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 58-27-1175. Validity of actions taken by an electrical utility.

If any provision of this article is held invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity of any action allowed under this article which is taken by an electrical utility, an assignee, a financing party, a collection agent, or a party to an ancillary agreement; and any such action remains in full force and effect with respect to all storm recovery bonds issued or authorized in a financing order issued under this article before the date that such provision is held invalid or is invalidated, superseded, replaced, or repealed, or expires for any reason.
HISTORY: 2022 Act No. 227 (S.1077), Section 1, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1180. Violation of article; penalties.

A violation of this article or of a financing order issued under this article subjects the utility that obtained the order to penalties under Article 19 of this chapter and to any other penalties or remedies that the commission determines are necessary to achieve the intent of this article and the intent and terms of the financing order and to prevent any increase in financial impact to the utility's ratepayers above that set forth in the financing order. If the commission orders a penalty or a remedy for a violation, the monetary penalty or remedy and the costs of defending against the proposed penalty or remedy may not be recovered from the ratepayers. The commission may not make adjustments to recovery charges for any such penalties or remedies.
HISTORY: 2022 Act No. 227 (S.1077), Section 1, eff June 17, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1210. Extension of facilities; commission approval.

(A) When ordered by the commission after a hearing, any electrical utility, distribution electric cooperative, or consolidated political subdivision, may be required to establish, construct, maintain, and operate any reasonable extension of its existing facilities. If any such extension, however, will interfere with the service or system of any other electrical utility, distribution electric cooperative, or consolidated political subdivision, the commission, on petition and after hearing, either may order the discontinuance of the extension or prescribe terms and conditions with respect thereto as may be just and reasonable. Each electrical utility, distribution electric cooperative, and consolidated political subdivision, within areas assigned to it by the commission and within three hundred feet of its lines, as defined in Section 58-27-610, is obligated to comply with all requests for service in accordance with its schedules of rates and service rules and regulations on file with the commission.
(B) Electric utilities, distribution cooperatives, or consolidated political subdivisions shall obtain commission approval of proposed construction of electric facilities only in the following situations where:
(1) one electric supplier proposes to construct a line that would cross the line of another electric supplier;
(2) one electric supplier proposes to construct a line that is within seventy feet of another electric supplier's line at any point unless the lines are separated by a publicly maintained roadway; or
(3) an electric supplier proposes to construct or extend a line through the territory of another electric supplier to or into a municipality.
No commission approval is required under this subsection where all affected electric suppliers reach an agreement on approval of the proposed construction or where either line is six hundred volts or less.
HISTORY: 1962 Code Section 24-61; 1952 Code Section 24-61; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 1969 (56) 740; 1972 (57) 2757; 2006 Act No. 318, Section 182, eff May 24, 2006; 2007 Act No. 16, Section 10, eff upon approval (became law without the Governor's signature on May 3, 2007).
Editor's Note
2007 Act No. 16, Section 1.(B), provides in part as follows:
". . . Section 10 [amending this section] of this act is intended to specify those situations in which electric suppliers must obtain commission approval for construction of facilities and is intended to supersede Regulation 103-304, South Carolina Code of Regulations, to the extent it would require approval in any other situation."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1220. Extensions by municipalities.

Any municipality operating its own plant or transmission system, if granted by the Commission a certificate of convenience and necessity as provided by Section 58-27-1230, may extend its lines and electrical service into any territory adjacent to such municipality, as well as into any nearby city or town if there is no electrical utility then operating in such city or town.
HISTORY: 1962 Code Section 24-62; 1952 Code Section 24-62; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1230. Certificate of public convenience and necessity shall be obtained prior to construction, operation or extension of system; exceptions.

No electrical utility, except a municipality within its corporate limits, shall hereafter begin the construction or operation of any electrical utility plant or system or of any extension thereof, except those ordered by the Commission under the provisions of Section 58-27-1210, without first obtaining from the Commission a certificate that public convenience and necessity require or will require such construction or operation. But unless such construction or operation has been commenced under a limited or conditional certificate of authority as provided by Section 58-27-1260, this section shall not be construed to require any such electrical utility to secure a certificate (a) for any extension within any municipality or district within which it had lawfully commenced operations prior to April 8, 1932, (b) for an extension within or to territory already served by it, necessary in the ordinary course of its business or (c) for an extension into territory contiguous to that already occupied by it and not receiving similar service from another electrical utility. No electrical utility, except a municipality within its corporate limits, shall exercise any right or privilege under any franchise or permit, the exercise of which has been suspended or discontinued for more than one year, without first obtaining from the Commission a certificate that public convenience and necessity require the exercise of such right or privilege.
HISTORY: 1962 Code Section 24-63; 1952 Code Section 24-63; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1240. Prerequisites to issuance of certificate.

