reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-370. Arrest procedure.

When any person is apprehended by an inspector upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure shall be followed:
(1) The person being charged shall be served by the arresting inspector with an official summons and arrest report. The report shall give the appropriate judicial officer jurisdiction to dispose of the case.
(2) The person being charged may deposit with the arresting inspector a sum of money not to exceed one hundred dollars as bail in lieu of being immediately brought before the magistrate or other judicial officer; provided, that an official summons and arrest report may be issued without requiring any sum of money as bail.
(3) The official summons and arrest report shall indicate the amount of bail deposited with the inspector and shall serve as a receipt for the sum.
(4) The arresting inspector shall transmit any sum of money received from the person charged to the appropriate magistrate or other judicial officer.
(5) Upon receipt of the sum of money, if any is required, as bail, the arresting inspector may release the person charged so that he may appear before the proper judicial officer at a time and place stated in, and required by, the official summons and arrest report.
HISTORY: 1977 Act No. 90 Section 7.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-510. State Regulation of Public Utilities Review Committee established.

There is hereby established a committee to be known as the State Regulation of Public Utilities Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.
HISTORY: 2004 Act No. 175, Section 5, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-520. Membership; election of chairman; meetings; nomination of candidates for Public Service Commission and Executive Director of Office of Regulatory Staff.

(A) The review committee shall be composed of ten members, three of whom shall be members of the House of Representatives, including the Chairman of the Labor, Commerce and Industry Committee, or his designee, three of whom shall be members of the Senate, including the Chairman of the Judiciary Committee or his designee, two of whom shall be appointed by the Chairman of the Senate Judiciary Committee from the general public at large, and two of whom appointed by the Speaker of the House of Representatives from the general public at large. The Speaker of the House of Representatives shall determine how its legislative members shall be selected. The Chairman of the Senate Judiciary Committee will select the members of the Senate. Provided, however, that in making appointments to the joint committee, race, gender, and other demographic factors should be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. The members of the general public appointed by the Speaker and the Chairman of the Senate Judiciary Committee must be representative of all citizens of this State and must not be members of the General Assembly.
(B) The review committee must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the review committee may consider necessary. Thereafter, the review committee must meet at least annually and at the call of the chairman or by a majority of the members. A quorum consists of six members.
(C) Unless the review committee finds a candidate qualified and nominates the candidate for a seat on the Public Service Commission or for the Executive Director of the Office of Regulatory Staff, the candidate must not be elected to the Public Service Commission or appointed to serve as Executive Director of the Office of Regulatory Staff.
HISTORY: 2004 Act No. 175, Section 5, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-540. Expenses.

(A) The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the State on warrants duly signed by the chairman of the review committee and payable by the authorities from which they are appointed, except as provided in subsection (B) of this section.
(B) The expenses associated with the review committee's duties to qualify and nominate candidates for the commission and the Executive Director of the Office of Regulatory Staff, to develop and distribute surveys, to develop an annual workshop on ethics and the Administrative Procedures Act, and to undertake studies shall be borne by the public utilities subject to the jurisdiction of the Public Service Commission. On or before the first day of July in each year, the Department of Revenue must assess each public utility its proportion of the expenses in proportion to its gross income from operation in this State in the year ending 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 companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies 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. The review committee must certify to the Department of Revenue annually on or before May first the amounts to be assessed. The expenses of the review committee shall be advanced by a legislative body and the legislative body incurring such expense shall be reimbursed by the State at such time as the funds have been collected from the corporations liable therefor and, when collected, placed in the state treasury.
HISTORY: 2004 Act No. 175, Section 5, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-550. Staffing; identification of Executive Director candidates.

(A) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee.
(B) The review committee may employ or retain other professional staff, upon the determination of the necessity for other staff by the review committee.
(C) The review committee may employ consultants to assist in identifying candidates for the Executive Director of the Office of Regulatory Staff.
(D) Except as provided in Section 58-3-540(B), the costs and expenses of the review committee must be funded in the annual state General Appropriations Act.
HISTORY: 2004 Act No. 175, Section 5, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-560. Election of commission members; screening and qualification of candidates.

