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 58-27-660. Supplier may furnish service in area served by another.

Notwithstanding the provisions of Sections 58-27-620 and 58-27-640:
(1) Any electric supplier may furnish electric service to any consumer who desires service from such electric supplier at any premises being served by another electric supplier, or at premises which another electric supplier has the right to serve pursuant to other provisions of this article, upon agreement of the affected electric suppliers.
(2) The Public Service Commission shall have the authority and jurisdiction, after notice to all affected electric suppliers and the Office of Regulatory Staff and after hearing, if a hearing is requested by any affected electric supplier, the Office of Regulatory Staff, or any other interested party, to order any electric supplier which may reasonably do so to furnish electric service to any consumer who desires service from the electric supplier at any premises being served by another electric supplier, including service being provided under the provisions of Section 58-27-620(2) as it existed before the effective date of Article 4, Chapter 33 of Title 58 or at premises which another electric supplier has the right to serve pursuant to other provisions of this article, and to order the other electric supplier to cease and desist from furnishing electric service to the premises, upon a finding that service to the consumer by the electric supplier which is then furnishing service, or which has the right to furnish service, to the premises, is or will be inadequate or undependable, and cannot or will not be made adequate and dependable within a reasonable time, or that the rates, conditions of service, or service regulations, applied to the consumer, are unreasonably discriminatory.
HISTORY: 1962 Code Section 24-17; 1969 (56) 740; 2006 Act No. 318, Section 171, eff May 24, 2006; 2007 Act No. 16, Section 8, eff upon approval (became law without the Governor's signature on May 3, 2007).
Editor's Note
ARTICLE 4, Chapter 33 of Title 58 (Sections 58-33-210, et seq.) took effect May 3, 2007.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-670. Service in area becoming part of municipality; premises located within boundaries of electric cooperative or corridor.

(1) The furnishing of electric service in any area which becomes a part of any municipality after the effective date of this subsection, either by annexation or incorporation, whether or not the area, or any portion of the area has been assigned pursuant to Section 58-27-640, is subject to the provisions of Sections 58-27-1360 and 33-49-250, and any provisions of this article. No poles, wires, or other facilities of electric suppliers using the streets, alleys, or other public ways within the corporate limits of a municipality may be constructed by an electric supplier, unless the consent of the municipal governing body is first obtained. Annexation may not be construed to increase, decrease, or affect any other right or responsibility a municipality, electric cooperative, or electrical utility may have with regard to supplying electric service in areas assigned by the Public Service Commission in accordance with Chapter 27 of Title 58.
(2) No electrical utility, except the annexing or incorporating municipality or its board or commission of public works, shall furnish electrical service to any premises first requiring service in an area annexed by a municipality or incorporated after the effective date of this subsection where such premises is located (a) in an area assigned by the commission prior to annexation or incorporation to an electric cooperative or (b) in an electric supplier's corridor, as described in this chapter, lying within the boundaries of such area assigned by the commission prior to annexation or incorporation to an electric cooperative; however, nothing in this subsection limits the power of an electric cooperative to serve in such areas, as provided in Section 33-49-250.
HISTORY: 1962 Code Section 24-18; 1969 (56) 740; 1984 Act No. 431, Section 3, eff June 6, 1984; 2004 Act No. 179, Section 8, eff upon approval (became law without the Governor's signature on February 19, 2004).
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.
2004 Act No. 179, Section 11 provides:
"SECTION 11. . . . Section 58-27-670, as amended by this act, shall apply prospectively."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-680. Effect of continuation of service.

