Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 2720, Feb. 24 | Printed Page 2740, Feb. 24 |

Printed Page 2730 . . . . . Thursday, February 24, 1994

A. There is a clothing business in one. I believe an insurance company in another. One of them is --
Q. Do you lease to any public utilities?
A. No.
Q. Do you have any other business interests at this time?
A. No, sir, I don't.
Q. Do you own any utility stock?
A. No, sir.
Q. How about your wife, does she own any utility stock or anybody else in your household?
A. No, sir.
Q. You note that you have been sued once in the 1980's for loss of a rocking chair?
A. Yes, sir.
Q. I seem to note that the last hearing we went into this extensively and you were helping someone move, is that it?
A. Yes, sir.
Q. And you paid for the rocking chair?
A. I did. Probably much greater than its value, in fact.
Q. If I could note some terms for you and just see if you're familiar with them. Generational mix? That's fine. How about construction work in process?
A. I'm not familiar with that exactly term, but I suppose that would be construction of new generating facilities at current time.
Q. And would be the relevance of that?
A. The relevance of that is in a case such as CP&L is -- hasn't driven rates up, are you paying too much for your
-- for what you're building? Do you need that additional generating capacity? They've unfortunately run into some problems in one of their plants and it drew up their prices much higher than most South Carolina prices. It may go also to at least cost planning as to whether or not you've exhausted all other alternatives before building additional generating capacity.
Q. That's all, Mr. Chairman.
THE CHAIRMAN: Any questions from any members of the committee? Representative Wilkes.
EXAMINATION BY REPRESENTATIVE WILKES:
Q. Mr. Ingram, what -- I mean I read over your resume. It's very interesting. What precipitated your interest in the organ donor business?
A. I've been asked that question many times. It's -- I don't really have a clear answer for that. It's something that I always knew existed.

Printed Page 2731 . . . . . Thursday, February 24, 1994

Q. Right. No personal tragedies or anything like that?
A. No. Nothing in my family, really, that --
Q. The reason I was asking, I saw where you worked for the John Barleycorn Company and then I saw the liquor and then I saw here where you had the Liver Donors Association, I figured I might as well ask.
A. I like to call that a wide range of life experience.
Q. Yes, sir.
A. But I just -- there was opportunity there that they needed someone in an educational capacity and I was available for it and I really got a good feeling for it and found that I was able to help a lot of people through it and sort of continued it.

In fact, many -- those of you in the Legislature will be seeing a bill coming up this year hopefully in the House and Senate that is going to allow for $1 voluntarily contribution when someone gets or renews their license --
Q. Check off --
A. -- to be used for educational process through DHEC and that's the bill that I've worked on.
Q. Why did you leave the foundation?
A. Well, I'm still working in the foundation in Lifebridge Foundation is an extension of it. There were some other things that needed to be done that couldn't have been done through that particular agency.
Q. That's not a full time job?
A. No, not really.
Q. That's all I have, Mr. Chairman.
SENATOR COURTNEY: Mr. Chairman.
THE CHAIRMAN: Senator Courtney.
EXAMINATION BY MR. COURTNEY:
Q. Mr. Ingram, you seem to have a pretty good knowledge of terms concerning the PSC and some of the issues also. Did you take it upon yourself to educate yourself about these things? I mean, you know what wheeling is and construction in progress and things like that. How did you come about knowing these things?
A. Well, I'm sure I don't know all that I need to know or all that I would want to know, but I have been preparing for this for about six years now. Two years before the last term, watching rate increases, knowing something about water and sewer rates and how that effects people, watching the evolution of the bus system in Columbia, the people who are dependent on it and watching bus fares go up, I just decided to take it upon myself to begin studying these issues because I was very involved in


Printed Page 2732 . . . . . Thursday, February 24, 1994

community development in own community and in the Columbia area in general.

I worked on that off and on for about two years and during the last process decided to run for Public Service Commission knowing that I did not have much of a chance of winning. At that time, I began studying exactly what went on with the Public Service --
Q. How did you study? Where do you come upon the information and --
A. I looked up old transcripts, South Carolina Code of Laws, what the duties are, what the responsibilities are, began researching old newspaper articles. I subscribed to numerous utility publications, Public Utility Fortnight, Coal Outlook, some of them whose names are about as original as those, Natural Gas and Generation. Again, studying them just on my own at my own time and own expense.

