DOCKETING INFORMATION Q - South Carolina

ATE OF SOUTH CAROLINA

BEFORE THE

Southern Bread, LLC v. South Carolina Electric & Gas Company

) ) ) ) ) ) ) ) )

PUBLIC SERVICE COMMISSION

OF SOUTH CAROLINA

(Please type or print)

Submitted by: K. Chad Burgess

) ) ) )

COVER SHEET

DOCKET

NUMBER: 2013 - 435 - E

SC Bar Number: 69456 ~~~----------

Address: .=S-=C"'A=:N-.eA:.::.....:C:..:o"'r..::p-'--. ___ ____ _

220 Operation Way MC C222

Telephone:

Fax:

803-217-8141

803-217-7810

Cayce, SC 29033 Other:

Email: [email protected] NOTE: The cover sheet and information contained herein neither replaces nor supplements the filing and service of pleadings or other papers

as required by law. This fonn is required for use by the Public Service Commission of South Carolina for the purpose of docketing and must

be filled out completely.

DOCKETING INFORMATION (Check all that apply)

o Emergency Relief demanded in petition o Request for item to be placed on Commission's Agenda expeditiously

o Other:

LI _IN_D_U_ST_ R_Y_(_C_h_ec_k_O_n_e) ___ ~I LI _ _ _ ___ N_ A_T_U_RE __ O_F_A_C_T_I_O_N_(C_h_e_ck_al_l _th_a_t_ap_p_Iy_) _ ___ _ _

IZI Electric o Affidavit 0 Letter 0 Request

o Electric/Gas o Agreement 0 Memorandum D Request for Certificatio

o Electric/Telecommunications [8J Answer C8J Motion 0 Request for Investigatior

o ElectriclWater o Appellate Review 0 Objection 0 Resale Agreement

o ElectriclWaterlTelecorn. o Application 0 Petition 0 Resale Amendment

o Electric/Water/Sewer o Brief 0 Petition for Reconsideration 0 Reservation Letter

o Gas o Certificate 0 Petition for Rulemaking 0 Response

o Railroad o Comments 0 Petition for Ru le to Show Cause 0 Response to Discovery

o Sewer o Complaint 0 Petition to Intervene 0 Return to Petition

o Telecommunications o Consent Order 0 Petition to Intervene Out of Time 0 Stipulation

o Transportation o Discovery 0 Pre filed Testimony 0 Subpoena

o Water o Exhibit 0 Promotion 0 Tariff

o Water/Sewer o Expedited Consideration 0 Proposed Order 0 Other:

o Administrative Matter o Interconnect ion Agreement 0 Protest

o Other: o Interconnection Amendment 0 Publisher's Affidavit

o Late-Filed Exhibit o Report

STATE OF SOUTH CAROLINA

Southern Bread, LLC v. South Carolina Electric &Gas Company

)) BEFORE THE) PUBLIC SERVICE COMMISSION) OF SOUTH CAROLINA)) COVER SHEET))) DOCKET

) NUMBER: 2013 — 435 — E)))

(Please type or print)

Submitted by: K. Chad Bur ess

Address: SCANA Co

220 0 eration Wa MC C222

Cayce, SC 29033

SC Bar Number: 69456

Telephone:

Fax:

803-217-8141

803-217-7810

Other:Email: chad.bur ess scans.corn

NOTE: The cover sheet and information contained herein neither replaces nor supplements the filing and service ofpleadings or other papersas required by law. This form is required for use by the Public Service Commission of South Carolina for the purpose of docketing and must

be filled out completely.

DOCKETING INFORMATION (Check all that apply)

Emergency Relief demanded in petition Q Request for item to be placed on Commission's Agenda expeditiously

Other:

NATURE OF ACTION (Check all that apply)

H Electric

Electric/Gas

Electric/Telecommunications

Electric/Water

Electric/Water/Telecom.

Electric/Water/Sewer

Gas

Railroad

Sewer

Telecommunications

Transportation

Water

Water/Sewer

Administrative Matter

Other:

Affidavit

Agreement

Q Answer

t7 Appellate Review

Application

Brief

Q Certificate

Comments

Complaint

Consent Order

Discovery

Exhibit

Expedited Consideration

Interconnection Agreement

Interconnection Amendment

Late-Filed Exhibit

Letter

Memorandum

g Motion

Objection

Petition

Petition for Reconsideration

Petition for Rulemaking

Petition for Rule to Show Cause

Petition to Intervene

Petition to Intervene Out of Time

P Prefiled Testimony

Promotion

Proposed Order

Protest

Publisher's Affidavit

Report

Request

Request for Certificatio

Request for Investigatior

Resale Agreement

Resale Amendment

Reservation Letter

Response

Response to Discovery

Return to Petition

Stipulation

Subpoena

Tariff

Other:

ELECTRONIC FILING

The Honorable Jocelyn G. Boyd Chief Clerk! Administrator

January 3, 2014

Public Service Commission of South Carolina 101 Executive Center Drive Columbia, South Carolina 29210

K. Chad Burgess Associate General Counsel

[email protected]

RE: Southern Bread, LLC v. South Carolina Electric & Gas Company Docket No. 2013 -435-E

Dear Ms. Boyd:

On behalf of South Carolina Electric & Gas Company CSCE&G"), enclosed for filing in the above-referenced docket is SCE&G's Answer and Motion to Dismiss.

By copy of this letter, we are also serving SCE&G's Answer and Motion to Dismiss upon counsel for Southern Bread, LLC as well as the South Carolina Office of Regulatory Staff and enclose a Certificate of Service to that effect.

If you have any questions, please do not hesitate to contact us.

KCB/kms Enclosures

cc: John W. Flitter Jeffrey Nelson, Esquire William R. Padget, Esquire

(all via hand delivery w/enclosures)

Very truly yours,

K. Chad Burgess

RCPOWER FOR LIVING

K. Chad BurgessAssociate General Counsel

chad.hargessClscana.com

January 3, 2014

VIA ELECTRONIC FILING

The Honorable Jocelyn G. BoydChief ClerlcJAdministratorPublic Service Commission of South Carolina101 Executive Center DriveColumbia, South Carolina 29210

RE: Southern Bread, LLC v. South Carolina Electric & Gas CompanyDocl&et No. 2013-435-E

Dear Ms. Boyd:

On behalf of South Carolina Electric & Gas Company ("SCE&G"), enclosed for filing inthe above-referenced decl&et is SCE&G's Answer and Motion to Dismiss.

By copy of this letter, we are also serving SCE&G's Answer and Motion to Dismiss uponcounsel for Southern Bread, LLC as well as the South Carolina Office of Regulatory Staff andenclose a Certificate of Service to that effect.

If you have any questions, please do not hesitate to contact us.

Very truly yours,

KCB/kmsEnclosures

K. Chad Burgess

CC: John W. FlitterJeffrey Nelson, EsquireWilliam R. Padget, Esquire

(all via hand delivery w(enclosures)

THE PUBLIC SERVICE COMMISSION OF

SOUTH CAROLINA

DOCKET NO. 2013-435-E

INRE:

Southern Bread, LLC ) )

v. ) )

CERTIFICATE OF SERVICE

South Carolina Electric & Gas Company ) )

This is the certify that I have caused to be served this day one (I) copy of South

Carolina Electric & Gas Company's Answer and Motion to Dismiss via hand delivery

to the persons named below at the addresses set forth:

Cayce, South Carolina This 3rd day of January 2014

Jeffrey Nelson, Esquire Office of Regulatory Staff

1401 Main Street, Suite 900 Columbia, SC 29201

John W. Flitter Office of Regulatory Staff

1401 Main Street, Suite 900 Columbia, SC 29201

William R. Padget, Esquire Finkel Law Firm LLC

1201 Main Street, Suite 1800 Columbi , SC 29201 <:. /

l,,~~T

BEFORE


SOUTH CAROLINA


IN RE:

Southern Bread, LLC

South Carolina Electric & Gas Company

)) CERTIFICATE OF) SERVICE))

This is the certify that I have caused to be served this day one (I) copy of South

Carolina Electric & Ghs Company's Answer and Motion to Dismiss via hand delivery

to the persons named below at the addresses set forth:

Jeftrey Nelson, EsquireOffice of Regulatory Staff

1401 Main Street, Suite 900Columbia, SC 29201

John W. FlitterOffice of Regulatory Staff


William R. Padget, EsquireFinkel Law Firm LLC


Cayce, South CarolinaThis 3rd day of January 2014


SOUTH CAROLINA


IN RE: Southern Bread, LLC, ) )

Complainant/Petitioner, ) )

v. ) ANSWER OF SOUTH CAROLINA ) ELECTRIC & GAS COMPANY

South Carolina Electric & Gas Company, ) )

DefendantlRespondent ) )

Pursuant to 10 S.c. Code Ann. Regs. 103-826 and 103-830 (1976, as amended), and in

compliance with the Hearing Examiner's Directive revising the Filing Schedule and Hearing

Date dated December 5, 2013, DefendantlRespondent South Carolina Electric & Gas Company

("SCE&G") answers the complaint of the ComplainantlPetitioner Southern Bread, LLC

("Complainant" or "Southern Bread") as follows:

ANSWER

FOR A FIRST DEFENSE

(Response to Allegations of Complaint)

Each and every allegation of Southern Bread's Complaint not herein specifically

admitted, modified, qualified, or otherwise responded to by SCE&G is hereby denied, and

SCE&G demands strict proof thereof. SCE&G answers the following portions of the allegations

set forth in the Complaint identified by paragraph numbers corresponding to those in the

Complaint.

1. SCE&G admits the allegations of Paragraph I upon information and belief.

1

BEFORE

THK PUBLIC SERVICE COMMISSION OF

SOUTH CAROLINA

DOCKET NO. 2013-435-K

IN RE: Southern Bread, LLC,

Complainant/Petitioner,

South Carolina Electric & Gas Company,

Defendant/Respondent

)

)

)

)

) ANSWER OF SOUTH CAROLINA) ELECTRIC & GAS COMPANY)

)))

Pursuant to 10 S.C. Code Ann. Regs. 103-g26 and 103-g30 (1976, as amended), and in

compliance with the Hearing Examiner's Directive revising the Filing Schedule mtd Hearing

Date dated December 5, 2013, Defendant/Respondent South Carolina Electric & Gas Company

("SCF&G") answers the complaint of the Complainant/Petitioner Southern Bread, I.I.C

("Complainant" or "Southern 13read") as follows:

ANSWER

FOR A FIRST DEFENSE

Res onse to Alle ations of Com laint

Each and every allegation of Southern Bread's Complaint not herein specifically

admitted, modified, qualified, or otherwise responded to by SCE&G is hereby denied, and

SCE&G demands strict proof thereof. SCE&G answers the following portions of the allegations

set forth in the Complaint identified by paragraph numbers corresponding to those in the

Complaint.

1. SCE&G admits the allegations of Paragraph I upon information and belief.

Paragraph 2, SCE&G admits that it is a domestic corporation

organized and operating under the laws of the State of South Carolina and operates as a public

utility providing electric service to residents and businesses located within its assigned service

area. To the extent the remaining allegations of Paragraph 2 warrant a further response, SCE&G

denies same.

3. Answering Paragraph 3, SCE&G denies that S.c. Code Ann. § 58-27-220 affords

the Public Service Commission of South Carolina ("Commission") with jurisdiction over this

matter. Further answering, however, SCE&G admits that the Commission has subject matter

jurisdiction over the parties and the allegations set forth in the Complaint subject to the defenses

asserted herein, and does not oppose venue of this matter, but denies Complainant is entitled to

relief.

4. Answering Paragraph 4, SCE&G admits that its current General Terms and

Conditions, as approved by the Commission, provide that "[w]here two or more Rate Schedules

are available, the Company will attempt to assist the Customer to a reasonable extent in

determining which Schedule to select." SCE&G further responds that the General Terms and

Conditions also provide that "[i]t is the responsibility of the Customer to select the Rate and the

Company will not assume responsibility for the choice." To the extent the remaining allegations

of Paragraph 4 warrant a further response, SCE&G denies same.

5. Answering Paragraph 5, SCE&G craves reference to the identified regulation for

the terms, purposes, powers, and duties thereof. To the extent a further answer is required,

SCE&G denies the allegations of Paragraph 5.

6. SCE&G admits that Southern Bread applied for electric service for the stores

identified in Paragraph 6 but denies that SCE&G began supplying electric service to these stores

2

2. Answering Paragraph 2, SCE&G admits that it is a domestic corporation

organized and operating under the laws of the State of South Carolina and operates as a public

utility providing electric service to residents and businesses located within its assigned service

area. To the extent the remaining allegations of Paragraph 2 warrant a further response, SCE&G

denies same.

3. Answering Paragraph 3, SCE&G denies that S.C. Code Ann. (t 58-27-220 affords

the Public Service Commission of South Carolina ("Commission") with jurisdiction over this

matter. Further answering, however, SCF&G admits that the Commission has subject matter

jurisdiction over the parties and the allegations set florth in the Complaint subject to the def'enses

asset1ed herein, and does not oppose venue of this ntatter, but denies Complainant is entitled to

relief.

4. Answering Paragraph 4„SCE&G admits that its current General 'l'ernrs and

Conditions, as approved by the (.'.ommission, provide that "['w]here two or more Rate Schedules

are available, the Company will attempt to assist the Customer to a reasonable extent in

determining which Schedule to select." SC1".:&G further responds that the General Terms and

Conditions also provide that "Iijt is the responsibility of the Customer to select the Rate and the

Company will not assume responsibility for the choice." To the extent the remaining allegations

of Paragraph 4 warrant a further response, SCE&G denies same.

5. Answering Paragraph 5, SCE&G craves reference to the identified regulation for

the terms, purposes, powers, and duties thereof. To the extent a further answer is required,

SCE&G denies the allegations of Paragraph 5.

6. SCE&G admits that Southern Bread applied for electric service for the stores

identified in Paragraph 6 but denies that SCE&G began supplying electric service to these stores

6080 Garners Ferry Road, Columbia, South Carolina - October 28, 2004

b) 2000 Sam Rittenberg Blvd., Charleston, South Carolina - November 7, 2005

c) 5070 International Blvd., North Charleston, South Carolina - June 21, 2006

d) 631 Promenade Place, Columbia, South Carolina - October 2, 2008

e) 1311 Main Street, Sunnnerville, South Carolina - July 30, 2010

To the extent the remaining allegations of Paragraph 6 warrant a further response, SCE&G

denies same.

7. SCE&G denies the allegations of Paragraph 7.



10. Answering Paragraph 10, SCE&G admits that, on or about May 5,2006, Southern

Bread executed a written agreement for electric service with SCE&G for the store located at

2000 Sam Rittenberg Blvd, Charleston, South Carolina, pursuant to the rates, ternlS and

conditions of Rate 20 - Medium General Service. SCE&G denies the remaining allegations of

Paragraph 10.

II. SCE&G denies the allegations of Paragraph 11.


13. The remainder of the Southern Bread's Complaint constitutes a prayer for relief

not requiring an answer, but to the extent an answer is required, it is denied.

3

on the dates identified. Further responding, SCE&G asserts that it established an electric account

to the following stores on or about the following dates:

a) 6080 Garners Ferry Road, Columbia, South Carolina — October 28, 2004

b) 2000 Sam Rittenberg Blvd., Charleston, South Carolina — November 7, 2005

c) 5070 International Blvd., North Charleston, South Carolina — June 21, 2006

d) 631 Promenade Place, Colmnbia, South Carolina — October 2, 2008

e) 1311 Main Street, Surinnerville, South Carolina — July 30, 2010

To the extent the remaining allegations of Paragraph 6 warrant a further response, SCE&G

denies same.



9. SCE&G deuies the allegations of'Paragraph 9.

10. Answering Paragraph 10, SCE&G admits that, on or about May 5, 2006, Southern

Bread executed a written agreement for electric service with SCE&G for the store located at

2000 Sam Rittenberg Blvd, Charleston, South Carolina, pursuant to the rates, terms and

conditions of Rate 20 -- Mediimi General Service. SCE&G denies the remaining allegations of

Paragraph 10.



13. The remainder of the Southern Bread's Complaint constitutes a prayer for relief

not requiring an answer, but to the extent an answer is required, it is denied.

A SECOND DEFENSE

(Statute of Limitations for Reparation Orders)

14. The allegations of the foregoing paragraphs are incorporated herein as ifrepeated

verbatim.

15. Southern Bread requests that the Commission order SCE&G to pay Southern

Bread reparations for alleged past overpayments made by Southern Bread to SCE&G. See

Complaint, p.4.

16. Southern Bread asserts that four of its Panera Bread stores were placed on

SCE&G's Rate Schedule 9, the currently effective and approved version of which is attached

hereto and incorporated herein by reference as Exhibit A.

17. Southern Bread asserts that, at a later time, one store located at 2000 Sam

Rittenberg Blvd., was placed on SCE&G's rate schedule 20, the currently effective and approved

version of which is attached hereto and incorporated herein by reference as Exhibit B.

18. On or about May 5, 2006, Southern Bread executed a written agreement for

electric service with SCE&G for the store located at 2000 Sam Rittenberg Blvd, Charleston,

South Carolina, pursuant to the rates, terms and conditions of Rate 20 - Medium General

Service. A copy of this written agreement is attached hereto and incorporated herein by

reference as Exhibit C with confidential customer account information redacted.

19. No Jater than the date Southern Bread executed this written agreement, which

occurred on or about May 5, 2006, Southern Bread had actual knowledge of the existence of

Rate 20 - Medium General Service.

20. In accordance with 10 S.C. Code Ann. Regs. 103-330(b), and the Company's

internal policies, SCE&G provides "to each new residential and small commercial customer,

4

FOR A SECOND DEFENSE

Statute of Limitations for Re aration Orders

14. The allegations of the foregoing paragraphs are incorporated herein as if repeated

verbatim.

15. Southern Bread requests that the Commission order SCE&G to pay Southern

Bread reparations for alleged past overpayments made by Southern Bread to SCE&G. See

Complaint, p.4.

16. Southern Bread asserts that four of its Panera Bread stores were placed on

SCE&(3's Rate Schedule 9, the currently effective and approved versioii of which is attached

hereto and incorporated herein by reference as Exhibit A.

17. Southern Bread asserts that. at a later time, one store located at 2000 Sam

Rittenberg Blvd., was placed on SCI!&(Es rate schedule 20, the curreutly effective and approved

version of which is attached hereto and incorporated herein by reference as Exhibit B.

18. On or about May 5, 2006, Southern 13read executed a written agreement for

electric service with SCE&G for the store located at 2000 Sam Rittenberg Blvd, Charleston,

South ('arolina, pursuant to the rates, terms and conditions of Rate?0 -- Medium General

Service. A copy of this written agreement is attached hereto and incorporated herein by

reference as Exhibit C with confidential customer account information redacted.

19. No later than the date Southern Bread executed this written agreement, which

occurred on or about May 5, 2006, Southern Bread had actual lmowledge of the existence of

Rate 20 — Medium General Service.

20. In accordance with 10 S.C. Code Ann. Regs. 103-330(b), and the Company's

internal policies, SCE&G provides "to each new residential and small commercial customer,

service."

21. Upon information and belief, SCE&G provided to Southern Bread, within sixty

days of its application for electric service to the stores identified in Paragraph 6 of the

Complaint, a clear and concise explanation of the available rate schedules for the class of service

for which Southern Bread made application for service in substantially the same form as the

document contained in Exhibit D, the current version of which is attached hereto and

incorporated herein by reference.

22. In accordance with 10 S.c. Code Ann. Regs. 103-330(c), and the Company's

internal policies, SCE&G provides "to each residential and small commercial customer to whom

more than one rate schedule is reasonably available a clear and concise summary of the existing

rate schedules applicable to the customer's class of service at least once a year."

23. Upon information and belief, SCE&G provided to Southern Bread each year after

it began receiving electric service from SCE&G, a clear and concise explanation of the available

rate schedules for the class of service for which Southern Bread made application for service in

substantially the same form as the document contained in Exhibit D, the current version of which

is incorporated herein by reference.

24. This action was brought on or about November 26, 2013, over seven and one-half

(7 112) years after Southern Bread had actual notice and irrefutable knowledge that it had an

option to apply for electric service from SCE&G pursuant to Rate Schedule 20.

25. This action was brought over nine (9) years after Southern Bread had constructive

notice that it had an option to apply for electric service from SCE&G pursuant to Rate Schedule

20.

5

within sixty days of application for service. a clear and concise explanation of thc available rate

schedules for the class of service for which the customer makes application for service."

21. Upon information and belief. SCE&G provided to Southern Bread, within sixty

days of its application for electric service to the stores identified in Paragraph 6 of the

Complaint, a clear and concise explanation of the available rate schedules for the class of service

for which Southern Bread made application for service in substantially the same form as the

document contained in Exhibit D, the current version of which is attached hereto and


22. In accordance with 10 S.C. Code Ann. Regs. 103-330(c), and the (:ompany"s

internal policies, SCE&(3 provides 'to each residential and small commercial customer to whom

more than one rate schedule is reasonably available a clear and concise summary of the existing

rate schedules applicable to the customer" s class of service at least once a year."

23. Upon information and belief. S('E&G provided to Southern Bread each year aAer

it began receiviug electric

service

trom S(.'E&(3, a clear and concise explanation nf the available

rate schedules for the class of'service for which Southern Bread made application for service in

substantially the same form as the document contained in Exhibit D, the current version of which

is incorporated herein by reference.

24. This action was brought on or about November 26, 2013. over seven and one-half

(7 I/2) years after Southern Bread had actual notice and irrefutable knowledge that it had an

option to apply for electric service from SCE&G pursuant to Rate Schedule 20.



20.

S.c. Code Ann. § 58-27-960 (Supp. 2012).

27. This action is time-barred by the statute of limitations and, therefore, should be

dismissed.

FOR A THIRD DEFENSE

(General Statute of Limitations)


verbatim.

29. This action was brought on or about November 26,2013, over seven and a half (7

112) years after Southern Bread had actual notice and irrefutable knowledge that it had an option

to apply for electric service from SCE&G pursuant to Rate Schedule 20.



20.

3l. Assuming, without conceding, that the two-year statute oflimitations set forth in

S.C. Code Ann. § 58-27-960 does not apply to this action, this action is time barred by the three

year statute oflimitations set forth in S.C. Code Ann. § 15-3-530 and should be dismissed.

FOR A FOURTH DEFENSE

(Laches)

32. The allegations of the foregoing paragraphs are incorporated herein as ifrepeated

verbatim.

6

26. The statute of limitations for petitions seeking the payment of reparations when an

electrical utility is alleged to have charged excessive amounts for electric current or service is

two years from the time the cause of action accrues. S.C. Code Ann. $ 58-27-960 (Supp. 201Z).

27. This action is time-barred by the statute of limitations and, therefore, should be

dismissed.

FOR A THIRD DEFENSE

General Statute of Limitations


verbatim.

Z9. This actitm was brought on or about November 26, 2013, over seven and a half (7

1/2) years after Southern Bread had actual notice and irrefutable knowledge that it had an option

to apply for electric service horn SCE&G pursuant to Rate Schedule 20.



20.

31. Assuming, without conceding, that the two-year statute of limitations set forth in

S.C. Code Ann. ( 58-27-960 does not apply to this action, this action is time barred by the three-

year statute of limitations set forth in S.C. Code Ann. $ 15-3-530 and should be dismissed.

FOR A FOURTH DEFENSE

~Laches


verbatim.

2013, over seven and a half (7

112) years after Southern Bread had actual notice that it had an option to apply for electric

service from SCE&G pursuant to Rate Schedule 20.



20.

35. Southern Bread unreasonably delayed in bringing this action against SCE&G.

36. SCE&G has been prejudiced by Southern Bread's unreasonable delay.

37. Southern Bread did not seek to protect its purported rights in a timely fashion.

38. Southern Bread's claims therefore are barred hy the equitable doctrine of laches

and should be dismissed.

FOR A FIFTH DEFENSE

(Failure to State Facts Sufficient to Constitute a Cause of Action)


verbatim.

40. The Complaint fails to state a cause of action. There is no allegation of any act or

thing done or omitted to be done by SCE&G which forms the basis for a complaint cognizable

under the law or for which this Commission is empowered to grant relief. See S.C. Code Ann. §

58-27-1940 (Supp. 2012).

41. Southern Bread failed to file its Complaint within the applicable statute of

limitations.

42. Southern Bread failed to timely file its Complaint, unreasonably delayed In

bringing this action, and, in so doing, prejudiced SCE&G.

7

33. This action was brought on or about November 26, 2013, over seven and a half (7

1/2) years after Southern Bread had acuial notice that it had an option to apply for electric

service from SCE&G pursuant to Rate Schedule 20.



20.

35.

36.

"7

Southern Bread unreasonably delayed in bringing this action against SCE&G.

SCE&G has been prejudiced by Southern Bread's unreasonable delay.

Southern Bread did not seek to protect its puiported rights in a timely fashion.

Southern Bread's claims therefore are hatred by the equitable doctrine of laches

and should be dismissed.

FOR A FlFTH DlgFENSE

Lpailtug t&& State I'acts Sufficient to Constitute a Cause of Acti&»1)


verbatim.

40. The Complaint fails to state a cause of action. There is no allegation of any act or

thing done or omitted to be done by SCE&Ci v hich forms the basis for a complaint cognizable

under the law or for which this Cotrunission is entpowered to grant relief..S'ec S,C. Code Ann. I)

58-27-1940 (Supp. 2012).

41. Southern Bread failed to file its Complaint within the applicable statute of

limitations.

42. Southern Bread failed to timely file its Complaint, unreasonably delayed in

bringing this action, and, in so doing, prejudiced SCE&G.

FOR A SIXTH DEFENSE

(Waiver)


verbatim.

46. The acts and omissions of Southern Bread constitute a voluntary and intentional

relinquishment of any right that Southern Bread may have had for alleged past overpayments

made by Southern Bread to SCE&G.

47. Plaintiffs' claims are therefore barred by the doctrine of waiver and should be

dismissed.

FOR A SEVENTH DEFENSE

(Reasonableness and Good Faith)


verbatim.

49. SCE&G's actions were reasonable, were not arbitrary, were not capricious, and

were made in good faith. By asserting this defense, SCE&G does not assume the responsibility

to meet any burden of proof imposed on Complainant by statute or common law.

FOR AN EIGHTH DEFENSE

(Estoppel)


verbatim.

8

43. Southern Bread's claims are barred by the statute of limitations and by laches.

44. Southern Bread's Complaint therefore fails to state facts sufficient to constitute a

cause of action.

FOR A SIXTH DEFENSE

~waiver

45. The allegations ot'the foregoing paragraphs are incorporated herein as if repeated

verbatim.

46. The acts and omissions of Southern Bread constitute a voluntary and intentional

relinquishment of any right that Southern Bread ntay have had for alleged past overpayments

made bv Southent Bread to S(.'Bk(i.

