Comment on Duke's Carbon Plan

Public Hearings (From Appalachian Voices)

The North Carolina Utilities Commission is currently seeking public feedback on the Carbon Plan, and will hold five public hearings throughout North Carolina this April. Appalachian Voices and our allies have developed tools and resources to walk you through the process of participating in a public hearing. Attending a hearing is a simple and powerful way to share your concerns and have a voice in our energy future.

  • Asheville — Tuesday April 9 at 7:00 p.m.

  • Charlotte — Wednesday, April 10 at 7:00 p.m.

  • Virtual — Tuesday, April 23 at 6:30 p.m.

  • Wilmington — Monday April 29 at 7:00 p.m.

  • Durham — Tuesday, April 30 at 7:00 p.m.

Speaking in front of the Utilities Commission is optional — just your presence is an important way to show support for clean energy in North Carolina. However, if you would like to speak at the hearing, we’ll support you to ensure you feel prepared. Sign up to attend a hearing now!

How to Submit a Written Comment

Right now, North Carolina is developing its Carbon Plan, a roadmap for the state’s energy future that will influence how electricity is generated, the cost of electricity in years to come, and whether our state meets its pollution reduction goals.

You can share your thoughts on the Carbon Plan by submitting a written statement to the North Carolina Utility Commission, the regulatory body that will decide the direction of the final plan. The Commission considers written statements as part of their decision-making process.

Your written comment can be mailed to the Commission or submitted online.

  • Submit a comment on the NCUC website. Use Docket No. E 100 Sub 190.

  • Send in a comment by mail. Be sure to include Docket No. E 100 Sub 190. Mail your comments to 4325 Mail Service Center Raleigh, NC 27699-4300

The final Carbon Plan is not decided yet, let’s work together to shape a better energy future for NC!

Questions? Email Naomi Albert, N.C. Field Coordinator, at naomi[at]appvoices.org

Resources from App Voices

What is the Carbon Plan?

The Carbon Plan is the result of bipartisan legislation that requires the North Carolina Utilities Commission to develop a plan to reduce carbon emissions from the state’s electricity utilities. Passed in 2021, the law requires that the state take all reasonable steps to reduce carbon emissions from electric utilities 70% by 2030 and reaches carbon neutrality by 2050. The Carbon Plan is a roadmap for how the state will generate electricity and reduce its carbon emissions in the years to come.

The state is currently in the process of updating the Carbon Plan, which will be updated every two years. As part of the update process, the public has the opportunity to comment on the draft plan through public hearings.

Learn more

Additional Resources about the Carbon Plan

  • NC Utilities Commission’s Carbon Plan Order, By Alex Clingman, NC Sustainable Energy Association, February 6, 2023

Ten Year Anniversary of the Dan River Spill


February 2nd, 2024 marks the ten-year anniversary of the Dan River Spill. Five years ago, The Lilies Project hosted a Prayer by the Dan River. This year, we are resurrecting the Alliance of Carolinians Together (ACT) against Coal Ash, as we prepare for the public comment period for Duke’s Carbon Plan.

Following is an overview of what’s happened over the last ten years, as compiled by Ridge Graham with Appalachian Voices.

Coal Ash Timeline

Feb. 2 2014 @ approx 3 p.m → approx. 39,000 tons of ash and 27 million gallons of ash pond water through buried storm sewer → Duke Energy Dan River Steam Station https://www.cerc.usgs.gov/orda_docs/CaseDetails?ID=984 

Feb. 8 2014 → Six days after the spill, Duke Energy announces that the leakage has stopped and they plan on cleaning up the coal ash. https://www.southernenvironment.org/wp-content/uploads/2022/07/2022-6-27-Southern-Environmental-Law-Center-NC-coal-ash-timeline.pdf 

May 2 2014 → EPA enters financial agreement with Duke Energy to address Feb 2014 coal ash spill at Eden. Agreement requires Duke Energy to perform comprehensive assessment and removal at an estimated cost of 1M. Additionally, Duke Energy will pay EPA 2 mil for past and future costs associated with the spill. https://www.epa.gov/enforcement/case-summary-duke-energy-agrees-3-million-cleanup-coal-ash-release-dan-river 

September 2014 → NC’s First in the Nation Coal Ash Law takes effect https://www.mcguirewoods.com/client-resources/alerts/2014/9/north-carolinas-first-in-the-nation-coal-ash-law/ 

