United Tel. Co. of Carolinas v. South Carolina Public Service Commission, 19996

Decision Date15 April 1975
Docket NumberNo. 19996,19996
Citation213 S.E.2d 738,264 S.C. 212
CourtSouth Carolina Supreme Court
PartiesUNITED TELEPHONE COMPANY OF the CAROLINAS, INC., Appellant, v. The SOUTH CAROLINA PUBLIC SERVICE COMMISSION et al., Respondents, and City of Greenwood, et al.

Burns, McDonald, Bradford, Erwin & Patrick, Greenwood, for appellant.

Atty. Gen. Daniel R. McLeod, and Asst. Atty. Gen. M. John Bowen, Jr., Columbia, for respondents S.C. Public Service Commission and others.

PER CURIAM:

United Telephone Company of the Carolinas, Inc., the appellant herein, on September 23, 1972, made application to the South Carolina Public Service Commission, the respondent herein, for an increase in its monthly rates and charges for local exchange services and non-recurring charges in its South Carolina telephone exchanges. After hearings before the respondent, a portion of the rate relief requested was granted by it, and the appellant subsequently filed a petition for a rehearing which was denied.

The appellant, being dissatisfied with the order of the respondent, did, pursuant to Section 58--471 of the Code, commence this action in the Court of Common Pleas for Richland County against the respondent, joining other interested parties as defendants, to vacate or set aside such order on the ground that it was unlawful and unreasonable, and to remand this case to the respondent for further consideration.

This case came on to be heard before the Honorable John Grimball, Judge of the Court of Common Pleas for Richland County, who, by his order of August 12, 1973, affirmed the order of the respondent. Due notice of intention to appeal from such order was filed.

The appellant, by its exception, has posed a number of questions. However, we will consider only the question of whether the findings of the Commission were in sufficient detail to enable us to determine the controverted question presented and whether proper weight was given to the evidence.

At the conclusion of a hearing concerning a telephone company, Section 58--456 of the Code requires the Commission to set out in its order the specific findings upon which such order is based. We quote from the statute as follows:

'After the conclusion of a hearing the Commission shall make and file its findings and order with its opinion, if any. Its findings shall be in sufficient detail to enable a court on review to determine the controverted question presented by the proceeding and whether proper weight was given to the...

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2 cases
  • Palmetto Alliance, Inc. v. South Carolina Public Service Com'n
    • United States
    • South Carolina Supreme Court
    • June 8, 1984
    ...to enable this Court on review to comprehend what the Commission did and why it was done. United Tel. Co. of Carolinas v. S.C. Pub. Service Comm'n, 264 S.C. 212, 213 S.E.2d 738, 739 (1975); State Board of Medical Examiners v. Gandy, 248 S.C. 300, 149 S.E.2d 644, 645 THE COMMISSION'S PROCEDU......
  • Southern Bell Tel. & Tel. Co. v. Public Service Commission
    • United States
    • South Carolina Supreme Court
    • April 12, 1978
    ...to enable a reviewing court to determine if its conclusions are supported in law, logic and fact. United Tel. Co. v. S. C. Public Service Comm., 264 S.C. 212, 213 S.E.2d 738 (1975). The "test year" in this case terminated on March 31, 1976, and it was necessary to make adjustments to the te......

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