Public Utilities – Renewable Energy – Administrative Appeals – Mootness

This appeal addresses the Public Service Commission’s 2018 rates that an electric utility must pay to renewable energy producers. Those rates have been superseded by the rates the PSC set in 2019. Moreover, the General Assembly enacted new legislation in 2019 that significantly changed the procedures the PSC followed in 2019 and must follow in future proceedings. Thus, any guidance this court could provide by addressing this appeal of the 2018 rates would be academic.

We dismiss this appeal as moot.

No qualifying facility sought to sell renewable energy to respondent Dominion Energy South Carolina, Inc., under the PR-2 rate set by the PSC in 2018. 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 PSC’s PR-1 rate for 2018. However, not one of the 40 qualifying facilities is connected with any member of appellant Solar Business Alliance.

The 2018 rates have expired. If we were to reverse the PSC, our ruling would have no effect on appellants. The only effect our decision could have would be that a non-party to this appeal would earn additional revenue of $15. We find any issues regarding the propriety of the PR-1 rate are moot.

Dismissed.

South Carolina Coastal Conservation League v. Dominion Energy South Carolina, Inc. (Lawyers Weekly No. 010-076-20, 8 pp.) (John Few, J.) Substituted opinion. 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.