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JOHNSON v. PIEDMONT MUNICIPAL POWER AGENCY

21640

277 S.C. 345 (1982)

287 S.E.2d 476

P. Duncan JOHNSON, and Roger Lloyd Jones, Individually and on behalf of all other persons similarly situated; and Town of Bamberg, South Carolina, Appellants, v. PIEDMONT MUNICIPAL POWER AGENCY; Clarence A. Shealy, Jr., John C. Eargle, Calvin T. Millstead, L.D. Gardner, Jr., Winifred Culclasure, Robert P. Coats, and Donald E. Morris, as mayor and members of the City Council of the City of Newberry, South Carolina, and representing the governing bodies of the member municipalities of the Piedmont Municipal Power Agency; Jack Millwood, Joe Dean Knuckles, Ronnie Brown, Dewitt McCraw, and Basil H. Clary, as the Commissioners of Public Works of the City of Gaffney, South Carolina, and representing the commissioners of public works of the member municipalities of the Piedmont Municipal Power Agency; Vernon L. Sanders, Frank Guyton, Fred Kirby, Kenneth W. Gaulman, Ray Clary, John Q. Little, and J. Chad Sarratt, as mayor and members of the City Council of Gaffney, South Carolina, and representing the governing bodies of the member municipalities of Piedmont Municipal Power Agency, Respondents.

Supreme Court of South Carolina.

February 10, 1982.

Attorney(s) appearing for the Case

Pope & Hudgens, Newberry, and B. Monroe Hiers, Bamberg, for appellants.

McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia, Eugene C. Griffith, Newberry, and C.E. Saint-Amand, Michael R. Daniel and A. Ray Godshall, Gaffney, for respondents.

February 10, 1982.

NESS, Justice:

This appeal tests the constitutionality of the Joint Municipal Electric Power and Energy Act of 1978 (the "Act")1 and challenges the validity of contracts executed under authority of the Act. We hold it constitutional.

FACTUAL BACKGROUND

In 1975, Duke Power Company (Duke) offered to sell its power generating Catawba Nuclear Station, under...

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