reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-140. State and its subdivisions shall never levy taxes or appropriate funds for project.

It is hereby declared that the State and any of its political subdivisions shall never levy any tax to pay any obligations incurred in building this project or make any appropriation to carry on the work of developing the Santee-Cooper power project.
HISTORY: 1962 Code Section 59-12; 1952 Code Section 59-12; 1942 Code Section 8555-22; 1934 (38) 1507.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-150. Amendments or repeal of chapter; effect.

The right to alter, amend, or repeal this chapter is hereby expressly reserved and disclosed, but no such amendment or repeal shall operate to impair the obligation of any contract made by said corporation under any power conferred by this chapter.
HISTORY: 1962 Code Section 59-13; 1952 Code Section 59-13; 1942 Code Section 8555-23; 1934 (38) 1507.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-160. Authority may construct Santee-Cooper project.

The Public Service Authority may construct the Santee-Cooper hydroelectric and navigation project as outlined and described in the license issued by the Federal Power Commission to Columbia Railway and Navigation Company for the construction of project No. S. C. 199, dated April 2, 1926 and amended February 14, 1927, May 31, 1933 and May 13, 1937, and on license drawings prepared and filed with said Commission at the time of the issuance of said license and said amendments and thereafter as required by the terms and provisions of said license and the amendatory plans and drawings filed or to be filed by the Public Service Authority with said Commission and approved or to be approved by said Commission or as outlined and described in any new license or licenses that the Authority may obtain from said Commission under the terms of this chapter.
HISTORY: 1962 Code Section 59-14; 1952 Code Section 59-14; 1942 Code Section 8555-27; 1939 (41) 277.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-170. Designation of Lake Moultrie and Lake Marion.

One of the lakes belonging to the State, constructed by the South Carolina Public Service Authority on the Cooper River near Pinopolis, in Berkeley County, shall hereafter be known as Lake Moultrie, and the other lake belonging to the State, constructed by the Authority on the Cooper River in the same area, shall be known as Lake Marion.
HISTORY: 1962 Code Section 59-15; 1944 (43) 1182.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-180. Diversion of water from Sampit River, Penney Royal Creek and their tributaries for use in operation of generating plant.

(1) The South Carolina Public Service Authority is hereby authorized to divert water from the Sampit River, Penney Royal Creek and their tributaries for use in connection with the operation of an electric generating plant to be constructed in Georgetown County between the Sampit River, Penney Royal Creek and Winyah Bay and to discharge such water, or so much thereof as is not consumed, into Winyah Bay. Such diversion shall not exceed two thousand cubic feet of water per second each day, and may be accomplished by canals, conduits, ditches, pipes or other proper structures.
(2) Nothing contained in this section shall be construed to waive the public law or regulations of the State of South Carolina as to pollution control.
(3) This section shall not affect the right of any person to recover, in a court of competent jurisdiction, damages sustained as a result of the diversion of water permitted by this section.
HISTORY: 1962 Code Section 59-16; 1970 (56) 2484.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-190. Diversion of water from Santee River and its tributaries for use in operation of generating plant.

The South Carolina Public Service Authority is hereby authorized to divert water from the Santee River, and its tributaries for use in connection with the operation of an electric generating plant to be constructed in Georgetown County between the Sampit River, Penney Royal Creek and Winyah Bay and to discharge such water, or so much thereof as is not consumed into Turkey Creek, and thereto Penney Royal Creek and thereto into Sampit River. Such diversion shall not exceed one hundred cubic feet of water per second each day, and shall be accomplished by pipes or other underground structures. Such diversion shall not in any manner reduce the water level or flow rate of the Santee River and its tributaries.
Nothing contained in this section shall be construed to waive the public law or regulations of the State of South Carolina as to pollution control.
This section shall not affect the right of any person to recover, in a court of competent jurisdiction, damages sustained as a result of the diversion of water permitted by this section.
HISTORY: 1962 Code Section 59-16.1; 1973 (58) 623.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-200. Joint ownership of nuclear electric generating station in Fairfield County.

