reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2050. Depositions.

The Office of Regulatory Staff or any party to the proceedings may, in any hearing before the commission, cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by law for taking depositions in civil actions in the courts of this State.
HISTORY: 1962 Code Section 24-145; 1952 Code Section 24-145; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 211, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2060. Self-incrimination; immunity from prosecution.

No person is excused from testifying or from producing any book, document, paper, or account in any hearing before the commission, when ordered to do so, upon the ground that the testimony or evidence, book, document, paper, or account required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any forfeiture or penalty for or on account of any act, transaction, matter, or thing concerning which he shall have been compelled under oath to testify or produce documentary evidence. But no person so testifying is exempt from prosecution or punishment for any perjury committed by him in his testimony.
HISTORY: 1962 Code Section 24-146; 1952 Code Section 24-146; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 212, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2070. Copies of official documents and orders as evidence.

Copies of official documents and orders filed or deposited according to law in the office of the commission or the Office of Regulatory Staff, certified by a commissioner or by the clerk of the commission under its official seal or the executive director of the Office of Regulatory Staff to be true copies of the original, shall be evidence in like manner as the originals in all matters before the commission and in the courts of this State. The commission and the Office of Regulatory Staff may prescribe reasonable charges to be paid for furnishing authenticated copies of such documents and orders.
HISTORY: 1962 Code Section 24-147; 1952 Code Section 24-147; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 213, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2080. Compensation of witnesses.

Witnesses who are summoned before the Commission shall be paid by the party or parties at whose instance they are summoned the same fees and mileage as are paid to witnesses in the courts of common pleas of this State, and witnesses whose depositions are taken pursuant to the provisions of this chapter and the officer taking the same shall be entitled to be paid by the party or parties at whose instance the deposition is taken the same fees as are paid for like services in the courts of common pleas of this State.
HISTORY: 1962 Code Section 24-148; 1952 Code Section 24-148; 1942 Code Section 8555-5; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2090. Charges by affiliated interests.

When, in the judgment of the commission, there is a reasonably substantial affiliation of any electrical utility engaged in business in this State with any other corporation or person or when, in the judgment of the commission, any other corporation or person either exercises or is in position to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial control over the business or policies of any electrical utility engaged in business in this State, the burden of proof shall be upon the electrical utility to establish as determined by the commission the reasonableness, fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any transactions between any electrical utility and such other corporation or person (a) in relation to supervision, management, construction, or engineering, services or contract, (b) for the sale of material, supplies, equipment, or other commodities, or (c) for any other purpose. Every electrical utility shall be required to produce, if so ordered by the commission in a pending proceeding, for the information of the commission and the other parties all such contracts, papers, and documents relating thereto and explanatory thereof as may be required by the commission, and unless the reasonableness, fairness, and absence of injurious effect upon the public interest of such fees and charges are established as determined by the commission, the same shall not be allowed by the commission for rate-making purposes.
The commission shall not allow for rate-making purposes any fees or expenses included in any contract or agreement with an affiliate representing charges that the commission has directly disallowed in its rate-making orders.
HISTORY: 1962 Code Section 24-149; 1952 Code Section 24-149; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 1983 Act No. 138 Section 16, eff June 15, 1983; 2006 Act No. 318, Section 214, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2100. Findings and orders of Commission.

After the conclusion of a hearing the Commission shall make and file its findings and order with its opinion, if any. Its findings shall be in sufficient detail to enable the court on review to determine the controverted questions presented by the proceeding and whether proper weight was given to the evidence.
HISTORY: 1962 Code Section 24-150; 1952 Code Section 24-150; 1942 Code Section 8555-5; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2110. Service of orders on parties.

A copy of such order, certified under the seal of the Commission, shall be served either personally or by registered mail upon the person, corporation or electrical utility against whom it runs, or his or its attorney, and notice thereof shall be given either personally or by registered mail to the other parties to the proceedings or their attorneys.
HISTORY: 1962 Code Section 24-151; 1952 Code Section 24-151; 1942 Code Section 8555-5; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2120. Effective date of orders.

The order shall take effect and become operative twenty days after the service thereof, unless otherwise provided, and shall continue in force either for a period which may be designated therein or until changed or revoked by the Commission. If an order cannot, in the judgment of the Commission, be complied with within twenty days, the Commission may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order and may, on application and for good cause shown, extend the time for compliance fixed in its order.
HISTORY: 1962 Code Section 24-152; 1952 Code Section 24-152; 1942 Code Section 8555-5; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2130. Rescission or amendment of orders or decisions.

