DUKE ENERGY v. OFF. OF REG. STAFF

Opinion No. 28066.

434 S.C. 392 (2021)

864 S.E.2d 873

DUKE ENERGY CAROLINAS, LLC, Appellant-Respondent, v. SOUTH CAROLINA OFFICE OF REGULATORY STAFF, Hasala Dharmawardena, CMC Recycling, Cypress Creek Renewables, LLC, South Carolina Department of Consumer Affairs, Sierra Club, South Carolina Coastal Conservation League, South Carolina Energy Users Committee, South Carolina Solar Business Alliance, Inc., South Carolina State Conference of the National Association for the Advancement of Colored People, Upstate Forever, Vote Solar, and Walmart, Inc., Respondents, of whom South Carolina Energy Users Committee is Respondent-Appellant. and Duke Energy Progress, LLC, Appellant, v. South Carolina Office of Regulatory Staff, Nucor Steel-South Carolina, Cypress Creek Renewables, LLC, South Carolina Department of Consumer Affairs, Sierra Club, South Carolina Coastal Conversation League, South Carolina Energy Users Committee, South Carolina Solar Business Alliance, Inc., South Carolina State Conference of the National Association for the Advancement of Colored People, Upstate Forever, Vote Solar, and Walmart, Inc., Respondents.

Supreme Court of South Carolina.

Filed October 27, 2021.

Rehearing Denied February 1, 2022.


Attorney(s) appearing for the Case

Robert E. Stepp and Frank R. Ellerbe III , both of Robinson Gray Stepp & Laffitte, LLC, of Columbia; Sarah P. Spruill , of Haynsworth Sinkler Boyd, P.A., and Heather Shirley Smith , both of Greenville; and Thomas S. Mullikin , of Mullikin Law Firm, of Camden, all for Appellants-Respondents Duke Energy Carolinas, LLC and Duke Energy Progress, LLC.

Jeffrey M. Nelson , Jenny Rebecca Pittman , C. Lessie Hammonds , Andrew M. Bateman , Alexander W. Knowles , Christopher Michael Huber , and Steven W. Hamm , all of Columbia, and Wallace K. Lightsey , of Wyche Law Firm, of Greenville, all for Respondent South Carolina Office of Regulatory Staff; Scott Elliott , of Elliott & Elliott, P.A., of Columbia, for Respondent-Appellant South Carolina Energy Users Committee; Carolyn Grube Lybarker , of Columbia, and Laura Rebecca Dover , of York, both for Respondent South Carolina Department of Consumer Affairs; Alexander George Shissias , of The Shissias Law Firm, LLC, of Columbia, for Respondent CMC Recycling; Richard L. Whitt , of Whitt Law Firm, LLC, of Irmo, Stephanie Underwood Eaton and Carrie H. Grundmann , both of Spilman Thomas & Battle, PLLC, of Winston-Salem, North Carolina, and Derick P. Williamson , of Mechanicsburg, Pennsylvania, all for Respondents Cypress Creek Renewables, LLC, South Carolina Solar Business Alliance, Inc., and Walmart, Inc.; Bess Jones DuRant , of Sowell & DuRant, LLC, of Columbia, and Thadeus B. Culley , of Chapel Hill, North Carolina, both for Respondent Vote Solar; Robert Guild , of Robert Guild, Attorney at Law, of Columbia, and Bridget M. Lee , of Washington, D.C., both for Respondent Sierra Club; and Katherine Lee Mixson , of Southern Environmental Law Center, of Charleston, and Gudrun E. Thompson and David L. Neal , both of Chapel Hill, North Carolina, all for Respondents South Carolina Coastal Conservation League, Upstate Forever, and South Carolina State Conference of the National Association for the Advancement of Colored People.

Wm. Grayson Lambert and Bradley S. Wright , both of Burr & Forman, LLP, of Columbia, for Amicus Curiae South Carolina Farm Bureau Federation.


This case involves two consolidated cross-appeals from the Public Service Commission's (PSC) determinations regarding the most recent ratemaking applications filed by Duke Energy Carolinas, LLC (DEC) and Duke Energy Progress, LLC (DEP) (collectively, Duke or the two Duke entities).1 Each...

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