Carolina Power & Light Co. v. City of Bennettsville

Bristow, Acting Associate Justice:

Carolina Power and Light, Inc. (Carolina) contends that the trial judge erred in ruling that the Rural Electric Cooperative Act, S.C. Code Ann. § 33-49-10 to -1330, does not prohibit Marlboro Electric Cooperative, Inc. (Marlboro) from selling electric power to the City of Bennettsville (Bennettsville). We disagree and affirm.

I. FACTS

Bennettsville is a municipal corporation with a population of 9,345 that owns and operates its own electric utility. Since 1951, Bennettsville has purchased electricity at wholesale from Carolina, an investor-owned utility, and…