The commission may at any time, except in those cases provided for in Section 58-27-2150, after notice and after opportunity to be heard as provided in the case of petitions, rescind or amend any order or decision made by it. Any order rescinding or amending a prior order or decision, after notice thereof, either personal or by registered mail, has been given to the electrical utility affected and to the other parties to the proceedings, shall have the same effect as is herein provided for original orders or decisions, but no such order shall affect the legality or validity of any acts done pursuant to the original order before service of notice of such change.
HISTORY: 1962 Code Section 24-153; 1952 Code Section 24-153; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 215, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2140. Records of proceedings shall be kept.

A full and complete record shall be kept of all proceedings had before the Commission or any commissioner on any formal hearing, and all testimony shall be taken down by a reporter appointed by the Commission.
HISTORY: 1962 Code Section 24-154; 1952 Code Section 24-154; 1942 Code Section 8555-5; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2150. Rehearings.

After an order or decision has been made by the Commission any party to the proceedings may within ten days after service of notice of the entry of the order or decision apply for a rehearing in respect to any matter determined in such proceedings and specified in the application for rehearing, and the Commission may, in case it appears to be proper, grant and hold such rehearing. The Commission shall either grant or refuse an application for rehearing within twenty days, and a failure by the Commission to act upon such application within that period shall be deemed a refusal thereof. If the application be granted the Commission's order shall be deemed vacated, and the Commission shall enter a new order after the rehearing has been concluded.
HISTORY: 1962 Code Section 24-155; 1952 Code Section 24-155; 1942 Code Section 8555-5; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2310. Action to vacate order of commission; limitations.

A party in interest dissatisfied with an order of the commission may appeal to the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules. No right of appeal accrues to vacate or set aside, either in whole or in part, an order of the commission, except an order on a rehearing, unless a petition to the commission for a rehearing is filed and refused or considered refused because of the commission's failure to act within twenty days. The commission must not be a party to any action.
HISTORY: 1962 Code Section 24-161; 1952 Code Section 24-161; 1942 Code Section 8555-6; 1932 (37) 1497; 2006 Act No. 318, Section 216, eff May 24, 2006; 2006 Act No. 387, Section 42, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2320. Stay or suspension of Commission's order pending review.

The pendency of proceedings to review shall not of itself stay or suspend the operation of the order of the Commission, but during the pendency of such proceedings the court, upon reasonable notice and after hearing, in its discretion may stay or suspend, either in whole or in part, the operation of the Commission's order on such terms as it deems just and in accordance with the practice of the court. Any party shall have the right to secure from the court in which a review of the order of the Commission is in good faith sought an order suspending or staying the operation of the order of the Commission, pending a review of such order, by adequately securing all persons, corporations and municipalities who will be affected by such suspension or stay against loss due to the delay in the enforcement of the order, in case the order under review is affirmed, the security to be approved and to be in such form and amount as shall be directed by the court granting the stay or suspension.
HISTORY: 1962 Code Section 24-162; 1952 Code Section 24-162; 1942 Code Section 8555-6; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2340. Burden of proof shall be on complainant.

In all actions and proceedings arising under this chapter or growing out of the exercise of the powers herein granted to the Commission the burden of proof shall be on the party attacking any order of the Commission to show that the same is unlawful or unreasonable.
HISTORY: 1962 Code Section 24-164; 1952 Code Section 24-164; 1942 Code Section 8555-6; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2410. General penalty.

Any person or corporation violating any provision of this chapter, other than Section 58-27-1530, or failing, omitting or neglecting to obey, observe or comply with any lawful order of the Commission, or any part or provision thereof, shall be subject to a penalty of not less than one hundred dollars nor more than five thousand dollars for each offense and reasonable expenses including attorney's fees.
HISTORY: 1962 Code Section 24-171; 1952 Code Section 24-171; 1942 Code Section 8555-7; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2420. Every violation shall constitute a separate offense.

Every violation of a provision of this chapter or of any lawful order of the Commission, or any part thereof, by any corporation or person is a separate and distinct offense and in case of a continuing violation each day's continuance thereof shall be deemed to be a separate and distinct offense.
HISTORY: 1962 Code Section 24-172; 1952 Code Section 24-172; 1942 Code Section 8555-7; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2430. Penalties shall be cumulative; suit for one penalty shall not bar another suit.