The South Carolina Public Service Authority shall have the power to become a joint owner with one or more privately owned electric utilities in existing or future nuclear electric generation units, and related transmission facilities, to be constructed on a site at or near Parr Shoals in Fairfield County and specifically the power to plan, finance, acquire, own, operate, and maintain joint ownership interest in such plants and facilities necessary or incidental to the generation and transmission of electric power generated at the plant, and to make such plans and enter into such contracts or other agreements as are necessary or convenient for the planning, financing, acquisition, construction, ownership, operation, and maintenance of the plant and facilities; provided, however, that the Public Service Authority's joint ownership interest shall be equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction of the plant and facilities and the Public Service Authority shall own and control a like percentage of the electrical output thereof; provided, further, that the Public Service Authority shall be severally liable, in proportion to its joint ownership interest in the plant and facilities, for the acts, omissions, or obligations performed, omitted, or incurred by the operator or other owners of the plant while acting as the designated agent of the Public Service Authority for purposes of constructing, operating, or maintaining the plant and facilities or any of them, but shall not otherwise be liable, jointly or severally, for the acts, omissions, or obligations of the operator or other owners of the plant; nor shall any money or property of the Public Service Authority be credited or otherwise applied to the account of the operator or other owners of the plant, or be charged with any debt, lien, or mortgage as a result of any debt or obligation of the operator or other owners of the plant.
HISTORY: 1962 Code Section 59-17; 1973 (58) 79; 2006 Act No. 281, Section 1, eff May 23, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-210. Public Service Authority empowered to enter joint ownership of electric generation and transmission facilities with Central Electric Power Cooperative.

The South Carolina Public Service Authority shall have the power to become a joint owner with Central Electric Power Cooperative, Inc., of electric generation and transmission facilities, the power to plan, finance, acquire, own, operate and maintain an undivided interest in such plants and facilities necessary or incidental to the generation and transmission of electric power and the power to make plans and enter into such contracts as are necessary or convenient for the planning, financing, acquisition, construction, ownership, operation and maintenance of such plants and facilities; provided, however, that the Public Service Authority shall own a percentage of such plants and facilities equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction of the plants and facilities and shall own and control a like percentage of the electrical output thereof; provided, further, that the Public Service Authority shall be severally liable in proportion to its ownership share of such plants and facilities for the acts, omissions or obligations performed, omitted or incurred by Central Electric Power Cooperative, Inc., while acting as the designated agent of the Public Service Authority for purposes of constructing, operating or maintaining the plants and facilities or any of them, but shall not otherwise be liable, jointly or severally, for the acts, omissions or obligations of Central Electric Power Cooperative, Inc.; nor shall any money or property of the Public Service Authority be credited or otherwise applied to the account of Central Electric Power Cooperative, Inc., or be charged with any debt, lien or mortgage as a result of any debt or obligation of Central Electric Power Cooperative, Inc. Nothing in this section shall be construed to prevent the Public Service Authority from leasing facilities or interests therein from Central Electric Power Cooperative, Inc., and incurring obligations under such leases.
HISTORY: 1979 Act No. 46 eff April 16, 1979.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-220. Authorization for Public Service Authority to adopt calendar year as its fiscal year.

The Public Service Authority may adopt the calendar year as its fiscal year, but the adoption does not affect payments made by the Authority to the general fund of the State.
HISTORY: 1988 Act No. 658, Part II, Section 31, eff June 8, 1988.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-225. Office of Regulatory Staff; inspections, audits, and examinations.

The Office of Regulatory Staff, under the provisions of this section, is hereby vested with the authority and jurisdiction to make inspections, audits, and examinations of the Public Service Authority pursuant to the provisions of Chapter 4, Title 58, relating to the electric rates established by the Public Service Authority. Upon completion of an authorized inspection, audit, or examination, the Office of Regulatory Staff must report its findings to the management and board of the Public Service Authority and attempt to resolve with the management and board any issues that are identified. The Public Service Authority must post information regarding its electric rates on its website.
HISTORY: 2021 Act No. 90 (H.3194), Section 12, eff January 1, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-240. Joint Bond Review Committee; annual reporting of real property transactions.

