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Duke Energy is a major electricity generating company headquartered in Charlotte, North Carolina.[2]
Duke Energy owns and operates 36,000 MW of base-load and peak generation that it distributes to its 4 million customers.[3] Duke Energy's service territory covers 47,000 square miles with 106,000 miles of distribution lines.[4] Almost all of Duke Energy's Midwest generation comes from coal, natural gas or oil, while half of its Carolinas generation comes from its nuclear power plants. During 2006, Duke Energy generated 148,798,332 MWh of electrical energy.[3]
Duke Energy Generation Services (DEGS), a subsidiary of Duke Energy, specializes in the development, ownership and operation of various generation facilities throughout the United States. This segment of the company operates 6,600 MW of generation. 240 MW of wind generation are under construction and 1,500 additional MW of wind generation are in planning stages.[5]
| Contents - 1 Ties to the American Legislative Exchange Council
- 2 History
- 3 Negative tax rate
- 4 Congressional Campaign Contributions
- 5 Duke Indiana hires state regulators
- 6 CEO compensation
- 7 Switching sides on global warming
- 8 Duke Energy and the American Legislative Exchange Council (ALEC)
- 9 Workforce cuts
- 10 Power portfolio
- 11 Existing coal-fired power plants
- 12 Proposed coal unit closures
- 13 Coal Projects Sponsored by Duke Energy
- 14 Emissions
- 15 Citizen action
- 15.1 Nov. 15, 2007: Student blockade of Duke Energy headquarters
- 15.2 April 1, 2008: Rising Tide/Earth First! occupation of Cliffside construction site
- 15.3 April 20, 2009: Hundreds protest in Charlotte, N.C. against Duke's proposed Cliffside plant
- 15.4 May 7, 2009: Activists protest Cliffside Plant at Duke Energy shareholder meeting in Charlotte, NC
- 15.5 November 30, 2009: Activists block delivery of generator to Cliffside coal plant in Greenville, SC
- 15.6 May 5, 2011: Duke Energy shareholder meeting faces protests in Charlotte, NC
- 15.7 June 28, 2011: NC WARN warns of Duke's nuclear plans
- 15.8 Aug 12, 2011: EDF, N.C. sustainable energy biomass appeal
- 15.9 May 3, 2012: Activists block shipment of mountaintop removal coal
- 16 Coal waste
- 17 Rate Hikes
- 18 Environmental Record
- 19 Duke's nuclear stations
- 20 Subsidiaries
- 21 Coal lobbying
- 22 Reports
- 23 Senior Executive Management
- 24 Contact details
- 25 External links
|
Ties to the American Legislative Exchange Council
Duke Energy has been a corporate funder of the American Legislative Exchange Council (ALEC), the state corporate co-chair of Indiana and South Carolina [6] and a member of ALEC's Energy, Environment and Agriculture Task Force[7]. See ALEC Corporations for more.
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History
The company began in 1900 as the Catawba Power Company, when Dr. Walker Gill Wylie and his brother financed the building of a hydroelectric power station at India Hook Shoals along the Catawba River. In need of additional funding to further his ambitious plan for construction of a series of hydroelectric power plants, Wylie convinced James B. Duke to invest in the Southern Power Company, founded in 1905, which later became known as Duke Power. In 1988, Nantahala Power & Light Co., which served southwestern North Carolina, was purchased by Duke and is now operated under the Duke Power - Nantahala Area brand. Duke Power merged with PanEnergy in 1997 to form Duke Energy. The Duke Power name continued as the electric utility business of Duke Energy until the Cinergy merger (Cincinnati Gas & Electric Company with Kentucky subsidiary Union Light, Heat & Power and Plainfield, Indiana-based PSI Energy).[8]
With the purchase of the Cinergy Corporation, announced in 2005 and completed on April 3, 2006, Duke Energy Corporation's customer base now includes the midwestern U.S. as well. The company operates nuclear power plants, coal-fired plants, conventional hydroelectric plants, natural-gas turbines to handle peak demand, and pumped hydro storage. During 2006, Duke Energy also acquired Chatham, Ontario-based Union Gas, which is regulated under the Ontario Energy Board Act (1998).
On January 3, 2007, Duke Energy spun off its gas business to form Spectra Energy. Duke Energy shareholders received 1 share of Spectra Energy for each 2 shares of Duke Energy. After the spin-off, Duke Energy now receives the majority of its revenue from its electric operations in portions of North Carolina, South Carolina, Kentucky, Ohio, and Indiana. The spinoff to Spectra also included Union Gas, which Duke Energy acquired the previous year.
