A lawsuit has been filed against Bloom Energy and Pepco Holdings the parent company of Delmarva Power by a man who says the 30-megawatt fuel-cell project at two substations in New Castle County emits more pollution than allowed under its state permits.
The state of Delaware requires a surcharge for renewable energy sources, resulting in Delmarva Power customers paying an extra $3.67 to $5.98 a in recent months.
The Wilmington News Journal reports that on June 23rd William Whipple III filed suit noting that the units exceed the expected heat rate.
That, he says, makes them less efficient than advertised and claims that the company knowingly concealed that Bloom servers consumer more natural gas and therefore produced more carbon dioxide than allowed under the permits.
A Delmarva Power spokesperson said there would be no comment because it has yet to receive the suit.