reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-340. Court review of orders or decisions.

A decision of the commission may be reviewed by the Supreme Court or court of appeals as provided by statute and the South Carolina Appellate Court Rules upon questions of both law and fact, as provided pursuant to this section. The commission must not be a party to the action.
No order of determination of the commission reducing any rate, fare, charge, or toll may be in force during the pendency of the action if the utility affected executes and files with the clerk of court a bond undertaking in a sum as the court prescribes, and approved by the court, conditioned to secure the refund to customers of any sum that may be collected in excess of the rates, fares, charges, or tolls that are finally adjudged to be lawful and valid.
HISTORY: 1962 Code Section 58-124; 1952 Code Section 58-124; 1942 Code Section 8211; 1932 Code Section 8254; Civ. C. '22 Section 1047; Civ. C. '12 Section 924; 1910 (26) 564; 1922 (32) 938; 1935 (39) 25; 2006 Act No. 318, Section 15, eff May 24, 2006; 2006 Act No. 387, Section 39, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-370. Charging higher water or gas rates than those fixed by Commission unlawful.

Any person or corporation owning or operating a plant furnishing water or gas to the public or any portion thereof for compensation who shall fail or refuse to accept the rate fixed by the Commission to be charged for water or gas and instead thereof shall charge, demand or receive a greater amount than that fixed by the Commission shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars, to be recovered in any court of competent jurisdiction, one half of such fine as may be imposed going to the informer and the other half to the city in which the complaint arises. Each overcharge to any consumer of water or gas shall constitute a separate offense.
HISTORY: 1962 Code Section 58-127; 1952 Code Section 58-127; 1942 Code Section 8241; 1932 Code Section 1356; Cr. C. '22 Section 253; Cr. C. '12 Section 276; 1910 (26) 564; 1922 (32) 956; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-380. Restrictions on interruption of gas service to residential customer for nonpayment of bill; exceptions.

(A) Except as provided in subsections (B) and (C) of this section, a gas utility must not interrupt gas service to any residential customer for nonpayment of a bill until twenty-five days have elapsed from the date of billing.
(B) A gas utility may interrupt natural gas service to any residential customer who has voluntarily enrolled in a prepay program if the prepay program allows the customer to monitor his consumption of natural gas and his account balance on a daily basis and the balance of that customer's prepay account is zero, provided that the following conditions are met: (1) at the time the residential customer enrolls in the prepay program, the residential customer is informed and agrees that his natural gas service may be interrupted when the balance of his prepay account reaches zero; (2) natural gas service must not be interrupted before 10:00 a.m. on the next business day following an attempt by the gas utility to give the customer notice of the impending interruption by telephone or electronically; and (3) service must not be interrupted except during hours when the gas utility, or an agent, is accepting cash payments.
(C) A prepay program established by a gas utility shall be subject to approval by the commission prior to implementation. Any interruption of natural gas service under an approved prepay program shall be governed by the terms of this section and the provisions of the prepay account agreement. A prepay program approved by the commission under this subsection must allow the utility to interrupt service when the balance of the customer's prepay account is zero and the conditions set out in subsection (B) are met. Upon a showing of good cause, the commission may allow alternative compliance with the requirement of subsection (B) regarding the ability of the customer to monitor his consumption and account balance on a daily basis, if such compliance provides consumer information and protections similar to that required in subsection (B).
(D) Nothing contained herein shall be construed so as to relieve a gas utility of the requirements of Act 313 of 2006.
(E) Any person aggrieved by a violation of this section may petition the courts of this State for redress in accordance with applicable law.
HISTORY: 1983 Act No. 138 Section 22, eff June 15, 1983; 2010 Act No. 258, Section 1, eff June 11, 2010.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-390. Tap fees for installation and maintenance of fire sprinkler system; exception.

