Reference is to Printer's Date 1/10/18-H.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 13-1-10 of the 1976 Code is amended to read:
"Section 13-1-10.
(A) The Department of Commerce is
established as an administrative agency of state government
which is comprised of a Division of State Development, a
Division of Savannah Valley Development, a Division of
Aeronautics, a Division of Public Railways, and
an Advisory Coordinating Council for Economic Development,
and the Utilities Consumer Advocate. Each division of the
Department of Commerce shall have such functions and powers as
provided for by law.
(B) All functions,
powers, and duties provided by law to the State Development
Board, the Savannah Valley Authority, the South Carolina
Aeronautics Commission, the South Carolina Public Railways
Commission, and the Coordinating Council for
Economic Development, and the Utilities Consumer
Advocate, its officers or agencies, are hereby transferred
to the Department of Commerce together with all records,
property, personnel, and unexpended appropriations. All rules,
regulations, standards, orders, or other actions of these
entities shall remain in effect unless specifically changed or
voided by the department in accordance with the Administrative
Procedures Act."
SECTION 2. Section 1-30-25 of the 1976 Code, as last amended by Act 359 of 2008, is further amended to read:
"Section 1-30-25.
The following agencies, boards, and commissions, including
all of the allied, advisory, affiliated, or related entities as
well as the employees, funds, property, and all contractual
rights and obligations associated with any such agency, except
for those subdivisions specifically included under another
department, are transferred to and incorporated in and must be
administered as part of the Department of Commerce to be
initially divided into divisions for Aeronautics, Advisory
Coordinating Council for Economic Development, State
Development, Public Railways, and Savannah
Valley Development, and Utilities Consumer Advocate:
(A) South Carolina
Aeronautics Commission, formerly provided for at Section
55-5-10, et seq.;
(B) Coordinating
Council for Economic Development, formerly provided for at
Section 41-45-30, et seq.;
(C) Savannah Valley
Authority, formerly provided for at Section 13-9-10, et
seq.;
(D) existing divisions
or components of the Department of Commerce formerly a part of
the State Development Board excluding the South Carolina Film
Commission; and
(E) South Carolina
Public Railways Commission, formerly provided for at Section
58-19-10, et seq; and
(F)
Utilities Consumer Advocate, provided for at Article
17, Chapter 1, Title 13."
SECTION 3. Chapter 1, Title 13 of the 1976 Code is amended by adding:
Section 13-1-2110. There is created within the Department of Commerce the Utilities Consumer Advocate with duties and responsibilities as provided in this article.
Section 13-1-2120. For
purposes of this article, the term:
(1) 'Commission' and
'Regulatory Staff' have the same meaning as provided in Section
58-4-5.
(2) 'Public Utility'
has the same meaning as provided in Section 58-4-5, but also
shall include in the meaning those electric utilities which are
the under the jurisdiction of the Public Service Commission.
Section 13-1-2130. (A)
The Utilities Consumer Advocate must be
appointed by the Secretary of the Department of Commerce, shall
serve at the pleasure of the Secretary of Commerce, and must be
an attorney qualified to practice in all courts of this State.
The Utilities Consumer Advocate shall not report to the Office
of Regulatory Staff but may avail himself of the services of the
Office of Regulatory Staff as necessary in representing the
public utility interests of consumers. The Office of Regulatory
Staff shall cooperate with any and all requests by the Utilities
Consumer Advocate and Regulatory Staff and shall be available to
provide research and expertise to the Utilities Consumer
Advocate as requested.
(B) Unless otherwise
provided by law, no person may serve as the Utilities Consumer
Advocate if the Public Service Commission regulates any utility
with which that person is associated. If the commission
regulates a business with which the Utilities Consumer Advocate
is associated, he must annually file a statement of economic
interests notwithstanding the provisions of Section
8-13-1110.
(C) No person may serve
as the Utilities Consumer Advocate 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.