Before any certificate may issue hereunder, a certified copy of its articles of incorporation or charter, if the applicant be a corporation, must be on file in the office of the commission and in the Office of Regulatory Staff. Every applicant for a certificate shall give such notice of its application as the commission may require and must file in the office of the commission and the Office of Regulatory Staff evidence required by the commission to show that the applicant has received any consent of local authorities that might be required under Article VIII, Section 15 of the Constitution of this State.
HISTORY: 1962 Code Section 24-64; 1952 Code Section 24-64; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 183, 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 58-27-1250. Issuance or refusal of certificate or modified certificate.

The Commission may after hearing issue a certificate as prayed for or refuse to issue the same or may issue it for the construction or operation of a portion only of the contemplated facility, line, plant or system, or extension thereof or for the partial exercise only of the rights or privileges sought and may attach to the exercise of the rights granted by the certificate such terms and conditions in harmony with this chapter as in its judgment the public convenience and necessity may require.
HISTORY: 1962 Code Section 24-65; 1952 Code Section 24-65; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1260. Order preliminary to issuance of certificate.

If an electrical utility, except a municipality within its corporate limits, desires to exercise a right or privilege under a permit, consent, or other authority which it contemplates securing but which has not as yet been granted to it, the electrical utility may apply to the commission for an order preliminary to the issuance of the certificate. The electrical utility also must serve a copy of its application upon the Office of Regulatory Staff. The commission may thereupon make an order declaring that it will thereafter, upon application, under such rules and regulations as it may prescribe, issue the desired certificate upon terms and conditions as it may designate after the electrical utility has obtained the contemplated permit, consent, or other authority. Upon the presentation to the commission of evidence satisfactory to it that such permit, consent, or other authority has been secured by such electrical utility, the commission must thereupon issue the certificate.
HISTORY: 1962 Code Section 24-66; 1952 Code Section 24-66; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 184, 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 58-27-1270. Cease and desist order when construction or operation proceeds in absence of certificate.

Whenever an electrical utility, electric cooperative, consolidated political subdivision, public utility district, governmental body or agency, or another person or corporation is engaged or is about to engage in construction or operation without having secured a certificate of public convenience and necessity as required by the provisions of this chapter, or otherwise in violation thereof, any interested electrical utility, electric cooperative, consolidated political subdivision, corporation, municipality, or the Office of Regulatory Staff may file a petition with the commission. The commission may, with or without notice, make its order requiring the party complained of to cease and desist from construction or operation until the commission may, after hearing, issue an order and prescribe terms and conditions in harmony with this chapter as are just and reasonable.
HISTORY: 1962 Code Section 24-67; 1952 Code Section 24-67; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 1969 (56) 740; 1972 (57) 2757; 2006 Act No. 318, Section 185, 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 58-27-1280. Order where construction or extension causes unreasonable interference.

If any electrical utility, electric cooperative, or any governmental body or agency which owns or operates equipment or facilities for generating, transmitting, delivering, or furnishing electricity in this State, in constructing or extending its lines, plant, or system, unreasonably interferes or is about to interfere unreasonably with the service or system of any other electrical utility, electric cooperative, or governmental body or agency, the commission on petition of the electrical utility, electric cooperative, the Office of Regulatory Staff, or governmental body or agency complaining to be injuriously affected may, after hearing, make orders and prescribe terms and conditions in harmony with this chapter as are just and reasonable, including the removal of lines and the issuance of a cease and desist order to the electrical utility, electric cooperative, or governmental body or agency causing the interference.
HISTORY: 1962 Code Section 24-68; 1952 Code Section 24-68; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 1969 (56) 740; 1972 (57) 2757; 1984 Act No. 431, Section 4, eff June 6, 1984; 2006 Act No. 318, Section 186, eff May 24, 2006.
Editor's Note
Section 57 of 1987 Act No. 173 (codified as Section 58-27-690) provides that this section shall not be modified, abridged or repealed by 1987 Act No. 173.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1290. Abandonment of service.