(A) Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the commission, the review committee must conduct its screening pursuant to the provisions of Section 2-20-10, et seq.; however, Section 2-20-40 is not applicable to a screening by the review committee.
(B) In order to be nominated for a seat on the commission, candidates must meet the requirements of Section 58-3-20 and this section. In screening candidates for the commission and making its findings, the review committee must seek to find the best qualified people by giving due consideration to:
(1) ability, dedication, compassion, common sense, and integrity of the candidates; and
(2) the race and gender of the candidates and other demographic factors to assure nondiscrimination to the greatest extent possible of all segments of the population of the State.
HISTORY: 2004 Act No. 175, Section 5, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-570. Study of other state commission structures, responsibilities; report and recommendations.

The review committee may conduct a comprehensive study of other states' commissions' structures, responsibilities, qualifications, and compensation. The review committee may prepare and deliver this report along with its recommendations to the General Assembly on or before January 15, 2006.
HISTORY: 2004 Act No. 175, Section 5, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 3 - Public Service Commission › Section 58-3-580. Organization of and allocation of staff to commission or Office of Regulatory Staff.

The review committee must allocate personal service positions and other appropriations within the commission to either the commission or the Office of Regulatory Staff. The review committee must organize appropriate divisions within the commission and, as submitted by the executive director, within the Office of Regulatory Staff. Notwithstanding any other provision of law, the review committee is authorized to approve position descriptions and compensation schedules for each position within the Office of Regulatory Staff. Notwithstanding any other provision of law, the salary of the Executive Director of the Office of Regulatory Staff shall not be construed as limiting the maximum salary that may be paid to other employees of the Office of Regulatory Staff. The review committee's authority to reorganize the agencies and assign personal service positions and other appropriations supersedes any provision of law to the contrary. In effectuating the review committee's assignment of positions between agencies, the Budget and Control Board is directed to assign through transfer both the position and the appropriation for the position. Notwithstanding this section or any other provision of law, the Executive Director of the Office of Regulatory Staff has sole authority to select and employ personnel of the Office of Regulatory Staff. On and after June 30, 2004, a commission employee whose position is transferred to the Office of Regulatory Staff is, upon application to the executive director, entitled only to due consideration for the position.
HISTORY: 2004 Act No. 175, Section 5, eff March 4, 2004; 2005 Act No. 5, Section 5, eff December 3, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-5. Definitions.

As used in this chapter:
(1) "Business with which he is associated" means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock.
(2) "Immediate family" means an individual who is:
(a) a child residing in the person's household;
(b) a spouse of the person; or
(c) an individual claimed by the person or the person's spouse as a dependent for income tax purposes.
(3) "Commission" means the Public Service Commission.
(4) "Hearing officer" means a person employed by the commission to serve as a presiding officer in an adjudicative proceeding before the commission.
(5) "Regulatory staff" means the executive director or the executive director and employees of the Office of Regulatory Staff.
(6) "Public utility" means public utility as defined in Section 58-5-10, telephone utility as defined in Section 58-9-10, government-owned telecommunications service provider as defined in Section 58-9-2610, radio common carrier as defined in Section 58-11-10, carriers governed in Chapter 13 of Title 58, railroads and railways as defined in Section 58-17-10, motor vehicle carrier as defined in Section 58-23-10, or electrical utility as defined in Section 58-27-10.
(7) "Review committee" means the State Regulation of Public Utilities Review Committee.
HISTORY: 2004 Act No. 175, Section 6, eff July 1, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-10. Office of Regulatory Staff created; representation of "public interest" in actions before commission; restrictions of communications.

(A) There is hereby created the Office of Regulatory Staff as a separate agency of the State with the duties and organizations as hereinafter provided.
(B) Unless and until it chooses not to participate, the Office of Regulatory Staff must be considered a party of record in all filings, applications, or proceedings before the commission. The regulatory staff must represent the public interest of South Carolina before the commission. For purposes of this chapter only, "public interest" means the concerns of the using and consuming public with respect to public utility services, regardless of the class of customer, and preservation of continued investment in and maintenance of utility facilities so as to provide reliable and high quality utility services.
(C) The Office of Regulatory Staff is subject to the provision of Section 58-3-260 prohibiting ex parte communications with the commission, and any advice given to the commission by the regulatory staff must be given in a form, forum, and manner as may lawfully be given by any other party or person.
HISTORY: 2004 Act No. 175, Section 6; eff July 1, 2004, as to subjections (A) and (C); eff January 1, 2005, as to subsection (B); 2018 Act No. 258 (H.4375), Section 8, eff June 28, 2018; 2019 Act No. 62 (H.3659), Section 12, eff May 16, 2019.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
Effect of Amendment
2018 Act No. 258, Section 8, rewrote (B).
2019 Act No. 62, Section 12, in (B), in the third sentence, inserted "only" following "For purposes of this chapter", and made a nonsubstantive change.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-20. Staff makeup, supervision and location.

