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

No. 25053.

338 S.C. 164 (2000)

525 S.E.2d 866

Philip S. PORTER, Consumer Advocate for the State of South Carolina, Appellant, v. SOUTH CAROLINA PUBLIC SERVICE COMMISSION, Alltel South Carolina, Inc., Bluffton Telephone Company, Inc., Chester Telephone Company, Farmers Telephone Cooperative, Inc., Fort Mill Telephone Company, GTE South, Inc., Hargray Telephone Company, Inc., Home Telephone Company, Inc., Horry Telephone Cooperative, Inc., Lancaster Telephone Company, Lockhart Telephone Company, McClellanville Telephone Company, Norway Telephone Company, Palmetto Rural Telephone Cooperative, Inc., Piedmont Rural Telephone Cooperative, Inc., Pond Branch Telephone Company, Ridgeway Telephone Company, Rock Hill Telephone Company, Sandhill Telephone Cooperative, Inc., St. Stephen Telephone Company, and West Carolina Rural Telephone Cooperative, Inc., Respondents.

Supreme Court of South Carolina.

Decided January 24, 2000.

Rehearing Denied March 9, 2000.

Attorney(s) appearing for the Case

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

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

M. John Bowen, Margaret M. Fox, and Robert T. Bockman, all of McNair Law Firm, P.A., of Columbia, for respondent Telephone Companies.

MOORE, Justice:

This is a telephone rate case. The Consumer Advocate appeals on the ground rate increases were ordered without adequate notice to the public. We reverse and remand.

FACTS

In May 1996, the legislature enacted S.C.Code Ann. § 58-9-280(L) and (M) (Supp.1998) to facilitate the change to a competitive market for local telephone services. This legislation would enable incumbent local exchange carriers to lower their intrastate toll...

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