Duke Energy wants to keep state scientist testimony in coal ash case secret

"Through this coverage, Plaintiffs have sought to manipulate the media and the public, igniting fear and consternation in order to garner support for the extreme remedy Plaintiffs seek in these cases: excavation of all of Duke Energy’s coal ash basins," a Duke brief supporting the motion reads.

The motion Duke filed Tuesday was specific to a suit filed in 2014 by the nonprofit Waterkeeper Alliance and the Yadkin Riverkeeper over unlawful discharges from the coal ash pits at the Buck Steam Station in Salisbury, where some of the highest levels of hexavalent chromium were detected.

"Dr. Rudo traveled to communities across the state to explain the science behind the letters telling residents not to drink their water," Yadkin Riverkeeper Will Scott said in a statement. "Duke Energy is now trying to block his sworn testimony from being made public. The public deserves to know what was happening in DHHS when they were making important public health decisions that affected hundreds of coal ash pit neighbors across the state."

When reached Tuesday, Rudo declined to comment on the motion.

​In a written statement, Southern Environmental Law Center attorney Frank Holleman called the energy company's move to block the testimony an "extraordinary action."

"The state has told well users not to drink their water, to drink their water and not to drink their water. These citizens deserve complete information about how the issue of their water has been handled, as do all citizens of North Carolina," Holleman said. "Duke Energy should not be trying to keep this important information from the public and the press."

But in their brief to the court, Duke lawyers said many of Rudo's statements would be inadmissible in court and that their public release would prejudice any jury in the case.

Calling much of the deposition "speculation and hearsay," company spokeswoman Paige Sheehan said the SELC's intent to release the transcript was "an abuse of the thoughtful legal process, and another example of SELC’s cynical pattern of playing public opinion, forcing us to ask the court to step in."

"With hours of questions still to be asked, lawyers are just beginning to challenge Dr. Rudo’s motives, his claims and his credibility. SELC knows that," Sheehan said. "No wonder they want the transcript released now."