South Carolina Public Service Authority

Material Facts

• The contract at issue reflects the settlement of a potential claim the Authority had against the government arising from the government’s decision to reduce water discharges affecting the Authority’s power generation.
• The St. Stephen plant was constructed to provide additional power to the Authority as compensation for the loss of water and energy.
• The contract was negotiated over several years and executed in December 1976.
• The contract included provisions for annual cash settlements reflecting the net value of credits to be paid by the parties.
• The Authority continued to receive benefits from the additional capacity provided by the St. Stephen plant as recently as May 2017.

Parties

Appellant

South Carolina Public Service Authority

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

DACW60-77-C-0005