47. Plaintiffs'laims are therefore barred by the doctrine of waiver and should be

dlsnussed.

FOR A SEVl".NTH Dli;FENSE

fkctasonableness and ('{oo~dFaith

48. 'I'he allegations of the foregoing paragraphs are incorporated herein as if repeated

verbatim.

49. SCEkCt's actions were reasonable, were not arbitrary, v ere not capricious, and

were made in good faith. By asserting this defense. SCE{l'C{ does not assmne the responsibility

to meet any burden of proof imposed on Complainant bv statute or common law.

FOR AN EIGHTH DEFENSE

{EEt


verbatim.

ban'ed by the doctrine of estoppeL

FOR A NINTH DEFENSE

(Intervening Acts)


verbatim.

53. Southern Bread's alleged damages, if any and SCE&G denies that any damages

were suJfered, were caused solely by their own acts, representations, omissions, or circumstances

and/or those of third parties.

54. SCE&G's Commission-approved General Terms and Conditions, the currently

effective and approved version of which is attached hereto and incorporated herein by reference

as Exhibit E, provides that "[iJt is the responsibility of the Customer to select the Rate and the

Company will not assume responsibility for the choice."

55. Southern Bread failed to notifY SCE&G of its desire to receive electric service

pursuant to Rate 20 at any store other than the store located at 2000 Sam Rittenberg Blvd,

Charleston, South Carolina until September 2013.

56. Despite having actual notice of the availability of Rate 20 for over seven and a

half (7 Yz) years and constructive notice of the availability of Rate 20 for over nine (9) years,

Southern Bread continued to accept service from and remit payment to SCE&G for electric

service rendered to its stores, other than the store located at 2000 Sam Rittenberg Blvd,

Charleston, South Carolina, pursuant to the rates, terms, and conditions of Rate 9.

9

51. Southern Bread's claims are barred by the doctrine of estoppel.

~tt i RAt


verbatim.

53. Southern Bread's alleged damages. if any and SCEkG denies that any damages

were suffered„were caused solely by their own acts, representations, omissions, or circumstances

and/or those of third parties.

54. SCEkG's Conunission-approved General 'ferms and Conditions.,the currently

effective and approved version of which is attached hereto and incorporated herein by reference

as Exhibit E, provides that "Ii]t is the responsibility of the Customer to select the Rate and the

Company will not assume resp(msibility for the choice."

55. Southern Bread 1'ailed to notify SCI.:,kG of its desire to receive elechdc service

pursuant to Rate 20 at any store other than the store located at 2000 Sam Rittenberg Blvd,

Charleston, South Carolina until September 2013.

56. Despite having actual notice of the availability of Rate 20 for over seven and a

half (7 '/) years and constructive notice ot'he availability of Rate 20 for over nine (9) years,

Southern Bread continued to accept service from and remit payment to SCE&G for electric

service rendered to its stores, other than the store located at 2000 Sam Rittenberg Blvd,

Charleston, South Carolina, pursuant to the rates, terms, and conditions of Rate 9.

A TENTH DEFENSE

(Unclean Hands)


verbatim.

58. Southern Bread's claims are barred by the doctrine of unclean hands.

FOR AN ELEVENTH DEFENSE

(No Damages)


verbatim.

60. Southern Bread has suffered no damages.

FOR A TWELFTH DEFENSE

(Failure to Mitigate Damages)


verbatim.

62. Southern Bread has failed, in whole or in part, to mitigate its alleged damages.

Wherefore, having fully answered Southern Bread's Complaint, SCE&G prays that the

relief sought be denied, that the Complaint be dismissed with prejudice, and for such other and

further relief as the Commission may deem just and proper.

[SIGNATURE PAGE FOLLOWS]

10

FOR A TE dTH DEFENSE

~L1 H d

57. The allegations of the I'oregoing paragraphs are incorporated herein as if repeated

verbatim.

58. Southern Bread's claims are barred bv the doculne of unclean hands.

FOR AN ELEVENTH DEFENSE

o Dama es

59 The allegations of the foregoing paragraphs are incorporated herein as if repeated

verbatim.

6(l. Southern Bread has suffered no damages.

FOR A TWELF'I kk DEFENSE

(I"allure to Mitii*Etc I)glnages)

61. 'I'he allegations of thc fbregoing paragraphs are incorporated hereut as if repeated

verbatim.

62. Southern Bread has failed. in whole or in part, to mitigate its alleged datnages.

Wherefore, having fully ansv'ered Southern Bread's Complaint, SCFdt'G prays that the

relief sought be denied, that the Complaint be dismissed with prejudice, and for such other and

further relief as the Commission may deem just and proper.

[SIGNATURE PAGE FOLLOWS]

10

K~

Attorneys for South Carolina Electric & Gas Company

11

Respectfully submitted,

Matthew W. Gissendatmer, EsquireSouth Carolina Electric & Gas CompanyMail Code C222220 Operation WayCayce, South Carolina 29033-3701Phone: (803) 217-8141Fax: (803) 217-7810Email: [email protected]

Attorneysfor South Carolina Fleetric &

Cras Company

Cayce, South Carolina:lanuaty 3, 2014

11

& GAS COMPANY

RATE 9

AVAILABILITY

Exhibit A Page 1 of 2

ELECTRICITY

GENERAL SERVICE (Page 1 of 2)

This rate is available to customers using the Company's standard service which is specified as a single point of delivery per premises from an existing overhead distribution system for general light and/or power purposes such as commercial, industrial, religious, charitable and eleemosynary institutions. It is not available for resale service.

CHARACTER OF SERVICE

Alternating Current, 60 hertz, Voltage and phase at the option of the Company.

I. Basic Facilities Charge:

II. Demand Charge: First 250 KVA of Billing Demand

Excess over 250 KV A of Billing Demand @

RATE PER MONTH

Summer (Billing Months

June-September)

$ 21,25

No Charge

$ 3.67 per KVA

Winter (Billing Months

October-May)

$ 21.25

No Charge

No Charge

The Billing Demand (to the nearest whole KVA) shall be the maximum integrated fifteen (15) minute demand measured during the billing months of June thfOUgh September.

III. Energy Charge:

First 3,000 kWh @

Over 3,000 kWh @

$ 0.12765 per kWh $ 0,13595 per kWh

MINIMUM CHARGE

$ 0.12765 per kWh $ 0.11871 per kWh

The monthly minimum charge shall be the basic facilities charge and demand charge as stated above, provided however, when construction costs exceed four (4) times the estimated annual revenue excluding fuel revenue to be derived by the Company, the customer may make a contribution in aid of construction of the excess cost or pay the Company's standard facility rate on the excess construction cost in addition to the rate charges above,

ADJUSTMENT FOR FUEL AND VARIABLE ENVIRONMENTAL COSTS

Fuel costs of $.03344 per kWh are included in the energy charge and are subject to adjustment by order of the Public Service Commission of South Carolina,

DEMAND SIDE MANAGEMENT COMPONENT

The energy charges above include a DSM component of $.00060 per kWh for Demand Side Management expenses.

PENSION COSTS COMPONENT

The energy charges above include a Pension Costs component of $.00051 per kVVh as approved by the Public Service Commission of South Carolina.

STORM DAMAGE COMPONENT

Inclusion of a storm damage component has been indefinitely suspended until further order of the Public Service Commission of South Carolina.

SALES AND FRANCHISE TAX

To the above will be added any applicable sales tax, franchise fee or business license tax which may be assessed by any state or local governmental body.

POWER FACTOR

If the power factor of the Customer's installation falls below 85%, the Company may adjust the billing to a basis of 85% power factor.

TEMPORARY SERVICE

Temporary service for construction and other purposes will be supplied under this rate in accordance with the Company's Terms and Conditions covering such service,

PAYMENT TERMS

All bills are net and payable when rendered.

Effective for Bills Rendered On and After October 30, 2013

Exhibit A

Page 1 Df 2

SOUTH CAROLINA ELECTRIC & GAS CONIPANY ELECTRICITY

RATE 9

AVAILABILITY

GENERAL SERVICE(Page 1 of 2)

This rate is available to customers using the Company'sstandanf s rvice whic!';s specified as a mgle pont of delivery per premises from an existingoverhead distribution system for general light and/or pov sr purposes such as commercial, sdsstrat, religious, charitable and eleemosynary institutionsIt is not available for resale service


Alternating Current, 60 hertz. Voltage and phase at the oot;or of the Company

RATE PER MONTH

I. Same Facilities Charge:

g. Demand Charge:First 250 KVA of Billing DemandExcess over 250 KVA of Billing Demand

Summer(Bi 'ig Vc vis

J rs-SsFembe!

$ 2'6

Nc Cha"c

367 per KVA

Winter(Billing Months

october-May)

6 21 25

No ChargeNo Charge

The Billing Demand (to the nearest whole KVA) shall be the rrax*n um irleg"-t d 1fteen ('5} rr:inste demand measured dunng the billing months ofJune through September

gi. Energy Charge:First 3 000 kyVh @Over 3 000 klNh @

$ 3.'2765 per kWh

$ 023595 per kWn

ltlll NIMUIIII CHARGE

$ 0.12765 per kWh

$ 0 11671 per kWh

)he monthly minimum charge shall be the basic facilites c'sarge ard d r..ard charge as stated above provided however, when construcbon costsexceed four (4) times the estimated annual revenue exdudirg fuel revenu t" be derived by the Company, the customer may make a contnbution in aidof construction of the excess cost or pay the Company'- standard facilky rate on the x"-ss corstrumion cost in addition to the rate charges above


Fuel costs of $ 03344 per kWh are included in the energy cnarge and are sub) cf to adjusrrrent by order of the Fubhc Service Commission of SouthCarohna

DEII/IAND SIDE MANAGEMENT CONIPONENT

The energy charges above Include a DSM component of $ 0006fl p r kggn for Demand Side fdanagement expenses


The energy charges above include a pension Costs corrpcnent of $.003 1 per kVA as approved by the public Service Commission of South CarolinaSTORM DAMAGE COIIIIPONENT

Inclusion of a storm damage component has been indefinitely susp need urv. I fuAner order of the Public Service Commission of South Carolina


To the above will be added any applicable sales tax, franchise fee or bu ir ss I'nse tax which may be assessed by any state or local governmentalbody

POWER FACTOR

If the power factor of the Customer's installation fags below 65%, the Company may adiusi the biilir.g to a basis of 85% power factor

TEMPORARY SERVICE

Temporary service for construction and other purposes v:it be suppt*d unc r *is rate in accordance with the Company's Terms and Conditionscovermg such service.

PAYMENT TERMS

Ag bills are net and payable when rendered

Effective for Bills RenderedOn and After October 30, 2013

& GAS COMPANY

RATE 9

SPECIAL PROVISIONS


ELECTRICITY


This rate is available for residential service where more than one dwelling unit is supplied through a single meter, provided service to such dwelling unit was established prior to July 1, 1980.

The Company will furnish service in accordance with its standard specifications. Non-standard service will be furnished only when the customer pays the dITference in costs between non-standard service and standard service or pays to the Company its normal monthly facility charge based on such difference in costs.

UN METERED SERVICE PROVISION

When customer's usage can be determined and in the sale opinion of the Company, installation of metering equipment is impractical or uneconomical, monthly kWh may be estimated by the Company and billed at the above rate per month, except that the basic facilities charge shall be $7.90,

TERM OF CONTRACT

Contracts for installation of a permanent nature shall be written for a period of not less than one (1) year. A separate contract shall be written for each meter at each location.

GENERAL TERMS AND CONDITIONS

The Company's General Terms and Conditions are incorporated by reference and are a part of this rate schedule.

EffectIve for BIlls Rendered

On and After October 30, 2013

Exhibit A

Page 2 of 2

SOUTH CAROLINA ELECTRIC S GAS COMPANY ELECTRICITY

RATE 9 GENERAL SERVICE(Page 2 of 2)

SPECIAL PROVISIONS

This rate is available for residential service where rrora than one dwelling r it is supp'md trrougl. a single meter, provided service to such dwellingunit was established pnor to July 1, 1980

The Company will furmsh service in accordance witt as stardard speed ca'.iona Non-stardard service will be furnished only when the customerpays the drfference in costs between non-standard serves and stanriard servos o pays to the Company its normal monthly famlity charge based onsuch difference in costs

UNIIIIETERED SERVICE PROVISION

When customer's usage can be determined and ir. the sole opinon cf the Compary i.n tailation of metenng equipment is impractical oruneconomical, monthly kWh may be estimated by toe Company ard bil'ed at ".e aLove ra'.e per month, except that the basic faohties charge shaltbe $7.90.

TERM OF CONTRACT

Contracts for installation of a permanent nature she I be w itten for a pence of nol 'ess tnan cne fl) year A separate contract shall be wntten foreach meter at each location


The Company's Gerieral Terms arid Conditions are inco porated by mference aiio are a part cf ti:is rais schedule


& GAS COMPANY

Exhibit B Page 1 of 1

ELECTRICITY

RATE 20 MEDIUM GENERAL SERVICE

AVAILABILITY

This rate is available to any non-residential customer using the Company's standard service for power and light requirements and having a contract demand of 75 KVA or over. It is not available for resale service.


Alternating Current, 60 hertz, three phase, metering at the delivery voltage which shall be standard to the Company's operation,

RATE PER MONTH

I. Basic Facilities Charge $ 195.00

II. Demand Charge:

~A"II.!CK"V~A"o"-f-"B"ill"-i,,,g-,D,,e,,m,,a,",,,d-,,@,,---___________ ---,,$_-,-1,,8.,,0,,--0 per KVA

The billing demand (to the nearest whole KVA) shall be the greatest of: (1) the maximum integrated fifteen minute demand measured (which may be on a rolling time interval) during the current month; or (2) eighty percent (80%) of the highest demand occurring during the billing months June through September in the eleven preceding months; or (3) sixty percent (60%) of the highest demand occurring during the billing months of October through May in the eleven preceding months; or (4) the contract demand; or (5) 75 KVA.

III. Energy Charge:

First 75,000 kWh @ Excess over 75,000 kWh @

$ 0.05717 per kWh $ 0.05326 per kWh

MINIMUM CHARGE

The monthly minimum charge is the demand as determined above. The Company may allow a buildup period not to exceed six months for new and expanding accounts during which time the contract demand and/or the minimum demand specified in the rate schedule may be waived. The Company shall not commit itself to a buildup period exceeding six months without prior approval of the Commission for the specific account involved.


Fuel costs of $.03333 per kWh are included in the energy charge and are subject to adjustment by order of the Public Service Commission of South Carolina.




The energy charges above include a Pension Costs component of $.00051 per kWh as approved by the Public Service Commission of South Carolina





PAYMENT TERMS


SPECIAL PROVISIONS

The Company will furnish service in accordance with its standard specifications. Non-standard service will be furnished only when the customer pays the difference in costs between non-standard service and standard service or pays to the Company its normal monthly facility charge based on such difference in costs.

TERM OF CONTRACT

The contract terms will depend on the conditions of service. No contract shall be written for a period of less than five (5) years.

A separate contract shall be written for each meter.


The Company's General Terms and Conditions are incorporated by reference and a part of this rate schedule.


Exhibit B

Page 1 0(1

SOUTH CAROLINA ELECTRIC ffr GAS COMPANY ELECTRICITY


AVAILABILITY

This rate is available to any non-residential custom r usmg the Ccmpa,y's standard serv:ce for cower and light requirements and having a contractdemand of 75 KVA or over. It is not available for resale sennce.


Alternating Current, 60 hertz, three phase, metenng at the de'ive y voiage whicn nai'e stancard to the Company's operation.

RATE PER MONTH

I. Basic Facilities Char e 5 00

0, Demand Charge:

Ag KVA of Billing Demand IB 16.00 per KVT

The bilhng demand (to the nearest whole KVA) shah be tne greate t m I') Ine maxin;um ntegrated lifteen minute demand measured (which may beon a roilmg time interval) duying the current month, or (2) eichiy perm-I (60PB o'tne higtestcemand occumng duding the biging months June throughSeptember in the eleven preceding months or (3) sixty percent (00%) of the h ghest Bernard oc urnng during the biging months of October throughMay in the eleven preceding months, or (4) the ccntrect demand, or '(5) 75 K uk

Ig. Energy Charge".

Fire( 75 000 kyyh ieExcess over 75,000 kiNh te

0 05717 per be0.05326 pe" kye

hgNIMUIB CHARGE

The monthly mmimum charge is the demand as determined above. The Company n ay aBmv a buildup period not to exceed wx months for new andexpanding accounts dunng which time the contract demand and/or the rmnin um demand spec fied in the rate schedule may be waived The Companyshall not commit itself to a buildup penod exceeding six morrths w thout p ior aoprovsi o'he Ccmrmssion for the spemfic account mvolved.


Fuel costs of $ 03333 per KWh are mcluded in the energy charge anc are *Jbiec'. to advs ntent by order of the Public Service Commission of SouthCarolina

DEMAND SIDE MANAGEltllENT COMPONENT

The energy charges above Include a DsM component of $ 00066 per 'xrNN fo'emsnc side Irisragement expenses


The energy charges above include a Pension Costs component of $ 00051 pe" kpfh as aoproved Ly the Pubhc Service Commission of South Carolina


Inclusion of a storm damage component has been indefinite'7 susperded rtii'the order of the Public Service Commission of South Carolina.


To the above wig be added any applicable sales tax, 'rar ct se fee or b:"ess kmnse tax wt ct; may be assessed by any state or local governmentalbody

PAYMENT TERMS

AB bills are net and payable when rendered.

SPECIAL PROVISIONS

The Company wig furmsh service in accordance vvith 'ts standard spececations. Non-srandard semice will be furnished only when the customer paysthe difference in costs between non-standard service and standard senvic or pays to ti e Company its normal monthly facility charge based on suchdifference In costs

TERM OF CONTRACT

The contract terms vng depend on the conditions of sewice. No cortram '0 be rTiiten for a per od of less than five (5) years

4 separate contract shall be wntten for each meter


The Company's General Terms and Conditions are incorporated by rMerenoe snd "part of tais rate schedule


Electric & Gas Company G.ENERAL SERVICE AGREEMENT

GSA# 9206076 Exhibit C Page 1 of 3

Effective 08te: J un -e 05!> 2006

Now Acet II .~;;i~INalrn€'--=~~iI1tii!i'i~OCI;:dLA2C='C:L~#~. ~. ::::::::::=-_W:O:fk:R:",:q:u=es:t~#~, ~. _~~=~"======--= Customer's legal DBA Panera Bread Servic;Address2000 Sa';'-Ritlei1be;:gBO~d,Suite 104 CrtylState _c:;l19[l!lston,SC"-~_-cZip -"2.c;:94",00:7,;,~:;;;6,,,~2,,:,' 9,!:-_~ Btlling Addross __ 1 ",6 N. Forest Beagh CQWi,_' ___ ''' Cit),IState, __ l:iillgDijead Islanc",,§Q., Zip.. 299.2~403 Tax ID#_________ _ __ ,~ __ ,, ______ ---"

DEPOSIT REQUIRED: [CL£'~b;Stl!l2.,Q?,{)1k"'.--l Saiisfied By: Money ,, __ ~~~__ irrev, Letter ____ Surely Bond ___ ' ' , EXfstJng Service __ n existing, service Account # j RC\iD I Oil L_~~ ... ~-"----'- .. -+ lSf ___ ~____ _

REASON FOR AGREEMENT: New Customer: ,_, __ Rate Change: -:-::c"X,-- Other: If new Ownership __ , The Agreement supersedes Agreement #::-: __ -'-_____ Dated, ________ _ in the name of Other See attaChedGc;;erai'Terms & CgJlditiQ!llL8!1<;U;;,\§ng,9[!L90ndilions

SERVICE INFORMATION: Distribution Voltage 23,9113,3 kV Service Method Pad mounted tran§lormer ,_" , ___ _ Delivery Voltage 208/'120 Voil~ ---il._ Phase ""'.,,~ ' __ ~ Wire Wye Connected Point of Service Secondary terminals QLS<;;;;:1'<'dl:jlwned oad mounted tra'1l'i(l!lJ)£L,,,,,,,, __ _ Maximum Installed Capacity, 150 kVA Dedicated Capacity . 150 kVA

BILLING: Customer will be billed on Rate Schedule .,.,., .. _ ... £!L.".~_ Contract Demand __ -'-"-"='--__ Build up period of months beginning with effective date,

Special Provisions/Extra Facilities/Explanations: For Underground s€mce inst~lIa!ion, Itle Cornp8ny (wvtls 8ml ¥JIll m<lblaifl the p8dmolJnt€,j transformer. primary eabie, pr!rnary protf'..e:!V& eqUipment. aM metering '6Quipmeflt Customer owns and wm ma.lf][i;jin 010 ooncn:-,:(c transformer pau end a~l cIrcuits and equipment on IO;;;Jd side of iransfooner t-errnlm,1.!::L Customer agrees to keep trar:siormer and prirnst'-y Cable tJnetl(~lJmbered and 2::,,ct?:sro:ible to Company's ITlcfnte-nanC-e vt.>/lfc-Ios and to kcc-p transformer protected from vehicular tmffic

Termination: Should Custumer terminate lhls Agr.o.'Oment for any reesot1, ~~thcr during the initial term or any -extert$I'On thereof, ,JtAess wDjved for reasons herOin, Customer sh,alJ puy to company 3. te.rmlnatlon Charge equal 10 me total ins-tnned {:(;st of facllntes deuf.C;ateo sololy lO!' SflfV!ng Customer, bss any customer contributloo to constructIon, less sC"'vUmu!ated depreCiation of the fuCilities. funded by Company, less SalV'dga value of all vdciJities dedicated solely for serving Customer, p!I.'S the cost of removal, ali as determlr,ed by Company in accordance with its $ta~ard 3CC.oUlitiflg pmcti~s; pmviooo however, that :he lennlnation charge shull not be less than zero. CUsiomers ' .... ho terminate prior to ttle expiration of' the lr.!tlal term or any extension the.reof sh;;i! <'llso pay to Company a terminauon charge equal to 00% ol the maximum denuffid set dOling the term times the rt-umber of nlont';s remaining in tho '::0r,tract period. Company may waive a portion (/r 8i! uf the 1erminalion oharg.e where (1) a SUCCf~S-50f Agreeml:mt i$ BX€tcutt:;o prior ill termination 01 thiS Agreement, (2) Customer is able to fumish Company with satisfactory evidence that a successor customer vAll occupy ihe premises withln a reasonable time -and execute Agreement for substantially the same facilltles, or (3) ihe ftl{'jltties f()( serving have been tully rlepreciaiozL Minlrnurn terrrunBtiOft notice is Two (2) ~Jlt)nlhS after Initial term is satisfied.

AGREEMENT The Undersigned hereby makes application for electric service at \he aoove service adore$. and agrees to- pay fm said semc8 as m8;35ur~ by

Utfllty's meter at the applicable rate. The Utility shaH have the right, but shall net-be obUgated. to )nSpBc( any ihstaifalkm before sP..!v1ce ;~, !ntrcduced, or 3t any later time and reserves the right:o reject 'Niring, or applmn.-::cs net il1 aCCiJrtlof'\c~ with the offldzl Code or Ut1l!t/s Standards" SL;ch inspector-. or failure 10 inspect or rejectsh;;lU not be regurc,:d e'5 all insur,:ilce against dBfects in inst"lItlhCiil, wdttg or appllan<;.c,$ and shall not rCrlder Utiiit'j iiattle :Jf responsible for any loss or damage, resulting horn defects if) !nst(.lllatio!1, v.1ring or .app:ianccs, or from violation of the Official Code{s) ;JS mght be ep?licl'!:>ie, or fwrn aCc.i-!::!ents or occurrences v:hich might (Y'.....cur upon 2,pplicant's premises, IniGa! Term ErlOS five (5) Years After' Efft)ctiv€ DatE:!.

The app!\cant, jf lhe OV<'111i:( of the pruperty, {.jranL<.; [0 the UDlity lhe rl{lht to cnnstwd, fB:{;onstnld, ~Tlaintain, and mp,~ir a sarvis;. line and h",ve free-access to. the premises of the applicant for the purpose of ir.stalling, inspectin\J ' reading rr.eters and HI:)j)8!li:h:J andfor remuving property of the Utility when service ls dlsconUnlJ¢d.

The uppl\cont. if the ffi'iner of the ~)toperty, Bgrees thal all wiring, meters, and any kind -of propi}rty plarod Gil tie pfCrnis-8S by the Uti!lty $:;811 nD~ (,.(.111stitule a part of LI-'Je real estate, but shalt remain personal pl"Jperty, tftle to which is retained by th~ Vim!:)'.

South C3fOlln8 Public Sertlce Cvmmissior1: l11is Agreement, IS sllt~ect to the Comp~ny's: "General T e=ms antj O:moiii-orls" as approved Ly)' the Comm~ss!on, and 10 fna "Ru!es and Regul<:tUons" 01 the Commission, as the foregoing !lDW -exist or !TIS.}' be arna"loed in ITle' manner prescribed by taw_ ThiS agreement is subject b fC\1ew by fue $o:;ti'I Carolina Publlc SeiVice- CC.lmmissiDr'\ ttpot: complali'1t by either party, 0, 1lursuant to'its O\ND motion, and the te:ms heroin rnay be modm~d in whole or in p: ,-or declared null and vole by l~e S01,,1h Carolina Public Service COffl1"f'l1p$!on, //

! ,/ /'''' Y . :out~d' LC:/ C/ :.--_ :outh caro~-=:U/9P'lm-:"~7;>n",,/::-__ _

y -------5-'--~ '~-' y -/,'S~i~veJiv:v~' C~h~ap~m~8'~1 ;;' :;:~2~@~§p! (Prinl Name): ,K!<:.ih'ra a Titlr'MG!'c"'G9rnmcrcial Service

Title!1;:9;v. rlJn.,r. Date ~fr!~t whss7kollda:rW L1k.,,:·Dai€~,,-~",,'I.!-2~l~'~,-,-,-Witn~~ Date5~ Distribution: 1), Origin?;! C-ustorrcr 2). Copy - Corporate Re-c:orcs 3). Copy - ~fltf:al

Exhibit CPage 1 of 3

South Caroiina Efecfz'Bc 6 Gas CompanyGENERAE SERVtCE AGREEtyfENT

i tractive Date; -fuoa 0-& 2006

tv'Qw Acct,fj, Oid Acct. jj ~~ Work Request P

DBA Panera BreadSe&vice Address 2000 Sam Rittenber Bouievard. Suite 104 Chy"ctate Cf&adcstou, SC Zip 29&jOT 1629Brliing Addross 126 N. Forest Beach Co!!rt Cjb,"Sta&e, H,itog Head isiet&d, SC Zjc 29926-6d&OPTax iDtj

DEFOStT RECttjtRED: 6, i':j-" =:-'g~~~ggf j(-:Ci~&.Satisfied By: Money irrev. Letter Sure&yamaEXieljntj SerViCe ff eXiating, Seruioe ACCOunt wu i «d&u'V &d

Other L

REASON FOR AGREEMENT: Nevi Customer; Rate Change: X Other:tf new Ownership, The Agreement supersedes Agrorcment"'atedin the r&ar!ie of DBAOther See att-chad Gcnerai Terms 8, ( onditions and SCP,.;:ds,,rd &,'onntjtjo:&s

SERVtCE fNFORMATtOtd:o»B » & I B ~23.9'13.8 'v I e & && Bw &*=F '.-'v !"Delivery Voitege 2ijBI f2!1 Volts 0 Pfleuc, -" Wire Wve ConnectedB & &B &

~B'' u»'''BBB'Bl'- "-'BMaximum installed Capacity 150 j'VA Ded&usted apacity 150 kVA

EttUJNG:Customer wiii bo biiied on Rale Schedute 20 Contract Den&and 76 kVABuijd up period of 6 mor ths beginning whi& eN~cttvu date.

