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

No. 24833.

332 S.C. 93 (1998)

504 S.E.2d 320

Philip S. PORTER, Consumer Advocate for the State of South Carolina, Appellant, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION and Piedmont Natural Gas Company, Respondents.

Supreme Court of South Carolina.

Decided August 31, 1998.

Attorney(s) appearing for the Case

Phillip S. Porter, Nancy Vaughn Coombs, and Hana Pokorna-Williamson, all of the South Carolina Department of Consumer Affairs, Columbia, for appellant.

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

Dwight Drake and John E. Schmidt, both of Nelson Mullins Riley & Scarborough, Columbia and Jerry W. Amos, of Amos & Jeffries, L.L.P., Greensboro, NC, for respondent Piedmont Natural Gas Company.

FINNEY, Chief Justice:

The Consumer Advocate appeals the circuit court order affirming the Public Service Commission's (PSC) order in this utility rate case. We reverse in part and affirm in part.

ISSUE I

Did the circuit court err in upholding the PSC's inclusion of Demand Side Management (DSM) costs in Piedmont's expenses?

ANALYSIS

Piedmont Natural Gas Co. (Piedmont) filed a request on May 8, 1995, for an increase in rates and...

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