For purposes of this section:
(A) "JBRC" means the Joint Bond Review Committee.
(1) Prior to issuing any (1) bonds, (2) notes, or (3) other indebtedness, including any refinancing that does not achieve a savings in total debt service, the JBRC must approve, reject, or modify the issuance by the Authority. This section does not apply to the issuance of short-term or revolving-credit debt for the management of day-to-day operations and financing needs.
(2) If the JBRC does not take action on the issuance within sixty days, the issuance is considered approved.
(3) Issuance approved by the JBRC need not be issued immediately, and the debt may be issued across multiple series and over a three-year term.
(B)(1) By September first of each year, the Authority shall provide an annual report regarding every transaction involving an interest in real property and executed during the preceding twelve months, including:
(a) a summary of the key terms of all contracts effectuating or related to such transactions; and
(b) parties involved in the transaction, including all entities or persons with any type of ownership interest or authority to control.
(2) A transfer of any interest in real property by the Authority, regardless of the value of the transaction, requires approval, rejection, or modification by the JBRC.
(3) The reporting and other requirements of this item do not apply to encroachment agreements, rights of way, or lease agreements made by the Authority for property within the Federal Energy Regulatory Project boundary.
(C) The JBRC may adopt instructions which must be followed by the Authority for any submission pursuant to this section.
(D) The requirements imposed on the Authority pursuant to this section are in addition to any other requirements of law. If any provision of this section conflicts with another provision of law, the provisions of this section shall control to the extent of the conflict.
HISTORY: 2021 Act No. 90 (H.3194), Section 8, eff June 15, 2021.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-250. Legislative oversight.

(A) The Senate Finance Committee and the House Ways and Means Committee may request and the Authority must produce, in writing or by testimony at the request of the relevant committee, within thirty days of any request any or all of the following:
(1) annual audited financial statements;
(2) projected and actual annual revenue;
(3) actual annual expenditures;
(4) any debt issuances in the previous five years, whether short-term or long-term;
(5) percent of annual revenues utilized for administration. For purposes of this item, "administration" includes executive-level employees compensation and other operating costs;
(6) organizational flow chart displaying the position titles and name of executive-level employees;
(7) major components of any long-term capital plan, including timing and cost estimates, and financing plan for such capital investments whether paid from operations or debt;
(8) performance objectives and results;
(9) performance measurements used to evaluate program effectiveness;
(10) any outstanding litigation issues; and
(11) planning documents and progress reports, including budgeted and actual expenditures.
(B) The Authority must post its annual audited financial report in a conspicuous place on the Authority's website and distribute the reports to members of the General Assembly.
(C) Any problems or issues of concern that arise during this oversight process may be forwarded to the State Inspector General for investigation after a vote of either committee. The Inspector General is granted the authority to complete the investigation.
(D) The Authority and the Board of Directors and its subcommittees are public bodies for purposes of the Freedom of Information Act.
(E) Any and all compensation for the Authority CEO must be reviewed by the Agency Head Salary Commission. Additionally, any employment contracts or retention contracts that last longer than five years, and all contract extensions, must be reviewed by the Agency Head Salary Commission.
HISTORY: 2021 Act No. 90 (H.3194), Section 8, eff June 15, 2021.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-310. Definitions.