The continuation of electric service under Section 58-27-670 must not be construed as affecting the authority of an electric supplier pursuant to Section 58-27-620 to serve premises which are already receiving electric service from a municipal electric system, whether inside or outside municipal boundaries.
HISTORY: 1984 Act No. 431, Section 6, eff June 6, 1984.
Editor's Note
Section 1 of 1984 Act No. 431, provides as follows:
"The General Assembly finds that assignment of electric service territories by the Public Service Commission has aided the State in overseeing the public interest of its citizens by uniformly regulating the responsibilities and rights of sellers of electricity.
"The General Assembly further finds that unnecessary duplication of electrical facilities increases rates and charges to South Carolina citizens and that the assignment of electric service territories has decreased duplication.
"The General Assembly further finds that incorporation of new municipalities and annexation by existing municipalities alter assignments of service areas originally made for public convenience and necessity without consideration for the impact of the change on persons living outside the municipality.
"Therefore, in accordance with the powers granted the General Assembly under Article IX, Section 1, and Article VIII, Section 14, of the Constitution of this State, it is declared the policy of South Carolina to maintain the assignment of electric service territories by the Public Service Commission over areas having been assigned electric suppliers under Section 58-27-640, even when the area becomes incorporated or annexed to an existing city or town."
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 58-27-690. Act 431 of 1984 not affected by Act 173 of 1987.

Nothing in Title 28, Chapter 2 (Sections 28-2-10 et seq.), and Sections 1-11-110, 3-5-50, 3-5-100, 3-5-330, 4-17-20, 5-27-150, 5-31-420, 5-31-430, 5-31-440, 5-31-610, 5-35-10, 6-11-130, 6-23-290, 13-1-350, 13-11-80, 24-1-230, 28-3-20, 28-3-30, 28-3-140, 28-3-460, 46-19-130, 48-11-110, 48-15-30, 48-15-50, 48-17-30, 48-17-50, 49-17-1050, 49-19-1060, 49-19-1440, 50-13-1920, 51-1-560, 54-3-150, 55-9-80, 55-11-10, 57-3-700, 57-5-370, 57-5-380, 57-21-200, 57-25-190, 57-25-470, 57-25-680, 57-27-70, 58-9-2030, 58-15-410, 58-17-1200, 13-1-1330, 58-27-130, 58-31-50, 59-19-200, 59-105-40, 59-117-70, 59-123-90 shall modify, abridge, or repeal Sections 58-27-650, 58-27-670, 58-27-680, 58-27-1280, or 58-27-1360.
HISTORY: 1987 Act No. 173, Section 57, eff nine months from approval by Governor (approved by Governor on June 30, 1987); 1993 Act No. 181, Section 1567, eff July 1, 1993.
Editor's Note
Act No. 431 of 1984 amended Sections 58-27-650, 58-27-670, 58-27-1280, and 58-27-1360, and added Section 58-27-680.
For the code sections added, amended, or repealed by the 1987 Act No. 173, see Table B, Allocation of Acts, in the supplement to Volume 22.
This section contains a reference to Section 51-1-560. There is no Section 51-1-560.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-810. Rates shall be just and reasonable.

Every rate made, demanded or received by any electrical utility or by any two or more electrical utilities jointly shall be just and reasonable.
HISTORY: 1962 Code Section 24-31; 1952 Code Section 24-31; 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 58-27-820. Schedule of rates, service rules and regulations and service contracts shall be filed with Commission.

Under rules and regulations prescribed by the commission, every electrical utility must file with the commission and provide to the Office of Regulatory Staff, within such time and in such form as the commission may designate, schedules showing all rates, service rules and regulations, and forms of service contracts established by the electrical utility and collected or enforced or to be collected or enforced within the jurisdiction of the commission. Under rules and regulations prescribed by the commission, every distribution electric cooperative and consolidated political subdivision must file with the commission and provide to the Office of Regulatory Staff, for information purposes, within such time and in such form as the commission may designate, schedules showing all rates, service rules and regulations, and forms of service contracts established by the distribution electric cooperative or consolidated political subdivision. Each electrical utility, distribution electric cooperative, and consolidated political subdivision must keep copies of the schedules open to public inspection under rules and regulations prescribed by the commission.
HISTORY: 1962 Code Section 24-32; 1952 Code Section 24-32; 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 172, eff May 24, 2006.
Editor's Note
2019 Act No. 62, Section 16, provides as follows:
"SECTION 16. Notwithstanding another provision of this act, or another provision of law, no costs or expenses incurred nor any payments made by the electrical utility in compliance or in accordance with this act must be included in the electrical utility's rates or otherwise be borne by the general body of South Carolina retail customers of the electrical utility without an affirmative finding supported by the preponderance of evidence of record and conclusion in a written order by the Public Service Commission that such expense, cost, or payment was reasonable and prudent and made in the best interest of the electrical utility's general body of customers."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-830. Utility shall not charge rates different from those in schedule.

