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PORTER v. S.C. PUBLIC SERVICE COM'N

No. 24847.

333 S.C. 12 (1998)

507 S.E.2d 328

Philip S. PORTER, Consumer Advocate for the State of South Carolina, Respondent/Appellant, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION and BellSouth Telecommunications, Inc., of which South Carolina Public Service Commission is Respondent, and BellSouth Telecommunications is Appellant/Respondent. South Carolina Public Communications Association, Petitioner, v. South Carolina Public Service Commission and BellSouth Telecommunications, d/b/a Southern Bell Telephone and Telegraph Co., of which South Carolina Public Service Commission is Respondent, and BellSouth Telecommunications is Appellant/Respondent.

Supreme Court of South Carolina.

Decided October 26, 1998.

Attorney(s) appearing for the Case

Caroline N. Watson, Robert A. Culpepper, Harry M. Lightsey, III, and William F. Austin, all of Columbia, and John Hamilton Smith of Charleston, for BellSouth Telecommunications, Inc.

Philip S. Porter, Nancy Vaughn Coombs, and Elliott F. Elam, Jr., all of Columbia, for Consumer Advocate for the State of South Carolina.

F. David Butler, of Columbia, for South Carolina Public Service Commission.

WALLER, Justice:

This is a utility rate case. We affirm in part and reverse in part.

PROCEDURAL POSTURE

The South Carolina Public Service Commission (PSC) reviewed BellSouth Telecommunication's (BellSouth's) earnings in 1994, a test year used to determine future rates. Based on that review, PSC adjusted certain revenues and expenses of BellSouth and ordered the company to reduce its future rates by...

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