Duke Calls On Court To Dismiss $6.8M State Fine Over Dan River Spill

"Duke Energy has appealed the state’s $6.8 million fine involving the Dan River coal ash spill, calling the action “entirely arbitrary and capricious” and requesting “dismissal of the ... civil penalty in its entirety.”

“Clearly, our company is accountable for the Dan River incident, and we recognize the state’s right to issue an appropriate penalty in a situation like this,” Duke says in a prepared statement. “This appeal requests that Duke Energy be treated in a manner that is fair and consistent with the law and other North Carolina companies.”

The Department of Environmental Quality, which imposed the fine, defends its action.

“The state is holding Duke Energy accountable so that it and others understand there are consequences to breaking the law," says DEQ Secretary Donald van der Vaart. "We are moving forward with enforcement actions against Duke Energy for not complying with environmental laws that protect North Carolina’s environment from catastrophes like the Dan River spill.”"

John Downey reports for the Charlotte Business Journal March 9, 2016.