All penalties accruing under this chapter shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any electrical utility or any officer, director, agent or employee thereof or any other corporation or person.
HISTORY: 1962 Code Section 24-173; 1952 Code Section 24-173; 1942 Code Section 8555-7; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2440. Actions to recover penalties.

Actions to recover penalties under this chapter shall be brought in the name of the State by the Office of Regulatory Staff in any court of competent jurisdiction.
HISTORY: 1962 Code Section 24-174; 1952 Code Section 24-174; 1942 Code Section 8555-7; 1932 (37) 1497; 2006 Act No. 318, Section 218, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2450. Principals responsible for act of agents.

In construing and enforcing the provisions of this chapter relating to penalties the act, omission or failure of any officer, agent or employee of any corporation or person acting within the scope of his official duties or employment shall in every case be deemed to be also the act, omission or failure of such corporation or person.
HISTORY: 1962 Code Section 24-175; 1952 Code Section 24-175; 1942 Code Section 8555-7; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2460. Penalties not applicable to municipality but to officers, agents or employees personally.

The penalties herein prescribed shall not be deemed to apply to municipalities, but the act, omission or failure of an officer, agent or employee of a municipality constituting a violation of this chapter or of any lawful order of the Commission, or any part thereof, although acting for the municipality, shall subject him personally to the penalties herein prescribed.
HISTORY: 1962 Code Section 24-176; 1952 Code Section 24-176; 1942 Code Section 8555-7; 1937 (40) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2510. Definitions.

For purposes of this article:
(1) "Licensed health care provider" means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse.
(2) "Special needs account customer" means the account of a residential customer:
(a) when the customer can furnish to the utility a certificate on a form provided by the utility and signed by a licensed health care provider that states that termination of electric service would be dangerous to the health of the customer or a member of his household at the premises to which electric service is rendered; or
(b) who suffers from Alzheimer's disease or dementia as certified by a licensed health care provider.
HISTORY: 2006 Act No. 313, Section 5, eff June 1, 2006; 2012 Act No. 122, Section 5, eff February 22, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2520. Termination procedures; contents.

(A) Each electrical utility must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. Each electrical utility must submit its procedures to the Office of Regulatory Staff by November 1, 2006. Any subsequent revisions must be submitted semiannually by March first or September first.
(B) The procedures for termination must include the following:
(1) notification procedures so that the customer is made aware of an impending termination and the time within which he must make arrangements for payment prior to termination;
(2) arrangements for a payment arrangement plan to enable a residential customer, who has a satisfactory payment history as determined by the public utility, to pay by installments where the customer is unable to pay the full amount due for electric service;
(3) a procedure to advise customers who are unable to pay the full amount due or who are not approved for a payment arrangement plan that they may contact local social service agencies to determine the availability of public or private assistance with the payment of electric bills;
(4) a schedule of termination that takes into account the availability of the acceptance of payment and the reconnection of service; and
(5) the standards for determining weather conditions marked by extremely cold or hot temperatures.
HISTORY: 2006 Act No. 313, Section 5, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2530. Third-party notification program.

An electrical utility must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric service is scheduled for termination.
HISTORY: 2006 Act No. 313, Section 5, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2540. Disconnection when public safety emergency exists.

Notwithstanding another provision of this article, an electrical utility may disconnect a customer when it is determined that a public safety emergency exists.
HISTORY: 2006 Act No. 313, Section 5, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2550. Promulgation of regulations.

Nothing in the article prohibits the commission from promulgating detailed regulations governing termination of service by an electrical utility so long as the regulations include the termination and third-party notification protections provided by this article.
HISTORY: 2006 Act No. 313, Section 5, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2560. Private right of action; duty of care.

This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article.
HISTORY: 2006 Act No. 313, Section 5, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2600. Definitions.

