If you were a direct residential or business retail customer of the South Carolina Public Service Authority (“Santee Cooper”) at any time between November 1, 2009 and February 28, 2021, a class action lawsuit may affect your rights. In the lawsuit the Plaintiff alleges that direct residential and business retail customers of Santee Cooper paid increased and improper utility rates in connection with the cancelled construction of coal-fired generation facilities at the Pee Dee Energy Campus (the “Pee Dee Project”). Santee Cooper denies any wrongdoing but has agreed to settle. The Class Action Settlement resolves all claims in the lawsuit.
Who is Included? All direct residential and business retail customers who received power and energy from Santee Cooper and who had Accounts with Santee Cooper at any time between November 1, 2009 and February 28, 2021 are part of the Settlement Class and included in the lawsuit. If you think you are a Settlement Class member and you did not receive the court authorized Notice call 1-800-283-0976 or email info@rg2claims.com.
What Does the Settlement Provide? Pursuant to the proposed Settlement, in exchange for dismissal of this action and release of claims known and unknown against Santee Cooper, Santee Cooper will pay twelve million five hundred thousand dollars ($12,500,000.00) in cash (the “Settlement Benefit”). Distributions from the Settlement Benefit will be made to Class Members after deducting (1) attorneys’ fees and litigation expenses approved by the Court; (2) certain administrative and tax expenses; and (3) an incentive award to the Representative Plaintiff approved by the Court. All Class Members are entitled to receive a minimum payment or billing credit of $5.00, and the remaining Settlement Benefit will be allocated in proportion to the amount the Class Member is estimated to have paid toward the Pee Dee Project. Distributions will be made by check to former customers and to current customers who will receive $200 or more, and distributions will be made by bill credit to current customers who will receive less than $200. The Settlement is subject to Court approval. The Court will hold a hearing regarding final approval on October 7, 2021. Distributions will be made only if and after the Court approves the Settlement.
What Are Your Options? You have the following options:
Stay in the class: You may qualify for a billing credit or payment if the settlement is approved. You do not have to take any action to receive this benefit.
Exclude yourself: You may exclude yourself or “opt out” of the Class by September 20, 2021. If you opt out, you will not receive a billing credit or payment, and your right to bring your own lawsuit related to the same subject matter will not be affected by the Settlement. The Request for Exclusion Form is available under the Notice and Forms tab for your convenience.
Go to a hearing: If you do not opt out, you may ask to speak in Court about the fairness of the settlement.
Object: If you do not opt out, you may submit a written objection, informing the Court if you do not like the Settlement and explaining why, your objection must be submitted by September 20, 2021.
To understand your options and how your rights will be affected, as well as the deadlines for action on your part, please read all of the Notice of Proposed Class Action Settlement.
Final Hearing and Judgment. A hearing in this case will be held on October 7, 2021, at 2:00 p.m., at the Dorchester County Courthouse in St. George, SC, or via videoconferencing means that comply with South Carolina Courts’ Standing Order regarding COVID-19, to consider whether to approve the Settlement. You may appear at the hearing, but you do not have to. Please continue to check this website for updates regarding this case and the Final Hearing and Judgement.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY THE PROPOSED SETTLEMENT. These rights and options — and the deadlines to exercise them — are explained further in the Notice of Proposed Class Action Settlement and the Settlement Agreement.