Berkeley Electric Cooperative, Inc. v. South Carolina Public Service Commission

Chandler, Justice:

Berkeley Electric Cooperative, Inc. (Co-op) appeals an Order allowing Respondent, South Carolina Electric and Gas Co., Inc. (SCE&G), to provide electric service to a Hardee’s restaurant, located on a parcel of property recently annexed to the town of Summerville.

We affirm.

FACTS

In July, 1987, Summerville annexed an undeveloped parcel of land situate within 300 feet of Co-op’s existing electric lines. Thereafter, Hardee’s owners, upon completion of the building, requested electric service from SCE&G. SCE&G, under an exclusive franchise agreement with the town of Summerville,…