Southern Alliance for Clean Energy v. North Carolina Utilities Commission

Four nonprofit organizations filed a lawsuit in North Carolina Superior Court challenging the North Carolina Utilities Commission’s order directing Duke Energy defendants to stop activity in their annual procurement process for solar and storage resources until the Commission issues a final order in its current long-term integrated resources plan proceeding. The organizations alleged that Duke Energy had reduced its proposed solar and energy targets for 2026 to “far less” that what was required under the Commission’s 2024 final order governing long-term resource planning (the 2024 Carbon Plan Order). The complaint alleged that in the Commission’s order deferring Duke Energy’s solar and storage procurement, the Commission discussed Duke Energy’s rationale for the proposed lower targets, including the sunset of federal tax credits, increased costs for solar, and the elimination of North Carolina’s 2030 carbon-reduction deadline. The Commission’s deferral order stated that modification of an existing procurement target should be based on a Commission-approved Carbon Plan, which was not due until December 31, 2026. The plaintiff organizations asserted by the Commission’s order violated their right to due process under the North Carolina Constitution. They also asserted a violation of their right to access the courts.