Section 13-1-2140. The Utilities Consumer Advocate must be provided office space and be otherwise equipped by the Department of Commerce to perform the functions prescribed in this article. Necessary expenses must be paid from appropriations to the Department of Commerce provided annually in the General Appropriations Act. The Department of Commerce shall set the salary of the Utilities Consumer Advocate.
Section 13-1-2150. (A)
The duties and responsibilities of the
Utilities Consumer Advocate are:
(1)
to represent the public utility interests of consumers;
(2)
to provide legal representation of the consumer interests
before the state and federal regulatory agencies which undertake
to fix rates or prices for public utilities;
(3)
along with the Office of Regulatory Staff, to monitor
existing regulations, rate structures, and policies of those
agencies of special interest to utility consumers and report to
the public through the news media proposed changes under
consideration and the effect of those changes on the lives of
the citizens of the State; and
(4)
to evaluate and act upon requests from consumers
concerning the matters provided in items (1) through (3), except
that any proceedings initiated by the Utilities Consumer
Advocate must be brought on behalf of the public at large and
not for individuals; initiation or continuation of any
proceedings is in the sole discretion of the Utilities Consumer
Advocate.
(B) The Utilities
Consumer Advocate shall provide an annual report to the General
Assembly on January fifteenth of each year regarding the
previous year's activities on behalf of the interests of utility
consumers.
Section 13-1-2160. In the performance of his assigned functions, the Utilities Consumer Advocate shall have reasonable access to records of the Office of Regulatory Staff and any other state agency, as necessary, which are not classified by law as confidential, and those state agencies must cooperate with the Utilities Consumer Advocate in the performance of his duties. In addition, the Utilities Consumer Advocate must have reasonable access to confidential records and information if he enters a proprietary agreement to ensure their confidentiality. During the course of a ratemaking or other proceeding initiated before the Public Service Commission relating to public utilities, the Utilities Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law, the issuance of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter. If an order is not issued, the aggrieved party may appeal. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, also must specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved. In lieu of a written request, the request for such an order may be made orally upon the record at the hearing, for good cause shown. Any objections to the issuance of the order must be filed within three days of being notified of the written request or the order. Any objections so filed must list the specific grounds for objection. Objections must be ruled on within ten days or the objection is denied.
Section 13-1-2170. The Utilities Consumer Advocate is considered to have an interest sufficient to maintain actions for judicial review and may, as of right and in the manner prescribed by law, intervene or otherwise participate in any civil proceeding which involves the review or enforcement of an action that the Utilities Consumer Advocate determines may substantially affect the interests of public utility consumers.
Section 13-1-2180. Decisions of the Utilities Consumer Advocate respecting whether, when, or how to initiate, continue, or intervene in proceedings pursuant to this article, are in the sole discretion of the Utilities Consumer Advocate, except as modified by order of a court of competent jurisdiction. All prior references to the Consumer Advocate's role in so far as it conflicts with the Utilities Consumer Advocate's role are considered to be the responsibility of the Utilities Consumer Advocate.
Section 13-1-2190. The Utilities Consumer Advocate must not interview or seek employment with a public utility while serving as the Utilities Consumer Advocate. The Utilities Consumer Advocate 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 the Utilities Consumer Advocate. 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."
SECTION 4. Section 58-4-10 of the 1976 Code is amended to read:
"Section 58-4-10.
(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, 'public interest'
means a balancing of the following:
(1)
concerns of the using and consuming public with respect to
public utility services, regardless of the class of
customer;
(2)
economic development and job attraction and retention in
South Carolina; and
(3)
preservation of the financial integrity of the
state's public utilities and continued investment in and
maintenance of utility facilities so as to provide
preservation of 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."
SECTION 5. Section 58-4-50 of the 1976 Code is amended to read:
"Section 58-4-50.