As used in this article:
(A) "Customer-generator lessee" means the lessee of a renewable electric generation facility which:
(1) generates electricity from a renewable energy resource;
(2) has an electrical generating system with a capacity of:
(a) not more than the lesser of one thousand kilowatts (1,000 kW AC) or one hundred percent of contract demand if a nonresidential customer; or
(b) not more than twenty kilowatts (20 kW AC) if a residential customer;
(3) is located on a premises or residence owned, operated, leased, or otherwise controlled by the customer-generator lessee that is also the premises or residence served by the renewable electric generation facility;
(4) is interconnected and operates in parallel phase and synchronization with the retail electric provider for the premises or residence and has been approved by that retail electric provider;
(5) is intended only to offset part or all of the customer-generator lessee's own retail electrical energy requirements for each respective premises or residence or to enable the customer-generator lessee to obtain a credit for or engage in the sale of energy from the renewable electric generation facility to that customer-generator lessee's retail electric provider or its designee; and
(6) meets all applicable safety, performance, interconnection, and reliability standards established by the commission or the retail electric provider, the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, the federal Energy Regulatory Commission, and any local governing authorities.
(B) "Retail electric provider" means an electrical utility as defined in Section 58-27-10 and also means other entities that provide retail electric service in South Carolina, but excluding electric cooperatives organized under the laws of a state other than South Carolina.
HISTORY: 2014 Act No. 236 (S.1189), Section 4, eff June 2, 2014.
Editor's Note
2014 Act No. 236, Sections 9, 10, provide as follows:
"SECTION 9. If the application of the provisions of this act to any wholesale electrical contract existing on the date of its adoption is determined to impair unlawfully any term of such contract or to add material costs to either party, then that contract will be exempt from the terms of this act to the extent necessary to cure such impairment or to avoid the imposition of additional material costs.
"SECTION 10. Article 23, Chapter 27, Title 58 shall be construed as a whole, and all parts of it are to be read and construed together. If any part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of this article shall be invalidated. Nothing herein shall be construed to affect the parties' right to appeal the matter."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2640. Investigation of claims of violations.

The Office of Regulatory Staff shall have the authority to investigate claims of violations of the provisions of Section 58-27-2610 committed by electrical utilities and lessors of renewable electric generation facilities.
HISTORY: 2014 Act No. 236 (S.1189), Section 4, eff June 2, 2014.
Editor's Note
2014 Act No. 236, Sections 9, 10, provide as follows:
"SECTION 9. If the application of the provisions of this act to any wholesale electrical contract existing on the date of its adoption is determined to impair unlawfully any term of such contract or to add material costs to either party, then that contract will be exempt from the terms of this act to the extent necessary to cure such impairment or to avoid the imposition of additional material costs.
"SECTION 10. Article 23, Chapter 27, Title 58 shall be construed as a whole, and all parts of it are to be read and construed together. If any part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of this article shall be invalidated. Nothing herein shall be construed to affect the parties' right to appeal the matter."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2650. Section 58-27-2610 contingently effective.

Section 58-27-2610 shall not become effective until the commission has approved net energy metering rates referenced in Chapter 40, Title 58 for all investor-owned electrical utilities serving more than one hundred thousand retail customer accounts in South Carolina.
HISTORY: 2014 Act No. 236 (S.1189), Section 4, eff June 2, 2014.
Editor's Note
2014 Act No. 236, Sections 9, 10, provide as follows:
"SECTION 9. If the application of the provisions of this act to any wholesale electrical contract existing on the date of its adoption is determined to impair unlawfully any term of such contract or to add material costs to either party, then that contract will be exempt from the terms of this act to the extent necessary to cure such impairment or to avoid the imposition of additional material costs.
"SECTION 10. Article 23, Chapter 27, Title 58 shall be construed as a whole, and all parts of it are to be read and construed together. If any part of this article shall be adjudged by any court of competent jurisdiction to be invalid, the remainder of this article shall be invalidated. Nothing herein shall be construed to affect the parties' right to appeal the matter."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-2660. Development of consumer protection regulations.

(A)(1) The Office of Regulatory Staff and the Department of Consumer Affairs are directed to develop consumer protection regulations regarding the sale or lease of renewable energy generation facilities pursuant to the distributed energy resource program in Chapter 40 of this title. These regulations shall provide for the appropriate disclosure provided by sellers and lessors. Sellers must comply with Title 37. Nothing herein alters existing protections afforded by Title 37.
(2) To fulfill the duties and responsibilities provided for in this section, the Office of Regulatory Staff shall develop a formal complaint process as part of the consumer protection regulations.
(B) The Office of Regulatory Staff is authorized to enforce any applicable consumer protection provision set forth in this title by:
(1) conducting an investigation into an alleged violation;
(2) issuing a cease and desist order against a further violation;
(3) imposing an administrative fine not to exceed two thousand five hundred dollars per violation on a solar company that materially fails to comply with the consumer protection requirements; and
(4) voiding the agreement if necessary to remedy the violation or violations.
HISTORY: 2019 Act No. 62 (H.3659), Section 11, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-10. Creation of South Carolina Public Service Authority; offices.

