The Supreme Court has been asked to review the Fourth Circuit’s Duke Energy Carolinas, LLC v. NTE Carolinas II opinion endorsing the controversial “monopoly broth” theory, which permits the aggregation of independently lawful...more
Customers of Duke Energy Progress and Duke Energy Carolinas (Duke Energy) have new options to achieve their clean energy goals in the Carolinas. If customers participate in these new programs, there may be additional...more
Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month....more
When Gov. Roy Cooper signed House Bill 951 on Oct. 13, 2021, North Carolina became the first state in the Southeast — and one of the first in the country — to authorize significant reductions in carbon dioxide emissions from...more
On September 1, 2021, the South Carolina Court of Appeals affirmed the circuit court’s decision in the matter of Jolly v. General Electric, et al. in which it had (1) denied defendants’ motion for a JNOV, (2) granted a new...more
On September 21, 2021, the Federal Communications Commission (FCC) issued the latest single in its anthology of decisions regulating the relationship between incumbent local exchange carriers (ILECs) and electric utilities,...more
Breaking News- New Leadership at the FTC- •President Joseph R. Biden designated Federal Trade Commission (“FTC”) Commissioner Rebecca Kelly Slaughter as Acting Chair of the FTC . •As Commissioner, Chairwoman...more
Under the terms of a deal with the DOJ announced this week, JPMorgan will pay $920 million and sign on to a deferred prosecution agreement “to resolve charges that it had manipulated markets for U.S. government bonds and...more
DUKE ENERGY BEGINS WORK ON 94 MW OF NEW SOLAR PROJECTS - On July 27, 2020, Duke Energy Corporation (“Duke Energy”) announced the commencement of construction on two new major utility-scale solar projects in western North...more
I know that you haven’t heard from me in a while. I’m sorry, and I feel guilty. ......I’m not ready to abdicate my position as the original NC Business Court blogger, so I’m back at it again. My reentry point is the...more
The United States Pipeline and Hazardous Materials Safety Administration (”PHMSA”) addressed in an October 24th letter a question addressing the application of the Hazardous Materials Regulations (“HMR”) to lithium metal...more
Tampa D Fluor Enterprises, Inc. v. Duke Energy Florida, LLC, No. 8:19-cv-00224, 2019 BL 135007, at *1 (M.D. Fla. Apr. 16, 2019) - On April 16, 2019, a Florida federal court dismissed without prejudice Fluor Enterprises’...more
Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s April 18, 2019 meeting, pursuant to the agenda as issued on April 11, 2019. Agenda items E-4 and C-4 have not been included due to...more
On Monday, the North Carolina Department of Environmental Quality issued determinations with respect to six Duke Energy coal plants, requiring that Duke close coal combustion residual surface impoundments at the plants by...more
On June 25, 2018, the North Carolina Utilities Commission (the “Commission”) issued an order (the “Order”) approving Duke Energy’s revised pro forma power purchase agreement (“PPA”) for use in the first solicitation under...more
In September 2017, we reported on a Court of Appeals of North Carolina decision holding that entities installing solar panels on customer rooftops are “public utilities” under state law, at least if they retain ownership of...more
On April 4, 2018, Duke Energy Carolinas, LLC’s and Duke Energy Progress, LLC’s (“Duke”) evaluation team (the “Evaluation Team”) and Accion Group, LLC, the Independent Administrator (“IA”) selected to conduct Duke’s...more
Are you planning to submit a renewable energy project under Duke Energy’s competitive procurement under Part II of H.B. 589? Duke Energy’s solicitation for 680 MW of renewable energy and capacity is expected to be released...more
On February 21, 2018, the North Carolina Utilities Commission (the “NCUC”) issued an order (the “Order”) approving, with numerous required modifications, the application of Duke Energy Carolinas, LLC (“DEC”) and Duke Energy...more
In the case of William Cox, personal representative for the estate of Robin Fleming, vs. Duke Energy, et. al. the Fourth Circuit recently addressed a glider pilot’s arrest for flying too close to a nuclear power plant, the...more
Are you ready for Duke’s competitive procurement for renewable energy in North Carolina? H.B. 589 has dramatically changed how utility-scale renewable energy generators will sell power to Duke. H.B. 589 established a new...more
A couple of years ago, I taught Administrative Law at the University of California, Irvine School of Law. One of the many theories that we covered was the idea of “regulatory capture”. This is a “term coined by public...more
In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more
Late last week, with only hours left for the Obama Administration, the Antitrust Division of the Department of Justice (DOJ) released one of the most remarkable gun-jumping enforcement actions in the more than 40-year history...more
This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court...more