(A) A publicly or privately owned utility may not impose a tap fee, other fee, or a recurring maintenance fee of any nature or however described for the installation and maintenance of a fire sprinkler system that exceeds the actual costs associated with the water line to the system.
(B) For purposes of this section, actual costs include direct labor, direct material, the necessity of increased capacity, and other direct charges associated with the separate fire sprinkler line. The direct costs must be documented by either an invoice or work order that specifically assigns the costs to the separate fire sprinkler line. Nothing in this section may be construed as requiring a utility to provide service to support a private fire protection system.
(C) Nothing in this section shall give the commission or the regulatory staff any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality, county, or regional transportation authority as defined in Chapter 25 of this title or their agencies.
HISTORY: 2008 Act No. 357, Section 1, eff June 25, 2008; 2010 Act No. 232, Section 3, eff June 7, 2010.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-400. Citation of article.

This article may be cited as the "Natural Gas Rate Stabilization Act".
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-410. Election to come under article.

A public utility providing natural gas distribution service, in its discretion and at anytime, may elect to have the terms of this article apply to its rates and charges for gas distribution service, on a prospective basis, by filing a notice of the election with the commission and on the same day and by the same means serving a copy on the Office of Regulatory Staff. Upon receipt of notice of the election, the commission shall proceed to make the findings and establish the ongoing procedures required for adjustments in base rates to be made under this article. In carrying out the procedures established by this article with respect to such an election, the commission shall rely upon and utilize the approved rates, charges, revenues, expenses, capital structure, returns, and other matters established in the public utility's most recent general rate proceeding pursuant to Section 58-5-240; provided, however, that the most recent order must have been issued no more than five years prior to the initial election to come under the terms of this article. A public utility may combine an election under this article with the filing of a rate proceeding pursuant to Section 58-5-240 and the commission shall include the findings required by this article in its rate orders issued in the Section 58-5-240 proceedings, and the election shall remain in effect until the next general rate proceeding.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-415. Duration of election; withdrawal of request to come under article.

The election by a utility to have the terms of this article apply to its rates and charges for gas distribution service once made shall remain in effect until the next Section 58-5-240 general rate proceeding for the public utility at which time the public utility may then elect to continue the applicability of this article to its rates and charges or elect to opt out of the provisions of this article. The applicant may withdraw its request to come under the terms of this article at any time before the entry of a final order of the commission on the merits of the proceeding in which the election is made or on a petition for rehearing in the proceeding.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-420. Contents of order.

In issuing its order pursuant to Section 58-5-410, and in addition to the other requirements of Section 58-5-240, if a proceeding pursuant to that section is required:
(1) the commission shall specify a range for the utility's cost of equity that includes a band of fifty basis points (0.50 percentage points) below and fifty basis points (0.50 percentage points) above the cost of equity on which rates have been set; and
(2) the commission separately shall state the amount of the utility's net plant in service, construction work in progress, accumulated deferred income taxes, inventory, working capital, and other rate base components. It also shall state the utility's depreciation expense, operating and maintenance expense, income taxes, taxes other than income taxes, other components of income for return, revenues, capital structure, cost of debt, overall cost of capital, and earned return on common equity. The figures stated shall be those which the commission has determined to be the appropriate basis on which rates were set in the applicable orders.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-430. Monitoring reports; schedule and contents.

The utility shall file with the commission monitoring reports for each twelve-month period ending on March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, the filings to be made no later than the fifteenth day of the third month following the close of the period. The utility shall serve a copy of such reports on the Office of Regulatory Staff on the same day and by the same means as they are provided to the commission. These quarterly monitoring reports shall include the following:
(1) the utility's actual net plant in service, construction work in progress, accumulated deferred income taxes, inventory, working capital, and other rate base components. The report shall also show the utility's depreciation expense, operating and maintenance expense, income taxes, taxes other than income taxes, other components of income for return, revenues, capital structure, cost of debt, overall cost of capital, and earned return on common equity;
(2) all applicable accounting and pro-forma adjustments historically permitted or required by the commission for the utility in question, or for similarly situated utilities, or authorized by general principles of utility accounting, or authorized by accounting letters or orders issued by the commission. This authorization may occur either in a general rate hearing or in any other type of filing or hearing that the commission considers appropriate. However, other parties shall be given sufficient opportunity to review and provide comments on any proposed accounting letter or order issued after the initial order allowing future base rate adjustments pursuant to this article;
(3) pro-forma adjustments to annualize for the twelve-month period any rate adjustments imposed pursuant to this article or other events affecting only part of the period covered by the filing so that the annualization is required to show the effects of those events on the utility's earnings going forward; and
(4) pro-forma or other adjustments required to properly account for atypical, unusual, or nonrecurring events.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-440. March report; additional schedules.

