reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-140. Parties to certification proceedings; limited appearances; intervention.

(1) The parties to a certification proceeding shall include:
(a) the applicant;
(b) the Office of Regulatory Staff, the Department of Health and Environmental Control, the Department of Natural Resources, and the Department of Parks, Recreation and Tourism;
(c) each municipality and government agency entitled to receive service of a copy of the application under subsection (2) of Section 58-33-120 if it has filed with the commission a notice of intervention as a party within thirty days after the date it was served with a copy of the application; and
(d) any person residing in a municipality entitled to receive service of a copy of the application under subsection (2) of Section 58-33-120, any domestic nonprofit organization, formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health, or other biological values, to preserve historical sites, to promote consumer interest, to represent commercial and industrial groups, or to promote the orderly development of the area in which the facility is to be located; or any other person, if such a person or organization has petitioned the commission for leave to intervene as a party, within thirty days after the date given in the published notice as the date for filing the application, and if the petition has been granted by the commission for good cause shown.
(2) Any person may make a limited appearance in the sixty days after the date given in the published notice as the date for filing the application. No person making a limited appearance shall be a party or shall have the right to present oral testimony or argument or cross-examine witnesses.
(3) The commission may, in extraordinary circumstances for good cause shown, and giving consideration to the need for timely start of construction of the facility, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person, or organization which is identified in paragraphs (b) or (c) of subsection (1) of this section, but which failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
HISTORY: 1962 Code Section 58-1813; 1971 (57) 889; 1993 Act No. 181, Section 1568, eff July 1, 1994; 2006 Act No. 318, Section 223, 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 58-33-150. Record of proceedings; consolidation of representation of parties.

A record shall be made of the hearing and of all testimony taken and the cross-examination thereon. Upon request of a party, either before or after the decision, a State agency which proposes to or does require a condition to be included in the certificate as provided for in Section 58-33-160 shall furnish for the record all factual findings, documents, studies, rules, regulations, standards, or other documentation, supporting the condition. The Commission may provide for the consolidation of the representation of parties having similar interests.
HISTORY: 1962 Code Section 58-1814; 1971 (57) 889.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-160. Decision of Commission.

(1) The Commission shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions or modifications of the construction, operation or maintenance of the major utility facility as the Commission may deem appropriate; such conditions shall be as determined by the applicable State agency having jurisdiction or authority under statutes, rules, regulations or standards promulgated thereunder, and the conditions shall become a part of the certificate. The Commission may not grant a certificate for the construction, operation and maintenance of a major utility facility, either as proposed or as modified by the Commission, unless it shall find and determine:
(a) The basis of the need for the facility.
(b) The nature of the probable environmental impact.
(c) That the impact of the facility upon the environment is justified, considering the state of available technology and the nature and economics of the various alternatives and other pertinent considerations.
(d) That the facilities will serve the interests of system economy and reliability.
(e) That there is reasonable assurance that the proposed facility will conform to applicable State and local laws and regulations issued thereunder, including any allowable variance provisions therein, except that the Commission may refuse to apply any local law or local regulation if it finds that, as applied to the proposed facility, such law or regulation is unreasonably restrictive in view of the existing technology, or of factors of cost or economics or of the needs of consumers whether located inside or outside of the directly affected government subdivisions.
(f) That public convenience and necessity require the construction of the facility.
(2) If the Commission determines that the location of all or a part of the proposed facility should be modified, it may condition its certificate upon such modification, provided that the municipalities and persons residing therein affected by the modification shall have been given reasonable notice.
(3) A copy of the decision and any opinion shall be served by the Commission upon each party.
HISTORY: 1962 Code Section 58-1815; 1971 (57) 889.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-170. Opinion of Commission.

In rendering a decision on an application for a certificate, the Commission shall issue an opinion stating its reasons for the action taken. If the Commission has found that any regional or local law or regulation, which would be otherwise applicable, is unreasonably restrictive pursuant to paragraph (e) of subsection (1) of Section 58-33-160, it shall state in its opinion the reasons therefor.
HISTORY: 1962 Code Section 58-1816; 1971 (57) 889.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-180. Additional requirements regarding construction of a major utility facility.