Duke merges with Progress Energy
On January 9, 2011, Duke Energy said it agreed to buy Progress Energy for $13.7 billion in stock, creating the largest U.S. power company if it wins approval from regulators in North and South Carolina. The transaction would create an industry giant with approximately 7.1 million electricity customers in North Carolina, South Carolina, Florida, Indiana, Kentucky and Ohio, and 57,000 megawatts of generating capacity. State regulators have sought concessions from large power companies planning to merge, such as rate reductions.[9]
If the deal is approved by regulators, the combined companies would form the single largest utility in the United States.[10]
In hearings before the NC Utilities Commission in September, 2011, a variety of organizations objected to the merger.[11] The merger would mean "increased emissions from coal-fired generation" with an increase of 9.5 million MWH of coal-fired generation over the first five years after the merger, and would also result in the creation of a dominant procurer of renewable energy that would limit the pool of renewable energy developers, according to environmental organizations.[12]
Critics suggested requiring Duke / Progress to generate more energy from renewables, to provide more protection for the poor against future rate increases, to commit to investments in energy conservation and smart-grid technologies, to allow solar-panel owners to sell electricity directly to consumers rather than only to utilities, and to unlink electric company profits from the amount of power sold.[13]Paul Chesser of the American Tradition Institute said the criticism was nothing more than a "green shakedown." [14]
FERC and anti-trust concerns: On Sept. 30, 2011, the Federal Energy Regulatory Commission found that the merger would adversely impact competition in the North Carolina energy market. The company will have until Dec. 1, 2011, to address concerns. [15] FERC said the concerns with competitiveness were especially serious in Eastern North Carolina. [16]
The merger went into effect on July 2, 2012. Progress CEO Bill Johnson assumed the CEO position at the combined company, signing a three-year contract. One day later, on July 3, Johnson resigned. Regardless, Johnson will receive exit payments worth as much as $44.4 million, according to Duke regulatory filings. Johnson?s replacement is former Duke CEO Jim Rogers.[17]
Negative tax rate
A 2011 analysis by Citizens for Tax Justice and the Institute on Taxation and Economic Policy, "Corporate Taxpayers & Corporate Tax Dodgers: 2008-10" found dozens of companies, including fossil fuels, used tax breaks and various tax dodging methods to have a negative tax balance between 2008 and 2010, while making billions in profits. The study found 32 companies in the fossil-fuel industry -- such as Peabody Energy, ConEd, and PG&E -- transformed a tax responsibility of $17.3 billion on $49.4 billion in pretax profits into a tax benefit of $6.5 billion, for a net gain of $24 billion.[18]
The companies that paid no tax for at least one year between 2008 and 2010 are the utilities Ameren, American Electric Power, CenterPoint Energy, CMS Energy, Consolidated Edison, DTE Energy, Duke Energy, Entergy, FirstEnergy, Integrys, NextEra Energy, NiSource, Pepco, PG&E, PPL, Progress Energy, Sempra Energy, Wisconsin Energy and Xcel Energy.[19]
In December 2011, the organization Public Campaign published a report called "For Hire: Lobbyists or the 99%?" on corporations that have paid more on lobbying than on federal taxes. Duke ranked tenth (see chart), reporting nearly $5.5 billion in U.S. profits from 2008 to 2010, and collecting $216 million from the U.S Treasury (tax rate of -3.9%) while spending over $17 million on lobbying,[20] with its tax subsidies aided by the company's 27 overseas tax havens.[21]
Congressional Campaign Contributions
Duke Energy is one of the largest contributors to both Republican and Democratic candidates for Congress. These contributions total $392,600 to the 110th US Congress (as of the third quarter), the largest of which has been to Sen. George Voinovich (R-OH) for $28,000. Senator Voinovich, for his part, has consistently voted with the coal industry on energy bills.[1]
Contributions like this from from fossil fuel companies to members of Congress are often seen as a political barrier to pursuing clean energy.[2]
More information on coal industry contributions to Congress can be found at FollowtheCoalMoney.org, a project sponsored by the nonpartisan, nonprofit Oil Change International and Appalachian Voices.
Duke Indiana hires state regulators
In September 2010, Duke Energy Indiana hired as assistant general counsel Scott Storms, the General Counsel and Chief Administrative Law Judge at the Indiana Utility Regulatory Commission (IURC), raising questions about the revolving door relationship between regulators and utilities.[22] Storms served as General Counsel to the state Commission that regulates Duke and other Indiana utilities, and was the presiding Judge over most hearings regarding the controversial Edwardsport Plant, a $2.35 billion Integrated Gasification Combined Cycle coal plant currently under construction, which is projected to raise customer rates an average 19 percent rate by 2013.[23] Storms signed many of the IURC?s decisions related to Edwardsport ? the last as recent as July 23, 2010. Citizens Action Coalition noted that this violates the Indiana Ethics Commission's direction for State employees, which states on its website: ?[If] you work for the Utility Regulatory Commission making regulatory decisions concerning a public utility company, you may not work for this utility company for a year.?[24]
The current Chairman of the IURC, David Lott Hardy, also worked for one of Duke?s predecessor companies, PSI Energy, several years ago.[25]
IURC Chair Hardy dismissed, Duke CEO Reed put on leave, and Duke rate hike denied
