two 280 megawatt natural gas combined cycle units, but rejecting a controversial third 186 MW “peaking” unit.

The two new natural gas units will replace the existing 379 MW coal plant when it retires in 2020. Duke had also sought approval of a third “peaking unit” despite having publicly stated that the unit would not be needed until 2023 and that company would work to avoid having to construct it by partnering with local communities, investing in more renewable infrastructure and expanding access to energy efficiency programs. By denying this part of the application, the Commission was respecting the recommendation of its Public Staff and calls from the public.

MountainTrue and the Sierra Club, represented by the Southern Environmental Law Center, were intervenors in the proceedings before the Utilities Commission. We provided the commission with expert analysis conducted by Dick Hahn, a senior executive in the energy industry with over 40 years of technical experience, who determined that Duke’s plan was too big, too expensive and unjustified. We asked the commission to reject the application and to call on Duke to come up with a better plan, one that would save ratepayers money, be less reliant on fossil fuels and help create new green energy jobs. Short of that, we called for the rejection of the third “peaking” unit.

The Commission’s decision falls short of a complete rejection. The full decision is expected to be released in the coming weeks, and, at that time, MountainTrue and the Sierra Club will review our options with our legal counsel and take the appropriate action.

This outcome is not perfect; we can’t ignore the destructive effects of methane and natural gas on our global climate. However, the denial of Duke Energy’s application for the third “peaking” unit by the Utilities Commission should still be seen as a victory for Western North Carolina. Duke Energy’s “Western Carolinas Modernization Project” was a direct result of a years-long campaign to shut down the coal-fired power plant on Lake Julian and to clean up its coal ash ponds. Thousands of MountainTrue and Sierra Club members made their voices heard, took action and won. Then when Duke put forth the first version of their modernization plan, our members took action again and helped defeat the new massive transmission line that Duke proposed to build by clear-cutting a path through the farms, forests and communities of Henderson, Polk and Transylvania Counties.

Face painting at the Protect Our Land Picnic in Hendersonville. Residents rallied in opposition to a transmission line that would have cut through the forests, farms and communities of Henderson, Polk and Transylvania counties and a new substation proposed for Campobello, S.C..

We’ve also secured from Duke, a promise to build 15 megawatts of new solar power infrastructure and 5 megawatts of cutting-edge industrial battery storage. The company has committed to working with the City of Asheville through the city’s Clean Energy Framework to help meet future demand through greater investment in renewables and expanded energy efficiency programs – with the express intent of avoiding the need for a third natural-gas fired peaking unit in the future.

Time and again, our communities have come together to oppose dirty coal, toxic waste, destruction of our natural heritage and beautiful mountain vistas. Because of that hard work, we’ve won a future where coal ash no longer pollutes the French Broad River, where smokestacks no longer spew sulfur dioxide into the air that we breathe, and where Duke has to respond to the concerns of our residents.

For that, MountainTrue thanks you for your ongoing support and dedication to protecting the places we share.

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

MountainTrue Raleigh Report, Issue #19

MountainTrue Raleigh Report

Issue 19: Tuesday, February 22, 2016

Welcome back to MountainTrue’s Raleigh Report. We are just one month away from North Carolina’s primary and just about two months away from the state legislature’s 2016 session, so it’s time to get back to it. In this edition, we’ll catch you up on recent happenings in Raleigh, take a look at WNC primary races and look forward to session.

But first-

It’s the MountainTrue 2016 Political Season Webinar – Free Lunch Edition

Wednesday, February 24, 12-12:45 pm.
From WNC legislative races all the way to the Governor’s Mansion, with a stop at the General Assembly along the way, MountainTrue’s legislative guru Rob Lamme gets you caught up on what’s happening in Raleigh, what to look for during the March primary season and what the legislature has in store for us during the upcoming legislative session. And of course we’ll also discuss MountainTrue’s strategies for protecting the places we share. RSVP today and you’ll be entered to win one of four free lunches at a restaurant in Asheville, as thanks for spending this lunchtime with us.

March 15 Primaries

There’s a big election coming up – with the White House, the Governor’s Mansion and a Senate seat on the line. WNC also has some of the hottest legislative races in the state. State Sen. Tom Apodaca (Henderson, Buncombe, Translyvania counties), Sen. Dan Soucek (Alleghany, Ashe, Avery, Caldwell, Watauga) and Rep. Roger West (Cherokee, Clay,Graham,Macon) are not running for re-election, prompting serious races for these open seats. Rep. John Ager (Buncombe) could face a very competitive race in November, as could Rep. Joe Sam Queen (Haywood, Jackson, Swain). Make sure you vote in the primaries and ask the candidates about their positions on important environmental issues.