No electrical utility shall directly or indirectly, by any device whatsoever or in any way, charge, demand, collect or receive from any person, corporation or municipality a greater or less compensation for any electric current or service rendered or supplied or to be rendered or supplied by such electrical utility than that prescribed in the schedules of such electrical utility applicable thereto then on file in the manner provided in this chapter, nor shall any person, corporation or municipality receive or accept any service, electric current, product or commodity from an electric utility for a compensation greater or less than that prescribed in such schedules.
HISTORY: 1962 Code Section 24-33; 1952 Code Section 24-33; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493.
Editor's Note
2019 Act No. 62, Section 16, provides as follows:
"SECTION 16. Notwithstanding another provision of this act, or another provision of law, no costs or expenses incurred nor any payments made by the electrical utility in compliance or in accordance with this act must be included in the electrical utility's rates or otherwise be borne by the general body of South Carolina retail customers of the electrical utility without an affirmative finding supported by the preponderance of evidence of record and conclusion in a written order by the Public Service Commission that such expense, cost, or payment was reasonable and prudent and made in the best interest of the electrical utility's general body of customers."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-845. Findings and enumeration of electrical utility customer rights.

(A) The General Assembly finds that there is a critical need to:
(1) protect customers from rising utility costs;
(2) provide opportunities for customer measures to reduce or manage electrical consumption from electrical utilities in a manner that contributes to reductions in utility peak electrical demand and other drivers of electrical utility costs; and
(3) equip customers with the information and ability to manage their electric bills.
(B) Every customer of an electrical utility has the right to a rate schedule that offers the customer a reasonable opportunity to employ such energy and cost-saving measures as energy efficiency, demand response, or onsite distributed energy resources in order to reduce consumption of electricity from the electrical utility's grid and to reduce electrical utility costs.
(C) In fixing just and reasonable utility rates pursuant to Section 58-3-140 and Section 58-27-810, the commission shall consider whether rates are designed to discourage the wasteful use of public utility services while promoting all use that is economically justified in view of the relationships between costs incurred and benefits received, and that no one class of customers are unduly burdening another, and that each customer class pays, as close as practicable, the cost of providing service to them.
(D) For each class of service, the commission must ensure that each electrical utility offers to each class of service a minimum of one reasonable rate option that aligns the customer's ability to achieve bill savings with long-term reductions in the overall cost the electrical utility will incur in providing electric service, including, but not limited to, time-variant pricing structures.
(E) Every customer of an electrical utility has a right to obtain their own electric usage data in a machine-readable, accessible format to the extent such is readily available. Electrical utilities shall allow customers an electronic means to assent to share the customer's energy usage data with a third-party vendor designated by the customer.
HISTORY: 2019 Act No. 62 (H.3659), Section 2, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-850. Investigation and change of rates by commission.

Whenever the commission after a hearing finds that the existing rates in effect and collected by any electrical utility for any service, product, or commodity are unjust, unreasonable, insufficient, unreasonably discriminatory, or in any way in violation of any provision of law, the commission shall determine the just, reasonable, and sufficient rates to be thereafter observed and in force and shall fix the rates by its order.
HISTORY: 1962 Code Section 24-35; 1952 Code Section 24-35; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 173, 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 58-27-860. Proposed rate changes; prior approval.

Whenever an electrical utility desires to put into operation a new rate, it must give not less than thirty days' notice of its intention to file with the commission and the Office of Regulatory Staff and must, after the expiration of the notice period, file with the commission and provide to the Office of Regulatory Staff a schedule setting forth the proposed changes. Copies of the schedule also must be given to other parties as the commission directs. Subject to the provisions of subsections (C) and (D) of Section 58-27-870, the proposed changes may not be put into effect in full or in part until approved by the commission. Nothing contained in this section affects the existing provisions of Act 1293 of 1966.
HISTORY: 1962 Code Section 24-36; 1952 Code Section 24-36; 1942 Code Section 8555-2; 1932 (37) 1497; 1934 (38) 1452; 1935 (39) 207; 1937 (40) 493; 1983 Act No. 138 Section 4, eff June 15, 1983; 2006 Act No. 318, Section 174, 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 58-27-920. Schedule of rates put into effect after preliminary investigation.

