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MOODY v. CITY OF ORANGEBURG

No. 24280.

460 S.E.2d 374 (1995)

Robert E. MOODY, as Class Representative of the Electric Utility Ratepayers in Orangeburg City and County, State of South Carolina, Appellant, v. CITY OF ORANGEBURG and the Department of Public Utilities of the City of Orangeburg, Respondent.

Supreme Court of South Carolina.

Decided July 24, 1995.

Attorney(s) appearing for the Case

A. Camden Lewis and Pete Kulmala, Lewis, Babcock & Hawkins, Columbia, for appellant.

James M. Brailsford, III, and Durham T. Boney, Robinson, McFadden & Moore, P.C., Columbia, for respondent.

BURNETT, Justice.

This is an appeal from the Master's order denying Appellant (Moody) an additional rate refund from Respondent (Orangeburg) and denying certification of this matter as a class action. We affirm.

FACTS

Orangeburg owns and operates its own electric utility system and purchases electricity wholesale from the South Carolina Electric and Gas Company, Inc. (SCE & G) for resale to its retail customers. Although the

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