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BERKELEY ELECTRIC CO-OP. v. S.C. PSC

23340

304 S.C. 15 (1991)

402 S.E.2d 674

BERKELEY ELECTRIC COOPERATIVE, INC., Appellant v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION and the South Carolina Electric & Gas Co., Inc., Respondents.

Supreme Court of South Carolina.

Decided February 4, 1991.

Attorney(s) appearing for the Case

E. Crosby Lewis and Margaret B. Seymour of Lewis, Lide, Bruce & Potts, P.A., Columbia, and John B. Williams, Moncks Corner, for appellant.

Belton T. Zeigler of Lewis, Babcock, Pleicones & Hawkins, Columbia, for respondent, South Carolina Elec. & Gas Co., Inc.

Sarena D. Burch of S.C. Public Service Com'n, Columbia, for respondent S.C. Public Service Com'n.

James M. Brailsford, III, and Frank R. Ellerbe, III of Robinson, McFadden & Moore, P.C., Columbia, for amicus curiae, S.C. Municipal Ass'n.

Heard Dec. 14, 1990.

Decided Feb. 4, 1991.

CHANDLER, Justice:

Berkeley Electric Cooperative, Inc. (Co-op) appeals an Order allowing Respondent, South Carolina Electric and Gas Co., Inc. (SCE&G), to provide electric service to a Hardee's restaurant, located on a parcel of property recently annexed to the town of Summerville.

We affirm.

FACTS

In July, 1987, Summerville annexed an...

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