(A) The Office of Regulatory Staff shall consist of the executive director, transportation inspectors, pipeline safety inspectors, railway safety inspectors, and other professional, administrative, technical, and clerical personnel as may be necessary in order for the regulatory staff to represent the public interest, as hereinafter provided. All such personnel must be appointed, supervised, and directed by the executive director.
(B) The regulatory staff is not subject to the supervision, direction, or control of the commission, the chairman, or members of the commission.
(C) The Office of Regulatory Staff must not be physically housed in the same location as the Public Service Commission. The review committee must approve the location of the Office of Regulatory Staff.
HISTORY: 2004 Act No. 175, Section 6, eff July 1, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-30. Appointment of executive director; qualifications; term of office; removal; vacancies; oath of office.

(A) The Executive Director of the Office of Regulatory Staff must be an attorney qualified to practice in all courts of this State with a minimum of eight years' practice experience and must be appointed pursuant to the procedure set forth in Section 58-3-530(1)(b).
(B) The review committee must nominate one candidate as qualified to serve as executive director for the Governor's consideration.
(1) A person must not be appointed to serve as Executive Director of the Office of Regulatory Staff unless the review committee nominates the person.
(2) If the Governor rejects a person nominated by the review committee for executive director, the review committee must nominate another candidate for the Governor to consider, until the Governor makes an appointment.
(C) The executive director must be appointed by the Governor for a term of six years and until his successor is appointed.
(D) The executive director must be initially appointed by the Governor on or before May 1, 2004. Thereafter, the executive director must be appointed by the Governor on or before April first of the year in which the term of the executive director begins.
(E) The initial term of office for the executive director begins July 1, 2004.
(F) The executive director may be removed from office by the Governor in the event of his incapacity to serve. In addition, the executive director may be removed for cause from office by the Governor pursuant to Section 1-3-240(C).
(G) In case of a vacancy in the office of executive director for any reason prior to the expiration of his term of office, the name of a nominee for the executive director's successor must be submitted by the review committee to the Governor.
(H) The executive director must take the oath of office provided by the Constitution and the oaths prescribed by law for state officers.
(I) The Office of Regulatory Staff shall be subject to annual review by the review committee; however, decisions of the Office of Regulatory Staff with respect to duties and responsibilities contained in Section 58-4-50 are in the sole discretion of the executive director, except as modified by order of a court of competent jurisdiction.
(J) The salary of the executive director must be set by the review committee.
HISTORY: 2004 Act No. 175, Section 6, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-40. Conflict of interest.

(A) Unless otherwise provided by law, no person may serve as the Executive Director of the Office of Regulatory Staff if the commission regulates any business with which that person is associated.
(B) If the commission regulates a business with which an employee of the Office of Regulatory Staff is associated, the employee must annually file a statement of economic interests notwithstanding the provisions of Section 8-13-1110.
(C) No person may be an employee of the Office of Regulatory Staff if the Public Service Commission regulates a business with which he is associated and this relationship creates a continuing or frequent conflict with the performance of his official responsibilities.
HISTORY: 2004 Act No. 175, Section 6, eff March 4, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-51. Office of Regulatory Staff; duties and responsibilities.