The following words and phrases as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings:
(1) The term "electrical utility" includes persons and corporations, their lessees, assignees, trustees, receivers or other successors in interest owning or operating in this State equipment or facilities for generating, transmitting, delivering or furnishing electricity for street, railway or other public uses or for production of light, heat or power to or for the public for compensation; but it shall not include an electric cooperative or municipality and shall not include a person, corporation furnishing electricity only to himself or itself, their residents, employees or tenants when such electricity is not resold or used by others.
(2) The term "present service area" means the area or areas hereinafter described, within which the Public Service Authority shall have the right to furnish electrical service to the exclusion of other electrical utilities.
(3) The term "premises" means the building, structure or facility including any expansions or additions thereto, to which electricity is being or is to be furnished; provided, that two or more buildings, structures or facilities which are located on one tract or contiguous tracts of land and are utilized by one electric consumer for farming, business, commercial, industrial, institutional or governmental purposes, shall together constitute one "premises" regardless of whether they are separately metered and the charges for such service are calculated independently of charges for service to any other building, structure or facility.
Premises are considered as being served by the Public Service Authority if on July 9, 1973 a contract between the electric consumer and the Public Service Authority has been signed, or any of the facilities for electric service belonging to the Public Service Authority are attached to such premises.
(4) The term "line" means any electric conductors operating at a nominal voltage level of 25 KV or less, measured phase-to-phase, except (a) in the case of overhead construction, conductors from the pole or tower nearest the premises of a consumer to the premises, or conductors from a line tap to the premises, and (b) in the case of underground construction, conductors from the transformer (or junction point, if there is one) nearest, on or in the premises of the consumer to the premises. The term "line" includes any electric conductor operating at a nominal voltage level in excess of 25 KV when it is agreed between the Public Service Authority and an affected electric cooperative serving in the county where the conductor is located that the primary purpose and use of the conductor on January 1, 1984, was for the distribution of electric power and not for the transmission of bulk power from one area to another.
HISTORY: 1962 Code Section 59-18; 1973 (58) 716; 1984 Act No. 399, Section 1, eff July 1, 1984.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-320. Customers to whom Authority shall provide electric service.

After July 9, 1973, the Public Service Authority shall have the right to provide electric service only to, and it shall have the right to serve:
(1) Central Electric Power Cooperative, Inc., including:
(a) all electric cooperatives that are members of Central Electric Power Cooperative, Inc., on July 9, 1973;
(b) any electric cooperative which after July 9, 1973, becomes a member of Central Electric Power Cooperative, Inc.;
(c) any electric cooperative which after July 9, 1973, ceases to be a member of Central Electric Power Cooperative, Inc.; and
(d) in the event Central Electric Power Cooperative, Inc., ceases to exist as a corporate entity, any electric cooperative which was a member of Central Electric Power Cooperative, Inc., at the time of its dissolution;
(2) all premises, customers, and electric cooperatives served by it on July 9, 1973;
(3) its present service area as defined in Section 58-31-330;
(4) those areas owned, leased, or controlled by the Public Service Authority adjacent to the lakes and waterways of Federal Power Commission Project No. 199.
If, after July 9, 1973, any customers, premises, or electric cooperatives located outside the present service area of the Public Service Authority as defined in Section 58-31-330 and being served by the Public Service Authority, including any subsequent expansions or additions by such customers, premises, or cooperatives, ceases or discontinues accepting electrical service from the Public Service Authority, the Public Service Authority may subsequently sell and furnish electrical service to new customers, premises, or electric cooperatives from its major transmission lines in an amount not exceeding the amount of power the sale of which was lost by reason of such discontinuation of service.
Nothing contained herein shall be construed to restrict the right of the Public Service Authority to furnish electric service to its own premises; to exchange or interchange electric service with, purchase electric energy from, or sell electric energy to any other electrical utility or any joint agency organized and operating pursuant to Chapter 23 of Title 6; to construct additional facilities, within or without its present service area, as defined in Section 58-31-330; to construct additional delivery points to or for any of the premises or customers it is authorized to serve as provided for in this section; or to fulfill the growth needs of any customer legally served by it.
HISTORY: 1962 Code Section 59-19; 1973 (58) 716; 2005 Act No. 137, Section 9, 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 58-31-330. Service area of authority.

