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Public Utilities

Jun 17, 2016

Public Utilities – Water District – Contract – Long Term – Municipal

West Anderson Water District v. City of Anderson (Lawyers Weekly No. 011-054-16, 14 pp.) (John Geathers, J.) Appealed from Anderson County Circuit Court (R. Keith Kelly, J.) S.C. App. Holding: S.C. Code Ann. § 33-36-1360(A)(9) grants public service districts the power to “enter into contracts of short or long duration,” and S.C. Code Ann. § […]

Oct 27, 2014

Public Utilities — New Plant – Base Load Review – Statutory Standard

South Carolina Energy Users Committee v. South Carolina Electric & Gas (Lawyers Weekly No. 010-120-14, 12 pp.) (Jean Hoefer Toal, Ch. J.) Appealed from the Public Service Commission. S.C. S. Ct. Holding: Where respondent sought to update an existing base load review order, the Public Service Commission correctly applied S.C. Code Ann. § 58-33-270. We […]

Jun 6, 2014

Public Utilities – Cable – Franchise Request – Municipal – Cause of Action – Legislators’ Motives

Horry Telephone Cooperative, Inc. v. City of Georgetown (Lawyers Weekly No. 010-053-14, 6 pp.) (Costa Pleicones, J.) Appealed from Georgetown County Circuit Court (Benjamin Culbertson, J.) S.C. S. Ct. Holding: Although S.C. Code Ann. § 58-12-310(D) creates a private cause of action for aggrieved cable providers under the S.C. Competitive Cable Services Act, plaintiff’s claim […]

Jun 10, 2013

Public Utilities – Administrative — Primary Jurisdiction Doctrine – Electricity Rates

Wanning v. Duke Energy Carolinas, LLC Where plaintiffs bought a house covered by Act 1293 of 1966 – pursuant to which defendant was required to charge rates at “the lower of the rates charged by the Greenwood County Electric Power Commission and Duke Power Company” – the issue of the rate defendant can charge plaintiffs is in the primary jurisdiction of the Public Service Commiss[...]

Mar 21, 2012

Public Utilities – Telephone Service – Interconnection Agreements – Local Exchange Carriers

New Cingular Wireless PCS LLC d/b/a AT&T Mobility v. Finley In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection agreements.

Dec 15, 2011

Public Utilities – Telecommunications – Administrative – Standing – Billing Agent

CGM LLC v. BellSouth Telecommunications Inc. The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit. In the Telecommunications Act of 1996, Congress attempted to deregulate all aspects of U.S. teleco[...]

Mar 30, 2011

Public Utilities – Water & Sewer – Ratemaking – Application for Increase – Denial – Public Service Commission Authority – Errors of Law

Utilities Services of South Carolina, Inc. v. South Carolina Office of Regulatory Staff. When the General Assembly created the Office of Regulatory Staff (ORS) to investigate and audit public utilities, the . . .

Aug 16, 2010

Public Utilities – Capital Costs – New Plant Construction – 'Contingency Costs'

Capital Costs - New Plant Construction - 'Contingency Costs'

May 3, 2010

Public Utilities – Nuclear Power Facility – Application – Review – Heightened Scrutiny – Not-for-Profit Group – Public Service Commission

Nuclear Power Facility - Application - Review - Heightened Scrutiny - Not-for-Profit Group - Public Service Commission

Apr 12, 2010

Public Utilities – Municipal – Annexation – No Existing Structure – Civil Practice – Statute of Limitations

Municipal - Annexation - No Existing Structure - Civil Practice - Statute of Limitations

Jul 2, 2007

Public Utilities – Public Service Commission – Universal Service Fund

Public Service Commission - Universal Service Fund

Feb 16, 2004

Public Utilities – Rate Increase – Developer – Jurisdiction

Rate Increase - Developer - Jurisdiction

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