(A)(1) In addition to the requirements of Articles 1, 3, 5, and 7 of Chapter 33, Title 58, a certificate for the construction of a major utility facility shall be granted only if the Public Service Authority demonstrates and proves by a preponderance of the evidence and the commission finds:
(a) the construction of a major utility facility constitutes a more cost-effective means for serving direct serve and wholesale customers than other feasibly available long-term power supply alternatives and provides less ratepayer risk while maintaining safe and reliable electric service than other feasibly available long-term power supply alternatives; and
(b) energy efficiency measures; demand-side management; renewable energy resource generation; available long-term power supply alternatives, or any combination thereof, would not establish or maintain a more cost-effective and reliable generation system and that the construction and operation of the facility is in the public interest.
(2) Available long-term power supply alternatives may include, but are not limited to, power purchase agreements, competitive procurement of renewable energy, joint dispatch agreements, market purchases from an existing regional transmission organization, joining or creating a new regional transmission organization, using best available technology for energy generation, transmission, storage and distribution, or any combination thereof.
(3) The commission shall consider any previous analysis performed pursuant to Section 58-37-40 in acting upon any petition by the Public Service Authority pursuant to this section. The commission shall also take into account the Public Service Authority's resource and fuel diversity, reasonably anticipated future operating costs, arrangements with other electric utilities for interchange of power, pooling of plants, purchase of power and other alternative methods for providing reliable, efficient, and economical electric service.
(B) The Public Service Authority shall file an estimate of construction costs in such detail as the commission may require. No certificate shall be granted unless the commission has approved the estimated construction costs and made a finding that construction will be consistent with the Authority's commission-approved plan for expansion of electric generating capacity.
HISTORY: 2021 Act No. 90 (H.3194), Section 20, 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 58-33-190. Additional requirements regarding purchase of a major utility facility.

(1) The Public Service Authority may not enter into a contract for the purchase of power with a duration longer than ten years without approval of the Public Service Commission of South Carolina, provided that the approval is required only to the extent the transaction is not subject to the exclusive jurisdiction of the Federal Energy Regulatory Commission or any other federal agency. This section does not apply to purchases of renewable power through a commission approved competitive procurement process.
(2) The commission shall consider any previous analysis performed pursuant to Section 58-37-40 in acting upon any petition by the Public Service Authority pursuant to this section. The commission shall also take into account the Public Service Authority's resource and fuel diversity, reasonably anticipated future operating costs, arrangements with other electric utilities for interchange of power, pooling of plants, purchase of power, and other alternative methods for providing reliable, efficient, and economical electric service.
(3) The commission may not grant approval unless it shall find and determine that the proposed transaction is in the best interests of the retail and wholesale customers of the Public Service Authority.
HISTORY: 2021 Act No. 90 (H.3194), Section 20, 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 58-33-210. Citation and applicability of article.

This article is known, and may be cited, as the "Base Load Review Act" and is applicable to utilities as defined in Section 58-33-220 of this article.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
Editor's Note
2007 Act No. 16, Section 1.(A), provides as follows:
"The purpose of Article 4 of Chapter 33 of Title 58, added by Section 2 of this act, is to provide for the recovery of the prudently incurred costs associated with new base load plants, as defined in Section 58-33-220 of Article 4, when constructed by investor-owned electrical utilities, while at the same time protecting customers of investor-owned electrical utilities from responsibility for imprudent financial obligations or costs."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-230. Filing applications for proposed construction with commission; copy to and role of Office of Regulatory Staff; application for certificate under Utility Facility Siting and Environmental Protection Act for plants inside South Carolina and plants outside South Carolina serving residents.

(A) Any utility proposing to construct a plant, individually or jointly with other parties, may elect to come under the terms of this article by filing an application or combined application with the commission, and by serving a copy of that application or combined application on the Office of Regulatory Staff.
(B) If the plant is to be located in South Carolina and no application for a certificate under the Utility Facility Siting and Environmental Protection Act has previously been granted or is then pending, the utility shall file a combined application under this article.
(C) If the plant is to be located outside South Carolina but will serve retail customers in this State, the utility shall file a combined application, but as to the Utility Facility Siting and Environmental Protection Act, the combined application shall address only the requirements of Section 58-33-160(1)(a), (d), and (f), and information pertaining to the environmental impacts of the plant may not be included in the combined application. In issuing the resulting order as to the Utility Facility Siting and Environmental Protection Act, the commission shall make the determinations required under Section 58-33-160(1)(a), (d) and (f) only.
(D) For plants located outside South Carolina that will serve retail customers in this State, the issuance of a certificate for the plant by the host state after a review of issues comparable to those considered under Section 58-33-160(1)(a), (d) and (f) of the Utility Facility Siting and Environmental Protection Act shall create a rebuttable presumption that the requirements of those sections are satisfied.
(E) An application or combined application may be combined with a general rate proceeding application at the utility's option.
(F) The Office of Regulatory Staff shall safeguard the public interest in all matters arising under this article. It shall have full audit rights related to all matters arising under this article and shall review the reasonableness and necessity of all costs to be recovered under this article.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-240. Applicability of procedural requirements for general rate proceedings; notice; burden of proof as to prudence of decision to build plant; deadlines.