There is hereby created a body corporate and politic to be known as the South Carolina Public Service Authority (herein called the "Public Service Authority"), with a principal office in the town of Moncks Corner near the Santee-Cooper power dam and navigation locks in Berkeley County, and with such branch offices in the State of South Carolina as the directors may determine.
HISTORY: 1962 Code Section 59-1; 1952 Code Section 59-1; 1942 Code Section 8555-11; 1934 (38) 1507; 1944 (43) 1430.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-50. Right to and procedure for acquisition of property by Authority.

The Public Service Authority may acquire by purchase, gift, condemnation, or in any other manner, any lands, waters, water rights, riparian rights, flowage rights, easements, licenses, franchises, engineering data, construction plans, or estimates prepared for the development of the Cooper River and Santee River or any other real or personal property necessary or useful in carrying out any of its purposes or exercising any of its powers; but before the board of directors may acquire and pay for, without condemnation any plans, specifications, franchises, or any kind of property, belonging to or to belong to any private corporation previously chartered by this State or any other state for the purpose of developing the Santee-Cooper project, a full report of the proposed purchase must be submitted in writing to the advisory board, which shall order a public hearing on the proposed purchase and due notice of the hearing must be given by advertisement to be published in at least three daily papers published in the State twice each week for two consecutive weeks. The advisory board shall carefully investigate the proposed purchase, and shall file its report in writing with the Secretary of State and the board of directors of the Public Service Authority. If the report recommends a price for the proposed purchase, the board of directors may enter into a contract for the purchase; if the report disapproves the proposed purchase, the board of directors may submit any amended proposed agreement, which must be heard by the advisory board in the same manner, or shall proceed with condemnation; the price to be paid to any private corporation for any of its property is subject to the approval of the original purchaser of the first notes, bonds, or other evidence of indebtedness issued under this chapter. The Public Service Authority shall have the right of eminent domain to carry out the purposes of this chapter.
HISTORY: 1962 Code Section 59-5; 1952 Code Section 59-5; 1942 Code Section 8555-15; 1934 (38) 1507; 1987 Act No. 173 Section 50, eff nine months from approval by Governor (approved by Governor on June 30, 1987).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-56. Conflict of interest transactions.

(A) A conflict of interest transaction is a transaction with the Public Service Authority in which a director of the Public Service Authority has a direct or indirect interest. A conflict of interest transaction is not voidable by the Public Service Authority solely because of the director's interest in the transaction if any one of the following is true:
(1) the material facts of the transaction and the director's interest were disclosed or known to the board of directors or a committee of the board of directors, and the board of directors or a committee authorized, approved, or ratified the transaction; or
(2) the transaction was fair to the Public Service Authority and its customers.
If item (1) has been accomplished, the burden of proving unfairness of any transaction covered by this section is on the party claiming unfairness. If item (1) has not been accomplished, the party seeking to uphold the transaction has the burden of proving fairness.
(B) For purposes of this section, a Director of the Public Service Authority has an indirect interest in a transaction if:
(1) another entity in which he has a material financial interest or in which he is a general partner is a party to the transaction; or
(2) another entity of which he is a director, officer, or trustee is a party to the transaction and the transaction is or should be considered by the board of directors of the Public Service Authority.
(C) For purposes of subsection (A)(1), a conflict of interest transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the directors on the board of directors (or on the committee) who have no direct or indirect interest in the transaction, but a transaction may not be authorized, approved, or ratified under this section by a single director. If a majority of the directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of, or a vote cast by, a director with a direct or indirect interest in the transaction does not affect the validity of any action taken under subsection (A)(1) if the transaction is otherwise authorized, approved, or ratified as provided in that subsection.
(D) Any violation of this code section by a director shall constitute grounds for removal from office by the Governor pursuant to Section 1-3-240.
HISTORY: 2005 Act No. 137, Section 7, eff May 25, 2005; 2021 Act No. 90 (H.3194), Section 5, eff June 15, 2021.
Editor's Note
2005 Act No. 137, Section 10, provides as follows:
"Responsibilities and duties of the directors of the Public Service Authority created by the provisions of this act are in addition to responsibilities and duties created by other provisions of law."
Effect of Amendment
2021 Act No. 90, Section 5, added (D), and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-57. Suits for breach of duty.

