Posts Tagged ‘Politics’

Well, that was quick

Thursday, January 15th, 2015 - posted by thom
Rep. David Vitter

Sen. David Vitter

The new U.S. Senate couldn’t even make it one week before introducing a horrible bill. The 114th Congress began on January 6, and Sen. David Vitter (R-LA) only managed to restrain himself 24 whole hours before introducing legislation to weaken the Clean Water Act.

Sen. Vitter’s bill, S.54, would limit the Environmental Protection Agency’s ability to veto permits for mountaintop removal valley fills. It is our view that valley fills—in which the dirt and rock from blasting the tops off the mountains are dumped into streams and valleys—should not even exist. We’ve got the science to back that up. But Vitter and other coal industry allies in Congress want the fills to continue to be permitted, and want them regulated exclusively by the Army Corps of Engineers, completely removing the EPA from the process.

These coal industry advocates want the Corps in charge not because they think the agency has the same level of water quality expertise as the EPA, but because the Corps does not have the same expertise, and is therefore more likely to just hand out permits that pollute our water.

The big difference between this Congress and last Congress is that bills like S.54 have a chance at passing the Senate. Vitter’s bill is virtually identical to multiple bills that have been introduced in the past, but they didn’t get committee hearings, and never even came up for votes. This year, they probably will.

Thanks to years of hard work by Appalachian Voices and our coalition partners, we have champions in the Senate who will work to stop these dangerous bills from becoming law. Senate Republicans established a precedent over the past eight years that all bills need 60 votes to pass, and the coal industry will have a very difficult time finding 60 senators to vote for more mountaintop removal mining pollution. But we will have a fight on our hands.

President Obama is also expected to use his veto power to stop the worst bills from becoming law. We hope not to depend on vetoes, but if we can’t stop something bad from passing the Senate, the President is our backstop.

Our greatest hope for the next two years is that the White House takes advantage of its veto power and doesn’t let the threat of coal industry bills to prevent strong actions to stop mountaintop removal. Because there’s a lot left to do, and not a lot of time in which to do it.

Fighting Mountaintop Removal During the Obama Years

Friday, December 26th, 2014 - posted by molly

Fighting Mountaintop Removal During the Obama Years

Friday, December 19th, 2014 - posted by allison

It’s Still Happening

Editorial by Thom Kay, Appalachian Voices Legislative Associate

In 2009, after President Obama took office, there was a great deal of optimism among Appalachian Voices and our allies. New agency heads and White House spokespersons parroted the talking point that “the administration will do what the science calls for.” In Appalachia, the science calls for an end to mountaintop removal coal mining.

It’s been nearly six years since the Obama administration took over. In that time, together with those who have been directly impacted by mountaintop removal, Appalachian Voices staff has met with the U.S. Environmental Protection Agency, the Department of Interior, the Army Corps of Engineers, the White House Council on Environmental Quality, and the Office of Surface Mining, Reclamation and Enforcement more times than we can count. On top of that, our supporters have sent tens of thousands of letters to these agencies.

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KY_mine_2010

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A series of Google Earth images of Magoffin County, Ky., shows the growth of the Right Oakley Surface Mine operated by Licking River Mining, LLC. The images are from June 2008, June 2010 and October 2013, which is the most recent date available.

So what has all of that gotten us? The administration has fallen woefully short of what we had hoped. Of all of the ways to gauge success, one simple question sits atop the list: is mountaintop removal coal mining still happening in Appalachia? Sadly, the answer is “Yes.”

I don’t want to be unfair to the people in these agencies who have worked tirelessly to limit the pollution from mountaintop removal. Indeed, they have done far more to curtail the destructive mining practice than either the Clinton or Bush administrations. While that’s a low bar, they have made significant changes, and there is less mountaintop removal mining today then there was between 2002 and 2008. Part of that is due to market forces, and part of that is due to the actions of the Obama administration. These actions, however, have not been enough.

There is only one sufficient solution to the problem of mountaintop removal, and that is total abolishment. Anything short of that is a failure. At first glance, this may sound extreme, and even unreasonable. But there is never a time when it is okay to blow up a mountain, dump the waste into valleys, and put the health of local communities at risk by filling their air and water with dangerous chemicals, heavy metals and particulate matter. There is a right and wrong way to do many things, but there is no right way to do mountaintop removal coal mining.