(A) Except as otherwise specified in this article, all procedural requirements that apply to general rate proceedings by law or regulation shall apply to proceedings and combined proceedings, to revised rates proceedings, and to the judicial review of orders issued under this article. The requirements related to the form and content of applications in general rate proceedings, however, only shall apply to proceedings or combined proceedings which include an application for new electric rates under Section 58-27-860 and only shall apply to that part of the application or combined application which is filed under Section 58-27-860.
(B) As to combined proceedings, the procedural requirements related to general rate proceedings shall control over any inconsistent provisions in other statutes; provided, however, that provisions of Section 58-33-140 of the Utility Facility Siting and Environmental Protection Act related to parties and appearances shall apply to proceedings involving facilities located in this State to the extent parties seek to appear to raise issues arising under that act.
(C) In proceedings to review revised rates orders, no further notice to the public, customers, and others is required additional to that provided upon filing of the proceeding or combined proceeding. In proceedings to review revised rates orders, the utility's revised rates filing shall serve as the application and the utility must be considered to be the applicant.
(D) In proceedings and combined proceedings, the utility shall have the burden of proving that the decision to build the plant was prudent, and shall have the burden of proof as to all matters on which the commission is required to enter findings under Section 58-33-270(A), (B), (C), (D), and (E). Without in any way limiting the conclusive effect of determinations under Section 58-33-225 and Section 58-33-275, in cases where this statute allows a party to challenge the prudency of any transaction, cost, or decision of the utility, that party shall be required to make a prima facie case establishing imprudence, and thereafter the burden of proof shall shift to the utility to demonstrate the prudence of the transaction cost, or decision by a preponderance of the evidence.
(E) In proceedings and combined proceedings, the deadlines contained in Section 58-27-870(B) and (C) shall be nine months.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-250. Application for baseline review; contents.

The application for a base load review order under this article shall include:
(1) information showing the anticipated construction schedule for the plant;
(2) information showing the anticipated components of capital costs and the anticipated schedule for incurring them;
(3) information showing the projected effect of investment in the plant on the utility's overall revenue requirement for each year during the construction period;
(4) information identifying:
(a) the specific type of units selected for the plant;
(b) the suppliers of the major components of the plant; and
(c) the basis for selecting the type of units, major components, and suppliers;
(5) information detailing the qualification and selection of principal contractors and suppliers, other than those listed in item (4)(c) above, for construction of the plant;
(6) information showing the anticipated in-service expenses associated with the plant for the twelve months following commencement of commercial operation adjusted to normalize any atypical or abnormal expense levels anticipated during that period;
(7) information required by Section 58-33-270(B)(6);
(8) information identifying risk factors related to the construction and operation of the plant;
(9) information identifying the proposed rate design and class allocation factors to be used in formulating revised rates;
(10) information identifying the return on equity proposed by the utility pursuant to Section 58-33-220(16); and
(11) the revised rates, if any are requested, that the utility intends to put in place after issuance of the resulting base load review order.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-260. Combined application; contents.

(A) A combined application must contain:
(1) an introduction;
(2) material required by law or regulation to be contained in an application filed under the Utility Facility Siting and Environmental Protection Act, except that combined applications associated with plants located outside South Carolina shall address only Section 58-33-160(1)(a), 58-33-160(1)(d), and 58-33-160(1)(f) and information pertaining to the environmental impacts of the plant may not be included in the combined application;
(3) the material required by law or regulation to be contained in an application under this article, including the material required under Section 58-33-250;
(4) if combined with a general rate proceeding, the material required to be filed by law or regulation in applications for the establishment of new rates under Section 58-27-860; and
(5) if the plant is located outside South Carolina, a copy of the order from the host state granting a certificate or other authorization similar to that granted under the Utility Facility Siting and Environmental Protection Act.
(B) Where the same information is required in different sections of the combined application, it may be set forth once and cross-referenced as appropriate.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-275. Base load review orders; parameters; challenges; recovery of capital costs.