Ran for Public Service Commission. Gained a lot of knowledge from that run. Was soundly defeated and decided I'd do it again in four more years. I took it upon myself to learn as much as I could in those four years and to reenter the University under the Master's of Public Administration Program to give myself a background and a basis in modern public administration, policy and procedure.
Q. And how much more time do you think you'll have before receiving your master's degree?
A. Probably about another a year to a year and a half depending on what type of schedule I'm able to maintain.
Q. You're to be commended for your efforts and I thank you.
THE CHAIRMAN: Any other questions? Representative Wilkes.
REEXAMINATION BY REPRESENTATIVE WILKES:
Q. Mr. Ingram, what is Heritage, Inc.?
A. That was a wine and beverage distribution company.
Q. So you were in that business for quite a while in sales?
A. Pretty much so. For several years.
Q. Thank you?
THE CHAIRMAN: Any another questions?
EXAMINATION BY REPRESENTATIVE KENNEDY:
Q. I would just like to ask Mr. Ingram, have you ever attended a Public Service Commission meeting?
A. Yes, sir.
THE CHAIRMAN: Any other questions? You may be excused.


Printed Page 2733 . . . . . Thursday, February 24, 1994

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Clayton B. Ingram

Home Address: Business Address

1215 Harvey Street 1215 Harvey Street

Columbia, SC 29201 Columbia, SC 29201

2. He was born in Cheraw, South Carolina on June 29, 1961.

Social Security Number: ***-**-****.

3. S.C. Driver's License Number: *********.

S.C. Voter Registration Number: 2 561 837.

4. He was married to Valerie E. Rose on September 22, 1985.
He has one child: Dillon Townsend Ingram, age 3.

6. He graduated from Cheraw High School in 1979. He then attended the University of South Carolina and graduated in May 1983 with a Bachelor of Arts in Journalism, specifically Advertising and Public Relations. He is currently enrolled in the University of South Carolina's Master of Public Administration program.

7. He has not held public office.

8. He ran as a candidate for Public Service Commissioner for the Second District in 1990.

9. He was managing partner in charge of business operations at John Barleycorn, Inc. from June 1984 until June 1986. He worked in sales and marketing at Ben Arnold Co. from August 1986 until February 1987; at Columbia Distributing Corp. from February 1987 until May 1988; at Heritage, Inc. from January 1989 until January 1992. He has been employed with the South Carolina Organ Procurement Agency since January 1993.

Mr. Ingram amended his response to this question after the original deadline by adding that he has left his last employer, the South Carolina Organ Procurement Agency. He has since served as director of The Lifebridge Foundation of South Carolina, Inc., a non-profit educational foundation dedicated to increasing public awareness on the need for organ and tissue donation in South Carolina.


Printed Page 2734 . . . . . Thursday, February 24, 1994

10. He is a 25% partner in Ingram Siblings Partnership, a business property partnership located in Cheraw.

14. In the 1980's, he was sued in small claims court for the loss of a rocking chair and ordered to pay $50.

19. He was employed as a part-time page in the South Carolina Senate from 1980 to 1983.

27. Civic, charitable, etc. organizations:Member, Blythewood Presbyterian Church; Earlewood Community of Citizens Organization; Columbia Council of Neighborhoods; Columbia Crime Prevention Committee; City of Columbia Mini-Grants Committee; Columbia Chamber of Commerce; Project L.I.F.E.; Midlands Organ Transplant Support Group; SC Liver Association;
Chairman, Columbia Community Development Week (1991, 1992).

29. Five letters of reference:

(a) Terri Purvis

Customer Service, NBSC

P.O. Box 1457

Columbia, SC 29202-1457

(803) 256-6300

(b) Martha Cross Sexton

Minister, Blythewood Presbyterian Church

P.O. Box 664

Blythewood, SC 29016

(803) 735-9896

(c) Julie Tanner

64 Darlington Avenue

Charleston, SC

(803) 723-6124

(d) John Fling

2916 River Drive

Columbia, SC 29201

(803) 360-5646

(e) Ed Harmon

800 Fontana Ave.

West Columbia, SC 29169

(803) 739-2169


Printed Page 2735 . . . . . Thursday, February 24, 1994

30. He is seeking the position of At-Large Member of the Public Service Commission.

MR. COUICK: This is the last one, Mr. Chairman.