Redistricting Craziness

You’ve probably heard that the U.S. Supreme Court threw out North Carolina’s congressional maps, ruling that two districts – the 1st Congressional District and the 12th Congressional District – were gerrymandered along racial lines. The ruling has thrown our elections into uncertainty, and the recent passing of Supreme Court Justice Antonin Scalia has added to the chaos. The ultimate resolution of the Court case remains to be seen, but the Joint Select Committee on Congressional Redistricting is holding public hearings and accepting written comments.

Environmental Quick Hits

Cleaning Up Cliffside: DEQ finally released the long-awaited draft priority classifications for state’s 14 coal ash dumpsites, but the coal ash dumps at Cliffside in Rutherford and Cleveland Counties were not recommended for complete cleanup. That decision leaves the surrounding communities and all those downstream at risk from toxic pollution. Call on DEQ to rank the Cliffside coal ash dumps based on the real risk they pose to public health, safety and the environment and attend the March 14th hearings in Rutherford and Cleveland counties.

DEQ Secretary Makes Waves: Secretary of Environmental Quality Donald van der Vaart raised eyebrows when he suggested at the Energy Policy Committee that state permits should be required for solar farms and that nuclear energy should be included as part of the state’s clean energy standard.

Coal Ash Drama Continues: State environmental regulators have fined Duke Energy more than $6.6 million for a coal ash spill that fouled 70 miles of the Dan River two years ago. The closing of the state’s coal ash ponds has been thrown into disarray by a N.C. Supreme Court ruling that the legislature exceeded its powers in creating the Coal Ash Management Commission.

More Supreme Court: The U.S. Supreme Court recently voted to delay implementation of the Clean Power Plan. The McCrory administration and DEQ were in favor of this delay. A lower court will hear objections to the law in June.

Coming Soon… The 2016 Legislature!

The General Assembly’s short session begins April 25th, and it will be here before you know it. All indications are that legislative leaders want this session to actually be short, but we will believe it when we see it. Here’s a good preview from Rep. Chuck McGrady.

The legislature’s biggest job will be approval of a revised 2016-2017 state budget. Look for conservation groups to protectincreased funding won last year, anti-tax groups to push for expanding sales taxes and eliminate the capital stock tax and education advocates to ask for increased teacher pay.

Again this session, MountainTrue will be taking the mountain to Raleigh to meet with our legislators about important WNC issues. We usually leave the day before and start meetings bright and early the next morning. Sign up today and join us to make your voice heard!

Get to Know Your Legislators
Keep your eye on our WNC Legislator Profiles. We continue to update them so you can get to know our legislators better.

Legislator Profiles

Get to know your legislators! Check out our updated legislator profiles; we just added Sen. Terry Van Duyn.

MOUNTAINTRUE COMES TO HIGH COUNTRY WITH KICKOFF EVENT IN BOONE

MountainTrue Comes to High Country with Kickoff Event in Boone

Boone, N.C. — The High Country welcomes MountainTrue with a kick off event at Appalachian Mountain Brewery in Boone on Thursday, March 3rd at 6pm. The event will feature great beer, music by Andy Ferrell and the unveiling of a tasty new seasonal cookie from Appalachia Cookie Company. A limited-edition poster featuring an illustration of Linville Falls was designed by Open Door Design Studio of Asheville and will be available for purchase at the event.

RSVP Through Facebook

Love clean water, healthier forests and more sustainable communities? Then, join us on March 3rd as we welcome MountainTrue to the High Country.

Join Us!

MountainTrue is a region-wide conservation organization that focuses on a core set of issues across the 23 counties of Western North Carolina: sensible land use, restoring public forests, protecting water quality and promoting clean energy – all of which have a high impact on the environmental health and long-term prosperity of our residents.

To expand their presence in the High Country, MountainTrue has opened an office in The GreenHouse in Downtown Boone which is staffed by Andy Hayslip, who was recently hired as MountainTrue’s High Country Regional Director and Watauga Riverkeeper. Andy comes to the High Country from the Florida Fish and Wildlife Conservation Commission where he worked to protect and conserve Florida’s natural resources, and brings a diverse background in land use planning, conservation, and water resources science and policy.

