South Carolina Legislature




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Session 122 - (2017-2018)Printer Friendly
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H*4375 (Rat #0287, Act #0258 of 2018) General Bill, By McCoy, Ott, Lucas, Anderson, Ballentine, Blackwell, Caskey, Crawford, Crosby, Davis, Finlay, Forrester, Gilliard, Hardee, Henegan, Hixon, Mack, Pope, Rutherford, J.E. Smith, Sandifer, Stavrinakis, Erickson, Huggins, W. Newton, Bales, Young, McEachern, Clary, Tallon, Brown, Fry, Robinson-Simpson, V.S. Moss, Clyburn, Martin, Magnuson, Bennett, Arrington, Daning, Weeks, Henderson and Govan
    AN ACT TO AMEND SECTION 58-33-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE BASE LOAD REVIEW ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION MUST NOT ACCEPT A BASE LOAD REVIEW APPLICATION, NOR MAY IT CONSIDER ANY REQUESTS MADE PURSUANT TO ARTICLE 4, CHAPTER 33, TITLE 58, OTHER THAN IN A DOCKET CURRENTLY PENDING BEFORE THE COMMISSION, AND TO PROVIDE THAT THE PROVISIONS OF ARTICLE 4, CHAPTER 33, TITLE 58 ARE REPEALED UPON THE CONCLUSION OF LITIGATION CONCERNING THE ABANDONMENT OF V.C. SUMMER UNITS 2 AND 3; BY ADDING CHAPTER 34 TO TITLE 58 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH ELECTRICITY RATES FOR CERTAIN RATEPAYERS WHO ARE PAYING ADDITIONAL CHARGES UNDER THE BASE LOAD REVIEW ACT FOR THE CONSTRUCTION OF NUCLEAR PLANTS OR PROJECTS SHALL BE REVISED AND DETERMINED, AND TO PROVIDE FOR PROCEDURES AND PROVISIONS OF LAW WHICH APPLY AND DO NOT APPLY IN REGARD TO THE ADJUSTMENT OF ELECTRICITY RATES AS PROVIDED BY CHAPTER 34; TO AMEND SECTION 58-33-280, RELATING TO REQUESTS FOR APPROVAL OF REVISED RATES UNDER THE BASE LOAD REVIEW ACT, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MUST GIVE SUBSTANTIAL WEIGHT TO AN AGREEMENT WHERE BOTH THE OFFICE OF REGULATORY STAFF AND THE UTILITY AGREE ON THE REVISED RATES AND INSTEAD PROVIDE IN THIS INSTANCE THAT THE COMMISSION MAY GIVE WEIGHT TO THE AGREEMENT IN ISSUING ITS REVISED RATES ORDER BUT MAY CONSIDER ADDITIONAL FACTORS AT ITS DISCRETION; TO AMEND SECTION 37-6-602, RELATING TO THE QUALIFICATIONS OF THE CONSUMER ADVOCATE WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REVISE THESE QUALIFICATIONS; TO AMEND SECTION 37-6-604, RELATING TO THE FUNCTIONS AND DUTIES OF THE DIVISION OF CONSUMER ADVOCACY, SO AS TO DELETE A PROHIBITION AGAINST THE DIVISION REPRESENTING CONSUMERS IN UTILITY MATTERS, AND PERMIT THE CONSUMER ADVOCATE TO INTERVENE ON BEHALF OF CONSUMERS IN CERTAIN MATTERS BEFORE THE COMMISSION AND APPELLATE COURTS THAT AFFECT CONSUMERS; TO AMEND SECTION 37-6-607, RELATING TO PERMITTING THE CONSUMER ADVOCATE TO MAINTAIN ACTIONS FOR JUDICIAL REVIEW AND TO INTERVENE IN CIVIL PROCEEDINGS ON BEHALF OF CONSUMERS, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT THE ABOVE PROVISIONS DO NOT APPLY IN MATTERS ARISING UNDER TITLE 58 AFFECTING PUBLIC UTILITIES, SERVICES, AND CARRIERS; TO AMEND SECTION 58-4-10, RELATING TO THE OFFICE OF REGULATORY STAFF, SO AS FURTHER DEFINE THE TERM "PUBLIC INTEREST" IN REGARD TO THE OFFICE OF REGULATORY STAFF'S REPRESENTATION OF THE PUBLIC INTEREST BEFORE THE COMMISSION; TO AMEND SECTION 58-4-80, RELATING TO ACTIONS FOR JUDICIAL REVIEW OF ORDERS OF THE COMMISSION, SO AS TO PROVIDE THAT ON APPEAL, THE OFFICE OF REGULATORY STAFF DOES NOT REPRESENT THE COMMISSION; AND TO AMEND SECTION 58-4-55, RELATING TO THE PRODUCTION OF BOOKS, RECORDS, AND INFORMATION AS REQUIRED BY THE OFFICE OF REGULATORY STAFF, AND OTHER PROVISIONS RELATING TO NONCOMPLIANCE, INSPECTIONS, AUDITS, EXAMINATIONS, AND COSTS, SO AS TO REQUIRE SUCH PRODUCTION WITHOUT THE REQUIREMENT OF A CONFIDENTIALITY AGREEMENT OR PROTECTIVE ORDER, EXCEPT UNDER SPECIFIED CIRCUMSTANCES, TO PROVIDE WHEN SUCH INFORMATION MUST BE KEPT CONFIDENTIAL AND WHEN SUCH INFORMATION MAY BE DISCLOSED, TO PROVIDE SPECIFIC PROCEDURES TO PROTECT CONFIDENTIALITY, AND TO ALLOW THE OFFICE OF REGULATORY STAFF TO APPLY IN CIRCUIT COURT FOR SUBPOENAS TO BE ISSUED TO ENTITIES OVER WHICH THE COMMISSION DOES NOT HAVE JURISDICTION. - ratified title