In the monitoring report filed for the twelve-month period ending March thirty-first of each year, the utility shall provide additional schedules indicating the following revenue calculations:
(1) if the utility's earnings exceed the upper end of the range established in the order, the utility shall calculate the reduction in revenue required to lower its return on equity to the midpoint of the range established in the order; or
(2) if the utility's earnings are below the lower range established in the order, the utility shall calculate the additional revenue required to increase its return on equity to the midpoint of the range established in the order.
The utility also shall provide a schedule that specifies changes in its tariff rates required to achieve any indicated change in revenue.
The proposed rate changes, filed by the utility, shall conform as nearly as is practicable with the revenue allocation principles contained in the most recent rate order.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-450. Review of reports; proposed tariff rate adjustments.

The Office of Regulatory Staff shall review the monitoring report filed pursuant to Sections 58-5-430 and 58-5-440 to determine compliance with its terms taking into account the findings of any audit conducted by the Office of Regulatory Staff concerning compliance with Sections 58-5-430 and 58-5-440. The Office of Regulatory Staff shall propose those adjustments it determines to be required to bring the report into compliance with Section 58-5-440. Based upon that report and the findings of any audit conducted by the Office of Regulatory Staff, the commission shall order the utility to make the adjustments to tariff rates necessary to achieve the revenue levels indicated in Section 58-5-440.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-455. Rate adjustment request and implementation procedure; notice to and comments by interested parties; issuance of Initial Order; when adjustments take effect.

The procedures contained in this section shall apply to monitoring reports related to the quarter ending March thirty-first.
(1) The utility shall file the monitoring reports with the commission and Office of Regulatory Staff on or before June fifteenth and simultaneously shall mail or electronically transmit copies to any interested parties who have requested in writing to receive them.
(2) Interested parties shall be allowed until July fifteenth to file comments in writing to the commission and the Office of Regulatory Staff concerning the monitoring report.
(3) In cases where the monitoring report indicates rate adjustments are required, or where it otherwise appears to the commission or the Office of Regulatory Staff that an adjustment in rates may be warranted under this article, the Office of Regulatory Staff shall conduct an audit of the monitoring report and specify any changes that the Office of Regulatory Staff determines to be necessary to correct errors in the report or to otherwise bring the report into compliance with this article. The Office of Regulatory Staff's audit reports shall be provided to the commission and to the utility and made available to all interested parties no later than September first.
(4) Interested parties shall be allowed until September fifteenth to file written comments with the commission and the Office of Regulatory Staff related to the Office of Regulatory Staff's audit report and shall simultaneously mail or electronically transmit copies of these comments to the utility and to all parties who previously appeared and filed comments.
(5) On or before October fifteenth the commission shall issue an initial order setting forth any changes required in the utility's request to adjust rates under this article (the "Initial Order"). In the absence of such an Initial Order, the gas rate adjustment contained in the utility's filing shall be considered to be granted as filed.
(6) Any gas rate adjustments authorized under the terms of this article shall take effect for all bills rendered on or after the first billing cycle of November of that year.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-460. Petition for review of Initial Order or failure to issue order; hearing.

Within thirty days of the issuance of an Initial Order pursuant to Section 58-5-450, or within thirty days of the failure by the commission to issue an order as required pursuant to Section 58-5-450, any aggrieved party may petition the commission for review of the Initial Order or failure to issue an order and all interested parties of record shall have a right to be heard at an evidentiary hearing on the matter. The party shall serve a copy of such petition on the Office of Regulatory Staff on the same day and by the same means as it is provided to the commission.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-465. Final order; contents; deadline for issuance.

