DENR says Duke Energy seeks to avoid public input on coal ash clean up

FROM DENR:

RALEIGH – The N.C. Department of Environment and Natural Resources (DENR) filed briefs [on Aug. 12] that would hold Duke Energy accountable for the cleanup of its 14 coal ash facilities throughout North Carolina and protect the public’s right to provide its input. The filings oppose Duke Energy and the Southern Environmental Law Center’s (SELC) attempt to circumvent the public participation and scientific analysis required by the Coal Ash Management Act (CAMA).

In a July 2015 filing, Duke Energy asked the court to add three sites to the priority list, which would bypass the law and silence the public. CAMA defines four high-priority sites (Riverbend, Sutton, Dan River, and Asheville) for excavation, requires Duke to develop scientific information for DENR’s review, and provides for extensive public input on prioritizing the remaining 10 sites. The SELC filed a motion that supports Duke Energy’ effort to avoid public participation. The seemingly cozy relationship between Duke Energy and the SELC takes away the voice of the citizens who have to live with Duke Energy’s decisions long after the process is over.

“The Coal Ash Management Act mandates a transparent process with significant opportunity for public involvement in key decisions related to the closure of Duke Energy’s coal ash impoundments,” said DENR Secretary Donald van der Vaart. “Because the environmental impact and potential cost to ratepayers is so significant, DENR is not prepared to rely exclusively on Duke Energy’s and the SELC’s opinions about how to prioritize the excavation of coal ash sites. Instead, we believe science and public input, as required by law, should drive the decision-making process.”

Duke Energy estimates that the total cost of excavating all coal ash sites will reach $10 billion. Coal ash is already being moved at some sites as directed by DENR. The law requires prioritization of the remaining 10 facilities by the end of 2015. A scientific determination has yet to be made as to whether excavating each coal ash pond would best protect public health and the environment.

“We find it curious that the SELC would trust Duke Energy rather than following state law and the public input that it requires,” said DENR General Counsel Sam Hayes. “Under previous administrations Duke was allowed to make decisions about coal ash that resulted in mismanagement and contaminated groundwater.” Duke Energy recently pled guilty to a number of federal crimes related to the mismanagement of coal ash ponds.

Earlier this year, DENR issued the state’s largest-ever penalty for environmental damages, fining the utility $25.1 million for groundwater contamination at the Sutton Plant near Wilmington. Duke is challenging the fine and continues to deny any wrongdoing at Sutton.