In October 2010, Duke placed Mike Reed, president and CEO of its Indiana operations, on administrative leave in the wake of a state investigation into the company that resulted in the dismissal of the chairman of the Indiana Utility Regulatory Commission (IURC) David Lott Hardy. Early that month, Gov. Mitch Daniels fired IURC chief Hardy for allowing IURC agency official Scott Storms to continue presiding over the Edwardsport Duke Energy case even after talking with Duke about a job opportunity.[26]
The firing of Hardy followed the departure to Duke?s Plainfield office of Scott Storms, who had been administrative law judge for the IURC and presided over a handful of cases involving Duke, including matters involving cost overruns at Duke?s Edwardsport generating plant. Duke said it was also putting Storms on administrative leave from his position in Duke?s legal-regulatory department, ?pending the completion of a full evaluation.?[26]
Daniels has directed that administrative opinions over which Storms presided will be reopened and reviewed by the Indiana Utility Regulatory Commission ?to ensure no undue influence was exerted in the decisions.? Daniels also directed that a one-year cooling off period for decision makers is to be considered for those at the administrative law judge level. The administration said it has referred the matter to the inspector general to determine if any laws were broken or whether misinformation was presented to the Ethics Commission.[26] In October 2011, the commission dismissed Duke's rate hike request for power grid upgrades, citing the fact that Storms presided over the original case before accepting employment with Duke.[27]
Construction of Duke's Edwardsport Plant, a project that Storms had overseen from the beginning, also loomed, as construction costs have increased from $2 billion to more than $3 billion. State regulators are scheduled to begin hearings in late October 2011 on whether Duke Energy or Indiana ratepayers will cover the more than $1 billion in cost overruns. The state ruled that Storms violated Indiana ethics laws. The ethics commission fined Storms and stripped him of his law license. Storms has since appealed the rulings.[28]
E-mails raise ethics questions over Duke executives and Indiana regulators
In late November 2010 it was discovered that James L. Turner, the second-highest-paid executive at Duke Energy Corp., kept in regular touch with Indiana regulators. In dozens of e-mails, obtained by The Indianapolis Star under an open records request, the Turner and David Lott Hardy, then chairman of the Indiana Utility Regulatory Commission, discussed many personal topics, sometimes trading messages eight or 10 times a day. Turner and Hardy also frequently discussed Storms and Reed, as those two went through job interviews and were hired away from the IURC by Duke earlier that year. Hardy wanted constant reports on the hiring process: "How real is the interest in Mike (Reed)? I think it's a marriage made in heaven. Is this decision yours and I don't need to sell Jim [Rogers, CEO of Duke], or is his buy-in pivotal?" The Indianapolis Star wrote that the emails "show that the friendly relationship between Duke and Indiana regulators, which resulted in the firing of Duke's Indiana president, Mike Reed, in an ethics scandal earlier this month, extended all the way to Duke's headquarters in North Carolina" and that "the e-mails raise questions about whether Turner had special access to Hardy that was unavailable to utility customers, grass-roots groups and everyday citizens in matters of rate increases and electricity regulation."[29]
On December 6, 2010, James Turner resigned.[30] Turner will leave the company with a farewell package worth more than $12 million, which includes his pension, bonuses and deferred compensation worth more than $8.5 million. In return, Turner has agreed not to work for a competitor for two years and not to solicit business from Duke customers or entice other Duke employees to leave.
On Dec. 21, 2010, The Indiana Utility Regulatory Commission signed an order that compels former Duke executive James Turner to appear at a deposition in Indianapolis for questioning by the Citizens Action Coalition of Indiana, the Sierra Club, Save the Valley and Valley Watch. The groups will get to question James Turner in early 2011 about his role in the company's decision to hire away several state employees in possible violation of Indiana ethics laws, as well as about the company's $2.9 billion coal-gasification plant in Edwardsport, which they call a boondoggle. The groups want to use the information to help build a case that Duke Energy used undue influence in getting the state to approve the Edwardsport plant and its cost overruns, much of which will be passed along to consumers. The groups want to halt construction at the plant, which is more than halfway completed, and have Duke foot much of the bill on the grounds that the company has concealed information and mismanaged the project. In mid-December, Duke agreed to reopen negotiations on the plant's latest round of cost overruns, worth about $500 million.[31]
CEO compensation
In May 2007, Forbes listed Duke Energy CEO Jim Rogers as receiving $10.2 million in total compensation for the latest fiscal year. He ranked 10th on the list of CEOs in the Utilities industry, and 174th out of all CEOs in the United States.[32]
Switching sides on global warming
The company, previously called Duke Power, was a member of the Global Climate Coalition, a now-defunct industry group that fought plants to reduce greenhouse gas emissions. [3]
In January 2007, Duke Energy was one of 10 major companies to form the U.S. Climate Action Partnership, an industry group that called on U.S. President Bush to "to fight global warming by limiting greenhouse gases, funding research into renewable energy and creating a market for carbon dioxide emissions." [4]
Duke's role in the group was widely seen as visionary and/or selfless despite the fact that it proposed to construct two new coal-fired power plants in its service territory (Cliffside and Edwardsport). "About half of Duke's electricity comes from coal-fired power plants, which release more carbon dioxide than those burning natural gas," noted the San Francisco Chronicle. [5] Duke also remains a member in the U.S. Chamber of Commerce - a group that vehemently opposes climate legislation.