After conducting the hearing required by Section 58-5-460, the commission shall issue a final order that:
(1) sets forth any changes that are required to the rates approved in the Initial Order issued under Section 58-5-455(5);
(2) determines the amount of any overcollection or undercollection by the utility that resulted from collection of the rates authorized in the Initial Order as compared to the rates authorized in the final order issued under this section; and
(3) establishes a credit to refund the amount of any overcollection, or a surcharge to collect the amount of any undercollection that arose during the time that the rates approved in the Initial Order were collected, and requires the utility to apply the credit or surcharge until such time as the overcollection or undercollection is exhausted.
The commission shall issue any final order required under this section by April fifteenth of the year following the year in which the monitoring report was filed. The order shall make the corrected rates and the credit or surcharge, if any, effective as of the first billing cycle of May of that year.
The provisions of Sections 58-5-330 and 58-5-340 concerning rehearing and appeal shall apply to the orders issued pursuant to this section.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-470. Review of Initial Orders; scope; rule to show cause why full rate proceeding should not be initiated.

The review of Initial Orders pursuant to Sections 58-5-460 and 58-5-465 is limited to issues related to compliance with the terms of this article. Matters determined in orders issued pursuant to Section 58-5-420 are not subject to review except in full rate proceedings pursuant to Section 58-5-240. Any proceedings pursuant to this article are without prejudice to the right of the commission to issue, or any interested party to request issuance of, a rule to show cause why a full rate proceeding should not be initiated, nor does this article limit the right of a utility to file an application pursuant to Section 58-5-240 for an adjustment to its rates and charges, nor does it impose the restrictions on filings contained in Section 58-5-240(F).
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-480. Office of Regulatory staffing; assessments for staffing costs.

The Office of Regulatory Staff is authorized additional positions as the General Assembly may provide in the annual General Appropriations Act for the purpose of performing its duties under this article; however, no more than one position for each natural gas utility regulated pursuant to this article may be authorized. All salaries, benefits, expenses, and charges incurred by the Office of Regulatory Staff for these positions must be borne by the natural gas utilities regulated pursuant to this article.
On or before the first day of July in each year, the Department of Revenue must assess each natural gas utility regulated pursuant to this article an equal portion of these salaries, benefits, expenses, and charges on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the natural gas utilities by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the natural gas utilities, including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the Department of Revenue actual incremental increase in the cost of administration into the state treasury as other taxes collected by the Department of Revenue for the State. These assessments are in addition to any amounts assessed pursuant to Section 58-4-60. These assessments must be deposited in a special fund with the State Treasurer's Office from which the salaries, benefits, expenses, and charges shall be paid.
The Office of Regulatory Staff must annually certify to the Department of Revenue on or before May first the amounts to be assessed.
HISTORY: 2005 Act No. 16, Section 1, eff February 16, 2005.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-710. Issuance of order to provide adequate and proper service; fine or penalty; lien on property of utility.

The Public Service Commission, upon petition by any interested party, shall have the right to require any person or corporation, as defined in Section 58-5-10, operating a water or sewer utility system for which prior consent or approval by the commission is required to appear before the commission on proper notice and show cause why that utility should not be required to take steps as are necessary to provide adequate and proper service to its customers. If the commission upon hearing determines that the service is not being provided, it shall issue an order requiring the utility to take steps as are necessary to the provision of the service within a reasonable time as prescribed by the commission. Upon failure of the utility to provide the service within the time prescribed without cause or excuse, as shall be determined by the commission, the commission shall impose a penalty or fine against the utility in an amount not less than one hundred dollars per day but not more than one thousand dollars per day. Each day the failure or noncompliance continues shall be considered a separate and distinct breach or violation of the order. Any fine or penalty so imposed or assessed by the commission, upon proper filing in the appropriate county office or offices, constitutes a lien upon the properties and assets of the utility in like manner and form as any other judgment at law. Any fine or penalty so imposed by the commission shall go into the general fund of the State, unless otherwise provided by law.
HISTORY: 1962 Code Section 58-148; 1969 (56) 244; 1999 Act No. 22, Section 1, eff June 1, 1999; 2006 Act No. 318, Section 17, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-720. Filing of bond of certificates of deposit prior to approval by commission of construction or other work on water or sewer system; forfeiture.

