A Latino civil rights group will continue its state Supreme Court challenge to Duke Energy’s solar-power development program as a corporate “subsidy,” despite regulators’ recent reaffirmation of the solar program as fair to customers.

The high court in May called on the Florida Public Service Commission (PSC) to explain whether or not the solar program, which would provide bill credits to participating ratepayers, is a subsidy and whether the established rates are reasonable. The court made the unusual request in response to a lawsuit filed by the League of United Latin American Citizens (LULAC) of Florida.

The PSC reaffirmed the solar program’s proposed rate structure on Sept. 8, concluding that it did not amount to a prohibited subsidy. Under the Clean Energy Connection program, Duke would build 10 large solar plants, and participating customers would pay a subscription fee in exchange for receiving future credits on their bills that would be tied to the amount of solar power the projects generate.