The Obama administration should allow the science around mountaintop removal to drive their policy making. Regrettably, they have chosen politics and public perception as their top priorities. They want people to think they are moderate and reasonable, and they are willing to sacrifice good policy in order to maintain that appearance.

When I have met with administration officials, they seem to believe they have done enough work on mountaintop removal. They have taken steps to limit the amount of mines, valley fills and overall pollution. But modest steps are not good enough for us, and they are not good enough for communities in Appalachia who continue to live with the nightmare of mountaintop removal.

Since the beginning of the administration’s first term in 2009, Appalachian Voices has advocated for them to stop issuing any permits for mountaintop removal mines. Instead of refusing all permits associated with mountaintop removal mining, they have chosen to issue permits for mines and valley fills. The Obama administration has issued fewer permits than its predecessors, but permits have been issued nevertheless.

Our next goal was for the EPA and the Army Corps to work together to change the definition of the term “fill material” in the Clean Water Act to exclude mining waste, which would eliminate the use of valley fills, and, thus, eliminate the biggest mines in Appalachia. From the first meeting we had with them, the White House has refused to change the definition of “fill material.” While we pushed at the beginning of the president’s first term, it soon became clear that they would never even consider taking action.

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Members of the Alliance for Appalachia rally outside the Environmental Protection Agency’s headquarters in Washington, D.C. in 2013. During the citizen lobby week, members of The Alliance, which is comprised of 15 organizations including Appalachian Voices, met with representatives of the EPA, Army Corps of Engineers, and Office of Surface Mining, Reclamation and Enforcement.

Right from the start, we were met with disappointment, but there still are alternative paths forward. There are several things the administration can do between now and the end of Obama’s term in January of 2017. In order to make long-lasting changes that benefit Appalachia, the EPA, OSMRE, Army Corps and DOI will all need to be involved, and it will take White House leadership to make that happen.

Since 2009, OSMRE has been developing a much-needed Stream Protection Rule. A draft is not expected to be released until the middle of 2015, so the precise contents of the rule are unknown. What we do know is that the rule will regulate surface coal mining in or near streams, and would replace an outdated 1983 rule. It has the potential to be the most important action the administration takes to curtail mountaintop removal, if they choose to include strong safeguards against mining waste polluting Appalachian streams.

Politics will of course play a big role in the final version of the Stream Protection Rule. Coal industry allies in Congress have already put enormous pressure on OSMRE and Department Director Joe Pizarchik. The U.S. House of Representatives passed a bill in spring of 2014 that would prohibit OSMRE from completing the rule-making process. While that effort has been blocked from moving forward in the Senate by Majority Leader Harry Reid (D-NV), next Congress will be different, as Sen. Mitch McConnell (R-KY), an ardent ally of the coal industry, is expected to take over as majority leader. It’s almost certain we will have a fight on our hands in the Senate at some point next year.

The administration’s next opportunity is for the EPA to create a water quality standard for conductivity. For years, the EPA has known that conductivity, a measure of the amount of dissolved solids in water, is a critical indicator of stream health. Based on the best science, mountaintop removal mining results in conductivity levels elevated beyond what is healthy for streams, and a science-based water quality standard for conductivity would result in violations for practically all mountaintop removal mines.

A rule-making can take years, and at this point the current EPA may have already blown their opportunity to do a full water quality standard for conductivity. With the knowledge that mountaintop removal mines result in unhealthy conductivity levels for nearby streams, the EPA should, at the very least, refuse to issue permits for new mines.

The EPA also has an opportunity to create a federal standard for selenium pollution. Selenium bioaccumulates within fish, birds and reptiles, where it causes serious deformities, reproductive failure and death.

Grassroots Progress Report

The agency is currently considering a new selenium standard, but their latest proposal for a standard is convoluted, unenforceable, and may take away one of our most reliable tools in fighting water pollution from mountaintop removal. Instead of relying on regulators to handle monitoring for the thousands of cases of water pollution from mountaintop removal — a task they have repeatedly proven incapable of doing — citizens need to be able to monitor water in their own communities. Together with community members, we have been able to do that monitoring, but rules that make such monitoring more difficult are a huge step backward. EPA needs to implement a protective selenium standard that is enforceable by citizens and regulators alike.