Speciai ProvtsjonsjExtya FaciiftiesjExpjanattons: For Vndargrou- scn&oa inst=a! t,'o., ths Clvnp.ny Owns umf VXS maintam the padmour.tsdtransiormer, p.ima&y cab!a, pr!mary prot« tcvs squ&pmant, and ma!Bang equtxnxtnu c.m!I.n.a& owns an 'ali main; In J»c oo!Nels ucrefu&rna; m«d snc atidrCuie and Squipmart On !Oad Sids Of franaformar !arm!na!S. Cuatcmar agama !C «sap 1&aha!rumor and pnme v rob!a ur&unCumbarad anr! araaaa&bla toCumpany'8 n"Ointsnsnoa Vve!CES and tO tolp transfcrmor prciaCIad fern mht Ice !-NC.

Termination: should custuc&sr terminals this Aqr emant for ary roason. 48& ering the iritial tam& or sry ax&'areen Ihsraof,:INBBB waved for reasonsharolr, customar shul& pcy Io company a Iannlnaaon cr&srga aqu&u lo m, mtst &s&masad urn& "," n&rw!Ik B uoulcatod Bolcty &o& Bs&vlug cus&c..m&, toss;Inyboston&sr contribution m cons!motion, ious sco&mutated duple iabo«: of &ha ',ad&Nas kndsd by cr«nuany, lass 8«saga valus of ail fsolisss dedicated solely.ior ssn&ing customer, pfus the costa rsrnovat, ail as delalmI'rec by comps..j m ac»rdanrs w!Ib lhs stan ard aceous'Bng oracu&ss; pm&dd& howavac thatiha ls&minutiOn Cf&argo N&ull nut ba 1 Sa ihan Za&O. Cuatum ra Vd&a tern!cat'r!X'O t'. axc&mt&on Ot lbs. !r it!el tenn O. Bay eXteneiOn thereOf thai! atra Pay tuCon&puny 8 Ia&mfnabe& charge aqual to ggtg cf tna maxi&ours dsnwnd ast du&&NB gm &em ifmcs the number ot months ramslnirig in Ihc cataract periodr",ompany may walvs 8 portion or ail ut tf&s Iarmmulion chsnda wham (1,' suoxussor Agre nl&sr&t is uxscutad p&icr to tar&ninauon ol ii&ia n.j&con&on, tgjCuatOmsr iS able tn tumiah CumPanV Viah Saffafaotary SVidunn: tl&at 8 Su~. era!orna. &Bl Omuny &f&a Pram!usa Viid&!n a raaaorabfa Ivra and &8SCuta

Ag roc mant for edmmntially the sama f8cqitlas, or f3 j &hn tac! Iiua fcx sandng have bear. n&!e cap reset 8 l. sel &anom ta& rri&ration notes is Two &2j I Ion tnv snarir&N&81 tuna ts 88!leg&mL

AGREEMENTTh undersigned hereby nv«t&as ago@ation for alan&tc sanxos 81 'Aa smxa sorsr. address anc agruss tr pav fcr sad, cmca. Bs,naasursd by

LitT!ty's molar st the applicabla rats. Tha L'tliib shsfl have the right, Bu.& shall rot ba ob!!o«atsd, i. &nap .r 1 «ny i!wtalfap&on bslcra eevice!., t&vvcdu&xxi, or atany later sma and rcsemaa ths right '.o reject wfdng, or appliances not ir, acco&i anco wfth Ns cfgciai coda cr tj&slt .. sia dords. S&.ch inspscac&. or failura toinspuct or &ulcc! shall nci bv: &agar«cd -o= an in ur&ncs sqair s'. ~cfacts in! *Blxsosc *. & !rior cr spplhr cr: 8«d . hali not !under&'t liv Iiauls or I .Buona&bia forany toss or danrsgs, resulting hcm dulsds in 'nstall 1!on, wiring or ape!is,'"B, or rmm aol gxm of thc offioai cod lsj B mch& bs poxraivs, or f&orn&

acr!dan&a ur occu&ran&xw vs& char&gntomur upcc Bppfioanle p*,&r!8 B.:r& yei 8-v ends Pi&% i »va."rs I&f& &'&Tacuvc Cs&a.The Bpphcant, if the cmxr of!he;&mps&ty, gmn&x!o Iha t Ia!y Ihv rights ";.atrur! neon ..:; », B&uintmn, and rspa&r 8 BB&v!8 line and have rma

accuse tc the pmm&saa cf the applikan& for the purposa oi &rata'mg, ir,spading . rase! Ig r..als&B snd rap«:'n Ip 8&ndiur ran»wing pmpalty of fha utltity whens rvics is dtsconsnusd.

Tt'8 aupiicvnt, if Um oscar cf tf&8 p&uPany, agree.- 4':at al v&&rinlg, n&at ra, and any kl&N of p&lolly ptao d on 'ha prom:Bc by Smut fify ".';8!: no,cansutuia 8 part of ths real sx&ats, but shel! ran&sin paean at pmpsny, !Ns to ehkh N ramircd y tha UUlit&.

South Caroiina Pub!&c sat &ics Ccmrnissiom "1 is Agrsamsn&, ia ButesCf tp S&B Company'8 "Gsnorat sna ano Cm&d&ixv"'s appruvsd o&y Ihsomm!salon, and &o tna tauias snd asg isiions" oi the ('o&nmissic &, ss tl&a I'::Bgdng ncv axi 18& m,y ha sn&8 dac in s& "man &sr prsscribsd by taw This

agrasmsntis subjam &o ra&taw by ths costa camllna puofic ssrwcs comr, 'esIon po. oax&plaint by either pony, 8- oursuant tc it: amn&ation and the tam&st&aralu slay bc If& thc Sc:n, aroiir gouge Ssmm C~gs on.

South

(Punt Name&:

Titfe +«pa ~ Ix~x&y " Date

~jt vejW. CI&ap&T&an:. jtjy'f&tG, . Commamial Servile Dated .~ f w 'F~

B: u itic::,u'.;,W tin

Distribution: 11. Original - C«ste, rr 2j. Copy — l,orporaia qscclcs 2&. Ccpy- Canlral":~ &'.,'.!='j'CO

sk Cuc&' "B&ulnar Aclxxu&l&ng

C Page 2 of 3

STANDARD CONDITIONS

Supply and Use: Company agrees to sell and Customer agrees to buy from Company all purchased electric energy, capacity, related transmission services and any related distribution services required by Customer for use on its premises covered hereunder. Resale by Customer of energy, capacity, related transmission or related distribution services is not permitted.

Creditworthiness: Company, in order to satisfy itself of the ability of the Customer to meet its obligations under the contract may conduct periodic reasonable credit reviews in accordance with standard commercial practices. Customer agrees to assist in these reviews by providing financial information and at the request of the Company, will maintain such credit support or surety including but not limited to, an unconditional and irrevocable letter of credit to provide adequate security for protection against the riskofnonpayment.

Service Application, Deposit and Release: Prior to receiving service, Customer or its Agent must: (a) Ensure that an application for service is made to Company, either in person at one of Company's commercial offices or through the Company representative coordinating the service arrangements; (b) Post a service deposit with Company (as determined by Compar:y in accordance with S.c. Public Service Commission regulations), unless waived by Company in favor of other satisfactory assurance for payment of bills; and (c) Ensure that any inspections required by governmental authorities having jurisdiction are completed and notice thereof is given to the Company.

Commencement of New Service: Company and Customer shaJJ make every reasonable effort to have their respective facilities ready for service by the Service Date stated on Page 1. If conditions should change, the affected party shall immediately notify the other. (Bold Print terms reference the corresponding completed blanks on Page 1.)

Assignment: Neither Party shall assign this Agreement or its rights hereunder without the prior written consent of the other Party, which consent may be withheld in the exercise of its sale discretion; provided, however, either Party may, without the consent of the other Party (and without relieving itself from liability hereunder), (i) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial arrangements) (ii) transfer or assign this Agreement to an affiliate of such Party which affiliate's creditworthiness is equal to or higher than that of such Party, or (iii) transfer or assign this Agreement to any person or entity succeeding to all or snbstantially all of the assets whose creditworthiness is equal to or higher than that of such Party; provided, however, that in each such case, any such assignee shall agree in writing to be bOUlld by the terns and conditions hereof and so long as the transferring Party delivers such tax and enforceability assurance as the non-transferring party may reamnably request.

Term: This Contract shall commence on the Effective Date (the date on which this contract is fully executed) and shall continuc for the full Initial Term, unless an early tennination is mutually agreed upon. Thereafter, it will extend automatically until terminated by either party giving the other a ~written Minimum Termination Notice. Billing for service rendered hereunder shall COmmence on the Service Date (the date customer contracts for service under the tariff applicable to this contract) or the date that service is first made available, whichever is later, or in accordance with terms stated under Special Provisions.

Termination: Should Customer tenninate this contract and disconnect service for any reason, either during the initial term or any extension thereof unless waived as provided for herein, Customer shall pay to the Company a facilities termination charge equal to Ca) the total installed cost of facilities dedicated solely for serving Customer, (b) less any Cnstomer contnbution to construction, C c) less accumulated depreciation of the facilities funded by Company, (d) less salvage value of all facilities dedicated solely for serving Customer, (e) plus the cost of removal (including any associated environmental investigation/remediation costs related to a spill or release of hazardons substances caused by Customer Or those paid or incurred by the Company which were not the result of negligence on the part of the Com. ny), all as detennined by Company in accordance with its standard accounting practices; provided, however, that the termina . on .

Approval Initials F

2


STANDARD COND!T!GNS

Supply and Use: Company agrees to sell and Custom . agrees to buy fmm Company all purchased electric energy, capacity,related transmission services and any related iiistribuiion services mquired by Customer for use on its premises coveredhereunder, Resale by Customer of energy, capacity, related tzansmission. or r lated distribution services is not permitted.

Creditworthiness: Company, in order to satisfy itself of zhe ability of the Customer to meet its obligations under the contractmay conduct periodic reasonable credit reviews in accordance witn standard comrzercial practices. Customer agrees to assistin these. reviews by providing financial information and at the request of the Company, will maintain such credit support orsurety including but not limited to, an un"onditional and irrevocable letter of creuit to provide adequate security for protectionagainst the rislc of nonpayment.

Service Application, Deposit and Release: Prior to receivmg sezvice, Customer or its Agent must: (a) Ensure that anapplication for service is made to Company, eithe". in carson at one of Company's commercial offices or through the Companyrepresentative coordinating the service arrangements; (b) Post a sernce deposit with Company (as determined by Compar y inaccordance with S.C. Public Service Commission reguiations), un!ess waived by Company in favor of other satisfactoryassurance for payment of bills; and (c) Ensuze that any inspections required bv governments! authorities having jmzsdictionare completed and notice thereof is given to the Con.pany.

Commencement of New Service: Company and. Customer shall make every reasonable effort to have their respecbvefeei!ities ready for seivice by the Service Date staten on Page 1. If cond'tons should change, the affected party shallimmediately notify the other. (Bo(d Print terms reference the correrpondhng coinpieted blanks on Page 1 J

Assignment; Neither Pmty shall assign this Agreemen". or its rignhts hereunder without, the prioz written consent of the otherParty, which consent may be withheld in the exercise of tits so'.e kscretiozq provided, hoivever, either Party may, without theconsent of the other Party (and. without relieving itself om liability hereunder), (i) transfer, sell, pledge, encumber or assignthis Agreement or the accounts, revenues or proceeds hereof in corn.ectior with any financing or other financial arrangements,{ii) transfer or assign this Agreement to an affiliate of such Party which af5!iate*s creditworthiness is equal to or higher thanthat of such Party, oz (iii) transfer or assign this Agreemer't to any person oi entity succeeding to all or substantially all of theassets whose creditworthiness is equal to or higher than that of such Party; provdd&, however,.that in each such case, any suchassignee sha!1 agree in writing to be bound by the ter..s and conditions 1 ereof snd so long as tlie transferring Party deliverssuch tax and enforceability assurance as the non-trar sfemng Pmty may reasonably request.

Term: This Contract shall commence on the Xffective Date {the d-te on which this contract is fully executed) and shaLl

continue for the full Initial Term, unless an ear!y temdnat on is muruaUy agreed upon. Thereafter, it will extendautomatically until tenn r.ated by eithez party giving the other uzznen !ilinimum Termination Notice. Billing for servicerendered hereunder shall commence on the Service Date (the date customer contracts for service under the tariff applicable tothis contract) or the date that service is first mace available, wh chever is later, or in accordance with terms stated underSpecial Provisions.

Termination: Should Customer terminate this contract and discozaz~ service for any reason, either during tl e initial term orany extension thereof unless waived as provided. for herein., Customer shel: pay m Qze Company a facilities termination chargeequal to (a) the total installed cost of facilities dedicated solely for servir g Customer, (b) less any Customer contribution toconstruction, (c) less accumulated depreciation of the facilities ianded oy Corcpany, (d) less salvage value of all fact!itiesdedicated solely for serving Customer, (e) plus the cost of removal (including any associated environmentalinvestigation/remediation costs related to a spil! oz release oi hazardous «ubsrances caused by Customer or those. paid orincuzred by the Company which were not the resu!t of neg!igence cn the part of -b C ) 11 as determined by Companyin accordance with its standard. accounting pzactices; provided, hoivever, that the

Approval InitialsF vustonzer nzpaily

C Page 3 of 3

charge shall not be less than zero. Customers who tenninate prior to the expiration of the initial term or any extension thereof may also be required to pay to Company a demand termination charge equal to 90% of the maximum demand set during the term times the demand rate in effect at the time of tennination times the number of months remaining in the contract period. Company may waive a portion or all of the termination charges where (1) a SllCcessor contract is executed prior to tennination of this Contract, or (2) Customer is able to furnish Company with satisfactory evidence that a successor customer ffill occupy the premises within a reasonable time and contract for substantially the same service facilities. If deregulation should occur during the term of this contract, the above demand termination charge, after deregulation, ""ill be determined by appropriate governing autborities rules at that time. The tennination charges above shall not preclude additional termination charges approved by the SCPSC or imposed by law.

bnpaired Service: Customer shall be responsible for installing and maintaining on its system such protective equipment as necessary for protecting its equipment from single phase conditions, momentary interruptions or voltage fluctuations arising from conditions on its system or from Company's supply lines. Customer shall not operate its equipment of such nature and in such manner as to impose voltage flicker, surges, or harmonics on Company's system that adversely affects the Company's system or its service to other Customers. Adverse conditions verifiable as of Customer origin shall be corrected promptly by Customer or upon Notice Company may discontinue service until the conditions are corrected. Customer agrees to keep Company equipment unencumbered and accessible at all times.

Load Increase: If Customer contemplates a load increase, which may exceed the Maximum Capacity stated on Page 1, Customer shall give Company written notice' of planned increase, ffith sufficient lead-time for Company to enlarge its facilities. In such cases this Contract may be amended by mutual consent of the parties. to reflect any changes in the service characteristics, applicable charges or conditions of servicc.

Facility Relocation: Should Customer request Company to relocate any of its facilities, or take any action, which will require Company to relocate its facilities, Customer, shall reimburse Company for the costs incurred.

Hold Harmless: Company and Customer do respectively assume full responsibility for the maintenance and operation of the facilities owned and/or operated by each, and each shall indemnify and except as hereafter limited, shall hold the other harmless from any loss resulting from bodily injury (including death) or damage of property arising directly or indirectly out of any negligent or willful act or failure to act on the inderrmitor's part in the installation, maintenance, operation, replacement and/or removal of the facilities owned and operated by each. Neither party shall be liable to the other in any event, whether in contract, tort or otherwise, for any loss of revenue, profits, use of production, costs of capital or purchased or replacement power, interest, business interruption, claims of customers or any other incidental, indirect or consequential damages of any naMe whatsoever. Customer(s) aclmowledge(s) the presence of overhead and/or underground power lines and understands that contact ffith them could cause serious injury or death.

South Carolina Public Service Commission: This Contract, the Billing Rate referenced on Page 1, and all services rendered hereunder, are subject to the Company's "General Terms and Conditions" as approved by the Commission, and to the "Rules and Regulations" of the Commission, as tbe foregoing now exist or may be amended in the manner prescribed by law. The biiling Rate and General Terms and Conditions are attached and made a part hereof; Rules and Regulations are made apart by reference and are available upon request. This contract is specifically intended to surviv eregulation or retail access.

Approval Initials -Jt!??,L-O:--::::--:----For Customer

3

For SCE&G Company


charge shall not be less than zero. Customers who terminate prior to the exp'ration of the initial term or any extension thereofmay also be required to pay to Company a demand termination charge equal ta 90% of the maximum demand set during the

term times the demand rate in effect at the time of ienmration tin'es the number of months remaining in the contract period,Company may waive a portion or all of the termination cbarges where (1) a successor co~tract is executed poor to terminationof this Contract, or (2) Customer is able to furnish Company w th satisfactory evidence that a successor customer will occupythe premises within a reasonable time and contract for substantially die same service facilities. If deregulation should occurduring the term of this contract, the above demand terrnineflan charge, after aeregulation, vdil be determined by appropriategoverning authonties rules at that time. The termination charges above shaL'ot preclude additional termination chargesapproved by the SCPSC or imposed by law.

Impaired Service: Customer shall be respansrTiIe for insta]1 ng and maintairr'rg on its system such protective equipment asnecessary for protecting its equipment from single p'nese condtnons, moment@ interruptions or voltage fluctuations arisingfrom conditions on its system or from Company's supply lines. Customer shall not operate its equipment of such nature and. in

such manner as to impose voltage flicker, surges, or harmonics on Company's system that adversely affects the Company'ssystem or its service to other Customers. Adverse conditions veriflable as of Customer orig'n shall be corrected promptly byCustomer or upon Notice Company may discontinue service unt.'I the conditions are corrected. Customer agrees to keepCompany equipment unencumbered and accessible at aVi times.

Load Increase: If Customer contemplates a load increase, which may exceed the Maximum Capacity stated on Page 1,

Customer shall give Company written notice'of planned increase, with sufflcient lead-time for Company to enlarge itsfacilities. In such cases this Contract may be amended by m itual consent of the parhes to reflect any changes in the servicecharacteristics, applicable charges or conditions o. s rvice.

Facility Relocation: Should Customer request Compary to relocate any of its facilities, or take any action, which will requireCompany to relocate its facilities, Customer, shall mimbu".se Conmary for the casts mcurred.

Hold Harmless: Company and Customer do respective'.y assum full responsibility for the maintenance and operation of thefacilities owned and/or operated by each, and each shall indenuufy and except as hereafter limited, shall hold the otherharmless from any loss resulting from bodily mjury (including de" rh) ar damage of property arising direct]y or indirectly outof any negligent or willful act or failure to act on the indemnitor*s part in the irstallation, maintenance, operation, replacementand/or removal of the facilities owned and operated by each. Ne'. her pmty stw'I be iiable to the other in any event, whether incontract, tort ar otherwise, for any loss of revenue, proflts, use of productioni costs of capital or purchased or replacementpower, interest, business interruption, clahns of customs"s or any other incidental, indirect or consequential damages of anynature whatsoever. Customer(s) aclmowledge(s) Be nresence of overhead andi'or underground power lines and understandsthat contact with them could cause senous htjury or death.

South Carolina Public Service Commission: This Cont act, tl:e Billing Rate referenced on Page 1, and all services renderedhereunder, are subject to the Company's "General Terms and Condi.ians" as approved by the Commission, and ta the "Rulesand Regulations" of the Commission, as the foregoing nmv exist or may be amerded in the manna~ prescribed by law Thebilling Rate and General Terms and Conditions are attached a»d made a part hereof; Rules and Regulations are made a part byreference and are available upon request. This con ail access.

Approval InitialsFor C sterner For SCAG Company

Non-Residential Electric Rates

Exhibit D Page 1 of 2

RATE 3, Municipal Power Service, is available to municipal customers for municipally owned and operated facilities including public buildings and pumping stations. This rate requires a written contract for a minimum term of 10 years.

RATE 9, General Service, is available to commercial, industrial, religious and charitable organizations including temporary and large construction service. It is an energy rate with a KVA demand charge for all KVA in excess of 250 during the billing months of June through September.

RATE 10, Small Construction Service, is available as a temporary single-phase-only service to buildings under construction.

RATE 11, Irrigation Service, is a time-of-use rate available to drive pumps and systems supplying water for irrigation purposes only. Service requires a written contract with a minimum term of 10 years.

RATE 12, Church Service, is available to recognized churches. Service is not available under this rate for churches offering activities of a commercial nature such as day care, camps or recreational activities.

RATE 13, Municipal Lighting, is available to municipal customers for municipally owned and operated facilities for lighting streets and other public places and for operating signal systems. This rate requires a written contract for a minimum term of 10 years.

RATE 14, Farm Service, is available for use on farms for producing but not processing agricultural, dairy, poultry, and meat products. Motors rated in excess of 20 HP cannot be served under this rate.

RATE 15, Supplemental and Standby Service, is available to provide Qualifying Facilities with service when their equipment is unavailable or when they require power above that normally generated by such equipment.

RATE 16, General Service Time-of-Use, is a seasonal time-of-use rate available to customers having an on-peak demand of less than 1,000 KW. This is an energy-only rate.

RATE 20, Medium General Service, is available as a combination demand and energy rate for customers having a minimum billing demand of 75 KVA. This rate requires a written contract for a minimum term of five years.

continued

Exhibit D

Summary of Non-ResidentialElectric Rates

RATE 3, Municipal Power Service, is available to municipalcustomers for municipally owned and operated facilitiesincluding public buildings and pumping stations. This raterequires a written contract for a minimum term of 10 years.

RATE 9, General Service, is available to commercial,industrial, religious and charitable organizations includingtemporary and large construction service. It is an energyrate with a KVA demand charge for all KVA in excess of 250during the billing months of June through September.

RATE 10, Small Construction Service, is available as atemporary single-phase-only service to buildings underconstruction.

RATE 11, Irrigation Service, is a time-of-use rate availableto drive pumps and systems supplying water for irrigationpurposes only. Service requires a written contract with aminimum term of 10 years.

RATE 12, Church Service, is available to recognizedchurches. Service is not available under this rate for churchesoffering activities of a commercial nature such as day care,camps or recreational activities.

RATE 13, Municipal Lighting, is available to municipalcustomers for municipally owned and operated facilities forlighting streets and other public places and for operatingsignal systems. This rate requires a written contract for aminimum term of 10 years.

RATE 14, Farm Service, is available for use on farms forproducing but not processing agricultural, dairy, poultry, andmeat products. Motors rated in excess of 20 HP cannot beserved under this rate.

RATE 15, Supplemental and Standby Service, is availableto provide Qualifying Facilities with service when theirequipment is unavailable or when they require power abovethat normally generated by such equipment.

RATE 16, Generai Service Time-of-Use, is a seasonaltime-of-use rate available to customers having an on-peakdemand of less than 1,000 KVV. This is an energy-only rate.

RATE 20, Medium General Service, is available as acombination demand and energy rate for customers havinga minimum billing demand of 75 KVA. This rate requires awritten contract for a minimum term of five years.

continued

of 2 RATE 21, General Service Time-of-Use Demand, IS a

seasonal time of use rate available to customers having a minimum contract demand of 50 KVA and a maximum demand of less than 1,000 KVA. This is a combination demand and energy rate. This rate requires a written contract for a minimum term of five years.

RATE 22, School Service, is available to non-boarding schools with grades K-12. Service is not available under this rate for schools offering activities of a commercial nature such as day care, camps or recreational activities.

RATE 23, Industrial Power Service, is available as a combination demand and energy rate to industrial customers having a minimum billing demand of 1,000 KW. This rate requires a written contract for a minimum term of five years.

A RIDER TO RATES 20 AND 23 FOR COOL THERMAL STORAGE is available to encourage removal of air conditioning load from the system peak.

RATE 24, Large General Service Time-of-Use, is a seasonal on-peak and off-peak consumption (KWH) and demand (KW) rate available to customers having a minimum billing demand of 1,000 KW. This rate requires a written contract for a minimum term of five years.

A RIDER TO RATES 23 AND 24 FOR INTERRUPTIBLE SERVICE is available for customers willing to be exposed to interruption during certain hours up to a total number of annual hours, which offers a credit against the demand charge.

RATE 28, Small General Service Time-of-Use Demand, is an experimental rate that bills a seasonal on-peak KW demand charge and a monthly off-peak KW demand charge. The maximum on-peak monthly billing demand for this rate is 100 KW. This rate also bills an energy charge for on/off-peak KWH. It is limited to a maximum of 25 non-net metering customers and requires a written contract for a period of not less than one year.

LIGHTING RATES, Various mercury vapor, metal halide and high pressure sodium fixtures are available for flood, street and private overhead lighting. These rates require written contracts.

Copies of rates are available from any SCE&G business office or online at sceg.com.

www.sceg.com <SCE&G® A SCANA COMPANY

mc_ELEC13T4626 09/13

Exhibit D

Page 2 of 2RATE 21, General Service Time-of-Use Demand, is a

seasonal time of use rate available to customers having aminimum contract demand of 50 KVA and a maximum demandof less than 1,000 KVA. This is a combination demandand energy rate. This rate requires a written contract for aminimum term of five years.

RATE 22, School Service, is available to non-boardingschools with grades K-12. Service is not available under thisrate for schools offering activities of a commercial naturesuch as day care, camps or recreational activities.

RATE 23, Industrial Power Service, is available as acombination demand and energy rate to industrial customershaving a minimum billing demand of 1,000 KW. This raterequires a written contract for a minimum term of five years.

A RIDER TO RATES 20 AND 23 FOR COOL THERMALSTORAGE is available to encourage removal of airconditioning load from the system peak.

RATE 24, Large General Service Time-of-Use, is aseasonal on-peak and off-peak consumption (KWH) anddemand (KW) rate available to customers having a minimumbilling demand of 1,000 KW. This rate requires a writtencontract for a minimum term of five years.

