CITY OF NEWBERRY v. THE PUB. SERV. COMM. OF S.C.

22445

287 S.C. 404 (1986)

339 S.E.2d 124

CITY OF NEWBERRY, South Carolina, Appellant, v. The PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA and Newberry Electric Cooperative, Inc., Respondents.

Supreme Court of South Carolina.

Decided January 14, 1986.


Attorney(s) appearing for the Case

Robert T. Bockman and M. John Bowen, Jr. of McNair, Glenn, Konduros, Corley, Singletary, Porter & Dibble, Columbia, and Eugene C. Griffith of Mays, Foster & Kittrell, Newberry, for appellant.

Arthur G. Fusco and Sarena K. Dickerson, of South Carolina Public Service Commission, Columbia, for respondent Public Service Commission of South Carolina.

Thomas H. Pope, III of Pope & Hudgens, Newberry and C. Pinckney Roberts, Columbia, for respondent Newberry Electric Cooperative, Inc.


Heard Dec. 10, 1985.

Decided Jan. 14, 1986.

HARWELL, Justice:

This appeal challenges an order of the Respondent South Carolina Public Service Commission ("the Commission") which concluded that a provision in a portion of the "Home Rule Act," 1975 S.C. Acts 693, repealed the right of municipal electric systems to provide service to certain industrial premises. This right was previously granted by the "Territorial...

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