SOUTH CAROLINA ELECTRIC & GAS COMPANY v. WHITFIELD

Civil Action No. 3:18-cv-01795-JMC.

South Carolina Electric & Gas Company, Plaintiff, v. Swain E. Whitfield, in his official capacity as Chairman of the South Carolina Public Service Commission; Comer H. Randall, in his official capacity as Commissioner of the South Carolina Public Service Commission; John E. Howard, in his official capacity as Commissioner of the South Carolina Public Service Commission; Elliott F. Elam, Jr., in his official capacity as Commissioner of the South Carolina Public Service Commission; Elizabeth B. Fleming, in her official capacity as Commissioner of the South Carolina Public Service Commission; Robert T. Bockman, in his official capacity as Commissioner of the South Carolina Public Service Commission; and G. O'Neal Hamilton, in his official capacity as Commissioner of the South Carolina Public Service Commission, Defendants.

United States District Court, D. South Carolina, Columbia Division.

July 18, 2018.

Editors Note
Applicable Law: 28 U.S.C. § 2201
Cause: 28 U.S.C. § 2201 Constitutionality of State Statute(s)
Nature of Suit: 950 Constitutional - State Statute
Source: PACER


Attorney(s) appearing for the Case

South Carolina Electric & Gas Company, Plaintiff, represented by Benjamin Palmer Carlton , Richardson Plowden and Robinson, George Craig Johnson , Johnson Toal and Battiste, IS Leevy Johnson , Johnson Toal and Battiste, Steven J. Pugh , Richardson Plowden and Robinson, David L. Balser , King and Spalding, pro hac vice & Jonathan R. Chally , King and Spalding, pro hac vice.

James H Lucas, "Jay" Speaker of the South Carolina House of Representatives, Movant, represented by Michael Joseph Anzelmo , SC House of Representatives, Robert E. Tyson, Jr. , Robinson Gray Stepp and Laffitte LLC & Vordman Carlisle Traywick , Robinson Gray Stepp and Laffitte LLC.

Hugh K Leatherman, Sr, "Senator Leatherman" in his official capacity as the President Pro Tempore of the South Carolina Senate, Movant, represented by Eric Bauman Amstutz , Wyche PA, John C. Moylan, III , Wyche Law Office & Matthew T. Richardson , Wyche Law Office.

Swain E Whitfield, in his official capacity as Chairman of the South Carolina Public Service Commission, Comer H Randall, in his official capacity as Commissioner of the South Carolina Public Service Commission, John E Howard, in his official capacity as Commissioner of the South Carolina Public Service Commission, Elliott F Elam, Jr, in his official capacity as Commissioner of the South Carolina Public Service Commission, Elizabeth B Fleming, in her official capacity as Commissioner of the South Carolina Public Service Commission, Robert T Bockman, in his official capacity as Commissioner of the South Carolina Public Service Commission & G O'Neal Hamilton, in his official capacity as Commissioner of the South Carolina Public Service Commission, Defendants, represented by John M. Reagle , Childs and Halligan.

Alan Wilson, Attorney General of South Carolina, Amicus, represented by James Emory Smith, Jr. , SC Attorney General's Office & Robert Dewayne Cook , SC Attorney General's Office.


ORDER AND OPINION

Before the court is a Motion to Intervene on behalf of the members ("Intervenor Customers") of a consolidated class from a suit in South Carolina state court, identified by Civil Action Number 2017-CP-25-335. (ECF No. 13.) For the reasons stated below, the court DENIES...

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