The commission shall, before the granting of authority or consent to any water or sewer utility regulated by the commission, for the construction, operation, maintenance, acquisition, expansion, or improvement of any facility or system, prescribe as a condition to the consent or approval that the utility shall:
(1) file with the commission a bond with sufficient surety, as approved by the commission, in an amount not less than one hundred thousand dollars and not more than three hundred fifty thousand dollars payable to the commission and conditioned upon the provision by the utility of adequate and sufficient service within its service area and provide a copy of the bond to the Office of Regulatory Staff; or
(2) deliver to the commission certificates of deposit, with endorsements as required by the commission, of federal or state chartered banks or savings and loan associations who maintain an office in this State and whose accounts are insured by either the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The certificates of deposit shall not exceed the amount covered by insurance. The commission has the right, upon notice and hearing, to declare all or any part of the bond or certificate of deposit forfeited upon a determination by the commission that the utility failed to provide service without just cause or excuse and that this failure has continued for an unreasonable length of time. A further condition of the bond or certificate of deposit shall be the provision for payment to the commission of any fine or penalty imposed or assessed by the commission against the utility under the provisions of Section 58-5-710.
HISTORY: 1962 Code Section 58-149; 1969 (56) 244; 1978 Act No. 479, eff April 19, 1978; 1999 Act No. 22, Section 2, eff June 1, 1999; 2006 Act No. 318, Section 18, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-730. Appointment of receiver upon failure of utility to provide adequate and sufficient service.

If the commission, after notice and hearing, determines that a utility subject to the regulations of the commission has wilfully failed to provide adequate and sufficient service for an unreasonable length of time and that it is likely to continue such failure to the detriment of the public served by the utility, or if the commission shall determine after notice and hearing, that adequate and sufficient service is not being provided by such utility and that such utility is unable to provide such service for any reason, the Office of Regulatory Staff shall have the right to petition the court of common pleas for the county wherein the utility shall have its principal office or place of business for the appointment of a receiver to assume possession of the facilities and system and to operate such utility upon such terms and conditions as the court shall prescribe. The court shall require as a condition to the appointment of such receiver that a sufficient bond be given by the receiver and conditioned upon his compliance with the orders of the court and the protection of all property rights involved. The court shall have the right to provide for disposition of the facilities and system in like manner as any other receivership proceeding in this State.
HISTORY: 1962 Code Section 58-150; 1969 (56) 244; 2006 Act No. 318, Section 19, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-740. Rights and remedies are cumulative.

The rights and remedies granted or imposed by this article shall be deemed cumulative and not in derogation of any other rights and remedies prescribed by law relative to the organization and control of public utilities.
HISTORY: 1962 Code Section 58-150.1; 1969 (56) 244.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-750. Appeals.

Any party in interest being dissatisfied with an order of the Commission may appeal as provided by statutory law.
HISTORY: 1962 Code Section 58-150.2; 1969 (56) 244.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-910. Short title.

This article shall be entitled "The South Carolina Gas Safety Act of 1970."
HISTORY: 1962 Code Section 58-136; 1970 (56) 2420.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-920. Definitions.

When used in this article:
(a) The term "commission" means the Public Service Commission of the State of South Carolina.
(b) The term "commissioner" means one of the members of the Public Service Commission of South Carolina.
(c) The term "corporation" includes all private or public corporations, business trusts, joint stock companies or associations, domestic or foreign, their lessees, assignees, trustees, receivers or other successors in interest, having any of the powers or privileges of corporations not possessed by individuals or partnerships.
(d) The term "Federal safety standards" shall mean the minimum standards of gas safety adopted by the United States Department of Transportation pursuant to the Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481, 49 U.S.C. Section 1672), as may be amended from time to time, and any rules and regulations promulgated by any regulatory agency of the United States of America having jurisdiction thereof.
(e) The term "gas" means natural gas, flammable gas or gas which is toxic or corrosive.
(f) The term "gas utility" includes persons, corporations and gas authorities, municipalities, public service districts and other political subdivisions of this State and which are not subject to the jurisdiction of the Federal Power Commission as provided for by Section 3(b) of the Natural Gas Pipeline Safety Act of 1968. (P.L. 90-481) (49 U.S.C. Section 1672(b)). Provided, however, that gas authorities, municipalities and public service districts and other political subdivisions of this State shall remain exempt from any economic regulation by the Commission.
(g) The term "person" includes all individuals, partnerships or associations, cooperatives, lessees, assignees, trustees, receivers or other successors in interest, other than corporations.
(h) The term "pipeline system" or "pipeline facilities" shall mean new and existing pipe rights-of-way and any equipment, facility or building used in the transportation of gas or the treatment of gas during the course of transportation; but the Commission is not authorized to prescribe the location or routing of any pipeline facility "rights-of-way."
(i) The term "public" means the public generally, or any limited portion of the public, including a person or corporation.
(j) The term "regulatory staff" means the executive director or the executive director and the employees of the Office of Regulatory Staff.
(k) The term "transportation of gas" when used in this article means gathering, transmission, distribution, and storage of gas.
HISTORY: 1962 Code Section 58-136.1; 1970 (56) 2420; 2006 Act No. 318, Section 20, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-930. Compliance with orders and regulations relating to federal safety standards.

