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DUKE POWER CO. v. S.C. PUBLIC SERVICE COMM.

22211

284 S.C. 81 (1985)

326 S.E.2d 395

DUKE POWER COMPANY, Lewie E. Amick, Jr., Richard L. Wash and Mrs. Olan B. George, Appellants-Petitioners, of whom Duke Power Company is, Appellant-Respondent, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION, County of Greenwood, South Carolina, and Edward L. Petit, Jack C. Bourne and Jones F. Buchanan are, Respondents-Appellants, of whom County of Greenwood, South Carolina, Edward L. Petit, Jack C. Bourne and Jones F. Buchanan are, Respondents-Appellants. Appeal of COUNTY OF GREENWOOD, S.C. Edward L. Petit, Jack C. Bourne and Jones F. Buchanan, Respondents.

Supreme Court of South Carolina.

Decided January 15, 1985.

Attorney(s) appearing for the Case

Andrew B. Marion and Donald L. Ferguson, of Haynesworth, Perry, Bryant, Marion & Johnstone, Greenville, for appellant-petitioner Duke Power Co.

Eugene C. Griffith, of Griffith, Mays, Foster & Kittrell, Newberry, for individual appellant-petitioners.

John E. Johnston, and Jack H. Tedards, Jr. of Leatherwood, Walker, Todd & Mann, Greenville, for respondents-appellants, Edward L. Petit, Jack C. Bourne, and Jones F. Buchanan.

Thomas E. McCutchen and Stewart P. Hayes of Whaley, McCutchen, Blanton & Rhodes, Columbia, for respondent-appellant Greenwood County.

Arthur G. Fusco and C. Dukes Scott, Columbia, for respondent-appellant South Carolina Public Service Comm.

Heard Oct. 16, 1984.

Decided Jan. 15, 1985.

HARWELL, Justice:

This is a utility rate case involving the interpretation of a contract between Respondent Greenwood County and Appellant Duke Power Company and the constitutionality of the special enabling legislation. The trial judge held the contract enforceable against Duke and the Act constitutional. We affirm.

Greenwood County owned and operated a hydroelectric...

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