DOCKET NO. E-100, SUB 157. NOW COMES NC WARN Inc. ("NC WARN"), by and through undersigned

Similar documents
NOW COMES Sierra Club, by and through undersigned counsel, pursuant to

STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. M-100, SUB 150 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION

July 11, Via Hand Delivery. Lora W. Johnson, CMC Clerk of Council Room 1E09, City Hall 1300 Perdido Street New Orleans, LA 70112

Intervenor-Respondent. Contested Case Hearing in the above-identified consolidated cases (the "Consolidated Appeals").

NORTH CAROLINA COURT OF APPEALS *****************************************

3. Retirement of Certain Coal-Fired Generating Units. DEC and PEC will retire coal-fired electrical generating units ( EGUs ), as follows:

North Carolina Utilities Commission s Implementation of H.B. 589

mew Doc 667 Filed 06/07/17 Entered 06/07/17 16:45:24 Main Document Pg 1 of 4

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. Southern California Edison Company ) Docket No.

BEFORE THE ARKANSAS PUBLIC SERVICE COMMISSION

INSTRUCTIONS TO RESPONDENT

In re: ) ) NOTICE OF CHARGES Cindy H. Sirois, M.D., ) AND ALLEGATIONS ) NOTICE OF HEARING Respondent. )

ADMINISTRATIVE HEARINGS COUNTY OF CARTERET 17 EHR 01564

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION ) )

ORAL ARGUMENT NOT YET SCHEDULED UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Pursuant to North Carolina General Statutes 150B-23(d) and Rule 24 ofthe North

- 1 - DISTRICT 29A NORTH CAROLINA COURT OF APPEALS ***************************************** ) ) ) ) ) ) ) ) ) ) )

No IN THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

BEFORE THE NORTH CAROLINA MEDICAL BOARD

IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT ) ) ) ) ) ) ) ) ) ) No

15-20-CV FOR THE SECOND CIRCUIT. ALLCO FINANCE LIMITED Plaintiff-Appellant

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI. SAMUEL M. BROTHERS and LORA BROTHERS

NORTH CAROLINA COURT OF APPEALS *************************************** STATE OF NORTH CAROLINA ) ) v. ) From Wilkes ) AMANDA LEA ROSE )

12 CVS. Scenic NC, Inc., ) Plaintiff ) ) ) North Carolina Department of MOTION FOR TEMPORARY RESTRAINING ORDER. ) Transportation, ) Defendant )

ORIGINAL RECEIVED 2 Z015 ) ) ) ) ) ) PETITION FOR ) REVIEW ) ) ) No DEC FOR THE DISTRICT OF COLUMBIA C

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS ENERGY FACILITY SITING BOARD

BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION : : : : : : : : : : : : : : : : : : : : : : : COMMENTS OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION

IN THE COURT OF COMMON PLEAS, CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION INSTRUCTIONS: PETITION FOR MODIFICATION OF A CUSTODY ORDER

Enclosed, for electric filing, is Application of Midwest Energy Cooperative in the abovereferenced

Survey on EPA Carbon Regulations in 9 Key 2014 Senate Battleground States

THE SUPREME COURT OF NORTH CAROLINA **************************************************

October 21, 2005 RE: APPLICATION /INVESTIGATION

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. No. 3:75-CR-26-F No. 5:06-CV-24-F

In the Supreme Court of the United States

SUMNER SQUARE 1615 M STREET, N.W. SUITE 400 WASHINGTON, D.C (202) FACSIMILE: (202) July 30,2008

PETITION FOR CERTIFICATE OF REHABILITATION AND PARDON [Pursuant to Penal Code and ]

1411 Virginia Street, East ww.shumanlaw.cam 1445 Stewartstown Koad, Suite 200 Suite 200

CERTIFICATE OF INCORPORATION OF RENEWABLE ENERGY AND EFFICIENCY BUSINESS ASSOCIATION, INC. (A Connecticut Nonstock Corporation)

STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION

) ) ) ) ) ) ) ) ) ) ) ) ) NOW COMES Respondents Cody T. McCain ( McCain ), Henry Colvin Jr. ( Colvin )

Energy Issues & North Carolina Voters. March 14 th, 2017

~

PlainSite. Legal Document

July 28, Please do not hesitate to call if you have any questions in regard to the enclosed. Very truly yours, /s/ James William Litsey

ORAL ARGUMENT HEARD ON SEPTEMBER 27, No and Consolidated Cases

BEFORE THE STATE CORPORATION COMMISSION OF THE ST A TE OF KANSAS

BEFORE THE OIL AND GAS CONSERVATION COMMISSION OF THE STATE OF COLORADO ) ) ) ) ) ) ) ) APPLICATION

ADMINISTRATIVE HEARINGS COUNTY OF PENDER 13 DHR 09422

THE STATE OF NEW HAMPSHIRE BEFORE THE PUBLIC UTILITIES COMMISSION NORTHERN UTILITIES, INC. Petition for Approval of

MOTION FOR TELEPHONE TESTIMONY OF W. SCOTT ROCKEFELLER WITH REQUEST FOR EXPEDITED RULING

BEFORE THE STATE CORPORATION COMMISSION OF THE ST A TE OF KANSAS

COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION. No. 5:10-CT-3123-BO ) ) ) ) ) ) ) ) )

