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S.C. ELECTRIC & GAS CO. v. PUB. SER. COMMISSION

21345

275 S.C. 487 (1980)

272 S.E.2d 793

SOUTH CAROLINA ELECTRIC AND GAS COMPANY, Appellant, v. The PUBLIC SERVICE COMMISSION of South Carolina, Daniel R. McLeod, as Attorney General of South Carolina, Midlands Welfare Rights Organization, People Are Coming Sponsoring Committee, Roy W. Smith, Holly Hill Lumber Company, Inc., and Gifford-Hill Company, Inc., Defendants, The Public Service Commission of South Carolina Daniel R. McLeod, as Attorney General of South Carolina, Midlands Welfare Rights Organization, People Are Coming Sponsoring Committee, and Roy W. Smith are Respondents.

Supreme Court of South Carolina.

December 8, 1980.

Attorney(s) appearing for the Case

Hubert E. Long, Lexington and Patricia T. Marcotsis and James B. Richardson, Jr., Columbia, for appellant.

Robert T. Bockman, Arthur G. Fusco, Atty. Gen., Daniel R. McLeod, Asst. Atty. Gen., James W. Johnson, Jr. and Robert Guild, Columbia; Tom Turnipseed, West Columbia, for respondents.

Roy W. Smith, pro se.

December 8, 1980.

NESS, Justice:

The critical question in this appeal is whether the South Carolina Public Service Commission has authority to require a public utility to make a general refund to its retail customers. We conclude it does not.

Appellant South Carolina Electric & Gas Company (SCE&G) was ordered by the Public Service Commission to refund more than seven million dollars to its retail electric customers as a result of the interchange...

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