(A) A base load review order shall constitute a final and binding determination that a plant is used and useful for utility purposes, and that its capital costs are prudent utility costs and expenses and are properly included in rates so long as the plant is constructed or is being constructed within the parameters of:
(1) the approved construction schedule including contingencies; and
(2) the approved capital costs estimates including specified contingencies.
(B) Determinations under Section 58-33-275(A) may not be challenged or reopened in any subsequent proceeding, including proceedings under Section 58-27-810 and other applicable provisions and Section 58-33-280 and other applicable provisions of this article.
(C) So long as the plant is constructed or being constructed in accordance with the approved schedules, estimates, and projections set forth in Section 58-33-270(B)(1) and 58-33-270(B)(2), as adjusted by the inflation indices set forth in Section 58-33-270(B)(5), the utility must be allowed to recover its capital costs related to the plant through revised rate filings or general rate proceedings.
(D) Changes in fuel costs will not be considered in conducting any evaluation under this section.
(E) In cases where a party proves by a preponderance of the evidence that there has been a material and adverse deviation from the approved schedules, estimates, and projections set forth in Section 58-33-270(B)(1) and 58-33-270(B)(2), as adjusted by the inflation indices set forth in Section 58-33-270(B)(5), the commission may disallow the additional capital costs that result from the deviation, but only to the extent that the failure by the utility to anticipate or avoid the deviation, or to minimize the resulting expense, was imprudent considering the information available at the time that the utility could have acted to avoid the deviation or minimize its effect.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-277. Reports; contents; on-going monitoring by Office of Regulatory Staff.

(A) After issuance of a base load review order approving rate recovery for capital costs related to the plant, the utility will file reports with the Office of Regulatory Staff quarterly until the plant begins commercial operation. These reports must be filed no later than forty-five days after the close of a quarter, shall not be combined with any other filing, and shall contain the following information:
(1) the progress of construction of the plant;
(2) updated construction schedules;
(3) schedules of the capital costs incurred including updates to the information required by Section 58-33-270(B)(5);
(4) updated schedules of the anticipated capital costs; and
(5) other information as the Office of Regulatory Staff may require.
(B) The Office of Regulatory Staff shall conduct on-going monitoring of the construction of the plant and expenditure of capital through review and audit of the quarterly reports under this article, and shall have the right to inspect the books and records regarding the plant and the physical progress of construction upon reasonable notice to the utility.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-285. Review of revised rates order or failure to issue such order; Office of Regulatory Staff as party; intervention.

(A) Within thirty days of the issuance of a revised rates order pursuant to Section 58-33-280(E) of this article, or within thirty days of the failure by the commission to issue a revised rates order as required pursuant to Section 58-33-280(E), any aggrieved party may petition the commission for review of the revised rates order or of the failure to issue a revised rates order.
(B) The Office of Regulatory Staff and the utility must be automatic parties to any proceedings under this section.
(C) In filing for intervention under this section, intervenors shall identify with particularity the specific issues they intend to raise with regard to the revised rates order.
(D) The party seeking review of the revised rates order shall serve a copy of such petition on the Office of Regulatory Staff and the utility on the same day and by the same means as it is provided to the commission.
(E) Any filing under this section must be considered a new proceeding subject to the provisions of Section 58-33-240. The commission shall open a single new docket for all filings related to any one set of revised rates filed under this article.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-290. Effect of denial of or failure to seek project development application; filing new or amended applications.

The denial of a project development application, application, or combined application under this article shall not preclude the utility from filing a new or amended project development application, application, or combined application at any time. A utility may proceed to construct a plant even if assurance of prudency or cost recovery under this article is not sought or is denied, and the failure to seek or obtain such an assurance may not be used as evidence or precedent in any future proceeding.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-298. Application of limitations on rate filings in Section 58-27-870(E).

