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DUKE POWER CO. v. PUBLIC SERVICE COMMISSION

23087

300 S.C. 210 (1989)

387 S.E.2d 241

DUKE POWER COMPANY, Appellant v. The PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA and Board of Public Works, City of Gaffney, South Carolina, and Broad River Electric Cooperative, Inc., Defendants, of whom the Public Service Commission of South Carolina and Board of Public Works, City of Gaffney, South Carolina, are Respondents, and Broad River Electric Cooperative Inc. is an Appellant. Appeal of BROAD RIVER ELECTRIC COOPERATIVE INC.

Supreme Court of South Carolina.

Decided October 9, 1989.

Attorney(s) appearing for the Case

Jeff D. Griffith, III, Charlotte, for appellant Duke Power Co.

Frank S. Potts, of Lewis, Lewis, Bruce and Potts, Columbia, for appellant Broad River Elec. Co-op., Inc.

Asst. General Counsel Marsha A. Ward, of Public Service Com'n of South Carolina, Columbia, for respondent Public Service Com'n of South Carolina.

Robert T. Bockman, of McNair Law Firm, Columbia, for respondent Board of Public Works, City of Gaffney, South Carolina.

Heard May 17, 1988.

Decided Oct. 9, 1989.

CHANDLER, Justice:

The Public Service Commission (PSC) issued an Order holding that the City of Gaffney (City), a supplier of electricity, was not required to obtain a Certificate of Public Convenience and Necessity (Certificate) to extend its electric service beyond corporate limits. From an affirmance by the Circuit Court, Duke Power Company (Duke) and Broad River Electric Cooperative (Co-op) appeal.

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