reglab/statecodes huggingface dataset:
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 4 - CUSTOMER RELATIONS › Section 103-738 - Customer Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
A.
				Complaints concerning the charges, practices, facilities, or service of the
				utility shall be investigated promptly and thoroughly. The utility shall keep
				records of customer complaints as will enable it and the ORS to review and
				analyze its procedures and actions. All customer complaints shall be processed
				by the utility pursuant to 103-716 and 103-730.F.
B. When the ORS has notified the utility that
				a complaint has been received concerning a specific account and the ORS has
				received notice of the complaint before service is terminated, the utility
				shall not discontinue the service of that account until the ORS's investigation
				is completed and the results have been received by the utility. Service shall
				not be discontinued if the complainant requests in writing a hearing before the
				commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 4 - CUSTOMER RELATIONS › Section 103-739 - Tariffs, Rules and Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
A copy of the utility's tariffs as filed with the commission
				  and provided to the ORS shall be on file in the local business offices of the
				  utility and shall be available for public inspection.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 4 - CUSTOMER RELATIONS › Section 103-740 - System Which Utility Must Maintain

Current through Register Vol. 48, No. 6, June 28, 2024
Each utility, unless specifically relieved in any case by the
				  commission from such obligation, shall operate and maintain in safe, efficient
				  and proper conditions all of its facilities and equipment used in connection
				  with the services it provides to any customer up to and including the point of
				  delivery into systems or facilities owned by the customer.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 4 - CUSTOMER RELATIONS › Section 103-741 - Replacement of Meters

Current through Register Vol. 48, No. 6, June 28, 2024
Whenever a consumer requests the replacement of a service
				  meter on his premises, such request shall be treated as a request for the test
				  on such meter, and as such shall fall under the provisions of
				  103-760(B).
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 4 - CUSTOMER RELATIONS › Section 103-742 - Waste of Water

Current through Register Vol. 48, No. 6, June 28, 2024
The customer should maintain his service pipe and all piping
				  and fixtures on or in the building so that any loss of water through leakage is
				  kept to a reasonably small amount. If the leakage becomes excessive, then it
				  may be treated as a willful waste of water. Unnecessary or excessive use of
				  water may be treated as a willful waste of water.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 4 - CUSTOMER RELATIONS › Section 103-743 - Contracts

Current through Register Vol. 48, No. 6, June 28, 2024
No utility shall execute or enter into any agreement or
				  contract with any person, firm, partnership, or corporation or any agency of
				  the Federal, state, or local government which would impact, pertain to, or
				  effect said utility's fitness, willingness, or ability to provide water
				  service, including but not limited to the treatment of said water, without
				  first submitting said contract in form to the commission and the ORS and
				  obtaining approval of the commission.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 5 - ENGINEERING › Section 103-750 - Requirement for Good Engineering Practice

Current through Register Vol. 48, No. 6, June 28, 2024
A. The water plant of the utility shall be
				constructed, installed, maintained and operated in accordance with accepted
				good engineering practice and regulations included to assure as far as
				reasonably possible, continuity of service, uniformity in the quality of
				service furnished, and the safety of persons and property.
The design and construction of the water plant shall conform
				  to the requirements of the South Carolina Department of Health and
				  Environmental Control.
B.
				Disinfection of facilities. All new mains, pumps, tanks, wells and other
				facilities for handling potable water, repaired mains and other facilities,
				shall be thoroughly disinfected before being connected to the system. The
				method of disinfection shall be as approved by the Department of Health and
				Environmental Control.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 5 - ENGINEERING › Section 103-751 - Acceptable Standards

Current through Register Vol. 48, No. 6, June 28, 2024
Unless otherwise specified by the commission, each utility
				  shall use the guideline of the Department of Health and Environmental Control
				  as minimum standards of good engineering practices.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 5 - ENGINEERING › Section 103-752 - Acceptable References

Current through Register Vol. 48, No. 6, June 28, 2024
Unless otherwise specified by the commission, the utility
				  shall use the applicable provisions in the publications listed below as
				  operational requirements, where applicable, and standards of accepted good
				  practice:
(a) The most current edition
				of the Community Water Systems, Ameen; and
(b) The most current edition of the Manual of
				Individual Water Systems.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 5 - ENGINEERING › Section 103-753 - Adequacy of Service

