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FRIENDS OF EARTH v. PUBLIC SERV. COM'N

No. 26811.

387 S.C. 360 (2010)

692 S.E.2d 910

FRIENDS OF the EARTH, Appellant, v. The PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, South Carolina Electric & Gas, and Office of Regulatory Staff, of whom South Carolina Electric & Gas, and Office of Regulatory Staff are Respondents. In re Combined Application of South Carolina Electric & Gas Company for a Certificate of Environmental Compatibility and Public Convenience and Necessity and for a Base Load Review Order for the Construction and Operation of a Nuclear Facility in Jenkinsville, South Carolina.

Supreme Court of South Carolina.

Decided April 26, 2010.

Attorney(s) appearing for the Case

Robert Guild, of Columbia, for Appellant.

Belton T. Zeigler and Lee E. Dixon, both of Pope Zeigler, LLC, Florence P. Belser, Nanette S. Edwards and Shannon Bowyer Hudson, all of Office of Regulatory Staff, James B. Richardson, Jr., Mitchell Willoughby and Tracey Green, both of Willoughby & Hoefer, all of Columbia, and K. Chad Burgess, and Catherine D. Taylor, both of SC Electric & Gas Co., of Cayce, for Respondents.

Justice HEARN:

Friends of the Earth (Appellant) appeals from the order of approval issued by the Public Service Commission (Commission) of the combined application of South Carolina Electric & Gas Company (SCE & G) to construct and operate an additional two-unit nuclear facility, as well as to revise its rates to reflect the cost of capital applied to the project. We affirm.

FACTUAL/PROCEDURAL BACKGROUND

In May of 2008, SCE & G filed...

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