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HEATER OF SEABROOK v. PUBLIC SERV. COM'N

No. 24473.

324 S.C. 56 (1996)

478 S.E.2d 826

HEATER OF SEABROOK, INC., Appellant, v. The PUBLIC SERVICE COMMISSION OF SOUTH CAOLINA, Town of Seabrook Island, and South Carolina Department of Consumer Affairs, Respondents.

Supreme Court of South Carolina.

Decided August 12, 1996.

Rehearing Denied September 6, 1996.

Attorney(s) appearing for the Case

Darra W. Cothran, of Woodward, Cothran & Herndon, Columbia, for Appellant.

F. David Butler, Columbia, for Public Service Commission of South Carolina; Elliott F. Elam, Jr., Columbia, for Consumer Affairs; Stephen P. Groves, Michael A. Molony and Stephen L. Brown, all of Young, Clement, Rivers & Tisdale, Charleston, for Town of Seabrook Island, all Respondents.

TOAL, Justice:

In this rate case, Appellant Heater of Seabrook, Inc. ("Heater") appeals the circuit court's order affirming the Public Service Commission's denial of Heater's request for an increase in its water and sewer rates. We reverse, finding the Public Service Commission ("Commission" or "PSC") abused its discretion in several respects.

FACTUAL/PROCEDURAL BACKGROUND

Heater is a utility company providing...

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