The commission may, after a preliminary investigation by the Office of Regulatory Staff and upon such evidence as to the commission seems sufficient, order any electrical utility to put into effect a schedule of rates as shall be deemed fair and reasonable, within such time as may be prescribed by order of the commission, which shall be not less than fifteen days, and an attested copy of the order must be served upon the utility and the Office of Regulatory Staff by registered mail or otherwise as provided by law.
HISTORY: 1962 Code Section 24-42; 1952 Code Section 24-42; 1942 Code Section 8239; 1934 (38) 1549; 1935 (39) 25; 2006 Act No. 318, Section 177, 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 58-27-930. Petition for hearing on change in rates; suspension of new rates pending hearing.

If any utility affected thereby objects to an order issued pursuant to Section 58-27-920, it may, within ten days after service upon it of the copy of the order, file a petition with the commission stating the grounds of any such objection and demand a hearing thereon and it may require, if it so requests in the petition, that such schedule of rates be suspended pending the hearing. The utility also must provide a copy of the petition to the Office of Regulatory Staff. Any member of the public adversely affected by any such order of the commission shall also have all the rights herein conferred on the utility affected.
HISTORY: 1962 Code Section 24-43; 1952 Code Section 24-43; 1942 Code Section 8239; 1934 (38) 1549; 1935 (39) 25; 2006 Act No. 318, Section 178, 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 58-27-940. Order confirming, modifying or vacating former order; service; effective date of rate changes.

After a hearing provided by Section 58-27-930, the commission by its order must either confirm, modify, or vacate its former order, in conformity with what is found to be just and reasonable, and an attested copy of the order of the commission must be immediately served on the utility affected and the Office of Regulatory Staff by registered mail or otherwise, as provided by law. In case the original order of the commission is confirmed or modified by making the order more favorable to the utility affected, the rates prescribed by the original order of the commission or the modification of the order, as the case may be, are operative as of the time fixed by the original order. The utility affected shall put the rates into effect as of the date fixed by the original order.
HISTORY: 1962 Code Section 24-44; 1952 Code Section 24-44; 1942 Code Section 8239; 1934 (38) 1549; 1935 (39) 25; 1983 Act No. 138 Section 6, eff June 15, 1983; 2006 Act No. 318, Section 179, 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 58-27-950. Petition for hearing as prerequisite to bringing cause of action challenging order.

A utility must not bring a cause of action challenging the commission's order issued pursuant to Section 58-27-920 unless the utility shall first make application to the commission for a hearing as provided for in Section 58-27-930. The commission must not be a party to any cause of action.
HISTORY: 1962 Code Section 24-45; 1952 Code Section 24-45; 1942 Code Section 8239; 1934 (38) 1549; 1935 (39) 25; 2006 Act No. 318, Section 180, 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 58-27-960. Reparation orders; suits to enforce.

When a petition has been filed with the commission concerning any rate or charge for any electric current furnished or service performed by any electrical utility and the commission has found after hearing that the electrical utility has charged an unreasonable, excessive, or discriminatory amount for electric current or service, the commission may order the electrical utility to make due reparation to the petitioner, with interest from the date of collection; however, no unreasonable discrimination must result from the reparation. But no order for the payment of reparation upon the ground of unreasonableness must be made by the commission in any instance wherein the rate or charge in question has been authorized by law. No assignment of a reparation claim must be recognized by the commission except assignments by operation of law as in cases of death, insanity, bankruptcy, receivership, or order of court. If the electrical utility does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same, and upon trial of such suit, a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. All petitions concerning unreasonable, excessive, or discriminatory charges on which reparation orders may be made must be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues, and the suit for enforcement of the order must be commenced in the court within one year from the date of the order of the commission. The commission must not be a party to any cause of action. The remedy in this section provided is cumulative and in addition to any other remedy or remedies in this chapter provided in case of failure of an electrical utility to obey an order or decision of the commission.
HISTORY: 1962 Code Section 24-46; 1952 Code Section 24-46; 1942 Code Section 8555-4; 1932 (37) 1497; 2006 Act No. 318, Section 181, 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 58-27-970. Participation in profits arising from efficiency.

