AG Wilson files brief to uphold SCE&G rate cut

(COLUMBIA, S.C.) – August 22, 2018 - Attorney General Alan Wilson has filed a brief to support dismissing SCE&G’s appeal of a ruling that temporarily cut ratepayers’ bills.

The attorney general’s brief argues that the U.S. Court of Appeals does not have jurisdiction to hear this case because of the Johnson Act, which ensures that federal courts have a “hands-off policy relative to ratemaking.”

The brief says, “The legislative history of the Johnson Act … makes clear that its purpose was to prevent public utilities from going to federal district court to challenge state administrative orders or to avoid state administrative and judicial proceedings.”

Federal District Judge Michelle Childs ruled recently that a temporary rate cut for SCE&G ratepayers could take effect. SCE&G has appealed that ruling to the U.S. Court of Appeals for the 4^th Circuit. Lawyers for South Carolina Senate President Pro Tempore Hugh Leatherman and South Carolina Speaker of the House Jay Lucas have filed a motion asking the Court of Appeals to dismiss SCE&G’s appeal.

Attorney General Wilson agrees with the legislature, arguing that these kinds of cases “belong in state court,” and supporting the motion to dismiss SCE&G’s appeal.