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DUKE POWER CO. v. PUBLIC SERVICE COM'N

No. 25241.

343 S.C. 554 (2001)

541 S.E.2d 250

DUKE POWER COMPANY, n/k/a Duke Power, a division of Duke Energy Corporation, Appellant, v. The PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, and Blue Ridge Electric Cooperative, Inc., Respondents.

Supreme Court of South Carolina.

Decided January 24, 2001.

Rehearing Denied February 21, 2001.

Attorney(s) appearing for the Case

Richard L. Whitt, of Austin, Lewis & Rogers, of Columbia, and Jefferson D. Griffith, III, of Duke Power, of Charlotte, North Carolina, for appellant.

F. David Butler, of the Public Service Commission, and Steven W. Hamm and Mary Sowell League, of Richardson, Plowden, Carpenter & Robinson, all of Columbia, for respondents.

BURNETT, Justice:

This is an appeal from an order of the Circuit Court affirming the order of the Public Service Commission (Commission) ordering Duke Power Company n/k/a Duke Power, a division of Duke Energy Corporation (Duke) to cease and desist from attempting to provide power to the Nason Corporation (Nason), a new construction located within territory assigned to Blue Ridge Electric Cooperative, Inc. (Blue Ridge). We affirm.

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