HAMM v. PUBLIC SERVICE COMMISSION OF S.C.

23764

310 S.C. 13 (1992)

425 S.E.2d 28

Steven W. HAMM, Consumer Advocate for the State of South Carolina, Respondent v. PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, South Carolina Pipeline Corporation, and South Carolina Electric & Gas Company, Appellants; PIEDMONT NATURAL GAS COMPANY, INC., Respondent v. PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, South Carolina Pipeline Corporation, and South Carolina Electric & Gas Company, Appellants; SOUTH CAROLINA ENERGY USERS COMMITTEE, Respondent v. PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, South Carolina Pipeline Corporation, and South Carolina Electric & Gas Company, Appellants.

Supreme Court of South Carolina.

Decided December 14, 1992.

Rehearing Denied January 20, 1993.


Attorney(s) appearing for the Case

Commission Counsel Marsha A. Ward and Gayle B. Nichols, Columbia, for appellant Public Service Com'n of South Carolina.

Belton T. Zeigler, of Lewis, Babcock & Hawkins; Corporate Counsel H. Thomas Arthur; Mitchell M. Willoughby and Braxton Craig Collins, Columbia, for appellant South Carolina Pipeline Corp.

Robert T. Bockman and Elizabeth F. Mallin, of the McNair Law Firm, P.A., Columbia, for appellant South Carolina Elec. & Gas Co.

South Carolina Dept. of Consumer Affairs Counsel Steven W. Hamm, Raymon E. Lark, Jr., and Elliott F. Elam, Jr., Columbia, for respondent Consumer Advocate.

Rex L. Carter and Jefferson V. Smith, Jr., of Carter, Smith, Merriam, Tapp, Rogers & Traxler, Greenville, and Jerry W. Amos, of Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., for respondent Piedmont Natural Gas Co., Inc.

Arthur G. Fusco, of Sherill and Rogers, P.C., Columbia, for respondent South Carolina Energy Users Committee.

Corporate Counsel Miriam A. Swydan and David J. Muchow, Arlington, Va., and Michael S. Church, of Turner, Padget, Graham & Laney, P.A., Columbia, for amicus curiae The American Gas Ass'n.


Heard Feb. 3, 1992;

Decided Dec. 14, 1992.

Reh. Den. Jan. 20, 1993.

FINNEY, Judge:

This is an appeal from a circuit court order reversing and remanding orders of the South Carolina Public Service Commission, which permitted a levelized surcharge based upon a combination of both the volumetric and deficiency-based systems to recover from retail gas customers take-or-pay charges incurred at the wholesale level. We affirm in part and reverse in...

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