Supreme Court of North Carolina

State ex rel. N.C. Utils. Comm'n v. Carolina Indus. Grp. for Fair Util. Rates II

May 22, 2026

Summary

The court upheld the Commission’s approval of Duke Energy Progress’s and Duke Energy Carolinas’s performance-based rate plans in the portions shown. It held that the Commission properly interpreted the governing statute, reasonably approved a 10% interclass-subsidy reduction, allowed estimated electric-vehicle charging revenues to be excluded from decoupling mechanisms, approved projected capital projects, and discontinued equal-percentage fuel-cost allocation. The court also held that a challenge to a transmission-cost-allocation stipulation was waived because it was not preserved before the Commission.