Wholesale and retail customers of the Public Service Authority and electric cooperatives that are indirect customers of the Public Service Authority may bring suit against Public Service Authority directors asserting a breach of any duty arising under Sections 58-31-55 and 58-31-56. If it is proved that a director violated the provisions of Section 58-31-55 or Section 58-31-56, he is subject to liability under the same theories of liability as for a breach of duty by a corporate director pursuant to Title 33 and South Carolina common law. Liability under this section shall be limited to disgorgement of any ill-gotten gain and damages of not more than fifty thousand dollars per occurrence and reasonable attorney's fees and costs. If the customer prevails, the court may also grant appropriate equitable relief and may award reasonable attorney's fees and costs. Any remedy granted or damages awarded pursuant to this section do not relieve a director from criminal liability or preclude criminal prosecution.
HISTORY: 2005 Act No. 137, Section 7, eff May 25, 2005.
Editor's Note
2005 Act No. 137, Section 10, provides as follows:
"Responsibilities and duties of the directors of the Public Service Authority created by the provisions of this act are in addition to responsibilities and duties created by other provisions of law."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-60. Duties and powers of board of directors.

The powers of the Public Service Authority shall be exercised by the board of directors, with the exception of such duties as this chapter shall impose upon the advisory board. A majority of the members of the board of directors shall constitute a quorum of the board for the purpose of organizing the Public Service Authority and conducting the business thereof and for all other purposes and all action may be taken by vote of a majority of directors present unless in any case the bylaws shall require a larger number. The board of directors shall have full authority to manage the property and business of the Public Service Authority, and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the general business of the Public Service Authority may be conducted and the powers granted to it may be exercised and embodied. The board of directors shall fix and determine the number of officers, agents, employees and servants of the Public Service Authority and their respective compensation and duties, and may delegate to one or more of their number, or to one or more of such officers, agents, employees or servants, such powers and duties as it may deem proper. Each director shall give bond for the faithful performance of his duties as such director in the penal sum of at least ten thousand dollars, the premium for the first bonds to be paid by the Governor from his contingent fund to be reimbursed when the Authority is in funds, and all subsequent premiums to be paid from funds of the Authority. The board of directors shall require similar bonds in such amounts as they may determine from any or all officers, agents and employees in position of responsibility or trust. The position of director of the Public Service Authority is not a public office, and the State shall in no wise be responsible for the acts of the directors, but each director and his surety and the Public Service Authority shall be responsible for all acts of the director in connection with the functions herein provided for.
Forthwith upon the appointment and organization of the Public Service Authority it shall proceed with the improvement and development of the Cooper River, the Santee River, the Congaree River and their tributaries upstream to the confluence of the Broad and Saluda Rivers and upstream on the Wateree River to a point at or near Camden for the aid and benefit of commerce and navigation, flood control and drainage, and for the development of the hydroelectric power inherent therein. The Authority shall investigate other power and navigation projects in the State and shall have power to acquire or develop desirable ones as early as practicable.
HISTORY: 1962 Code Section 59-6; 1952 Code Section 59-6; 1942 Code Section 8555-16; 1934 (38) 1507; 1974 (58) 2121.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-70. Use of facilities and operation of business of Authority.

The use of the facilities of the Public Service Authority and the operation of its business shall be subject to the rules and regulations from time to time adopted by the Public Service Authority; provided, however, that the Public Service Authority shall not be authorized to do anything which will impair the security of the holders of the notes, bonds or other evidences of indebtedness of the Public Service Authority or violate any agreement with them or for their benefit.
HISTORY: 1962 Code Section 59-7; 1952 Code Section 59-7; 1942 Code Section 8555-17; 1934 (38) 1507.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-90. Payments in lieu of taxes to certain counties and school districts.

Beginning with the tax year 1965, after the payment of all necessary operating expenses and all annual debt requirements on bonds, notes or other obligations at any time outstanding and the discharge of all obligations arising under finance agreements and indentures or other instruments under which bonds or obligations have been or may be issued, and after payment into the general fund of the State the sum of at least two hundred twenty-five thousand dollars annually, the South Carolina Public Service Authority shall pay annually to the counties of Orangeburg, Calhoun, Sumter, Clarendon, Berkeley, Horry and Georgetown and school districts therein additional sums of money in lieu of taxes on lands acquired prior to the year 1950 for reservoirs, lakes, canals, structures and adjoining properties of the Santee-Cooper Hydroelectric and Navigation Project in amounts equivalent to that paid in 1964 for sums in lieu of taxes on such lands to the counties and school districts therein. Provided, that all additional sums to be paid under this section shall be used for the support of the public schools within the counties and districts involved.
HISTORY: 1962 Code Section 59-8.1; 1965 (54) 326.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-100. Payment of additional sums in lieu of taxes.

