Supreme Court of South Carolina

Daufuskie v. SC Office of Regulatory Staff

August 30, 2023

Summary

The Supreme Court of South Carolina affirmed the Public Service Commission’s denial of Daufuskie Island Utility Company’s request for a reparations surcharge, holding that a utility may collect higher rates during the pendency of an appeal only by securing an appellate bond or by making other arrangements satisfactory to the Commission as provided in S.C. Code §58-5-240(D). The Court also affirmed that the refund ordered in the second PSC decision is law of the case and therefore must be upheld.