A Lexington state regulator will be allowed to serve after his term expires.

On their last day, lawmakers agreed in an unrecorded voice vote to try again to fill three Public Service Commission seats. Lawmakers are to return May 23 to work on differences between the House and Senate on the SCE&G rates, Rep. Chip Huggins of Irmo said.

The vote will allow commissioner Elliot Elam, Jr. to stay on after his term ends.

That means he will have a chance to decide on what to do about SC Electric & Gas continuing to charge its 700,000 ratepayers $34 million a month for a nuclear project it has abandoned.

In 4 years as a regulator, Elam has voted for SCE&G rate hikes, including one this month to give SCE&G another $6 million a year for fuel and other costs.

Elam is an attorney who represented utility ratepayers before state and federal regulators and courts.

Lawmakers overwhelmingly elected a former legislator Thomas Ervin to a four-year term on the seven-member PSC, Rick Brundrette of the SC Policy Council reported.

Commissioners make $107,822 a year. The chairman receives $109,726.