(A) It is the duty and responsibility
of the regulatory staff to:
(1)
when considered necessary by the Executive Director of the
Office of Regulatory Staff or the Utilities Consumer
Advocate and in the public interest, review, investigate,
and make appropriate recommendations to the commission with
respect to the rates charged or proposed to be charged by any
public utility;
(2)
when considered necessary by the Executive Director of the
Office of Regulatory Staff and in the public interest, make
inspections, audits, and examinations of public utilities
regarding matters within the jurisdiction of the commission. The
regulatory staff has sole responsibility for
this duty but shall also make such inspections, audits, or
examinations of public utilities as requested by the commission
or the Utilities Consumer Advocate;
(3)
when considered necessary by the Executive Director of the
Office of Regulatory Staff or the Utilities Consumer
Advocate and in the public interest, review, investigate,
and make appropriate recommendations to the commission with
respect to the service furnished or proposed to be furnished by
any public utility;
(4)
represent the public interest in commission proceedings,
hearings, rulemakings, adjudications, arbitrations, and other
regulatory matters unless the Executive Director of the Office
of Regulatory Staff chooses to opt out as a participant under
the provisions of item 10 (10);
(5)
investigate complaints affecting the public interest
generally, including those which are directed to the commission,
commissioners, or commission employees, and where appropriate,
make recommendations to the commission and the Utilities
Consumer Advocate, as appropriate, with respect to these
complaints;
(6)
upon request by the commission or the Utilities
Consumer Advocate, make studies and recommendations to the
commission with respect to standards, regulations, practices, or
service of any public utility pursuant to the provisions of this
title;
(7)
make recommendations to the commission and the
Utilities Consumer Advocate with respect to standards,
regulations, practices, or service of any public utility
pursuant to the provisions of this title;
(8)
when considered necessary by the Executive Director of the
Office of Regulatory Staff and in the public interest, provide
legal representation of the public interest before state courts,
federal regulatory agencies, and federal courts in proceedings
that could affect the rates or service of any public
utility;
(9)
to serve as a facilitator or otherwise act directly or
indirectly to resolve disputes and issues involving matters
within the jurisdiction of the commission;
(10)
when considered appropriate by the Executive Director of
the Office of Regulatory Staff and not adverse to the public
interest, choose to not participate in any commission
proceeding; and
(11)
when considered necessary by the Executive Director of the
Office of Regulatory Staff, along with the Utilities Consumer
Advocate and in the public interest, educate the public on
matters affecting public utilities which are of special interest
to consumers.
(B) Subject to the
provisions of Section 58-3-260 and, upon request, the Executive
Director of the Office of Regulatory Staff must employ the
resources of the regulatory staff to furnish to the commission,
or its members, such information and reports or conduct such
investigations and provide other assistance as may reasonably be
required in order to supervise and control the public utilities
of the State and to carry out the laws providing for their
regulation.
(C) The Executive
Director of the Office of Regulatory Staff and regulatory staff
employees shall provide research, expertise, and any other
assistance requested by the Utilities Consumer Advocate as
provided in Article 17, Chapter 1, Title 13.
(D) Each
year, the Executive Director of the Office of Regulatory Staff
and the, regulatory staff employees,
and the Utilities Consumer Advocate must attend a workshop
of at least six contact hours concerning ethics and the
Administrative Procedures Act. This workshop must be developed
with input from the review committee."
SECTION 6. Section 58-4-55 of the 1976 Code is amended to read:
"Section 58-4-55.
(A) The regulatory staff, in
accomplishing its responsibilities under Section
58-4-50, and the provisions of Article 17,
Chapter 1, Title 13, shall have necessary subpoena powers
and may require the production of books, records, and other
information that, upon request of the regulatory staff, must be
submitted under oath. If the books, records, or other
information provided do not appear to disclose full and accurate
information and, if such apparent deficiencies are not cured
after reasonable notice, the regulatory staff may require the
attendance and testimony under oath of the officers,
accountants, or other agents of the parties having knowledge
thereof at such place as the regulatory staff may designate and
the expense of making the necessary examination or inspection
for the procuring of the information must be paid by the party
examined or inspected, to be collected by the regulatory staff
by suit or action, if necessary. If, however, the examination
and inspection and the reports thereof disclose that full and
accurate information had previously been made, the expense of
making the examination and inspection must be paid out of the
funds of the regulatory staff.
