SCE&G sues SC regulators

Lawsuit: Lawmakers violated Constitution

Posted 7/31/18

SC Electric & Gas is not suing lawmakers it says violated the US Constitution.

Its lawyers are suing regulators who are required to enforce new state laws to:

• Cut SCE&G rates 15% …

This item is available in full to subscribers.

Subscribe to continue reading. Already a subscriber? Sign in

Get 50% of all subscriptions for a limited time. Subscribe today.

You can cancel anytime.
 

Please log in to continue

Log in

SCE&G sues SC regulators

Lawsuit: Lawmakers violated Constitution

Posted

SC Electric & Gas is not suing lawmakers it says violated the US Constitution.
Its lawyers are suing regulators who are required to enforce new state laws to:
• Cut SCE&G rates 15% of the 18% allowed by law.
• Repay ratepayers for almost $2 billion in charges.
SCE&G is making good its promise to sue if lawmakers repealed the law and cut rates it has charged ratepayers for 10 years for a $9 billion nuclear fiasco. 
The Chronicle has asked SCE&G why it did not sue the House, Senate and Office of Regulatory Staff, too.
The rates give SCE&G $37 million a month for a project that will not give ratepayers promised savings.
Lawmakers and regulators say SCE&G executives lied to them and hid evidence of their mismanagement.
Being sued are Public Service Commissioners Elliott Elam, Jr. of Lexington, Comer Randall, Swain Whitfield, John Howard, O’Neal Hamilton and Thomas Ervin.
SCE&G wants a federal district court in Columbia to stop regulators from ordering it to lower rates 15%.
The Lexington County-based company charges the PSC, acting under state law, violated the Constitution. 
The lawsuit reads:
• “SCE&G invested billions of dollars in constructing two new nuclear power facilities in reliance on a South Carolina statute.” 
• The Base Load Review Act was designed to encourage investment in new clean energy by promising utilities that if investments were “prudently incurred,” the associated costs could be recovered in their rates. 
Several lawsuits against SCE&G charge the company was not “prudent” and let its contractors run up costs.
• “Bowing to extreme political pressure,” state lawmakers wish they had not enacted the BLRA and through two new laws seek to “punish SCE&G by retroactively eliminating all rate increases since 2010.”
• The law strips SCE&G of its rights, violating constitutional principles prohibiting the government from “uncompensated takings” without due process.
“If the court does not grant immediate relief, SCE&G will suffer massive and irreparable harm, including millions of dollars in damages that cannot be recovered, a substantial loss of goodwill and other permanent injuries.”

SCE&G, Sce&g ratepayers, Nuke Fiasco Aftermath, nuclear, nuke

Comments

No comments on this item Please log in to comment by clicking here