The North Carolina Supreme Court on Friday quickly rejected a challenge to regulators who decided a clean-energy advocacy group broke electric-service rules by selling solar power to a church.
The justices heard oral arguments less than four weeks ago in the case involving NC WARN, which installed solar panels on a Greensboro church’s roof and sold electricity to the church at rates below what Duke Energy Corp. subsidiaries charged.
The justices issued a one-word opinion that affirmed the majority decision on a Court of Appeals panel last year and gave no further explanation. That lower-court opinion agreed with a 2016 order by the North Carolina Utilities Commission that NC WARN was acting as a “public utility” subject to its regulation and infringing on Duke Energy’s government-sanctioned utility monopolies.
NC WARN had sought a ruling by the commission as a “test case” involving third-party sales. Its lawyers argued the group didn’t meet the definition of “public utility” because it was only helping nonprofits save money with clean energy.
Duke Energy spokesman Randy Wheeless said the country’s No. 2 electricity company “was confident that the original decision by the North Carolina Utilities Commission was absolutely correct” and was pleased with the swift decision.
Still, a ruling favorable to NC WARN worried utilities for fear they could lose revenues to competitors who cherry-picked customers that used high levels of energy.
NC WARN Executive Director Jim Warren said Duke Energy has been dragging its feet on rapidly expanding solar energy and Friday’s decision doesn’t end that.
“It’s really unfortunate that Duke Energy is allowed to continue protecting its monopoly against competition and to keep stifling the growth of cheaper, clean solar power,” Warren said in an interview. “Duke Energy’s business policy is to continue doing the bare minimum” and expand use of fracked natural gas, he added. Duke Energy is helping build a natural gas pipeline through eastern North Carolina.
Duke Energy Progress, an operating subsidiary serving eastern North Carolina, ranked fourth among electric utilities nationally in adding solar power and storage units in 2017, according to the Smart Electric Power Alliance.
The commission ordered NC WARN to refund its charges to Faith Community Church and pay a $200 fine for each day of electric service, but the panel said the penalties would be waived in part if they stayed out of the utility business. Warren said his group expected the penalties of nearly $60,000 would be set aside.
Related Stories
‹

Duke Energy Files Motion to Dismiss Carrboro's Climate Change 'Deception' LawsuitDuke Energy filed a motion to dismiss a Town of Carrboro lawsuit against it in Orange County, the first legal response by the energy giant.

On the Porch: Lisa Sorg - Data CentersThis Week:
Lisa Sorg is the North Carolina reporter for Inside Climate News. A journalist for 30 years, Sorg covers energy, climate environment and agriculture, as well as the social justice impacts of pollution and corporate malfeasance.
She has won dozens of awards for her news, public service and investigative reporting. In 2022, she received the Stokes Award from the National Press Foundation for her two-part story about the environmental damage from a former missile plant on a Black and Latinx neighborhood in Burlington. Sorg was previously an environmental investigative reporter at NC Newsline, a nonprofit media outlet based in Raleigh. She has also worked at alt-weeklies, dailies and magazines. Originally from rural Indiana, she lives in Durham, N.C.

Judge Dismisses Carrboro's Climate Change 'Deception' Lawsuit vs. Duke Energy, Citing 'Imprecise' ClaimsFollowing arguments held in September, Superior Court Judge Mark Davis dismissed the Town of Carrboro lawsuit on Friday.

Duke Energy Seeks to Merge Carolina Utilities, Projecting More Than $1B in Customer SavingsDuke Energy Corp. said it formally asked federal and state regulators on Thursday for permission to join together its two subsidiaries.

Some North Carolina Democratic Lawmakers Break from Party to Pass Republican PrioritiesNorth Carolina Republican lawmakers overrode several vetoes by Gov. Josh Stein, getting just enough votes from Democrats to enact some laws.

North Carolina Gov. Stein Vetoes Bill Repealing Interim Greenhouse Gas Reduction MandateNorth Carolina Gov. Josh Stein vetoed legislation Wednesday that in part would repeal an interim greenhouse gas reduction mandate set for Duke Energy's power generation.

North Carolina Lawmakers Finalize Bill That Would Scrap 2030 Carbon Reduction GoalNorth Carolina legislators finalized a bill Thursday that would eliminate an interim greenhouse gas reduction mandate set in a landmark 2021 law.

Rare Greenhouse Gas Law in North Carolina Could Get Pulled Back by GOP LegislatorsNorth Carolina enacted an energy law in 2021 that directed power plant emissions be sharply reduced. Now it's aiming to repeal a key element.

Top Stories of 2024: Town of Carrboro Sues Duke Energy Over Climate Change EffectsAt the start of December, the Town of Carrboro filed a climate change-related lawsuit against Duke Energy — one of the first of its kind.

North Carolina Gov. Cooper Vetoes Two More Bills, but Budget Still on Track To Become Law TuesdayWritten by GARY D. ROBERTSON North Carolina Gov. Roy Cooper vetoed on Monday both an energy bill and the legislature’s annual regulatory reform measure, while allowing legislation directing more state government oversight of high school athletics to become law. The measures were among those the General Assembly approved last month before it left Raleigh for […]
›