“The 2014 Coal Ash Management Act  mandated that four Duke Energy sites designated as “high priority” — Dan River, Sutton, Asheville, and Riverbend — needed to close by 2019, with all the ash removed.” Energy News Network → Intermediate risk sites by 2024, and low risk sites to close by 2029 https://energynews.us/2022/08/29/to-excavate-or-not-to-excavate-with-toxic-coal-ash-that-is-the-question/ 

Feb. 20 2015 → Federal prosecutors file criminal charges against three subsidiaries of Duke Energy for violating the Clean Water Act. Nine misdemeanor charges in all in North Carolina’s three federal court districts. https://www.latimes.com/nation/la-na-criminal-charges-duke-20150220-story.html 

May 14 2015 → Duke Energy’s operating companies plead guilty to all charges and are ordered to pay a 102 million dollar fine. 68 million went to criminal fines and the other 34 to environmental projects in NC and Virginia. Duke Energy is put on nationwide criminal probation. https://appvoices.org/2020/02/25/beginning-of-the-end-of-north-carolinas-coal-ash-crisis/ 

2015 → Appalachian Voices helps bring together NC community groups and leaders for a conversation → Alliance of Citizens Together Against Coal Ash → Pressures NCDEQ plans to not push “cap-in-place” plans https://appvoices.org/2020/02/25/beginning-of-the-end-of-north-carolinas-coal-ash-crisis/  

March 2016 → McCrory shuts down Coal Ash Management commission over questions of legality https://www.utilitydive.com/news/north-carolina-coal-ash-commission-abruptly-shuts-down/415926/ 

August 2016 → NC State Epidemiologist Megan Davies under McCrory admin → says DHHS “deliberately misleads the public” http://epimonitor.net/NC-Epidemiologist-Resigns.htm 

April 1 2019 → Communities across the state informed that NCDEQ ordered Duke to excavate all six of its North Carolina coal ash ponds that did not have clean up orders in place. https://appvoices.org/2020/02/25/beginning-of-the-end-of-north-carolinas-coal-ash-crisis/ 

April 26 2019→ Duke Energy appeals order, SELC intervenes on the case with seven other orgs (including App Voices)  

October 2019 → Excavation of Dan River impoundments and coal ash stacks complete. https://www.southernenvironment.org/wp-content/uploads/2022/07/2022-6-27-Southern-Environmental-Law-Center-NC-coal-ash-timeline.pdf 

Jan. 2 2020 → State announces settlement, confirms Duke Energy required to excavate ash ponds https://appvoices.org/2020/02/25/beginning-of-the-end-of-north-carolinas-coal-ash-crisis/ 

June 2020 → Excavation of coal ash from the Sutton site in Wilmington is completed. https://www.southernenvironment.org/wp-content/uploads/2022/07/2022-6-27-Southern-Environmental-Law-Center-NC-coal-ash-timeline.pdf 
May 2022 → Excavation of coal ash from the unlined Asheville coal ash lagoons is completed. https://www.southernenvironment.org/wp-content/uploads/2022/07/2022-6-27-Southern-Environmental-Law-Center-NC-coal-ash-timeline.pdf 

May 17, 2023 → EPA announces latest action plan to protect communities from coal ash, requiring safe management of legacy coal ash sites  in federally un-regulated areas. https://www.epa.gov/newsreleases/epa-announces-latest-action-protect-communities-coal-ash-contamination 



WUNC's Summer Youth Reporting Institute Highlights Walnut Cove

Thank you to Claire Haile for her excellent story,” 'David fighting Goliath': For Walnut Cove residents, environmental activism is personal,” as part of the 2022 Summer Youth Reporting Institute at WUNC in Chapel Hill. Haile interviewed David Hairston and Caroline Armijo about their environmental activism.

Listen to the story or read the full story here.

About Claire Haile

Claire Haile grew up in the Greensboro area. She is a rising sophomore at Davidson College, where her interests include history, anthropology, and gender and sexuality studies. Her interest in research, writing, and community stories drew her to the Youth Reporting Institute. Claire looks forward to using the skills she’s gained this summer to continue to learn and write about individuals and communities facing challenges.

About WUNC 2022 Youth Reporting Institute

This summer we continued to adapt to the new normal by running our summer radio institute in a hybrid format. With the American Tobacco Studios as our home base students had the opportunity to work within our newsroom, and from home. Using in-person training, Zoom calls, Instagram, and our curriculum website, we took youth reporters through the process of producing a radio story - from pitching to interviews to script-writing and editing. We worked with 8 high school and college students ages 16-20 from across the Triangle and Triad area.

