Calling a proposed $25.1-million state fine for coal-ash-induced ground- water contamination at a retired coal plant near Wilmington, N.C., "unprecedented" and "improper," Duke Energy on April 9 filed an appeal aimed at dismissing the Dept. of Environment and Natural Resources' proposed penalty. The fine is not related to the 2014 coal-ash spill at the utility's Dan River powerplant near Eden, N.C.
In its appeal, Duke called the levy "an extreme example of [an] improper civil penalty" and alleged that the DENR "acted in violation of North Carolina law" in calculating the historic state fine.