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Public Utilities – Ratemaking – Multiple Appeals – Reparations Surcharge – Appeals Bond or Other Arrangements
It took several appeals and several years for the appellant-utility to finally get the rate increase amount it had requested (though in a different configuration). Although the utility asserts that it was unable to afford an appeals bond for the whole of the appellate period, the Public Service Commission correctly determined that it lacked the […]
SC regulators change minds, rule utility misled them
South Carolina regulators have changed their minds and ruled that a private utility did intentionally withhold information and mislead them about a project to build a pair of nuclear reactors that ultimately failed. The Public Service Commission voted Monday that South Carolina Electric & Gas was “imprudent” in its dealing with regulators over the reactors. […]
SC Supreme Court considering utility dispute
South Carolina’s highest court is suggesting Gov. Henry McMaster and state lawmakers work together on the fallout from a state-owned utility’s part in a failed nuclear project. The Post and Courier of Charleston reported the justices heard arguments Thursday in a dispute between McMaster and lawmakers over the appointment of a new chairman for Santee […]
Antitrust – State Action Immunity – Public Utilities – Santee Cooper – Supra-competitive Prices
Century Aluminum of South Carolina, Inc. v. South Carolina Public Service Authority (Lawyers Weekly No. 002-171-17, 20 pp.) (Richard Mark Gergel, J.) 2:17-cv-00274; D.S.C. Holding: Where the defendant-electric utility has been granted a monopoly in a clear articulation of state policy, and where defendant is actively supervised by a state-appointed board of directors, defendant is […]
Real Property – Public Utilities – Prescriptive Easements – Adverse Use – Claim of Right – Open & Notorious
Simmons v. Berkeley Electric Cooperative, Inc. (Lawyers Weekly No. 010-082-16, 12 pp.) (Donald Beatty, Acting Chief Justice) Appealed from Charleston County (Mikell Scarborough, Master-in-Equity) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: In proving the elements of a prescriptive easement “adverse use” and “claim of right” are, in effect, one […]
Civil Practice – Federal Question Jurisdiction – Public Utilities – Hydroelectric Power – Water Release – Flooding – Tort/Negligence
Funderburk v. South Carolina Electric & Gas Co. (Lawyers Weekly No. 002-084-16, 18 pp.) (J. Michelle Childs, J.) 3:15-cv-04660; D.S.C. Holding: Plaintiffs’ negligence claim – that their house was flooded when defendant negligently opened three floodgates at once – is based on an alleged duty of care that can only arise from defendant’s maintenance and […]
Tort/Negligence – Public Utilities – Downed Power Line – NESC Compliance – Gunshot
Nespeca v. Duke Energy Carolinas LLC (Lawyers Weekly No. 002-083-16, 11 pp.) (Mary Geiger Lewis, J.) 7:15-cv-00222; D.S.C. Holding: Even though a downed power line caused a fire that damaged plaintiff’s property, since plaintiff failed to show that defendant had failed to comply with the National Electrical Safety Code, or that the bullet that severed […]
Real Property – Public Utilities – Cable TV – Trunk Line – Tenant’s Permission
Johnson v. Time Warner Entertainment-Advance/Newhouse Partnership (Lawyers Weekly No. 002-023-16, 9 pp.) (Cameron McGowan Currie, J.) 3:15-cv-01727; D.S.C. Holding: There is a genuine issue of material fact as to whether a tenant had the authority to permit the defendant-cable company to install a trunk line, which served other customers, on plaintiff’s land. The cable company’s […]
Taxation – Public Utilities – ‘Telephone Company’ – Cell Phone Service Providers – Statutory Ambiguity
Alltel Communications, Inc. v. South Carolina Department of Revenue S.C. Code Ann. § 12-20-100 imposes higher license fees on certain companies, including every “telephone company.” Since the statute does not define “telephone company”, it is ambiguous. We construe the ambiguity in favor of the petitioner-taxpayers – cellular telephone service providers – and rule that the st[...]
Civil Practice – Class Action Certification Motion – Denied – Individual Issues Predominate – Real Property – Public Utilities – Easements
Dutton v. Carolina Power & Light Co. Defendant has been granted several types of easements, and defendant gave notice, by various methods, that it was using its electric power easements for general telecommunications purposes. Individual issues predominate as to what use is allowed by the various types of easements and as to whether property owners received notice of the use of the easeme[...]
Real Property – Easements – Contract – Unjust Enrichment – Matters Outside Easement – Public Utilities
Dutton v. Carolina Power & Light Co. Even though there is an express contract between the parties – an easement – since plaintiff contends that defendant is using the easement for purposes not covered by the easement, plaintiff has made out a claim for unjust enrichment. Defendant’s motion for partial summary judgment is denied.
Environmental – Civil Practice – Standing – River Pollution – Public Utilities – Administrative – Licenses & Permits
Catawba Riverkeeper Foundation, Inc. v. South Carolina Electric & Gas Co. Even though defendant’s power plant is downstream from the areas mentioned in plaintiff’s articles of incorporation, plaintiff’s activities indicate a concern with the entire watershed of the Catawba River. Plaintiff has indicated a valid interest in the Wateree River region.
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
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