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.