For the purpose of encouraging economy, efficiency and improvements in methods or service any electrical utility may, subject to the approval of the Commission, participate to such extent as may be permitted by the Commission in additional profits arising from any economy, efficiency or improvement in methods or service instituted by such electrical utility.
HISTORY: 1962 Code Section 24-47; 1952 Code Section 24-47; 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 58-27-980. Contracts subject to control and approval of Commission.

No contract charge to be made to any person, corporation or municipality by any electrical utility for electricity to be furnished for light, heat or power established subsequent to March 24, 1922, shall be exempt from alteration, control, regulation and establishment by the Commission, when in its judgment the public interest so requires, to the full extent of the powers in relation to charges conferred upon the Commission by this chapter. Nor shall any contract establishing a rate or rates or any other contract affecting the use or disposition of its product or the charges to be paid therefor be entered into by any electrical utility without prior approval by the Commission, nor unless it be subject to amendment, modification, change or annulment by the Commission, if the public interest so requires. But nothing herein contained shall be construed to require the Commission's approval of a contract fixing a rate already approved by the Commission and then effective, if such contract rate is fixed subject to subsequent amendment, modification, change or annulment by the Commission. Full power and authority is hereby conferred on the Commission to accomplish the purposes expressed in this section.
HISTORY: 1962 Code Section 24-48; 1952 Code Section 24-48; 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 58-27-990. Contracts with other utilities.

Subject to the approval of the Commission, electrical utilities may contract with each other for the sale and purchase or exchange of electricity if such contract contain a provision that from its date it shall be subject to amendment, modification, change or annulment by the Commission, after due hearing, if the public interest so requires.
HISTORY: 1962 Code Section 24-49; 1952 Code Section 24-49; 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 58-27-1000. Charges for electricity established by municipal contract or franchise.

All charges for electricity for light, heat or power established by any franchise granted to or contract made prior to March 24, 1922 with any person or corporation by any municipality pursuant to and under the authority of the laws of this State are to be deemed excepted from the regulatory powers of the Commission and to be unaffected by the provisions of this chapter. All charges established by any franchise or municipal contract subsequent to March 24, 1922 shall be subject to the regulatory powers of the Commission and may be changed by it for proper cause under the provisions of this chapter. It is the purpose of this chapter to regulate such charges only to the extent that it may be done consistently with the Constitutions of this State and of the United States.
HISTORY: 1962 Code Section 24-50; 1952 Code Section 24-50; 1942 Code Section 8555-8; 1932 (37) 1497; 1934 (38) 1452; 1937 (40) 147.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1010. Commission shall not regulate contracts made by municipalities.

The Commission shall not regulate any contracts made by any municipality with its customers, and nothing in this chapter shall be construed as permitting the regulation by the Commission of the rates to be charged by any municipal plant to any of its customers, whether these customers be other municipalities, persons, firms or corporations.
HISTORY: 1962 Code Section 24-51; 1952 Code Section 24-51; 1942 Code Section 8555-8; 1932 (37) 1497; 1934 (38) 1452; 1937 (40) 147.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1020. Capitalization for rate-making purposes.

