A federal judge partially dismissed SCANA’s lawsuit against South Carolina energy regulators on Thursday, but gave the utility holding company a chance to re-file with changes.
District Judge Michelle Childs ruled SCANA needed to outline specific ways it was harmed when regulators voted to temporarily slash its electric rates earlier this summer in response to the V.C. Summer debacle. The lower rates would be in effect until the state Public Service Commission has a chance to decide how much SCANA customers should continue to pay for debt on the abandoned project. But the judge said
SCANA argued the change was unconstitutional and “interferes with interstate commerce” because it built the ill-fated nuclear expansion under a 2007 law which allowed it to charge customers for construction debt repayment.
But Childs said the company argued on ideological grounds without showing how it would be harmed by the lower rate. “Because SCE&G fails to plead any allegations against Defendants specifically; the court grants Defendants’ Motion to Dismiss,” Childs stated in her order.
She gave SCANA until 3 p.m. Friday to re-file another complaint outlining the specific accusations against members of the Public Service Commission.