Choose State Change Location

Motion to Intervene in U.S. Supreme Court Case

On Nov. 30, 2007, Duke Energy filed a motion to intervene in the U.S. Supreme Court case -- South Carolina vs North Carolina for an equitable apportionment of the Catawba River. Duke filed to be part of the case for a number of reasons including the ability to protect its rights as a Federal Energy Regulatory licensee and to defend the Comprehensive Relicensing Agreement – interests that are unique and not represented by either state. By being part of the case, Duke can protect substantial interests in the flow of the Catawba River in both North Carolina and South Carolina.

Duke’s current FERC license expires in 2008 and the Comprehensive Relicensing Agreement and Low Inflow Protocol were filed in August 2006 as part of the new license application. Duke Energy, along with 70 other groups, worked for three years to develop the Comprehensive Relicensing Agreement (CRA) and Low Inflow Protocol for the Catawba-Wateree River basin which will manage flow releases under a new Federal Energy Regulatory license. The CRA significantly increases flow rates during times of normal rainfall and times of drought when compared to the current license.

In addition, Duke Energy is in a unique position to assist in the case through its 100 years of experience with the river – its facilities, operation and water use.