Filings under this article may not be considered in applying the limitations on rate filings contained in Section 58-27-870(E).
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-310. Appeal from final order or decision.

Any party may appeal, in accordance with Section 1-23-380, from all or any portion of any final order or decision of the commission, including conditions of the certificate required by a state agency under Section 58-33-160 as provided by Section 58-27-2310. Any appeals may be called up for trial out of their order by either party. The commission must not be a party to an appeal.
HISTORY: 1962 Code Section 58-1820; 1971 (57) 889; 2006 Act No. 318, Section 224, 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 58-33-320. Jurisdiction of courts.

Except as expressly set forth in Section 58-33-310, no court of this State shall have jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the commission under this chapter or to stop or delay the construction, operation, or maintenance of a major utility facility, except to enforce compliance with this chapter or the provisions of a certificate issued hereunder, and any such action shall be brought only by the Office of Regulatory Staff. Provided, however, nothing herein contained shall be construed to abrogate or suspend the right of any individual or corporation not a party to maintain any action which he might otherwise have been entitled.
HISTORY: 1962 Code Section 58-1821; 1971 (57) 889; 2006 Act No. 318, Section 225, 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 58-33-410. Authority of other agencies or local governments; application of other laws.

Notwithstanding any other provision of law, no State or regional agency, or municipality or other local government may require any approval, consent, permit, certificate or other condition for the construction, operation or maintenance of a major utility facility authorized by a certificate issued pursuant to the provisions of this chapter; provided, that nothing herein shall prevent the application of State laws for the protection of employees engaged in the construction, operation or maintenance of such facility; provided, however, that State agencies shall continue to have authority to enforce compliance with applicable State statutes, rules, regulations or standards promulgated within their authority.
HISTORY: 1962 Code Section 58-1830; 1971 (57) 889.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 33 - Utility Facility Siting And Environmental Protection › Section 58-33-420. Joint hearings with agencies from other states; agreements and compacts; joint investigations.

The commission, in the discharge of its duties under this chapter or any other statute, is authorized to hold joint hearings within or without the State and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any other state of the United States, whether in the holding of any hearings, or in the making of such orders, the commission shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce or as an agency of the United States, or otherwise. The commission, in the discharge of its duties under this chapter, is authorized to enter into agreements or compacts with agencies of other states, pursuant to any consent of Congress, for cooperative efforts in certificating the construction, operation, and maintenance of major utility facilities in accord with the purposes of this chapter and for the enforcement of the respective state laws regarding same. The commission may request the Office of Regulatory Staff to make joint investigations with any official board or commission of any state or of the United States.
HISTORY: 1962 Code Section 58-1831; 1971 (57) 889; 2006 Act No. 318, Section 226, 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 58-33-430. Annual reports shall be furnished by public utilities.

Each public utility shall annually furnish a report to the commission and provide to the Office of Regulatory Staff for its review containing a ten-year forecast of loads and resources; provided, however, this section shall not apply to any electric cooperative. The report shall list the major utility facilities which, in the judgment of such utility, will be required to supply system demands during the forecast period. The forecast shall cover the ten-year period next succeeding the date of the report, shall be made available to the public, and furnished upon request to municipalities and government agencies charged with the duty of protecting the environment or of planning land use.
HISTORY: 1962 Code Section 58-1832; 1971 (57) 889; 2006 Act No. 318, Section 227, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 34 - Determination Of Electricity Rates › Section 58-34-10. Merger agreement; rate increases.

(A) The investor-owned utility holding the majority interest in the V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Carolina, has entered into a merger agreement with an out-of-state investor-owned utility. This merger agreement contemplates the continuation of rate increases imposed under the Base Load Review Act contained in Article 4, Chapter 33, Title 58.
(B) Pursuant to the authority vested in the General Assembly by Section 1, Article IX of the Constitution of this State, the General Assembly is required to regulate investor-owned utilities in order to protect the public interest. The General Assembly has determined that Section 1, Article IX of the Constitution requires that the General Assembly exercise its authority to set certain utility rates for the purpose of protecting the public interest until a determination can be made by the appropriate regulatory and judicial authorities. This rate shall apply to all customers of the investor-owned utility identified in subsection (A), which has imposed nine rate increases for the purpose of funding the V.C. Summer project.
HISTORY: 2018 Act No. 258 (H.4375), Section 3, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 34 - Determination Of Electricity Rates › Section 58-34-20. Experimental rate during pendency of litigation.