No electrical utility shall abandon all or any portion of its service to the public, except for ordinary discontinuance of service for nonpayment of undisputed charges in the usual course of business, unless written application is first made to the commission for the issuance of a certificate authorizing the abandonment, and until the commission in its discretion issues a certificate after a public hearing of all parties appearing to the commission to be interested. The electrical utility also must serve a copy of its application upon the Office of Regulatory Staff.
In any such case, any interested party shall have the right within fifteen days after the final order of the commission to apply to the Supreme Court for a review thereof, and in such case, no such abandonment shall be permitted until the appeal is heard and the Supreme Court by order permits the abandonment.
HISTORY: 1962 Code Section 24-69; 1952 Code Section 24-69; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 187, 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 58-27-1300. Disposition of properties, powers, franchises or privileges; certain out-of-state property may be sold.

No electrical utility, without the approval of the commission and compliance with all other existing requirements of the laws of the State in relation thereto, may sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them, except that any electrical utility which has utility property, the fair market value of which is one million dollars or less, may sell, assign, transfer, lease, consolidate, or merge this property without prior approval of the commission. The commission may, at its discretion, hold a hearing on the request of an electrical utility to sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them. An electric utility seeking approval of a transfer under this provision shall serve a copy of the application on the Office of Regulatory Staff. For purposes of this section, "utility property" shall include property used and useful to provide customers with electric service and which has been properly included in the electric utility's rate base, including construction work in progress or property held to serve future customers. Utility property that has been transferred to nonutility accounts must continue to be treated as utility property under this provision for five years following the transfer.
HISTORY: 1962 Code Section 24-70; 1952 Code Section 24-70; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 1988 Act No. 449, eff April 18, 1988; 1996 Act No. 349, Section 1, eff May 29, 1996; 2006 Act No. 318, Section 188, 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 58-27-1310. Lease of property and franchises.

Any electric light company organized under the laws of this State may lease its property and franchises to any other electric light company, upon such terms as may be agreed upon by a majority of the stockholders at a special meeting called after thirty days' advertisement.
HISTORY: 1962 Code Section 24-71; 1952 Code Section 24-71; 1942 Code Section 8187; 1932 Code Section 8187; Civ. C. '22 Section 4367; Civ. C. '12 Section 2881; 1908 (24) 1090.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1320. Municipality may purchase property operated under indeterminate permit.

Any electrical utility operating in a city or town under an indeterminate permit shall be deemed to have consented to the purchase by such city or town for just compensation, including severance damages, if any, of the property of such electrical utility operated in such city or town under such permit.
HISTORY: 1962 Code Section 24-72; 1952 Code Section 24-72; 1942 Code Section 8555-3; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1330. Notice of municipality's intent to acquire property of utility.

When the municipal council or other governing body of any city or town, after a public hearing of which at least thirty days' notice has been given, by ordinance or resolution duly adopted by a majority vote, expresses a desire and declares its purpose to acquire for the city or town the property of an electrical utility so operated therein as authorized under the provisions of this chapter, immediate notice by registered mail of the action of such municipal council or governing body shall be given by it to the commission and the Office of Regulatory Staff, to the electrical utility, and to all of its mortgagees or other lienors appearing of record in the county in which such city or town is situated.
HISTORY: 1962 Code Section 24-73; 1952 Code Section 24-73; 1942 Code Section 8555-3; 1932 (37) 1497; 2006 Act No. 318, Section 189, 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 58-27-1340. Determination of just compensation for purchase of electrical utility.

When the commission has been notified that a city or town has expressed its desire and purpose to purchase the property of the electrical utility operated under the indeterminate permit in the city or town and has also been notified that the parties to the purchase and sale are unable to agree upon the amount to be paid and received therefor, the commission must, after not less than thirty days' notice to the Office of Regulatory Staff, the city or town, and to the electrical utility, as well as to all of its mortgagees and lienors appearing of record in the county in which the city or town is situated, hold a public hearing upon the matter of just compensation, including severance damages if any, to be paid for the taking of the property by the city or town. Within a reasonable time after the public hearing, the commission must by order fix and determine and certify to the clerk of the city or town, to the electrical utility, and to any bondholder, mortgagee, lienor, or other interested party who has entered an appearance in the proceeding the just compensation, including the damages, if any. The order of the commission may be reviewed as provided in this chapter for the review of other orders of the commission. The commission must not be a party to an action for review.
HISTORY: 1962 Code Section 24-74; 1952 Code Section 24-74; 1942 Code Section 8555-3; 1932 (37) 1497; 2006 Act No. 318, Section 190, 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 58-27-1350. Payment of compensation and transfer of property after approval in municipal election.

