Discussions surrounding Duke Energy’s plans to build new power plants and meet the state’s climate goal continued in Raleigh on Wednesday — though the decision will ultimately be made without a key member.
Utilities Commissioner Donald van der Vaart had previously been absent from the proceedings, prompting objections to his continued participation in the hearings.
“If he attends only a portion of the hearing, he will still be allowed to participate in the decision-making of this matter unless a party objects,” William Brawley, chairman of the North Carolina Utilities Commission, said last Tuesday, when the multiday hearing began.
Six intervenors immediately objected, including clean energy, business and consumer advocates. Duke Energy and other companies filed statements agreeing that all commissioners who plan to rule on the final order should be present, but they did not outright object to van der Vaart’s continued participation.
Brawley confirmed this morning that van der Vaart would not be weighing in on the final Carbon Plan decision.
“The way the commission rules are written, it's not a decision the commission makes,” Brawley said. “The commissioner is allowed to participate in the decision-making if none of the parties object. There were objections. It only requires one, so commissioner van der Vaart will not be participating in the decision-making.”
Van der Vaart had opposed expanding new energy resources, including solar farms, in favor of extending Duke’s coal-fired power plant operations.
“In order to rule on one of the most complex dockets in the state, Commissioners must be present for hearings,” Will Scott, with the Environmental Defense Fund, said in a written statement. “That’s a win for the state’s ratepayers who depend on the Utilities Commission to be a watchdog at a time Duke Energy is proposing massive capital investments.”