Bill 925

                    Current Status

Bill Number:               925
Ratification Number:       464
Act Number:                399
Introducing Body:          Senate
Subject:                   Relating to the service area of the South
                           Carolina Public Service Authority

(A399, R464, S925)

AN ACT TO AMEND SECTIONS 58-31-310, 58-31-330, AND 58-31-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE AREA OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO DEFINE LINES AFFECTED, TO PROVIDE FOR THE PUBLIC SERVICE AUTHORITY'S POWERS WITHIN DESIGNATED SERVICE AREAS AND ALSO TO ENUMERATE AREAS TO BE SERVED BY PARTICULAR ELECTRIC COOPERATIVES IN BERKELEY, GEORGETOWN, AND HORRY COUNTIES; TO SPECIFY WHAT JURISDICTION THE PUBLIC SERVICE COMMISSION IS ENTITLED TO EXERCISE OVER THESE SERVICE AREAS AND TO AUTHORIZE THE CONTINUED OPERATION AND MAINTENANCE OF LINES OF THE PUBLIC SERVICE AUTHORITY AND ELECTRIC COOPERATIVES WHEN LINES OF THESE SUPPLIERS ARE IN THE SERVICE AREA OF ANOTHER; TO PROVIDE CRITERIA FOR THE SERVICE OF CUSTOMERS FROM LINES LOCATED IN THE SERVICE AREA OF ANOTHER IN BERKELEY, GEORGETOWN, AND HORRY COUNTIES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 58-31-420, 58-31-430, AND 58-31-440, SO AS TO EXEMPT ELECTRIC SERVICE WITHIN MUNICIPAL CORPORATE LIMITS FROM THE PROVISIONS OF THE ACT; TO PROHIBIT THE PUBLIC SERVICE COMMISSION FROM ASSIGNING PUBLIC SERVICE AUTHORITY SERVICE AREAS TO OTHER ENTITIES; TO PROVIDE THAT ELECTRIC COOPERATIVES MAY SERVE AREAS RESERVED TO THEM IN SECTION 58-31-330; TO IMPOSE DUTIES ON THE PUBLIC SERVICE COMMISSION RELATIVE TO CONFORMING SERVICE AREA ASSIGNMENTS AND, ACCORDING TO LAW, CONFIRMING ITS JURISDICTION OVER ELECTRIC COOPERATIVE SERVICE AREAS; TO PROVIDE CUSTOMER CHOICE BETWEEN THE PUBLIC SERVICE AUTHORITY AND ELECTRIC COOPERATIVES WHEN AGREED UPON BY THE PARTIES; TO PROVIDE FOR THE CONTINUATION OF SERVICE BY THE PUBLIC SERVICE AUTHORITY TO PREMISES SERVED BY IT ON JULY 1, 1984; AND TO PROVIDE FOR SERVICE TO NEW PREMISES LOCATED WITHIN THREE HUNDRED FEET OF LINES OWNED BY ONE SUPPLIER IN ANOTHER SUPPLIERS SERVICE AREA.

Be it enacted by the General Assembly of the State of South Carolina:

Definition

SECTION 1. Section 58-31-310 of the 1976 Code is amended by adding at the end:

"(4) The term 'line' means any electric conductors operating at a nominal voltage level of 25 KV or less, measured phase-to-phase, except (a) in the case of overhead construction, conductors from the pole or tower nearest the premises of a consumer to the premises, or conductors from a line tap to the premises, and (b) in the case of underground construction, conductors from the transformer (or junction point, if there is one) nearest, on or in the premises of the consumer to the premises. The term 'line' includes any electric conductor operating at a nominal voltage level in excess of 25 KV when it is agreed between the Public Service Authority and an affected electric cooperative serving in the county where the conductor is located that the primary purpose and use of the conductor on January 1, 1984, was for the distribution of electric power and not for the transmission of bulk power from one area to another."

Service area

SECTION 2. Section 58-31-330 of the 1976 Code is amended to read:

"Section 58-31-330. Except as set forth in this article, the present service area of the Public Service Authority consists of the counties of Berkeley, Georgetown, and Horry; but the following described areas are not included in the Public Service Authority's present service area as defined herein:

(1) That portion of Berkeley County now being served by South Carolina Electric and Gas Company as indicated by crosshatching on Authority Drawing No. E-1851, entitled 'Map of Berkeley County Showing Crosshatched Area being served by S. C. E. & G.' and that portion of Berkeley County served by Berkeley Electric Cooperative, Inc., as the service area of Berkeley Electric Cooperative, Inc., is shown on Authority Drawing No. 5032-E08-0047 entitled 'Map of Berkeley County showing Designated Areas Served by South Carolina Public Service Authority and Berkeley Electric Cooperative'.