No electrical utility shall, for rate-making purposes, capitalize its franchises, rights, powers, privileges or right to own and operate or enjoy any such franchises, rights, powers or privileges in excess of the amount paid to the State or to any political subdivision of the State as the consideration for the grant thereof or so capitalize any lease, contract of sale or contract for consolidation or merger of two or more electrical utilities or issue by way of substitution any capital stock, trust certificates, bonds, notes or other evidences of indebtedness or other securities for any consolidated or merged company exceeding the aggregate values of the properties so consolidated or merged plus any additional sum of money actually contributed in cash and any additional property or labor actually contributed; and the determination of such consideration or value as aforesaid shall be subject to the approval of the Commission. The Commission shall not permit any electrical utility to do any of the things that an electrical utility is forbidden by this section to do.
HISTORY: 1962 Code Section 24-52; 1952 Code Section 24-52; 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 58-27-1030. Sales of appliances shall not be considered in rate making.

Every electrical utility shall keep separate accounts to show all profits or losses resulting from the sale of appliances or other merchandise, and no such profit or loss shall be taken into consideration by the Commission in arriving at any rate to be charged for service by any such electrical utility.
HISTORY: 1962 Code Section 24-53; 1952 Code Section 24-53; 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 58-27-1040. Certain sections cumulative.

Nothing contained in Sections 58-27-920 to 58-27-950 shall be construed to divest the Commission of any power otherwise possessed by it to regulate electrical utilities and the duties and powers thereby devolved upon the Commission are in addition to those otherwise imposed by law.
HISTORY: 1962 Code Section 24-54; 1952 Code Section 24-54; 1942 Code Section 8239; 1934 (38) 1549; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1050. Distributed energy resources; report required.

The Office of Regulatory Staff, with guidance and feedback from the electrical utilities and other interested parties, shall investigate and report to the Public Service Commission on fixed costs, fixed charges, and the extent of cost shifting that is attributable to distributed energy resources within current utility cost of service ratemaking methodologies, cost allocations, and rate designs, with a focus on the implications distributed energy resources could have for that business model in the future. The report shall review how to ensure a fair allocation of costs and benefits between consumers who utilize distributed energy resources and consumers who do not utilize distributed energy resources, as well as suggesting any necessary or prudent changes to existing or future rate structures. The report shall include a general overview of cost shifting that is attributable to or arising from historical cost of service ratemaking related to the current utility business model, specifically the cost of service ratemaking methodology, the cost allocations and rate designs. The findings shall include public comment and be reported to the Public Service Commission by December 31, 2015.
HISTORY: 2014 Act No. 236 (S.1189), Section 5, eff June 2, 2014.
Editor's Note
2014 Act No. 236, Section 9, provides as follows:
"SECTION 9. If the application of the provisions of this act to any wholesale electrical contract existing on the date of its adoption is determined to impair unlawfully any term of such contract or to add material costs to either party, then that contract will be exempt from the terms of this act to the extent necessary to cure such impairment or to avoid the imposition of additional material costs."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1060. Electric vehicle charging stations.

(A) A person or corporation who uses an electric vehicle charging station to resell electricity to the public for compensation is not an electric utility if:
(1) the person or corporation has procured the electricity from an electrical utility, municipality, consolidated political subdivision, the Public Service Authority, or an electric cooperative that is authorized to engage in the retail sale of electricity within the territory in which the electric vehicle charging service is provided;
(2) the person or corporation furnishes electricity exclusively for the charging of plug-in electric vehicles; and
(3) the charging station is immobile.
(B) Nothing in this section shall be construed to limit the ability of an electrical utility, municipality, consolidated political subdivision, the Public Service Authority, or an electric cooperative to use electric vehicle charging stations to furnish electricity for charging electric vehicles. Any increases in customer demand or energy consumption associated with transportation electrification shall not constitute found revenues for an electrical utility.
HISTORY: 2021 Act No. 46 (S.304), Section 1, eff May 17, 2021.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 27 - Electric Utilities And Electric Cooperatives › Section 58-27-1100. Issuance of bonds to offset and reduce costs due to storm recovery activity.

