Duke Power Co. v. South Carolina Public Service Commission

Harwell, Justice:

This is a utility rate case involving the interpretation of a contract between Respondent Greenwood County and Appellant Duke Power Company and the constitutionality of the special enabling legislation. The trial judge held the contract enforceable against Duke and the Act constitutional. We affirm.

Greenwood County owned and operated a hydroelectric facility near Buzzard Roost on the Saluda River from 1940 until 1966. See Taylor v. Davenport, 281 S. C. 497, 316 S. E. (2d) 389 (1984). In 1965, the Greenwood County Electric Power Commission recognized the need to increase its…