Each gas utility shall obey and comply with each and every requirement of every lawful order, decision, direction, rule, or regulation made or prescribed by the commission and every direction, rule, or regulation made or prescribed by the Office of Regulatory Staff in the performance of its duties under this article in relation to federal safety standards and it shall do everything reasonably necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule, or regulation by all of its officers, agents, and employees.
HISTORY: 1962 Code Section 58-136.2; 1970 (56) 2420; 2006 Act No. 318, Section 21, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-940. Assessments against gas utilities for administrative expenses and charges.

All lawful expenses and charges incurred by the commission and the Office of Regulatory Staff in the administration of this chapter and in performance of its duties thereunder shall be defrayed by assessments made by the Comptroller General against the gas utilities regulated thereunder and based upon the gross revenues collected by the gas utilities from their business done wholly within this State in the manner set out in Section 58-3-100 for other corporations; provided, however, the assessments against municipalities, gas authorities, public service districts, or other political subdivisions of the State shall be applicable only to expenses and charges incurred in the administration and enforcement of the provisions of this article relating to gas safety requirements.
The Public Service Commission and the Office of Regulatory Staff shall certify to the Comptroller General annually on or before August first the amounts to be assessed in the format approved by the Comptroller General.
HISTORY: 1962 Code Section 58-136.3; 1970 (56) 2420; 1982 Act No. 331, Section 2, eff April 9, 1982; 2006 Act No. 318, Section 22, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-950. Employment of staff; legal representation.

The commission and the Office of Regulatory Staff may employ such technical administrative and clerical staff as may be required to carry out the provisions of this article and to perform the duties and exercise the powers conferred upon it by this article in relation to gas utilities. The Office of Regulatory Staff shall institute and defend all suits or actions arising under this chapter.
HISTORY: 1962 Code Section 58-136.4; 1970 (56) 2420; 2006 Act No. 318, Section 23, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-960. Compliance with safety standards.

All pipeline facilities used in this State for the transportation of gas must be constructed, operated, and maintained in such a manner as at all times to be in compliance with minimum federal safety standards and with the safety standards adopted by the commission.
HISTORY: 1962 Code Section 58-137.1; 1970 (56) 2420; 2006 Act No. 318, Section 24, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-970. Adoption and enforcement of federal standards for pipeline facilities and transportation.

The Office of Regulatory Staff is authorized to adopt and enforce the minimum federal safety standards for the transportation of gas and pipeline facilities established by the Secretary of Transportation pursuant to Section 3 (b) of the Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481) [49 U.S.C. Section 1672 (b)], as may be amended from time to time.
HISTORY: 1962 Code Section 58-137.2; 1970 (56) 2420; 2006 Act No. 318, Section 25, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-980. Additional minimum safety standards.

(a) After reasonable notice and an opportunity for the submission for written data, view, or arguments with or without opportunity for oral presentation by interested gas utilities, the regulatory staff, and the public, the commission may establish additional minimum safety standards for pipeline facilities and the transportation of gas (not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act) in this State.
(b) Gas safety standards may apply to the design, installation, inspection, testing, construction, extension, replacement and maintenance of the facilities. The safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing the standards, the Commission shall consider: (1) relevant pipeline safety data; (2) whether the standards are appropriate for the particular type of pipeline transportation and distribution; (3) the reasonableness of any proposed standards; and (4) the extent to which the standards will contribute to the public safety.
HISTORY: 1962 Code Section 58-138; 1970 (56) 2420; 2006 Act No. 318, Section 26, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-990. Application for rehearing; judicial review.

