A circuit judge’s ruling may leave SC Electric & Gas to pay for its nuclear debt.

Judge John C. Hayes III appears to be nearing a ruling that the controversial Base Load Review Act violates the state Constitution.

“Such a ruling would potentially void all spending by SCE&G on the failed nuclear project,” said Tom Clements of the Friends of the Earth. His group and many others are suing SEC&G to recover $2 billion it charged its 727,000 ratepayers.

The judge’s ruling may include collecting ratepayer money and justify a huge rebate to its ratepayers.

“As SCE&G does not have the cash at hand, all of a sudden they and Dominion (Energy) may be forced to be more open to bargaining.” Clements said.

In an announcement this week, SCE&G’s owners, Lexington County-based SCANA holding company said Judge Hayes told lawyers to submit proposals that include language saying the BLRA violates the due process provisions of the Constitution.

Frank Knapp of the Stop the Blank Check Coalition told the Chronicle it is not clear what impact Judge Hayes’ ruling would have on the Nov. 1 PSC hearing.

“That hearing is mandated by the legislature and will primarily address permanent SCE&G electric rates ... regardless of whether the BLRA is Constitutional,” he said.

“However, such a ruling would throw in another dynamic into a complicated issue for the PSC to consider.”