CEO Jim Rogers suggests Duke moving away from coal
In May 2009, Jim Rogers told reporters that that Duke was likely building its last two coal plants, until and unless carbon capture and storage (CCS) technology becomes commercially available. Rogers said he would instead focus on nuclear power generation. He said nuclear power presents less of a waste disposal problem than coal plants, because a smaller area is required for waste storage, and because CCS will require a system to transport CO2 gas long distances.[33]
One of key trends being considered in a joint Duke - Rocky Mountains Institute project on the company's business scenarios is "whether key technological developments, such as carbon capture and sequestration, develop or not".[34]
Duke Energy and Alstom Power leave ACCCE over climate change legislation
In September 2009, both Duke Energy and Alstom Power, a French company that makes parts for power plants, announced they were resigning from the industry group American Coalition for Clean Coal Electricity. Both companies cited concerns about alliance's opposition of the Waxman-Markey Climate Bill, which is attempting to cap greenhouse gas emissions. Tim Brown, a spokesman for Alstom, said the company wanted to remove any doubt about its full support for the legislation.[35][36]
Duke Energy still works with representatives of ACCCE within the American Legislative Exchange Council's Energy, Environment and Agriculture Task Force.[37]
According to the Charlotte Business Journal, Duke Energy has given ALEC $116,000 since 2009 for its meetings, including a $50,000 grant for ALEC's spring 2012 meeting in Charlotte, NC where Duke is headquartered. Duke claims that it doesn't support ALEC's attacks on climate change legislation and renewable energy standards.[38] Duke and Progress Energy are members of ALEC's Energy, Environment and Agriculture Task Force where model state laws are created to attack Environmental Protection Agency clean air and water regulations, end state partnerships to reduce global warming emissions, create fracking chemical disclosure loopholes, and other laws that benefit companies like Duke, ExxonMobil, Koch Industries, Peabody Energy and others who have ALEC membership.[39]
Duke also helps ALEC State Chairmen in South Carolina and Indiana oversee ALEC activity in those states, primarily for fundraising and ALEC recruitment, according to ALEC's bylaws. [40] Working alongside ALEC state chairmen Rep. David Wolkins and Sen. Jim Buck in Indiana is Julie Griffith, Duke's Vice President of Government Affairs. In South Carolina, Duke's SC Regional Director Chuck Claunch and Progress Energy's Jeanelle McCain serve as private sector co-chairs with ALEC State Chairmen Rep. Liston Barfield and Sen. Thomas Alexander.[37]
Workforce cuts
Almost 900 Duke employees took a buyout offer made by the company in early 2010, reducing Duke's workforce by almost five percent.[41] The offer was made to Duke's 8,700 non-union workers, who represent about forty-seven percent of the company's 18,700 person workforce.[41] The cuts have come from workers in the five states that Duke has operations.[41]
In 2006, Duke cut 1,500 jobs after a merger with Cinergy Corporation.[42] Utility companies Dominion Resources and Duke Energy made similar cuts in 2010.[43]
Power portfolio
Out of its total 43,761 MW of electric generating capacity in 2005 (4.10% of the U.S. total), Duke produces 42.5% from coal, 32.4% from natural gas, 17.2% from nuclear, 6.5% from hydroelectricity, and 1.3% from oil. Duke owns power plants in Arkansas, Arizona, California, Georgia, Illinois, Indiana, Kentucky, Maryland, Mississippi, North Carolina, Ohio, Pennsylvania, South Carolina, Texas, and Virginia.[44]
Decreasing power demand
In November 2008, Duke announced plans to roll back on new power generation because of a decline in demand. The company will delay the construction of two gas-fired power plants in North Carolina and postpone the approval process for the a nuclear plant in South Carolina. The changes were announced along with a 65% decline in third quarter earnings and are expected to reduce capital costs by $200 million this year. The cost-cutting moves did not include any changes to Duke's heavily-opposed coal plant proposals.[45]
In September 2010, Duke proposed closing seven coal-powered units due to new EPA regulations. But the utility continued to plan for a new nuclear plant, its first since the mid-1980s, to open in Gaffney, S.C., in about 2020. Duke is also building two gas-fired power plants, to open at Buck in late 2011 and at Dan River in late 2012.[46]
Existing coal-fired power plants
Duke had 70 coal-fired generating stations in 2005, with 18,591 MW of capacity. Here is a list of Duke's coal power plants with capacity over 100 MW:[44][47][48]
| Plant Name | State | County | Year(s) Built | Capacity | 2007 CO2 Emissions | 2006 SO2 Emissions |
|---|
| Gibson | IN | Gibson | 1975, 1976, 1978, 1979, 1982 | 3340 MW | 20,400,000 tons | 155,057 tons |
|---|
| Belews Creek | NC | Stokes | 1974, 1975 | 2160 MW | 13,600,000 tons | 95,290 tons |
|---|
| Marshall | NC | Catawba | 1965, 1966, 1969, 1970 | 1996 MW | 12,600,000 tons | 85,050 tons |
|---|
| W.H. Zimmer | OH | Clermont | 1991 | 1426 MW | 8,597,000 tons | 22,054 tons |
|---|
| Miami Fort | OH | Hamilton | 1949, 1960, 1975, 1978 | 1378 MW | 7,546,000 tons | 62,028 tons |
|---|
| Beckjord | OH | Clermont | 1952, 1953, 1954, 1958, 1962, 1969 | 1221 MW | 6,330,000 tons | 62,480 tons |
|---|
| Wabash River | IN | Vigo | 1953, 1954, 1955, 1956, 1968, 1995 | 1165 MW | 4,738,000 tons | 58,793 tons |
|---|
| G.G. Allen | NC | Gaston | 1957, 1959, 1960, 1961 | 1155 MW | 5,864,000 tons | 45,395 tons |
|---|
| Cayuga | IN | Vermillion | 1970, 1972 | 1062 MW | 6,914,000 tons | 86,174 tons |
|---|
| Cliffside | NC | Cleveland | 1940, 1948, 1972 | 781 MW | 3,591,000 tons | 28,878 tons |
|---|
| East Bend | KY | Boone | 1981 | 669 MW | 4,332,000 tons | 3,947 tons |
|---|
| Gallagher | IN | Floyd | 1958, 1959, 1960, 1961 | 600 MW | 3,383,000 tons | 50,819 tons |
|---|
| Riverbend | NC | Gaston | 1952, 1954 | 466 MW | 1,676,000 tons | 16,481 tons |
|---|
| Buck | NC | Rowan | 1941, 1942, 1953 | 370 MW | 1,626,000 tons | 12,054 tons |
|---|
| W.S. Lee | SC | Anderson | 1951, 1958 | 355 MW | 1,151,000 tons | 10,256 tons |
|---|
| Dan River | NC | Rockingham | 1949, 1950, 1955 | 290 MW | 827,000 tons | 7,882 tons |
|---|
| Edwardsport | IN | Knox | 1949, 1951 | 109 MW | 680,000 tons | 8,281 tons |
|---|
In 2006, Duke's 17 major coal-fired power plants emitted 103.8 million tons of CO2 (1.7% of all U.S. CO2 emissions) and 811,000 tons of SO2 (5.4% of all U.S. SO2 emissions).