Current through Register Vol. 48, No. 6, June 28, 2024
The source of supply and transmission facilities, and/or
				  production and/or storage capacity of the utility's plant, must be sufficiently
				  large to meet all reasonably expectable demands for service.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 5 - ENGINEERING › Section 103-754 - Inspection of Utility Plant

Current through Register Vol. 48, No. 6, June 28, 2024
Each utility must adopt a program of inspection of its plant
				  in order to determine the necessity for replacement and repair. The frequency
				  of the various inspections shall be based on the utility's experience and
				  accepted good practice.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 5 - ENGINEERING › Section 103-755 - Temporary Service

Current through Register Vol. 48, No. 6, June 28, 2024
When the utility renders temporary service to a customer, it
				  may require that the customer bear all the cost of installing and removing the
				  service in excess of any salvage realized.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 5 - ENGINEERING › Section 103-756 - Engineering Analysis

Current through Register Vol. 48, No. 6, June 28, 2024
A. The ORS or
				its authorized representatives may survey anticipated extensions of water line
				and the utility will assist in such survey and provide all pertinent data
				necessary to determine cost and feasibility of extending such lines.
B. The utility shall assist in the
				verification of tests of water meters made by ORS or its authorized
				representative.
C. The utility
				shall provide the ORS and its representatives access to all utility property
				when the ORS undertakes to verify inventories of utility plant systems, or
				obtain other necessary information.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 6 - INSPECTION AND TESTS › Section 103-760 - Utility Inspections and Tests

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each utility shall, unless specifically
				excused by the commission, provide such laboratory, meter-testing equipment and
				other equipment and facilities as may be necessary to make the tests required
				of it by these rules or other orders of the commission. The apparatus and
				equipment so provided shall be subject to the approval of the commission, and
				it shall be available at all times for the inspection of any member or
				authorized representative of the ORS.
B. Upon request by a customer and at no
				charge, the utility shall make a test of the meter serving him, provided that
				such tests need not be made more frequently than once in 24 months.
1) The customer, or his representative, may
				be present when his meter is tested.
2) A report of the results of the test shall
				be made to the customer within a reasonable time after the completion of the
				test, and a record of the report, together with a complete record of each test,
				shall be kept on file at the office of the utility.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 6 - INSPECTION AND TESTS › Section 103-761 - ORS Inspection and Tests

Current through Register Vol. 48, No. 6, June 28, 2024
The ORS shall make tests of meters as follows:
(a) Upon written application to the ORS by a
				customer or a utility, a test will be made of the customer's meter as soon as
				practicable.
(b) On receipt of such
				request the ORS will notify the utility and the utility shall not knowingly
				remove or adjust the meter until instructed by the ORS. The utility shall
				furnish to the ORS's representative such reasonable assistance as may be
				required to make the test.
(c) The
				customer, or the customer's representatives, may be present when the customer's
				meter is tested.
(d) The ORS will
				make a written report of the results of the test to the customer and to the
				utility.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 6 - INSPECTION AND TESTS › Section 103-762 - Test Procedures and Accuracies

Current through Register Vol. 48, No. 6, June 28, 2024
Method of Testing. All tests to determine the accuracy of
				  registration of any water service meter shall be made with a suitable meter
				  prover, and records of all regular or complaint tests shall be kept in the
				  files of the utility.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 6 - INSPECTION AND TESTS › Section 103-763 - Facilities and Equipment for Testing

