On March 29, 2018, Cube Yadkin Generation, LLC (Cube) filed a complaint, request for declaratory ruling, and request for arbitration against Duke Energy Progress, LLC and Duke Energy Carolinas, LLC (jointly, Duke).
Cube is the owner of three hydroelectric facilities located on the Yadkin River that are qualifying facilities pursuant to the Public Utility Regulatory Policies Act of 1978. Therefore, Cube is entitled to sell the electric output of the facilities to Duke under terms established in the Commission’s biennial avoided cost proceedings.
On July 16, 2018, the Commission issued an order granting Duke’s motion to dismiss Cube’s complaint. In that order the Commission denied Cube’s request for a declaratory ruling that it had established a legally enforceable obligation prior to November 15, 2016, with respect to the three facilities, which would have entitled Cube to a negotiated contract for the sale of their electric output at a rate based on the methodology approved in the avoided cost order in Docket No. E-100 Sub 140. That denial was due to Cube’s failure to transmit the required Notice of Commitment Form to Duke. The Commission also denied Cube’s request to waive the requirement to use the Notice of Commitment Form.
Cube subsequently filed an appeal from the Commission’s July 16, 2018 order. On December 17, 2019, the North Carolina Court of Appeals affirmed the Commission’s decision in part, reversed it in part, and remanded back to the Commission for further proceedings the question of whether Cube should be granted a waiver of the Notice of Commitment Form requirement.
On May 28, 2020, the Commission issued an order agreeing with Cube that it should have the opportunity to present additional evidence at a hearing. The public is welcome to observe the hearing that is now scheduled for March 3, 2021, 10:00 a.m., but there will be no opportunity for public witness testimony.