In 2006, Duke's Gallagher plant emitted more tons of SO2 per MWh than any other major power plant in the country; Wabash River ranked 6th in tons of SO2 per MWh, and Cayuga ranked 8th.[47]
Duke Energy's Gallagher Generating Station and Environmental Justice
Resident and Nurse Rhoda Temple Morton's father worked at the Gallagher plant and died of cancer
Duke Energy's Gallagher Generating Station is located in the town of New Albany, across the river from Louisville, Kentucky. The majority of the African American population living within a 3 mile radius of the power plant are in an income bracket which is substantially lower than the rest of the community, raising issues around environmental justice and coal. Gallagher is among over 100 coal plants near residential areas.[49]
Proposed coal unit closures
A 2011 report by NC Warn, "New Nuclear Power is Ruining Climate Protection Efforts and Harming Customers", argues that while Duke says it is moving to lower its use of coal, it is actually substituting a new 835 megawatt (MW) Cliffside Plant for 18 rarely used units with capacity totaling 1,600 MW. Twelve of those units are under 100 MW in capacity; four units were not used at all in the year ending May 31, 2011.[50]
Edwardsport
Duke Energy closed the Edwardsport Generating Station (existing) in spring 2010, and will begin demolishing the structure by October 2011. Company spokesman Lew Middleton said Duke will turn the site of the old plant in a storage area for burned coal, or slag, produced by Duke's new coal-gasification plant - the Edwardsport Plant - planned for Fall 2012.[51]
Riverbend, Buck Steam, Lee Steam, Cliffside and Dan River
In September 2010, Duke Energy said it might close seven coal-fired units at its Carolinas power plants within five years as environmental regulations intensify. It may retire by 2015 all coal-fired units for which it's not economical to install sulfur dioxide controls called scrubbers. That would increase by 890 megawatts the coal plants Duke had planned to retire in 2009. The retired units would be at Duke's Riverbend Steam Station in Gaston County, Buck Steam Station in Rowan County, and Lee Steam Plant in Anderson County, S.C. Duke said it might convert Lee from coal to natural gas fuel.[46]
Duke has already agreed to retire 800 megawatts of older coal units as part of an N.C. permit to build a new 825-megawatt unit under construction at the Cliffside Plant in Rutherford County. That will shutter four old units at Cliffside, two at Buck, three at Dan River Steam Station, and two at Riverbend.[46]
Duke's projections show the amount of its electricity generated with coal falling from 42 percent in 2011 to 29 percent in 2030. The share from nuclear power, in contrast, stays steady at 51 percent. The utility continues to plan for a new nuclear plant, its first since the mid-1980s, to open in Gaffney, S.C., in about 2020. Duke is also building two gas-fired power plants, to open at Buck in late 2011 and at Dan River in late 2012.[46]
Gallagher station
Under a plan submitted to the Indiana Utility Regulatory Commission on May 24, 2011, Duke Energy said it plans to shut down two coal-burning units at its Gallagher Generating Station and purchase a share of the Cayuga Generating Station in Indiana to make up the difference. The plan is being considered as a potential settlement option in a more than a decade-old lawsuit the company has with the EPA. Duke had been exploring the idea of converting two of the Gallagher burners to natural gas via running a gas pipeline from Kentucky. But the gas pipeline would cost $71 million, while Duke would pay $68 million for its share of the Vermillion Plant, owned by both Duke Ohio ? an unregulated subsidiary of Duke Energy ? and Wabash Valley Power Association. Duke Energy would own 62.5 percent of that plant and Wabash would own the remainder.
The lawsuit that initiated the filing relates to air quality: the EPA alleges Cinergy ? which merged with Duke Energy in 2006 ? undertook six power-plant upgrades that added new coal burners in Indiana and Ohio without obtaining new permits as required by New Source Review provisions. Both the Indiana Utility Regulatory Commission and the Federal Energy Regulatory Commission will have to approve either option before Duke moves ahead.[52]
Beckjord Generating Station
On July 15, 2011, Duke said it expects to retire all six coal-fired generation units at its Beckjord Generating Station in Ohio by Jan. 1, 2015, due to the proposed Environmental Protection Agency (EPA)'s Utility Maximum Achievable Control Technology (MACT) rule, which will be finalised in November 2011, and will require coal-fired plants to reduce emissions of particular toxic air pollutants. The company said it plans to meet demand by buying electricity on the competitive wholesale market or by constructing or acquiring natural gas-fired combined-cycle generating assets.[53]
Wabash River Generating Station
On May 29, 2009, U.S. District Judge Larry J. McKinney ordered Duke Energy to shut down three units of the Wabash River Generating Station for violations of the federal Clean Air Act. In 2008, a jury found that Duke-owned Cinergy had modified the facilities without installing best-available pollution control technology. The units, which supply 39 percent of the station's power, were slated to be taken off line in 2012.[54] An appeals court overturned that order in 2010, allowing Duke Energy to restart the units.[55]
In Sep. 2011, Duke Energy said it is considering shutting down several of the six units at Wabash River Station, in expectation of impending coal regulations.[55]
Cliffside
Duke used half of its $4.8 billion ratepayer-funded "modernization" program in North Carolina (approved in 2009) to add a new 800MW coal-fired unit at its Cliffside coal station.[56]
Edwardsport
In July 2009, Duke filed a proposal for a carbon dioxide storage project with the Indiana Utility Regulatory Commission. Duke would invest over $120 million to store a portion of the CO2 emissions from its proposed Edwardsport Plant in Knox County, Indiana. The three-year project would attempt to store emissions in saline aquifers and in depleted oil and gas fields.
