The N.C. Court of Appeals rejected a Durham advocacy group's challenge of last-year's corporate merger between Duke Energy and Progress Energy.
The appellate court this week said it would not consider N.C. WARN's appeal. The court issued its denial in a single sentence without explanation.
WARN had challenged the N.C. Utilities Commission's refusal to allow WARN to intervene in the commission's investigation of the Progress-Duke merger.
In its appeal to the court, WARN described the commission as acting as "judge, jury, and executioner."
The commission, which approved the merger, later investigated the deal because Duke fired CEO Bill Johnson, who had been slated to run the combined company.
WARN has also appealed the merger itself to the N.C. Court of Appeals, and that matter is still pending. The appeal of the merger is separate from the appeal of the commission's decision not to allow WARN to participate in the merger investigation.
Underlying these appeals is WARN's allegation that the merger was conducted under false pretenses because the two utilities withheld vital financial information from public review.