Baron & Budd Opposes Duke Energy Only Providing Water Filtration System for North Carolina Well Owners

Law firms say water filtration system as only option for nearly 200
well owners eligible for permanent alternative water supply is not enough

Households in vicinity of Belews Creek Steam Station, Mayo Steam
Electric Plant and Roxboro Steam Electric Plant seek legal rights to
permanent municipal water supply

DALLAS–(BUSINESS WIRE)–The national law firm of Baron
& Budd today announced its opposition of Duke Energy’s attempt
to provide water filtration systems as the only option for neighbors of
Duke Energy’s coal ash waste sites in Roxboro, Mayo, Belews Creek and
Asheville, rather than providing connection to safe public water systems.

Baron & Budd, along with the Law Offices of F. Bryan Brice, Jr. and
Wallace and Graham, represents more than 1,000 individuals who live near
the Duke plants at Roxboro, Mayo, Belews Creek (Walnut Cove); Lee
(Goldsboro); Asheville, Buck (Salisbury); Allen (Belmont); Marshall
(Terrell); and Cliffside. The firms, along with their clients, are
reviewing legal options to continue to pursue their case against Duke
Energy. The plaintiffs allege Duke Energy coal ash waste sites caused
contaminated drinking water at their nearby homes, among other issues.

At latest count, Duke Energy has identified nearly 900 households across
North Carolina that are eligible for permanent alternative water supply
under the Coal Ash Management Act (CAMA). Under CAMA, connection to
public water is preferred. However, if the North Carolina Department of
Environmental Quality (DEQ) determines that connection to a public water
system to a particular household would be “cost prohibitive,” DEQ can
authorize installation of a filtration system. Earlier this year, the
DEQ conditionally approved Duke’s proposed water plans, but stated that
Duke’s recommendation of what was “cost prohibitive” was subject to
change.

Since then, based on Duke’s determination of what was “cost
prohibitive,” 184 well owners located predominantly at three plants
(Belews Creek Steam Station, Mayo Steam Electric Plant and Roxboro Steam
Electric Plant) were not provided access to a public water source, but
rather given only one option – choosing a filtration system or opting
out completely. Additionally, a number of well owners located in Arden,
near the Asheville Steam Plant have only been offered filter systems,
even though a public water connection is available. The same is now true
for well owners impacted living directly across from the coal ash ponds
across the French Broad River at the Asheville plant as well.

“We continue to argue that every household is entitled to clean water
and should not be required to accept a filtration system,” said Cary
McDougal, Shareholder at Baron & Budd. “In the information Duke supplied
to DEQ, it provided a cost comparison for 10 years for the filtration
system against the cost of installing public water lines. We highly
question the validity of this comparison given industry standards
indicating that public water lines have an effective life of 70 to 100
years, and we stand behind the DEQ’s recent instruction to Duke Energy
to revisit the issue and research all feasible public water supply
options for households around these plants.”

“We have been working diligently to meet with local public water supply
officials and city/county boards to help show that there are viable,
cost effective public water options,” said Bryan Brice, attorney with
the Raleigh-based Law Offices of F. Bryan Brice, Jr. “The affected
citizens with contaminated wells who we represent all want Duke Energy
to provide a permanent municipal water supply pursuant to CAMA
requirements. We will continue to bring this issue to the attention of
Duke Energy and the DEQ.”

ABOUT BARON & BUDD, P.C.

The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge,
New Orleans, Austin, Los Angeles, and San Diego, is a nationally
recognized law firm with a nearly 40-year history of “Protecting What’s
Right” for people, communities and businesses harmed by negligence.
Baron & Budd’s size and resources enable the firm to take on large and
complex cases. The firm represents individuals and government and
business entities in areas as diverse as dangerous pharmaceuticals and
medical devices, environmental contamination, the Gulf oil spill,
financial fraud, overtime violations, deceptive advertising, automotive
defects, trucking accidents, nursing home abuse, and asbestos-related
illnesses such as mesothelioma.

Contacts

Baron & Budd, P.C.
Bradley Bowen, 214-523-6633