Current through Register Vol. 48, No. 6, June 28, 2024
Each utility shall maintain or designate a meter shop for the
				  purpose of inspecting, testing and repairing meters. The shop shall be open for
				  inspection by authorized representatives of the ORS at all reasonable times,
				  and the facilities and equipment, as well as the methods of measurement and
				  testing employed, shall be subject to the approval of the commission. The
				  accuracy of the test equipment and test procedures shall be such that the
				  overall error will not exceed .03%.
1.
				Working Standards.
A. Each meter shop
				maintained or designated by a utility shall have at least one calibrated tank
				available for volumetric measurement or a tank mounted upon scales for weight
				measurement. The tank shall be of sufficient capacity to insure an acceptable
				determination of the accuracy of the utility's meters.
B. The utility may use a portable test meter,
				approved by the commission for use as a standard, for the purpose of testing
				meters.
C. Reasonable care must be
				exercised in the use and handling of standards to assure that their accuracy is
				not disturbed. Each standard shall be accompanied at all times by a certificate
				or calibration card, duly signed and dated, on which are recorded the
				corrections required to compensate for errors found at the customary test
				points at the time of the last previous test.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 7 - STANDARDS AND QUALITY OF SERVICE › Section 103-770 - Quality of Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each utility
				shall provide water that is potable and, insofar as practicable, free from
				objectionable odor, taste, color and turbidity. Each utility must have a permit
				as required by the health laws of the State of South Carolina, and shall comply
				with all laws and regulations of State and local agencies pertaining to water
				service.
B. Water Supply.
1) The source of supply shall be:
(a) Free from pollution, unless the water is
				subsequently purified by treatment.
(b) Adequate to provide a continuous supply
				of water.
(c) Of such quality as to
				meet the standards of the South Carolina Department of Health and Environmental
				Control.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 7 - STANDARDS AND QUALITY OF SERVICE › Section 103-771 - Interruptions of Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each
				utility shall make reasonable efforts to avoid interruptions of service, but
				when interruptions occur, service shall be re-established within the shortest
				time practicable, consistent with considerations of safety.
B. Scheduled interruptions shall be made at a
				time that will not cause unreasonable inconvenience to customers and shall be
				preceded by adequate notice to those who will be affected.
C. Each utility shall maintain records and
				notify the commission and the ORS of any interruption in its service in
				accordance with 103-714.
D. If an
				interruption affects the service of any public fire protection system, the
				utility shall immediately notify the public official responsible for fire
				protection.
E. When the system
				pressure is provided through mechanical means, emergency standby pumping
				equipment or other adequate facilities shall be available to maintain pressure
				in the mains in the event of failure of the primary pumping
				facilities.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 7 - STANDARDS AND QUALITY OF SERVICE › Section 103-772 - Restrictions of the Use of Service

Current through Register Vol. 48, No. 6, June 28, 2024
A. The utility may impose reasonable
				restrictions on the outdoor use of water during period of shortage of supply,
				excessive demand or other difficulty which jeopardizes the supply of water to
				any group of customers.
B. The
				utility may impose reasonable restrictions on the use of water by customers who
				use large quantities of water and thereby create conditions which prevent the
				company from supplying satisfactory service to that customer, or to other
				customers.
C. If a utility finds
				that it is necessary to restrict the use of water, it shall notify the
				customers, and give the commission and ORS written notice before such
				restriction becomes effective, except in the event of an emergency, when such
				notification may be made by telephone. Such notifications shall specify:
1) The reason for the restriction.
2) The nature and extent of the restriction,
				(e.g., on outdoor use of water, use by certain classes of customers,
				etc.).
3) The date such restriction
				is to go into effect.
4) The
				probable date of termination of such restriction.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 7 - STANDARDS AND QUALITY OF SERVICE › Section 103-773 - Pressure Tests

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each utility
				having more than 100 customers must have at least one portable recording
				pressure gauge available.
B.
				Pressure measurements should be made at the customer's meter, or if no meter,
				customer's curb stop. If no outlet is available at this point, then the
				measurement may be made at the nearest available outlet, making due allowance
				for any pressure differential between the point of measurement.
C. Each utility shall make a sufficient
				number of pressure measurements in order to determine if pressures throughout
				the system are in compliance with the requirements of 103-774.
D. Each utility shall keep records of each
				test of pressures. These records shall include, as a minimum, the date, time,
				and location where the test was conducted. Pressure records shall be retained
				by the utility for at least two years and shall be made available for
				inspection by the ORS at all reasonable times.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 7 - STANDARDS AND QUALITY OF SERVICE › Section 103-774 - Pressure Limits

Current through Register Vol. 48, No. 6, June 28, 2024
A. Under normal
				conditions of use of water, the pressure at a customer's service connection
				shall be:
1) Not less than 25 psig;
				and,
2) Not more than 125
				psig.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 8 - SAFETY › Section 103-780 - Acceptable Standards

Current through Register Vol. 48, No. 6, June 28, 2024
As criteria of accepted good safety practice the commission
				  will use the applicable provisions of the standards referred to in
				  103-751.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 8 - SAFETY › Section 103-781 - Protective Measures

Current through Register Vol. 48, No. 6, June 28, 2024
A. Each utility
				shall exercise reasonable care to reduce the hazards to which its employees,
				its customers, and the general public may be subjected.
B. The utility shall give reasonable
				assistance to the ORS in the investigation of the cause of accidents and shall
				give reasonable assistance to the commission and the ORS in the determination
				of suitable means of accident prevention.
C. Each utility shall maintain a summary of
				all reported accidents arising from its operations.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 7 - WATER UTILITIES › Subarticle 8 - SAFETY › Section 103-782 - Safety Program

