WINNSBORO – A Circuit Court judge declined to rule last week on a request by SCE&G to dismiss an injunction against the utility that was filed by the county.
The case came before Circuit Judge John C. Hays early in the day in the Fairfield County Courthouse. However, because the judge said he felt it was a complicated case, he wanted to think about it and deferred it until the end of the day.
When the case came up later in the afternoon, he once again declined to hear the case.
“I’m going to punt. I’m going to let another judge take this,” Hays said. “I think I’m going to contact the Supreme Court justice and ask that one judge be assigned to all SCE&G cases.”
“Other than that, there was not a whole lot of comment about our case,” Fairfield County Administrator Jason Taylor told The Voice. “It was not a ruling. He did not hear the case. He said he did not have the time to deal with this,” Taylor said.
“This is a prolonging of the process now, to have another judge hear it,” Taylor said.
The county filed the lawsuit on Nov. 21, 2017, against SCE&G/SCANA and any other necessary parties based upon SCE&G/SCANA’s failure to comply with the terms of the fee-in-lieu contract between SCE&G/SCANA and the county, and to also file a temporary restraining order to prevent SCE&G from abandoning the project and not protecting the assets at V.C. Summer.
“The council owes it to the citizens of our county to do whatever we can to recoup the financial losses created by SCE&G’s decision to abandon the project,” County Council Chairman Billy Smith said. “The county is not looking for any kind of financial windfall. We just hope that this litigation can get our county closer to the position it would have been in had SCE&G acted in good faith, diligently completed these projects and not chosen to abandon the construction of the plants.”
WINNSBORO – Last week attorneys for South Carolina Electric and Gas Company (SCE&G) argued in the Sixth Circuit Judicial Court for a change of venue for the lawsuit filed against them by Fairfield County.
Attorneys for Fairfield County argued that the trial should remain in the county where the incident (the abandonment of reactors two and three at V.C. Summers nuclear plant) occurred.
A decision from Judge Paul Burch is expected by next week.
Attorneys for SCE&G said in court that it would be necessary to move the trial to Lexington County since some county officials, including County Administrator Jason Taylor, Senator Mike Fanning and certain County Council members had poisoned the public by saying negative things about SCE&G which created the situation where the people of Fairfield could not be expected to rise to the level of giving a fair judgement.
The County’s attorneys argued, essentially, that the people of Fairfield County have a right to trial here in Fairfield County.
“Even if the trial is not held in Fairfield County where the plant is, by law it must be held in the circuit which includes Fairfield, Lancaster and Chester counties. Holding the trial in Lexington County is not an option,” McKensie said. “Legally it must be held in the county or at least in the circuit.”
WINNSBORO – South Carolina Electric and Gas Company has filed a motion for a change of venue for the lawsuit Fairfield County filed on Nov. 29, 2017 against the utility for a temporary injunction. The matter is to be heard on Thursday before Judge Paul Burch.
“SCE&G is asking to have the trial moved to Lexington County since they’re based in Cayce,” Fairfield County Administrator Jason Taylor told The Voice on Wednesday. “That would be more convenient for them, but we, of course, don’t want to do that. Fairfield is where the incident occurred, this is where we work and live and there would be many inconveniences for our council members if it were moved,” Taylor said.
Council members signed affidavits on Monday stating their particular inconveniences, health problems and other reasons why it would be difficult for them to travel to Lexington County for a trial.
“We’ve submitted the affidavits to our attorney, and he will submit them to the judge on Thursday,” Taylor said. “Hopefully, the judge will rule on Thursday, but at this point, we don’t know.”
WINNSBORO – Fairfield County faced off with attorneys for South Carolina Gas and Electric (SCE&G) last week in Common Pleas Court in Winnsboro before Sixth Judicial Circuit Judge Brian Gibbons.
Lawyers for the County called for the immediate issuance of a temporary injunction against SCE&G based on what the County says is the power company’s failure to comply with the terms of the County’s fee-in-lieu contract with SCE&G. The county also asked for an immediate, temporary restraining order to prevent SCE&G from abandoning the project at V.C. Summer nuclear plant and not protecting the assets at the plant.
Fairfield County’s Director of Economic Development, Ty Davenport, explains the economic impact of the VC Summer abandonment on the County.
At the heart of the County’s concern is getting access to the plant so it can assess all aspects of the property.
Terry Richardson, Jr. of Richardson, Patrick, Westbrook & Brickman law firm, one of two law firms representing the County in the lawsuit, said the County is only asking to hold the status quo until it can assess the property. He said the County has been trying to get access but that SCE&G hasn’t responded.
Judge Gibbons determined that it is the County’s right, according the Fee-in-Lieu agreement to have full access for the purpose of assessing the property.
Richardson said the County is eager to go in the following Monday (Dec. 18) to begin the assessment. Gibbons said he planned to have a ruling on Thursday, Dec. 21, and asked Richardson to have the evaluations and assessments back to him by Wednesday, Dec. 20.
“We were ready to take our county assessor, Randy Roberts, and a team of assessors from the State Department of Revenue in with us on Tuesday,” County Administrator Jason Taylor said on Wednesday. “But even though SCE&G promised to give us access, they have not given that access yet. We don’t know when we will be allowed in. A lot of things are happening in Columbia right now. We need to talk to the attorneys to see what the outcome of this thing is going to be. We were supposed to have the information back in to Judge Gibbons today (Wednesday, Dec. 20) and be back in to court for his ruling tomorrow, so I don’t know when that’s going to happen,” Taylor said.
Richardson said there is immediate concern, as well, that SCE&G is turning in its nuclear license for the two reactors, a $9 billion issue for this county.
“That would have tremendous ramifications for the County,” Richardson told the Court. “We want to get our County people out there evaluating that property and take a look at it, inspect and evaluate it. We need all that to be done before the license is turned back, before there is complete and total abandonment of the site. There may be pollution issues, permits may be needed,” Richardson said. “We want to hold the status quo.”
According to sources who asked not to be quoted, there is speculation that SCE&G could soon be turning its license over to Santee Cooper.
“The license is a huge asset and we want to slow the process down before they turn it in,” Taylor said. “We hope to work with the governor and the state for a good outcome.”
The County’s lawsuit alleges breach of contract, fraud negligent misrepresentation, breach of fiduciary duty and unfair trade practices. The County claims that SCE&G’s expressed intention to abandon the project and dispose of the properties, plus abandon regulatory permits and licenses by year’s end in order to gain a tax advantage, deprives the County of determining what potential tax and license fees could be due from the property within its jurisdiction and may leave dangerous or potentially dangerous conditions to the County’s citizens.
Judge Gibbons told attorneys for both parties that his ruling, when it is given, will be only temporary.
The McDonald McKenzie, Rubin Miller and Lybrand law firm is also representing the County.