A RIDER TO RATES 23 AND 24 FOR INTERRUPTIBLESERVICE is available for customers willing to be exposed tointerruption during certain hours up to a total number of annualhours, which offers a credit against the demand charge.

RATE 28, Small General Service Time-of-Use Demand, is anexperimental rate that bills a seasonal on-peak KW demandcharge and a monthly off-peak KW demand charge. Themaximum on-peak monthly billing demand for this rate is100 KW. This rate also bills an energy charge for on/off-peakKWH. It is limited to a maximum of 25 non-net meteringcustomers and requires a written contract for a period of notless than one year.

LIGHTING RATES, Various mercury vapor, metal halideand high pressure sodium fixtures are available for flood,street and private overhead lighting. These rates requirewritten contracts.

Copies of rates are available from any SCEII 6 business officeor online at sceg.corn.

www.sceg.cornA CCANA COMPANY

mc ELEC131462669/13

& Gas Company

I. GENERAL

A.FOREWORD


Exhibit E Page 1 of 8

Electric (Page 1 of 8)

1. In contemplation of the mutual protection of both South Carolina Electric & Gas Company and its Customers and for the purpose of rendering an impartial and more satisfactory service, the General Terms and Conditions of the Company are hereby set forth and filed with the Public Service Commission of South carolina, which has jurisdiction over public utilities, so as to read as hereinafter set forth; the same being incorporated by reference in each contract or agreement for service.

2. These Terms and Conditions are supplementary to the Rules and Regulations issued by the Public Service Commission of South carolina covering the operation of electric utilities in the State of South carolina.

3. These Terms and Conditions may be supplemented for specific Customers by contract.

4. South Carolina Electric & Gas Company is referred to herein as "Company", and the user or prospective user is referred to as "Customer". The Public Service Commission of South Carolina is referred to as "Commission".

B. Application Provisions of these Terms and Conditions apply to all persons, partnerships, corporations or others deSignated as Customers who are lawfully receiving electric service from Company under the prescribed Rate Schedules or contracts filed with the Commission. Receipt of service shall constitute a contract between Customers and the Company. No contract may be transferred without the written consent of the Company.

C. Term of Service The rates prescribed by the Commission are based upon the supply of service to each individual Customer for a period of not less than one year, except as otherwise specifically provided under the terms of the particular Rate Schedule or contract covering such service.

D. Terms and Conditions The Terms and Conditions contained herein are a part of every contract for service entered into by the Company and govern all classes of service where applicable unless specifically modified as a provision or provisions contained in a particular Rate Schedule or contract.

E. Selection of Appropriate Rate Where two or more Rate Schedules are available, the Company will attempt to assist the Customer to a reasonable extent in determining which Schedule to select. The Company may allow a buildup period not to exceed six months for new and expanding accounts during which time the contract demand and/or minimum demand specified in the Rate Schedule may be waived. It is the responsibility of the Customer to select the Rate and the Company will not assume responsibility for the choice.

F. Temporary Service Temporary or seasonal service will be furnished under the appropriate General Service Rate Schedule to any Customer. Temporary service shall include all construction services having a life expectancy of one year or less. Payment is required in advance for the full cost of erecting and removing all lines, transformers, and other service facilities necessary for the supply of such service.

G. Statements by Agents No representative of the Company has authority to modify any Rule of the Commission, provisions of Rate Schedules or to bind the Company by any promise or representation contrary thereto.

Supersedes General Terms & Conditions For Electric Issued January 6, 2005

Effective For Servic e Rendered On And After January 1, 2008

Exhibit E

Page 1 of 8

South Carolina Electric & Gas Company


Electric(Page 1 of 8)

I. GENERAL

A. FOREWORD1. In contemplation of the mutual protection of both South Carolina Electric & Gas Company and its

Customers and for the purpose of rendering an impartial and more satisfactory service, the GeneralTerms and Conditions of the Company are hereby set forth and filed with the Public ServiceCommission of South Carolina, which has jurisiidion over public utilities, so as to read as hereinafterset forth; the same being incorporated by reference in each contract or agreement for service.

2. These Terms and Conditions are supplementary to the Rules and Regulations issued by the PublicService Commission of South Catalina covering the operation of electric utilities in the State of SouthCarolina.

& These Terms and Conditions may be supplemented for specific Customers by contract.

4. South Carolina Electric & Gas Company is referred to herein as "Company", and the user orprospective user is referred to as "Customer". The Public Service Commission of South Carolina is

referred to as "Commission".

B. ApplicationProvisions of these Terms and Conditions apply to ail persons, partnerships, corporations or others designatedas Customers who are lawfully receiving electric service from Company under the prescribed Rate Schedulesor contracts filed with the Commission. Receipt of senfice shall mnstitute a contract between Customers andthe Company. No contract may be transferred without the written consent of the Company.

C. Term of ServiceThe rates prescribed by the Commission are based upon the supply of service to each individual Customer fora period of not less than one year, except as otherwise specificall provided under the terms of the particularRate Schedule or contract covering such service.

D. Terms and ConditionsThe Terms and Conditions contained herein are a part of evety mntract for service entered into by theCompany and govern all classes of service where applicable unless specifically modified as a provision orprovisions contained in a particular Rate Schedule or contract.

E. Selection of Appropriate RateWhere two or more Rate Schedules are available, the Company will attempt to assist the Customer to areasonable extent in determining which Schedule to select. The Company may allow a buildup period not toexceed six months for new and expanding acmunts during which time the contract demand and/or minimumdemand specified in the Rate Schedule may be waived. It is the responsibihty of the Customer to select theRate and the Company will not assume responsibility for the choice.

F. Temporary ServiceTemporary or seasonal service will be furnished under the appropriate General Service Rate Schedule to anyCustomer. Temporary service shall include ail mnstruction services having a life expectancy of one year orless. Payment is required in advance for the full cost of erecting and removing all lines, transformers, andother service facilities necessary for the supply of such service.

G. Statements by AgentsNo representative of the Company has authority to modify any Rule of the Commission, provisions of RateSchedules or to bind the Company by any promise or representabon contrary thereto.

Supersedes General Terms fk ConditionsFor Eiectnc Issued January 6, 2006

Effective For Service RenderedOn And After January I, 2006

Carolina Electric & Gas Company

II. DEFINITIONS



Except where the context otherwise indicates another or different meaning or intent, the following terms are intended and used and shall be construed to have meanings as follows: A. "Day" shall mean period of twenty-four (24) consecutive hours beginning at 12 o'clock Midnight

Eastern Time or at such other hours as may be deSignated.

B. "Month" or "Billing Month" shall mean the period between any two (2) regular readings of Company's meters which shall not be less than twenty-eight (28) days or more than thirty-four (34) days.

C. "Year", unless otherwise deSignated, shall mean a period of 365 days commencing with the day of first delivery of electricity hereunder, and each 365 days thereafter except that in a year having a date of February 29, such year shall consist of 366 days.

D. "Premises" shall mean home, apartment, dwelling unit, shop! factory, business location (including signs and water and sewage pumps), church, or other building or structure which shelters the Customer for his individual or collective occupancy where all services may be taken from a single connection.

E. "Service Point" or "Point of Interconnection" shall mean the point at which Company's and Customer's conductors are connected.

F. "Standard Service" means a single service per premises from one electrical source and from existing overhead facilities.

III. CONDITIONS OF SERVICE

A.GENERAL The Customer shall consult with and furnish to the Company such information as the Company may require to determine the availability of the Company's Service at a particular location before proceeding with plans for any new or additional electric loads. No new or additional electric loads will be served if it is determined that such service will jeopardize service to existing Customers. Failure to give notice of additions or changes in load or location shall render the Customer liable for any damage to the meters or other apparatus and eqUipment of the Company, the Customer and/or other Customers caused by the additional load or changed installation.

B. Character of Service Electric energy supplied by the Company shall be standard alternating current at a frequency of approximately 60 hertz and shall be delivered only at voltages and phases as specified by the Company.

C. Rights-of-Way The Company shall not be required to extend its distribution and service facilities, for the purpose of rendering electric service to the Customer until satisfactory rights-of-way, easements or permits have been obtained from governmental agencies and property owners, at the Customer's expense to permit the installation, operation, and maintenance of the Company's lines and facilities. The Customer, in requesting or accepting service, thereby grants the Company without charge necessary rights-of-way and trimming and clearing privileges for its facilities along, across, and under property controlled by the Customer to the extent that such rights-of-way and trimming and clearing privileges for its facilities along, across, and under property controlled by the Customer are required, necessary or convenient to enable Company to supply service to the Customer and the Customer also grants the Company the right to continue to extend the Company's facilities on, across, or under property controlled by the customer with necessary trimming and clearing rights to serve other Customers. Customer shall maintain such right-of-way so as to grant Company continued access to its facilities by Company's vehicles and other power-operated equipment.


Effective For Servic e Rendered On And After January 1, 2008

Exhibit E

Page 2 of 8

South Carolina Electric fE Gas Company

II. DEFINITIONS


Except where the context otherwise indicates another or different meaning or intent, the following terms areintended and used and shall be construed to have meanings as follows:A. "Day" shall mean period of bventy-four (24) consecutive hours beginning at 12 o'lock Midnight

Eastern Time or at such other hours as may be designated.

B. "Month" or "Billing Month" shall mean the period between any two (2) regular readings ofCompany's meters which shall not be less than twenty-eight (28) days or more than thirty-four (34)days.

C. "Year", unless otherwise designated, shall mean a period of 365 days commencing with the day offirst delivery of electricity hereunder, and each 365 days thereafter except that in a year having adate of February 29, such year shall I onsist of 366 days.

D. "Premises" shall mean home, apartment, dwelling unit, shop, factory, business location (includingsigns and water and setvage pumps), church, or other building or structure which shelters theCustomer for his individual or collective occupancy vfhere ail services may be taken from a singleconnecUon.

E. "Service Point" or "Point of Interconnection" shall mean the point at which Company's andCustomer's conductors are connected.

F. "Standard Service" means a single service per premises from one electrical source and from existingoverhead faciliges.

IIB CONDITIONS OF SERVICE

A. GENERALThe Customer shall consult with and furnish to the Company such information as the Company may require todetermine the availability of the Company's Service at a particular location before proceeding with plans forany new or additional electric loads. No new or additional electric loads will be served if it is determined thatsuch service will jeopardize service to existing Customers, Failure to give notice of additions or changes in

load or location shall render the Customer liable for any damage to the meters or other apparatus andequipment of the Company, the Customer and/or other Customers caused by the additional load or changedinstallation.

B. Character of ServiceElectric energy supplied by the Company shall be standard alternating current at a frequency ofapproximately 6(j herlz and shall be delivered only at voltages and phases as specified by the Company.

C. Rights-of-WayThe Company shall not be required to extend tb; distribution and service facilities, for the purpose ofrendering electric service to the Customer until satisfactory rights-of-way, easements or permits have beenobtained from governmental agencies and property owners, at the Customer's expense to permit theinstallation, operation, and maintenance of the Company's lines and facilities. The Customer, in requesting oraccepting service, thereby grants the Company without charge necessary rights-of-way and trimming andclearing privileges for its facilities along, across, and under property controlled by the Customer to the extentthat such rights-of-way and trimming and clearing privileges for its facilities along, across, and under propertycontrolled by the Customer are required, necessary or convenient to enable Company to supply service tothe Customer and the Customer also grants the Company the right to continue to extend the Company'sfacilities on, across, or under property controlled by the customer with necessary trimming and clearing rightsto serve other Customers. Customer shall maintain such right-of-way so as to grant Company continuedaccess to its facilities by Company's vehides and other power-operated equipment.

Supersedes General Terms 8 ConditionsFor Eiectnc Issued January 6, 2005

Effective For Servic e RenderedOn And After January I, 2008

Gas Company

D. a..stomer's Installation



Customer's service installations shall be made in accordance with these General Terms and Conditions, Specifications for Service and Meter Installations, existing provisions of the National Electrical Code, the Regulations of the National Board of Fire Underwriters and such other regulations as may be promulgated from time to time by any municipal bureau or other governmental agency having jurisdiction over the Customer's installation or premises.

Customer's wiring and equipment must be installed and maintained in accordance with the requirements of the local, municipal, state, and federal authorities, and the Customer shall keep in good and safe repair and condition such wiring and equipment on Customer's side of the service point exclusive of Company's metering facilities and eqUipment. Customer's service entrance requirements shall be stipulated in the Electric SelVice and Meter Installations Manual, and other manuals published by the Company and approved by the Commission.

Before wiring a premise or purchasing equipment, the Customers shall give the Company notice and shall ascertain from the Company the character of service available at such premises. The Company may specify the voltage and phase of the electricity to be furnished, the location of the meter, and the point where the service connection shall be made.

Customers service entrance requirements shall be stipulated in the Electric Service and Meter Installations Manual, and other manuals published by the company and approved by the Commission.

It is the standard practice of the Company to provide all requirements of service for the Customer through a single metering point at each premises.

Where more than one service is required by the Customer, and requested services meet all applicable code requirements the Company will provide such additional service upon payment by the Customer to the Company of the charges above the first service. Each service point shall be a separate account. No new service will be connected without proper release from the inspecting authority having jurisdiction. Should there be no inspecting authority in the jurisdiction, the Company shall determine whether or not applicable codes are met and shall have no obligation to provide service until such time as they are met.

Customer shaH furnish at his sale expense any special facilities necessary to meet his particular requirements for service at other than the standard conditions speCified under the provision of the applicable Rate Schedule. The Customer shall also provide protection for Customer's equipment from conditions beyond the Company's control including, but not limited tar protective devices for Single-phase conditions. The Customer shall also provide a suitable placer foundation and housing where, in the judgment of the Company, it is deemed necessary to install transformers, regulators, control or protective equipment on the Customer's premise.

All equipment supplied by the Company shall remain its exclusive property and Company shall have the right to remove the same from the premises of Customer at any time after termination of service for any cause.

Should Customer electr for any reason, to request relocation of Company's facilities or take any action, which requires such relocation, customer may be required to reimburse the Company for all costs as a result of such relocation, Company may relocate existing service and facilities, at Company's expense, when necessary for system design or operation and maintenance reqUirements.

The Customer shall be responsible for the protection and safekeeping of the equipment and facilities of the Company while on the Customer's premises and shall not permit access thereto except by duly authorized representatives of the Company. Customer assumes responsibility and liability for damages and injuries caused by failure or malfunctions of Customer's equipment.


Effective For Service Rendered On And After Janu ary 1, 2008

Exhibit E

Page 3 of 8

South Carolina Electric Bt Gas Company Electric(Page 3 of 8)

D. Customer's InstallationCustomer's service installations shall be made in accordance with these General Terms and Conditions,Specifications for Service and Meter Installations, existing provisions of the National Electrical Code, theRegulations of the National Board of Fire Undeiwriters and such other regulations as may be promulgatedfrom time to time by any munidpal bureau or other governmental agency having jurisdiction over theCustomer's installation or premises.

Customer's wiring and equipment must be installed and maintained in accordance with the requirements ofthe local, municipal, state, and federal authorities, and the Customer shall keep in good and safe repair andcondition such wiring and equipment on Customer's side of the service point exclusive of Company's meteringfacibties and equipment.Customer's service entrance requirements shall be slipuiated in the Electric Service and Meter InstallationsManual, and other manuals published by the Company and approved by the Commission.

Before wiring a premise or purchasing equipment, the Customers shall give the Company notice and shallascertain from the Company the character of service available at such premises. The Company may specifythe voltage and phase of the electricity to be furnished, the location of the meter, and the point where theservice connection shall be made.

Customer's service entrance requirements shall be stipulated in the Electric Service and Meter InstallationsManual, and other manuals published by the company and approved by the Commission.

It is the standard practice of the Company to provide all requirements of service for the Customer through asingle metering point at each premises.

Where more than one service is required by the Customer, and requested services meet all applicable coderequirements the Company will provide such additional service upon payment by the Customer to theCompany of the charges above the first service. Each service point shall be a separate account. No newservice will be connected without proper release from the inspecting authonty having jurisdiction. Shouldthere be no inspecting authority in the jurisdiction, the Company shall determine whether or not applicablecodes are met and shall have no obligation to provide service until such time as they are met.

Customer shall furnish at his sole expense any special faciiiyies necessary to meet his particular requirementsfor service at other than the slandard conditions specified under the provision of the applicable RateSchedule. The Customer shall also provide protection for Customer's equipment from conditions beyond theCompany's control including, but not limited to, protective devices for single-phase conditions. The Customershall also provide a suitable place, foundation and housing where, in the judgment of the Company, it isdeemed necessary to install transformers, regulators, control or protective equipment on the Customer'premise.

All equipment supplied by the Company shall remain its excluswe property and Company shall have the nghtto remove the same from the premises of Customer at any time alter termination of service for any cause.

Should Customer elect, for any reason, to request reiocaixin of Company's facilities or take any action, whichrequires such relocation, customer may be required to reimburse the Company for all costs as a result of suchrelocation. Company may relocate existing service and facikbes, at Company's expense, when necessary forsystem design or operation and maintenance requirements.

The Customer shall be responsible for the protecbon and safekeeping of the equipment and facilities of theCompany while on the Customer's premises and shall not permit access thereto except by duly authorizedrepresentatives of the Company. Customer assumes responsibility and liability for damages and injuriescaused by failure or malfunctions of Customer's equipment.

Supersedes General Terms & ConditionsFor Electric Issued Ianuary 6, 2008

Effective For Service RenderedOn And After sanu art I, 2008


E. Special Equipment


Electric (Page 4ofS)

Where a separate transformer or other additional electrical utility standard equipment or capacity is to be used to eliminate fiuctuations or other effects detrimental to the quality of service to other Customers due to welding or X-ray equipment, etc., the Company may make a reasonable charge for the transformer equipment and line capacity required. In lieu of the above, the Company may require the Customer to either discontinue the operation of the equipment causing the disturbance or install the necessary motor generator set or other apparatus to eliminate the disturbance detrimental to the service of other Customers.

F. Safe Access to Customer's Premises The duly authorized representatives of the Company shall be permitted safe access to Customer's premises at any and all reasonable times to inspect, operate and maintain the Company's and the Customer's facilities and eqUipment for any and all purposes connected with the delivery of service, the determination of connected load or other data to be used for billing purposes, the determination of Customer load requirements or the exercise of any and all rights under the agreement.

G. Company's Installation and Service Where the Customer's requested service to be supplied by the Company does not produce revenue sufficient to support the expenditure required, the Company will determine in each case the amount of payment and form thereof that shall be required of the Customer.

Electricity supplied by the Company shall not be electrically connected with any other source of electricity without reasonable written notice to the Company and agreement by the parties of such measures or conditions, if any, as may be required for reliability of both systems.

Service supplied by the Company shall not be resold or assigned by the Company to others on a metered or unmetered basis; nor shall the Customer's wiring be connected to adjacent or other premises not owned or operated by the Customer without speCific written approval of the Company and of the Commission.

The Company's service facilities will be installed above ground on poles or fixtures; however, underground facilities will be provided when requested in accordance with the Company's appropriate underground service publications.

In Areas of Overhead Distribution: The Company will install and maintain an overhead service drop for loads up to 500 KVA from its overhead distribution system to the Customer's service connection provided the transformer can be placed in the proximity of the service point. For residential Customers, if specifically requested by the Customer, the Company will install and maintain a single phase underground service to any residence (terrain permitting) provided the Customer pays in advance the difference in cost between a new overhead service and the new underground service of equal current carrying capacity.

In Areas of Underground Distribution: The Company will install and maintain the necessary underground facilities to provide a point of service at the Customer's property line or at another location deSignated by the Company. For residential Customers, the Company will install and maintain a Single-phase service to the service point as deSignated by Company, up to a maximum length of 125 feet. If the requested residential service to Company's deSignated service point exceeds 125 feet in length, the Customer will pay in advance the total additional cost for that portion in excess of 125 feet in length. For underground service other than residential, the Customer shall furnish, install and maintain necessary service conductors and conduit from their service equipment to the Company's deSignated point of service regardless of meter location.


Effective For Service Rendered On And After January 1, 2008

Exhibit E

Page 4 of 8

South Carolina Electric S. Gas Company

E. Special Equipment


Where a separate transformer or other additional elecbical ublity standard equipment or capacity is to beused to eliminate fluctuations ar other effects detrimental to the quality of service to other Customers due towelding or X-ray equipment, etcu the Company may make a reasonable charge for the transformerequipment and line capacity required. In lieu of the above, the Company may require the Customer to eitherdiscontinue the operation of the equipment causing the disturbance or install the necessary motor generatorset or other apparatus to eliminate the disturbance detrimental to the service of other Customers.

F. Safe Access to Customer's PremisesThe duly authonzed representatives of the Company shall be permitted safe access to Customer's premises atany and all reasonable times to inspect, operate and maintain the Company's and the Customer's faalitiesand equipment for any and ail purposes connected with the delivery of service, the determination ofconnected load or other data to be used for billing purposes, the determination of Customer loadrequirements or the exercise of any and ail rights under the agreement.

G. Company's Installation and ServiceWhere the Customer's requested service to be supplied by the Company does not produce revenue sufficientto support the expenditure required, the Company wiii determine in each case the amount of payment andform thereof that shall be required of the Customer.

Electricity supplied by the Company shall not be eitxtricaljy connected with any other source of electricitywithout reasonable written notice to the Company and agreement by the parties of such measures orconditions, if any, as may be required for reliabihty of both systems.

Service supplied by the Company shall not be resold or assigned by the Company to others on a metered orunmetered basis; nor shall the Customer's wiring be connected to adjacent or other premises not owned oroperated by the Customer without specific written approval of the Company and of the Commission.

The Company's service facilities will be installed above ground on poles or fixtures; however, undergroundfacilities will be provided when requested in accordance with the Company's appropriate underground servicepublications.

In Areas of Overhead Distribution: The Company will install and maintain an overhead service drop forloads up to 500 KVA from its overhead distribution system to the Customer's service connection provided thetransformer can be placed in the proximity of the service point. For residential Customers, if specificallyrequested by the Customer, the Company will install and maintain a single phase underground service to anyresidence (terrain permitting) provided the Customer pays in advance the difference in cost between a newoverhead service and the new undergraund service of equal current carrying capacity.

In Areas of Underground Distribution: The Company will install and maintain the necessaryunderground facilities to provide a point of service at the Customer's property line or at another locationdesignated by the Company. For residential Customers, the Company will install and maintain a single-phaseservice to the service point as designated by Company, up to a maximum length of 125 feet. If therequested residential service to Company's designated service point exceeds 125 feet in length, the Customerwill pay in advance the total additional cost for that porbon in excess of 125 feet in length. For undergroundservice other than residential, the Customer shall furnish, install and maintain necessary service conductorsand conduit from their service equipment to the Company's designated point of service regardless of meterlocation.

Supersedes General Terms ir ConditionsFor Elect nc Issued January 6, 2005


Electric & Gas Company

H. Term of Contract



The Term of Contract for s€lVice shall be for a term of one year with automatic renewal except as otherwise provided in the applicable Rate Schedule. Where a large or special investment in service facilities is necessary, or other special conditions exist, contracts may be written for (1) a longer term than specified in the Rate Schedule, or (2) a special guarantee of revenue, or (3) a facility charge, or (4) all of these conditions as may be required to safeguard the Company's investment.

I. Continuance of Service and Liability Therefore The Company does not guarantee continuous service. Company shall use reasonable diligence at all times to provide uninterrupted service but shall not be liable for any loss, cost damage or expense to any Customer occasioned by any failure to supply electricity according to the terms of the contract or by any interruption or reversal of the supply of electricity, if such failure, interruption or reversal is due to storm, lightning, fire, flood, drought, strike, or any cause beyond the control of the Company, or any cause except willful default or gross neglect on its part.

The Company reserves the right to curtail or temporarily interrupt Customer's service when it shall become necessary in order that repairs, replacement or changes may be made in the Company's facilities and equipment, either on or off Customer's premises.

The Company may impose reasonable restrictions on the use of service during peak periods of excessive demand or other difficulty, which jeopardizes the supply of service to any group of Customers.

The Company may waive any minimum charge or guarantee payments for service upon written notice from and request of Customer during such time as the Customer's plant may be completely closed down as a result of strike, lockout, government order, fire, flood, or other acts of God: provided however, that Customer specifically agrees that the term of the service contract shall be extended for a period equal to the period of enforced shutdown. (See Section VII, Force Majeure).

l. Denial or Discontinuance of Service The Company may refuse or discontinue service and remove the property of the Company without liability to the Customer, or tenants or occupants of the premises served, for any loss, cost, damage or expense occasioned by such refusal, discontinuance or removal, including but not limited to, any of the following reasons:

1. In the event of a condition determined by the Company to be hazardous or dangerous.

2. In the event Customer's equipment is used in such a manner as to adversely affect the Company's service to others.

3. In the event of unauthorized or fraudulent use of Company's service.

4. Unauthorized adjustments or tampering with Company's eqUipment.

5. Customer's failure to fulfill his contractual obligations.

6. For failure of the Customer to permit the Company reasonable access to its eqUipment.

7. For nonpayment of bill for service rendered provided that the Company has made reasonable efforts to effect collection.

8. For failure of the Customer to provide the Company with a deposit.

g. For failure of the Customer to furnish permits, certificates, and rights-of-way, as necessary in obtaining service, or in the event such permissions are withdrawn or terminated.


Effective For Service Rendered On And After January 1,2008

Exhibit E

Page 5 of 8

South Carolina Electric 8 Gas Company Electric(Page S of 8)

FL Term of ContractThe Term of Contract for service shall be for a term of one year with automatic renewal except as otherwiseprovided in the applicable Rate Schedule. Vihere a large or special investment in service facilities is

necessary, or other special conditions exist, contracts may be wntten for (1) a longer term than speafied inthe Rate Schedule, or (2) a special guarantee of revenue, or (3) a facibty charge, or (4) all of these conditionsas may be required to safeguard the Company's investment.

I. Continuance of Service and Liability ThereforeThe Company does not guarantee continuous service. C'ompany shall use reasonable diligence at all times toprovide uninterrupted service but shall not be liable for any loss, cost damage or expense to any Customeroccasioned by any failure to supply eledridty according to the terms of the contract or by any interruption orreversal of the supply of electl'icity, if such failure, interruption or reversal is due to storm, lightning, fire,flood, drought, strike, or any cause beyond the control of the Company, or any cause except willful default orgross neglect on its part.

The Company reserves the right to curlaii or temporarily interrupt Customer's service when it shall becomenecessary in order that repairs, replacement or changes may be made in the Company's facilities andequipment, either on or off Customer's premises.

The Company may impose reasonable restrictions on the use of service during peak periods of excessivedemand or other difficulty, which jeopardizes the supply of service to any group of Customers.

