Duke Energy had years to display some corporate character

Published March 26, 2014

by Randy Turner, former DOT scientist, News and Observer, March 25, 2014.

A broken stormwater pipe recently caused a major discharge of coal ash into the Dan River at a Duke Energy plant in Eden, and another more recent discharge was reported from a coal-ash pond at a deactivated plant in Moncure. These events and the fact that coal ash ponds with their highly toxic contents have been sitting in unlined ponds on the banks of waterways in North Carolina for decades are symptoms of flawed decision-making by Duke Energy.

Where is the character in the Duke Energy leadership?

In all those years, someone at the top of the corporate ladder should have come to realize that Duke was playing with – well, arsenic, chromium and cadmium! These are just a few of the toxins that leach from coal ash when exposed to standing water.

It shouldn’t matter that state and federal regulatory guidance was absent or ineffective (federal rules on coal ash storage have been under development for a long time). It is fair to conclude that Duke Energy knew for many years the ponds were rife with toxic chemicals, which are hostile to aquatic life, wildlife and humans, not to mention the long-term implications to groundwater.

After the 2008 TVA spill, someone at the highest levels of Duke Energy should have demanded the company move off square one and get started immediately on remediation. A lot is known about the chemistry of coal ash residues, their behavior in standing water and their migration through soil and manufactured barriers. A sophisticated utility like Duke Energy has an army of scientists at its disposal in addition to unlimited professional consultants who could have developed adequate remediation protocols that could have been implemented to replace coal ash ponds.

A thousand reasons could be identified why Duke Energy should wait for the EPA to hand it an approved game plan, but any fool could have predicted it was only a matter of time before some major discharge took place. The risk analysis would have to have examined the severity of the consequences if such failures did occur. No responsible, big-time manager of a large corporation would have wanted to proceed another day without taking the bull by the horns. If waiting on the EPA was the excuse, shame on Duke Energy.

The notion that a company wouldn’t spend money correcting environmental sins of the past unless and until regulators demand it is irresponsible. What about the ill effects to state residents if appropriate remedial actions are not undertaken? Sadly, corporate decision-makers probably believed all along that the company would never have to pay the bill no matter what transpired, because they would simply pass the costs on to customers.

The costs of restoring contaminated streams – including clean-up and removal of the coal ash that coats the stream beds after a spill such as the one inot the Dan River – when added to the costs of a future, belated remediation of coal ash pond sites are significantly higher than the cost of remediation efforts alone.

Shame on Duke Energy for being so irresponsible for so many years.

M. Randall Turner of Reidsville is a scientist who formerly worked in NCDOT assessing the environmental effects of road projects.

March 26, 2014 at 10:36 am
Norm Kelly says:

'federal rules on coal ash storage have been under development for a long time'. So what? Big deal! Who cares. Why is this important?!?

Do Democrats constantly remind us that THEY are the ones who care about the environment? Do Democrats constantly remind us that THEY are the ones who care about protecting 'the people' from big, mean, careless business? Do Democrats constantly whine about how careless conservatives/Republicans are when it comes to the environment? Do Democrats constantly whine about how Republicans/conservatives care not a whit for 'the poor' and only look out for their buddies in business and the rich? I'd describe the Democrats differently, but 'whine' is the most descriptive, most accurate term to describe the average Democrat politician and voter. If there was action behind the whine, it might make a difference.

But that's not really my point. I'll always get in a good jab at whiners when I can and when it's true, though.

Why is it that we have to wait for the feds to do something about coal ash storage? Why can't NC make rules governing businesses in our state and how they affect us? Isn't this OUR state? Isn't Duke doing business in OUR state? Aren't these our lakes & streams that Duke is polluting? Then why, when the Demon party was in power for a full century, didn't the kindly, loving, non-discriminatory, environmentalist Demons DO SOMETHING about coal ash ponds? When was the last time a Demon-led NCGA or Governor proposed a plan to deal with coal ash ponds? Are DemocRATs truly interested in protecting the citizens? Are DemocRATs truly interested in protecting the environment? Or are Demons simply interested in having another campaign talking point? As a party, Demons talk a good line about budgets, taxes, job creation, the environment, education, kids, but what exactly do they do to HELP any of these topics?!? So far, for decades, the only thing Demons do with ANY and ALL of these topics is talk about them during campaigns.

Want an example? Take the Wake County School Board as a perfect example. When the Republicans took over they had a plan to give PARENTS some level of choice when it came time to enroll their kids in school. The Demons took over the Board (for some reason!) and they did 2 things immediately. First they disliked the superintendent hired by the Republican majority, so they terminated his contract and got rid of him. Because they disliked him; for no other reason than that they thought he wouldn't go along quietly with their plan to remove school choice. And they did this AT GREAT EXPENSE to the system. The second thing they did was start to remove school choice from parents, once again. They claimed they wanted to bring some level of certainty to families; those already living here as well as those moving to the area. You see, if the system decides where your kid will go to school, and that the school 1 mile from your house isn't the chosen one, then you shouldn't and don't have any say in the matter. The system knows what's best for your kid. You can't actually choose where to buy your house based on the school your kids will be sent to because the system could change it's mind at any point and move your kid to a school half way across the county because it fits THEIR needs best, not YOUR needs. As for the budget, did the Demons in charge care one whit that the system couldn't afford to terminate the superintendents' contract plus the cost of finding a new super, plus the cost of paying the new super at least as much as if not more than the super they were firing for no reason? Nope. It sure doesn't seem like they thought about the negative impact on the budget. It was simply in their best interest, as the Board, to have someone in place who would agree with them without argument. A puppet, you might say. Like Demons always like to play with; yes-men they are called in the private sector.

Back to Duke. Let's say Duke did decide to take the bull by the horns as this editorialist says they should have done. The EPA/central planners are theoretically working on a plan to deal with coal ash. If Duke implemented a plan, spent millions on remediation, then the EPA came out with it's rules. If Duke's steps didn't conform to the EPA's guidelines, what would have been the consequences? Remember this is the federal government, where they decide that if you don't follow their plans YOU are fined huge sums of money. Huge Sums of Money!!! So Duke spends millions trying to do the right thing. The EPA comes out with it's guidelines that say Duke has violated their rules. Duke is then fined for non-compliance. Duke then has to spend millions more trying to change direction in order to conform to the NEW EPA regulations. Regulations that WILL carry fines for non-compliance. Will the EPA give credit to Duke for having taken the bull by the horns? Extremely unlikely. These are the central planners after all, and they stay in business by making regulations and finding non-conformists who they can fine. Which is a better business decision? Wait for the EPA and hope there isn't a major disaster in the meantime. Or spend millions doing something to prevent a disaster, hoping that the central planners won't slap a huge fine on you. Based on how the Demons in power feel about both big business AND coal users, I'd go with waiting if it were my business. Is this an easy sell for the public relations group at Duke? No. But it's probably got some level of truth to it.