Andy Hayslip, MountainTrue High Country Regional Director and Watauga Riverkeeper, says:

I’m looking forward to expanding our work here in the High Country. Donna Lisenby, the former Watauga Riverkeeper, as well as other members of the community have been doing a great job of introducing me to everyone and getting me up to speed. I’m really excited to partner with business leaders, community groups, and environmental organizations to help protect our region’s beauty and ecological heritage.

At the March 3rd kickoff event, Andy looks forward to discussing MountainTrue’s history, mission, and upcoming programs for 2016, which will include a volunteer-led water quality monitoring program as well as stream restoration and clean-up events.

Appalachian Mountain Brewery is hosting the event, and has generously dedicated proceeds from its popular Pints for Nonprofits program exclusively to MountainTrue for the month of March. The brewery has put sustainability at the center of its business philosophy and has taken the lead in welcoming MountainTrue to town.

Danny Wilcox, Director of Retail Operations at Appalachian Mountain Brewery, says:

What really impressed me about MountainTrue is how dedicated they are to bringing the entire community together towards solutions that are good for everyone—conservationists, recreationists, business owners, tourists and locals. They take a balanced, holistic approach, and Andy seems like a really stand-up guy.

Appalachia Cookie Company has also pitched in by collaborating with MountainTrue on their Spring seasonal cookie, which will benefit MountainTrue and its conservation programs. Cookies will be available for purchase at the Brewery on the night of the event.

David J. Holloman, Owner of Appalachia Cookie Company, says:

Western North Carolina has its own issues and values that are distinct from what might be of concern to people in the eastern regions of the state. It’s going to take a regional vision if we’re going to effectively advocate for our forests, rivers and streams. Those are the lifeblood of our communities and MountainTrue gets that.

About MountainTrue

MountainTrue fosters and empowers communities throughout the region and engages in policy and project advocacy, outreach and education, and on the ground projects. To achieve our goals, MountainTrue focuses on a core set of issues across 23 counties of Western North Carolina: sensible land use, restoring public forests, protecting water quality and promoting clean energy – all of which have a high impact on the environmental health and long-term prosperity of our residents. MountainTrue is the home of the Watauga Riverkeeper, the primary watchdog and spokesperson for the Elk and Watauga Rivers; the French Broad Riverkeeper, the primary protector and defender of the French Broad River watershed; and Broad River Alliance, a Waterkeeper Affiliate working to promote fishable, swimmable, drinkable waters in the Broad River Basin. For more information: mountaintrue.org

Media Contact:
Karim Olaechea, MountainTrue Communications Director
C: 415-535-9004, E: karim@mountaintrue.org

High Country Kickoff

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DEQ Puts Cliffside Area Residents at Risk of Coal Ash Contamination

photo: courtesy of Duke Energy

The Department of Environmental Quality’s (DEQ) risk classification for North Carolina’s coal ash pits puts the health of residents who live downstream from the Cliffside coal ash impoundments, including those who live in Shelby and Gaffney, SC, at risk from contaminated drinking water.

Feb. 3. 2016

The DEQ issued its Coal Combustion Residual Impoundment Risk Classifications report on the afternoon of Friday, January 29. The DEQ has classified two of the Cliffside coal ash pits as low and one as “low/intermediate” priority despite testing that shows high levels of arsenic, chromium, cobalt, hexavalent chromium, thallium and vanadium contaminating groundwater and flowing into the Broad River. A classification of high or even intermediate priority would require Duke Energy excavate the sites, while a low rating means coal ash will be left on the banks of the Broad river to pollute a public drinking water source in perpetuity.

David Caldwell, coordinator of the Broad River Alliance — a Waterkeeper Alliance Affiliate, states:

“We know there are toxic chemicals in these ash ponds, and we know that they’re spilling into the Broad River and seeping into our drinking water. On every criteria set out by legislature in the Coal Ash Management Act, these three sites deserve a failing grade. If we don’t push the DEQ, all they’ll require for these pits it that they be covered and left in place to continue polluting our water in perpetuity. We are asking DEQ to show us the same respect given to 13 other communities across NC, and have the ash ponds permanently removed.”

DEQ is required to rate the ponds high, intermediate or low based on three criteria: the impact to surface water, the impact to groundwater and dam safety. According to the DEQ’s own Corrective Action Plan for the Cliffside Steam Station Ash Basin (November 16, 2015) all three of the Cliffside sites deserve a failing grade.