(A) Regulatory staff shall have the following duties and responsibilities concerning the Public Service Authority to:
(1) when considered necessary by the Executive Director of the Office of Regulatory Staff, review, investigate, and make appropriate recommendations to the appropriate entity with respect to the rates charged or proposed to be charged for electric service provided by the Public Service Authority;
(2) when considered necessary by the Executive Director of the Office of Regulatory Staff, make inspections, audits, and examinations of, and to make recommendations to, the appropriate entity, regarding electric service provided by the Public Service Authority;
(3) upon request by the commission, make studies and recommendations to the commission with respect to standards, regulations, practices, or electric service provided by the Public Service Authority for matters within the commission's jurisdiction; and
(4) when considered necessary by the Executive Director of the Office of Regulatory Staff, investigate and examine the condition of generation, transmission, or distribution electric facilities owned or operated by the Public Service Authority.
(B) Regulatory staff may participate as a party of interest, as deemed necessary by the Executive Director of the Office of Regulatory Staff, before regulatory agencies, state courts and federal courts, in matters that could affect the Public Service Authority's rates or charges for the Authority's electric service.
(C) The regulatory staff may have additional duties and responsibilities related to the Public Service Authority as otherwise provided by law.
HISTORY: 2021 Act No. 90 (H.3194), Section 13, eff January 1, 2022.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-80. Actions for judicial review of commission orders; intervention.

The executive director representing the regulatory staff is considered to have an interest sufficient to maintain actions for judicial review from commission orders or decisions and may, as of right and in a manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of commission action that the executive director determines may substantially affect the public interest. This right includes intervention in any action for judicial review from commission orders or decisions that are pending at any stage of the action. The executive director representing the regulatory staff has the same rights of appeal from commission orders or decisions as other parties to commission proceedings. On appeal, the Office of Regulatory Staff does not represent the commission.
HISTORY: 2004 Act No. 175, Section 6, eff January 1, 2005; 2018 Act No. 258 (H.4375), Section 9, eff June 28, 2018.
Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
Effect of Amendment
2018 Act No. 258, Section 9, added the fourth sentence, providing the Office of Regulatory Staff does not represent the commission on appeal.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-90. Discretion of executive director as to initiation of actions.

Except as required by Section 58-4-50, decisions relating to whether, when, or how to initiate, continue, participate, or intervene in proceedings pursuant to Section 58-4-50 are in the sole discretion of the executive director, except as modified by order of a court of competent jurisdiction.
HISTORY: 2004 Act No. 175, Section 6, eff July 1, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-100. Employment of certain expert witnesses and third-party consultants exempted State Procurement Code.

(A) To the extent necessary to carry out regulatory staff responsibilities, the executive director is authorized to employ expert witnesses and other professional expertise as the executive director may consider necessary to assist the regulatory staff in its participation in commission proceedings. The compensation paid to these persons may not exceed compensation generally paid by the regulated industry for such specialists. The compensation and expenses therefor must be paid by the public utility or utilities participating in the proceedings upon agreement between the public utility or utilities participating in the proceedings and the Office of Regulatory Staff or upon approval by the Review Committee or from the regulatory staff's budget. If paid by the public utility or utilities, the compensation and expenses must be treated by the commission, for ratemaking purposes, in a manner generally consistent with its treatment of similar expenditures incurred by utilities in the presentation of their cases before the commission. An accounting of compensation and expenses must be reported annually to the review committee, the Speaker of the House of Representatives, and the Chairman of the Senate Judiciary Committee.
(B) The Office of Regulatory Staff is exempt from the State Procurement Code in the selection and hiring of an expert or third-party consultant to conduct an independent study described in Section 58-37-60 and Section 58-41-20(H). However, the Office of Regulatory Staff and the commission may not hire the same expert or third-party consultant in the same proceeding or to address the same or similar issues in different proceedings.
HISTORY: 2004 Act No. 175, Section 6, eff July 1, 2004; 2005 Act No. 5, Section 7, eff December 3, 2004; 2019 Act No. 62 (H.3659), Section 13, eff May 16, 2019.
Effect of Amendment
2019 Act No. 62, Section 13, inserted the (A) identifier, and added (B).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-120. Promulgation of rules governing internal administration and operations.

Rules governing the internal administration and operations of the Office of the Regulatory Staff must be promulgated by the office and subject to review by the General Assembly as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution. After submission to the House of Representatives, the Speaker shall refer the rules to the Labor, Commerce and Industry Committee. After submission to the Senate, the President shall refer the rules to the Judiciary Committee.
HISTORY: 2004 Act No. 175, Section 6, eff July 1, 2004.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 4 - Office Of Regulatory Staff › Section 58-4-130. Restriction on outside employment of executive director.