The experiment would result in an average 1 percent rate increase for customers between 2010 and 2013. The company is also applying for a federal grant to cover about half of the project's costs. If the project is successful, Duke will apply to capture and store the emissions on a permanent basis.[57]
Emissions
Carbon dioxide
Duke Energy accounted for 3.4% of all US electricity sector carbon dioxide (CO2) emissions in 2011.[58]
Sulfur dioxide
Duke?s sulfur dioxide emissions, when considering plant fuel efficiency, were 30% above the national average in 2011.[59]
Death and disease attributable to fine particle pollution from Duke Energy coal plants
In 2010, Abt Associates issued a study commissioned by the Clean Air Task Force, a nonprofit research and advocacy organization, quantifying the deaths and other health effects attributable to fine particle pollution from coal-fired power plants.[60] Fine particle pollution consists of a complex mixture of soot, heavy metals, sulfur dioxide, and nitrogen oxides. Among these particles, the most dangerous are those less than 2.5 microns in diameter, which are so tiny that they can evade the lung's natural defenses, enter the bloodstream, and be transported to vital organs. Impacts are especially severe among the elderly, children, and those with respiratory disease. The study found that over 13,000 deaths and tens of thousands of cases of chronic bronchitis, acute bronchitis, asthma, congestive heart failure, acute myocardial infarction, dysrhythmia, ischemic heart disease, chronic lung disease, and pneumonia each year are attributable to fine particle pollution from U.S. coal plant emissions. These deaths and illnesses are major examples of coal's external costs, i.e. uncompensated harms inflicted upon the public at large. Low-income and minority populations are disproportionately impacted as well, due to the tendency of companies to avoid locating power plants upwind of affluent communities. To monetize the health impact of fine particle pollution from each coal plant, Abt assigned a value of $7,300,000 to each 2010 mortality, based on a range of government and private studies. Valuations of illnesses ranged from $52 for an asthma episode to $440,000 for a case of chronic bronchitis.[61]
Table 1: Death and disease attributable to fine particle pollution from Duke coal plants
| Type of Impact | Annual Incidence | Valuation |
|---|
| Deaths | 951 | $6.94 billion |
| Heart attacks | 1,447 | $158.1 million |
| Asthma attacks | 15,714 | $817.1 million |
| Hospital admissions | 696 | $16.2 million |
| Chronic bronchitis | 579 | $257.2 million |
| Asthma ER visits | 912 | $0.33 million |
Source: "Health Impacts - annual - of Existing Plants," Clean Air Task Force Excel worksheet, available under "Data Annex" at "Death and Disease from Power Plants," Clean Air Task Force. Note: This data includes the following plants owned by Duke Energy and subsidiaries Cincinnati Gas & Electric and PSI Energy: Beckjord, Miami Fort, East Bend, W.H. Zimmer, G.G. Allen; Buck, Cliffside, Dan River, Riverbend, W.S. Lee, Marshall, Belews Creek, Gibson, Wabash River, Cayuga, and Gallagher.
Citizen action
Nov. 15, 2007: Student blockade of Duke Energy headquarters
On November 15, 2007, two Warren Wilson College students - dressed as polar bears - chained themselves to the door of Duke Energy's headquarters in Charlotte, North Carolina, in protest of Duke's plans to build the Cliffside coal-fired power plant in western North Carolina. Several dozen people held a rally in support of their blockade, dressing as Santa Claus and elves and presenting a stocking full of coal to the company. The two students were arrested on charges of trespassing and disorderly conduct.[62][63]
April 1, 2008: Rising Tide/Earth First! occupation of Cliffside construction site
On April 1, 2008, as part of the Fossil Fools International Day of Action, a group of North Carolina activists with Rising Tide and Earth First! locked themselves to bulldozers to prevent the construction of the Cliffside coal-fired power plant proposed by Duke in western North Carolina. Others roped off the site with "Global Warming Crime Scene" tape, and held banners protesting the construction of the plant. Police used pain compliance holds and tasers to force the activists to unlock themselves from the construction equipment. Eight people were arrested.[64][65]
April 20, 2009: Hundreds protest in Charlotte, N.C. against Duke's proposed Cliffside plant
Hundreds of people marched and rallied against Cliffside in Charlotte, N.C. The demonstration was organized by more than a dozen environmental, faith-based, and social justice groups, which are calling on Duke and the state of North Carolina to cancel construction of the Cliffside plant. The plant, if built, would release 6 million tons of carbon dioxide into the atmosphere each year, and would use coal extracted through mountaintop removal. 44 activists were arrested.[66]
To see video of this protest, see Stop Cliffside
May 7, 2009: Activists protest Cliffside Plant at Duke Energy shareholder meeting in Charlotte, NC
Activists dominated Duke Energy's annual shareholder meeting in Charlotte, NC. About 25 protesters gathered outside the company's headquarters, calling for Duke to cancel its proposed Cliffside Plant. Inside the meeting, activists who own shares of the company grilled CEO Jim Rogers about the company's coal and nuclear investments.[67]
November 30, 2009: Activists block delivery of generator to Cliffside coal plant in Greenville, SC
Two protesters locked themselves to a 1.5 million pound generator being delivered to the Cliffside Plant in North Carolina. The activists vowed to prevent the generator from reaching the plant. Protesters also displayed a large banner reading "Stop Cliffside" from the top of the generator. More than 20 activists attended the protest; four were arrested. The action was organized by Asheville Rising Tide and Croatan Earth First! as part of a national day of action with dozens of protests planned around the U.S.[68]