Except as set forth in this article, the present service area of the Public Service Authority consists of the counties of Berkeley, Georgetown, and Horry; but the following described areas are not included in the Public Service Authority's present service area as defined herein:
(1) That portion of Berkeley County now being served by South Carolina Electric and Gas Company as indicated by crosshatching on Authority Drawing No. E-1851, entitled "Map of Berkeley County Showing Crosshatched Area being served by S.C.E. & G." and that portion of Berkeley County served by Berkeley Electric Cooperative, Inc., as the service area of Berkeley Electric Cooperative, Inc., is shown on Authority Drawing No. 5032-E08-0047A entitled "Map of Berkeley County showing Designated Areas Served by South Carolina Public Service Authority and Berkeley Electric Cooperative".
(2) That portion of Georgetown County now being served by Carolina Power and Light Company as indicated by crosshatching on Authority Drawing No. E-1850, entitled "Map of Georgetown County Showing Crosshatched Area being served by C. P. & L. Co." and that portion of Georgetown County served by Santee Electric Cooperative, Inc., as the service area of Santee Electric Cooperative, Inc., is shown on Authority Drawing No. 5032-E08-0046 entitled "Map of Georgetown County Showing Designated Areas Served by South Carolina Public Service Authority and Santee Electric Cooperative, Inc.".
(3) That portion of Horry County now being served by Carolina Power and Light Company as indicated by crosshatching on Authority Drawing No. E-1849, entitled "Map of Horry County Showing Crosshatched Area being served by C. P. & L. Co." and that portion of Horry County served by Horry Electric Cooperative, Inc., as the service area of Horry Electric Cooperative, Inc., is shown on Authority Drawing No. 5032-E08-0048 entitled "Map of Horry County Showing Designated Areas Served by South Carolina Public Service Authority and Horry Electric Cooperative, Inc.".
The above described drawings, and all explanatory notes, symbols, and legends thereon, as approved by the general manager of the Public Service Authority or his designee and the president of the electrical utility or electric cooperative involved or his designee, are made a part of this article by reference, and must be filed, safeguarded, and maintained as provided in Section 58-31-340.
HISTORY: 1962 Code Section 59-20; 1973 (58) 716; 1984 Act No. 399, Section 2, eff July 1, 1984; 1995 Act No. 12, Section 1, eff March 8, 1995.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-340. Filing and correcting drawings; acquisition of facilities outside service area.

Each of the drawings referred to in Section 58-31-330 must be filed in the place provided by law for recording the real estate records of the county concerned, and a certified copy of each drawing must be filed in the office of the Secretary of State. Certified copies of the drawing must be kept available for examination by the public in the principal office of the Public Service Authority, and must be furnished to the electrical utility or electric cooperative concerned.
Inaccuracies in the drawings discovered after certification and filing must be corrected by preparing revised drawings and approving and filing the revised drawings in the same manner as provided for original drawings.
Nothing contained in Sections 58-31-310 through 58-31-370 may be construed to prevent the Public Service Authority from acquiring, by purchase, the electric facilities, or any part of them, owned by another electrical utility and located in any of the crosshatched areas described in Section 58-31-330. The areas served by facilities purchased by the Public Service Authority shall become a part of the present service area of the Public Service Authority and must be evidenced by revised drawings approved and filed as provided in this section.
HISTORY: 1962 Code Section 59-21; 1973 (58) 716; 1984 Act No. 399, Section 3, eff July 1, 1984.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-350. Acquisition of facilities within service area.

Distribution facilities belonging to another electrical utility which, after July 9, 1973, are located in the present service area of the Public Service Authority as defined in Section 58-31-330, shall be acquired by the Public Service Authority within two years of July 9, 1973 and upon payment to the electrical utility concerned of just compensation therefor. Pending the acquisition of such facilities by the Public Service Authority, electrical service shall continue to be furnished by the electrical utility owning the facilities.
For the purposes of this section, "just compensation" shall consist of the total of the following:
(a) Reproduction cost, new, of the facilities being acquired, less depreciation on a straight line basis;
(b) Cost of reintegrating the system of the selling electrical utility after detaching the portion to be sold including allowance for idle substation capacity caused in the remaining portion of the system.
Just compensation shall otherwise be determined as provided in Section 58-27-1360.
HISTORY: 1962 Code Section 59-22; 1973 (58) 716.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-360. State covenant with holders of obligations of Authority.

