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10-K - SCANA Corporation

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Table of Contents<br />

Litigation<br />

In May 2004, a purported class action lawsuit currently styled as Douglas E. Gressette and Mark Rudd, individually and on<br />

behalf of other persons similarly situated v. South Carolina Electric & Gas Company and <strong>SCANA</strong> Communications, Inc. was filed in<br />

South Carolina’s Circuit Court of Common Pleas for the Ninth Judicial Circuit. The plaintiffs alleged that SCE&G made improper use<br />

of certain electric transmission easements and rights-of-way by allowing fiber optic communication lines and/or wireless<br />

communication equipment to transmit communications other than SCE&G’s electricity-related internal communications and asserted<br />

causes of action for unjust enrichment, trespass, injunction and declaratory judgment. While SCE&G and SCI believe their actions<br />

were consistent with governing law and the applicable documents granting easements and rights-of-way, this case, with Circuit Court<br />

approval in August 20<strong>10</strong>, has been settled as to all easements and rights of ways currently containing fiber optic communications lines<br />

in South Carolina. This settlement did not have a material impact on the Company’s results of operations, cash flows or financial<br />

condition.<br />

<strong>SCANA</strong> and SCE&G are also engaged in various other claims and litigation incidental to their business operations which<br />

management anticipates will be resolved without a material impact on their respective results of operations, cash flows or financial<br />

condition.<br />

ITEM 4. MINE SAFETY DISCLOSURES<br />

Not Applicable<br />

25

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