Two environmental groups have asked the state Court of Appeals to remove a major financial hurdle in their fight to halt Duke Energy's plans for a new gas-fired power plant in Asheville.
The N.C. Utilities Commission approved the $1 billion plant in February, over the objections of the groups NC WARN and The Climate Times. They later announced plans to appeal the approval.
But regulators ordered the groups to put up a $10 million bond to compensate Duke for any delays during an appeal. Duke had asked that the bond be set at $50 million.
The two groups say the $10 million bond requirement prevents them from appealing, calling it "padlocking the courthouse door." So they've asked the N.C. Court of Appeals to overturn it.
NC WARN and The Climate Times say they oppose the Asheville plant because it will use natural gas derived in part by fracking. They also say it's not needed.