After the amount of compensation and damages has been finally fixed the same shall be paid by the city or town and the property shall be transferred by the electrical utility within not more than ninety days, and upon such transfer the indeterminate permit of such electrical utility, to the extent that it applies to such city or town, shall be deemed cancelled. But such purchase by the city or town shall not be consummated unless approved by a majority vote of the electors in such city or town who are qualified to vote on its bonded indebtedness at an election held after the amount of the compensation and damages has been finally fixed. If such purchase is not approved by the electors or if so approved and the city or town shall not comply or legally tender compliance with its proposed purchase within ninety days after the amount of compensation and damages has been finally fixed, the electrical utility shall be released from its obligation to convey under the proceedings had.
HISTORY: 1962 Code Section 24-75; 1952 Code Section 24-75; 1942 Code Section 8555-3; 1932 (37) 1497.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1510. Service shall be adequate, efficient and reasonable.

Every electrical utility shall furnish adequate, efficient and reasonable service.
HISTORY: 1962 Code Section 24-91; 1952 Code Section 24-91; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1520. Ordering improvement of service.

Whenever the commission, after a hearing, finds that the service of any electrical utility is unreasonable, unsafe, inadequate, insufficient, or unreasonably discriminatory, the commission must determine the reasonable, safe, adequate, and sufficient service to be observed, furnished, enforced, or employed and must fix the service by its order, rule, or regulation.
HISTORY: 1962 Code Section 24-92; 1952 Code Section 24-92; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 192, 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 58-27-1530. Certain wires shall not be erected near public road.

No electric light or power wire shall be erected or maintained within fifty yards of any public road or highway in this State, unless it be so constructed, erected and maintained and provided with sufficient lightning guards or arresters, automatic cut-offs and other devices as may be necessary for the protection of persons and property. Any person erecting or maintaining any such wire in violation of the provisions hereof shall forfeit and pay as a penalty therefor five dollars a day for each day such violation continues after the expiration of thirty days from the date on which he may have been given a written notice specifying the fault or defect in the manner of erection, construction or maintenance thereof. Such penalty may be recovered at the suit of any citizen in any county in which such violation shall occur and the sum so recovered, after paying therefrom all the expenses incurred in the prosecution of such suit, shall be paid into the county treasury for such county for ordinary county purposes.
HISTORY: 1962 Code Section 24-93; 1952 Code Section 24-93; 1942 Code Section 8531; 1932 Code 8531; Civ. C. '22 Section 5015; Civ. C. '12 Section 3317; Civ. C. '02 Section 2211; 1899 (23) 61; 1904 (24) 490.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1540. System of accounts.

The Office of Regulatory Staff may, subject to the approval of the commission, establish a system of accounts to be kept by electrical utilities subject to its jurisdiction and may prescribe the manner in which the accounts must be kept. Every electrical utility must keep its books, papers, and records accurately and faithfully according to the system of accounts and all regulations and directions in relation thereto prescribed by the Office of Regulatory Staff.
HISTORY: 1962 Code Section 24-94; 1952 Code Section 24-94; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 193, 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 58-27-1550. Annual depreciation; depreciation reserve.

Every electrical utility may, and may be required to, charge annually as an operating expense a reasonable sum for depreciation and credit the sum to a reserve account for such purpose. The reserve account must be charged only with plant retirements and expenditures made to restore depreciated property. But if the reserve thus created shall at any time in the judgment of the Office of Regulatory Staff be excessive, the commission, after due hearing, shall issue an order as will result in the credits to the reserve thereafter conforming to actual facts and conditions as ascertained by the commission. The commission may control or limit the depreciation reserve.
HISTORY: 1962 Code Section 24-95; 1952 Code Section 24-95; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 194, 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 58-27-1560. Office of utility; removal of books and papers from State.