In order to protect those subscribing to, purchasing or acquiring the notes, bonds, evidences of indebtedness or other obligations of the Public Service Authority, the State of South Carolina does hereby covenant and agree with any person, firm or corporation, the government of the United States of America, and any corporation or agency created, designated or established by the United States, subscribing to, purchasing or acquiring the notes, bonds, evidences of indebtedness or other obligations heretofore or hereafter issued or incurred by the Public Service Authority for any authorized purpose, that the State will not alter, limit or restrict the power of the Public Service Authority to, and the Authority shall, fix, establish, maintain and collect rents, tolls, rates and charges for the use of the facilities of or for the services rendered or for any commodities furnished by the Public Service Authority, at least sufficient to provide for payment of all expenses of the Public Service Authority, the conservation, maintenance and operation of its facilities and properties and the payment of the principal of and interest on its notes, bonds, evidences of indebtedness or other obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such notes, bonds, evidences of indebtedness or obligations heretofore or hereafter issued or incurred. Provided, however, that prior to putting into effect any increase in rates the Public Service Authority shall give at least sixty days' notice of such increase to all customers who will be affected by the increase.
HISTORY: 1962 Code Section 59-23; 1973 (58) 716.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-370. Jurisdiction of circuit court.

The circuit court of this State shall have exclusive jurisdiction to hear and determine any dispute arising under Sections 58-31-310 through 58-31-360.
HISTORY: 1962 Code Section 59-24; 1973 (58) 716.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-380. Annual report of Authority as to rates.

The Public Service Authority shall annually report to the Office of Regulatory Staff in the same manner as electric cooperatives as to the rates charged by it.
HISTORY: 1962 Code Section 59-25; 1973 (58) 716; 2006 Act No. 318, Section 219, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-390. Authority not to service new premises assigned to electric cooperative; exception.

Except as provided in Section 58-31-320(1), the Public Service Authority shall serve no new premises within the territory assigned by the Public Service Commission to any electric cooperative.
HISTORY: 1962 Code Section 59-26; 1973 (58) 716; 1987 Act No. 148 Section 1, eff June 3, 1987.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-400. Submission of annual budget.

The Public Service Authority shall submit its annual budget to the House Ways and Means Committee to be printed as a regular part of the General Appropriation Act. The annual budget is submitted for information purposes only.
HISTORY: 1983 Act No. 138 Section 10, eff June 15, 1983.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-420. Laws applicable to electric service within municipal limits not repealed or modified.

The authority granted in this article shall not repeal or modify other laws applicable to electric service within municipal corporate limits, and any provisions of this article inconsistent with other laws are not applicable within the municipal limits.
HISTORY: 1984 Act No. 399, Section 4, eff July 1, 1984.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-440. Maintenance of existing lines; customer choice in certain circumstances.

Lines of the Public Service Authority in existence on July 1, 1984, which extend into the service areas of Berkeley Electric Cooperative, Santee Electric Cooperative, and Horry Electric Cooperative, and lines of those cooperatives which extend into the service area of the Public Service Authority may continue to be operated and maintained by the owner of the lines, and premises served by the lines on July 1, 1984, must continue to be so served. The owner of a line in another supplier's service area may exclusively serve any new premises located wholly or partially within three hundred feet of the line. Where the premises are located wholly or partially within three hundred feet of a line of both the Public Service Authority and an electric Cooperative, the customer may choose between those suppliers, and the supplier originally chosen shall continue to have the exclusive right to serve such premises.
HISTORY: 1984 Act No. 399, Section 4, eff July 1, 1984.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-460. Restrictions on interruption of electric service to residential customer for nonpayment of bill; exceptions.

