Public Utilities – Renewable Energy – Administrative Appeals – Standing – Mootness

Two appellants in this case are organizations that represent utilities customers’ and environmental interests. The rates at issue in this case—those paid by utility companies to purchase renewable energy from qualifying facilities—do not affect those organizations. Any impact on customers’ rates would come from a general ratemaking proceeding. Consequently, the South Carolina Coastal Conservation League and the Southern Alliance for Clean Energy lack standing to appeal the order of the Public Service Commission setting rates an electric utility must pay to solar and other qualifying renewable energy producers for electricity.

Appeal dismissed.

The appeal by the remaining appellant, the South Carolina Solar Business Alliance, LLC, is moot. Two rates set by the Public Service Commission for 2018 are at issue: PR-1 and PR-2.

No qualifying facility sought to sell renewable energy to respondent Dominion Energy South Carolina, Inc., under the PR-2 rate. Therefore, all issues related to the PR-2 rate for 2018 are moot.

There were around 40 qualifying facilities that sold renewable energy to Dominion under the PR-1 rate for 2018. However, not one of the 40 qualifying facilities is connected with any member of Solar Business Alliance.

Moreover, the 2018 rates have expired, and the General Assembly enacted new legislation in 2019 that significantly changed the procedures the Public Service Commission followed in 2019 and must follow in future proceedings. Thus, any guidance this court could provide by addressing this appeal would be academic.

As a result, any issues regarding the propriety of the PR-1 rate are also moot.

Dismissed.

South Carolina Coastal Conservation League v. Dominion Energy South Carolina, Inc. (Lawyers Weekly No. 010-066-20, 7 pp.) (John Few, J.) James Blanding Holman, Joseph Samuel Dowdy, Benjamin Snowden, and Richard Whitt for appellants; John Marion Hoefer, Mitchell Willoughby, Chad Nicholas, Matthew William Gissendanner, K. Chad Burgess, Jenny Rebecca Pittman and Andrew McClendon Bateman for appellees. S.C. S. Ct.