The Company may waive any minimum charge or guarantee payments for service upon wntten notice fromand request of Customer during such time as the Customer's plant may be completely closed down as a resultof strike, lockout, government order, fire, flood, or other acts of God: provided however, that Customerspecifically agrees that the term of the service contract shall be extended for a period equal to the period ofenforced shutdown. (See Section VII, Force fdajeure).

3. Denial or Discontinuance of ServiceThe Company may refuse or discontmue service and remove the property of the Company without liability tothe Customer, or tenants or occupants of the premises served, for any loss, cost, damage or expenseoccasioned by such refusal, discontinuance or removal, including but not limited to, any of the followingreasons:

1. In the event of a condition determined by the Company to be hazardous or dangerous.

2. In the event Customer's equipment is used in such a manner as to adversely affect the Company's service toothers.

3. In the event of unauthorized or fraudulent use of Company's selvice.

4. Unauthorized adjustments or tampering with Company's equipment.

5. Customer's failure to fulfill his contractual obligations.

6. For failure of the Customer to permit the Company reasonable access to its equipment.

7. For nonpayment of bill for service rendered provided that the Company has made reasonable efforts to effectcollection.

8. For failure of the Customer to provide the Company with a deposit.

9. For failure of the Customer to furnish permits, certificates, and rights-of-way, as necessary in obtainingservice, or in the event such permissions are withdraian or terminated.

Supersedes General Terms 0 ConditionsFor Elect nc Issued January 6, 2005


& Gas Company



10. The Company shall not furnish its service to any applicant who at the time of such application is indebted to any member of his household is indebted under an undisputed bill for service, previously furnished such applicant or furnished any other member of the applicant's household or business.

11. The Company may terminate a Customer's service should the Customer be in arrears on an account for service at another premise. For the reason that the Customer's use of the utility service conflicts with, or violates orders, ordinances or laws of the State or any subdivision thereof, or of the Commission.

12. For failure of the Customer to comply with reasonable restrictions on the use of service. The Company may discontinue service without notice for reasons (1), (2), and (3) above. For the remainder of the reasons, the Customer shall be allowed a reasonable time in which to correct any discrepancy.

13. Failure of the Company to terminate or suspend service at any time after the occurrence of grounds therefore or to resort to any other legal remedy or to exercise anyone or more of such alternative remedies, shall not waive or in any manner affect the Company's right to later resort to any or more of such rights or remedies on account of any such ground then existing or which may subsequently occur.

K. Reconnection Charge

Where the Company has discontinued service for reasons listed in Section III-J, the Customer is subject to a reconnection charge of $25.00 in addition to any other charges due and payable to the Company. In cases where both electric and gas service are reconnected at the same time on the same premises for the same Customer, only one charge will be made.

Where the Customer interrupts or terminates service and subsequently requests reconnection of service at the same premises the reconnection charge will apply.

IV. BILLING AND PAYMENT TERMS

A. General The rates specified in the various service classifications are stated on a monthly basis. Unless extenuating circumstances prevent, the Company will read meters at regular monthly intervals and render bills accordingly. If for any reason a meter is not read, the Company may prepare an estimated bill based on the Customer's average use billed for the preceding 60 days or from other information as may be available. All such bills are to be paid in accordance with the standard payment terms, and are subject to adjustment on the basis of actual use of service as computed from the next reading taken by the Company's representative or for any circumstances known to have affected the quantity of service used. No more than one estimated bill shall be rendered within a 60-day period unless otherwise agreed to by the Customer or allowed by the Commission.

All billing errors shall be adjusted in accordance with the Commission's Rules and Regulations.

B. Customer's Obligations The Customer is responsible for electricity furnished and for all charges under the agreement until the end of term thereof.

All bills shall be due and payable when rendered. Notice and collection of unpaid bills will be in accordance with the current Rules and Regulations of the Commission.

No Claim or demand which the Customer may have against the Company shall be set off or counterclaimed against the payment of any sum of money due the Company by the Customer for services rendered. All such sums shall be paid in accordance with the agreement regardless of any claim or demand.


Effecttve For Service Rendered On And After January 1, 2008

Exhibit E

Page 6 of 8

South Carolina Electric ik Gas Company Electric(Page 6 of 8)

10. The Company shall not furnish its service to any applicant who at the time of such application is indebted toany member of his household is indebted under an undisputed bill for service, previously furnished suchapplicant or furnished any other member of the applicant's household or business.

11. The Company may terminate a Customer's service should the Cusiomer be in arrears on an account forservice at another premise. For the reason that the Customer's use of the utility service conflicts with, orviolates orders, ordinances or laws of the State or any subdivision thereof, or of the Commission.

12. For failure of the Customer to comply with reasonable restrictions on the use of service. The Company maydiscontinue service without notice for reasons (1}, (2}, and (3} above. For the remainder of the reasons, theCustomer shall be allowed a reasonable time in which to correct any discrepancy.

13. Failure of the Company to terminate or suspend service at any time after the occurrence of grounds thereforeor to resort to any other legal remedy or to exercise any one or more of such alternative remedies, shall notwaive or in any manner affect the Company's nght to later resott to any or more of such rights or remedieson account of any such ground then existing or which may subsequently occur.

K. Reconnection Charge

Where the Company has discontinued service for reasons listed in Section III-J, the Customer is subject to areconnection charge of $ 26.00 in addition to any other charges due and payable to the Company. In caseswhere both electric and gas service are reconnected at the same time on the same premises for the sameCustomer, only one charge will be made.

Where the Customer interrupts or terminates serwce and subsequently requests reconnection of service atthe same premises the reconnection charge will apply.

IV. BILLING AND PAYMENT TERMS

A. GeneralThe rates specified in the various service classifications are stated on a monthly basis. Unless extenuatingcircumstances prevent, the Company wiii read meters at regular monthly intervals and render billsaccordingly. If for any reason a meter is not read, the Company may prepare an estimated bill based on theCustomer's average use billed for the preceding 60 days or from other information as may be available. All

such bills are to be paid in accordance with the standard payment terms, and are subject to adjustment onthe basis of actual use of service as computed from the next reading taken by the Company's representativeor for any circumstances known to have affected the quantity of service used. No more than one estimatedbill shall be rendered within a 60-day period unless othensfise agreed to by the Customer or allowed by theCommission.

All billing errors shall be adjusted in accordance with the Commission's Rules and Regulations.

B. Customer's ObligationsThe Customer is responsible for electdcity furnished and for all charges under the agreement until the end ofterm thereof.

All bills shall be due and payabie when rendered. Notice and collection of unpaid bills will be in accordancewith the current Rules and Reguiations of the Commi~ion.

No Claim or demand which the Customer may have against the Company shall be set off or counterclaimedagainst the payment of any sum of money due the Company by the Customer for services rendered. All suchsums shall be paid in accordance with the agreement regardless of any daim or demand.

Supersedes General Terms & ConditionsFor Eiectnc issued tannery 6, 2005

Effective For Service RenderedOn And After January 1, 2008

& Gas Company



Should service be terminated, the Customer's deposit shall be applied to reduce or liquidate the account. Service may be restored upon payment of the account, in full, plus the late payment charge set forth below, the reconnection charge set forth above and a deposit as set forth below.

C. Late Payment Charge A late payment charge of one and one half per cent (1 '12%) will be added to any balance remaining twentyfive (25) days after the billing date.

D. Deposit A maximum deposit in an amount equal to an estimated two (2) months (60 days) bill for a new Customer or in an amount equal to the total actual bills of the highest two (2) consecutive months based on the experience of the preceding twelve (12) months or a portion of the year if on a seasonal basis may be required from the Customer as security for payment of the account before service is rendered or continued if any olthe following conditions exist:

(1) The CUstomer's past payment record to the Company shows delinquent payment practice;

(2) A new Customer cannot furnish either a letter of good credit from a reliable source or any acceptable cosigner or guarantor on the Company's system to guarantee payment;

(3) A Customer has no deposit and presently is delinquent in payments;

(4) A Customer has had his service terminated for non-payment or fraudulent use. All deposits may be subject to review based on the actual experience of the Customer. The amount of the deposit may be adjusted upward or downward to reflect the actual billing experience and payment habits of the Customer.

E. Service Charge The Company may make reasonable charges for work performed on or services rendered: 1) Upon Customer's request at the Customer's premises when, at the time the request is made, service and

equipment provided by the Company is in good working condition and in compliance with these General Terms and Conditions, Specifications for Service and Meter Installations, existing provisions of the National Electric Code, the Regulations of the National Board of Fire Underwriters and such other regulations as may be promulgated from time to time by any municipal bureau or other governmental agency having jurisdiction over the Customer's installation or premises;

2) To repair, replace, remove or gain access to Company's facilities or equipment where such repair, replacement or removal is made necessary by the willful action(s) of the Customer, members of the Customers household or invitees of the Customer; or

3) To repair, replace, remove or gain access to Company's facilities or equipment where such repair, replacement or removal is made necessary by the negligent failure of the Customer to take timely action to correct Or to notify the Company or other responsible party to correct conditions which led to the needed repair, replacement or removal, except that such charges shall be apportioned between the Customer and the Company to the extent that the Customer shall only bear that part of the costs which refiect the costs added by the Customer's negligence. Such charges cannot be assessed where the damage is caused by an Act of God except to the extent that the Customer failed timely to mitigate the damages. Such charges may include labor, material and transportation.


Effective For Setvic e Rendered On And After January 1, 2008

Exhibit E

Page 7 of 8

South Carolina Electric & Gas Company Electric(Page 7 of 8)

Should service be terminated, the Customer's deposit shall be applied to reduce or liquidate the account.Service may be restored upon payment of the account, in full, plus the late payment charge set forth below,the reconnection charge set forth above and a deposit as set forth below.

C. Late Payment ChargeA late payment charge of one and one half per cent (I f!2o!o) will be added to any balance remaining twenty-five (26) days afler the billing date.

D. DepositA maximum deposit in an amount equal to an estimated two (2) months (60 days) bill for a new Customer orin an amount equal to the total actual bills of the highest two (2) consecutive months based on theexperience of the preceding twelve (12) months or a portion of the year if on a seasonal basis may berequired from the Customer as security for payment of the account before service is rendered or continued if

any of the following conditions exist:

(1) The Cusu)mer's past payment record to the Company shows delinquent payment practice;

(2) A new Customer cannot furnish either a letter of good credit from a reliable source or any acceptablecosigner or guarantor on the Company's system to guarantee payment;

(3) A Customer has no deposit and presently is delinquent in payments;

(4) A Customer has had his service terminated for non-payment or fraudulent use. All deposits may besubject to review based on the actual experience of the Cusb)mer. The amount of the deposit may beadjusted upward or downward to reflect the actual billing experience and payment habits of theCustomer.

E. Service ChargeThe Company may make reasonable charges for v;ork performed on or services rendered:1) Upon Customer's request at the Customer's premises when, at the time the request is made, service and

equipment provided by the Company is m good vforking condition and in compliance with these GeneralTerms and Conditions, Specifications for Service and Meter Installations, existing provisions of theNational Electric Code, the Regulations of the National Board of Fire Underwnters and such otherregulabons as may be promulgated from time to time by any municipal bureau or other governmentalagency having jurisdiction over the Customer's installation or premises;

2) To repair, replace, remove or gain access to Company's facilities or equipment where such repair,replacement or removal is made necessary by the willful action(s) of the Customer, members of theCustomer's household or invitees of the Customer; or

3) To repair, replace, remove or gain access to Company's faalities or equipment where such repair,replacement or removal is made necessary by the negligent failure of the Customer to take timely actionto correct or to notify the Company or other responsible patty to correct conditions which led to theneeded repair, replacement or removal, except that such charges shall be apportioned between theCustomer and the Company to the extent that the Customer shall only bear that part of the costs whichreflect the costs added by the C'ustomer's negligence. Such charges cannot be assessed where thedamage is caused by an Act of God except to the extent that the Customer failed timely to mitigate thedamages. Such charges may include labor, maledal and transportation.

Supersedes General Terms & ConditionsFor Elect nc issued )anuary 6, 2005

Effective For Service RenderedOn And After )anuary 1, 2008


V. COMPANY'S LIABILITY

A. General



The Company shall not be in any way responsible or liable for damages to or injuries sustained by the Customer or others, or by the equipment of the Customer or others by reason of the condition or character of Customer's wiring and equipment, or the wiring and equipment of others on the Customer's premises. The Company will not be responsible for the use; care or handling of electricity delivered to the Customer after it passes the service point. The Customer assumes responsibility and liability for damages and injuries caused by failures or malfunctions of Customer's equipment.

VI. MEASUREMENT OF SERVICE

A. Meter Testing on Request of Customer The Customer may, at any time, upon reasonable notice, make written request of the Company to test the accuracy of the meter or meters in use for his service. No deposit or payments shall be required from the Customer for such meter test if said meter has been in service at least one year without testing at Company's expense; otherwise the Customer shall deposit the estimated cost of the test; said deposit shall not exceed $15.00 without the approval of the Commission. The amount so deposited with Company shall be refunded or credited to the Customer, as a part of the settlement of the disputed account if the meter is found, when tested to register more than 2% fast or slow; otherwise the deposit shall be retained by the Company.

B. Adjustments for Inaccurate Meters Where it is determined that the Company's meter is inaccurate or defective by more than 2% error in registration, bills shall be adjusted in accordance with the Commission Rules and Regulations.

VII. FORCE MAJEURE

A. General In the event Company is unable, wholly or in part, by reason of Force Majeure to carry out its obligations to provide service under its Rate Schedules or Contracts, the obligations of Company, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused but for no longer period and such cause shall, as far as pOSSible, be remedied with all reasonable dispatch.

The term "Force Majeure" as employed herein shall include, but not be limited to acts of God, strikes, lockouts, or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riOts, epidemics, landslides, lightning, earthquakes, fires, extreme weather conditions, storms, floodsr washouts, arrest and restraints of governments and people, civil disturbances, explosions, breakage or accident to machinery or lines, the maintaining or repairing or alteration of machinery, eqUipment, structures or lines (which maintaining, repairing or alteration shall, however, be carried out in such manner as to cause the smallest practicable curtailments or interruption of deliveries of electricity), freezing of lines, partial or complete curtailment of deliveries under Company's electric purchase contracts, inability to obtain rights-ofway or permits Or materials, equipment or supplies, any of the above, which shall, by the exercise of due diligence and care such party is unable to prevent or overcome, and any cause other than those enumerated herein (whether of the kind enumerated herein or otherwise) not within the control of the person claiming suspension and which by the exercise of due diligence such party is unable to prevent or overcome. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the persons affected, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts when such course is inadvisable in the discretion of the person affected thereby.


Effective For Service Rendered On And After Janu ary 1, 2008

Exhibit E

Page 8 of 8

South Carolina Electric 8 Gas Company Electric(Page 8 of 8)

V. COMPANY'S LIABILITY

A. GeneralThe Company shall not be in any way responsible or liable for damages to or injuries sustained by theCustomer or others, or by the equipment of the Customer or others by reason of the condition or character ofCustomer's wiring and equipment, or the wiring and equipment of others on the Customer's premises. TheCompany will not be responsible for the usei care or handling of electricity delivered to the Customer after it

passes the service point. The Customer assumes responsibility and liability for damages and injuries causedby failures or malfunctions of Customer's equipment.

VL MEASUREMENT OF SERVICE

A. Meter Testing on Request of CustomerThe Customer may, at any time, upon reasonable notice, make written request of the Company to test theaccuracy of the meter or meters in use for his service. Ffo deposit or payments shall be required from theCustomer for such meter test if said meter has been in service at least one year without testing at Company'sexpense; otherwise the Customer shall deposit the estimated cost of the test; satd deposit shall not exceed$ 15.00 without the approval of the Commission. The amount so deposited with Company shall be refundedor credited to the Customer, as a part of the settlement of the disputcxl account if the meter is found, whentested to register more than 2% fast or slow; otherwise the deposit shall be retained by the Company.

B. Adjustments for Inaccurate MetersWhere it is determined that the Company's meter is inaccurate or defective by more than 2% error in

registration, bills shall be adjusted in accordance with the Commission Rules and Regulations.

VII. FORCE MAIEURE

A. GeneralIn the event Company is unable, wholly or in part, by reason of Force Majeure to carry out its obligations toprovide service under its Rate Schedules or Contracts, the obligabons of Company, so far as they are affectedby such Force Majeure, shall be suspended during the continuance of any inability so caused but for nolonger period and such cause shall, as far as possible, be remedied with all reasonable dispatch,

The term "Farce Majeure" as employed herein shall include, but not be limited to acts of God, strikes,lockouts, or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots,epidemics, landslides, lightning, earthquakes, fires, extreme weather conditions, storms, floods, washouts,arrest and restraints of governments and people, civil disturbances, explosions, breakage or accident tomachinery or lines, the maintaining or repairing or alteration of machinery, equipment, structures or lines(which maintaining, repairing or alteration shall, however, be carried out in such manner as to cause thesmallest practicable curtailments or interruption of deliveries of electrioty), freezmg of lines, partial orcomplete curtailment of deliveries under Company's electnc purchase contracts, inability to obtain rights-of-way or permits or materials, equipment or supplies, any of the above, which shall, by the exercise of duediligence and care such party is unable to prevent or overcome, and any cause other than those enumeratedherein (whether of the kind enumerated herein or otherwise) not within the control of the person claimingsuspension and which by the exercise of due diligence such party is unable to prevent or overcome. It is

understood and agreed that the settlement of strikes or iockouts shall be entirely within the discretion of thepersons affected, and that the above requirement that any Force Majeure shall be remedied with all

reasonable dispatch shall not require the settlement of strikes or lockouts when such course is inadvisable in

the discretion of the person affected thereby.

Supersedes Seneral Terms & ConditionsFor Eiectnc Issued January 6, 2006



SOUTH CAROLINA



Complainant/Petitioner, ) ) SOUTH CAROLINA ELECTRIC &

v. ) GAS COMPANY'S MOTION FOR ) JUDGMENT ON THE PLEADINGS

South Carolina Electric & Gas Company,) AND MOTION TO DISMISS )

Defendant/Respondent ) )

Pursuant to 10 S.C. Code Ann. Regs. 103-829 (1976, as amended), and Rule 12(c) of the

South Carolina Rules of Civil Procedure ("SCRCP"), DefendantlRespondent South Carolina

Electric & Gas Company ("SCE&G" or "Company") hereby moves for an order of the Public

Service Coruruission of South Carolina ("Commission") for judgment on the pleadings and

dismissing the complaint filed by Southern Bread, LLC ("Complainant" or "Southern Bread").

In support thereof, SCE&G would show as follows:

BACKGROUND

1. SCE&G

SCE&G owns and operates an integrated electric utility system serving approximately

675,000 residential, commercial, and industrial customers in South Carolina pursuant to rates

and charges approved by the Commission in accordance with S.C. Code Ann. § 58-27-10, et seq.

SCE&G has established, with Commission approval, a variety of electric rates to meet the needs

of its customers, depending upon their individual energy requirements, demands, and usage.

1

BEFORE

THK PUBLIC SERVICE COMMISSION OF

SOUTH CAROLINA


IN RE: Southern Bread LLC )

)Complainant/Petitioner, )

) SOUTH CAROLINA ELECTRIC &V. ) GAS COMPANY'S MOTION FOR

) JUDGMENT ON THE PLEADINGSSouth Carolina Electric & Gas Company, ) AND MOTION TO DISMISS

)De 1'endant/Respondent )

Pursuant to 10 S.C. Code Ann. Regs. 103-829 (1976, as amended')„and Rule 12(c) of the

South Carolina Rules of Civil 1'rocedure ("'SCRCP")„Defendant/Respondent South Carolina

Electric & (Ias Company ("SCI",&G" or "Company") hereby moves for an order of thc Public

Setvice Commission of'outh Carolina ("Commission") for judgment on the pleadings and

dismissing the complaint tiled by Southern Bread, 1.,LC ("Complainant" or "Southern Bread").

In support thereof; SCE&Cr would show as follows:

BACKGROUND

1. SCE&Cr

SCE&G owns and operates an integrated electric utility system serving approximately

675,000 residential, commercial, and industrial customers in South Carolina pursuant to rates

and charges approved by the Commission in accordance with S.C. Code Ann. ( 58-27-10, et seq.

SCE&G has established, with Commission approval, a variety of electric rates to meet the needs

of its customers, depending upon their individual energy requirements, demands, and usage.

SCE&G offers two electric service plans that

predominantly serve its small and medium-sized business customers-Rate 9, also known as the

Company's "General Service Rate" ("Rate 9"); and Rate 20, also known as the Medium General

Service Rate ("Rate 20"). Although generally available to most small or medium-sized business

customers, Rate 9 and Rate 20 differ in the character of the electric service supplied by SCE&G

and the manner in which the corresponding rates and charges are calculated.

Specifically, Rate 9 "is available to customers using the Company's standard service

which is specified as a single point of delivery per premises from an existing overhead

distribution system for general light and/or power purposes such as commercial, industrial,

religious, charitable and eleemosynary institutions." See Exhibit A, Rate 9 - General Service

Rate. I This rate does not establish a minimum demand requirement for service and does not

charge the customer for excess demand less than 250 kilovolt-amperes ("kV A") per month. As a

result, Rate 9 customers receive from the Company firm service at the point of delivery generally

without significant limitation on or requirements pertaining to their electric service needs.2

Importantly, there also is no long-term commitment required to receive service under Rate 9.

Accordingly, most of the premises owned and occupied by SCE&G's small and medium-sized

business customers are supplied with electric service pursuant to the rates, terms, and conditions

of Rate 9.

By companson, Rate 20 "is available to any non-residential customer usmg the

Company's standard service for power and light requirements and having a contract demand of

1 Exhibit A reflects the currently effective and Commission-approved version of SCE&G's Rate Schedule 9.

2 Rate 9 establishes customary service limitations such as the character of service (e.g., alternating current, 60 hertz) and informs customers that SCE&G will furnish service in accordance with its standard specifications.

2

Pertinent to the instant matter, SCAG offers two electric service plans that

predominantly serve its small and medium-sized business customers Rate 9, also knovm as the

Company's "General Service Rate" ("Rate 9"); and Rate 20, also known as the Medium General

Service Rate ("Rate 20"). Although generally available to most small or medium-sized business

customers, Rate 9 and Rate 20 differ in the character of the electric service supplied by SCEkG

and the manner in which the corresponding rates and charges are calculated.

Specifically, Rate 9 "is available to customers using the Company's standard service

which is specified as a single point of delivery per premises from an existing overhead

distribution system for general light and/or power purposes such as commercial, industrial,

religious, charitable and eleemosynary institutions." See Exhibit A, Rate 9 -- General Service

Rate. This rate does not establish a minimum detnand requirement for service and does not.„ t

charge the customer for excess demand less than 250 kfiovolt-antperes ("kVA") per month. As a

result, Rate 9 customers receive from the Company t trm service at the point of delivery generally

without significant limitation on or requirements pertaining to their electric service needs.,2

important]y, there also is no long-term commitntent required to receive service under Rate 9.

Accordingly, most of the premises owned and occupied by SCE&Cr's small and medium-sized

business customers are supplied with electric service pursuant to the rates, terms, and conditions

of Rate 9.

By comparison, Rate 20 "is available to any non-residential customer using the

Company's standard service for power and light requirements and having a contract demand of

'xhibit A reflects the currently effective and Commission-approved version of SCE&G's Rate Schedule

Rate 9 establishes customary service limitations such as the character of service (e.g., alternating current,60 hertz) and informs customers that SCE&G will furnish service in accordance with its standard specifications.

over." See Exhibit B, Rate 20 - Medium General Service Rate? Therefore,

customers receiving electric service at a metered location under Rate 20 are billed a monthly

minimum contract demand of 75 kV A. If this minimum level of demand is required by a

customer, SCE&G may have to modify its electric system to meet the customer's service needs.

For this reason, among others, a customer is only eligible for Rate 20 if it enters into a written

contract with the Company for a period of five (5) years during which the customer agrees to

pay, at a minimum, the basic facilities charge and the minimum demand charge, thereby enabling

SCE&G to recover costs associated with providing a level of service that is more demanding on

SCE&G's electric system. As a result, whether a customer qualifies for and would benefit from

Rate 20, as compared to Rate 9, depends upon the character of the customer's load, the demand

the customer places on the Company's system, and each customer's willingness to enter into an

extended contract for electric service. These choices are highly individualistic, and SCE&G

does not assume any responsibility to make the choice for the customer as to whether Rate 20 is

in the customer's best interests.

As required by 10 S.C. Code Ann. Regs. 103-330(b), SCE&G provides "to each new

residential and small commercial customer, within 60 days of application for service, a clear and

concise explanation of the available rate schedules for the class of service for which the customer

makes application for service." Similarly, 10 S.C. Code Ann. Regs. 103-330(c) requires SCE&G

to supply "each residential and small commercial customer to whom more than one rate schedule

is reasonably available a clear and concise summary of the existing rate schedules applicable to

the customer's class of service at least once a year." The Company has abided by these

regulations well before and since October 28, 2004, and the Company's long-held policy has

3 Exhibit B reflects the currently effective and Commission-approved version of SCE&G's Rate Schedule 20.

3

75 kVA or over." See Exhibit B, Rate 20 — Medium General Service Rate.'herefore,

customers receiving electric service at a metered location under Rate 20 are billed a monthly

minimum contract demand of 75 kVA. If this minimum level of demand is required by a

customer, SCE&G may have to modify its electric svstem to meet the customer's service needs.

For this reason, among others, a customer is only eligible for Rate 20 if it enters into a written

contract with the Company for a period of live (5} years during which the customer agrees to

pay, at a minimum, the basic t'acilities charge and the minimmn demand charge, thereby enabling

SCEkG to recover costs associated with providing a level of service that is more demanding on

SCEkG's electric system. As a result, vvhether a custonier qualifies for and would benefit from

Rate 20, as compared to Rate 9, depends upon the character of the customer's load, the demand

the customer places on the Company's system, and each customer's willingness to enter into an

extended contract for electric service. These choices are highly individualistic, and SCEdhG

does not assume any responsibility to make the choice for the customer as to whether Rate 20 is

in the customer's best interests.

As required by 10 S.C. Code Ann. Regs. 103-330{b), SCEdhG provides "to each nevv

residential and small commercial customer, within 60 days of application for seivice. a clear and

concise explanation of the available rate schedules for the class of service for which the customer

makes application for service." Similaily, 10 S.C. Code Ann. Regs. 103-330(c) requires SCAG

to supply "each residential and small commercial customer to vvhom more than one rate schedule

is reasonably available a clear and concise summary of the existing rate schedules applicable to

the customer's class of service at least once a year." The Company has abided by these

regulations well before and since October 28, 2004, and the Company's long-held policy has

'xhibit B reflects the currently effective and Commission-approved version of SCE&G's Rate Schedule20.

