Duke Energy (NYSE: DUK) reported in its Aug. 4 quarterly Form 10-Q filing with the SEC that it is winning, so far, a court appeal related to an April 2014 approval by the Public Service Commission of South Carolina of a 750-MW, gas-fired project.
The South Carolina commission had granted Duke Energy Carolinas and North Carolina Electric Membership Corp. (NCEMC) a Certificate of Environmental Compatibility and Public Convenience and Necessity (CECPCN) for the construction and operation of a 750-MW combined-cycle natural gas-fired plant at the existing William States Lee Generating Station in Anderson, South Carolina.
Duke Energy Carolinas began plant construction in July 2015 and estimates a cost to build of $600 million for its share of the facility, including allowance for funds used during construction (AFUDC). The project is expected to be commercially available in late 2017. NCEMC will own approximately 13% of the project.
In July 2014, the South Carolina Coastal Conservation League (SCCL) and Southern Alliance for Clean Energy (SACE) jointly filed a notice of appeal with the Court of Appeals of South Carolina, claiming the South Carolina PSC did not properly consider a request related to a proposed solar facility prior to granting approval of the CECPCN. The appeals court affirmed the PSC’s decision on Feb. 10 of this year, and on March 24 denied a request for rehearing filed by SCCL and SACE.
On April 21, SCCL and SACE petitioned the South Carolina Supreme Court for review of the appeals court decision. Duke Energy Carolinas filed its response on June 13, and SCCL and SACE filed a reply on June 23. Duke Energy Carolinas cannot predict the outcome of this matter, the Form 10-Q added.