The executive director must not interview or seek employment with a public utility while serving as executive director. The executive director may not represent or appear on behalf of a public utility in any proceeding before the commission in any matter within the commission's jurisdiction for one year after serving as executive director. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.
HISTORY: 2004 Act No. 175, Section 6, eff July 1, 2004.
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 58-5-10. Definitions.

When used in Articles 1, 3, and 5 of this chapter:
(1) The term "commission" means the Public Service Commission.
(2) The term "corporation" includes joint stock companies, corporations, associations and commissions and boards, whether public or private, having any powers or privileges not possessed by individuals or partnerships.
(3) The term "person" includes an individual, a firm, and a copartnership.
(4) The term "public utility" includes every corporation and person delivering natural gas distributed or transported by pipe, and every corporation and person furnishing or supplying in any manner heat (other than by means of electricity), water, sewerage collection, sewerage disposal, and street railway service, or any of them, to the public, or any portion thereof, for compensation; provided, however, that a corporation or person furnishing, supplying, marketing, and/or selling natural gas at the retail level for use as a fuel in self-propelled vehicles is not a public utility by virtue of the furnishing, supplying, marketing, and/or selling of natural gas and a corporation or person whose only purpose is the furnishing, supplying, marketing, and/or selling of treated effluent for irrigation purposes is not a public utility by virtue of the furnishing, supplying, marketing, and/or selling of treated effluent if the effluent is not permitted for consumption by a regulatory agency.
(5) The term "public or any portion thereof" means the public generally, or any limited portion of the public, including a person, private corporation, municipality, or any political subdivision of the State for which the service is performed or to which the commodity is delivered and whenever such corporation or person performs a service or delivers a commodity to the public, or any portion thereof, for which compensation is required such corporation or person is hereby declared to be a public utility subject to the jurisdiction and regulation of the Public Service Commission, the Office of Regulatory Staff, and Articles 1, 3, and 5 of this chapter to the extent of its activities within the State.
(6) The term "regulatory staff" means the executive director or the executive director and employees of the Office of Regulatory Staff.
HISTORY: 1962 Code Section 58-101; 1952 Code Section 58-101; 1942 Code Section 8209; 1932 Code Section 8252; Civ. C. '22 Section 1045; Civ. C. '12 Section 922; 1910 (16) 564; 1922 (32) 938; 1935 (39) 25; 1959 (51) 375; 1994 Act No. 389, Section 1, eff May 10, 1994; 2006 Act No. 318, Section 5, eff May 24, 2006; 2007 Act No. 83, Section 9, eff June 19, 2007.
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 58-5-20. Applicability to a business not exclusively a public utility.

Any corporation or person not engaged in business exclusively as a public utility shall be governed by the provisions of Articles 1, 3 and 5 of this chapter in respect only of the public utility owned, leased, operated or managed by it or him and not in respect to any other business or pursuit.
HISTORY: 1962 Code Section 58-102; 1952 Code Section 58-102; 1942 Code Section 8209; 1932 Code Section 8252; Civ. C. '22 Section 1045; Civ. C. '12 Section 922; 1910 (16) 564; 1922 (32) 938; 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 58-5-30. Exemption of public utilities owned or operated by municipalities and regional transportation authorities.

Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter 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 or regional transportation authority as defined in Chapter 25 of this title or their agencies.
HISTORY: 1962 Code Section 58-103; 1952 Code Section 58-103; 1942 Code Section 8213; 1932 Code Section 8262; 1922 (32) 938; 1923 (33) 183; 1935 (39) 25; 1985 Act No. 169, Section 1, eff July 1, 1985; 2002 Act No. 360, Section 1B, eff July 1, 2002; 2006 Act No. 318, Section 6, 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 58-5-35. Exemption of certain public utilities and pipeline companies from regulation by Commission.

Public utilities and pipeline companies engaged in the extraction, processing, distribution, or sale of landfill gas (LFG) derived from sanitary landfills, which provide this gas to no more than twenty customers from any single landfill, are exempt from regulation by the commission.
HISTORY: 1989 Act No. 162, Section 3, eff June 5, 1989.
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 58-5-40. Exemption of sellers at wholesale of water or water-borne waste disposal services to municipality.