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION

DISTRICT COURT, LARIMER COUNTY, COLORADO. 201 La Porte Avenue, Suite 100 Fort Collins, CO Phone: (970) Plaintiff:

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C FORM 8-K

BEFORE THE NEW MEXICO PUBLIC REGULATION COMMISSION NOTICE. 1. Pursuant to NMSA 1978, , and Commission Rule

CONSENT JUDGMENT. THIS CAUSE came on before the undersigned Judge for entry of a Consent Judgment

Case 2:15-cr SVW Document 173 Filed 03/31/17 Page 1 of 61 Page ID #:2023

BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON

USCA Case # Document # Filed: 10/23/2015 Page 1 of Constitution Avenue,

IN THE SUPERIOR COURT OF COUNTY STATE OF GEORGIA., ) ) Plaintiff, ) ) v. ) Civil Action No. ) ), ) ) Defendant. )

STATE OF MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PUBLIC SERVICE COMMISSION

ANSWER AND COUNTERCLAIM

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS ENERGY FACILITY SITING BOARD

MOTIONS BY ALL HVJT DEFENDANTS

SUBDIVISION IMPROVEMENTS MAINTENANCE GUARANTEE AGREEMENT

October 4, 2005 RE: APPLICATION /INVESTIGATION

ORAL ARGUMENT NOT YET SCHEDULED IN NO ORAL ARGUMENT HELD SEPTEMBER 27, 2016 IN NO

BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON UM 1208 ) ) ) ) ) ) ) Pursuant to ORS and OAR , the Industrial Customers

IN THE SUPREME COURT OF THE UNITED STATES

IN THE ARKANSAS SUPREME COURT MARK MARTIN, SECRETARY OF STATE INTERVENORS FIRST AMENDED CROSS-CLAIM

IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION WAKE COUNTY 14 CVS 13934

Second Amended and Restated Joint Powers Agreement. Relating to and Creating the. Sonoma Clean Power Authority. By and Among

HOW TO FILE AN ARD EXPUNGEMENT

UNITED STATES OF AMERICA U.S. NUCLEAR REGULATORY COMMISSION

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION ) ) )

Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA

WAIVER OF APPOINTMENT OF GUARDIAN AD LITEM. I,, the Respondent in. give up my right to have this Court appoint a Guardian Ad Litem

STATE OF RHODE TSLAND AND PROVIDENCE PLANTATIONS PUBLIC UTILITIES COMMISSION

MARGARET DICKSON, et al., ) Plaintiffs ) ) v. ) 11 CVS ) ROBERT RUCHO, et al., ) Defendants )

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

BEFORE THE PUBLIC UTILITY COMMISSION OF OREGON UE 219 ) ) ) ) ) ) Pursuant to ORS and OAR , the Industrial Customers

Case 3:17-cv Document 1 Filed 05/16/17 Page 1 of 66 UNITED STATES DISTRICT COURT STATE OF CONNECTICUT, COMPLAINT

In re: ) ) NOTICE OF CHARGES Edward Kabar, P.A. ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent. )

Environmental Questionnaire

Public Service Commission of West Virginia

Marin Energy Authority - Joint Powers Agreement -

State your full name, social security number, date of birth, residence address, and telephone number.

) ) ) ) ) ) ) ) ) ) ) ) NOW COMES Plaintiff LegalZoom.Com, Inc., pursuant to Rule 3.3 of the

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

130 FERC 61,051 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION ORDER APPROVING RELIABILITY STANDARD. (Issued January 21, 2010)

!" #$ % # $ ##!# & '((!) * % ( * % '+ ( ((* % ,-- (- (. ) * % '(. ). * % () ) ( / &0#!!0 &102!

Petitioner, FINAL DECISION

BEFORE THE NORTH CAROLINA MEDICAL BOARD. In re: ) ) NOTICE OF CHARGES Werner Scott Haddon, M.D. ) AND ALLEGATIONS; ) NOTICE OF HEARING Respondent.

/ o i ' "" Plaintiff, ) ) MOTION TO COMPEL vs. )

ORAL ARGUMENT SCHEDULED FOR MAY 8, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

mew Doc 3804 Filed 08/30/18 Entered 08/30/18 15:11:04 Main Document Pg 1 of 2

COMPLAINT (Jury Trial Demanded)

Transcription:

STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. E-100, SUB 157 In the Matter of ) 2018 Biennial Integrated Resource Plans ) and Related 2018 REPS Compliance ) ~~ ) MOTION FOR EVIDENTIARY HEARING NOW COMES NC WARN Inc. ("NC WARN"), by and through undersigned counsel, pursuant to North Carolina Utilities Commission ("Commission") Rule R8-60(k), and moves the Commission to hold an evidentiary hearing in the above-mentioned docket on the issues stated in paragraph 8 below. In support of this motion, NC WARN shows as follows: 1. Commission Rule R8-60 requires that Duke Energy Carolinas, LLC ("DEC") and Duke Energy Progress, LLC ("DEP") (collectively, the "Companies" or "Duke Energy") provide to the Commission a biennial Integrated Resource Plan ("IRP") report in even-numbered years. The biennial report must contain the detailed information described in Commission Rule R8-60(i). In odd-numbered years, the Companies provide an annual report which updates the Companies' most recent biennial report. 2. This being an even-numbered year, the Companies filed their biennial IRP reports on September 5, 2018. NC WARN's Petition to Intervene in this docket was granted by the Commission on July 12, 2018. 3. The Commission has the discretion to convene an evidentiary hearing during any biennial IRP docket. Pursuant to Commission Rule R8-60(k), "[t]he Public {00569887.DOCX}

Staff or any intervenor may identify any issue that it believes should be the subject of an evidentiary hearing.... A hearing to address issues raised by the Public Staff or other intervenors maybe scheduled at the discretion of the Commission." 4. Evidentiary hearings on IRP reports used to be commonplace. For example, an evidentiary hearing was held during the 2005 IRP proceeding (Docket No. E-100, Sub 103) and the 2007 IRP proceeding (Docket No. E-100, Sub 114). Upon information and belief, no evidentiary hearing has been held since the 2007 IRP proceeding. 5. This year, the need for an evidentiary hearing on the Companies' IRP reports is greater than ever. As this Commission is aware, the Intergovernmental Panel on Climate Change ("IPCC"), which is a committee established by the United Nations, issued a report on October 8, 2018. That report concluded that, if greenhouse gas emissions continue at the present rate, the atmosphere will warm by approximately 2.7 degrees Fahrenheit above preindustrial levels by 2040. coastlines, intensify droughts, and cause other damages. Such warming would ruin To prevent the disastrous consequences of climate change, the IPCC concluded that greenhouse pollution must be reduced by forty-five percent (45%) from 2010 levels by 2030, and one-hundred percent (100%) by 2050. Furthermore, the IPCC concluded that the use of coal as an electricity source must decrease to between one and seven percent (1%-7%) by 2050. Hence, the IPCC recommended that renewable energy such as solar and wind should increase to as much as sixty-seven percent (67%) by 2050. (A full copy of the IPCC report is available ru~~-2:!...!~~~~~~~:...::::.!_ {00569887.DOCX} 2

6. Therefore, the Companies' resource management will have both immediate and long-term impacts upon the environment. Any proceeding before the Commission must take account of these environmental issues. N.C. Gen. Stat. 62-2(a)(5) (the Public Utilities Act states that, "It is hereby declared to be the policy of the State of North Carolina:... To encourage and promote harmony between public utilities, their users and the environment..."). 7. NC WARN plans to submit evidence in this docket that, in addition to promoting environmental health, renewable energy supported by battery storage is more cost-effective and reliable than gas-fired electricity generation and, therefore, additional resources of the Companies should be dedicated to renewables and battery storage. While many other utilities, and state and local governments, are already transitioning to renewables co-located with storage, Duke Energy seems locked in the 20th Century as it proposes to add nearly 10,000 MW of generation from fracked gas - a leading contributor to climate change in the critical short term - while treating battery storage as appropriate only for pilot scale projects. 8. All of the following issues bear upon whether the Companies' IRP reports are adequate to protect the environment yet simultaneously achieve a least cost integrated resource planning: a. The validity of the Companies' load forecasting; b. The validity of the Companies' reserve margin; c. The potential opportunities for cost-effective energy efficiency and conservation measures; d. The potential opportunities for cost-effective renewable energy, including but not limited to battery storage, solar, and wind; {00569887.DOCX} 3

e. The degree to which utility programs can effectively reduce consumption; and, f. The validity and appropriateness of the Companies' projected energy mix over the planning horizon. 9. Given the fact that it has been many years since an evidentiary hearing has been held on the Companies' IRP reports; given the urgency of the climate crisis; and given the central role that the Companies' resource planning plays upon the climate crisis, NC WARN respectfully requests that the Commission convene an evidentiary hearing in this docket on the issues stated in the immediately preceding paragraph. WHEREFORE, for the reasons set forth above, NC WARN respectfully moves the Commission to schedule an evidentiary hearing in the above-mentioned docket on the issues stated in paragraph 8 of this motion. Respectfully submitted, this the 8th day of November, 2018. Kristen Wills Staff Attorney NC WARN Post Office Box 61051 Durham, North Carolina 27715-1051 919-416-5077 (telephone) Matthew D. Qui N.C. State Bar No. 40004 LEWIS & ROBERTS, PLLC 3700 Glenwood Avenue, Suite 410 (27612) P.O. Box 17529 Raleigh, NC 27619 919-981-0191 (telephone) mdq<idlewis-roberts.com Counsel for NC WARN {00569887.DOCX} 4

CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing Motion for Evidentiary Hearing has been duly served upon all persons on the Commission's docket service list by either depositing a true and exact copy of same in a depository of the United States Postal Service, first-class postage prepaid, and/or by electronic delivery. This the 8th day of November, 2018. {00569887.DOCX} 5