Beginning with the fiscal year 1974-75 and in each fiscal year thereafter, after payment of the sums in lieu of taxes provided for by Sections 58-31-80 and 58-31-90, the Public Service Authority shall make the following additional payments in lieu of taxes:
(1) To any county in which it holds legal title to lands developed for commercial or residential purposes, a sum equal to ten percent of the annual rentals received from the lease of those lands during the fiscal year.
(2) To the counties in which it owns, or leases and operates, electric generating facilities, a sum equal to fifteen percent of the amount paid in the fiscal year into the General Fund of the State, which sum shall be allocated among the counties concerned in the proportion which the generating capacity of the Public Service Authority located and in operation in each such county bears to the total of the Public Service Authority's generating capacity located and in operation in all such counties.
(3) To the counties of Berkeley, Horry and Georgetown, a sum equal to ten percent of the amount paid during the fiscal year into the General Fund of the State, which sum shall be allocated among those counties in the proportion which the kilowatt hour sales, excluding sales for resale, made by the Public Service Authority in each such county bears to the total of the kilowatt hour sales, excluding sales for resale, made by the Public Service Authority in all such counties.
HISTORY: 1962 Code Section 59-8.2; 1974 (58) 2352.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-110. Net earnings; disposition and use.

The South Carolina Public Service Authority is a corporation, completely owned by and to be operated for the benefit of the people of this State. Any and all net earnings of the Public Service Authority not necessary for the prudent conduct and operation of its business in the best interests of the Public Service Authority as defined by Section 58-31-55(A)(3) or to pay the principal of and interest on its bonds, notes, or other evidences of indebtedness or other obligations, or to fulfill the terms and provisions of any agreements made with the purchasers or holders thereof or others must be paid over semiannually to the State Treasurer for the general funds of the State and must be used to reduce the tax burdens on the people of this State. Nothing in this section shall prohibit the authority from paying to the State each year up to one percent of its projected operating revenues, as such revenues would be determined on an accrual basis, from the combined electric and water systems.
HISTORY: 1962 Code Section 59-9; 1952 Code Section 59-9; 1942 Code Section 8555-19; 1934 (38) 1507; 2005 Act No. 137, Section 8, eff May 25, 2005.
Editor's Note
2005 Act No. 137, Section 10, provides as follows:
"Responsibilities and duties of the directors of the Public Service Authority created by the provisions of this act are in addition to responsibilities and duties created by other provisions of law."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-120. Authority shall use labor and materials from this State.

As far as may be practicable and not in conflict with any statute of the United States or the rules or regulations of any agency thereof which may assist in financing any project undertaken pursuant to this chapter, the Public Service Authority shall use and give preference to South Carolina workmen and South Carolina materials. As far as may be practicable, and not to conflict with any rules of the United States Government or any agency thereof which may assist in financing the development herein proposed, the Public Service Authority shall use South Carolina materials and shall make purchases within the State where possible. As far as may be practicable, the labor to be employed on the development herein provided for shall be resident South Carolina workmen, and the same shall be allocated to each county in the State ratably, as the need for employment may exist, and, as far as may be practicable, as reflected by the rolls of the unemployed in the various public employment offices in each county in South Carolina.
HISTORY: 1962 Code Section 59-10; 1952 Code Section 59-10; 1942 Code Section 8555-20; 1934 (38) 1507.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-130. Credit and taxing power of the State and its subdivisions shall not be involved; liability for payment of securities.

Nothing contained in the provisions of this chapter shall, at any time or in any manner, involve the credit and taxing power of the State, or of any of its political subdivisions; nor shall any of the securities or other evidences of indebtedness authorized to be issued in and by this chapter ever be or constitute obligations of the State or of any of its political subdivisions; nor shall the State or any of its political subdivisions ever be liable or responsible, in any way, for the payment of the principal or interest of or on such security or other evidences of indebtedness.
HISTORY: 1962 Code Section 59-11; 1952 Code Section 59-11; 1942 Code Section 8555-21; 1934 (38) 1507.