60 days of an application for service, and all other

customers, annually, with a summary of the available electric rates. While SCE&G does not

maintain and is not in possession of the specific documents provided to Southern Bread upon

initiation of electric service to its Panera Bread store located at 6080 Garners Ferry Road,

Columbia, South Carolina ("Garners Ferry Store"), summaries provided to cormnercial (non

residential) customers in 2004 and since have been in substantially the same form as the current

Surmnary of Non-Residential Electric Rates, a copy of which is attached hereto as Exhibit C and


2. Electric Service Supplied to Southern Bread

On or before October 28, 2004, SCE&G established an account for electric service for

Southern Bread's Garners Ferry Store. Answer at ~6. The Complaint does not allege that

Southern Bread advised the Company of any specific electric service needs for this location.

Thus, without any service history and without any specific request for certain service parameters,

SCE&G began supplying electric service to this point of delivery pursuant to the terms, rates,

and conditions of Rate 9.

Subsequently, Southern Bread opened another and new Panera Bread store located at

2000 Sam Rittenberg Boulevard, Charleston, South Carolina ("Sam Rittenberg Store"), which

SCE&G established an electric service account for on or about November 7,2005. Answer at ~6.

Again, the Complaint does not allege that Southern Bread advised the Company of any specific

electric service needs for this location. Therefore, like the Garners Ferry Store, the Sam

Rittenberg Store initially received service under Rate 9. Subsequently, Southern Bread decided

to transfer its electric service for the Sam Rittenberg Store from Rate 9 to Rate 20 and, on May 5,

2006, executed a written agreement for electric service with SCE&G, for that store alone,

4

been to provide new customers, within 60 days of an application for service, and all other

customers, annually, with a summary of the available electric rates. While SCE&G does not

maintain and is not in possession of the specific documents provided to Southern Bread upon

initiation of electric service to its Panera Bread store located at 6080 Garners Ferry Road,

Columbia, South Carolina ("Garners Ferry Store"), summaries provided to commercial (non-

residential) customers in 2004 and since have been in substantially the same form as the current

Summary of Non-Residential Electric Rates, a copy of which is attached hereto as Exhibit C and


2. Electric Service Su liedto Southern Bread

On or before October 28, 2004, SCE&G established an account for electric service for

Southern )3read*s Garners Ferry Store. Answer at $6. The Complaint does not allege that

Southeni Bread advised the Company of any specitic electric service needs for this location.

'I'hus, without any seivice history and without any specific request for certain service parameters,

SCE&G began supplying electric service to tins point of delivery pursuant to the tenus, rates,

and conditions of Rate 9.

Subsequently, Southern Bread opened another and new Panera 13read store located at

2000 Sam Rittenberg Boulevard, Charleston, South Carolina ("Sam Rittenberg Store"), which

SCE&G established an electric service account for on or about November 7, 2005. Answer at /[6.

Again, the Complaint does not allege that Southern Bread advised the Company of any specific

electric service needs for this location. Therefore, like the Garners Ferry Store, the Sam

Rittenberg Store initially received service under Rate 9. Subsequently, Southern Bread decided

to transfer its electric service for the Sam Rittenberg Store from Rate 9 to Rate 20 and, on May 5,

2006, executed a written agreement for elecnic service with SCE&G, for that store alone,

20. Complaint at '\['\[6,10; Answer at '\['\[10,18.

A copy of this written agreement is attached hereto and incorporated herein by reference as

Exhibit D with confidential customer account information redacted.

After the Sam Rittenberg Store was placed on Rate 20, Southern Bread opened three

additional and new Panera Bread stores in South Carolina that receive electric service from

SCE&G under Rate 9: 5070 International Boulevard, North Charleston, South Carolina ("North

Charleston Store") on June 21, 2006; 631 Promenade Place, Columbia, South Carolina

("Promenade Place Store") on October 2, 2008; and 1311 Main Street, Summerville, South

Carolina ("Summerville Store") on July 30, 2010. Following the initiation of service, Southern

Bread continued to receive electric service at these stores and its Garners Ferry Store pursuant to

the terms and conditions of Rate 9 until September 2013. At that time, Southern Bread executed

written contracts requesting to transfer electric service for each of these four stores from Rate 9

to Rate 20, and the Company since has supplied these stores with electric service pursuant to the

terms, rates, and conditions of Rate 20.

ARGUMENT

The Complaint should be dismissed. Although SCE&G disputes and denies the claims

set forth in Southern Bread's Complaint, the cause of action alleged by Southern Bread accrued

no later than the time it admits receiving actual notice of the availability of Rate 20 as an option

to meet its needs for electric service, namely, on or before May 5, 2006. Southern Bread also

had constructive knowledge of Rate 20, through the rate schedule summaries supplied by

SCE&G in compliance with Commission regulations, since 2004. Nevertheless, Southern Bread

did not file the instant Complaint until November 26, 2013, over seven and a half years later.

5

pursuant to the rates, terms and con&htions of Rate 20. Complaint at /$6, 10; Answer at /$10, I II.

A copy of this written agreement is attachecl hereto and incorporated herein by reference as

Exhibit D with confidential customer account information redacted.

After the Sam Rittenberg Store vvas placed on Rate 20, Southern Bread opened three

additional and new Panera Bread stores in South Carolina that receive electric service from

SCEAG under Rate 9: 5070 International Boulevard. North Charleston, South Carolina ("North

Charleston Store") on June 21. 2006: 631 Promenade Place, Columbia, South Carolina

("Promenade Place Store") on October 2, 200g; and 1311 Main Street, Summerville, South

Carolina ("Summetville Store") on July 30. 2010. Following the initiation of service, Southern

Bread continued to receive electric setvice at these stores and its Garners Ferry Store pursuant to

the terms and conditions of Rate 9 until September 2013. At that time, Southern Bread executed

written contracts requesting to transfer electric service for each of these four stores from Rate 9

to Rate 20, and the Company since has supplied these stores with electric service pursuant to the

terms, rates, and conditions of Rate 20.

ARGTJMtENT

The Complaint should be dismissed. Although SCAG disputes and denies the claims

set forth in Southern Bread's Complaint, the cause of action alleged by Southern Bread accrued

no later than the time it admits receiving actual notice of the availability of Rate 20 as an option

to meet its needs for electric service, namely, on or before May 5„2006. Southern Bread also

had constructive knowledge of Rate 20, through the rate schedule summaries supplied by

SCE8cG in compliance with Commission regulations, since 2004. Nevertheless, Southern Bread

did not file the instant Complaint until November 26. 2013. over seven and a half years later.

S.C. Code Ann. § 58-27-960 as well as the doctrine oflaches.

A. Legal Standard

Rule 12(c), SCRCP provides that "[a]fter the pleadings are closed ... any party may move

for judgment on the pleadings." Statutes of limitations and laches defenses are properly

considered in the context of motions for judgment on the pleadings. See Johnson v. Phifer, 309

S.C. 505, 424 S.E.2d 532 (Ct. App. 1992) (affirming grant of judgment on the pleadings based

upon statute of limitations); US. v. City of Loveland, Ohio, 621 F.3d 465, 474 (6th Cir.

201O)(affirming grant of judgment on the pleadings where it was undisputed that party had

constructive notice of an issue but waited five years to bring its claim). When considering such

motion, the court must regard all properly pleaded factual allegations as admitted. Russell v. City

of Columbia, 305 S.C. 86, 406 S.E.2d 338 (1991). "A judgment on the pleadings shall be granted

'where there is no issue of fact raised by the complaint that would entitle the plaintiff to

judgment if resolved in plaintiffs favor.'" Home Builders Ass 'n of S. Carolina v. Sch. Dist. No.

2 of Dorchester Cnty., 405 S.C. 458, 460, 748 S.E.2d 230, 231 (2013) quoting Sapp v. Ford

Motor Co., 386 S.C. 143,687 S.E.2d 47 (2009).

B. Statute of Limitations for Reparation Orders

Southern Bread alleges that it was incorrectly assigned to Rate 9 for its Panera Bread

stores and that it is entitled to a refund for the difference between the amount it was actually

billed and the amount it would have been billed under Rate 20. Pursuant to S.C. Code Ann. §

58-27-960, "[a]ll petitions concerning unreasonable, excessive, or discriminatory charges on

which reparation orders may be made must be filed with the commission and provided to the

Office of Regulatory Staff within two years from the time the cause of action accrues .... " Based

6

The Complainant's claims, therefore, are time-barred pursuant to the statute of limitations set

forth in S.C. Code Ann. I[ 58-27-960 as well as the doctrine of laches.

A. ~LIB d d

Rule 12(c), SCRCP provides that "[a]fter the pleadings are closed...any party may move

for judgment on the pleadings." Statutes of limitations and laches defenses are properly

considered in the context of motions for judgment on the pleadings. See Johnson v. Phifer, 309

S.C. 505, 424 S.E.2d 532 (Ct. App. 1992) (affirming grant of judgment on the pleadings based

upon statute of limitations); US. v, City of Iovelond, Ohio, 621 F,3d 465, 474 (6th Cir.

2010)(affirming grant of judgment on the pleadings where it was undisputed that party had

constructive notice r&f an issue but waited five years to brhig its claim). When considering such

motion, the court must regard all properly pleaded fhctual allegations as admitted, A'ttssell v. City

of C'olttmt&io, 305 S,C. 86, 406 S.E.2d 338 (1991). "A judgment on the pleadings shall be granted

'where there is no issue of fhct raised by the complaint that would entitle the plaintiff to

judgment if resolved in plaintiff s favor.'" Home Builders Ass'n ofS. Corolino v. Sch. Dist. No.

2 of Oorchester Cniy., 405 S.C. 458, 460, 748 S.E.2d 230, 231 (2013) quoting Sapp v. Ford

Motor Co., 386 S.C. 143, 687 S.E.2d 47 (2009).

B. Statute of Limitations for Re aration Orders

Southern Bread alleges that it was incorrectly assigned to Rate 9 for its Panera Bread

stores and that it is entitled to a refund for the difference between the amount it was actually

billed and the amount it would have been billed under Rate 20. Pursuant to S.C. Code Ann. )

58-27-960, "[a]11 petitions concerning unreasonable, excessive, or discriminatory charges on

which reparation orders may be made must be filed with the commission and provided to the

Office of Regulatory Staff within two years from the time the cause of action accrues...." Based

2006, when

Southern Bread gained actual knowledge of the availability of Rate 20 based upon the

conversion of the Sam Rittenberg Store from Rate 9. Moreover, Southern Bread had

constructive knowledge of the availability of Rate 20 through SCE&G's provision of the

Summary of Non-Residential Rates to the Complainant every year since 2004.4 "A cause or

right of action accrues, so as to start the running of the statute of limitations, as soon as the right

to institute and maintain a suit arises." Walter J Klein Co. v. Kneece, 239 S.C. 478, 484, 123

S.E.2d 870,874 (1962) (holding that the lower court erred failing to grant a motion for judgment

on the pleadings on the ground that the action was barred by the statute of limitations). "Under

the discovery rule, the statute of limitations begins to run from the date the claimant knew or

should have known that, by the exercise of reasonable diligence, a cause of action exists."

Holmes v. Nat 'I Servo Indus., Inc., 395 S.C. 305, 309, 717 S.E.2d 751, 753 (2011). Further:

The exercise of reasonable diligence means simply that an injured party must act with some promptness where the facts and circumstances of an injury would put a person of common knowledge and experience on notice that some right of his has been invaded or that some claim against another party might exist. The statute of limitations begins to run from this point and not when advice of counsel is sought or a full-blown theory of recovery developed.

Epstein V. Brown, 363 S.C. 372, 376, 610 S.E.2d 816, 818 (2005) (emphasis in original). See

also Maher v. Tietex Corp., 331 S.C. 371, 380, 500 S.E.2d 204,208 (Ct. App. 1998) ("South

Carolina's statute oflimitations requires 'very little to start the clock."') quoting Roe V. Doe, 28

4 Tn accordance with SCE&G's internal policies, the Summary of Non-Residential Rates is provided by inserting a copy of the Summary in each customer's bill. Although Southern Bread is a single entity which owns and operates all five Panera Bread stores at issue, SCE&G issues separate bills for each location. As a result, Southern Bread would have received multiple Summaries every year, one for each of its stores.

7

upon this applicable statute of limitations and Southern Bread's delay in pursuing this action for

over seven years, the Complaint is untimely and should be dismissed.

In this case, the statute of limitations began to run at the latest on May 5, 2006, when

Southern Bread gained actual knowledge of the availability of Rate 20 based upon the

conversion of the Sam Rittenberg Store from Rate 9. Moreover, Southern Bread had

constructive knov ledge of the availability of Rate 20 through SCE&G's provision of the

Summary of Non-Residential Rates to the Complainant every year since 2004. "A cause or4

right of action accmes, so as to start the running of the statute of limitations, as soon as the right

lo institute and maintain a suit arises." &Vnlter J. Elein Co. v. Eneece, 239 S.C. 478, 484, 123

S.E.2d 870, 874 (1962) (holding that the lower court erred failing to grant a motion for judgment

on the pleadings on the ground that the action was barred by the statute of limitations). "Under

the discovery rule„ the statute of limitations begins to run from the date lhe claimant knew or

should have known that, by the exercise of reasonable diligence, a cause of action exists."

Holmes v, Nat'I Sen. 1ndus,, Inc.. 395 S.C. 30S, 309, 717 S.E.2d 751, 7S3 (2011). Further:

The exercise of reasonable diligence means simply that an injuredparty must act wdth some promptness where the facts andcircumstances of an injury vvould put a person of commonknowledge and experience on notice that some right of his hasbeen invaded or that some claim against another party might exist.The statute of limitations begins to run from this point and notwhen advice of counsel is sought or a full-blown theory ofrecovery developed.

Epstein v. Brown, 363 S.C. 372, 376, 610 S.E.Zd 816, 818 (2005) (emphasis in original). See

also Maher v. Tietex Carp., 331 S.C. 371, 380, 500 S.E.2d 204, Z08 (Ct. App. 1998) ("South

Carolina's statute of limitations requires 'very little to stat% the clock.'") qtroting Roe v. Doe, 28

ln accordance with SCE&G's internal policies, the Summary of Non-Residential Rates is provided byinserting a copy of the Summary in each customer's bill. Although Southern Bread is a single entity which ownsand operates all five Panera Bread stores at issue, SCE&G issues separate bills for each location. As a result,Southern Bread would have received multiple Smnmaries every year, one for each of its stores.

404, 407 (4th Cir.1994) (applying South Carolina law). Assuming, arguendo, the

allegations set forth in the Complaint, these facts demonstrate that Southern Bread was on notice

that a claim against SCE&G might exist over seven years ago.

Thus, the statute of limitations for Complainant's claims expired at least in 2008.

Statutes of limitations "are designed to promote justice by forcing parties to pursue a case in a

timely manner. Parties should act before memories dim, evidence grows stale or becomes

nonexistent, or other people act in reliance on what they believe is a settled state of public

affairs." State ex rei. Condon v. City of Columbia, 339 S.C. 8, 19, 528 S.E.2d 408, 413-14

(2000). See also Moates v. Bobb, 322 S.C. 172, 176,470 S.E.2d 402,404 (Ct.App.1996) ("One

purpose of a statute of limitations is 'to relieve the courts of the burden of trying stale claims

when a plaintiff has slept on his rights. ''') quoting McKinney v. CSX Transp., Inc., 298 S.C. 47,

49-50, 378 S.E.2d 69, 70 (Ct.App.1989)); id., 322 S.C. at 176, 470 S.E.2d at 404 ("Another

purpose of the statute of limitations is to protect potential defendants from protracted fear of

litigation."). Instead, Southern Bread did not elect to convert its Panera Bread stores to the more

restrictive Rate 20 until September 2013 and, in so doing, continued to receive the benefit of the

less constrained electric service supplied under Rate 9. By filing its Complaint on November 26,

2013-well after two-years from the time it had notice of these alleged claims-Southern Bread

umeasonably delayed in asserting these claims and the statute of limitations set forth in § 58-27-

960 bars the relief now sought.

Neither do the allegations amount to a continuing activity on the part of SCE&G such

that Southern Bread should be permitted to advance its claims arising within two-years of the

time it filed its Complaint. The "continuous treatment exception to the general rule goveming

the accrual of a cause of action" has rarely, if ever, applied in this state. Dillon Cnty. Sch. Dist:

8

F.3d 404, 407 (4th Cir.1994) (applsdng South Carolina law). Assuming, arguendo, the

allegations set forth in the Complaint, these facts demonstrate that Southern Bread was on notice

that a claim against SCE&G might exist over seven years ago.

Thus, the statute of limitations for Complainant's claims expired at least in 2008.

Statutes of limitations '*are designed to promote justice by forcing parties to pursue a case in a

timely manner. Parties should act before memories dim. evidence grows stale or becomes

nonexistent, or other people act in reliance on what they believe is a settled state of public

affairs." State ex rel. Condon v. City of Columbia, 339 S.C. 8, 19, 528 S.E.2d 408, 413-14

(2000), See also Moates v. 8oirh, 322 S.C. 172, 176, 470 S.E.2d 402, 404 (Ct.App.1996) ("One

purpose of a statute of limitations is 'to relieve the courts of the burden of trying stale claims

when a plaintiff has slept on his rights.'") quoting vfc JA'nneyv. CSX Transp., Inc., 298 S.C. 47,

49-50„378 S.E.2d 69, 70 (Ct.App.1989)); id., 322 S.(.'.. at 176, 470 S.E.2d at 404 ("Another

pmpose of the statute of limitations is to piotect potential defenclants from protracted fear of

litigation."). Instead, Southern Bread did not elect to convert its Panera Bread stores to the more

restrictive Rate 20 until September 2013 and, in so doing. continued to receive the benefit of'he

less constrained electric service supplied under Rate 9. By filing its Complaint on November 26,

2013—well after two-years from the time it had notice of these alleged claims—Southern Bread

unreasonably delayed in asserting these claims rnid the statute of limitations set forth in Ij 58-27-

960 bars the relief now sought.

Neither do the allegations amount to a continuing activity on the part of SCE&G such

that Southern Bread should be permitted to advance its clauns arising within two-years of the

time it filed its Complaint. The "continuous treatment exception to the general rule governing

the accrual of a cause of action" has rarely, if ever, applied in this state. Dillon Cnty. Sch. Dist.

Sheet Metal Works, Inc., 286 S.C. 207, 216-17, 332 S.E.2d 555, 560 (Ct. App.

1985)(limitations period runs from day School District discovered or reasonably should have

discovered it had a serious roof problem and not when it learned it needed a new roof) overruled

on other grounds by Atlas Food Sys. & Servs., Inc. v. Crane Nat. Vendors Div. of Unidynamics

Corp., 319 S.C. 556,462 S.E.2d 858 (1995). See also Preer v. Mims, 323 S.C. 516,476 S.E.2d

472 (1996) (declining to adopt a continuous treatment exception in a medical malpractice

action); Holy Loch Distributors v. Hitchcock, 332 S.C. 247, 503 S.E.2d 787 (Ct. App.

1998)( declining to apply continuous treatment exception in a legal malpractice action) rev'd on

other grounds, 340 S.C. 20, 531 S.E.2d 282 (2000). Once Southern Bread received knowledge

that Rate 20 existed and was available for electric service to its stores, it was obliged to advance

its claims within a reasonable period of time. Webb v. Greenwood County, 229 S.C. 267, 276, 92

S.E.2d 688, 691 (1956) ("There is universal acceptance of the logic of Statutes of Limitations

that litigation must be brought within a reasonable time in order that evidence be reasonably

available and there be some end to litigation."); accord Santee Portland Cement Co. v. Daniel

Int'! Corp., 299 S.C. 269, 384 S.E.2d 693 (1989), overruled on other grounds by Atlas Food Sys.

& Servs., Inc. v. Crane Nat 'I Vendors Division ofUnidynamics Corp., 319 S.C. 556,462 S.E.2d

858 (1995) (one policy underlying statute oflimitations is to protect defendant from false or

fraudulent claims that might be difficult to disprove if brought after relevant evidence or

witnesses are no longer available). Southern Bread's failure to do so and the applicable time

limitations of § 58-27-960 bar it from advancing its claims at this late date.

C. Statute of Limitations for Actions Upon Contract

Alternatively, and without conceding the applicability of the two-year statute of

limitations set forth in § 58-27-960, this matter also is barred by the three-year statute of

9

No. Two v. Lewis Sheet Metal lVorks, Inc., 286 S.C. 207, 216-17, 332 S.E.2d 555, 560 (Ct. App.

1985)(limitations period runs from day School District discovered or reasonably should have

discovered it had a serious roof problem and not when it learned it needed a new roof) overruled

on other grounds by Atlas Food Sys. ck Servs., Inc, v. Crane Nat. Vendors Div. of Unidynamics

Corp., 319 S.C. 556, 462 S.E.2d 858 (1995). See also Preer v. Mims, 323 S.C. 516, 476 S.E.2d

472 (1996) (declining to adopt a continuous treatment exception in a medical malpractice

action); Holy Loch Distributors v. Hitchcock, 332 S.C. 247, 503 S.E.2d 787 (Ct. App.

1998)(declining to apply continuous treatment exception in a legal malpractice action) rev 'd on

other grounds, 340 S.C. 20, 531 S,E,2d 282 (2000). Once Southern Bread received knowledge

that i&ate 20 existed and was available for electric service to its stores, it was obliged to advance

its claims within a reasonable period of time. Webb v. Blreenwood County, 229 S,C. 267, 276, 92

S.E.2d 688, 691 (1956) ("There is universal acceptance of the logic of Statutes of l,imitations

that litigation must be brought within a reasonable time in order that evidence be reasonably

available and there be some end to litigation."); accord Santee Portland Cement Co, v, ldaniel

Int 'l Corp., 299 S.C. 269, 384 S.E.2d 693 (1989), overruled on other grounds by Atlas I'ood Sys.

r9 Servs., Inc. v. Crane Nat 'l Vendors Division, of Unidynamics Corp., 319 S.C. 556, 462 S.E.2d

858 (1995) (one policy underlying statute of limitations is to protect defendant from false or

fraudulent claims that might be difficult to disprove if brought after relevant evidence or

witnesses are no longer available). Southern Bread's failure to do so and the applicable time

limitations of ( 58-27-960 bar it from advancing its claims at this late date.

C. Statute of Limitations for Actions U on Contract

Alternatively, and without conceding the applicability of the two-year statute of

limitations set forth in $ 58-27-960, this matter also is barred by the three-year statute of

See Santee Portland Cement Co., 299 S.C.

at 271, 384 S.E.2d at 694 (holding the discovery rule applies to breach of contract actions).

Section 15-3-530(1) provides that "an action upon a contract" must be commenced within three

years. Southern Bread avers that it "contracted with SCE&G to have permanent electricity

provided to" its Panera Bread stores. SCE&G does not concede, but expressly reserves its rights

to assert otherwise, that Southern Bread's applications for service to its stores constitute

contracts. However, to the extent that such applications for service are contracts and that

Southern Bread's claims arise out of an alleged breach of contract, Complainant's claims would

be barred by § 15-3-530 as this action was not instituted within three years of the alleged breach.

D. Laches

Similarly, Southern Bread's Complaint is barred by the doctrine of laches. "Under the

doctrine oflaches, if a party, knowing his rights, does not seasonably assert them, but by

umeasonable delay causes his adversary to incur expenses or enter into obligations or otherwise

detrimentally change his position, then equity will orclinarily refuse to enforce those

rights." Chambers o/S.c., Inc. v. County Council/or Lee County, 315 S.C. 418, 421, 434 S.E.2d

279,280 (1993). "In other words, laches is neglect for an unreasonable and unexplained length

of time, under circumstances affording opportunity for diligence, to do what in law should have

been done." Paine Gayle Properties, LLC v. CSX Transp., Inc., 400 S.C. 568, 587-88, 735

S.E.2d 528,539 (Ct. App. 2012). "The party seeking to establish laches must show: (1) a delay,

(2) that was unreasonable under the circumstances, and (3) prejudice." Robinson v. Estate of

Harris, 388 S.C. 630, 642, 698 S.E.2d 222, 228 (2010).

5 For the sake of brevity, SCE&G incorporates herein the above-discussion. Section E, supra.

10

limitations set forth in S.C. Code Ann. ss 15-3-530.'ee Santee Portland Cement Co., 299 S.C.

at 271, 384 S.E.2d at 694 (holding the discovery rule applies to breach of contract actions).

Section 15-3-530(1) provides that "an action upon a contract" must be commenced within three

years. Southern Bread avers that it "contracted with SCEbbO to have permanent electricity

provided to" its Panera Bread stores. SCEkCr does not concede, but expressly reserves its rights

to assert otherwise, that Southern Bread's applications for service to its stores constitute

contracts. However, to the extent that such applications for service are contracts and that

Southern Bread's claims arise out ol'an alleged breach of contract, Complainant's claims would

be barred by tj 15-3-530 as this action vvas not instituted within three years of the alleged breach.

D. Laches

Similarly, Southern Bread's Complaint is barred by the doctrine of laches. "Under the

doctrine of laches, if a party, knowing his rights, does not seasonably assert them, but by

unreasonable delay causes his adversary to incur expenses or enter into obligations or otherwise

detrimentally change his position, then equity will orchnarily refuse to enforce those

rights." Chambers ofS.C., Inc. v, County Counct7 for Lee County, 315 S.C. 418, 421, 434 S.E.2d

279, 280 (1993). "In other words, laches is neglect for an unreasonable and unexplained length

of time, under circumstances affording opportunity for diligence, to do what in law should have

been done." Paine Gayle Properties, LLC v. CSX Transp., Inc., 400 S.C. 568, 587-88, 735

S.E.2d 528, 539 (Ct. App. 2012). "The party seeking to establish laches must show: (I) a delay,

(2) that was unreasonable under the circumstances, and (3) prejudice." Robinson v. Estate of

Harris, 388 S.C. 630, 642, 698 S.E.2d 222, 228 {2010).

'or the sake of brevity, SCEStG incorporates herein the above discussion. Section B, supra.

its face, Southern Bread's Complaint demonstrates an unreasonable and

unexplainable delay in bringing this action. Southern Bread admits that its Sam Rittenberg Store

was placed on Rate 20, which occurred on May 5, 2006. Complaint at ~10; Answer at ~~10, 18;

Exhibit D. Despite this knowledge, Southern Bread did nothing to contest the continued supply

of electric service by SCE&G under Rate 9 during the ensuing seven and a half years. Southern

Bread's negligence in this regard reflects a lack of diligence to be considered in determining

whether a complaint may be barred by laches. See Presbyterian Church of James Island v.

Pendarvis, 227 S.C. 50, 86 S.E.2d 740 (1955) (holding a paTty seeking to enforce a trust "may

become barred by laches if he fails to proceed with reasonable diligence").

