PUBLIC UTILITIES - SOUTH CAROLINA

South Carolina Electric & Gas Company v. Whitfield

United States District Court, D. South Carolina, Columbia Division - July 26, 2018 - F.Supp.3d - 2018 WL 3587055

Electric and gas company brought § 1983 action against commissioners of the South Carolina Public Service Commission, in their official capacities, alleging that company’s rights under the Due Process Clause of the Fourteenth Amendment, the Bill of Attainder Clause, and the Takings Clause of the Fifth and Fourteenth Amendments were violated when the South Carolina General Assembly passed an Act and Resolution, modifying the process for establishing and appealing utility rates.

Legislators intervened as defendants. Commissioners and legislators moved to dismiss.

The District Court held that:



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