(A) Except as provided in subsection (B) of this section, the Public Service Authority must not interrupt electric service to any residential customer for nonpayment of a bill until twenty-five days have elapsed from the date of billing.
(B) The Public Service Authority may interrupt electric service to any residential customer who has voluntarily enrolled in a prepay program if the prepay program allows the customer to monitor his consumption of electricity and his account balance on a daily basis and the balance of that customer's prepay account is zero, provided that the following conditions are met: (1) at the time the residential customer enrolls in the prepay program, the residential customer is informed and agrees that his electric service may be interrupted when the balance of his prepay account reaches zero; (2) electric service must not be interrupted before 10:00 a.m. on the next business day following an attempt by the Public Service Authority to give the customer notice of the impending interruption by telephone or electronically; and (3) service must not be interrupted except during hours when the Public Service Authority is accepting cash payments. For purposes of this subsection, a business day is any day in which the Public Service Authority, or an agent, is accepting cash payments.
(C) Nothing contained herein shall be construed so as to relieve the Public Service Authority of the requirements of Act 313 of 2006.
(D) Any person aggrieved by a violation of this section may petition the courts of this State for redress in accordance with applicable law.
HISTORY: 2010 Act No. 258, Section 3, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-510. 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 Public Service Authority a certificate on a form provided by the Public Service Authority 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 6, eff June 1, 2006; 2012 Act No. 122, Section 6, eff February 22, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-520. Termination procedures; contents.

(A) The Public Service Authority 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. The Public Service Authority 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 Service Authority, 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 6, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-530. Third-party notification program.

The Public Service Authority 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 6, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-540. Disconnection when public safety emergency exists.

Notwithstanding another provision of this article, the Public Service Authority may disconnect a customer when it is determined that a public safety emergency exists.
HISTORY: 2006 Act No. 313, Section 6, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-550. 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 6, eff June 1, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-710. Adoption and publication of pricing principles.

The Public Service Authority, through its board of directors, shall adopt and publish pricing principles that respect and balance factors including, but not limited to, adherence to the Authority's mission to be a low-cost provider, reliability, transparency, preservation of the Authority's financial integrity, equity among customer classes, gradualism in adjustments to its pricing and rate schedule type, encouragement of efficiency and demand response, adequate notice to customers, and relief mechanisms for financially distressed customers. The Authority shall also maintain and continue to offer rate schedules and options that provide demand-side management flexibility including, but not limited to, non-firm sales and interruptible power rates, and conservation opportunities to its customers.
HISTORY: 2021 Act No. 90 (H.3194), Section 11, eff January 1, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-720. Definition of "customer".

For purposes of this article "customer" shall include the Authority's residential, commercial and industrial retail customers, and those wholesale customers served pursuant to contractual arrangements, but excluding joint action agencies and those entities located outside the State.
HISTORY: 2021 Act No. 90 (H.3194), Section 11, eff January 1, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 31 - Public Service Authority › Section 58-31-740. Annual pricing report.

The Authority shall submit to the Office of Regulatory Staff a pricing report each year, and its report must include an analysis of the adherence to the pricing principles required in Section 58-31-710, the current and projected electric customer pricing, a comparison of pricing to other utilities, and an analysis of the rates of return by customer class. After its review, the ORS shall issue comments on the Authority's annual pricing report to the Authority's board of directors and the Public Utility Review Committee.
HISTORY: 2021 Act No. 90 (H.3194), Section 11, eff January 1, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-10. Short title.

This chapter shall be known, and may be cited, as the "Utility Facility Siting and Environmental Protection Act".
HISTORY: 1962 Code Section 58-1801; 1971 (57) 889; 2006 Act No. 318, Section 220, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-20. Definitions.

