Duke Power Co. v. Public Service Commission

I respectfully dissent. Our appellate review of this administrative decision is limited to a determination of whether the Commission’s decision declining to require the City of Gaffney to apply for a Certificate of Public Convenience and Necessity was supported by substantial evidence. Substantial evidence under S. C. Code Ann. § l-23-380(g)(5) (Law Coop 1976) is neither a mere scintilla of evidence nor evidence viewed blindly from one side of a case, but rather is evidence which, considering the record as a whole, would allow reasonable minds to reach the conclusion that the administrative…