Current through Register Vol. 48, No. 6, June 28, 2024
Each utility shall devise and implement a safety program,
				  adapted to the size and type of its operations. At a minimum, the safety
				  program should:
(a) Require the
				employees to use suitable tools and equipment in order that they may perform
				their work in a safe manner.
(b)
				Instruct employees in safe methods of performing their work.
(c) Instruct employees who, in the course of
				their work, are subject to the hazard of electrical shock, asphyxiation or
				drowning, in accepted methods of artificial respiration.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-800 - Authorization

Current through Register Vol. 48, No. 6, June 28, 2024
A. In accordance
			 with provisions of law, the Public Service Commission has adopted the following
			 rules and regulations and fixed the following standards to govern the practice
			 and procedures of parties before it. All previous rules or standards of
			 practice and procedure are hereby revoked, annulled and superseded.
B. The adoption of these rules shall in no
			 way preclude the Public Service Commission from altering, amending or revoking
			 them in whole or in part, or from making additions thereto, pursuant to
			 provisions of law, upon petition of a proper party or upon its own
			 motion.
C. The adoption of these
			 rules of practice and procedure shall not relieve either the Commission or any
			 party participating in proceedings before it of any duties prescribed under the
			 laws of this State.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-802 - Purpose of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
These rules are intended to define standards of proper practice
				before the Public Service Commission. They are intended to insure that all
				parties participating in proceedings before the Commission will be accorded the
				procedural fairness to which they are entitled by law. These rules are further
				intended to promote efficiency in, and certainty of, the procedures and
				practices herein adopted. All parties participating in proceedings before the
				Commission shall assist the Commission in the implementation of these rules and
				regulations.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-803 - Waiver of Rules

Current through Register Vol. 48, No. 6, June 28, 2024
In any case where compliance with any of these rules and
				regulations produces unusual hardship or difficulty, or where circumstances
				indicate that a waiver of one or more rules or regulations is otherwise
				appropriate, such rule or regulation may be waived by the Commission upon a
				finding by the Commission that such waiver is not contrary to the public
				interest.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-810 - Functions of the Commission

Current through Register Vol. 48, No. 6, June 28, 2024
The Commission, as provided for by the South Carolina
				Constitution and as vested with power and jurisdiction by the South Carolina
				General Assembly, performs the following general functions:
A. Regulation and supervision of
			 privately-owned electric utilities as to rates, charges, services, facilities,
			 practices, accounting procedures, the purchase, sale or lease of utility
			 property and the issuance of securities; and the administration of the Rural
			 Electric Cooperative Act, relative to territorial boundaries. S. C. Code Ann.,
			 Section
			 58-27-10
			 et. seq. (1976), as amended; and R.103-300,
			 et. seq.
B. Regulation and
			 supervision of rates and charges, services, facilities, practices and
			 accounting procedures of all intrastate privately-owned gas, water and sewerage
			 companies; and administration of the Gas Safety Act of 1970. S. C. Code Ann.,
			 Section
			 58-5-10
			 et. seq., (1976), as amended; R.103-400
			 et. seq.; R.103-500
			 et. seq., R.103-700,
			 et. seq.
C. Except as otherwise
			 provided by law, regulation and supervision of rates and charges, services,
			 facilities, practices and accounting procedures for all privately and
			 publicly-owned telephone and telegraph companies within the State. S.C. Code
			 Ann. Section
			 58-9-10
			 et. seq., (1976), as amended; R.
			 103-600
			 et. seq.
D. Regulation and
			 supervision of rates and charges, services, facilities, practices and
			 accounting procedures of all radio common carriers within the State. S. C. Code
			 Ann., Section
			 58-11-10
			 et seq., (1976).
E. Regulation and
			 supervision of for hire motor carriers of freight and passengers relative to
			 rates, schedules, rules, charges and facilities; issuance and supervision of
			 the administration of Certificates of Public Convenience and Necessity;
			 administration of Registration and Safety Act of 1970. S. C. Code Ann., Section
			 58-23-10
			 et. seq., (1976), as amended; R.103-100
			 et. seq.
F. Regulation and
			 supervision of express and telegraph companies. S. C. Code Ann. Section
			 58-9-2310 et.
			 seq. (1976), as amended.
G.
			 Regulation and supervision of rates, services, charges, schedules, and
			 facilities of railroads and railways. S. C. Code Ann., Section
			 58-15-10
			 et. seq. (1976), as amended; R.103-1 et. seq.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-813 - The Commission Staff

