Day Two, But Still Part One

Governor McCrory’s blast at The N&O got him another day of the “blaring, top-of-the-fold” headlines he blasted. But this is just the beginning of the Coal Ash Saga. We soon will have a U.S. Attorney’s investigation and a fight over who pays: McCrory’s former boss, Duke Energy, or his current boss, the People of North Carolina.
 
McCrory protested that the N&O’s story Thursday “mischaracterized a misinterpretation of a very convoluted form.” It is not a convoluted form. Look for yourself here. In fact, it is just like your income taxes: You file them by April 15 for the prior year ending December 31.
 
Still, I believe Governor McCrory when he says, in effect, that it was incompetence, rather than a conspiracy. But it is breathtaking incompetence. It is hard to fathom how the Governor of North Carolina and his legal counsel misunderstood the form. Or why somebody on the Governor’s staff didn’t foresee the problem.
 
Here’s what former legislative counsel Gerry Cohen says (and remember, he was honored a couple of weeks ago by members of both parties for his reliability and integrity): “How could Bob Stephens have had a misunderstanding that the date of ownership of the stock was as of April 15, 2014, when the 2013 SEI CLEARLY says on the tip of page 2 that the date of stock ownership was to be as of December 31. Was the mistake that he only read page 1? Or missed the penalties provision at the end of the form, which states that it could be a violation of GS 138A-45? I know that the text of 138A-45 tells you that for a constitutional officer, it is malfeasance and punishable under GS 123-5.”
 
The “misstatement” is a small part of the Governor’s problem. As one TAPster noted, he says he sold the stock NOT because it was the right thing to do, but because his “integrity was being challenged” and he wanted to put “this thing to bed.” In other words, it’s about PR, not integrity.
 
Second, as WRAL reported, “McCrory has steadfastly refused to take a position on whether shareholders or customers should pay for it (the coal ash cleanup), saying that decision should be left up to the state Utilities Commission.”
 
That is a dodge. Democrats in the legislature tried to amend the coal ash bill so the Utilities Commission couldn’t let Duke pass the cleanup costs on to ratepayers. Republicans squashed that, and they will answer for it this fall. And Roy Cooper has taken a position exactly opposite of McCrory’s.
 
Finally, away from the cameras, the federal grand jury investigation rolls on. Wait for those blaring, top-of-the-fold headlines.
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Gary Pearce

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Day Two, But Still Part One

Governor McCrory’s blast at The N&O got him another day of the “blaring, top-of-the-fold” headlines he blasted. But this is just the beginning of the Coal Ash Saga. We soon will have a U.S. Attorney’s investigation and a fight over who pays: McCrory’s former boss, Duke Energy, or his current boss, the People of North Carolina.
 
McCrory protested that the N&O’s story Thursday “mischaracterized a misinterpretation of a very convoluted form.” It is not a convoluted form. Look for yourself here. In fact, it is just like your income taxes: You file them by April 15 for the prior year ending December 31.
 
Still, I believe Governor McCrory when he says, in effect, that it was incompetence, rather than a conspiracy. But it is breathtaking incompetence. It is hard to fathom how the Governor of North Carolina and his legal counsel misunderstood the form. Or why somebody on the Governor’s staff didn’t foresee the problem.
 
Here’s what former legislative counsel Gerry Cohen says (and remember, he was honored a couple of weeks ago by members of both parties for his reliability and integrity): “How could Bob Stephens have had a misunderstanding that the date of ownership of the stock was as of April 15, 2014, when the 2013 SEI CLEARLY says on the tip of page 2 that the date of stock ownership was to be as of December 31. Was the mistake that he only read page 1? Or missed the penalties provision at the end of the form, which states that it could be a violation of GS 138A-45? I know that the text of 138A-45 tells you that for a constitutional officer, it is malfeasance and punishable under GS 123-5.”
 
The “misstatement” is a small part of the Governor’s problem. As one TAPster noted, he says he sold the stock NOT because it was the right thing to do, but because his “integrity was being challenged” and he wanted to put “this thing to bed.” In other words, it’s about PR, not integrity.
 
Second, as WRAL reported, “McCrory has steadfastly refused to take a position on whether shareholders or customers should pay for it (the coal ash cleanup), saying that decision should be left up to the state Utilities Commission.”
 
That is a dodge. Democrats in the legislature tried to amend the coal ash bill so the Utilities Commission couldn’t let Duke pass the cleanup costs on to ratepayers. Republicans squashed that, and they will answer for it this fall. And Roy Cooper has taken a position exactly opposite of McCrory’s.
 
Finally, away from the cameras, the federal grand jury investigation rolls on. Wait for those blaring, top-of-the-fold headlines.
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Gary Pearce

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