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ENERGY USERS v. PUBLIC SERVICE COM'N

No. 26856.

388 S.C. 486 (2010)

697 S.E.2d 587

SOUTH CAROLINA ENERGY USERS COMMITTEE, Appellant, v. The SOUTH CAROLINA PUBLIC SERVICE COMMISSION, 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 August 9, 2010.

Attorney(s) appearing for the Case

Scott Elliott , of Elliott & Elliott, of Columbia, for Appellant.

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

Justice HEARN:

In this appeal, the South Carolina Public Service Commission ("Commission") determined South Carolina Electric & Gas Company ("SCE&G") was entitled to recover contingency costs under the Base Load Review Act.1 We reverse.

FACTUAL/PROCEDURAL BACKGROUND

In 2005, SCE&G identified the need for additional base load power plants2

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