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Residents near coal ash plants not happy with Duke Energy waiver

BELMONT, N.C. — Residents living near coal ash plants are frustrated with the terms of Duke Energy's compensation package.

They told reporter Tina Terry they'd have to give up their right and their children's right to sue if they ever get sick.

Some residents said it leaves them with concerns for their children.

"Duke is trying to tie my hands,” resident Amy Brown said. “That's the way it feels.”

Residents have to sign the waiver in order to receive a $5,000 financial supplement and possible water bill stipend from Duke Energy.

That money is intended to compensate them as Duke Energy transitions them to a new water supply.

"I acknowledge that Duke Energy has fully compensated me for any harm or loss that I have suffered as a result of any contamination in my well water," the waiver reads.

The waiver makes the signer their heirs and successors agree not to seek any further compensation from the company.

A spokesperson for Duke Energy said the legal waiver does include children, but she said this waiver is standard and she emphasized it's voluntary.

"We feel very confident that we have not impacted these wells,” the spokesperson said. “There is a ton of independent evidence that supports that."

A legal expert said Thursday the waiver could be problematic for families, but he said the right attorney could argue that children are not included in the waiver.

"I think that it doesn't cover the children," attorney Eric Montgomery said. “The language in the contract says, ‘I or my property can't bring action.’ Doesn't say the children."

Clients are concerned that the legal waivers are vague and misleading, Montgomery, who is an attorney for many of the residents, said.

Duke Energy also reiterated it does not anticipate any health issues for residents living near the coal ash ponds.

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