Mr. Chairman, I received from James Felder a letter which we have distributed to the committee members indicating his determination to withdraw his candidacy. He also attaches some correspondence from the Supreme Court that was of some interest to the committee.
THE CHAIRMAN: His name will not even be listed.
MR. COUICK: Yes, sir, with his formal request, it would not be.
SENATOR JACKSON: Mr. Chairman, I ask to be excused for the rest of the day. Thank you.
MR. COUICK: Mr. Mitchell, if you would raise your right hand.
RUDOLPH MITCHELL, having been duly sworn, testified as follows:
MR. MITCHELL - EXAMINATION BY MR. COUICK:
Q. Mr. Mitchell, I'm reviewing your driver's license. It indicates that you're at Route 1, Box 152, Saluda, South Carolina, 29138; is that correct?
A. That's true. Yes, sir.
Q. And I also see that your voter registration card indicates the same address?
A. Yes.
Q. That would be in Saluda County?
A. Saluda County, right.
Q. Yes, sir. Thank you. Mr. Chairman, we have reviewed his -- Mr. Mitchell's credit report and also his SLED report. Both are negative. There are no negative entries on either one.

Mr. Mitchell, you have served on the Public Service Commission for a number of years.
A. Yes, sir.
Q. What do you hope to accomplish if you are to be reelected the next term? What unfinished goals do you have?
A. Mr. Couick, I want to first say if I may that I appreciate the opportunity of serving the citizens of South Carolina as a member of the Public Service Commission and that I have -- one of my main ambitions on the commission was to serve with -- in a manner that would bring integrity and character to the commission, gain the confidence of the people of South Carolina. I think that's very, very important. I have served in a way that I hope we have accomplished that.

I want to continue to serve because I feel like I have been beneficial to the people of the state. The regulatory process is -- there is a fine line to


Printed Page 2736 . . . . . Thursday, February 24, 1994

walk. We have the utilities that we regulate on one side and the consuming public on the other side. And we must be fair to the utilities and we must see, too, that they provide good service at as a nominal rate as possible.

So that is what I want to continue to do, continue to serve in a way that will bring integrity to the Public Service Commission. And in so doing it would gain -- continue to gain the confidence of the consumers and the people of South Carolina.
Q. Mr. Mitchell, what one or two major concerns or problems do you anticipate that you're going to have to confront in the next several years on the commission?
A. Well, there is a great, great, great change, Mr. Couick, in the telecommunications. I don't see that quite that much change in the electric utilities. Quite a bit of change in the water utilities. Many, many federal regulations that are coming down. It's going to create many, many problems for the smaller water utilities in the state.

But I feel that the changes that we might could make are to the water utilities. As you probably know by state code, smaller water utilities, 10,000 customers or less, the hearings can be held by a three-member panel. It was an act of the Legislature, but I feel that if this could be amended and maybe change that back, so that the full commission -- our work load has -- is not quite as heavy as it once was in the seventies.

When that act was passed in the seventies, we had the oil embargo, inflation was running at 10 to 15 percent and utilities were coming in practically every year for a rate increase and the act was passed so that we could spread out, so that three members could hold hearings. But inflation is down now and we're not having quite as many rate increases, so I think it would satisfy the people in the water utility or their customers that if the full panel of seven members would hear these cases and we would like to see that changed from "shall be three" to "may be three" is one change which I think it would really help the situation.
Q. Mr. Mitchell, Southern Bell had noted some time back that they did not anticipate in the foreseeable future asking for another rate increase. As you just noted, rate requests tend to be further and further between. At what point is it appropriate for the Public Service Commission even without a rate increase to inquire as to the profitability of a regulated utility?
A. Well, Mr. Couick, the commission did instigate incentive regulation and we moved into that area and allowed Bell and a few other utilities to do that. Of course, this was -- as you probably know, it was carried to


Printed Page 2737 . . . . . Thursday, February 24, 1994

the State Supreme Court and they ruled that we did not have the prerogative to do that.
Q. Right.
A. We felt that was a good measure. That would eliminate more hearings, give them a chance to increase their management and if they did so through the management, they would be rewarded with at a higher rate of return and, so -- but that was thrown out.

And so we -- it's a possibility I think that that might -- state statute might be -- state law might be initiated with that.
Q. Mr. Mitchell, my question kind of goes on the other side of that issue. It's to the question of, if someone is making money and they're not complaining, namely a regulated utility, perhaps the reason they're not complaining is their cost of delivering services has gone done significantly because technology has allowed them to cut costs.

If they don't apply for a rate increase, there would typically be no PSC oversight of that rate base. It would just on and on ad infinitum. When is it appropriate for the PSC to inquire --
A. I see --
Q. -- into a level of profitability of that company?
A. I understand. We have that situation. Our auditors make regular audits of the utilities that we represent, checking and see their rate of return. And we do have some utilities now earning over their allowed rate of return.