Any water supplier who sells water wholesale to a municipality and any supplier of water-borne waste disposal services who renders such services on a wholesale basis to a municipality shall not be under the jurisdiction of the South Carolina Public Service Commission or the Office of Regulatory Staff as to such sale of water or services.
HISTORY: 1962 Code Section 58-107; 1969 (56) 444; 1976 Act No. 556; 2006 Act No. 318, Section 7, 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 58-5-50. Exemption of certain term contracts from declaration of unreasonableness by Commission.

Nothing contained in Articles 1, 3 and 5 of this chapter shall authorize the Commission to declare any rate, toll, charge or fare contained in any contract voluntarily entered into prior to March 24, 1922 for a term of years by and between any public utility and any person or corporation, whether public, private or municipal, for the sale and purchase of gas, or other commodity, the subject of such contract, to be unreasonable and noncompensatory without the consent of both parties to such contract.
HISTORY: 1962 Code Section 58-104; 1952 Code Section 58-104; 1942 Code Section 8213; 1932 Code Section 8262; 1922 (32) 938; 1923 (33) 183; 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 58-5-60. Exemption of certain rates, tolls, charges, or fares set by franchise or ordinance from declaration of unreasonableness by Commission.

The Commission shall have no power to declare any rate, toll, charge or fare or any maximum rate, toll, charge or fare contained in, or provided for, by any franchise or ordinance, whereby any municipality, prior to March 24, 1922, has given any public utility the right to use the streets or public places of such municipality for any purpose, to be unreasonable and noncompensatory when such ordinance or franchise has been, prior to March 24, 1922, accepted by such public utility.
HISTORY: 1962 Code Section 58-105; 1952 Code Section 58-105; 1942 Code Section 8213; 1932 Code Section 8262; 1922 (32) 943; 1923 (33) 183; 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 58-5-210. Supervision and regulation of rates and service.

The Public Service Commission is hereby, to the extent granted, vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State, together with the power, after hearing, to ascertain and fix such just and reasonable standards, classifications, regulations, practices and measurements of service to be furnished, imposed, observed and followed by every public utility in this State and the State hereby asserts its rights to regulate the rates and services of every "public utility" as herein defined.
HISTORY: 1962 Code Section 58-111; 1952 Code Section 58-111; 1942 Code Section 8210; 1932 Code Section 8253; Civ. C. '22 Section 1046; Civ. C. '12 Section 923; 1910 (26) 564; 1922 (32) 938; 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 58-5-220. Standardized system of accounts.

The Office of Regulatory Staff may, in its discretion, subject to approval of the commission:
(a) establish a standardized system of accounts to be kept by the public utilities subject to its jurisdiction;
(b) classify such public utilities and establish a standardized system of accounts for each class; and
(c) prescribe the manner in which such accounts shall be kept.
HISTORY: 1962 Code Section 58-112; 1952 Code Section 58-112; 1942 Code Section 8210; 1932 Code Section 8253; Civ. C. '22 Section 1046; Civ. C. '12 Section 923; 1910 (26) 564; 1922 (32) 938; 1935 (39) 25; 2006 Act No. 318, Section 8, 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 58-5-230. Examination of books and accounts.

The books and accounts of all public utilities shall be subject to the examination of the regulatory staff at any time.
HISTORY: 1962 Code Section 58-113; 1952 Code Section 58-113; 1942 Code Section 8210; 1932 Code Section 8253; Civ. C. '22 Section 1046; Civ. C. '12 Section 923; 1910 (26) 564; 1922 (32) 938; 1935 (39) 25; 2006 Act No. 318, Section 9, 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 58-5-260. Notice by publication of filing of new or changed schedule.

Within ten days after the filing of any new or changed schedule by a public utility the Commission shall give general notice thereof by publication.
HISTORY: 1962 Code Section 58-116; 1952 Code Section 58-116; 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.
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 58-5-270. Applications and individual consumer complaints; hearings.