Upon application by an electrical utility, the commission may by order authorize the issuance of bonds for the purposes of offsetting and reducing prudently incurred costs due to storm recovery activity. It is in the interest of the State and its citizens to encourage and facilitate the use of securitized bonds as a method for enabling electrical utilities to lower the cost of financing the costs of these activities under certain conditions, and to empower the commission to review a securitization mechanism to determine whether it is consistent with the public interest and worthy of approval. In order for the commission to authorize the issuance of these bonds, it must find that an electrical utility's use of this financing mechanism will provide quantifiable net benefits to customers on a present value basis as compared to the costs that would have been incurred absent the issuance of storm recovery bonds, and will result in the lowest storm recovery charges consistent with market conditions at the time the storm recovery bonds are priced and the terms set forth in a financing order issued by the commission.
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 58-27-1115. Treatment of storm recovery bonds and storm recovery charges.

(A) The commission may not, in exercising its powers and carrying out its duties regarding any matter within its authority pursuant to this chapter, consider the storm recovery bonds issued pursuant to a financing order to be the debt of the electrical utility other than for federal income tax purposes, consider the storm recovery charges paid under the financing order to be the revenue of the electrical utility for any purpose, or consider the storm recovery costs or financing costs specified in the financing order to be the costs of the electrical utility, nor may the commission determine any action taken by an electrical utility which is consistent with the financing order to be unjust or unreasonable unless the electrical utility abandons the issuance of storm recovery bonds or the electrical utility's petition for a financing order is ultimately denied.
(B) The commission may not order or otherwise directly or indirectly require an electrical utility to use storm recovery bonds to finance any project, addition, plant, facility, extension, capital improvement, equipment, or any other expenditure except as permitted under this article. After the issuance of a financing order, the electrical utility retains sole discretion regarding whether to cause the storm recovery bonds to be issued, including the right to defer or postpone such sale, assignment, transfer, or issuance, unless otherwise provided in the financing order. Nothing shall prevent the electrical utility from abandoning the issuance of storm recovery bonds under the financing order by filing with the commission a statement of abandonment and the reasons therefor. The commission may not refuse to allow an electrical utility to recover storm recovery costs in an otherwise permissible fashion, or refuse or condition authorization or approval of the issuance and sale by an electrical utility of securities or the assumption by the electrical utility of liabilities or obligations, solely because of the potential availability of storm recovery bond financing.
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 58-27-1120. Requirements for electric bills of electrical utility that has obtained a financing order and caused recovery bonds to be issued.

The electric bills of an electrical utility that has obtained a financing order and caused recovery bonds to be issued must comply with the provisions of this section; however, the failure of an electrical utility to comply with this section does not invalidate, impair, or affect any financing order, storm recovery property, recovery charge, or recovery bonds. The electrical utility must do the following:
(1) explicitly reflect that a portion of the charges on such bill represents recovery charges approved in a financing order issued to the electrical utility and, if the storm recovery property has been transferred to an assignee, must include a statement to the effect that the assignee is the owner of the rights to recovery charges and that the electrical utility or other entity, if applicable, is acting as a collection agent or servicer for the assignee. The tariff applicable to customers must indicate the recovery charge and the ownership of the charge; and
(2) include the recovery charge on each customer's bill as a separate line item and include both the rate and the amount of the charge on each bill.
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 58-27-1130. Description of storm recovery property; application of section.

The description of storm recovery property being transferred to an assignee in any sale agreement, purchase agreement, or other transfer agreement, granted or pledged to a pledgee in any security agreement, pledge agreement, or other security document, or indicated in any financing statement is only sufficient if such description or indication refers to the financing order that created the storm recovery property and states that the agreement or financing statement covers all or part of the property described in the financing order. This section applies to all purported transfers of, and all purported grants or liens or security interests in, storm recovery property, regardless of whether the related sale agreement, purchase agreement, other transfer agreement, security agreement, pledge agreement, or other security document was entered into, or any financing statement was filed.
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 58-27-1135. Financing statements.

All financing statements referenced in this article are subject to Part 5 of Chapter 9 of the code, except that the requirement as to continuation statements does not apply.
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 58-27-1140. Governing law.

The law governing the validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the transfer of an interest or right or the pledge or creation of a security interest in any storm recovery property shall be the laws of this State.
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 58-27-1145. State not liable on any storm recovery bonds; bonds are not a debt or general obligation of the State.