The following words, when used in this chapter, has the following meanings, unless otherwise clearly apparent from the context:
(1) The term "commission" means Public Service Commission.
(2) The term "major utility facility" means:
(a) electric generating plant and associated facilities designed for, or capable of, operation at a capacity of more than seventy-five megawatts.
(b) an electric transmission line and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more; provided, however, that the words "major utility facility" shall not include electric distribution lines and associated facilities.
(3) The term "commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying or changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions.
(4) The term "municipality" means any county or municipality within this State.
(5) The term "person" includes any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, municipality, any other organization, or any combination of any of the foregoing, and shall include the South Carolina Public Service Authority.
(6) The term "public utility" or "utility" means any person engaged in the generating, distributing, sale, delivery, or furnishing of electricity for public use.
(7) The term "land" means any real estate or any estate or interest therein, including water and riparian rights, regardless of the use to which it is devoted.
(8) The term "certificate" means a certificate of environmental compatibility and public convenience and necessity.
(9) The term "regulatory staff" means the executive director or the executive director and the employees of the Office of Regulatory Staff.
HISTORY: 1962 Code Section 58-1803; 1971 (57) 889; 2006 Act No. 318, Section 221, eff May 24, 2006; 2021 Act No. 90 (H.3194), Section 19, eff January 1, 2022.
Code Commissioner's Note
At the direction of the Code Commissioner, the first undesignated paragraph, which was inadvertently deleted by 2021 Act No. 90, Section 19, was reinstated.
Effect of Amendment
2021 Act No. 90, Section 19, in (2), in (b), deleted ", nor shall the words 'major utility facility' include electric transmission lines and associated facilities leased to and operated by (or which upon completion of construction are to be leased to and operated by) the South Carolina Public Service Authority" at the end; and in (5), substituted "and shall include" for "but shall not include".
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-120. Application for certificate; service on and notice to municipalities, government agencies and other persons of application.

(1) An applicant for a certificate shall file an application with the commission, in such form as the commission may prescribe. The application must contain the following information:
(a) a description of the location and of the major utility facility to be built;
(b) a summary of any studies which have been made by or for applicant of the environmental impact of the facility;
(c) a statement explaining the need for the facility; and
(d) any other information as the applicant may consider relevant or as the commission may by regulation or order require. A copy of the study referred to in item (b) above shall be filed with the commission, if ordered, and shall be available for public information.
(2) Each application shall be accompanied by proof of service of a copy of the application on the Office of Regulatory Staff, the chief executive officer of each municipality, and the head of each state and local government agency, charged with the duty of protecting the environment or of planning land use, in the area in the county in which any portion of the facility is to be located. The copy of the application shall be accompanied by a notice specifying the date on or about which the application is to be filed.
(3) Each application also must be accompanied by proof that public notice was given to persons residing in the municipalities entitled to receive notice under subsection (2) of this section, by the publication of a summary of the application, and the date on or about which it is to be filed, in newspapers of general circulation as will serve substantially to inform such persons of the application.
(4) Inadvertent failure of service on, or notice to, any of the municipalities, government agencies, or persons identified in subsections (2) and (3) of this section may be cured pursuant to orders of the commission designed to afford them adequate notice to enable their effective participation in the proceeding. In addition, the commission may, after filing, require the applicant to serve notice of the application or copies thereof, or both, upon such other persons, and file proof thereof, as the commission may deem appropriate.
(5) An application for an amendment of a certificate shall be in such form and contain such information as the commission shall prescribe. Notice of the application shall be given as set forth in subsections (2) and (3) of this section.
HISTORY: 1962 Code Section 58-1811; 1971 (57) 889; 2006 Act No. 318, Section 222, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-130. Hearings.

(1) Upon the receipt of an application complying with Section 58-33-120, the Commission shall promptly fix a date for the commencement of a public hearing, not less than sixty nor more than ninety days after the receipt, and shall conclude the proceedings as expeditiously as practicable. The testimony presented at the hearing may be presented in writing or orally, provided that the Commission may make rules designed to exclude repetitive, redundant or irrelevant testimony.
(2) On an application for an amendment of a certificate, the Commission shall hold a hearing in the same manner as a hearing is held on an application for a certificate if the proposed change in the facility would result in any significant increase in any environmental impact of the facility or a substantial change in the location of all or a portion of the facility; provided, that the Public Service Commission shall forward a copy of the application to all parties upon the filing of an application.
HISTORY: 1962 Code Section 58-1812; 1971 (57) 889.