Each electrical utility shall have an office in one of the counties of this State in which its property or some part thereof is located and shall keep in such office all books, accounts, papers, and records as shall be required by the Office of Regulatory Staff to be kept within the State. No books, accounts, papers, or records required by the Office of Regulatory Staff to be kept within the State shall be removed at any time from the State, except upon such conditions as may be prescribed by the Office of Regulatory Staff.
HISTORY: 1962 Code Section 24-96; 1952 Code Section 24-96; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 195, 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 58-27-1570. Production of books and records.

The Office of Regulatory Staff may require the production within this State at a time and place as it may designate, of any books, accounts, papers, or records of the electrical utility relating to its business or affairs within the State, pertinent to any lawful inquiry and kept by such electrical utility in any office or place within or without this State or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the Office of Regulatory Staff or under its direction.
HISTORY: 1962 Code Section 24-97; 1952 Code Section 24-97; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 196, 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 58-27-1580. Furnishing information and reports; forms.

Every electrical utility must furnish the Office of Regulatory Staff in such form and in such detail as the Office of Regulatory Staff requires, subject to the approval of the commission, all tabulations, computations, and other information required by the Office of Regulatory Staff to carry into effect any of the provisions of this chapter and must make special answer to all questions submitted by the Office of Regulatory Staff. Each electrical utility receiving from the Office of Regulatory Staff any blanks with directions to fill out must cause the blanks to be properly filled out so as to answer fully and correctly each question propounded therein and it shall return the tabulations, computations, and other information to the Office of Regulatory Staff within the time required. But in case any electrical utility is unable to answer any question, it must so state with good and sufficient reasons therefor. When required by the Office of Regulatory Staff, each electrical utility must deliver to the Office of Regulatory Staff copies of any or all maps, profiles, contracts, franchises, reports, books, accounts, papers, and records in its possession or in any way relating to its property or affecting its business and also a complete inventory of its property in the form as the Office of Regulatory Staff directs. Each electrical utility must, when required by the Office of Regulatory Staff, furnish in such form as the Office of Regulatory Staff requires all such reports as it may be directed by the Office of Regulatory Staff to furnish in relation to its operations, property, or business, and the Office of Regulatory Staff may require either periodical or special reports concerning any matter as to which it desires to inquire in order to keep itself informed in the performance of its duties under this chapter. All reports must be under oath by the officer or officers of the electrical utility as may be required by the Office of Regulatory Staff.
HISTORY: 1962 Code Section 24-98; 1952 Code Section 24-98; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 197, 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 58-27-1590. Meters to measure electricity going into or out of State; records and reports.

When an electrical utility is engaged in both interstate business and intrastate business in this State and at any time transmits electricity either into or from this State (a) by the use, either wholly or in part, of any transmission line or other facilities also used in intrastate service in this State, (b) if the electricity is generated by the use, either wholly or in part, of any facilities also used in intrastate service in this State, or (c) if the electricity is a part of any supply of electricity acquired by purchase, exchange, or any means other than actual generation and any part of the supply of electricity is also at any time used in intrastate service in this State, the commission may require the electrical utility to maintain at or near the state line, within this State, a meter or meters of a type or types to be approved by the commission before installation which must accurately and separately measure and register the electricity coming into and going out of this State. Any such electrical utility shall make records and reports of the meter readings as the Office of Regulatory Staff requires, all to the end that the Office of Regulatory Staff, in the performance of its duties in relation to intrastate operations and rates in this State, may at all times be able to determine with reasonable accuracy the results of the intrastate operations in this State of the electrical utility apart from its interstate operation or its operations in any other state or states and to segregate with reasonable precision the property devoted to interstate service or to the services of any other state or states.
HISTORY: 1962 Code Section 24-99; 1952 Code Section 24-99; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 198, 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 58-27-1710. Securities shall not be issued without approval of Commission; exceptions.

No electrical utility, except a municipality, shall issue any securities without the approval of the Commission. Nothing herein contained shall apply to any issue of securities payable within one year from the date thereof, except in case of issues made to refund such short-time obligations; but such short-time obligations may be renewed by similar obligations without the approval of the Commission for an aggregate period of not exceeding two years.
HISTORY: 1962 Code Section 24-81; 1952 Code Section 24-81; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1720. Application for approval.

