South Carolina utility wants lawsuit tossed out of court - FOX Carolina 21

South Carolina utility wants lawsuit tossed out of court

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COLUMBIA, S.C. (AP) - Attorneys for South Carolina Electric & Gas Co. want a Circuit Court judge to dismiss a lawsuit challenging the company's charging of ratepayers for two nuclear reactors it stopped building last year.

Media outlets reported Circuit Judge John Hayes heard arguments Monday on whether the courts should consider lawsuits challenging the payments or have those questions referred to utility regulators.

SCE&G attorneys told Hayes a 2007 law allowing utilities to charge up front for the reactors states that any questions should be heard by the Public Service Commission.

But lawyers for a customer challenging the charges as well as the South Carolina attorney general's office say the 2007 law is probably unconstitutional and unfairly favors utilities over ratepayers.

Hayes did not indicate when he would make a decision.

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