(2) That portion of Georgetown County now being served by Carolina Power and Light Company, as indicated by crosshatching on Authority Drawing No. E-1850, entitled 'Map of Georgetown County Showing Crosshatched Area being served by C. P. & L. Co.' and that portion of Georgetown County served by Santee Electric Cooperative, Inc., as the service area of Santee Electric Cooperative, Inc., is shown on Authority Drawing No. 5032-E08-0046 entitled 'Map of Georgetown County Showing Designated Areas Served by South Carolina Public Service Authority and Santee Electric Cooperative, Inc.'.

(3) That portion of Horry County now being served by Carolina Power and Light Company as indicated by crosshatching on Authority Drawing No. E-1849, entitled 'Map of Horry County Showing Crosshatched Area being served by C. P. & L. Co.' and that portion of Horry County served by Horry Electric Cooperative, Inc., as the service area of Horry Electric Cooperative, Inc., is shown on Authority Drawing No. 5032-E08-0048 entitled 'Map of Horry County Showing Designated Areas Served by South Carolina Public Service Authority and Horry Electric Cooperative, Inc.'.

The above described drawings, and all explanatory notes, symbols, and legends thereon, as approved by the General Manager of the Public Service Authority or his designee and the President of the electrical utility or electric cooperative involved or his designee, are made a part of this article by reference, and must be filed, safeguarded, and maintained as provided in Section 58-31-340."

Drawings must be filed

SECTION 3. Section 58-31-340 of the 1976 Code is amended to read:

"Section 58-31-340. Each of the drawings referred to in Section 58-31-330 must be filed in the place provided by law for recording the real estate records of the county concerned, and a certified copy of each drawing must be filed in the office of the Secretary of State. Certified copies of the drawings must be kept available for examination by the public in the principal office of the Public Service Authority, and must be furnished to the electrical utility or electric cooperative concerned.

Inaccuracies in the drawings discovered after certification and filing must be corrected by preparing revised drawings and approving and filing the revised drawings in the same manner as provided for original drawings.

Nothing contained in Sections 58-31-310 through 58-31-370 may be construed to prevent the Public Service Authority from acquiring, by purchase, the electric facilities, or any part of them, owned by another electrical utility and located in any of the crosshatched areas described in Section 58-31-330. The areas served by facilities purchased by the Public Service Authority shall become a part of the present service area of the Public Service Authority and must be evidenced by revised drawings approved and filed as provided in this section."

Authority not to repeal or modify other laws

SECTION 4. The 1976 Code is amended by adding:

"Section 58-31-420. The authority granted in this article shall not repeal or modify other laws applicable to electric service within municipal corporate limits, and any provisions of this article inconsistent with other laws are not applicable within the municipal limits.

Section 58-31-430. The Public Service Commission may not assign any portion of the present service area of the Public Service Authority to any electrical utility or electric cooperative and this service area must be exclusively served by the Public Service Authority. Santee Electric Cooperative, Inc., Berkeley Electric Cooperative, Inc., and Horry Electric Cooperative, Inc. may serve those areas reserved to them as provided in Section 58-31-330. The Public Service Commission is directed to conform the present assignment under Section 58-27-620 to the mandates of this article. Nothing contained in this article may be construed as preventing the Public Service Commission from exercising its jurisdiction over electric cooperative service areas in the manner provided by law. Upon customer choice either the Public Service Authority or an electric cooperative mentioned above may furnish electric service to any new premises which the other supplier has the right to serve pursuant to the provisions of this article, upon agreement of the affected suppliers.

Section 58-31-440. Lines of the Public Service Authority in existence on July 1, 1984, which extend into the service areas of Berkeley Electric Cooperative, Santee Electric Cooperative, and Horry Electric Cooperative, and lines of those cooperatives which extend into the service area of the Public Service Authority may continue to be operated and maintained by the owner of the lines, and premises served by the lines on July 1, 1984, must continue to be so served. The owner of a line in another supplier's service area may exclusively serve any new premises located wholly or partially within three hundred feet of the line. Where the premises are located wholly or partially within three hundred feet of a line of both the Public Service Authority and an electric cooperative, the customer may choose between those suppliers, and the supplier originally chosen shall continue to have the exclusive right to serve such premises."

Authority to provide proper vegetation

SECTION 5. The Public Service Authority shall provide proper vegetation or other method of erosion control on any existing or future right-of-ways.

Time effective

SECTION 6. This act shall take effect July 1, 1984.