Any electrical utility, except a municipality, desiring to issue any securities may apply to the commission for approval of the proposed issue by filing with the commission and providing a copy of an application to the Office of Regulatory Staff, together with a statement verified by (a) its president and secretary or other proper officers, (b) two of its incorporators, or (c) by its owner or owners, if it has no such officers, setting forth:
(1) the amount and character of securities proposed to be issued;
(2) the purpose for which they are to be issued;
(3) the consideration for which they are to be issued;
(4) the description and estimated value of the property, if any, to be acquired through the proposed issue;
(5) the terms and conditions of their issuance; and
(6) the financial condition of the electrical utility and its previous operations so far as relevant.
HISTORY: 1962 Code Section 24-82; 1952 Code Section 24-82; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 199, 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 58-27-1730. Investigation and hearing as to value of issue of securities; certificate of authority.

The Office of Regulatory Staff must thereupon make an investigation as may be necessary, at which investigation the electrical utility is entitled to be heard before the commission. The commission must determine whether the purpose of the issue is proper, value the property or services, if any, to be acquired by the issue, and find and determine the amount of such securities reasonably necessary for the purpose for which they are to be issued. To the extent that the commission approves the proposed issue, it must grant to the electrical utility a certificate of authority stating:
(1) the amount of the securities reasonably necessary for the purpose for which they are to be issued and the character of the securities; and
(2) the value of any property or services, if any, to be acquired thereby. Nothing herein contained shall be construed to impose or imply any guaranty or obligation as to the securities on the part of the State or any agency thereof, nor shall the commission, by virtue of the approval of the issuance of such securities, be deemed to be required to prescribe or approve any rate for the reason that such rate may be necessary to provide funds reasonably sufficient to retire such securities or the interest thereon.
HISTORY: 1962 Code Section 24-83; 1952 Code Section 24-83; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 2006 Act No. 318, Section 200, 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 58-27-1740. Limitation of amount and use of proceeds of issue.

Such electrical utility shall not issue any securities in greater amounts than specified in such certificate and shall apply the proceeds of such issue to the purposes specified in its petition.
HISTORY: 1962 Code Section 24-84; 1952 Code Section 24-84; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1750. Certain sales of securities by or to employees prohibited.

No electrical utility shall:
(1) Permit any employee to sell, offer for sale or solicit the purchase of any security of such utility or of any other person or corporation during such hours as such employee is engaged to perform any duty of such electrical utility;
(2) By any means or device whatsoever require any employee to purchase or contract to purchase any of its securities or those of any other person or corporation; nor
(3) Require any employee to permit the deduction from his wages or salary of any sum as a payment or to be applied as a payment on any purchase or contract to purchase any security of such electrical utility or of any other person or corporation.
HISTORY: 1962 Code Section 24-85; 1952 Code Section 24-85; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1760. Permissible sales of securities to employees.

Operating electrical utility companies may offer to their employees opportunities to purchase their securities, and may permit deductions from their wages or salaries to be applied on the payment of such purchases; provided that such offers shall permit only bona fide voluntary action on the part of the employees, and shall in no way require or coerce any employee into entering into or subscribing to any such plan.
HISTORY: 1962 Code Section 24-86; 1953 (48) 312.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1910. Promulgation of rules governing pleadings, practice and procedure.

The Commission may prescribe rules governing pleadings, practice and procedure before it not inconsistent with the provisions of this chapter or any other provisions of law.
HISTORY: 1962 Code Section 24-131; 1952 Code Section 24-131; 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 58-27-1920. Rules governing hearings and proceedings.

All hearings and proceedings must be governed by law and by rules of practice and procedure adopted by the commission.
HISTORY: 1962 Code Section 24-132; 1952 Code Section 24-132; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 201, 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 58-27-1930. Additional hearings; notice.

The Commission may, in addition to the hearings specifically provided for by this chapter, conduct such other hearings as may be required in the administration of the powers and duties conferred upon it by this chapter and by other acts relating to electrical utilities. Notice of all such hearings shall be given those interested therein.
HISTORY: 1962 Code Section 24-133; 1952 Code Section 24-133; 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 58-27-1940. Petition alleging improper act by electrical utility.

Any person, corporation, or municipality having an interest in the subject matter, including any electrical utility concerned, may petition in writing setting forth any act or thing done or omitted to be done by any electrical utility in violation, or claimed violation, of any law which the commission has jurisdiction to administer or of any order or rule of the commission.
HISTORY: 1962 Code Section 24-134; 1952 Code Section 24-134; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 202, 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 58-27-1950. Service of copy of complaint.

