View Amendment Current Amendment: 23a to Bill 4000 Rep. FRY proposes the following Amendment No. 23a to H.4000 as passed by the House of Representatives
(Doc Name COUNCIL\DG\4000C021.NBD.DG19.DOCX):


Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 523, by amending amendment 12A Sub, doc path h:/legwork\house\amend\h-wm\001\
h2 santee cooper.docx, beginning on page 15, by striking (E) and inserting:

/            (E)      The Department of Administration shall establish a process in which its professional services experts oversee confidential negotiations between Central Electric Power Cooperative, Inc. ("Central") and each entity that is determined to be qualified to submit a bid to purchase Santee Cooper or a proposal to manage Santee Cooper. The department shall adopt the same process by which the Public Service Authority Evaluation and Recommendation Committee, created by Paragraph 117.162, Section 1B of Act 264 of 2018, so that parties interested in making offers to purchase or proposals to manage Santee Cooper can demonstrate that they are qualified to meet the requirements set out in this joint resolution. Those parties determined by the department to be qualified shall undertake negotiations with Central pursuant to a process overseen by the department's professional services expert. Santee Cooper shall also conduct negotiations with Central pursuant to a process overseen by the department's professional services expert. No negotiations or any form of discussion regarding potential terms or conditions for an agreement with Central can occur outside of the process established by the department. The department shall require that the parties enter into a contract to negotiate in good faith, as well as any other conditions for negotiation as determined by the department. Each entity that submitted a bid or proposal, including Santee Cooper, must individually negotiate with Central to determine terms for a binding contract between Central and that entity in the event the entity's bid or proposal is successful. If the professional services experts conducting the negotiations determine that one or more parties, including Central, is not negotiating in good faith, that negotiation shall be terminated and the professional services experts may submit terms they determine to be reasonable and in the best interests of Santee Cooper's customers and of the State of South Carolina and its taxpayers to the General Assembly. The General Assembly may consider a party's failure to negotiate in good faith as a disqualification of the bid or proposal.            /

Renumber sections to conform.
Amend totals and titles to conform.