Pollution of Groundwater:
All three Cliffside coal ash ponds pollute the groundwater with high levels of toxic metals, including arsenic at over 468 times the state’s safety standard, vanadium at 690 times the standard, hexavalent chromium at 185 times the standard and cobalt at 119 times the standard. The polluted groundwater from all three pits flows into the Broad River and Suck Creek, which are drinking water sources for Shelby NC, Gaffney SC and other downstream municipalities.

Pollution of Surface Water:
All three coal ash ponds pollute the Broad River and Suck Creek with 28 illegal discharges that dump millions of gallons of toxic heavy metals each day, including chromium at 51 times the limit, arsenic at 37 times the state’s safety, and cobalt at 19 times the state’s safety standard.

Deficiency of Dam Infrastructure:
DEQ has rated the dams as low priority despite the fact that the three Cliffside coal ash ponds received 5 notices of deficiency for dam structural integrity in 2014. DEQ has justified its ratings based on the outcome of future renovations to the dams’ structure that have yet to be completed. The Coal Ash Management Act was designed to rate the dams on their current risk and currently all the dams have received recent notice of deficiencies for many of the same problems that caused the Dan River spill.

The heavy metals and toxic chemicals seeping from the Cliffside coal ash pits are present at levels that are harmful to humans and wildlife. Arsenic poisoning can lead to heart disease, cancer, stroke, chronic lower respiratory diseases and diabetes. Cobalt has been linked to cardiovascular disease, gastrointestinal disorders, blood poisoning, liver injury and thyroid problems. Chromium is a carcinogen and hexavalent chromium was the subject of the movie Erin Brockovich, which was based on the true story of groundwater contamination in Hinkley, California by Pacific Gas Electric Company.

MountainTrue, a conservation organizations that is active on issues affecting the Broad River watershed, encourages residents to attend one of two DEQ public hearings on the Cliffside plants scheduled for March 14.

Cleveland County Hearing on Cliffside Coal Ash Classification
Monday March 14 at 6:00 PM
114 E. College Ave, Shelby, NC 28152

Rutherford County Hearing on Cliffside Coal Ash Classification
Monday March 14 at 6:00 PM
Isothermal Community College Auditorium, 286 ICC Loop Rd, Spindale, NC 28160

For more information on the public hearings and DEQ coal ash classifications, visit https://mountaintrue.org.

About MountainTrue
MountainTrue fosters and empowers communities throughout the region and engages in policy and project advocacy, outreach and education, and on the ground projects. To achieve our goals, MountainTrue focuses on a core set of issues across 23 counties of Western North Carolina: sensible land use, restoring public forests, protecting water quality and promoting clean energy – all of which have a high impact on the environmental health and long-term prosperity of our residents. MountainTrue is the home of the Watauga Riverkeeper, the primary watchdog and spokesperson for the Elk and Watauga Rivers; the French Broad Riverkeeper, the primary protector and defender of the French Broad River watershed; and Broad River Alliance, a Waterkeeper Affiliate working to promote fishable, swimmable, drinkable waters in the Broad River Basin. For more information: mountaintrue.org

Media Contacts:

Karim Olaechea
Communications Director, MountainTrue
E: karim@mountiantrue.org; C: 415.535.9004

David Caldwell
Coordinator, Broad River Alliance – A Waterkeeper Alliance Affiliate
E: broadriveralliance@gmail.com C: 704.300.5069

Putting the modern in Duke Energy’s “modernization” plan

Southern Alliance for Clean Energy featured the following guest blog from Joan Walker, MountainTrue’s Campaign Director/Interim Southern Region Director detailing the history and current opportunities for public engagement on Duke Energy’s Western Carolina’s “Modernization” Project.

On January 26, in Asheville, our communities will have their only chance to speak on Duke Energy’s plans for Western North Carolina at a public hearing of the North Carolina Utilities Commission. This is the final chapter in a long campaign that has brought our communities together in the fight for a smarter, cleaner energy future.

Let’s rewind to May of 2015, when Duke Energy announced they would retire their Asheville coal-fired power plant. Those of us who have been working for years to secure that retirement experienced a confusing mix of excitement and disappointment. While our region would finally be free from our dependence on coal, Duke was planning a massive new natural gas-powered infrastructure project.

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