Comments for EPA EJ Listening Session

I regret that I will not be fully present for tonight’s EPA EJ Listening Session hosted by the Dan Riverkeeper at the Carolina Marina. Fortunately the format is both virtual and in-person, so I am submitting these comments to the EPA and pointing them to links of a lot of great stories we have shared over the years.

In 2016, Walnut Cove Public Library hosted the US Civil Rights Commission on Coal Ash. A lot of powerful testimony was shared as part of that hearing. I encourage the EPA to read back through those stories. Even though the NC DEQ decided to clean up the coal ash in 2019, it is a lengthy clean up process and does not change much for the citizens. People are still sick and dying at a disturbing rate. We are unsure when the general health of the community will improve, if ever. (See information below)

In 2019, we collected a series of stories from citizens at the NC DEQ Hearing as part of their public comment period for Duke’s desire to cap the coal ash in place. We set up a photography booth and recorded audio stories from the participants. We then edited the stories into a pdf document that was submit to the state as part of the public comments. This project is known as The Faces of Belews Creek and is on display as part of a current installation about coal ash in Belews Creek and The Lilies Project.

Duke Energy is providing household water filters for homes within a certain perimeter around the coal ash pond. Some homes were unfairly excluded. Duke continues to maintain the filters. However the citizens statewide have a general distrust of Duke Energy being on their property and the standards to which the water is being held. No new water infrastructure was developed as a result of the well contamination. However, there is still an option to build a water intake facility upstream from Duke Energy on the Dan River. Water pipes were placed to the double bridges on Hwy 311 years ago. That infrastructure development would provide the impacted community with clean water, not contaminated, yet filtered water maintained by someone they distrust.

Some of the citizens are upset that with the settlement with the state, land owners were never compensated for the loss of their property value. There is no clear legal means by which they can pursue environmental justice for not only their health, but also fiscal losses by being neighbors to Duke Energy. The Warren Family, included in the At What Cost video, are one of the families who believe their land values have declined.

Most recently, citizens are upset that the Stokes County School Board has determined that Pine Hall Elementary School in Duke’s district is the first on the slate to be closed, as the over-all county population continues to decline. The school is the first to be closed, yet houses the county’s largest employer. Schools are central to a rural community’s livelihood. Families believe it will be unfair to be bused to schools in other areas. Stokes County demographics are predominantly white at 93.4% in the Pine Hall zip code, the number drops to 86.6%. Neighboring Walnut Cove is 86.0% white. It is disheartening that the highest level of minority citizens in the county are the first to lose their school. However that is in essence an example of environmental injustice and the burdens placed on communities by polluting businesses that make communities undesirable. The estimated population has dropped after the 2014 Dan River Spill and only slightly increased in 2018. Prior to the 2014, very few people knew what coal ash was. We began organizing in Belews Creek in late 2012/early 2013 with Appalachian Voices.

Finally, the loss of Danielle Bailey-Lash, my childhood friend, who lives through this project as my muse, is featured as part of “Under the Skin” by Linda Villarosa. I first became aware of coal ash when Danielle was diagnosed with a brain tumor in 2010. Many people in my home church was dying of brain tumors and cancers. They were choosing to recreate at Belews Lake. When I became aware of how horrific it was for the neighbors living next to the power plant, I began supporting their stories above all others, including Danielle’s. Our friendship is featured in Chapter 5 called “Where You Lives Matters,” as it looks at the intricacies of environmental racism. Linda and I discuss the book and the loss of Danielle in this online interview prior as part of the book tour here and here.

One of the greatest gifts to come out of this EJ Listening Session would be if Belews Lake itself was cleaned up through remediation, so that we no longer have to worry about our loved ones who continue to recreate there despite our pleas to not spend time at Belews Lake. Perhaps using oysters for remediation, like projects seen in Beuafort, NC. A clean lake would be a huge gift to the community and could lead eventually to the end of the harms we’ve all felt over living for decades in communities of cancer.


US Commission on Civil Rights

2015-17 NAACP NC Commission: Oral histories conducted for civil rights investigation, archives for HKonJ, Moral Mondays, Poor People’s Campaign

  • US Commission on Civil Rights 2016 Hearing held in Walnut Cove, NC: Examining Health and Environmental Issues Related to Coal Ash Disposal in North Carolina.

  • Assisted Southeast Regional director in gathering community testimony for public comment, and commissioning broad range of panelists’ testimonies.