STATE EX REL. UTILITIES COM'N v. STEIN

Nos. 271A18 and 401A18.

851 S.E.2d 237 (2020)

STATE of North Carolina EX REL. UTILITIES COMMISSION; Duke Energy Progress, LLC, Applicant; and Duke Energy Carolinas, LLC, Applicant v. Attorney General Joshua H. STEIN; Public Staff — North Carolina Utilities Commission; North Carolina Justice Center, North Carolina Housing Coalition, Natural Resources Defense Council, Southern Alliance for Clean Energy, and North Carolina Sustainable Energy Association; and Sierra Club, Intervenors.

Supreme Court of North Carolina.

Filed December 11, 2020.


Attorney(s) appearing for the Case

Troutman Sanders LLP, by Kiran H. Mehta , Molly McIntosh Jagannathan , Charlotte, and Christopher G. Browning, Jr. , Raleigh, for Duke Energy Carolinas, LLC, and Duke Energy Progress, LLC.

Attorney General Joshua H. Stein , by Assistant Attorney General Margaret A. Force , Solicitor General Matthew W. Sawchak , Deputy Solicitor General James W. Doggett , Solicitor General Fellow Matt Burke , and Special Deputy Attorneys General Jennifer T. Harrod and Teresa L. Townsend .

Lewis & Roberts, PLLC, by Matthew D. Quinn , Raleigh, and Bridget M. Lee and Dorothy E. Jaffee , for appellant Sierra Club.

Southern Environmental Law Center, by Gudrun Thompson and David Neal , for North Carolina Justice Center, North Carolina Housing Coalition, Natural Resources Defense Council, and Southern Alliance for Clean Energy, and North Carolina Sustainable Energy Association, by Benjamin W. Smith and Peter H. Ledford , intervenor-appellants.

Public Staff — NCUC, by Chief Counsel David T. Drooz and Staff Attorneys Chris Ayers , Layla Cummings , Megan Jost , and Nadia Luhr , intervenor-appellant.

North Carolina Department of Justice, Environmental Division, by Special Deputy Attorney General Marc Bernstein and Senior Deputy Attorney General Daniel S. Hirschman , for North Carolina Department of Environmental Quality, amicus curiae.


These cases arise from appeals taken from orders entered by the North Carolina Utilities Commission addressing applications filed by Duke Energy Progress, LLC, and Duke Energy Carolinas, LLC, both of which are wholly owned subsidiaries of Duke Energy Corporation, by various intervenors representing the utilities' consumers that focus...

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