South Carolina Electric & Gas Co. v. Berkeley Electric Cooperative, Inc.

Harwell, Justice:

Appellant South Carolina Electric & Gas Co., Inc. (SCE&G) appeals an order giving Respondent Berkeley Electric Cooperative, Inc. (Berkeley) an exclusive franchise to provide electric service to areas of Johns Island which were annexed to the City of Charleston (City), and requiring SCE&G to remove its electrical facilities from these areas. We reverse.

I. FACTS

In 1988, the City annexed parts of Berkeley’s assigned territory on Johns Island. Thereafter, Berkeley went before Charleston City Council seeking a nonexclusive franchise al lowing it to serve alongside SCE&G in the…