Pee Dee Electric Cooperative, Inc. v. Carolina Power & Light Co.

Harwell, Justice:

Appellant initiated this declaratory judgment action to ascertain the constitutionality of S. C. Code Ann. § 58-27-620(2)(4) (1976). The circuit court dismissed the case for lack of a justiciable controversy. We affirm.

Both appellant and respondent furnish electricity in Florence County, appellant as an electric cooperative corporation and respondent as an electric utility corporation. Pursuant to S. C. Code Ann. § 58-27-640, the Public Service Commission assigned some Florence territory to appellant and some to the respondent. The Hanes Corporation, through its L’eggs…