Filing: Law allowing utility increases is unconstitutional
COLUMBIA, S.C. (AP) – A filing by the state attorney general’s office says a law that allowed South Carolina Electric and Gas Co. to increase customers’ bills nine time for two failed nuclear reactors is unconstitutional.
The State newspaper in Columbia reports it’s the first time the office has said the 2007 law known as the Base Load Review Act is unconstitutional. Previously, the office had described the 2007 law as “constitutionally suspect.”
The filing was made Friday to state Circuit Court Judge John Hayes, who’s presiding over a ratepayers’ lawsuit against the utility.
Ratepayer LeBrian Cleckley filed that lawsuit, which says it’s on behalf of more than 700,000 SCE&G; ratepayers.
Utility officials repeatedly have said the law is legal, adding they will fight lawsuits arising from the failure of the nuclear project.