Within five calendar days after the effective date of this chapter, the Public Service Commission, by order, is directed to exercise its authority pursuant to Section 58-27-870(F) to provide an experimental rate that customers of the utility identified in Section 58-34-10 shall pay during the pendency of litigation currently before the commission which shall include full and final compliance by the utility with the order issued by the Public Service Commission under this section or until replaced by an order of the commission under Section 58-34-30. This experimental rate shall cause rates to be reduced on a going forward basis in an amount equal to the electric utility rates these ratepayers are paying reduced by the following rate increases imposed under the provisions of the Base Load Review Act in the Public Service Commission's orders Docket No. 2011-207-E, Order No. 2011-738, Docket No. 2012-186-E, Order No. 2012-761, Docket No. 2013-150-E, Order No. 2013-680(A), Docket No. 2014-187-E, Order No. 2014-785, Docket No. 2015-160-E, Order No. 2015-712, Docket No. 2016-224-E, Order No. 2016-758, for the period of no earlier than April 1, 2018, until the issuance of the Public Service Commission's final order on the merits on the matters before the commission.
HISTORY: 2018 Act No. 258 (H.4375), Section 3, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 34 - Determination Of Electricity Rates › Section 58-34-30. Monitoring and adjustment of experimental rate.

Notwithstanding any other provision of law, the experimental rate set pursuant to Section 58-34-20 shall remain in full force and effect during the pendency of the matters before the commission. However, the commission shall monitor the net effect of the experimental rate and may alter the experimental rate, on its own motion, only if it determines that an adjustment to the experimental rate is necessary to satisfy constitutional requirements of utility ratemaking. If required to adjust the rate, the commission shall, under applicable provisions of law, determine the just and reasonable rates for these ratepayers after considering all factors and evidence. In determining such rate and in considering the constitutionally allowable zone of reasonableness in which rates may properly fall, the commission is directed to set the lowest possible rate within the zone of reasonableness. Nothing herein prevents the commission from adopting as its own rate the experimental rate directed by the General Assembly in Section 58-34-10 and ordered pursuant to Section 58-34-20.
HISTORY: 2018 Act No. 258 (H.4375), Section 3, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 34 - Determination Of Electricity Rates › Section 58-34-40. Suspension of conflicting provisions.

Any provision of Article 7, Chapter 27, Title 58 in conflict with the provisions of this chapter, including, but not limited to, Section 58-27-870(B), are suspended for purposes of the utility rates provided for by this chapter and for any pending matters related to V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Carolina, pending before the commission on or after the effective date of this chapter. The suspension remains in effect during the pendency of any litigation or appeal concerning the experimental or interim rates directed by the General Assembly or ordered by the Public Service Commission pursuant to this chapter, or related issues surrounding the establishment of these rates, until a final determination of the matter, including any subsequent appeals, is made by the appropriate court.
HISTORY: 2018 Act No. 258 (H.4375), Section 3, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 34 - Determination Of Electricity Rates › Section 58-34-50. Suspension of time limitations.

Section 58-27-930 and the time limitations contained in Section 58-33-240 (A) and (E) are hereby suspended for purposes of the utility rates provided for by this chapter and for any pending matters related to V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Carolina, pending before the commission on or after the effective date of this chapter. The suspension remains in effect during the pendency of any litigation or appeal concerning the experimental or interim rates directed by the General Assembly or ordered by the Public Service Commission pursuant to this chapter, or related issues surrounding the establishment of these rates, until a final determination of the matter, including any subsequent appeals, is made by the appropriate court.
HISTORY: 2018 Act No. 258 (H.4375), Section 3, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 36 - Underground Facility Damage Prevention Act › Section 58-36-30. Ordinances superseded and preempted; effect of permit on liability.

(A) The provisions in this chapter supersede and preempt any ordinance enacted by a local political subdivision that purports to:
(1) require operators to obtain permits from local governments in order to identify facilities;
(2) require pre-marking or marking of facilities;
(3) specify the types of paint or other marking devices that are used to identify facilities; or
(4) require removal of marks.
(B) A permit issued pursuant to law authorizing an excavation or demolition shall not be deemed to relieve a person from the responsibility for complying with the provisions of this chapter.
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 36 - Underground Facility Damage Prevention Act › Section 58-36-40. Costs or expenses of compliance; liability for damage or injury.