Further, Southern Bread's delay was unreasonable. As explained above, Southern Bread

had actual knowledge of the existence of Rate 20 no later than May 5, 2006, when it executed a

contract with SCE&G for electric service thereunder for its Sam Rittenberg Store. Moreover, the

Complainant received constructive notice of SCE&G's alternative available rates every year

through SCE&G's annual provision of its Summary of Non-Residential Rates. Instead of

changing to Rate 20, Southern Bread continued to receive electric service under Rate 9 at its

other four stores without voicing any objection until September 2013.

Finally, SCE&G is prejudiced by Southern Bread's delay in seeking the relief it now

alleges is due. In serving Southern Bread under Rate 9, SCE&G stood ready to meet the

Complainants electric service needs without regard to any limitations on its minimum demands

and without requiring a five-year written commitment for electric service. Additionally, had

Southern Bread requested to transfer electric service for its other four stores to Rate 20, SCE&G

would have converted the stores to this rate and reduced the amount collected.6 Since this time,

6 This hypothetical assumes that the remaining stores were eligible for Rate 20 at the time of such request.

11

On its face, Southern Bread's Complaint demonstrates an unreasonable and

unexplainable delay in bringing this action. Southern Bread admits that its Sam Rittenberg Store

was placed on Rate 20, which occurred on May 5, 2006. Complaint at $10; Answer at )$10, 18;

Exhibit D. Despite this knowledge, Southern Bread did nothing to contest the continued supply

of electric service by SCE&G under Rate 9 during the ensuing seven and a half years. Southern

Bread's negligence in this regard reflects a lack of diligence to be considered in determining

whether a complaint may be barred by laches. See Presbyterian Church of James Island v.

Pendarvis, 227 S.C. 50, 86 S,E.2d 740 (1955) (holding a patty seeking to enforce a trust "may

become barred by laches if he fails to proceed with reasonable diligence"),

Further, Southern lgread's delay was unreasonable. As explained above, Southern Bread

had actual knowledge of the existence of Rate 20 no later than May 5, 2006, when it executed a

contract with SCE&G for electric service thereunder for its Sam Rittenberg Store. Moreover„ the

Complainant received constructive notice ol'CE&G's alternative available rates every year

through S('"l.',&G's anintal provision of its Sumniary of Non-Residential Rates. Insteadol'hanging

to Rate 20„Southern Bread continued to receive electric service under Rate 9 at its

other four stores without voicing any objection until September 2013.

Finally, SCE&G is prejudiced by Southern Bread's delay in seeking the relief it now

alleges is due. In serving Southern Bread under Rate 9, SCE&G stood ready to meet the

Complainants electric service needs without regard to any limitations on its minimum demands

and without requiring a five-year written commitment for electric service. Additionally, had

Southern Bread requested to transfer electric service for its other four stores to Rate 20, SCE&G

would have converted the stores to this rate and reduced the amount collected. Since this time,

This hypothetical assumes that the remaining stores were eligible for Rate 20 at the time of such request.

11

has advanced three general rate case proceedings, at least seven fuel adjustment

proceedings, and other similar regulatory matters. Each of these actions adjusted the Company's

rates and charges based, in part, upon its level of electric service to its residential, commercial,

and industrial revenue collections. As a result, should Southern Bread prevail on its claims,

which SCE&G denies, the Company will have lost the opportunity to set rates based upon

climinished revenues. In addition to this economic prejuclice, there is also evidentiary prejudice

to SCE&G (such as lost or stale evidence and witnesses whose memories have faded), which is

inherent in cases involving a delay of over seven years. In short, Southern Bread's

unconscionable delay, coupled with undisputed severe prejudice to SCE&G, warrants the

application of the doctrine oflaches to bar Southern Bread's case in its entirety.

E. Limitation of Claims

Alternatively, the Commission should limit Southern Bread's claims to those allegedly

arising no more than two-years prior to filing this action. Southern Bread asserts that "four of

Southern Bread's Panera Bread stores were arbitrarily and improperly placed on SCE&G's rate

schedule 9" and that "SCE&G failed to assist ... Southern Bread [as 1 to which rate schedule to

select." Complaint at -,r-,r9, 11. As set forth in the Complainant, these stores initiated electric

service with SCE&G from 2004 through 2010; therefore, the initiation of service to each store

occurred more than two-years prior to Southern Bread's filing of the Complaint on November

26, 2013. As a result, any claims relating back to the initiation of electric service to the Panera

Bread stores are barred by the statute oflimitations set forth in § 58-27-960.

12

SCE&G has advanced three general rate case proceedings, at least seven fuel adjustment

proceedings, and other similar regulatory matters. Each of these actions adjusted the Company's

rates and charges based, in part, upon its level of electric service to its residential, commercial,

and indusn.ial revenue collections. As a result, should Southern Bread prevail on its claims,

which SCE&G denies, the Company vvill have lost the opportunity to set rates based upon

chminished revenues. In addition to this economic prejudice, there is also evidentiary prejudice

to SCE&G (such as lost or stale evidence and witnesses whose memories have faded), which is

inherent in cases involving a delay of over seven years. In short, Southern Bread's

unconscionable delay„coupled with undisputed severe prejudice to SCE&G, warrants the

application of the doctrine of laches to bar Southern Bread's case in its entirety.

E. Limitation of Claims

Alternatively, the Commission should limit. Southeni Bread's clainis to those allegedly

arising no more than two-years prior to filing this action. Southern Igread asserts that "four of

Southetu Bread's Panera Bread stores were arbitrarily and improperly placed on S('E&G's rate

schedule 9" and that "SCE&G failed to assist ... Southern Bread [as] to which rate schedule to

select." Complaint at [[$9, 11. As set forth in the Complainant, these stores initiated electric

service with SCE&G from 2004 through 2010; therefore, the initiation of service to each store

occurred more than two-years prior to Southern Bread's filing, of the Coniplaint on November

26, 2013. As a result, any claims relating back to the initiation of electric seivice to the Panera

Bread stores are barred by the statute of limitations set forth in qs 58-27-960.

WHEREFORE, having set forth its motion, the Company requests that the Commission

grant judgment on the pleadings, dismiss the above-captioned complaint with prejudice, and

grant such other and further relief as is just and proper.

January 3, 2014 Cayce, South Carolina


K. Chad Burgess, sqrnre Matthew W. Gissendanner, Esquire South Carolina Electric & Gas Company Mail Code C222 220 Operation Way Cayce, South Carolina 29033-3701 Phone: (803) 217-8141 Fax: (803)217-7810 Email: [email protected]

Attorneys for South Carolina Electric & Gas Company

13

CONCLUSION

WHEREFORE, having set forth its motion, the Company requests that the Commission

grant judgment on the pleadings, dismiss the above-captioned complaint with prejudice, and

grant such other and further relief as is just and proper.


Matthew W. Gissendanner, EsquireSouth Carolina Electric 4 Gas CompanyMail Code C222220 Operation WayCayce, South Carolina 29033-3701Phone: (803) 217-8141Fax: (803) 217-7810Email: chad.burgess(rttscana.corn

rArorneysfnr Aorrth Carolina Elecrrit Jc

Gns Company

January 3, 2014Cayce, South Carolina

13

& GAS COMPANY

RATE 9

AVAILABILITY


ELECTRICITY


This rate is available to customers using the Company's standard service which is specified as a single point of delivery per premises from an existing overhead distribution system for general light and/or power purposes such as commercial, industrial, religious, charitable and eleemosynary institutions. It is not available for resale service.


Alternating Current, 60 hertz. Voltage and phase at the option of the Company.

I. Basic Facilities Charge:

11. Demand Charge:

RATE PER MONTH

Summer (Billing Months

June-September)

$ 21.25

~ (Billing Months

October-May)

$ 21.25

No Charge

No Charge

The Billing Demand (to the nearest whole KVA) shall be the maximum integrated fifteen (15) minute demand measured during the billing months of June through September,

III. Energy Charge:

First 3,000 kWh @

Over 3,000 kWh @

$ 0,12765 per kWh

$ 0.13595 per kWh

MINIMUM CHARGE

$ 0.12765 per kWh $ 0.11871 per kWh

The monthly minimum charge shall be the basic facilities charge and demand charge as stated above, provided however, when construction costs exceed four (4) times the estimated annual revenue excluding fuel revenue to be derived by the Company, the customer may make a contribution in aid of construction of the excess cost or pay the Company's standard facility rate on the excess construction cost in addition to the rate charges above.




The energy charges above include a DSM component of $,00060 per kWh for Demand Side Management expenses.


The energy charges above include a Pension Costs component of $,00051 per kWh as approved by the Public Service Commission of South Carolina. STORM DAMAGE COMPONENT

Inclusion of a storm damage component has been indefinitely suspended until further order of the Public Service Commission of South Carolina,



POWER FACTOR

If the power factor of the Customer's installation falls below 85%, the Company may adjust the billing to a basis of 85% power factor.

TEMPORARY SERVICE

Temporary service for construction and other purposes will be supplied under this rate in accordance with the Company's Terms and Conditions covering such service.

PAYMENT TERMS



Exhibit A

Page 1 ef2

SOUTH CAROLINA ELECTRIC 81 GAS CONIPANY ELECTRICITY

RATE 9

AVAILABILITY

GENERAL SERVICE(Page 1 of 2)

This rate is available to customers using the Company'4 slerdard service whrcb rs specified as a single point of delivery per premises from an existingoverhead distribution system for general light and/or power puposes such as commesaal rndustnai, rehgious, chantable and eleemosynary mstitutionsIt rs not available for resale service


Alternating Current, 80 hertz Voltage and phase at the ophon of toe Company

RATE PER MONTH

I. Basjc Facilities Charge:

g. Demand Charge:First 250 KVA of Brging DemandExcess over 250 KVA of Billing Demand

Summer(8ii: n,-Vcrlhs

June-Sep:smbwj

$ 2'

jto Chang387 perKVA

Winter(Brt/ing Months

october-Meyl

$ 21.25

No ChargeNo Charge

The Billing Demand (to the nearest whole KVA) shall be tl e rrmcmum integ ated fdreen (15) minute demand measured dunng the bilhng months ofJune through September.

gl. Energy Charge:First 3,000 kyyh

Over 3,000 kWh /G

$ 01 785 per kV/h

3 o13 85 per kV'rh

MINIMUM CHARGE

$ 012785 per klNh

$ 0 11871 per klNh

Ttie monthly mmimum charge shall be the basic faolities d arge and deme"0 cha"ce as stated above provided however, when construction costsexceed four (4) times the estimated annual revenue excicdug fuel revenue t be der ved by the C mpany, the customer may make a contnbution in ~ id

of construction of the excess cost or pay the Company's standaro facility rale on th exces construction cost m addition to the rate charges above


Fuel costs of $ 03344 per kiNh are included In the enemy cha ge and are s b wz to adjustment by order of the Public Service Commission of SouthCarolina


The energy charges above include a DSM component of $ 03060 per kWh for emend Sae Management expenses


The energy charges above include a Pension Costs corn pun nt of $.00v51 cer KV/h as app oved by lhe Public Service Commission of South CarolinaSTORI(ll DAMAGE COIBIPONENT

Inclusion of a storm damage component has been ind fir it ly st spendeo nti: further crcerof the Public Service Commission of South Carolina


To the above will be added any applicable sales tax, franchise fee or bueness license lax which may be assessed by any slate or local governmentalbody

POWER FACTOR

If the power factor of the Customers installation falls b low 8" %, the Company n ay adjust the billing to a basis of 85% power factor

TEIIIIPORARY SERVICE

Temporary service for construction and other purpc s vvili be supobsd under this rate in accordance with the Company's Terms and Conditionscovenng such service

PAYig(ENT TERIBIS

Ag bills are net and payable when rendered


& GAS COMPANY

RATE 9

SPECIAL PROVISIONS


ELECTRICITY

GENERAL SERVICE (Page 2 0(2)

This rate is available for residential service where more than one dwelling unit is supplied through a single meter, provided service to such dwelling unit was established prior to July 1, 1980.

The Company will furnish selifice in accordance with its standard specifications. Non-standard service will be furnished only when the customer pays the difference in costs between non-standard service and standard service or pays to the Company its normal monthly facility charge based on such difference in costs.

UNMETERED SERVICE PROVISION

When customer's usage can be determined and in the so[e opinion of the Company, installation of metering equipment is impractical or uneconomical, monthly kWh may be estimated by the Company and billed at the above rate per month, except that the basic facilities charge shall be $7.90.

TERM OF CONTRACT

Contracts for installation of a permanent nature shall be written for a period of not less than one (1) year. A separate contract shall be written for each meter at each location.


The Company's General Terms and Conditions are incorporated by reference and are a part of this rate schedule

Effective for Bills Rendered

On and After October 30, 2013

Exhibit A

Page 2 of 2

SOUTH CAROLINA ELECTRIC & GAS COMPANY ELECTRICITY

RATE 9 GENERAL SERVICE(Page 2 of 2)

SPECIAL PROVISIONS

This rate is available for residential service where mom than on dv ailing unit is suppi ed throuch a single meter, provided service to such dwellingumt was established pnor to July 1 1980

The Company will furnish service in accordance vvith its standard specifrcst'ons Non-standarc service wilt be furmshed only when the customerpays the difference in costs between non-standard service ard sta»dard erve e or pays to the Company its normal monthly faolity charge based onsuch difference in costs

UNINETERED SERVICE PROVISION

iwhen customer's usage can be determined and in ths oie opimir of lhe Company, installation of metering equipment is impractical oruneconomical, monthly kyyh may be estimated by the Corrpar } and b I' at ihe ab v rate per month, except that the basic facihties charge shallbe $7 go

TERN OF CONTRACT

Contracts for installation of a permanent nature shall be vntten fc' pe. od of rot less than ore {1) year A separate contract shall be wntlen foreach meter at each location


The Company s General Terms and Conditions are mcorpomt d bv mference and are a part cf this rate schedule


& GAS COMPANY

Exhibit B Page 1 of 1

ELECTRICITY


AVAILABILITY

This rate is available to any non-residential customer using the Company's standard service for power and light requirements and having a contract demand of 75 KVA or over. It is not available for resale service.


Alternating Current, 60 hertz, three phase, metering at the delivery voltage which shall be standard to the Company's operation.

RATE PER MONTH

I. Basic Facilities Charge $ 195.00

II. Demand Charge:

~A"I'.:.KV"-"A,-,o"f-=B"ill"-i"",g-,D"e"m"a"",,d-,@,,-___________ --,,$_--,-1",8.,,0,,-0 per KVA

The billing demand (to the nearest whole KVA) shall be the greatest of: (1) the maximum integrated fifteen minute demand measured (which may be on a rolling time interval) during the current month; or (2) eighty percent (80%) of the highest demand occurring during the billing months June through September in the eleven preceding months; or (3) sixty percent (60%) of the highest demand occurring during the billing months of October through May in the eleven preceding months; or (4) the contract demand; or (5) 75 Kl/A

III. Energy Charge:

First 75,000 kWh @ Excess over 75,000 kWh @

$ 0.05717 per kWh $ 0.05326 per kWh

MINIMUM CHARGE

The monthly minimum charge is the demand as determined above. The Company may allow a buildup period not to exceed six months for new and expanding accounts during which time the contract demand and/or the minimum demand specified in the rate schedule may be waived. The Company shall not commit itself to a buildup period exceeding six months without prior approval of the Commission for the specific account involved,






The energy charges above include a Pension Costs component of $.00051 per kWh as approved by the Public Service Commission of South Carolina.





PAYMENT TERMS

All bills are net and payable when rendered,

SPECIAL PROVISIONS

The Company will furnish service in accordance with its standard specifications. Non-standard service will be furnished only when the customer pays the difference in costs between non-standard service and standard service or pays to the Company its normal monthly facility charge based on such difference in costs.

TERM OF CONTRACT

The contract terms will depend on the conditions of service No contract shall be written for a period of less than five (5) years.

A separate contract shall be written for each meter.


The Company's General Terms and Conditions are incorporated by reference and a part of this rate schedule.

Effective for Bills Rendered

On and After October 30,2013

Exhibit B

Page 1 of 1

SOUTH CAROLINA ELECTRIC S GAS COMPANY ELECTRICITY


AVAILABILITY

This rate is available to any non-residential customer us»g ihe Company's ia rtard samoa lor power and light requirements and having a contractdemand of 75 KVA or over Itis not available for resale service.


Alternating Current, 60 hertz, three phase, metenng at the delivery vohage w»Lh s»s'I b stands c to the Company s operation.

RATE PER IgIONTH

I. Basic Facilities Char e

II. Demand Charge:

Ag KVA of Billing Demand Ie

$ '65,00

S 1B.00 per KVA

The bilhng demand (to the nearest whole KVA) shall be the greatssi of: !1 j il e maximum integrated fifteen minute demand measured (which may beon a rolbng time interval) dunng the current month, or (2! eighty percent i63') of the lygl st demand occurnng dunng the bibing months June throughSeptember m the eleven preceding months; or (3) sixty percent (60M)'t»s highest demand cccurrmg dunng the billing months of October throughMay in the eleven preceding months or (4) the contract darner:d, or (5) 75 KVA.

ffl. Energy Charge:

First 75,000 kWh ieExcess over 75,000 kWh

- 05717 perkWh0 05326 per kWh

MINIMUM CHARGE

The monthly minimum charge is the demand as date mined above. Th Comps»y may allow a buddup penod not to exceed six months for new andexpanding accounts dunng which time the contract der»ano and or»he»d»lmvm demand spccaed in the rate schedule may be waived The Companyshall not commit itself to a buildup period exceeding six mo»ths wrthom prmr apprcval M tl e Comn vssion for the specific account mvolved.


Fuel costs of $ 03333 per kWh are included in the sr, rgy c»arg ansi a e m;biect to adiu trna»t by order of the Pubbc Service Commission of SouthCarolina

DEMAND SIDE MANAGEMENT COIIIIPONENT

The energy charges above include a DSM component of 5 03066 per ku»rh fo Derrand Scde!Jar agement expenses


The energy charges above include a Pension Costs component of $.00 51 per VAh as approved by the Public Service Commission of South Carobna

STORNI DAMAGE COMPONENT

Inclusion of a storm damage component has been indefinrely suspended u»ti further crder of '.»e Public Service Commission of South Carolina


To Ihe above will be added any applicable sales tax f anchise fee or busines iicerse tax 4 hei'ay be assessed by any state or local governmentalbody

PAYMENT TERIIIIS

Ag bills are net and payable when rendered.

SPECIAL PROVISIONS

The Company will furnish service in accordance with ils sia»dard spewficabfons, Hon-sar dard se»rrce will be furnished only when Ihe customer paysthe difference in costs between non-standard service ard tandarc servi e or nays to i»e Comps»y its normal monthly facility charge based on suchdifference in costs.

TERM OF CONTRACT

The contract terms will depend on the conditions of swee No contrac: shall be wntter fcr a oeriod of less than five (5) yearsA separate contract shall be written for each meter


The Company's General I erma and Conditions are inmrporat d by reference and 6 par'. M ties rate schedule

Effective for Bigs RenderedOn and After October 30, 2013

of Non-Residential Electric Rates

Exhibit C Page 1 of 2

RATE 3, Municipal Power Service, is available to municipal customers for municipally owned and operated facilities including public buildings and pumping stations. This rate requires a written contract for a minimum term of 10 years.

RATE 9, General Service, is available to commercial, industrial, religious and charitable organizations including temporary and large construction service. It is an energy rate with a KVA demand charge for all KVA in excess of 250 during the billing months of June through September.

RATE 10, Small Construction Service, is available as a temporary single-phase-only service to buildings under construction.

RATE 11, Irrigation Service, is a time-of-use rate available to drive pumps and systems supplying water for irrigation purposes only. Service requires a written contract with a minimum term of 10 years.

RATE 12, Church Service, is available to recognized churches. Service is not available under this rate for churches offering activities of a commercial nature such as day care, camps or recreational activities.

RATE 13, Municipal Lighting, is available to municipal customers for municipally owned and operated facilities for lighting streets and other public places and for operating signal systems. This rate requires a written contract for a minimum term of 10 years.

RATE 14, Farm Service, is available for use on farms for producing but not processing agricultural, dairy, poultry, and meat products. Motors rated in excess of 20 HP cannot be served under this rate.

RATE 15, Supplemental and Standby Service, is available to provide Qualifying Facilities with service when their equipment is unavailable or when they require power above that normally generated by such equipment.

RATE 16, General Service Time-of-Use, is a seasonal time-of-use rate available to customers having an on-peak demand of less than 1,000 KW. This is an energy-only rate.

RATE 20, Medium General Service, is available as a combination demand and energy rate for customers having a minimum billing demand of 75 KVA. This rate requires a written contract for a minimum term of five years.

continued

Exhibit C

Summary of Non-ResidentialElectric Rates

RATE 3, Municipal Power Service, is available to municipalcustomers for municipally owned and operated facilitiesincluding public buildings and pumping stations. This raterequires a written contract for a minimum term of 10 years.

RATE 9, General Service, is available to commercial,industrial, religious and charitable organizations includingtemporary and large construction service. It is an energyrate with a KVA demand charge for all KVA in excess of 250during the billing months of June through September.

RATE 10, Small Construction Service, is available as atemporary single-phase-only service to buildings underconstruction.

RATE 11, Irrigation Service, is a time-of-use rate availableto drive pumps and systems supplying water for irrigationpurposes only. Service requires a written contract with aminimum term of 10 years.

RATE 12, Church Service, is available to recognizedchurches. Service is not available under this rate for churchesoffering activities of a commercial nature such as day care,camps or recreational activities.

RATE 13, Municipal Lighting, is available to municipalcustomers for municipally owned and operated facilities forlighting streets and other public places and for operatingsignal systems. This rate requires a written contract for aminimum term of 10 years.

RATE 14, Farm Service, is available for use on farms forproducing but not processing agricultural, dairy, poultry, andmeat products. Motors rated in excess of 20 HP cannot beserved under this rate.

RATE 15, Supplemental and Standby Service, is availableto provide Qualifying Facilities with service when theirequipment is unavailable or when they require power abovethat normally generated by such equipment.

RATE 16, General Service Time-of-Use, is a seasonaltime-of-use rate available to customers having an on-peakdemand of less than 1,000 KW. This is an energy-only rate.

RATE 20, Medium General Service, is available as acombination demand and energy rate for customers havinga minimum billing demand of 75 KVA. This rate requires awritten contract for a minimum term of five years.

continued

C Page 2 of 2

RATE 21, General Service Time-of-Use Demand, is a seasonal time of use rate available to customers having a minimum contract demand of 50 KVA and a maximum demand of less than 1,000 KVA. This is a combination demand and energy rate. This rate requires a written contract for a minimum term of five years.

RATE 22, School Service, is available to non-boarding schools with grades K-12. Service is not available under this rate for schools offering activities of a commercial nature such as day care, camps or recreational activities.

RATE 23, Industrial Power Service, is available as a combination demand and energy rate to industrial customers having a minimum billing demand of 1,000 KW. This rate requires a written contract for a minimum term of five years.

A RIDER TO RATES 20 AND 23 FOR COOL THERMAL STORAGE is available to encourage removal of air conditioning load from the system peak.

RATE 24, Large General Service Time-of-Use, is a seasonal on-peak and off-peak consumption (KWH) and demand (KW) rate available to customers having a minimum billing demand of 1,000 KW. This rate requires a written contract for a minimum term of five years.

A RIDER TO RATES 23 AND 24 FOR INTERRUPTIBLE SERVICE is available for customers willing to be exposed to interruption during certain hours up to a total number of annual hours, which offers a credit against the demand charge.

RATE 28, Small General Service Time-of-Use Demand, is an experimental rate that bills a seasonal on-peak KW demand charge and a monthly off-peak KW demand charge. The maximum on-peak monthly billing demand for this rate is 100 KW. This rate also bills an energy charge for on/off-peak KWH. It is limited to a maximum of 25 non-net metering customers and requires a written contract for a period of not less than one year.

LIGHTING RATES, Various mercury vapor, metal halide and high pressure sodium fixtures are available for flood, street and private overhead lighting. These rates require written contracts.

Copies of rates are available from any SCE&G business office or online at sceg.com.

www.sceg.com <SCE&G® A SCANA COMPANY

mULEC13T 4626 09/13

Exhibit CPage.2 of 2

RATE 21, General Service Time-of-Use Demand; is aseasonal time of use rate available to customers having aminimum contract demand of 50 KVA and a maximum demandof less than 1,000 KVA. This is a combination demandand energy rate. This rate requires a written contract for aminimum term of five years.

RATE 22, School Service, is available to non-boardingschools with grades K-12. Service is not available under thisrate for schools offering activities of a commercial naturesuch as day care, camps or recreational activities.

RATE 23, Industrial Power Service, is available as acombination demand and energy rate to industrial customershaving a minimum billing demand of 1,000 KW. This raterequires a written contract for a minimum term of five years.

A RIDER TO RATES 20 AND 23 FOR COOL THERMALSTORAGE is available to encourage removal of airconditioning load from the system peak.

RATE 24, Large General Service Time-of-Use, is aseasonal on-peak and off-peak consumption (KWH) anddemand (KW) rate available to customers having a minimumbilling demand of 1,000 KW. This rate requires a writtencontract for a minimum term of five years.

A RIDER TO RATES 23 AND 24 FOR INTERRUPTIBLESERVICE is available for customers willing to be exposed tointerruption during certain hours up to a total number of annualhours, which offers a credit against the demand charge.

RATE 28, Small General Service Time-of-Llse Demand, is anexperimental rate that bills a seasonal on-peak KW demandcharge and a monthly off-peak KW demand charge. Themaximum on-peak monthly billing demand for this rate is100 KW. This rate also bills an energy charge for on/off-peakKWH. It is limited to a maximum of 25 non-net meteringcustomers and requires a written contract for a period of notless than one year.

LIGHTING RATES, Various mercury vapor, metal halideand high pressure sodium fixtures are available for flood,street and private overhead lighting. These rates requirewritten contracts.

