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

No. 24936.

335 S.C. 157 (1999)

515 S.E.2d 923

Philip S. PORTER, Consumer Advocate for the State of South Carolina, Appellant, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION and BellSouth Telecommunications, Inc., Respondents. AT & T Communications of the Southern States, Inc., Petitioner, v. Public Service Commission of South Carolina and BellSouth Telecommunications, Inc., Respondents. South Carolina Cable Television Association, Appellant, v. Public Service Commission of South Carolina and BellSouth Telecommunications, Inc., d/b/a Southern Bell Telephone and Telegraph Company, Respondents.

Supreme Court of South Carolina.

Decided April 19, 1999.

Rehearing Denied May 27, 1999.

Attorney(s) appearing for the Case

Philip S. Porter, Nancy Vaughn Coombs, and Elliott F. Elam, Jr., of S.C. Dept. of Consumer Affairs, of Columbia, for appellant Consumer Advocate.

Frank R. Ellerbe, III, of Robinson, McFadden & Moore, of Columbia; and Christopher W. Savage, of Cole, Raywid & Braverman, of Washington, D.C., for appellant South Carolina Cable Television Association.

Caroline N. Watson, Robert A. Culpepper, and Harry M. Lightsey, III, of BellSouth Telecommunications, Inc.; William F. Austin, of Austin, Lewis & Rogers; Dwight F. Drake, of Nelson, Mullins, Riley & Scarborough; and Steven W. Hamm, of Richardson, Plowden, Carpenter & Robinson, all of Columbia; and John Hamilton Smith, of Charleston, for respondent BellSouth Telecommunications, Inc.

F. David Butler, of S.C. Public Service Commission, of Columbia, for respondent Public Service Commission.

MOORE, Acting Chief Justice:

This is a rate case. Respondent BellSouth Telecommunications, Inc. (Company) applied for approval of a proposed Consumer Price Protection Plan (the Plan) as an alternative means of regulation pursuant to S.C.Code Ann. § 58-9-575 (Supp.1997). Respondent South Carolina Public Service Commission (PSC) approved the Plan with some modifications. Appellants, the Consumer Advocate and South Carolina Cable Television Association, appealed...

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