State Ex Rel. Utilities Commission v. Environmental Defense Fund

STEELMAN, Judge.

Where N.C. Gen. Stat. § 62-133.8(a)(6) includes “biomass resource,” among the list of resources qualifying as “renewable energy resources,” the North Carolina Utilities Commission did not err in determining that wood derived from whole trees in primary harvest is a “biomass resource” and thus a “renewable energy resource” within the meaning of the statute.

I. Factual and Procedural Background

North Carolina’s Renewable Energy and Energy Efficiency Portfolio Standard (“REPS”), N.C. Gen. Stat. § 62-133.8(b), requires electric public utilities to meet renewability and efficiency…