Current through Register Vol. 48, No. 6, June 28, 2024
The Commission is authorized and empowered to employ a chief
				clerk and deputy clerk; a commission attorney and assistant commission
				attorneys; hearing officers; hearing reporters; and such other professional,
				administrative, technical, and clerical personnel as the commission determines
				to be necessary in the proper discharge of the commission's duties and
				responsibilities as provided by law.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-814 - Commission Meetings

Current through Register Vol. 48, No. 6, June 28, 2024
Formal meetings of the Commission are held on a weekly basis,
				or at the call of the chairman or at the call of a majority of the Commission,
				for the purposes of formulating decisions, composing orders, planning and
				coordinating the work of the Commission, and conferring with the Commission
				staff. The Chief Clerk shall be responsible for the arrangement of the agenda
				of matters to be considered at Commission meetings. All Commission meetings and
				executive sessions are conducted in accordance with the terms of S.C. Code
				Ann., Section
				30-4-10
				et. seq.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-815 - Office Hours

Current through Register Vol. 48, No. 6, June 28, 2024
The offices of the Commission will be open for business daily
				during the hours between 8:15 A. M. and 4:45 P. M., Monday through Friday,
				subject to the observance of State holidays.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-817 - Proceedings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Nature of
			 Proceedings. If required by law and upon filing of a pleading as set forth in
			 R.103-819, et. seq., proceedings
			 for the purpose of rulemaking, ratemaking, licensing, determining rights,
			 duties, or privileges of any party, and undertaking an official inquiry for the
			 purposes of gathering information or making determinations, which fall under
			 the jurisdiction of the Commission, shall be conducted by one or more
			 Commissioners, or by a hearing examiner through the development of a formal
			 record.
B. Initiation of
			 Proceedings.
(1) All proceedings shall be
			 initiated by filing with the Chief Clerk at the business offices at the
			 Commission an original and copies, as determined by the Commission, of an
			 appropriate pleading unless otherwise provided, as designated in
			 R.103-819, et seq.
(2) The Chief Clerk may refuse to accept for
			 filing any pleading that does not conform to the rules of the Commission, and
			 shall furnish written notice to the party or the authorized representative
			 within ten days after receipt, stating why it has not been accepted for
			 filing.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-818 - Rulemaking Proceedings

Current through Register Vol. 48, No. 6, June 28, 2024
A. Nature
			 of Rulemaking Proceedings. When permitted by law, and upon the filing of a
			 pleading, proceedings for the purpose of rulemaking shall be conducted by one
			 or more Commissioners or by a hearing examiner through the development of a
			 formal record.
B. Initiation of
			 Rulemaking Proceedings. Rulemaking proceedings shall be initiated by the
			 process identified in R.
			 103-817B.
C. Conduct of Rulemaking Proceedings.
(1) Pleadings filed with the Commission
			 initiating rulemaking proceedings shall be processed as in proceedings,
			 pursuant to R.
			 103-817C(1) and
			 (2).
(2) General notice of proposed
			 rulemaking proceedings shall be made in accordance with applicable provisions
			 of law.
(3) The Commission shall
			 provide an opportunity to interested parties for participation in the
			 rulemaking proceeding through submission of written data, views or arguments
			 with or without opportunity for oral presentation.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-819 - General Contents of Pleadings

Current through Register Vol. 48, No. 6, June 28, 2024
All pleadings in proceedings before the Commission to which
				docket numbers have been assigned shall prominently display such docket
				numbers. All pleadings shall also include the following information:
A. The legal name and address of each person
			 by whom such pleading is filed;
B.
			 The full name and address of the authorized representative of the person filing
			 the pleading;
C. A concise and
			 cogent statement of the facts such person is prepared to present to the
			 Commission;
D. A statement
			 identifying the specific relief sought by the person filing the
			 pleading.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-820 - General Form of Pleadings

Current through Register Vol. 48, No. 6, June 28, 2024
All pleadings filed in proceedings before the Commission should
				be typewritten on paper cut or folded to letter size (8 to 8 1/2 inches wide by
				10 1/2 to 11 inches long) with a left-hand margin not less than 1 1/2 inches
				wide and other margins not less than 1 inch wide. The impression shall be on
				one side of the paper only.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-821 - Copies of Pleadings

