Daufuskie Island v. SC Office of Regulatory Staff

Syllabus

Daufuskie Island Utility Company, Inc. (DIUC) appeals an order of the Public Service Commission regarding DIUC's application for a rate increase for the water and sewer service it provides to residents of Daufuskie Island. This is DIUC's second appeal to this Court regarding its application. After DIUC's first appeal, we reversed and remanded the case to the commission for a new hearing. On remand, the Office of Regulatory Staff and the commission employed an arbitrary, heightened standard of scrutiny to the evidence DIUC presented in support of a rate increase. This arbitrary, heightened standard of scrutiny affected substantial rights of DIUC. Therefore, we reverse the commission's order and remand to the commission for a third hearing on DIUC's application.