The state Coal Ash Management Commission has quietly closed up shop, after Governor Pat McCrory won a battle with lawmakers over its legality. The news comes as the state seeks comments on proposed ratings for Duke Energy’s coal ash sites - something the commission was supposed to oversee.
The commission was created under the Coal Ash Management Act of 2014. Lawmakers passed the law six months after a major spill of coal ash at Duke Energy’s Dan River plant in Eden.
The act ordered Duke Energy to clean up coal ash from its 14 current and retired coal-burning plants. And it set up the 9-member commission to oversee the cleanups, in part because of distrust both of Duke and state regulators.
Gov. Pat McCrory challenged the commission in court, arguing that lawmakers shouldn’t appoint the majority of commissioners. The state Supreme Court agreed and that put the commission in limbo. This week, McCrory’s office told lawmakers the commission was out of business.
Representative Chuck McGrady of Hendersonville helped write the act and isn’t happy about the loss of oversight.
"The commission has been shut down, the contracts terminated, commissioners have been notified they don’t have a job. Staff released except for one administrative assistant. It’s pretty clear that the view of the administration is that DEQ will now manage this," he said.
The news didn’t surprise Frank Holleman of the Southern Environmental Law Center.
“This is just the latest chapter in the disarray of the way North Carolina’s government has dealt with the state’s coal ash crisis," Holleman said.
The governor’s office hasn’t spoken directly about the move, referring questions to DEQ. A spokesman there sent a statement that says the DEQ will continue to oversee cleanups:
The North Carolina Supreme Court made it clear that the commission is an unconstitutional body that cannot take any action. However, there will be absolutely no change in the Department of Environmental Quality's implementation of the Coal Ash Management Act, which is the first comprehensive law in the nation to deal with coal ash.
For better or for worse, the commission’s demise probably won’t affect how or when coal ash is actually cleaned up in North Carolina. Regulators say they’re working on new rules and deadlines. And Duke Energy said cleanups are underway.
"Duke Energy is focused on complying with the law and the rules that govern coal ash basin closure," Duke spokesman Jeff Brooks said. "We’re working to close basins in ways that put safety first, protect the environment, minimize impacts to communities and manage costs. And we’ve made a lot of great progress towards that goal, and that’s going to continue."
McGrady says he thinks oversight still is needed, and he hopes the General Assembly will consider creating a new commission. But that would need the backing of legislative leaders.
"The question is whether the leadership in the House and Senate want to go down that road, and if they do, how will the governor respond. It’s going to take some talks. The governor’s unilateral action will cause those talks to occur.”
Any action would have to wait until the General Assembly returns in late April.
Meanwhile, hearings are continuing around the state this month on DEQ’s proposed classifications of coal ash site risks. The next two are Tuesday - one in Salisbury about the Buck plant, and one at Gaston College, about the Allen Steam Station.
