It’s been a busy summer. Amidst the Carbon Plan and Integrated Resources Plan (CPIRP) and the Multiyear Rate Plan/Performance-Based Regulation Rate Cases ongoing before the North Carolina Utilities Commission (NCUC), the team at NCSEA has also been active in the 2026 Solar Resource Procurement (Docket No. E-2, Sub 1406 and Docket No. E-7, Sub 1356) proceeding.
As part of the NCUC’s Order Accepting Stipulation, Granting Partial Waiver Of Commission Rule R8-60a(D)(4), And Providing Further Direction For Future Planning, filed on November 1, 2024, in Docket No. E-100, Sub 190 (the “2024 CPIRP Order”), the Commission directed Duke Energy to take reasonable steps to procure an additional 3,460 MW of controllable solar generation and 1,100 MW of battery storage resources through the 2025 and 2026 procurement cycles. However, instead of procuring the remaining balance of solar and solar-paired-with-storage contemplated in the 2024 CPIRP Order after the 2025 procurement, Duke Energy proposed a significantly smaller procurement of about 770 MW in its 2026 Solar Resource Procurement Pre-Issuance Proposal. Duke Energy cited changing industry and policy conditions, including state and federal legislative changes, as justification for the lower target.
On April 23, 2026, prior to any stakeholder process being formally initiated, NCUC Chair Brawley issued an Order Deferring 2026 Resource Procurement (the “Deferral Order”). The Deferral Order directed Duke Energy to suspend all activity related to the 2026 Solar Procurement until the NCUC completed the ongoing 2025 CPIRP proceeding. With a narrow window of time to conduct the 2026 Solar Procurement this year and the fact that any order to a CPIRP proceeding is not required until December 31, 2026, NCSEA grew concerned the Deferral Order effectively cancelled the 2026 Solar Procurement.
Other parties, including the Carolinas Clean Energy Business Association (CCEBA) and the Southern Alliance for Clean Energy (SACE) shared that concern as they each filed a request for the reconsideration of the Deferral Order. On May 7, 2026, NCSEA filed a Petition to Intervene and on May 7, 2026, filed a letter in support of CCEBA’s Petition for Reconsideration and SACE’s Motion for Reconsideration.
On May 14, 2026, the NCUC issued an order that allowed groups to petition to intervene and file responses. Order Granting Petitions to Intervene and Requesting Responses. NCSEA filed a response in support of the petition and motion for reconsideration on May 22, 2026. NCSEA argued that the Deferral Order violated clearly enumerated processes for affected parties to have notice and the opportunity to be heard before the Commission altered the 2024 CPIRP Order. NCSEA also argued that delaying the 2026 Solar Procurement could undermine an established Commission-approved planning processes and created risks for maintaining a reliable, cost-effective electric system as North Carolina experiences continued load growth.
On August 3, 2026, counsel for CCEBA, SACE, NCSEA and the Carolina Industrial Group for Fair Utility Rates (CIGFUR) made oral arguments addressing the legality of the Deferral Order in front of the NCUC.
NCSEA reiterated that affected parties were not provided adequate notice and opportunity to be heard prior to the NCUC altering, amending, or rescinding the 2024 CPIRP Order. NCSEA also noted that the oral argument does not adequately resolve the procedural deficiencies with the Deferral Order. The oral argument was exclusively to hear arguments on the CCEBA’s Petition for Reconsideration and SACE’s Motion for Reconsideration, and did not serve as a substitute for the substantive processes that did not occur earlier.
Every major modeling exercise—including NCSEA’s Alternative Portfolio—submitted to the NCUC in the 2025 CPIRP proceeding continues to identify solar resources as part of a least-cost, reliable pathway for serving future load growth. Any delay to procuring solar resources, including the one caused by the Deferral Order, adds additional, unnecessary execution risks to Duke Energy cost-effectively serving its increasing demand for electricity. NCSEA will continue to provide data-driven analyses in its advocacy to support a clean energy future and remain actively engaged in NCUC proceedings affecting that outcome.
At this time the NCUC has not yet ruled on whether it will reconsider the Deferral Order, but it is unlikely that a solar resource procurement can occur this year. The NCUC will issue a final order later this year in Duke Energy’s pending CPIRP proceeding, which will further address future solar, storage, and resource procurement needs. At that time, it will become clear how any shortcomings in resource procurement caused by the Deferral Order will be addressed.