Applications may be made by any corporation, public or private, person, chamber of commerce or board of trade, by any civic, commercial, mercantile, traffic, agricultural, or manufacturing association or by any body politic, commission, board, or municipal corporation by petition in writing, setting forth any act or thing done, or omitted to be done, with respect to which, under the provisions of Articles 1, 3, and 5 of this chapter, the commission has jurisdiction or is alleged to have jurisdiction. Individual consumer complaints must be filed with the Office of Regulatory Staff which has the responsibility of mediating consumer complaints under the provisions of Articles 1, 3, and 5. If a complaint is not resolved to the satisfaction of the complainant, the complainant may request a hearing before the commission. The commission has jurisdiction to hear complaints regarding the reasonableness of any rates or charges that affect the general body of ratepayers; but the commission may at its discretion refuse to entertain a petition as to the reasonableness of any rates or charges unless it be signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission or other legislative body of the city or county or city or town affected by the subject matter of such complaint or by not less than twenty-five consumers of the public utility named in the complaint. Any public utility shall have the right to petition the commission on any of the grounds upon which petitions are allowed to be filed by other parties, including the fairness, reasonableness, or sufficiency of any schedule, classification, rate, price, charge, fare, toll, rental, rule, regulation, service, or facility of such public utility and in such event the same procedure shall be adopted and followed as in other cases.
HISTORY: 1962 Code Section 58-117; 1952 Code Section 58-117; 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 11, 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 58-5-290. Correction by Commission of improper rates and the like.

Whenever the Commission shall find, after hearing, that the rates, fares, tolls, rentals, charges or classifications or any of them, however or whensoever they shall have theretofore been fixed or established, demanded, observed, charged or collected by any public utility for any service, product or commodity, or that the rules, regulations or practices, or any of them, affecting such rates, fares, tolls, rentals, charges or classifications, or any of them, are unjust, unreasonable, noncompensatory, inadequate, discriminatory or preferential or in any wise in violation of any provision of law, the Commission shall, subject to review by the courts, as herein provided, determine the just and reasonable fares, tolls, rentals, charges or classifications, rules, regulations or practices to be thereafter observed and enforced and shall fix them by order as herein provided.
HISTORY: 1962 Code Section 58-119; 1952 Code Section 58-119; 1942 Code Section 8210; 1932 Code Section 8253; Civ. C. '22 Section 1046; Civ. C. '12 Section 923; 1910 (26) 564; 1922 (32) 938; 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 58-5-300. All facts may be considered in making correction.

In connection with a determination under Section 58-5-290 the commission may consider all facts which in its judgment have a bearing upon a proper determination of the question, although not set forth in the application and not within the allegations contained therein.
HISTORY: 1962 Code Section 58-120; 1952 Code Section 58-120; 1942 Code Section 8210; 1932 Code Section 8253; Civ. C. '22 Section 1046; Civ. C. '12 Section 923; 1910 (26) 564; 1922 (32) 938; 1935 (39) 25; 2006 Act No. 318, Section 12, 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 58-5-310. Record of proceedings; transcript of evidence.

The commission shall cause a record to be kept of all proceedings and all testimony shall be taken down by a competent stenographer, designated by the commission, and a copy or transcript thereof, verified by the oath of such stenographer, shall be furnished on terms fixed by the commission to parties desiring it and shall be received in evidence with the same effect as if such stenographer were present and testified thereto.
HISTORY: 1962 Code Section 58-121; 1952 Code Section 58-121; 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 13, 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 58-5-320. Recision, alteration or amendment of order or decision.

The commission may, at any time, upon notice and opportunity to the public utility affected and the regulatory staff to be heard, rescind, alter, or amend any order or decision made by it. Any order rescinding, altering, or amending a prior order or decision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions.
HISTORY: 1962 Code Section 58-122; 1952 Code Section 58-122; 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 14, 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 58-5-330. Rehearing by Commission.

Within twenty days after an order or decision is made by the commission, any party to the action or proceeding may apply for a rehearing as to any matter determined in the action or proceeding and specified in the application for rehearing and a rehearing must be granted if in the judgment of the commission sufficient reason exists. No right of appeal arising out of an order or decision of the commission accrues in any court to any corporation or person unless the corporation or person makes application to the commission for a rehearing within the time specified. The application must set forth specifically the ground on which the applicant considers the decision or order to be unlawful. The determination must be made by the commission within thirty days after it is finally submitted. If, after the hearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission is of the opinion that the original order or decision, or any part of it, is in any respect unjust or unwarranted or should be changed, the commission may abrogate, change or modify it and, if changed or modified, the modified order must be substituted in the place of the order originally entered and with like force and effect.
HISTORY: 1962 Code Section 58-123; 1952 Code Section 58-123; 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. 387, Section 38, 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."