The coal industry will continue doing everything in their power to prevent strong conductivity and selenium standards. Most industry resistance has been in the courts, but in several congressional hearings over the past few years, members of Congress have spewed coal company talking points in an attempt to put political pressure on the administration. The industry and their allies in Congress will continue to push back against effective safeguards. They will use every dollar and every trick they have to maintain their grip on the region. And they will do everything they can to hold off the day Appalachia can move past mountaintop removal.

It’s true, the Obama administration has taken steps to limit the pollution from mountaintop removal. But mountaintop removal coal mining is still happening, and that is unacceptable. If the White House fully commits over the next two years, they can make huge changes that will benefit Appalachia for generations. If they continue to take half measures, however, it will be an enormous opportunity lost.

Appalachia’s Environmental Votetracker: Dec.-Jan. 2014 issue

Friday, December 19th, 2014 - posted by molly

Double-click to enlarge

Click to enlarge

Hey North Carolina, New York just banned fracking

Wednesday, December 17th, 2014 - posted by brian
Before rushing into fracking, North Carolina could learn something from New York, which just announced it would ban the practice, citing health concerns and uncertain economic prospects.

Before rushing into fracking, North Carolina should look to New York, which just announced it would ban the practice, citing health concerns and uncertain economic prospects. Photo by Daniel Foster/Creative Commons.

New York’s debate over whether or not to allow fracking came to a close today when Gov. Andrew Cuomo sided with the state’s top public health and environmental officials in calling for a ban on the practice.

The governor’s end-of-year cabinet hearing, where the announcement was made, looked like so many other meetings that often end in disappointment. But this one was exceptional for inserting some much-needed truth into the fracking fight that could, just maybe, help other states come to their senses.

During the portion of the meeting on fracking, Joseph Martens, the commissioner of the New York Department of Environmental Conservation, set the stage during a 10-minute presentation that pretty much served as a debunking of the best arguments for fracking. It was clear that Martens had done his homework before concluding that fracking should not be done anywhere in New York.

Just in terms of practicality, Martens told Cuomo and his fellow cabinet members, more than 63 percent of the Marcellus Shale deposits in New York would be off limits under state rules and local zoning. On top of that, dozens of New York towns — most famously the upstate town Dryden — have already approved their own bans on fracking and took their case before the state’s highest court, which ruled in their favor earlier this year.

Following the court’s decision in June, Dryden Town Supervisor Mary Ann Sumne told the New York Times, “I hope our victory serves as an inspiration to people in Pennsylvania, Ohio, Texas, Colorado, New Mexico, Florida, North Carolina, California and elsewhere who are also trying to do what’s right for their own communities.”

Despite the fact that North Carolina’s law prohibits local ordinances that “directly or indirectly” restrict oil and gas drilling operations, towns across the state have approved ordinances or resolutions to discourage or prevent fracking in their limits.

According to Martens, the prospects for fracking in New York are “uncertain at best.” The same could be said of North Carolina, where supporters’ visions of economic grandeur don’t always follow the limitations of the state’s geology.

Martens’ rundown was refreshing for this North Carolinian — it was also a reminder of the disregard and misplaced priorities of many pushing to bring fracking to my beloved state. But New York’s acting health commissioner, Dr. Howard Zucker, who spoke next, might truly be the voice of reason we’re missing in North Carolina.

Zucker, with a stack of reports on fracking’s health impacts in other states piled behind him, said he would not allow his family to drink tap water in an area where fracking took place. The point hit home with Cuomo, who said if Zucker believes fracking could put his children in harm’s way, then no child living in New York should be put in that position.

If no child in New York should be put at risk of contaminated water and the other threats that come with fracking, neither should North Carolina’s kids, nor those living in areas already ravaged by poorly regulated drilling.

Former New York Gov. David Paterson first imposed the state’s moratorium in 2008 while the state Department of Environmental Conservation studied fracking in the years leading up to today’s decision. North Carolina Gov. Pat McCrory and the state General Assembly, on the other hand, have rushed headlong toward fracking while requiring surprisingly little study for a state with no experience regulating it. Drilling could begin in North Carolina as early as this spring.