Upon the filing of a petition, the commission must cause a copy thereof to be served upon the person, corporation, or electrical utility which is the subject of the petition, and the Office of Regulatory Staff.
HISTORY: 1962 Code Section 24-135; 1952 Code Section 24-135; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 203, 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 58-27-1960. Issuance and service of subpoenas and other process.

The Commission and each commissioner may issue subpoenas, subpoenas duces tecum and all other necessary processes in proceedings pending before it, and such process shall extend to all parts of the State and may be served by any person authorized by law to serve processes.
HISTORY: 1962 Code Section 24-136; 1952 Code Section 24-136; 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 58-27-1970. Service of pleadings and notices.

Service of all pleadings or notices in all hearings and proceedings pending before the commission, except service of the processes provided for by Section 58-27-1960, may be made personally or by mail as the commission may direct.
HISTORY: 1962 Code Section 24-137; 1952 Code Section 24-137; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 204, 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 58-27-1980. Time, place and notice of hearing.

The Commission shall fix the time and place of all hearings and shall serve notice thereof not less than twenty days before the time set for such hearing, unless the Commission shall find that public necessity requires that such hearing be held at an earlier date, in which event the notice shall be reasonable in view of all the circumstances.
HISTORY: 1962 Code Section 24-138; 1952 Code Section 24-138; 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 58-27-1990. Dismissal of petition without hearing.

The commission may dismiss any petition without a hearing if in its opinion a hearing is not necessary in the public interest or for the protection of substantial rights.
HISTORY: 1962 Code Section 24-139; 1952 Code Section 24-139; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 205, 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 58-27-2000. Administration of oaths; examination of witnesses; certification of official acts.

For the purposes mentioned in this chapter, commissioners may administer oaths, examine witnesses, consistent with the Code of Judicial Conduct, and certify official acts.
HISTORY: 1962 Code Section 24-140; 1952 Code Section 24-140; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 206, 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 58-27-2010. Contempt proceedings.

In case of failure on the part of any person to comply with any lawful order of the commission or of any commissioner or with any subpoena or subpoena duces tecum or in the case of the refusal of any witness to testify concerning any matter on which he may be interrogated lawfully, any court of record of general jurisdiction, or a judge thereof, may, on application of a party requesting a subpoena, compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. The commission must not be a party to any proceeding.
HISTORY: 1962 Code Section 24-141; 1952 Code Section 24-141; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 207, 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 58-27-2020. Hearing before one or more commissioners.

Any hearing which the commission has power to hold may be held before any one or more of the commissioners; however, the commissioner or commissioners must have been authorized by the commission to hold the hearing. Each hearing before a commissioner or commissioners must be considered the hearing of the commission. Any determination, ruling, or order of a commissioner or commissioners, upon a hearing held by him or them, must not become effective until due notice has been given to the commission and the determination, ruling, or order has been approved and confirmed by at least a quorum of the commission and ordered to be filed in its office. Upon such confirmation and order, the determination, ruling, or order shall be the determination, ruling, or order of the commission.
HISTORY: 1962 Code Section 24-142; 1952 Code Section 24-142; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 208, 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 58-27-2030. Employment and duties of special agent or examiner.

In any hearing, the commission may employ a special agent or examiner who shall have power to administer oaths, examine witnesses, consistent with the Code of Judicial Conduct, and receive evidence in any locality which the commission, having regard to the public convenience and the proper discharge of its functions and duties, may designate. The testimony and evidence so taken or received shall have the same force and effect as if taken or received by the commission or any one or more of the commissioners as above provided.
HISTORY: 1962 Code Section 24-143; 1952 Code Section 24-143; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 209, 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 58-27-2040. Persons entitled to be heard at hearing and to introduce evidence.

At the time fixed for any hearing before the commission or the time to which the same may have been continued, the petitioner and the person, corporation, or the affected electrical utility is entitled to be heard and to introduce evidence, in person or by attorney.
HISTORY: 1962 Code Section 24-144; 1952 Code Section 24-144; 1942 Code Section 8555-5; 1932 (37) 1497; 2006 Act No. 318, Section 210, eff May 24, 2006.