THE PLACE WHERE FILED RATES ARE SET AND DOCTRINES BEGIN.

In Duke Energy Carolinas, LLC v. South Carolina Office of Reg. Staff, 864 S.E.2d 873, 884-88 (S.C. October 27, 2021), the Supreme Court of South Carolina upheld a state administrative agency's determination that Duke could not include certain costs in its filed rates.  The costs at issue were Duke's costs of complying with laws passed in the wake of the notorious coal ash spills in North Carolina.

          This case turned on the fact that the source of approved filed rates is the administrative agency if any that is authorized to approve them.  In the case of insurance rates, that is a state administrative agency if any administrative agency is authorized to approve filed insurance rates.

          This decision shows yet again that the authorized administrative agency is clearly the place where filed rates are set and so it is the place where filed rate doctrines begin.

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