MOUNTAIN ENERGY ACT OF 2015 (NEW).

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View NCGA Bill Details2015-2016 Session
Senate Bill 716 (Public) Filed Wednesday, May 20, 2015
AN ACT TO: (1) DIRECT THE NORTH CAROLINA UTILITIES COMMISSION TO RENDER AN EXPEDITED DECISION, UNDER CERTAIN CONDITIONS, ON AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR AN APPLICANT TO CONSTRUCT A GENERATING FACILITY THAT USES NATURAL GAS AS THE PRIMARY FUEL AND (2) MODIFY CERTAIN REQUIREMENTS UNDER THE COAL ASH MANAGEMENT ACT OF 2014 FOR COAL ASH SURFACE IMPOUNDMENTS LOCATED ON SITES AT WHICH ALL COAL-FIRED GENERATING UNITS PRESENT ON THOSE SITES WILL PERMANENTLY CEASE OPERATIONS BY JANUARY 31, 2020.
Intro. by Apodaca.

Status: Ch. SL 2015-110 (Senate Action) (Jun 24 2015)

SOG comments (1):

Short title change

Senate committee substitute to the 1st edition amends the act's short title. The previous short title was: STUDY ENERGY GENERATION/TRANSMISSION.

S 716/S.L. 2015-110

Bill Summaries:

  • Summary date: Jun 29 2015 - View Summary

    AN ACT TO: (1) DIRECT THE NORTH CAROLINA UTILITIES COMMISSION TO RENDER AN EXPEDITED DECISION, UNDER CERTAIN CONDITIONS, ON AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR AN APPLICANT TO CONSTRUCT A GENERATING FACILITY THAT USES NATURAL GAS AS THE PRIMARY FUEL AND (2) MODIFY CERTAIN REQUIREMENTS UNDER THE COAL ASH MANAGEMENT ACT OF 2014 FOR COAL ASH SURFACE IMPOUNDMENTS LOCATED ON SITES AT WHICH ALL COAL-FIRED GENERATING UNITS PRESENT ON THOSE SITES WILL PERMANENTLY CEASE OPERATIONS BY JANUARY 31, 2020. Enacted June 24, 2015. Effective June 24, 2015, except as otherwise provided.


  • Summary date: Jun 10 2015 - View Summary

    House committee substitute makes the following changes to the 2nd edition.

    Adds requirements concerning the expedited decision for an application to construct a generating facility that uses natural gas as the primary fuel on site at the Asheville Steam Electric Generating Plant, directing public utilities to provide written notice to the NC Utilities Commission of the date intended to file an application for such a generating facility no less than 30 days prior to the submission of the application. Also requires the Commission to hold a public hearing on the above application and requires the applicant to publish a notice of the hearing in a newspaper of general circulation in Buncombe County. 


  • Summary date: May 21 2015 - View Summary

    Senate committee substitute makes the following changes to the 1st edition.

    Amends the short title.


  • Summary date: May 20 2015 - View Summary

    Directs the NC Utilities Commission (Commission) to provide an expedited decision concerning an application to construct a generating facility that uses natural gas as the primary fuel. Requires the public utility to submit an estimate of the costs of construction with as much detail as required by the Commission. Requires the Commission to render its decision on such application within 45 days of the date of application if: (1) the application is for a generating facility to be constructed on site at the Asheville Steam Electric Generating Plant, (2) the public utility will cease operations of all coal-fired generating units on or before the commercial operation of the new facility, and (3) the new natural gas-fired facility has no more than twice the generation capacity as the coal-fired units to be retired. States that GS 62-82(a), concerning notice and hearing requirements, does not apply.

    Amends Section 3(b) of SL 2014-122 concerning the closure of high priority coal combustion residuals surface impoundments (impoundment), providing that the impoundment located at the Asheville Steam Electric Generating Plant must be closed as soon as practicable but no later than August 1, 2022 (was, no later than August 1, 2019). Makes technical changes. Provides that the requirements of GS 130A-309.210(c) - (f), concerning the prohibition of the discharge of stormwater into impoundments and the required conversion to the disposal of "dry" fly or bottom ash do not apply to impoundments and electric generating facilities at the Asheville Steam Electric Generating Plant. Effective August 1, 2016, if on or before that date the Commission has issued a certificate of public convenience and necessity to Duke Energy Progress for a new natural gas-fired generating facility as specified above, based on notice that Duke Energy Progress will permanently cease operations of all coal-fired generating units at the Asheville Steam Electric Generating Plant no later than January 31, 2020.