Senators GROOMS and MASSEY proposed the following amendment (3411R007.SP.ASM):

Amend the bill, as and if amended, by striking SECTION 10 in its entirety and inserting:

/ SECTION10. (A) The provisions of Act 95 of 2019 are extended through September 24, 2020. The Public Service Authority ("Santee Cooper") may not take any action which would impair, hinder, or otherwise undermine from an economic, operational, feasibility, or any other perspective the ability of the General Assembly to complete its consideration regarding Santee Cooper's status.

(B) Without the approval of the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways & Means Committee, Santee Cooper is prohibited from:

(1) entering into any contracts with a duration of longer than one year, including, but not limited to contracts for the purchase of energy or generation capacity;

(2) entering into employment contracts with executive management with a duration longer than six months; and

(3) beginning the construction, purchase, or lease of any new generation facility.

(C) Prior to approving any contracts of a duration longer than six months but less than one year, the Authority must inform in writing and consult with the Governor, the President of the Senate, the Speaker of the House of Representatives, the Chairman of the Senate Finance Committee, and the Chairman of the House Ways & Means Committee.

(D) Nothing in this section prohibits the Santee Cooper from:

(1) doing any and all things preparatory to closing and decommissioning the Winyah Generating Station;

(2) planning, permitting, and procuring one hundred megawatts of combustion turbines only with agreement with Central Electric Cooperative;

(3) doing any and all things preparatory to deploying new solar generation only with agreement from Central Electric Cooperative.;

(4) entering into joint operational and energy saving agreements with neighboring utilities for a period of less than one year with annual renewals and mutual cancellation clauses thereafter;

(5) entering into hedge agreements for natural gas and coal for a term not to exceed the rate freeze period of the Cook Settlement, and supportive thereof;

(6) entering into purchase power arrangements needed for, but not in excess of, anticipated load for a term not to exceed the rate freeze period of the Cook Settlement, and supportive thereof;

(7) having the ability to borrow as currently anticipated for operational needs, or risk management as market conditions may allow;

(8) settling outstanding lawsuits;

(9) taking whatever steps are prudent and consistent with good utility practice to manage the COVID 19 pandemic;

(10) proceeding with appropriate resource discussions with Central;

(11) freezing rates as provided in the settlement of Cook v. Santee Cooper, et. al.; and

(12) taking other actions consistent with this section that are court ordered or required pursuant to Cook v. Santee Cooper et al, provided that these actions may not include construction or acquisition of new generation facilities or any other agreement or activity that is prohibited by subsection (B)

(E) Nothing in this section alters or amends the powers and duties pursuant to S.C. Code Section 58-31-360, including the State's covenant to not alter, limit or restrict the Santee Cooper's power to fix, establish, maintain and collect rents, tolls, rates and charges for the use of the facilities of or for the services rendered or for any commodities furnished by Santee Cooper, at least sufficient to provide for payment of all Santee Cooper's expenses, the conservation, maintenance and operation of its facilities and properties and the payment of the principal of and interest on its notes, bonds, evidences of indebtedness or other obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such notes, bonds, evidences of indebtedness or obligations heretofore or hereafter issued or incurred.

(F) The provisions of this SECTION shall section shall remain in effect through September 24, 2020 or until an Act of the General Assembly expressly supersedes this provision. /