The Southern Environmental Law Center plans to bring an upcoming Duke Energy program before the North Carolina Court of Appeals. Called Clean Energy Impact, the program would allow companies and individuals to buy energy credits to support North Carolina’s clean energy transition.

But the Southern Environment Law Center says it’s a question of whether these credits “add” something new to the grid or are just subsidizing actions the company had to take anyway under state regulations.

“If you’re subscribing to a program, and nothing in Duke’s behavior is changing, there’s no additional solar being procured, you’re not offsetting anything,” said Nick Jimenez, senior attorney at SELC.

The group filed a Notice of Appeal on behalf of the Southern Alliance for Clean Energy last Thursday. The appeal claims that the commission does not require the credits to come from projects beyond what the company is already required to build by law.

“Duke’s new customer program undermines the trust of North Carolinians seeking to protect their families and future generations from the consequences of climate-warming carbon pollution,” said Stacey Washington, clean energy and equity director with SACE, in a written statement.

Duke provided a written response that the program was not designed to provide such additionality. Clean Energy Impact is set to replace the Go Renewable program sometime next year.