We give them a chance to be heard on the matter. If they don't, if it's not a satisfactory explanation given and we see what -- maybe they haven't made a certain expenditure, we will sure call them in and lower that rate of return and bring it back down.
Q. Have you done that?
A. Yes, sir.
Q. Who have you done that with?
A. We've done it with several of them. We've ordered several of the smaller telephone companies to, Freddie Pott and Pond Branch and several of the smaller telephone companies now. Southern Bell right at the present are earning over their rate of return.
Q. Have you ordered Southern Bell back in?
A. We are in process, yes, sir.
Q. Let me ask you a question about Bell South or Southern Bell. Several years ago, the Public Service Commission heard a request from Southern Bell to allow it to include a fiberoptic rebuild in its rate base to go out and replace its copper coaxial delivery lines or service lines with fiberoptic.


Printed Page 2738 . . . . . Thursday, February 24, 1994

It was your determination at that point to allow that. That fiberoptic certainly brings a better sound quality in the home, but it has lots of other uses, too.

From a consumer standpoint, should that person in Saluda County who only uses their phone to call their family or perhaps the hairdresser or someone like that have to pay for fiberoptic when that copper coaxial certainly was doing the job fine?
A. Well, we -- Mr. Couick, we're always interested in the utilities upgrading their services. In this case it seems, though, that if they were in Saluda County were receiving good service from the present lines under ground, we -- it would probably be that they shouldn't, but we do like to see a move into the new technologies that are available. And in the long run it brings a better service to all customers concerned.
Q. Yes, sir, but should there be a subsidy of -- by residential customers of service really only used by a small few -- a small percentage of business?
A. I don't think that would be fair to do, I sure don't. Well, it's the same situation now. I think it would be a comparable illustration here in the City of Columbia -- I'm getting off on another utility, but I think it's -- I think that you can see my point.

As you know, South Carolina Electric and Gas operates the bus service here Columbia and Charleston.
Q. Right.
A. They -- it's a losing proposition with them. Some have suggested that we include a small amount in the electric rates to compensate for that lost of all the customers in Saluda County, Aiken County, over that service area which I am strongly opposed to that.

That would be making those customers in South Carolina Electric and Gas pay for something that they have no benefit from. And so I would be opposed to any type of that.
Q. Well, what's the difference between fiberoptic and the bus service then? Why does big industry get the benefit of a subsidy and the bus riders don't?
A. Well, it's just -- I guess moving into a better technology and it's so minimum, I --
Q. Right.
A. -- think that I'd be --
Q. Do you own any utility stock?
A. No, sir.
Q. Does anyone in your family own any utility stock?
A. No, sir, not at all, Mr. Couick.


Printed Page 2739 . . . . . Thursday, February 24, 1994

Q. Mr. Mitchell, have you had an opportunity to review your Personal Data Questionnaire Summary?
A. Yes, sir. I sure did.
Q. Were there any corrections that you would like made to it?
A. Down in Number 98, it's not important, but it's says,
"During high school, he worked on his father's farm and shortly after completing high school he entered the dairy business." That was left out, I went into the army, four years.
Q. Okay.
A. That's the only change I would make.
Q. And we'll be glad to amend that. We're delighted to amend that.
A. Right.
THE CHAIRMAN: That's very important, Mr. Mitchell.
Q. Just a couple of other short questions, if I may. Generational mix, what does that refer to, Mr. Mitchell?
A. Well, that refers to a utility -- electric utility whether they generate -- what percentage they generate with nuclear, fossil fuel and the water.
Q. If I were to ask you how you would classify yourself on the subject of generational mix and requiring it or other environmentally progressive issues, would you be where on a spectrum of 1 to 10?

Have you been -- have you pushed hard for environmental cleanup or have you been generally content to let rates pretty much drive whatever the company's decide to choose as a fuel mix? How would you approach that?
A. Being out in the rural area -- and I might say that I am one of the only members on the commission that represents the agricultural interest of South Carolina being a farmer, and I think that's a great industry of South Carolina. I'm proud to, so that I can speak up for that industry.

We in agriculture certainly are concerned about the environment, the water and all that. I would say that I have stressed that very strongly in all of our deliberations to keep our water clean and keep the environment free of acid rain as much as possible in all the things that pollute our area.
Q. How about on siting decisions, Mr. Mitchell?
A. Excuse me.
Q. On generation plant siting decisions?
A. Yes, sir.
Q. I understand the Public Service Commission has independent authority to require environmental audits and insure that the environmental impact is as negligible as possible. What have you done in that area?
A. Well, we have always stressed that all of the agencies when we have a siting act -- when the utility files for a new place for a new generation


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