Santee Cooper opposes yesterday’s tactic by Dominion Energy to remove the Cook case from state to federal court.
“Dominion’s action is an attempt to delay a court-ordered February trial of customers’ claims about the V.C. Summer nuclear project,” said Santee Cooper general counsel Mike Baxley.
At 8:39 p.m. yesterday, Dominion filed notice moving Jessica S. Cook et al. v. South Carolina Public Service Authority et al. from the Greenville County Circuit Court, before the Honorable Jean H. Toal, to the U.S. District Court in Greenville. The filing asserts that out-of-state residency by some electric cooperative customers — a very small part of the overall class of plaintiffs — provides a basis for federal court jurisdiction.
Santee Cooper officials said that Dominion’s action is a frivolous maneuver. Santee Cooper will seek all available relief and remedies following from this action and its consequences, according to a press release provided on Friday.
“Dominion’s weak legal maneuver follows a series of unfavorable rulings in the South Carolina Court, including orders this week commanding Dominion to cease inappropriate efforts to extract legal costs from Santee Cooper,” said Baxley. “This attempt to leave town under cover of darkness likely also reflects concern that during related depositions, according to media reports, former SCANA executives refused to answer questions, asserting rights under the Fifth Amendment.” Dominion also attempted to delay court proceedings this week by filing an arbitration case against Santee Cooper, which was stayed by the Court and subsequently withdrawn.
“We are committed to doing our part to keep the case on track for a February trial, as set by the Court, and will continue supporting the Department of Administration as it fulfills its legislative directive to solicit and evaluate bids concerning Santee Cooper,” Baxley said.
Santee Cooper is South Carolina’s largest power provider, the largest Green Power generator and the ultimate source of electricity for 2 million people across the state.