A state appeals court ruled the increase violated the law at the time, yet a later change in legislation shields Duke from having to return the money.
By BCNews Staff Writer
Columbus County, NC — Residents who receive power through Duke Energy Progress were over‑charged in 2024 under a fuel‑rate increase that a state court has now ruled was approved illegally.
Despite that finding, customers will not receive refunds.
In a recent decision, the North Carolina Court of Appeals determined that the Utilities Commission misapplied state law when it allowed Duke Energy to recover older fuel costs in its 2024 rate adjustment. Under the statute in effect at the time, those costs were not eligible to be passed on to customers.
However, while the case was still moving through the courts, state lawmakers revised the law in 2025. The updated statute now allows Duke to recover the same category of fuel costs that were previously prohibited. Because of that change, the court concluded that issuing refunds would not happen, since Duke could legally re‑collect the same amount under the new rules.
For Columbus County households, the outcome is straightforward: the charges were deemed unlawful under the old law, but the money will not be returned. Duke Energy faces no fines or financial penalties as a result of the ruling. Instead, the correction is procedural – the court clarified how the law should have been applied in 2024 and reset the legal framework for future rate cases.
Duke Energy Progress continues to serve Columbus County under the updated 2025 statute, which gives the utility broader authority to recover fuel‑related expenses.
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