Moody v. City of Orangeburg
Moody v. City of Orangeburg
Opinion of the Court
This is an appeal from the Master’s order denying Appellant (Moody) an additional rate refund from Respondent (Orange-burg) and denying certification of this matter as a class action. We affirm.
FACTS
Orangeburg owns and operates its own electric utility system and purchases electricity wholesale from the South Carolina Electric and Gas company, Inc. (SCE&G) for resale to its retail customers. Although the wholesale rates which SCE&G charges Orangeburg are regulated by the Federal Energy Regulatory Commission (FERC), neither FERC nor the South Carolina Public Service Commission (PSC) has any jurisdiction over the rates Orangeburg charges.
An audit of SCE&G by FERC revealed that Orangeburg had been overcharged by SCE&G for energy costs during the test phase of a nuclear power plant from November 15, 1982 until December 31,1983. Although the rates charged were approved by the PSC, special fuel cost rates apply during testing periods. Since the rates Orangeburg paid were miscalculated, FERC ordered SCE&G to refund to Orangeburg $3,917,021.27, consisting of $2,010,034.56 in principal and $1,906,986.71 in interest. Orangeburg refunded the principal portion as a prospective rate reduction to its current customers’ utility bills for August 1990 through July 1991 and applied the interest portion to capital improvements with the goal of lowering future electric rates.
During the test phase, Moody received electric service under a contract with Orangeburg. Moody terminated his
The Master held that since Orangeburg had complete discretion to determine the disbursal of the refund, neither Moody nor the original ratepayers were entitled to additional rate relief or a refund. The Master further determined that Moody was not an appropriate representative of the class and declined to certify this matter as a class action.
ISSUE
Did the Master err by determining that the original ratepayers were not entitled to a refund?
DISCUSSION
Moody contends that the original ratepayers are entitied to the principal and interest refunded to Orange-burg from SCE&G and that he was an appropriate representative of the class. We disagree.
Article VIII, Section 16 of the South Carolina Constitution specifically authorizes any municipality to own and operate electric utilities. The furnishing of electricity by a municipality is a governmental function,
In SCE&G v. Pub. Serv. Comm’n,
Moody cites Hamm v. Central States Health and Life Co. of Omaha
Moody next contends that he has a contractual right to the refund and relies upon a provision in the contract between him and Orangeburg which states that the customer is entitled to a refund where overcharges result from “a misapplied schedule, an error in reading the meter, a skipped meter reading, or any other human or machine error.” We conclude that this provision pertains to clerical errors and not to the application of lawfully established rates.
Under these facts and circumstances, we conclude that Orangeburg had broad- — but not unlimited — discretion when managing the electric utility, and Moody has not established that the allocation of the refund was arbitrary, capricious, or fraudulent. Accordingly, we find that Orangeburg acted reasonably and did not abuse its discretion by applying the refund prospectively.
Moody’s class action argument is without merit and is disposed of pursuant to Rule 220(b)(1), SCACR, and the following authorities: Waller v. Seabrook Island Property Owners Assoc., 300 S.C. 465, 388 S.E. (2d) 799 (1990); Rule 23(a), SCRCP.
Affirmed.
Looper v. Easley, 172 S.C. 11, 15, 172 S.E. 705, 706 (1934), overruled on other grounds, McCall v. Batson, 285 S.C. 243, 329 S.E. (2d) 741 (1985).
SCE&G v. South Carolina Pub. Serv. Auth., 215 S.C. 193, 212, 54 S.E. (2d) 777, 785 (1949), citing Schroeder v. O’Neill, 179 S.C. 310, 322, 184 S.E. 679, 684 (1935).
275 S.C. 487, 272 S.E. (2d) 793 (1980).
299 S.C. 500, 386 S.E. (2d) 250 (1989).
449 U.S. 155, 101 S.Ct. 446, 66 L.Ed. (2d) 358 (1980) (when there is a legal obligation to refund principal, interest must also be refunded).
Reference
- Full Case Name
- Robert E. MOODY, as Class Representative of the Electric Utility Ratepayers in Orangeburg City and County, State of South Carolina v. CITY OF ORANGEBURG and the Department of Public Utilities of the City of Orangeburg
- Cited By
- 1 case
- Status
- Published