Current through Register Vol. 48, No. 6, June 28, 2024
Pleadings shall be filed in one original and copies, as
				determined by the Commission, unless otherwise specified by the Chief Clerk. In
				addition, where practicable, an electronic copy of the pleadings shall be
				served on the Chief Clerk and all parties according to such procedures as may
				be directed by the Commission. Mimeographed or photocopied copies will be
				accepted as typewritten, provided all copies are clearly
				legible.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-822 - Signature and Verification

Current through Register Vol. 48, No. 6, June 28, 2024
All pleadings filed with the Commission shall be signed. The
				signature of the person, or its authorized representative, submitting the
				pleading, shall constitute an admission that such person or representative has
				read the pleading and knows the contents thereof, and, if the signatory is
				acting in a representative capacity, that such signatory has the capacity and
				authority specified therein. A verification under oath shall be required if
				facts are alleged to be true within the knowledge of the person filing the
				pleading.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-823.1 - Financing Applications

Current through Register Vol. 48, No. 6, June 28, 2024
Any electrical utility filing financing applications must
				provide the following information as a separate part of its application:
a. Identify the effect of the proposed
			 financing on the utility's income statement and balance sheet and identify the
			 impact of the proposed financing on the utility's capital structure;
b. Identify specifically how the funds
			 obtained through the proposed financing are to be used by the
			 utility;
c. Provide information on
			 the possible impact on the utility if the proposed financing is not approved or
			 if approval is delayed;
d. Specify
			 the expected effective rate of interest of any debt financing (a range for the
			 rate is appropriate). For common stock issues, provide information on the
			 anticipated market price and book value per share at the time of
			 issue;
e. Provide information on
			 the expected benefits (e.g., savings expected from early debt retirement) and
			 costs (e.g., issuance expenses) of the proposed financing. Provide any studies
			 that were developed to identify these costs and benefits and the net result.
			 (This could incorporate present value analysis of the costs and benefits.)
			 Identify the basic assumptions of any analyses of costs and benefits.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-824 - Complaints

Current through Register Vol. 48, No. 6, June 28, 2024
Any person complaining of anything done or omitted to be done
				by any person under the statutory jurisdiction of the Commission in
				contravention of any statute, rule, regulation or order administered or issued
				by the Commission, may file a written complaint with the Commission, requesting
				a proceeding.
A. Contents of
			 Complaints. A written complaint filed with the Commission shall contain the
			 following information:
(1) The name, address,
			 e-mail address, and telephone number of the person making the complaint and of
			 his authorized representative, if he is represented.
(2) The name and address of the person about
			 whom the complaint is made.
(3) A
			 concise and cogent statement of the factual situation surrounding the
			 complaint. If a complaint relates to an act, rule, regulation or order
			 administered or issued by the Commission, or to a provision in a tariff or
			 contract on file with the Commission, the act, rule, regulation, order, tariff
			 or contract should be specifically identified in the complaint.
(4) A concise statement of the nature of the
			 relief sought.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-825 - Petitions

Current through Register Vol. 48, No. 6, June 28, 2024
Petitions may be submitted to the Commission for any relief,
				other than for an adjustment of rates and charges, which the Commission is
				empowered to grant under its statutory authority. Petitions which may be filed
				include: Petition for Rulemaking, Petition for a Declaratory Order, Petition to
				Intervene, Petition for Rehearing or Reconsideration, and Petition for a Rule
				to Show Cause.
A. Content of
			 Petitions. Petitions shall state clearly and concisely the petitioner's grounds
			 of interest in the subject matter, the facts relied upon, and the relief
			 sought. Petitions shall cite by appropriate reference the statutory provision
			 or other authority relied upon for relief. The following requirements are
			 applicable to specific types of Petitions:
(1)
			 A Petition for Rulemaking shall set forth clearly and concisely:
(a) The petitioner's interest in the subject
			 matter;
(b) The specific rule,
			 amendment, waiver or repeal requested;
(c) The statutory provision or other
			 authority therefore;
(d) The
			 purpose of, and the grounds requiring, the proposed rulemaking.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-826 - Answers

