SOUTH CAROLINA ELECTRIC & GAS COMPANY, Appellant
v.
BERKELEY ELECTRIC COOPERATIVE, INC., Electric Cooperatives of South Carolina, Citizen for Cooperative Power, South Carolina Public Service Authority, and South Carolina Public Service Commission, Respondents.
Supreme Court of South Carolina.https://leagle.com/images/logo.png
Heard October 9, 1991.
Decided November 12, 1991.
Rehearing Denied December 16, 1991.
Attorney(s) appearing for the Case
Belton T. Zeigler, of Lewis, Babcock, Pleicones & Hawkins, James B. Richardson, Jr. of Svalina, Richardson & Smith, Columbia, for appellant.
John B. Williams of Williams and Landis, Moncks Corner, Thomas S. Tisdale, Jr. and Michael A. Molony of Young, Clement, Rivers & Tisdale, Charleston, for respondent, Berkeley Elec. Co-op., Inc.
E. Crosby Lewis of Lewis Lide, Bruce & Potts, P.A., C. Pinckney Roberts of Cent. Elec. Co-op., Inc., Columbia, for respondent, Elec. Cooperatives of S.C. Inc.
Robert E. Kneece of Kneece, Kneece & Brown, Columbia, for respondent, Citizens for Co-op. Power.
Marsha A. Ward and F. David Butler of S.C. Public Service Com'n, Columbia, for respondent, South Carolina Public Service Com'n.
Arthur L. Coleman and Dwight F. Drake of Nelson, Mullins, Riley & Scarborough, Columbia, for respondent, South Carolina Public Service Authority.
Steven W. Hamm, Raymon E. Lark, Jr. and Carl F. McIntosh of S.C. Dept. of Consumer Affairs, Columbia, for amicus curiae, Consumer Advocate for the State of S.C.
James M. Brailsford, III and Frank R. Ellerbe, III of Robinson, McFadden & Noore, P.C., Columbia, for amicus curiae, South Carolina Mun. Ass'n.
Supreme Court of South Carolina.
Heard Oct. 9, 1991.
Decided Nov. 12, 1991.
Rehearing Denied Dec. 16, 1991.
HARWELL, Justice:
Appellant South Carolina Electric & Gas Co., Inc. (SCE&G) appeals an order giving Respondent Berkeley Electric Cooperative, Inc. (Berkeley) an exclusive franchise to provide electric service to areas of Johns Island which were annexed to the City of Charleston (City), and requiring SCE&G to remove its electrical facilities from these areas...
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