Major decision for coal ash in North Carolina

Co-written by Tyler Owen and Ridge Graham

North Carolinians and impacted community members expressed a sigh of relief after hearing the Department of Environmental Quality’s decision to fully excavate the six remaining coal ash sites. Those directly affected by Duke’s negligence have been fighting for this result for years and it is surely a victory.

“What Just Happened”

On April 1, the N.C. Department of Environmental Quality released its decision to require Duke Energy to fully excavate the six remaining coal ash sites across the state. Though citing “rigorous scientific review” as the main proponent for the decision, it should be emphasized that without the tireless efforts of affected community members, this outcome could not have been achieved.

Bobby Jones with Down East Coal Ash Coalition in Goldsboro said, “This is a powerful moment. This is a true result of fusion activism, a result of what happens when we apply direct pressure on every level. This should remind us, as North Carolinians, that we have to abandon silos and come together and work together.”

Over the years, thousands of North Carolina citizens have shared their stories, experiences and concerns about toxic coal ash in unlined ponds across the state. Impacted residents and allies have attended numerous rallies and press conferences outside of courthouses, DEQ headquarters and inside of the General Assembly. These community members have also written thousands of comments, spoken at dozens of hearings and have had their voice heard on national platforms like CNN and the New Yorker. This April, the governor and DEQ officials finally listened.

North Carolina will now join Virginia and South Carolina in eliminating the unsafe storage of coal ash. Duke must submit excavation plans to DEQ by August 1st, which will be finalized by the DEQ later this year.

“Duke’s side”

It’s probable that Duke will request that the state allow them to pass the cost of excavation onto ratepayers, now estimated to add a likely inflated total of 4-5 billion to the total cost of coal ash cleanup of all sites across the state. Appalachian Voices, partner organizations and impacted residents stand with ratepayers and oppose this plan. The cost of cleaning up Duke Energy’s unsafe storage of coal ash onto its customers. The estimate is lofty for the average North Carolinian, however, to the largest energy supplier in the nation, it is easily met. The company took in an estimated 2.4 billion in 2018, according to their annual report. The cost of cleanup could be easily absorbed each year over the lifetime of the cleanup, which projections suggest will take over a decade at each site.

Caroline Armijo with Residents for Coal Ash Cleanup in Belews Creek said, “This decision does not come down to a matter of cost. It comes down to compassion and respect for the lives of the people who love this state and their homes. It will determine the outcome of Governor Cooper’s legacy. Coal ash is the reason he became North Carolina’s governor. He will be remembered by how these closures play out.”

While we do not know if Duke has a legal avenue to fight the decision in court. In response to the announcement, Duke highlighted the potential costs and stated that they cannot meet DEQ’s deadlines for coal ash cleanup with full excavation.

Forming excuses and finding ways to work their way around the costs of their negligence is not new for Duke Energy. The company influenced house bill 630 in 2016 which provided an avenue for DEQ to downgrade the risk classification of coal ash ponds from intermediate to low, provided that Duke Energy provide a permanent clean water source to those affected by coal ash contamination within a half-mile of the ponds outer boundary. Duke would connect 960 homeowners and businesses to municipal water lines while three of the six communities living with contaminated water, Belews, Mayo, and Roxboro, would instead receive filtration systems. Around the same time, Duke Energy began to “pay off” or compensate consumers in exchange for relinquishing their right to sue the energy conglomerate for damages to health or property. When this bill was passed the company was still denying any responsibility for the contaminated well water systems despite independent water testing displaying high levels of contaminants in addition to the multiple clean water act violations Duke Energy has committed over the years.

Who will pay for cleaning up coal ash contamination?

This week, Democrats in the N.C. House of Representatives filed legislation preventing Duke Energy from imposing rate hikes stemming from coal ash cleanup onto consumers. Republican lawmakers do not want to be on record for voting against a bill that would spare electric customers the burden of cleanup costs— the ratepayer protection bill will most likely languish in committee and never make it onto the floor.

In 2018, N.C. Attorney General Josh Stein and Sierra Club both appealed Duke Energy’s proposed rate increase, with Stein stating that “[the proposed rate increase] penalizes customers for mistakes Duke made in its ash operations. Those mistakes allowed ash from Duke plants to seep into rivers, lakes and groundwater”. Another proposed rate hike, which is almost certain, will be the catalyst for yet another court dispute.

Energy providers have been known to exacerbate cost estimates, their estimated cost of excavation is likely inflated and will not be the final total. In Virginia, Dominion’s original estimates of 2.6 to 6.5 billion were reduced to 2.8 to 3.4 billion. In South Carolina, the excavation of coal ash was completed ahead of schedule and under costs estimates. As a result, not only did the state see an immediate reduction in pollution levels, but there were economic benefits to the cleanup.

“More than an environmental victory, the coal ash cleanup has been an economic boon,” says Santee Cooper spokeswoman Mollie Gore. “It’s good for the environment, good for our customers and it’s good for the economy because it is providing and sustaining jobs.”

Marilyn Jeffers who lives near the Roxboro Steam Station said, “It’s wonderful to hear about DEQ making Duke clean up all the ash. I do worry about Duke trying to make customers pay for all of the cleanup, and we need to be ready to work against that, as it wouldn’t be fair.”

Hopefully this victory will ultimately empower more communities across our state and region who are advocating for their own justice to continue their fight and achieve what the neighbors of Duke Energy’s coal ash ponds across North Carolina have achieved. No matter what form the pushback from Duke Energy will take, these communities deserve to celebrate this win that was assured to be impossible — and they did.

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