The latest fumble related to fracking in North Carolina came today too. Just as New York announced its ban, controversial fracking regulations in North Carolina sailed through final review against the recommendations of the Rules Review Commission’s staff attorney, who said Mining and Energy Commission staff emailed her 100 rules that were riddled with errors at 2 a.m. on the day of the deadline.

Mary Maclean Asbill, a senior attorney for the Southern Environmental Law Center, who attended the review told the News & Observer the latest misstep is basically par for the course at this point.

“All of the issues just highlighted how rushed the whole process was,” she said.

What will Obama’s legacy be on mountaintop removal?

Wednesday, December 3rd, 2014 - posted by thom
After six years of the Obama presidency, mountaintop removal is still putting communities are at risk, leading many to wonder what his environmental legacy will be.

After six years of the Obama presidency, mountaintop removal continues to put Appalachian communities at risk, leading many to wonder what his legacy on the issue will be.

The Obama administration has taken steps to limit mountaintop removal coal mining pollution in Appalachia. The president and agency officials have also made quite a few promises. But mountaintop removal continues, so what have they actually done?

The Alliance for Appalachia, a coalition of groups including Appalachian Voices, just released a Grassroots Progress Report examining the administration’s successes and shortfalls in dealing with mountaintop removal. There have been successes, to be sure, but as the report clearly demonstrates, there have been many failures.

Large scale surface coal mining is still a huge problem in Central Appalachia. Although the pace has slowed due to the declining coal economy, many new permits are issued every year. In 2013 Virginia issued 9 new surface mining permits and 2 acreage expansions, West Virginia issued 25 new permits, and Kentucky issued 30. Only Tennessee issued no new permits. - Grassroots Progress Report

The report covers not only the scale of ongoing mining, but paints a clear picture of the costs that mountaintop removal continues to have on Appalachian communities. The poor economic outcomes and human health problems associated with mountaintop removal have not improved over the past six years. These issues are closely linked, and neither can improve without action from the White House.

The White House has already made commitments. A 2009 Memorandum of Understanding, signed by all of the relevant regulatory agencies, outlined a series of actions the administration was prepared to take to deal with mountaintop removal. The Alliance report goes through those commitments one by one, pointing out the shortcomings of the actions taken, and the failure of the administration to take further, stronger actions.

The report is not simply a list of grievances, however. There are four policy recommendations as well.

1) a Selenium Standard to ensure that citizens maintain the ability to test for selenium pollution in their own water,
2) a strong Conductivity Rule based on scientific research US EPA has already conducted because we, and our federal agencies, know that high conductivity can be a key measure of dangerous water,
3) a Stream Protection Rule that preserves a strong stream buffer zone requirement so that mining waste can no longer be dumped into our streams, and
4) a strong Minefill Rule to address the currently unregulated dumping of coal burning waste into abandoned mine sites.

If you’re interested in what the Obama administration has and has not done in dealing with mountaintop removal coal mining in Appalachia, take a moment to read the one-page summary or the full report.

DENR deserves an environmental leader to replace John Skvarla

Tuesday, December 2nd, 2014 - posted by brian
John Skvarla, the embattled secretary of DENR, is leaving the agency to lead the state Commerce Department.

John Skvarla, the embattled secretary of DENR, is leaving the agency to lead the state Commerce Department.

After a tumultuous two years as secretary of the Department of Environment and Natural Resources, John Skvarla is stepping over to lead the state’s Commerce Department. Skvarla will replace Secretary of Commerce Sharon Decker, who is leaving her post to join a digital media company.

Environmental groups, concerned citizens and prominent media outlets have been critical of Skvarla throughout his tenure, and unsurprisingly so — he has expressed doubt over whether oil is a non-renewable resource claiming, “There is a lot of different scientific opinion on that,” and he questions the overwhelming scientific consensus on climate change.

After assuming his position, Skvarla rewrote DENR’s mission statement to be in the service of industries in North Carolina. Under his watch, information related to climate change was removed from the agency’s website, and the department was reorganized and reduced to nearly inept levels.

READ MORE: DENR found critics and praise under Skvarla

By any measure, Skvarla is committed to being business-friendly. Responding to an op-ed by Appalachian Voices’ Amy Adams in the News & Observer last December, he called DENR a “customer-friendly juggernaut.” But many saw Skvarla as being too cozy with companies like Duke Energy. A federal grand jury is still investigating ties between DENR and the company responsible for the Dan River coal ash spill.