Current through Register Vol. 48, No. 6, June 28, 2024
Answers are submitted to the Commission in response to
				complaints and petitions, and to Rules to Show Cause issued by the Commission.
				Answers are not required to Petitions for Rehearing or Reconsideration.
A. Content of Answers.
(1) Answers shall be drawn so as to advise
			 fully and completely the Commission and any party as to the nature of the
			 defense. Answers shall admit or deny, specifically and in detail, each material
			 allegation of the pleading answered, and shall state clearly and concisely the
			 facts and law relied upon.
(2) In
			 an answer to a Rule to Show Cause, mere general denials of the allegations
			 contained in the rule which are unsupported by specific facts will not be
			 considered as complying with this section and may be deemed a basis for entry
			 of a final order without hearing, unless otherwise required by law, on the
			 ground that that answer has raised no issue requiring a hearing or further
			 proceeding.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-827 - Protests

Current through Register Vol. 48, No. 6, June 28, 2024
A. In General. A
			 protest is intended to advise the Commission and all parties to a proceeding
			 before the Commission of the fact and character of the protestant's objection
			 to part or all of the subject matter of the proceeding. The filing of a protest
			 does not make the protestant a party of record. The protest will be placed in a
			 public file associated with, but not part of the formal record, and will be
			 available for such further exploration of the substantive matters raised
			 therein by the Office of Regulatory Staff and other parties as may be
			 appropriate.
B. Form of Protests.
			 No specific form of protest shall be required. The letter or writing should
			 contain the name and address of the protestant, the proceeding or matter to
			 which the protest is addressed, a concise statement of the protest, and whether
			 the protestant wishes to make an appearance at a hearing, if
			 scheduled.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-828 - Amendments

Current through Register Vol. 48, No. 6, June 28, 2024
Any modification or supplement to a pleading shall be deemed an
				amendment to the pleading, and shall comply with the particular requirements of
				content and form for the type of pleading so amended. Upon its own motion or
				upon motion duly filed by a party of record, the Commission may for good cause
				decline to permit, or may strike in whole or in part, any amendment. No
				amendment to a pleading may be filed within ten (10) days prior to the
				commencement of or during a hearing unless directed or permitted by the
				Commission or presiding officer after opportunity for all parties of record to
				be heard thereon.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-829 - Motions

Current through Register Vol. 48, No. 6, June 28, 2024
A. Motions, except
			 those made during hearings, will be reduced to writing and filed with the Chief
			 Clerk at least ten (10) days prior to the commencement of a hearing. Responses
			 to such motions are due within ten days after service of said motions. Replies
			 to responses to motions shall be filed with the Commission within five days of
			 service of the response. These times may be modified by order of the Commission
			 or its designee for good cause. Written motions to quash a subpoena will be
			 made pursuant to R.
			 103-832.
B. The Commission, in its discretion and upon
			 due notice to all parties of record, may entertain oral argument and response
			 on prefiled motions in advance of the scheduled hearing in the proceeding to
			 which the motions pertain. Otherwise, such argument and response shall be made
			 at the commencement of the hearing. The presiding officer may make a ruling
			 upon such motion at the completion of oral argument, at the conclusion of the
			 hearing, or in the written order making disposition of the subject matter of
			 the proceeding.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-830 - Filing and Service of Pleadings

Current through Register Vol. 48, No. 6, June 28, 2024
All pleadings shall be filed with the Chief Clerk of the
				Commission and served on the Office of Regulatory Staff unless and until it
				chooses not to participate in a proceeding.
A. Service of Complaints and Answers.
(1) A complainant requesting a hearing shall
			 file the complaint with the Chief Clerk. The Chief Clerk shall furnish a copy
			 of the complaint to the defendant within 14 days of filing.
(2) The defendant shall serve its answer on
			 the complainant and shall file its answer with certification of service with
			 the Commission within 30 days of receipt of the complaint, unless an extension
			 of time is granted for good cause shown. Any defendant failing to file its
			 answer within such period, unless an extension of time is granted, shall be
			 deemed in default and all relevant facts stated in such complaint may be deemed
			 admitted.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-830.1 - Service Between Parties of Record

Current through Register Vol. 48, No. 6, June 28, 2024
Upon written agreement by all the parties in a docket, service
				of filings made in a docket at the commission may be made through e-mail or
				electronic service.
Upon a notice of appearance by a party in a docket or, in the
				case of an intervenor, the filing of a Petition to Intervene, service of
				filings made in a docket at the Commission shall be made through email or
				electronic service. The appearance of a party, or the filing of a Petition to
				Intervene in the docket evidences the consent of the party or Intervenor to
				accept service by email or electronic service. The notice of appearance filed
				by the party or Intervenor shall include an email address to receive electronic
				service of filings. If a party does not have the ability for electronic
				service, the party shall be served by traditional means.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-831 - Computation of Time