May 5, 2011: Duke Energy shareholder meeting faces protests in Charlotte, NC
About 50 demonstrators from N.C. Waste Awareness and Reduction Network protested Duke Energy continued use of mountaintop removal coal at the company's shareholders meeting. The protests included street theater of a state "legislator" taking money from utility customers in chains. Another group of conservative protesters waved "Fire Jim Rogers" signs in opposition to the Duke CEO's attempt to bring the Democratic National Convention to Charlotte in 2012. Rogers later said that Duke had also tried to bring Republican conventions to the city.[69]
June 28, 2011: NC WARN warns of Duke's nuclear plans
North Carolina Waste Awareness and Reduction Network says the public is paying the price to advance an under-regulated industry that impedes other more efficient energy sources. [70]
Aug 12, 2011: EDF, N.C. sustainable energy biomass appeal
A state court ruled against the Environmental Defense Fund and the NC Sustainable Energy Association in appealing Duke's use of whole trees as "biomass" energy. The groups said that harvesting whole trees for fuel, instead of wood scraps and logging debris, would lead to environmentally damaging clear cutting. [71]
May 3, 2012: Activists block shipment of mountaintop removal coal
On May 3, activists protested mountaintop removal mining by locking themselves to train tracks, preventing coal train loads from entering Duke Energy's Marshall coal plant in North Carolina. The activists, affiliated with RAMPS, Katuah Earth First!, Greenpeace and Mountain Keepers said they would not leave until Duke agreed to end its use of mountaintop removal coal operations. The power burned in Marshall is used to power Apple's iCloud data center.[72]
Coal waste
EPA releases list of 44 "high hazard" coal ash dumps
In response to demands from environmentalists as well as Senator Barbara Boxer (D-California), chair of the Senate Committee on the Environment and Public Works, the EPA made public a list of 44 "high hazard potential" coal waste dumps. The rating applies to sites at which a dam failure would most likely cause loss of human life, but does not include an assessment of the likelihood of such an event. Duke owns 10 of the sites, all of which are located in North Carolina.[73]
The following table is derived from EPA's official list of Coal Combustion Residue (CCR) Surface Impoundments with High Hazard Potential Ratings. To see the full list of sites, see Coal waste.[74]
| Facility Name | Unit Name | Location |
|---|
| G.G. Allen Steam Plant | Active Ash Pond | Belmont, NC |
|---|
| Belews Creek Steam Station | Active Ash Pond | Walnut Cove, NC |
|---|
| Buck Steam Station | New Primary Pond | Spencer, NC |
|---|
| Buck Steam Station | Secondary Pond | Spencer, NC |
|---|
| Buck Steam Station | Primary Pond | Spencer, NC |
|---|
| Dan River Steam Station | Secondary Pond | Eden, NC |
|---|
| Dan River Steam Station | Primary Pond | Eden, NC |
|---|
| Marshall Steam Station | Active Ash Pond | Terrell, NC |
|---|
| Riverbend Steam Station | Secondary Pond | Mount Holly, NC |
|---|
| Riverbend Steam Station | Primary Pond | Mount Holly, NC |
|---|
Study shows Duke's N.C. coal ash ponds are contaminating groundwater
In October 2009, Appalachian Voices released an analysis of monitoring data from coal waste ponds at 13 coal plants in North Carolina. The study revealed that all of them are contaminating ground water with toxic pollutants, in some cases with over 350 times the allowable levels according to state standards. The contaminants include the toxic metals arsenic, cadmium, chromium, and lead, which can cause cancer and neurological disorders. The study was based on data submitted by Duke and Progress Energy to state regulators. The North Carolina Department of Environment and Natural Resources is attempting to confirm the results before determining whether current state law can mandate corrective action.[75]
"High Hazard" Surface Impoundments at Duke Dan River waste sites
Two of Duke's Dan River Steam Station's coal ash surface impoundments - Dan River Steam Station Primary Pond and Dan River Steam Station Secondary Pond - are on the EPA's official June 2009 list of Coal Combustion Residue (CCR) Surface Impoundments with High Hazard Potential Ratings. The rating applies to sites at which a dam failure would most likely cause loss of human life, but does not assess of the likelihood of such an event.[76]
Coal Ash Waste and Water Contamination at Dan River
In August 2010 a study released by the Environmental Integrity Project, the Sierra Club and Earthjustice reported that North Carolina, along with 34 states, had significant groundwater contamination from coal ash that is not currently regulated by the Environmental Protection Agency (EPA). The report, in an attempt to pressure the EPA to regulate coal ash, noted that most states do not monitor drinking water contamination levels near waste disposal sites.[77] The report mentioned Duke's Dan River Steam Station as having groundwater contamination due to coal ash waste.[78]
Study finds dangerous level of hexavalent chromium at Dan River coal waste site
A report released by EarthJustice and the Sierra Club in early February 2011 stated that there are many health threats associated with a toxic cancer-causing chemical found in coal ash waste called hexavalent chromium. The report specifically cited 29 sites in 17 states where the contamination was found. The information was gathered from existing EPA data on coal ash and included locations in Alabama, Arkansas, Delaware, Florida, Illinois, Indiana, Minnesota, Massachusetts, North Carolina, North Dakota, Nevada, Ohio, Oklahoma, Pennsylvania, Tennessee, Virgina and Wisconsin. In North Carolina, the Dan River Steam Station in Eden, the Asheville Plant in Asheville and the Cape Fear Steam Plant in Montcure all were reported as having high levels of chromium seeping into groundwater.[79]