While this announcement should engender optimism in the North Carolina environmental community, that hopefulness is tempered by trepidation over who will take over the position, and concern that he could be replaced by an even more extreme and environmentally detrimental successor.

There is no word on who will replace Skvarla yet, but Gov. McCrory says he is interviewing candidates and plans to appoint a new secretary later this month. Here’s to hoping he or she is the environmental leader DENR deserves and North Carolina desperately needs.

A statement from Appalachian Voices North Carolina Campaign Coordinator Amy Adams:

John Skvarla ushered in an era of regressive environmental policies and procedures that placed industry over the needs of the environment and people. It is our sincere hope that his departure from DENR will allow the return of accountability and reason to the agency.

Gov. McCrory must choose a leader who will balance real environmental protection and industry growth without the wholesale abandonment of either. The goal of the new DENR secretary should be to restore the mission and integrity of the department by prioritizing environmental protection.

We look forward to working with someone who will reconsider Skvarla’s industry-first approach, which repeatedly put North Carolina’s natural resources as risk as exemplified by the handling of Duke Energy’s coal ash contamination.

Be cool and keep fighting

Wednesday, November 5th, 2014 - posted by thom
After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

For the next couple of weeks, you’ll have a hard time turning on the TV or going online without seeing reactions to the midterm elections. Most pundits will analyze what happened, and some will try to tell you what it means.

Here’s what it really means: maybe not that much.

To put things in historical perspective, let’s take a moment to look back at some very recent elections and their outcomes.

2008: Democrats take the White House and a supermajority in both the House and Senate! They proceed to pass climate legislation, stop mountaintop removal coal mining, usher in a new age of clean energy take a few moderate steps toward reducing the amount of permits issued for mountaintop removal coal mining.

2010: Republican wave! The GOP takes the House by a wide margin and nearly takes the Senate. They proceed to remove EPA’s ability to regulate carbon pollution and then expedite all mountaintop removal permits create a fuss while federal agencies continue to take moderate steps towards limiting coal pollution.

2012: Democrats keep the White House, and improve their numbers in both the House and Senate! They proceed to make permanent changes to coal mining and coal ash regulations while stopping global warming in its tracks make no headway on coal mining regulations, allow mountaintop removal mines to be permitted, and take only moderate steps on coal ash regulation and carbon emissions.

We don’t know what the future holds, but considering what happened yesterday there are a few things that we can be pretty sure of moving forward.

The politics of Virginia and Tennessee are not much different today than they were yesterday. No major incumbent lost their race, and the election’s outcomes gives us no reason to believe federal office holders from either state will change their behavior going forward. Appalachian Voices, for one, is happy to continue to work with members from both states and both parties.

West Virginia and Kentucky are still in Big Coal’s stranglehold. But like coal itself, the industry’s power is finite. We can’t say how soon the politics of coal will change in Central Appalachia, but we will continue to work with our allies in those states to change the conversation. For now, members of the two states’ delegations will continue to vote the way they have for years.

After 30 years as an advocate for coal miners and the coal industry alike, Rep. Nick Rahall lost to his Republican challenger, Evan Jenkins, in the race for West Virginia’s 3rd district. Rahall was the senior Democratic member and had a firm grasp on the House Transportation and Infrastructure Committee, which has jurisdiction over the Clean Water Act. His replacement in that role will likely be someone who opposes mountaintop removal coal mining. For that, we can be all be happy.

North Carolina’s Senate election was a bit of a surprise. Though, aside from Democrat Kay Hagan being replaced by Thom Tillis, the rest of delegation is unchanged.

Appalachian Voices has worked hard to build relationships with members of Congress and their staffs in both the House and the Senate. But we have known for a long time that getting comprehensive legislation through Congress is not a good short-term goal.

The White House, on the other hand, is armed with the science and has the legal authority and moral obligation to take on mountaintop removal, coal ash pollution, climate change and other threats. President Obama was never going to be able to rely on Congress to act on those issues. So from that perspective, nothing has changed.

It’s okay to be excited about a candidate you like winning an election. It’s okay to be bummed when a candidate you like loses. But it’s not okay to get so caught up in it all that you forget the big picture.

As we see it, the job before us has not changed. Our responsibilities to Appalachia, and yours, are the same today as they were yesterday and will be tomorrow.