Neither the State, its agencies, and instrumentalities, nor its political subdivisions are liable on any storm recovery bonds, and the bonds are not a debt or a general obligation of the State or any of its political subdivisions, agencies, or instrumentalities nor are they special obligations or indebtedness of the State, its agencies, or its political subdivisions. An issue of storm recovery bonds does not, directly, indirectly, or contingently obligate the State or its agencies, instrumentalities, or political subdivisions, to levy any tax or make any appropriation for payment of the storm recovery bonds, other than in their capacities as consumers of electricity. All storm recovery bonds must contain on the face thereof a statement to the following effect: "Neither the full faith and credit nor the taxing power of the State of South Carolina is pledged to the payment of the principal of, or interest on, this bond, nor shall the holder of this bond have any recourse against the State, its agencies, instrumentalities, or political subdivisions for the payment of the principal of, or interest on, this bond."
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 58-27-1150. Entities which may invest in storm recovery bonds.

All of the following entities may legally invest any sinking funds, monies, or other funds in storm recovery bonds:
(1) the South Carolina Pooled Investment Fund established pursuant to Section 6-6-10;
(2) banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business;
(3) personal representatives, guardians, trustees, and other fiduciaries; and
(4) all other persons authorized to invest in bonds or other obligations of a similar nature.
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 58-27-1155. Prohibited actions by the State.

(A) The State and its agencies, including the commission, pledge and agree with bondholders, the owners of the storm recovery property, and other financing parties that the State and its agencies will not take any action listed in this section as to any outstanding storm recovery bonds, storm recovery charges, or storm recovery property. This paragraph does not preclude limitation or alteration if full compensation is made by law for the full protection of the storm recovery charges collected pursuant to a financing order and of the bondholders and any assignee or financing party entering into a contract with the electrical utility. The prohibited actions are as follows:
(1) altering the provisions of this article, which authorize the commission to create an irrevocable contract right or chose in action by the issuance of a financing order, to create storm recovery property, and make the storm recovery charges imposed by a financing order irrevocable, binding, or nonbypassable charges;
(2) taking or permitting any action that impairs or would impair the value of storm recovery property or the security for the storm recovery bonds, or revises the storm recovery costs for which storm recovery is authorized;
(3) in any way impairing the rights and remedies of the bondholders, assignees, and other financing parties; and
(4) except for changes made pursuant to the formula-based adjustment mechanism authorized under this article, reducing, altering, or impairing storm recovery charges that are to be imposed, billed, charged, collected, and remitted for the benefit of the bondholders, any assignee and any other financing parties until any and all principal, interest, premium, financing costs and other fees, expenses, or charges incurred, and any contracts to be performed in connection with the related storm recovery bonds, have been paid and performed in full.
(B) Any person or entity that issues storm recovery bonds may include the language specified in this section in the storm recovery bonds and related documentation.
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 58-27-1160. Assignee or financing party.

An assignee or financing party is not an electrical utility or person providing electric service by virtue of engaging in the transactions described in this article.
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 58-27-1165. Conflicts between this article and other laws.

If there is a conflict between this article and any other law regarding the attachment, assignment, perfection, effect of perfection, priority of, assignment or transfer of, or security interest in storm recovery property, this article shall govern.
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 58-27-1170. Commission may retain independent outside consultants; compensation.

In connection with its responsibilities under this article, the commission may retain independent outside consultants to serve as advisors and counsel to the commission. Such consultants shall not have authority to direct how the electrical utility places the storm recovery bonds to market. Any such consultants will be subject to the same ex parte prohibitions contained in Chapter 3, Title 58 as are applicable to the employees of the commission. The commission shall endeavor to retain such consultants in order to best control costs ultimately paid by customers. The compensation paid to such consultants may not exceed compensation generally paid by the regulated industry for such specialists. The consultants' duty will be to the commission, and the consultants shall not have any financial interest in the storm recovery bonds or participate in the underwriting or secondary market trading of the storm recovery bonds. The commission is exempt from complying with the State Procurement Code in the selection and hiring of independent outside consultants authorized by this section.
HISTORY: 2022 Act No. 227 (S.1077), Section 1, eff June 17, 2022.