A Public Service Commissioner’s emails are under legal review.

Commissioner Tom Ervin corresponded privately with environmentalists about a solar energy case that is pending before the PSC.

Under law, commissioners cannot talk with those involved in a pending case unless all sides are present.

The Public Service Commission decides rates and regulates SC utilities.

The state Public Utilities Review Committee voted unanimously to ask Attorney General Alan Wilson to look into the legality of Ervin’s email to the Conservation Voters of South Carolina.

Wilson’s spokesman Robert Kittle said “the matter is under review.”

Kittle said that “in most cases, we ask SLED to investigate and report back to us. But there are cases where we can review the facts and circumstances and determine that no further action is warranted.

“In this case, we’ll review what the Public Utilities Review Committee sends us and then make a determination whether to proceed further by asking SLED to investigate,” he said.

Sen. Dick Harpootlian who represents the Irmo area in the Senate, told The State newspaper he didn’t agree with the PSC’s solar ruling, but it doesn’t appear Ervin did anything wrong.

The rules apply to the parties involved, he said.

“If the House and Senate want to start real ethics investigations, they need to look no further than the House and the Senate.’’

Ervin, who once challenged Nikki Haley for the GOP governor nomination, wrote Conservation Voters Deputy Director Rebecca Haynes to explain the commission’s decision on a dispute between utilities and solar energy backers.

The PSC ruled how much Duke Energy and Dominion Energy must pay solar developers for power they sell to them and the length of contracts with them.

Conservation Voters and others called the ruling unfavorable to them and asked the PSC to reconsider.

Ervin voted in favor of the rates and contract limits.

Ervin replied to the Conservation Voters’ mass email to about 20,000 people.

The email to Ervin was addressed to “Tom.’’

In reply, Ervin said the PSC didn’t slash rates as conservationists charged and tried to be fair.

The group reported Ervin’s reply to the PURC.

Ervin said he did not intend to violate the law and has offered to recuse himself if either side is uncomfortable that he replied to what appeared to be a personal email to him.

Conservation Voters director John Tynan said his group reported Ervin’s reply as required by law.

PURC member Bill Sandi-fer said he was concerned.

“Commissioner Ervin is an attorney and retired circuit court judge,’’ he said. “He should definitely know .... the rules of judicial conduct.

“This email ... brings into question his impartiality.

“If he is determined to be guilty of such an infraction, it would be appropriate at that time to ask for his resignation,’’ Sandifer said.