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Withholding clean energy resources could increase energy bills during increased demand.
CHAPEL HILL, N.C. — The Southern Environmental Law Center filed a motion for preliminary injunction today in Wake County Superior Court and challenged the N.C. Utilities Commission’s order halting North Carolina’s 2026 solar and storage procurement process as unconstitutional.
At a time of escalating energy costs and demand, the 2026 solar procurement would improve affordability and reliability for North Carolinians who buy electricity from Duke Energy if allowed to go forward. The sudden order from the state utility commission violates not just the statutes governing the utilities commission, but also, as a result, the state’s constitutional guarantees of due process and access to court review. Without taking evidence, holding a hearing, or even receiving public comments, the order not only halts regulated monopoly Duke Energy from taking further action to procure solar and energy storage, but effectively cancels it because the delay will make the procurement impossible.
“The state utilities commission issued an unconstitutional order that blocks low-cost, reliable, and homegrown solar and storage energy resources for North Carolinians,” said Nick Jimenez, a senior attorney at the Southern Environmental Law Center. “Keeping solar and battery energy off the grid will impact our energy costs over the long term, especially with the increasing demand from data centers and other large loads.”
