State regulators have cleared Duke Energy? to go ahead with plans to upgrade power lines near the Eastern Band of Cherokee?s reservation in the North Carolina mountains.
The N.C. Utilities Commission ruled against the tribe and other residents in the Kituwah Valley? a site sacred to the Cherokee ? that Duke had acted illegally in starting construction of a 161-kilovolt transmission line up grade designed to serve the Harrah?s Cherokee hotel and casino in Murphy.
The groups had contended that the construction harmed property values by destroying the scenic beauty of the region. They asked that the project be halted or that they be compensated for the loss of value to their property.
The commission ruled Wednesday that the complaining parties had not carried their ?burden of proof to show that Duke acted unreasonably and inappropriately? in planning the upgrade. It declined to halt the project. And it said it did not have the authority to order compensation for any loss of property value. ?The complainant?s members will need to pursue that remedy in the appropriate court,? the commission said.
The Cherokee also objected in the original complaint to Duke?s plans to locate an electrical tie station near Kituwah, a sacred place for the Cherokee on the Tuckaseegee River east of Bryson City. But Duke voluntarily relocated that station.
John Downey covers the energy industry for the Charlotte Business Journal. Click here to read more recent postings on Power City.
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John Downey covers utilities, public companies and the courts for the Charlotte Business Journal.
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