"The commission does not report to the governor," Ellis said.

Ellis declined to say whether the governor disagreed with the decision made by his appointees.

Charlotte lawyer Benne C. Hutson, whom McCrory appointed as the commission's chairman in July, said Tuesday that he recused himself from the special April 3 closed-session meeting where Ridgeway's ruling was discussed. Hutson said his law firm represents Duke, which presented a conflict of interest.

Vice Chairman Kevin C. Martin, a McCrory appointee who presided over the meeting, said he couldn't discuss matters under pending litigation or any legal advice the commission received. However, he said a concern with Ridgeway's ruling is that it wouldn't just affect Duke, but potentially thousands of other state-permitted wastewater lagoons in North Carolina.

He said staff from the state Department of Environment and Natural Resources advised the commission without taking a position on the issue.

"No one told us how to vote," he said.

On the same day the state commission met behind closed doors, Duke filed its notice appealing Ridgeway's decision. The company also asked the judge to delay enforcement of his order until the N.C. Court of Appeals rules. Ridgeway declined.