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11/09/17House Prefiled
11/09/17House Referred to Committee on Judiciary
01/09/18House Introduced and read first time (House Journal-page 86)
01/09/18House Referred to Committee on Judiciary (House Journal-page 86)
01/10/18House Member(s) request name added as sponsor: Martin, Magnuson, Bennett, Arrington
01/10/18House Committee report: Favorable with amendment Judiciary (House Journal-page 24)
01/11/18House Member(s) request name added as sponsor: Daning
01/11/18 Scrivener's error corrected
01/16/18House Debate adjourned until Wednesday, January 17, 2018
01/23/18House Member(s) request name added as sponsor: Weeks
01/24/18House Debate adjourned until Thur., 1-25-18 (House Journal-page 47)
01/25/18House Debate adjourned until Tues., 1-30-18 (House Journal-page 29)
01/25/18House Member(s) request name added as sponsor: Henderson
01/30/18House Debate adjourned until Wed., 1-31-18 (House Journal-page 14)
01/31/18House Member(s) request name added as sponsor: Govan
01/31/18House Amended (House Journal-page 10)
01/31/18House Read second time (House Journal-page 16)
01/31/18House Roll call Yeas-119 Nays-1 (House Journal-page 24)
02/01/18House Read third time and sent to Senate (House Journal-page 13)
02/01/18House Roll call Yeas-114 Nays-1 (House Journal-page 13)
02/01/18Senate Introduced and read first time (Senate Journal-page 4)
02/01/18Senate Referred to Committee on Judiciary (Senate Journal-page 4)
02/01/18 Scrivener's error corrected
02/20/18Senate Referred to Subcommittee: Rankin (ch), Hutto, Massey, McElveen, Sabb, Gambrell, Climer
05/01/18Senate Committee report: Favorable with amendment Judiciary (Senate Journal-page 13)
05/02/18 Scrivener's error corrected
05/08/18Senate Special order, set for May 8, 2018 (Senate Journal-page 83)
05/09/18Senate Committee Amendment Adopted (Senate Journal-page 149)
05/09/18Senate Amended (Senate Journal-page 149)
05/09/18Senate Read second time (Senate Journal-page 149)
05/10/18 Scrivener's error corrected
05/10/18Senate Amended (Senate Journal-page 160)
05/10/18Senate Read third time and returned to House with amendments (Senate Journal-page 160)
05/10/18Senate Roll call Ayes-43 Nays-0 (Senate Journal-page 160)
05/10/18House Senate amendment amended (House Journal-page 99)
05/10/18House Returned to Senate with amendments (House Journal-page 99)
05/10/18Senate Non-concurrence in House amendment (Senate Journal-page 172)
05/10/18Senate Conference committee appointed Setzler, Rankin, Massey (Senate Journal-page 174)
05/10/18House Conference committee appointed McCoy, Finlay, Rutherford (House Journal-page 143)
06/27/18House Conference report received and adopted (House Journal-page 67)
06/27/18House Roll call Yeas-109 Nays-4 (House Journal-page 77)
06/27/18Senate Conference report received and adopted (Senate Journal-page 25)
06/27/18Senate Roll call Ayes-37 Nays-2 (Senate Journal-page 25)
06/27/18Senate Ordered enrolled for ratification (Senate Journal-page 39)
06/28/18 Ratified R 287
06/28/18 Vetoed by Governor
06/28/18House Veto overridden by originating body Yeas-110 Nays-1 (House Journal-page 29)
06/28/18Senate Veto overridden Ayes-39 Nays-0 (Senate Journal-page 58)
07/05/18 Effective date See Act
07/12/18 Act No. 258



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