Copies of rates are available from any SCE&G business officeor online at sceg.corn.

www.sceg.corn

mc EEEC43T462609A3

WKi%Ca'CCANA COMPANY

Electric & Gas Company G.ENERAL SERVICE AGREEMENT

GSA# 9206076 Exhibit 0 Page 1 of 3

Effective Date: June OS, 2006

New Accl. # .~--;-7:-----'::---C--='- Old Accl. # Work Request # ________ ~_ Customer's Legal Name ---'S"'o'-'u"'th"'e'"'m"-'=B"'re"'a"d"-,-"L'=L"'C'----___ ~~ ________ --------_____ _ DBA Panera Bread Service Address 2000 Sam Rittenberg Boulevard, Suite 104 CitylState Charleston, SC Zip 29407-4629 Billing Address 126 N, Forest Beach Court City/State H::iI::-to><n"H"'-"e~ad':'7ls"'lc'an"'d"',--;S;-;C::-~Zip 29928-64,,0"'3'----_ Tax ID # ___ ------

DEPOSIT REQUIRED: $ I. CL;f!ili!l_qJD~01(P J1 Satisfied By: Money Irrev, Leiter - __ -c-;;- Surety Bond ___ _

Existing Service __ If existing, service Account # I RCVD ,J Other

REASON FOR:-A:-G=R:::E:::E:-M;;:E::-N:::T"': -oN':-e"'w-=C"'u-s"'to-m-e-r-: ---:::Ra-t"'e-:C:C;h-a-n-g-e:--;;X--::O""'ther: ----;:-c-c--------If new Ownership __ , The Agreement supersedes Agreement # ~ __ -'-____ Dated, ________ _

in the name of DBA -;c:-------------~---Other See attached General Terms & Conditions and Standard Conditions

SERVICE INFORMATION: Distribution Voltage 23,9113,8 kV Service Method Pad mounted transformer Delivery Voliage 2081"120 Volts 3 Phase 4 Wire Wye Connected Point of Service Secondary terminals of SCE&G-owned pad mounted transformer Maximum Installed Capacity 150 kVA Dedicated Capacity 150 kVA

BILLING: Customer will be billed on Rate Schedule 20 Contract Demand __ -,-7~5-"k,-"V,-A,--__ Build up period of 6 months beginning with effective date,

SpeciaJ Provisions/Extra Facilities/Explanations: For Underground service installation, the Company owns and will maintain the pad mounted transformer, primary cable, primary protective equipment, and metering equipment. Customer owns and will maintain the concrete transformer pad and all circuits and equipment on load side of transformer terminals._ Customer agrees to keep transformer and primary cable unencumbered and accessible to Company's ma.intenance vehicles and to keep transformer protected from vehicular traffic.

Termination: Should Customer terminate this Agreement for any reason, eIther during the initial tenn or any extension thereof, unless waived for reasons herein, Customer shall pay to Company a termination charge equal to the total installed cost of faciHtles dedicated solely for serving Customer, less any customer contribution to construction, Jess accumulated depreciation of the facilities 'funded by Company, less salvage value of all facilities dedicated solely for serving Customer, plus the cost of removal, all as determined by Company in accordance w1th its standard accounting practices; pr.ovided however, that the termination charge shall not be less than zero. Customers who terminate prior to the expiration of ll-te initial term or any extension thereof shall also pay to Company a termination charge equal to 90% of the maximum demand set during the term times the number of months remaining in the contract period. Company may Waive a portion or all of the termination charge where (1) a successor Agreement is executed prior to termination of this Agreement, (2) Customer is able to fumish Company with satisfactory evidence that a successor customer will occupy the premises within a reasonable time and execute Agre-ement for substantially the same facilities, or (3) the facilities for serving have been fully depreciated, Minimum termination notice is Two (2) Months after initial term is satisfied.

AGREEMENT The Undersigned hereby makes application for electric service at the above service address and agrees to pay for said service as measured by

Utlllty's meter at the appllcable rate. The Utility shall have the right, but shall not-be obligated, to inspect any installation before service is introduced, or at any later time and reserves the right to reject wiring, or appliances not in accordance wlth the official Code or UtlHty's Standards. Such inspection or failure to inspect or reject shall not be regarded as an insurance against defects in installation, wiring or appliances and shall not render Utility liable onesponsible for any loss or damage, resulting from defects In Installation, wiring or appliances, or from violation of the official Code(s) as might be applicable, or from accidents or occurrences which might occur upon applicant's premises. Initial Term Ends Five {5} Years After Effective. Date.

The applicant, if the owner of the property, grants to the Utility the right to construct, reconstruct, maintain, and repair a service Ilne and have free access to the premises of the applicant for the purpose of installing, inspecting, reading meters and repairing andlor removing property of the Utility when service is disconiinued.

The applicant, if the owner of the property, agrees that aU wiring, meters, and any kind of property placed on the premises by the Utility shall no: constitute a part of the real estate, but shall remain personal property, title to which is retained by the UtilITy.

South Carolina Public Service Commission: This Agreement, Is subject to the Company's uGenera! Terms and Conditions" as approved by the Commission, and to the "Rules and Regulations" of the Commission, as tna foregoing now exist or may be amended in the· manner prescribed by law. This agreement is subject to review by the South Carolina public Service Commission upon complaint by either party, or pursuant to ,its own motion, and the terms herein may be modITled In whole or in p: ,Of declared null and VOid by tile South Carolina Public Service C~Sion

Soutr.,~ Br d' LC / South Caroli t;;Jectri~ & Gas Cd;"~ ___ ~

By ~~ By_~~~~~~~~7~~~~=:~~~;=;; p , v W, Chapman' ~-~/ ~Qi;fEc-l (Print Name): /e/C/1o- 1t 0 Titlt MGR" Commercial Service DateO / "1 ~. ~,(\LD I Title)IJ;1;v. f/t9n-T- Date >1/ A& witness10llda£7Arilt.~ate S~/7-O~L,;§~'Li~y 11

~~~ ~ c:-!c-~'{) / . 1 /\I\lU rOMM wltn~<k"'2, Date vIDI? v , !

'd I IVMiI3/~i Distribution: 1) Origlnal- Customer 2). Copy - Corporate Re-cords 3). Copy ~ C~ntral 4). Copy -- Custo~'trAccountrng-l

f "on-"£["'- Ar''''Iy'''''' I \.1", • Ie _l • '~_.~

Exhibit D

Page 1 of 3

South Carolina Electric & Gas Company BSA/f 9206076GENERAL SERVICE AGREEMENT

Effective Date; June 05, 2006

New Acct. ¹Customer's Legal NameDBA Panera Bread

Old Acct. ¹Southern Bread LLC

Work Request ¹

Service AddressBilling AddressTax ID ¹

2000 Sam Rittenber Boulevard Suite 104 City/State Ch rleston SC126 N. Forest Beach Court City/State Hilton Head Island SC

Ztp 29407-4629Zip 29928-6403

j nr'vl

DEPOSIT REQUIRED." $Satisfied By: Morrey Irrev. Letter Surety BondExisting Service If existing, service Account ¹Other

REASON FOR AGREEMENT: New Customer; Rate Crhangtx X Other;If new Ownership, The Agreement superseces Agreement ¹in the name of DBAOther See attached General Terms & Cond!'fiona ar,d Standard Conditions

Dated

SERVICE INFORMATION:Distribution Voltage 23.9/13.8 kV Service Mlethoc Pad mounted transformercli nvyg GBII20 v ~ 3 pk r vn ~vr c tdPointof Service Seconda terminalsofSCE&G-owned adrnountedtransformerktaximumlnstalledCapacity 1*0 kVA DedjcaiedCapacity 150 kVA

BILLING;Customer will be billed on Rate Schedule 20 Contract Demano 75 kVABuild up period of 6 months beginr:ing witt, effective date.

Special Provisions/Extra Facilities/Explanations: For Undergro:nd sew!ca instal agon, the Comparry own and will maintam the padmountedtransformer, primary cable, primary protective equipment, and rretermg equipment. Customer owns and will maintain the concrete transformer pad and eii

orcu!ts and equipment on toad side of transformer terminals. Customer agrees to keep Iransformer and primary cable unencumbered and accessible toCompany*s maintenance vehicles and to keep transformer protected from vehicular traac.

Tertnination: should customer terminate this Agreement for any reason, either dcring tl a initial term or any extension thereof, unless waived for raasonsherein, Customer shall pay to Company a termination charge equal to the tctal ins'.at!ed zest of faciTities dedicated solely for serv!ng Customer, less anycustomer contribution to consiruction, less accumulated depreciador. of the facilities funded by Compar y, less salvage value of all facihties dedicated solelyfor serving Customer, plus tho cast of removal, all as determined by Companv in accordance with 'ts slandard accounting practlcem provided however, thatthe termination charge shall not be less than zero. Customers vvho terminate prior to rhe expiration of the initial term or any extension thereof shall also pay tocompany a termination charge equal to 90% of the maximum demand sel during the tarot times the number of months remaining irr the confract per',od.Company may waive a portion or all of th" termination charge where (t} a succes or Agreemen'. is executed pnor to termination of tms Agreement, (2)Customer is able to furnish Company with satisfactory evrdence that a successor customs. wiil occupy the premises vdthin a reasonable time and executeAgreement for substantially the same facilities, or (3) the feei!'ties for serving have be r, fully depreciated. Minimum termination notice is Two (2) I'donths afterinlhal term is satisfied.

AGREEMENTThe Undersigned hereby makes application for electnc serdce at the above service address and agrees to pay for said service as measured by

Utility's meter at the applicable rate. The Utility shall have the r ght, but s'nail rmt ba obligated, to in pact any installation before service is introduced or atany later time and reserves the right to reject wiring, or appliances not rn accordance rath the oldie! code or Utility's standards. such inspecson or failure toinspect or reject shall not be regarded as an insurance against de!acts in ins'al!ari n, vvlring o. appliances and shalt not render Utility keble or responsible For

any loss or darrlage, resulting from defects in tnstallation, v'irng or applranms, o'rom viola!!cn of the office! Cods(s) as might be applrcable, or fromaccidents or occurrences which might occur upon applicant's premkes. tnitial Term Ends Five (6;, Years After Effective Date.

The applicant, if the owner of the properiy, gmnts to the IJtrity the rght '.o ronstruct, reconstruct, mamtam, and repair a service line and have freeaccess to the premises of the applicant for the purpose of instatling, inspect!ng eading vr ters and repairing and/or removing property of the Ul!Ilty whenservice is discontinued.

The applicant, if the owner of the property, agrees that a!I wiring, meters, and any k!nd of property placed on the premises by the Utihty shall no;constitute a part of the real estate, but shall remain personal property, dtle to wh'ur ls mtained by the Utility.

South Carokna Public Service Commission: This Agreerr ent, 's subject lo the Company's "General Terms and Conditions*'s approved by theCommission, and to tha "Rules and Regulations" of the Commimion, as the foregoing rmvr exist rx may be amended in lbs.manner prescribed by lave. Thisagreement is subject to review by the South Carolina public Service Commisso- pon o m !ant by either party, or pursuant to its own motion, and the termshere oath Ca.d!na Public Service Comrrripsion

So

By

(Prl

Title +2F ~ / ~/Witn

Date S )

Date 9 6

f2!''tjy MGP., Commercra

Witnes

a!vice Dated—:r,

A

~ates /+DL;.I!BALITYArpj™ FOR!M!

Distribubon: . Ongmal - Customer 2). Copy — Corpo;are Records 2}, Cony — Central 4). Copy — Custo

0 Page 2 of 3

STANDARD CONDITIONS

Supply and Use: Company agrees to sell and Customer agrees to buy from Company all purchased electric energy, capacity, related tTansmission services and any related distribution services required by Customer for use on its premises covered hereunder, Resale by Customer of energy, capacity, related transmission or related distribution services is not permitted.

Creditworthiness: Company, in order to satisfy itself of the ability ofthe Customer to meet its obligations under the contract may conduct periodic reasonable credit reviews in accordance with standard commercial practices. Customer agrees to assist in these reviews by providing financial information and at the request of the Company, will maintain such credit support or surety including but not limited to, an unconditional and irrevocable letter of credit to provide adequate security for protection against the riskof nonpayment.

Service Application, Deposit and Release: Prior to receiving service, Customer or its Agent must: (a) Ensure that an application for service is made to Company, either in person at one of Company's commercial offices or t!nough the Company representntive coordinating the service arrangements; (b) Post a service deposit with Company (as determined by Company in accordance with S.c. Public Service Commission regulations), unless waived by Company in favor of other satisfactory assurance for payment of bills; and (c) Ensure that any inspections required by governmental authorities having jurisdiclion are completed and notice thereof is given to the Company.

Commencement of New Service: Company and Customer shall make every reasonable effort to have their respective facilities ready for service by the Serviee Date stated on Page J. If conditions sbould cbange, the affected party shall immediately notify the other. (Bold Print terms reference the corresponding completed blanks on Page 1.)

Assignment: Neither Party shall assign this Agreement or its rights hereunder without the prior written consent of the other Party, which consent may be withheJd in the exercise of its sale discretion; provided, however, either Party may, without the consent of the other Party (and without relieving itself from liability hereunder), (i) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof ill connection with any financing or other financial arrangements, (ii) transfer or assign this Agreement to an affiliate of such Party which affiliate's creditworthiness is eqnal to or higher than that of such Party, or (iii) transfer or assign this Agreement to any person or entity sncceeding to all or substantially all of the assets whose creditworthiness is equal to or higher than that of such Party; provided, however, that in each such case, any such assignee shall agree in writing to be bound by the terns and conditions hereof and so long as the transferring Party delivers such tax and enforceability assurance as the non-transferring Party may reasonably request

Term: This Contract shall commence on the Effective Date (the date on which this contract is fully executed) and shall continue for the full Initial Term, unless an early termination is mntually agreed upon. Thereafter, it will extend automatically until tenninated by either party giving the other a \vritten Minimum 'Termination NDtice. Billing for service rendered hereunder shall commence on the Service Date (the date customer contracts for service under the tariff applicable to this contract) or the date that service is first made available, whichever is later, or in accordance with terms stated under Special Provisions.

Termination: Should Customer terminate this contract and disconnect service for any reason, either during the initial term or any extension thereof unless waived as provided for herein, Customer shall pay to the Company a facilities termination charge equal to Ca) the total installed cost of facilities dedicated solely for serving Customer, (b) less any Customer contribution to construction, (c) less accumulated depreciation of the facilities funded by Company, (d) less salvage value of all facilities dedicated solely for serving Customer, (e) plus the cost of removal (including any associated enviromnental investigation/remediation costs related to a spill or release of hazardous substances caused by Customer or those paid or incurred by the Company which were not the result of negligence on the part of the Co y), all as determined by Company in accordance with its standard accounting practices; provided, however, that the terrnina .

Approval Initials {For SCE&G Company

2

Exhibit D

Page 2 of 3

STANDARD COhlUITIQh)S

Supply and Use: Company agrees to sell and Customer agrees to buy from Company all purchased electric energy, capacity,related traiismission services and any related distnbuuon servrices required. b'r Customer for use ou its prermses coveredhereunder, Resale by Customer of energy, capacity, related tzanemission oz related distribution services is not permitted.

Creditworthiness; Company, in order to sahsfy itself of the abil:ty of the Customer to meet its obligations under the contractmay conduct periodic reasonable credit reviews in accozcance vrifh standard commercial pracuces. Customer agrees to assistin these revieivs by pzovidmg financial information and at dze zeouest of the Company, will maintam such credit support orsurety mcluding but not limited to, an unconditionidi and irrevocable le'.ter of credit to provide adequate security for protectionagainst the rislc of nonpayment.

Service Application, Deposit and Release: Prior to zeceiiring service, Customer or its Agent must: (a) Ensure that anapplication for serzrice is made to Company, eithe." m person at one of Company's commercial offices or through the Companyrepresentative coordinating the service arrangements; (b) Post a advice deposit with Company (as determined by Company inaccordance with S.C. Public Service Commission regulations), unless xzaived by Company in favor of othez satisfactoryassurance for payment of bills; and (c) Ensure that any inspemions requited by govemrnental authorities having jmzsdichonare completed and notice thereof is given to the Compar&t

Commencement of New Service; Company and. Customer shall make evezy reasonable effort to have their respectivefacihties ready for service by the Service Date stated on Page 1. If coz ditions should change, the affected party shallimmediately notify the other. (Bold Print terms refer rice the correzpoodlzzg ccozpleted blanks on Page 1,)

Assignment: Neither Party shall assign this Agreement o." its rights hereunder without the prioz written consent of the otherParty, which consent may be withheld in the exercise of:ts sole d;aeration., provided, however, either Party may, without dze

consent of the other Party (and without reheving itself &om liabi!ity hereunder), (i) transfer, sell, pledge, encumber or a signthis Agreement or the accounts, revenues or proceeds hereof in connection w'th sry financing or other financial arrangements,(ii) transfer or a-sign this Agreement to au affiliate of such Patty which affzlia '. creditworthiness is equal to or higher thanthat of such Pazty, oz (iii) transfer or assign this Agreemenz to any person oz eritity succeeding to all or subsiantially all of theassets whose creditworthiness is equal to or higher than that of such Party; provided, howevez, that in each such case, any suchassignee shall agree in writing to be bound by the terna and conditions hereof and so long as the transferring Party deliverssuch tax and enforceability assuranoe as the non-transferring Party may zeasonably request.

Term: This Contract shall corrunence on th- Effective Date (the date on which tins contract is fully executed) and shallcontinue for the full Initial Term, unless an early zezmmation is zrutually agreed upon. Thereafter, it will extendautomatically until term nated by either party gizring the other a vrritten lilinimam Termination Notiice. Billing for servicerendered hereunder shall commence on the Service Date (the date customer contracts for service under the tatzff app'hcable tothis contract) or the date that service is first made available, whichever is later, oz in accordance with terms stated underSpecial Provisions.

Termination: Should Customer terminate this contract ar.d d'seer neet service for any reason, either during the initial term orany extension thereof unless waived as provided for herehh Customer she 1 pay to the Company a facilities termination chargeequal to (a) the total installed cost of facilities dedicatec. solely for searin Customer, (b) less any Customer contribution toconstzuction, (c) less accumulated depreciation ot the facilihes funded by Company, (d) less salvage value of all facilitiesdedicated solely for serving Customer, (e) plus tne cost of removal (including any associated environmentalinvestigation/remediation costs related to a spill oz release of h~zdous substances caused by Customer or those paid orincuzred by the Company which were not the res*.dt ofneghgence en the pa& of th C ) 11 d terzuned. by Companyin accordance with its standard. accounting pzact'ces; provided, hovrever, that the

Approval Initialsz zF z Customer /Por SCAG Company

any extension thereof may also be required to pay to Company a demand termination charge equal to 90% of the maximum demand set during the term times the demand rate in effect at the time of termination times the manber of months remaining in the contract period. Company may waive a portion or all of the termination charges where (1) a successor contract is executed prior to termination of this Contract, or (2) Customer is able to furnish Company with satisfactory evidence that a successor customer will occupy the premises within a reasonable time and contract for substantially the same service facilities. If deregulation should occur during the term of this contract, the above demand termination charge, after deregulation, will be determined by appropriate governing authorities rules at that time. The temrination charges above shall not preclude additional termination charges approved by the SCPSC or imposed by law.

Impaired Service: Customer shall be responsible for installing and maintaining on its system such protective equipment as necessary for protecting its equipment from single phase conditions, momentary interruptions or voltage fluctuations arising from conditions on its systein or from Company's supply lines. Customer shall not operate its equipment of such nature and in such manner as to impose voltage flicker, surges, or harmonics on Company's system that adversely affects the Company's system or its service to other Customers. Adverse conditions verifiable as of Customer origin shall be corrected promptly by Customer or upon Notice Company may discontinue service until the conditions are corrected. Customer agrees to keep Conlpany equipment llllencumbered and accessibJe at all times.

Load Increase: If Customer contemplates a load increase, which may exceed the Maximum Capacity stated on Page 1, Customer shall give Company written notice' of planned increase, with sufficient lead-time for Company to enlarge its facilities. In such cases this Contract may be amended by mutual consent of the parties to reflect any changes in the service characteristics, applicable charges or conditions of service.

Facility Relocation: Should Customer request Company to relocate any of its facilities, or take any action, which will require Company to relocate its facilities, Customer, shall reimburse Company for the costs incurred.

Hold Harmless: Company and Customer do respectively assume full responsibility for the maintenance and operatiou of the facilities owned andlor operated by each, and each shall indemnify and except as hereafter limited, shall hold the other hannless from any loss resulting from bodily injury (including death) or damage of property arising directly or indirectly out of any negligent or willful act or failure to act on the indemnitor's part in the installation, maintenance, operation, replacement andlor removal of the facilities owned and operated by each. Neither party shall be liable to the other in any event; whether in contract, tort or otherwise, for any loss of revenue, profits, use of production, costs of capital or purchased or replacement power, interest, bnsiness interruption, claims of customers or any other incidental, indirect or consequential damage8 of any nature whatsoever. Customer(s) aclmowledge(s) the presence of overhead andlor underground power lines and understands that contact with them could cause serious injury or death.

South Carolina Public Service Commission: This Contract, the Billing Rate referenced on Page 1, and all services rendered hereunder, are subject to the Company's "General Terms and Conditions" as approved by the Commission, and to the "Rules and Regulations" of the Commission, as the foregoing now exist or may be amended in the manner prescribed by law. The biUing Rate and General Terms and Conditions are attached and made a part hereof; Rules and Regulations are made apart by reference and are available upon request. This contract is specifically intended to suniv eregulation or retail access.

Approval Initials ---it!??o.<--::--=----For Customer

3

For SCE&GCompany

Exhibit D

Page 3 of 3charge shall not be less than zero. Customers who tenrdnate pnor to the expiration of the initial term or any extension thereofmay also be required to pay to Company a demand termmatioi. charge ecual to 90% of thc maximum demand set during theterm times the demand rate in effect at the time of tenrnnation times the number of months remaining in the contract penod.Company may waive a portion or all of the terminaflon charges w'.iere il) a successor contract is executed prior to iermmanonof this Contract, or (2) Customer is able to furnisa Company vdth satisfactory evidence that a successor customer will occupythe premises within a reasonable time and contract for suostantia'.Iy the same service facilities. If deregulation should occurduring the term of this contract, the above demand terminaflon charge, after deregulation, vrill be determined by appropriategoverning authorities rules at that time. The terinination charges above shall not preclude additional terminabon chargesapproved by the SCPSC or imposed by law,

Impaired Service: Customer shall be responsible for mstall ng encl maintaining on its system such protective equipment asnecessary for protecting its equipment I'iom single phase conditions, momentary interruptions or voltage fluctuations arisingfrom conditions on its system or from Company's supply lines. Customer shall not operate its equipment of such nature and msuch manner as to impose voltage flicker, surges, or hanronics on Company's system that adversely affects the Company'ssystem or its service to other Customers. Adverse condiflons -;erifiahle as of Customer orion shall be corrected promptly byCustomer or upon Notice Company may discortmue service unul the conditions are corrected. Customer agrees to keepCompany equipment unencumbered and accessible at afl times.

Load Increase: If Customer contemplates a load increase, which may exceed. the Maximum Capacity stated on Page 1,

Customer shall give Company written notice of p'anued irccrease, saith sufficient lead-time for Company to enlarge itsfaciliiies. In such cases tlus Contract may be ar.'.ended by mutual consent of the parties to reflect any changes m the servicecharacteristics, applicable charges or condiflons of servdce.

Facility Relocation: Should Customer request Compary to relocate ary of its facilities, or take any action, which will requireCompany to relocate its facilities, Customer, shall reimburse Company for the costs mcurred.

Bold Harmless: Company and Customer do respectiveIy assume fufl responsibility for the maintenance and operation of thefacilities owned and/or operated by each, and each shall indemnify and except as hereafter limited, shall hold the otherharmless from any loss resulting fl'om bodily injury (meluding death) or damage of property arising rlirectly or indnectly outof any negligent or willful act or failure to act on th indenmitor's part in the installation, maintenance, operation, replacementand/or removal of the facilities owned and operated by eaD. Neither party shall be liable to the other in any event, whether mcontract, tort or otherwise, for any loss of revenue, proflts, use of production, costs of capital or purchased or replacementpower, interest, business interruption, claims of customers or any other incidental, indirect or consequential damages of anynabne whatsoever, Customer(s) acknowledge(s) tbe presence of ove head and/cr underground power lines and understandsthat contact with them could cause serious injury 'or neath.

South Carolina Public Service Commission: This Contrac"., the IIiliing Rate referenced on Page 1, and all services renderedhereunder, are subject to the Company's "Gener&1 Terms and Conditions" as approved by the Commission, and to the "Rulesand Regulations" of the Commission, as the foregoing now exist or m-y be amended in the manner prescribed by law Thebilling Rate and General Terms and Conditions are attached and made a part hereof; Rules and Regulabons are made a part byreference and are available upon request. This connect s specificafly irtended ail access.

Approval InitialsFor Customer For SCE/kG Company


SOUTH CAROLINA



ComplainantlPetitioner, ) )

v. ) )

South Carolina Electric & Gas Company, ) )

Defendant/Respondent ) )

VERIFICATION

Personally appeared before me Marsha H. Klatt who, having first been duly sworn,

deposes and states as follows:

I. My name is Marsha H. Klatt and I am a Senior Analyst for South Carolina

Electric & Gas Company ("SCE&G" or "Company"). Among other things, I am responsible for

the investigation of customer complaints received through the South Carolina Office of

Regulatory Staff as well as customer complaints filed with the Public Service Commission of

South Carolina ("Commission") requesting a hearing before the Commission. I am competent to

make this verification.

2. This verification is based upon my personal knowledge and review of documents

received and maintained in the ordinary course of business by SCE&G. I am familiar with the

records of SCE&G that pertain to Southern Bread, LLC ("Southern Bread") and have personally

worked on the documents and records concerning Southern Bread.

BEFORE

THE PIJBLIC SERVICE COMMISSION OF

SOI. TH CAROLINA


IN RE: Southern Bread, LLC,)

Complainant/Petitioner,

V. )

South Carolina Electric k. Gas Company,

Defendant/Respondent )

VERIFICATION

Personally appeared before me Marsha H. Klatt who, having first been duly sworn,

deposes and states as follows:

l. My name is Marsha H. Klatt and I am a Senior Analyst for South Carolina

Electric & Gas Company ("SCEkG" or "Company"). Among other things, I am responsible for

the investigation of customer complaints received through the South Carolina Office of

Regulatory Staff as well as customer complaints filed with the Public Service Commission of

South Carolina ("Commission"} requesting a hearing before the Commission. I am competent to

make this verification.

2. This verification is based upon my personal knowledge and review of documents

received and maintained in the ordinary course of business by SCAG. I am familiar with the

records of SCEkG that pertain to Southern Bread, LLC ("Southern Bread") and have personally

worked on the documents and records concerning Southern Bread.

ca I ?2Cl I UlI"T-

FURTHER AFFIANT SA YETH NOT.

Marsha H. Klatt

2

3. I assisted SCE&G's attorney in preparing the Company's Answer and Motion to

Dismiss dated January 3, 2014. The Company's Ansver and Motion to Dismiss was filed in

response to the Complaint of Southern Bread, which was filed with the Commission on or about

November 26, 2013. I have read the Ansv,er and Motion to Dismiss and verify that the facts

stated within the Answer and Motion to Dismiss are true and accurate to best of my knowledge,

information, and belief, except as to those matters stated on information and belief and on those

matters I believe them to be true to the best ofmy knowledge, information, and belief.

FL'RTHER AFFlANT SAYETH NOT.

arsha H. Kla

Sworn to and subscribed before methis 3" day of January, 2014

DOCKETING INFORMATION Q - South Carolina

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