Supreme Court Rejects Friends of the Earth's Challenge to Base Load Review Order

"Without addressing all of the considerations SCE&G advanced to establish its need for the Facility in the Application, the record is replete with evidence from which the Commission could come to the conclusion that SCE&G's need was satisfactorily established.. The crux of Appellant's argument is that SCE&G is too small of a utility to be the guinea pig for these types of nuclear facilities, and that given the cost of capital estimates associated with projects of this magnitude, coupled with the downturn in the economy, the costs for this risky facility would ultimately be passed on to the SCE&G customers.  While this is a valid and noteworthy point, the Commission addressed each and every concern Appellant presented, over and above the findings it was required to make under section 58-33-270.   At the end of the day, the Commission, in a very thorough and reasoned order, determined SCE&G has appropriately established a need for the Facility, and thereafter approved SCE&G's proposed rate increases as reasonable costs to be passed on to the customers for the construction of the Facility.  Without a doubt, these determinations are supported by substantial evidence in the record."