(A) Any costs or expenses associated with compliance by an excavator with the requirements in this chapter applicable to excavators shall not be charged to any operator. Any costs or expenses associated with compliance by an operator with the requirements in this chapter applicable to operators shall not be charged to any excavator. Neither the association nor the notification center may impose any charge on any person giving notice to the notification center.
(B) This section shall not excuse an operator or excavator from liability for any damage or injury for which it would be responsible under applicable law.
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 36 - Underground Facility Damage Prevention Act › Section 58-36-80. Emergency excavations or demolitions exempt from notice requirement; liability for damages.

(A) An excavator performing an emergency excavation or demolition is exempt from the notice requirements in Section 58-36-60. However, the excavator must give, as soon as practicable, oral notice of the emergency to the notification center and the facility operator. The excavator must provide a description of the circumstances to the notification center and request emergency assistance from each affected operator in locating and providing immediate protection to the facilities.
(B) The declaration of an emergency excavation or demolition does not relieve any party of liability for causing damage to an operator's facilities, even if those facilities are unmarked.
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 36 - Underground Facility Damage Prevention Act › Section 58-36-90. Notice of damages.

(A) The excavator performing an excavation or demolition that results in any damage to a facility must, immediately upon discovery of such damage, notify the notification center and the facility operator, if known, of the location and nature of the damage. The excavator must allow the operator reasonable time to accomplish necessary repairs before completing the excavation or demolition in the immediate area of such facility. The excavator shall delay any backfilling in the immediate area of the damaged facility until authorized by the operator. The repair of any damage shall be performed by the operator or by qualified personnel authorized by the operator.
(B) An excavator responsible for any excavation or demolition that results in damage to a facility where damage results in the escape of any flammable, toxic, or corrosive gas or liquid, or electricity, or endangers life, health, or property, immediately shall notify emergency services, including 911, the notification center and the operator, if known. The excavator must take reasonable measures to protect themselves, those in immediate danger, the general public, property, and the environment until the operator or emergency responders have arrived and completed their assessment.
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 36 - Underground Facility Damage Prevention Act › Section 58-36-100. Design requests; operator response.

(A) A designer may submit a design request to the notification center. The design request shall describe the tract or parcel of land for which the design request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the notification center, so that the operator can ascertain the precise tract or parcel of land involved.
(B) Within fifteen working days after a design request has been submitted to the notification center for a proposed project, the operator shall respond by one of the following methods:
(1) designate the location of all facilities within the area of the proposed excavation pursuant to Section 58-36-70(A);
(2) provide to the person submitting the design request the best available description of all facilities in the area of proposed excavation, which may include drawings of facilities already built in the area, or other facility records that are maintained by the operator; or
(3) allow the person submitting the design request or any other authorized person to inspect the drawings or other records for all facilities within the proposed area of excavation at an acceptable location.
(C) An operator may reject a design request based on homeland security pending additional information confirming the legitimacy of the request. The operator must notify the person making the request of the denial and request additional information, through the positive response system, within the time frame set forth in Section 58-36-70(B).
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 36 - Underground Facility Damage Prevention Act › Section 58-36-110. Exemption from notice requirements.

A person is exempt from the requirements of Section 58-36-60(A) when an excavation is performed under the following conditions:
(1) by the owner of a single-family residential property on his own land when the excavation:
(a) does not encroach on any operator's known right-of-way, easement, or permitted use;
(b) is performed with nonmechanized equipment; and
(c) is less than ten inches in depth;
(2) tilling or plowing of soil when less than twelve inches in depth for agricultural purposes;
(3) for excavation with nonmechanized equipment by an operator or an agent of an operator for the following purposes:
(a) locating for a valid notification request, or for the minor repair, connecting or routine maintenance of an existing facility; or
(b) underground probing to determine the extent of gas or water migration.
(4) when the Department of Transportation, a local government, special purpose district, or public service district is carrying out maintenance activities within its designated right-of-way, which may include resurfacing, milling, emergency replacement of signs critical for maintaining safety, or the reshaping of shoulder and ditches to the original road profile.
HISTORY: 2011 Act No. 48, Section 1, eff June 7, 2012.