Current through Register Vol. 48, No. 6, June 28, 2024
The computation of time shall be governed by Rule
				6
				of the South Carolina Rules of Civil Procedure. Extensions of time may be
				granted by the commission for good cause shown. The provisions of Regulation
				Regulation 103-831 do not apply to Petitions for Rehearing or
				Reconsideration.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-832 - Subpoenas and Subpoenas Duces Tecum

Current through Register Vol. 48, No. 6, June 28, 2024
Subpoenas and Subpoenas Duces Tecum shall be issued and served
				in a manner consistent with the South Carolina Rules of Civil
				Procedure.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-834 - Depositions

Current through Register Vol. 48, No. 6, June 28, 2024
Any party of record to a proceeding may, by written request,
				ask the Commission or its designee for leave to take the testimony of any
				witness by deposition. The request shall set forth the facts the requesting
				party seeks to establish by the deposition. Such written request shall be filed
				with the Commission at least 10 days prior to the commencement of the scheduled
				hearing. The requesting party shall give notice by providing a copy of the
				written request to each party of record to the proceeding. If the Commission or
				its designee deems the request meritorious, it may issue an Order designating
				the individual whose deposition may be taken, specifying the subject matter of
				the examination, and setting forth the time and place of such deposition, and
				whether it shall be written or oral examination. All costs incidental thereto
				shall be paid by the party desiring such deposition. If the request is not
				deemed meritorious, the written request shall be denied by Order or
				otherwise.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-835 - Other Discovery Procedures

Current through Register Vol. 48, No. 6, June 28, 2024
The S. C. Rules of Civil Procedure govern all discovery matters
				not covered in Commission Regulations. Upon motion by a party, the Commission
				may entertain proposed modifications to discovery procedures and
				schedules.
All discovery, including requests and responses to discovery,
				shall be served upon all parties, upon request, and with respect to
				confidential and or proprietary materials, the execution of an appropriate
				non-disclosure agreement or protective order. Every party is entitled to
				receive or to request a copy of all prior discovery in the proceeding upon the
				granting of intervention.
This section is subject to the limitations contained in S.C.
				Code Ann. Section
				58-4-55.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-836 - How Hearings are Set

Current through Register Vol. 48, No. 6, June 28, 2024
The Commission will assign a time and place for hearing and
				shall give notice thereof as required by law.
The Commission is authorized to conduct such hearings virtually
				or by other remote means, as needed.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-837 - Hearing Calendar

Current through Register Vol. 48, No. 6, June 28, 2024
The hearing calendar will be posted in the office of the Chief
				Clerk of the Commission and shall be available for inspection by the public
				during the office hours of the Commission. Proceedings pending upon this
				calendar will be heard in their order of assignment, so far as practicable, at
				the times and places fixed, provided, however, in its discretion, with or
				without motion, the Commission may, at any time with reasonable notice to the
				parties, advance or postpone any proceeding on the hearing
				calendar.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-838 - Continuance

Current through Register Vol. 48, No. 6, June 28, 2024
Any party of record desiring a continuance shall, immediately
				upon receipt of notice of the hearing or as soon thereafter as facts requiring
				such continuance come to its knowledge, notify the Chief Clerk, stating in
				detail the reasons why such continuance is necessary. Unless good cause is
				shown, no such continuance shall be granted.
South Carolina Code of Regulations › Chapter 103 - PUBLIC SERVICE COMMISSION › Article 8 - PRACTICE AND PROCEDURE › Section 103-839 - Prehearing Conferences

Current through Register Vol. 48, No. 6, June 28, 2024
A.
			 Purposes. Upon written notice by the Commission in any proceeding, parties of
			 record or their authorized representative may be directed to meet before a
			 designated staff member at a specified time and place for a conference, prior
			 to a hearing, for the purpose of formulating issues, and considering:
(1) The simplification of issues;
(2) The necessity or desirability of amending
			 the pleadings for the purposes of clarification, amplification or
			 limitation;
(3) The possibility of
			 obtaining admissions of fact and documents which will avoid unnecessary
			 proof;
(4) Limitations on the
			 number and consolidation of the examination of witnesses;
(5) The procedure at the hearing;
(6) The distribution of written testimony and
			 exhibits to the parties prior to the hearing;
(7) Any other matters as may aid in the
			 disposition of the proceeding, or settlement thereof.