We will keep fighting for a better future for Appalachia, and push every decision-maker, regardless of their political leanings, to stand with us. We will fight to end to mountaintop removal and for a just economic transition away from fossil fuels. We will fight because no one else is going to do it for us, and we will need you there by our side.

North Carolinians speak out against fracking: Are elected officials listening?

Monday, October 20th, 2014 - posted by Sarah Kellogg
Dave Rogers of Environment North Carolina and Hope Taylor of Clean Water for North Carolina lead the procession to the governor’s office.

Dave Rogers of Environment North Carolina and Hope Taylor of Clean Water for North Carolina lead the procession to the governor’s office.

More than two dozen environmental and social justice groups came together recently to hand deliver 59,500 petition signatures to North Carolina Governor Pat McCrory, calling on him and other elected officials to reinstate the ban on hydraulic fracturing and horizontal drilling for natural gas in the state.

Groups of the Frack Free N.C. Alliance, which include environmental organizations, environmental justice groups and grassroots organizations, have been working diligently all across the state to educate citizens about the potential impacts of fracking and encourage them to get involved. The nearly 60,000 petition signatures are a testament to the strong opposition to fracking throughout North Carolina.

Despite a forecast of rain, the organizations and supporters gathered at the governor’s office last Tuesday to rally and hold a press conference before hand delivering the petitions to McCrory’s staff (the governor, unsurprisingly, was unavailable to receive the petitions). Supporters held anti-fracking signs, images of North Carolina’s unique landscape, and art created by citizens portraying the dangers of fracking and the value of clean water.

The speakers came from all across the state, and included Kathy Rigsbee from Yadkin-Davie Against Fracking, an every-day citizen and mother turned activist, Hope Taylor, director of Clean Water for N.C., the founding organization of the Frack Free Alliance, and Luke Crawford from EnvironmentaLEE, a grassroots organization in Lee County, home to the largest deposits of natural gas in the state.

Sarah Kellogg, Appalachian Voices' North Carolina field organizer, speaks to the crowd about the amazing contribution of westerners to the petition and the anti-fracking movement.

Sarah Kellogg, Appalachian Voices’ North Carolina field organizer, speaks to the crowd about the amazing contribution of westerners to the petition and the anti-fracking movement.

I was honored to speak on behalf of the numerous grassroots organizations from western North Carolina that contributed significantly to the petition and the anti-fracking movement sweeping across the state. Those organizations include the Coalition Against Fracking in western N.C., Frack Free Madison County, and community groups from Swain and Jackson counties.

As the sun came out, we began carrying boxes of the signed petitions into the governor’s office. As the petitions were passed from person to person and on into the building, elementary students on a field trip joined us in chanting “Frack Free N.C.!”

Governor McCrory has yet to acknowledge the concerns of the 59,500 signees on the petition, though it is clear that opposition to fracking across North Carolina has grown as more citizens learn about the risks associated with the practice.

In August and September, 1,800 North Carolinians attended Mining and Energy Commission hearings on the proposed rules to regulate fracking. The overwhelming majority of commenters opposed fracking. The MEC reports that they received between 100,000-200,000 additional written comments addressing the rules and that the majority suggested the rules be strengthened. According to Commissioner Jim Womack, about half the comments were statements opposing fracking. Womack told reporters that those “didn’t really count.” Clearly, thousands of North Carolinians oppose fracking, the question is, are our elected officials listening to us?

The organizations and citizen groups of Frack Free N.C. promise to continue fighting to protect North Carolina’s air, water, communities, property values and way of life from the dangers of fracking.

Corporate windfall lets N.C. utilities charge customers under outdated tax rate

Thursday, October 16th, 2014 - posted by brian
A recent decision by the N.C. Utilities Commission allows Duke Energy and other public utilities to boost profits by charging customers under a corporate tax rate that the state legislature cut last year. Photo: The Duke Energy Center in Charlotte, N.C.

A recent decision by the N.C. Utilities Commission allows Duke Energy and other public utilities to boost profits by charging customers under a corporate tax rate that the state legislature cut last year. Photo: The Duke Energy Center in Charlotte, N.C.

The North Carolina Utilities Commission is tasked with regulating public utilities operating in the state and the rates they charge for services that millions of North Carolinians use every day.