According to the report, hexavalent chromium (Cr(VI)) was reported at the Dan River unlined landfill and pond coal waste site above 61 ppb (parts per billion) - 3,050 times the proposed California drinking water goals and 22% above the North Carolina drinking water standard.[79]
As a press release about the report read:
-
- Hexavalent chromium first made headlines after Erin Brockovich sued Pacific Gas & Electric because of poisoned drinking water from hexavalent chromium. Now new information indicates that the chemical has readily leaked from coal ash sites across the U.S. This is likely the tip of the iceberg because most coal ash dump sites are not adequately monitored.[80]
According to the report, the electric power industry is the leading source of chromium and chromium compounds released into the environment, representing 24 percent of releases by all industries in 2009.[79]
Groups report coal waste leaks at Allen and Riverbend
In November 2012 the Catawba Riverkeeper Foundation informed state and federal environmental regulators they discovered four seepage points from coal ash ponds, one from Duke's Allen Steam Station into Lake Wylie and three into Mountain Island Lake from Duke's Riverbend Steam Station. Lake Wylie provides drinking water for York County and Belmont, while Mountain Island Lake provides drinking water for Mecklenburg County.[81]
Rate Hikes
Duke proposes rate increases to cover higher cost of coal
In March 2009, Duke Energy Carolinas proposed a 5 percent increase on its power charges in North Carolina, to compensate the company for higher coal prices. The fuel-charge increase is separate from an upcoming Duke proposal for a general rate hike. The company estimates that the average customer bill would increase from approximately $87 per month to about $91 per month. Similar increases will be proposed in South Carolina in summer 2009.[82]
Duke proposes rate increases to cover costs of expanding Cliffside plant
In September 2009, the North Carolina Utilities Commission held a public hearing on Duke's proposed rate increase of 12.6 percent for its North Carolina customers. Duke says the increases are necessary to recoup $4.8 billion in capital spending, which includes the amount spent to date on the Cliffside expansion. The utility commission's Public Staff, which represents utility customers, is opposed to the increase, describing it as unjustified. About two dozen people spoke at the hearing, most of whom were residents opposed to the rate hike and to the new Cliffside plant. The commission is scheduled to begin hearing expert testimony on Duke's rate hike request ion October 19.[83]
On July 1, 2011, Duke proposed a 15 percent rate increase, to go into effect in February of 2011, to cover costs of the Cliffside coal-fired power plant in North Carolina, along with a new natural gas-fired power plant at the Buck facility in Rowan County, North Carolina, and a new hydroelectric powerhouse at the Bridgewater facility in Burke County, North Carolina. [84][85] Public hearings on the rate hike on October 12 filled a Charlotte NC hearing room. Many people protested the impact of higher rates, while others insisted that Duke wants more money for the wrong reasons: to build nuclear power plants and continue burning fossil fuels. [86] Greenpeace, Rainforest Action Network, Carolinas Clean Air Coalition, and NC WARN were among organizations with Charlotte chapters that were active in preparing for the hearing.[87]
Duke Ohio to switch from regulated utility rates to market rates by 2012
In November 2010, Duke Energy applied to convert its regulated utility rates to market rates in stages starting in 2012, with fully market-based rates by the middle of 2014. As part of that proposal, Duke planned to transfer all its Ohio power plants out of the utility into an unregulated affiliate. The move is designed to compete with Ohio's mix of regulated and unregulated power producers. Ohio does not require departing customers from regulated companies to pay any fee for transferring, as do many states, to compensate regulated utilities for power plants they built on the expectation of continued demand.[88]
Rate hikes driven by rising fuel costs
An analysis by the NC Sustainable Energy Association shows that residential electricity rate increases proposed by Duke Energy and Progress Energy, and/or approved by the NC Utilities Commission over the past decade, were driven by rising fuel costs for conventional power generation rather than by investments in and purchase of renewable energy and energy efficiency. [89]
Environmental Record
Coal ash
In October 2012 four environmental groups asked North Carolina?s Environmental Management Commission for a ruling to make Duke Energy clean up groundwater contamination found near the company's coal ash ponds at 14 coal-fired power plants. The power plants include Duke?s Riverbend and Allen plants on the Catawba River west of Charlotte, and its Marshall plant on Lake Norman. State officials say contamination has been found at all 14 plants, and that they are working to trace its sources.[90]
Power lines
In August 2010, Duke Energy hired a contractor to spray herbicide to protect its power lines along the the Shopton Road intersection out of Charlotte on N.C. 49, leading to stunted, dead pine trees. Duke Energy spokesman Jason Walls said the company performs regular maintenance on all
Source: http://www.sourcewatch.org/index.php?title=Talk:Duke_Energy&diff=605203&oldid=605138
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