(B) If the regulatory
staff initiates an inspection, audit, or examination of a public
utility, the public utility that is the subject of the
inspection, audit, or examination may petition the commission to
terminate or limit the scope of such inspection, audit, or
examination. The commission must grant such petition if it finds
that such inspection, audit, or examination is arbitrary,
capricious, unnecessary, unduly burdensome, or unrelated to the
public utility's regulated operations.
(1)
If such an inspection, audit, or examination is not part
of a contested case proceeding, the public utility may also
raise objections or seek relief available under the South
Carolina Rules of Civil Procedure to a party upon whom discovery
is served or to a person upon whom a subpoena is served. The
commission shall provide the regulatory staff reasonable notice
to respond to any such objection or request. Absent the consent
of the public utility raising such an objection or request and
the Office of Regulatory Staff, the commission must rule on such
an objection or request within sixty days of the date it was
filed. During the pendency of the commission's ruling, the
public utility making such an objection or request is not
required to produce or provide access to any documents or
information that is the subject of the objection or request.
(2)
If such an inspection, audit, or examination is part of a
contested case proceeding, the commission shall address
objections to information sought by the regulatory staff in the
same manner in which it addresses objections to discovery issued
by the parties to the contested case proceeding.
(C) Any public utility
that provides the regulatory staff with copies of or access to
documents or information in the course of an inspection, audit,
or examination that is not part of a contested case proceeding
may designate any such documents or information as confidential
or proprietary if it believes in good faith that such documents
or information would be entitled to protection from public
disclosure under the South Carolina Rules of Civil Procedure or
any provision of South Carolina or federal law. The regulatory
staff may petition the commission for an order that some or all
of the documents so designated are not entitled to protection
from public disclosure and it shall be incumbent on the utility
to prove that such documents are entitled to protection from
public disclosure under the South Carolina Rules of Civil
Procedure or any provision of South Carolina or federal law. The
commission shall rule on such petition after providing the
regulatory staff and the utility an opportunity to be heard.
Unless the commission's order on such a petition contains a
finding to the contrary, all documents or information designated
as confidential or proprietary pursuant to this subsection are
exempt from public disclosure under Sections 30-4-10, et seq.
and the regulatory staff shall not disclose such documents and
information, or the contents thereof, to any member of the
commission or to any other person or entity; provided, however,
that, if the commission determines that it is necessary to view
such documents or information in order to rule on such a
petition, it shall order the regulatory staff to file the
documents or information with the commission under seal, and
such documents or information shall not be available for public
inspection during the pendency of the petition.
(D) Nothing in this
section restricts the regulatory staff's ability to serve
discovery in a contested case proceeding that seeks the type of
documents or information the regulatory staff has obtained in
the course of any review, investigation, inspection, audit, or
examination, nor does anything in this section restrict the
ability of any public utility to object to such discovery or to
seek relief regarding such discovery, including without
limitation the entry of a protective order. At the request of
the Utilities Consumer Advocate, the Executive Director of the
Office of Regulatory Staff shall issue subpoenas in accordance
with the reviews delineated in this chapter and in Article 17,
Chapter 1, Title 13.
(E)
Failure to provide information requested by the
Executive Director of the Office of Regulatory Staff or the
regulatory staff pursuant to the provisions of this chapter or
failure to provide information requested by the Utilities
Consumer Advocate is a misdemeanor punishable by thirty days
imprisonment or a five hundred dollar fine. The offense
contained in this section is a separate offense and is in
addition to any other offense for which the person may be
convicted."
SECTION 7. Section 58-4-80 of the 1976 Code is amended to read:
"Section 58-4-80. 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."
SECTION 8. The provisions of this act take effect ten days after approval by the Governor, and the Department of Commerce shall appoint the Utilities Consumer Advocate by the effective date of this act. /
Renumber sections to conform.
Amend title to conform.