So it’s no surprise that a decision by a majority (4-3) of the seven-member commission to allow Duke Energy and other utilities to charge customers using an outdated, and inflated, corporate tax rate is rankling their dissenting colleagues, government watchdogs and N.C. Attorney General Roy Cooper.

As The Charlotte Observer reports, the commission (somehow) decided that even though the legislature cut North Carolina’s corporate income tax rate from 6.9 percent to 5 percent last year, utilities can continue charging customers at 6.9 percent and pocket the difference.

In their dissent, three Democratic commissioners called the decision a corporate windfall that “allows the utilities to charge ratepayers in perpetuity to collect for taxes that the utilities no longer pay.” Yeah, it’s messed up.

The rate individual utilities, including electric, gas and water companies, are able to charge their customers could change the next time they seek rate adjustments. But even then, the dissenting commissioners warned, ratepayers will never be refunded the over-collected funds; the utilities have simply been afforded an unearned gain at the expense of North Carolina ratepayers.”

This is all pretty scary for several reasons. Most importantly, perhaps, is the fundamental disagreement between commissioners on the issue of “single-issue ratemaking,” or when and how adjustments in tax structures should influence the amount utility customers see on their bills.

Although Republican commissioners said they sympathized with the points made by the dissenting commissioners, they claimed that the “doctrine against single-issue ratemaking in full force in this state, designed to prevent changes to utility rates outside general rate cases, should be adhered to except in limited, closely circumscribed situations.”

“The insubstantial and immaterial changes at issue in this docket do not fit within the exception,” Republican commissioners wrote. “The limitations should be preserved to prevent single-issue ratemaking in the future when tax rates increase in insubstantial and immaterial ways.” No word on who decides what constitutes substantial and material changes, or why this shouldn’t be considered a limited, closely circumscribed situation.

But maybe they’re right. After all, Duke spokeswoman Lisa Parrish told The Charlotte Observer that, if Duke decides to stop sharing the tax savings with its ratepayers, its customers would only see a 17 cent increase on their monthly bill. Progress customers would pay 9 cents more each month.

Overall, the charges could help Duke Energy, Duke-Progress, Dominion North Carolina and PSNC Energy bring in around $21 million more a year.

That’s not so bad, right? Just ignore that you’re paying extra for a corporate tax rate that no longer exists. Parrish of Duke Energy also said that a little bump in North Carolinians’ electric bills wouldn’t really hurt them because it would go toward operating expenses or it could be spent on programs with broad community benefits. Hopefully they remember that when a real discussion about how to address the state’s coal ash problem comes up.

Another thing: You also may remember that HB 998, the bill that lowered corporate taxes in North Carolina, did much more than cut taxes for big corporations. It also more than doubled sales taxes on electricity from 3 percent to 7 percent. The commission approved a rate increase related to that change back in May, and over the summer, monthly bills of Duke customers increased by around 50 cents. Last I heard, the company isn’t sharing that burden with its customers.

Meanwhile, for three consecutive quarters, Duke has received a larger rate of return and rate of equity, the profit a company generates with shareholders’ money, than authorized by state regulators, in this case, the utilities commission. The Charlotte Business Journal reported that it is the first time since 2003 that the utility has significantly exceeded the returns set by the commission.

Finally, it’s understandable that the vast majority of the commission’s activities are not scrutinized the way major decisions, such as the 5.1 percent rate increase it granted Duke Energy last year or the merger between Duke and Progress Energy that the commission approved the year before, have been. But in this case, the commission used its discretion to not include Attorney General Roy Cooper, a Democrat expected to run for governor in 2016, or the Public Staff, which represents the interest of consumers on issues before the commission.

Now Cooper says he plans to appeal the decision to the North Carolina Court of Appeals, and the Public Staff are weighing an appeal.

Oh, and the eventual decision of whether Duke will be allowed to saddle its ratepayers with the cost of cleaning up its leaky, polluting coal ash ponds across the state — that quagmire will land in the commission’s lap too.

This isn’t just about about the pennies added to our monthly electric bills — even though those pennies are piling up and becoming dollars — and, as the dissenting commissioners wrote, for families struggling to pay their utility bills, “every cent counts.”

It’s bigger than that. It’s about the commission adhering to the first tenet of its mission statement: to provide just and reasonable rates and charges for public utility services.