South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-817.1 - E-Filing and E-Service

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Electronic Filing. The electronic transmission of a document to the E-Filing
			 System in accordance with this Regulation constitutes the filing of that
			 document in accordance with Title 58 of the South Carolina Code and the
			 Commission's Regulations in Chapter 103 of the South Carolina Code of State
			 Regulations.
B. Official Record.
			 Where a document is E-Filed, the electronic version of that filing constitutes
			 the official record. E-Filed documents have the same force and effect as
			 documents filed by Traditional Means. Documents filed by Traditional Means may
			 be converted to electronic format and made part of the docket by the Clerk's
			 Office. Once converted, the electronic version constitutes the official
			 record.
C. Timeliness. A document
			 transmitted and received by the E-Filing System on or before 11:59:59 p.m.,
			 Eastern Standard Time, shall be considered filed with the Commission on that
			 date, provided it is subsequently accepted by the Commission. Nothing in this
			 Regulation should be construed to reduce or extend any filing or service
			 deadlines set by statute, the South Carolina Rules of Civil Procedure, or
			 orders of the Commission, except requests for extensions of time to file
			 documents. Such requests must be filed with and approved by the
			 Commission.
D. "Notice of
			 Electronic Filing" or "Notification of Electronic Filing" ("NEF") is a notice
			 generated by the E-Filing System at the time of a filing or other Commission
			 action. An NEF is transmitted by email to all Authorized E-Filers who have
			 filed a Notice of Appearance and are counsel of record in the case and includes
			 a description of the filing and a list of parties to whom the NEF was
			 transmitted.
E. Electronic Service.
(1) Electronic Service of Process Not
			 Authorized. Service of process or service of any pleadings initiating cases
			 cannot be accomplished through the E-Filing System. The E-Filing System may not
			 be used for service of process of an application, petition, complaint, rule to
			 show cause, subpoena, or any other pleading or document required to be
			 personally served under Rule 4, SCRCP (South Carolina Rules of Civil
			 Procedure).
(2) Service of Other
			 Papers on Authorized E-Filers by the E-Filing System. Except as provided in
			 sub-paragraphs (A) and (B) below, upon the E-Filing of any pleading, motion, or
			 other paper subsequent to the filing initiating a case, the E-Filing System
			 will generate and transmit an NEF to all Authorized E-Filers associated with
			 that case after the filing has been accepted for processing by the Commission.
			 Where the parties are proceeding in the E-Filing System and a pleading, motion,
			 or other paper must be filed, made, or served under the Commission's statutes
			 or regulations or the SCRCP, upon the filer's receipt of a confirmation email
			 stating that the filing has been accepted for processing by the Commission, the
			 E-Filing of that pleading, motion, or other paper, together with the
			 transmission of an NEF, constitutes proper service under Rule 5, SCRCP, Title
			 58 of the South Carolina Code and Chapter 103 of the South Carolina Code of
			 State Regulations, as to all other parties who are E-Filers in that case. It is
			 the responsibility of an E-Filer to review the content of the E-Filed document
			 in the E-Filing System to determine its force and effect.
(a) No NEF will be created at case
			 initiation; however, the E-Filing System will transmit confirmations of receipt
			 and acceptance of the filing.
(b)
			 NEFs are transmitted only via email to representatives of parties of record.
			 E-Filers should comply with Commission Regulation
			 103-805 (Representation) for
			 entering an electronic notice of appearance when making an initial responsive
			 filing in a case that was initiated via the E-Filing System.
(3) Service Complete upon
			 E-Filing. Service of a pleading, motion, or other paper by NEF subsequent to
			 the summons and complaint or other filing initiating a case is complete at the
			 time of the submission and the Clerk's Office acceptance of the pleading,
			 motion, or other paper for E-Filing, provided an NEF is transmitted by the
			 E-Filing System in accordance with paragraph (e)(2) of this Section. The act of
			 E-Filing the pleading, motion or other paper is the equivalent of depositing it
			 in the United States Mail under Rule 5(b)(1), SCRCP, Title 58 of the South
			 Carolina Code and Chapter 103 of the South Carolina Code of State Regulations.
			 The NEF constitutes proof of service under Rule 5(b), SCRCP, Title 58 of the
			 South Carolina Code and Chapter 103 of the South Carolina Code of State
			 Regulations, and the date of service shall be the date stated in the NEF as the
			 "Official File Stamp." Where notice of the filing of a pleading, motion, or
			 other paper is served by an NEF, the E-Filer need not file proof of service,
			 but the E-Filer must retain a copy of the NEF as proof of service.
(4) Time to Respond Following Electronic
			 Service. Computation of the time for a response after service by NEF is
			 governed by Title 58 of the South Carolina Code and Chapter 103 of the South
			 Carolina Code of State Regulations.
(5) Service by or upon a Party Who is Not an
			 E-Filer in a Case.
(a) E-Filed motions,
			 pleadings, or other papers that must be served upon a party who is not
			 represented by an Authorized E-Filer in the case or who is a Traditional Filer
			 must be served by a Traditional Service method in accordance with Rule 5,
			 SCRCP, Title 58 of the South Carolina Code and Chapter 103 of the South
			 Carolina Code of State Regulations. An Authorized E-Filer who has E-Filed a
			 motion, pleading, or other paper prior to service of the motion, pleading, or
			 other paper shall serve a paper copy of the corresponding NEF on the
			 Traditional Filer(s). The Authorized E-Filer must also file proof of
			 Traditional Service as to all other parties who are Traditional
			 Filers.
(b) Traditional Filers must
			 continue to serve all parties with a paper copy of the motion, pleading, or
			 other paper by a Traditional Service method in accordance with Rule 5, SCRCP,
			 Title 58 of the South Carolina Code and Chapter 103 of the South Carolina Code
			 of State Regulations, and file a copy of the motion, pleading, or other paper
			 with the Commission, together with proof of service, as required by Rule 5(d),
			 SCRCP, Title 58 of the South Carolina Code and Chapter 103 of the South
			 Carolina Code of State Regulations.
(6) Failed Transmission of NEF. If an
			 Authorized E-Filer becomes aware that the NEF was not transmitted successfully
			 to other Authorized E-Filers in the case, or that the NEF is deficient, the
			 Authorized E-Filer shall, upon learning of the failure or deficiency, serve the
			 E-Filed document by email, hand delivery, facsimile, or first-class mail. Proof
			 of such service shall be E-Filed with the Commission within one business day of
			 service.