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The state Court of Appeals has upheld the Utilities Commission’s approval of the Duke – Progress Energy merger in 2012, per an opinion released this morning.

Writing for the court, Judge Douglas McCullough said:

Where it is evident that the Commission considered the potential costs and risks of the merger and weighed them against the anticipated benefits, and where there is substantial evidence supporting the Commission’s findings and conclusions, we will not second guess the Commission’s determination that the merger is justified by the public convenience and necessity. Thus, we affirm the Commission’s approval of the merger in the merger order.

Policy Watch will have more on the decision later this morning.

Some giant corporations complain about and battle government. Others try to co-opt and corrupt it. In the case of Duke Energy, one gets the distinct impression that the ever-mushrooming Charlotte-based monopoly will simply absorb North Carolina state government at some point and turn it into its Raleigh branch.

Fortunately, some intrepid consumer advocates are still giving Duke heck for the heck it continually visits upon residential ratepayers and our ever-more-fragile natural environment. Here’s their press statement from earlier this week on the occasion of a public hearing in Charlotte (the actual Utilities Commission proceedings begin Monday July 8 here in Raleigh — be on the lookout for more information):

Broad Coalition of Ratepayers Calls for Rejection of Duke Energy Rate Hike
Rate case opposed for environmental, social justice and financial reasons

Charlotte, NC.  A broad coalition of organizations and dissatisfied ratepayers will gather this evening at the Mecklenburg County Courthouse to call on the North Carolina Utilities Commission to reject the proposed Duke Energy rate hike and a settlement proposed by the Commission’s Public Staff. The coalition’s opposition is based on environmental, social justice and financial reasons. Read More