A gas utility which is or will be adversely affected by a rule or order of the commission adopted or established pursuant to this article may file an application for rehearing and may seek judicial review in accordance with provisions of Section 58-5-340. The commission must not be named a party to any action.
HISTORY: 1962 Code Section 58-139; 1970 (56) 2420; 2006 Act No. 318, Section 27, eff May 24, 2006; 2006 Act No. 387, Section 40, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1000. Certain gas utilities shall file plans for inspection and maintenance of pipeline facilities; revision of plans.

(a) Each gas utility that engages in the transportation of gas or which owns or operates pipeline facilities not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act shall file with the Office of Regulatory Staff a plan for inspection and maintenance of each pipeline facility owned or operated by the gas utility, and any changes in the plan, in accordance with regulations prescribed by the commission.
(b) The commission may by regulation also require any gas utility which engages in the transportation of gas or which owns or operates pipeline facilities subject to the provisions of this article to file its plan for approval with the Office of Regulatory Staff.
(c) If at any time the Commission finds that the plan is inadequate to achieve safe operation it shall, after notice and opportunity for a hearing, require the plan to be revised. The plan required by the Commission shall be practicable and designed to meet the need for pipeline safety. In determining the adequacy of any plan, the Commission shall consider: (1) relevant, available pipeline safety data; (2) whether the plan is appropriate for the particular type of pipeline transportation; (3) the reasonableness of the plan; and (4) the extent to which the plan will contribute to public safety.
HISTORY: 1962 Code Section 58-140; 1970 (56) 2420; 2006 Act No. 318, Section 28, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1020. Duties of certain gas utilities with regard to safety standards, inspection and maintenance plans and records.

Each gas utility which engages in the transportation of gas or which owns or operates pipeline facilities shall:
(a) At all times after the date any applicable safety standard established under this article takes effect, comply with the requirements of such standard; and
(b) File and comply with a plan of inspection and maintenance required by Section 58-5-1000; and
(c) Permit access to or copying of records; and make reports or provide information, and permit entry or inspection as required under Section 58-5-1010.
HISTORY: 1962 Code Section 58-142; 1970 (56) 2420.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1030. Civil penalties.

(a) A gas utility which violates a provision of Section 58-5-1020 or a regulation under this article is subject to a civil penalty of not more than ten thousand dollars for each violation for each day that the violation persists, except that the maximum civil penalty may not exceed five hundred thousand dollars for any related series of violations.
(b) A civil penalty may be compromised by the commission. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, must be considered. The amount of the penalty when finally determined, or the amount agreed upon in compromise, may be recovered in a civil action in the court of common pleas.
HISTORY: 1962 Code Section 58-143; 1970 (56) 2420; 1990 Act No. 334, Section 1, eff February 20, 1990.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies › Section 58-5-1040. Injunctive relief.

(a) The court of common pleas shall have jurisdiction to restrain violations of this article (including the restraining of transportation of gas or the operation of a pipeline facility) or to enforce standards established hereunder upon petition by the Office of Regulatory Staff. Whenever practicable, the Office of Regulatory Staff shall give notice to any gas utility against which an action for injunctive relief is contemplated and afford it an opportunity to present its views, and, except in the case of a knowing and willful violation, shall afford it reasonable opportunity to achieve compliance. The failure to give notice and afford an opportunity to achieve compliance shall not preclude the granting of appropriate relief.
(b) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, which violation also constitutes a violation of this article, trial shall be by the court or upon demand of the accused, by a jury. The trial shall be conducted in accordance with the practice and procedure applicable in such proceedings established by the court of common pleas.
(c) Actions under subsection (a) of this section and Section 58-5-1030 may be brought in the judicial circuit wherein any act or transaction constituting the violation occurred, or in the circuit wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other circuit of which the defendant is an inhabitant or transacts business or wherever the defendant may be found.
(d) In any action brought under subsection (a) of this section and Section 58-5-1030, subpoenas for witnesses who are required to attend a court of common pleas may be served in any county.
HISTORY: 1962 Code Section 58-144; 1970 (56) 2420; 2006 Act No. 318, Section 30, eff May 24, 2006.