Tuesday, April 6, 2010

South Carolina Supreme Court to Hear Arguments on Application of Base Load Review Act

Oral arguments at 10:00am this morning in South Carolina Energy Users Committee v. The South Carolina Public Service Commission, South Carolina Electric & Gas, and Office of Regulatory Staff.

The South Carolina Public Service Commission (Commission) approved SCE&G's Application for a Certificate of Environmental Compatibility and Public Convenience and Necessity and for a Base Load Review Order to construct and operate a nuclear facility in Jenkinsville.

The Baseload Review Act, enacted in 2007, requires the Commission to review and approve certain generating facilities proposed by investor owned utilities (of which SCE&G is one) that are going to serve retail customers in South Carolina.

The issue before the Court, raised by the South Carolina Energy Users Committee, is whether the Commission lacked the authority under the Base Load Review Act ("Act") to approve capital cost contingencies and include them in the forecast of the anticipated capital costs.