H*2252 Session 105 (1983-1984)
H*2252(Rat #0240, Act #0138 of 1983) General Bill, By Sheheen, R.B. Brown,
V.L. Crocker, C.M. Dangerfield, T.J. Ervin, Kirsh, D.M. McEachin,
E.M. Middleton and Wilkins
Similar(S 146)
A Bill to amend Section 58-5-240, Code of Laws of South Carolina, 1976,
relating to filing schedules of proposed new rates by a public utility, so as
to require the utility to give not less than thirty days' notice of its
intention to file a new schedule; prohibit the utility from placing into
effect any new rates, tolls, rentals, charges, classifications, or regulations
prior to approval by the Public Service Commission; provide that the
Commission shall hold a public hearing concerning the lawfulness or
reasonableness of the changes; provide that the Commission shall issue its
order on the changes within six months after the schedule if filed; provide
that the Commission may extend the six-month period for five days; provide for
the utility to put the rates requested into effect under bond only during an
appeal from an order of the Commission and until final disposition of the
case; provide that other arrangements for the protection of interested parties
may be substituted for the bond; provide that refunds shall bear interest at a
rate of twelve percent per annum and must be the difference between the amount
collected under bond and the amount approved; provide that if the Commission
fails to rule or issue its order within the time prescribed in this Section,
the utility may effect the change in rates it requested; provide that after
the schedule is filed, no further rate change request may be filed until
twelve months have elapsed unless the request is for a rate reduction; and to
allow the Commission to put into effect rates or tariffs without a hearing
when a determination of the entire rate structure and overall rate of return
is not required or when the rates or tariffs do not result in any rate
increase or when the rates or tariffs are for experimental purposes; to amend
Section 58-9-520, relating to changes in rates by telephone utilities, so as
to require the utility to give the Commission not less than thirty days'
notice of its intention to file a new schedule which affects the utility's
general body of subscribers, except when the proposal institutes or modifies
an offering or regulation not part of a general rate case and does not affect
the utility's general body of subscribers, and provide that the proposed
changes must not be put into effect until approved by the Commission; to amend
Section 58-9-540, relating to hearings on new schedules of rates by a
telephone utility, so as to provide that the Commission shall hold a hearing
concerning the lawfulness or reasonableness of changes in its rates if the
changes affect the utility's general body of subscribers; allow the Commission
to approve the new schedule without a hearing when the proposal institutes or
modifies an offering or regulation that is not part of a general rate case and
does not affect the utility's general body of subscribers; require the
Commission to rule and issue its order on the changes within six months of the
filing time when a requested new rate affects the utility's general body of
subscribers; provide that the Commission may extend the six-month period for
five days; provide for the utility to put the rates requested into effect
under bond only during an appeal from an order of the Commission and until
final disposition of the case; provide that other arrangements for the
protection of interested parties may be substituted for the bond; provide that
refunds shall bear interest at a rate of twelve percent per annum and must be
the difference between the amount collected under bond and the amount
approved; provide that if the Commission fails to rule or issue its order
within the time prescribed in this Section, the utility may effect the change
in rates it requested; and provide that after the schedule is filed no further
rate change request which affects the utility's general body of subscribers
may be filed until twelve months have elapsed unless the request is for a rate
reduction; to amend Section 58-27-860, relating to rate changes of an
electrical utility, so as to require the utility to give not less than thirty
days' notice of its intention to file a new schedule; require that the
Commission may direct the utility to give copies of the schedule to other
parties; and to prohibit the utility from placing into effect the proposed
changes until approval by the Commission, subject to the provisions of Section
58-27-870; to amend Section 58-27-870, relating to the hearing by the
Commission on rate changes and suspension of rates, so as to provide that the
Commission shall hold a public hearing concerning the lawfulness or
reasonableness of proposed changes in its rates or tariffs; provide that the
Commission shall issue its order on the changes within six months when the
changes relate to rates or tariffs; provide that the Commission may extend the
six-month period for five days; provide for the utility to put the rates
requested into effect under bond only during an appeal from an order of the
Commission and until final disposition of the case; provide that other
arrangements for the protection of interested parties may be substituted for
the bond; provide that refunds shall bear interest at a rate of twelve percent
per annum and must be the difference between the amount collected under bond
and the amount approved; provide that if the Commission fails to rule or issue
its order within the time prescribed in this Section, the utility may effect
the change in rates it requested; provide that after the schedule is filed, no
further rate change request may be filed until twelve months have elapsed
unless the request is for a rate reduction; and to allow the Commission to put
into effect rates or tariffs without a hearing when a determination of the
entire rate structure and overall rate of return is not required or when the
rates or tariffs do not result in any rate increase or when the rates or
tariffs are for experimental purposes or when the filed rates or tariffs are
necessary to obtain an orderly rate administration; to amend Section
58-27-940, relating to Commission orders after hearings concerning changes in
rates of electrical utilities, so as to delete the provision requiring the
utility to make refunds; to amend Section 58-3-140, relating to powers of the
Commission as to public utilities, so as to require the Commission to publish
a policy manual setting forth guidelines for administration of the Commission;
to require the Commission to facilitate access to its general rate request
orders in contested matters involving over one hundred thousand dollars by
publishing an order guide to be available for public inspection; provide that
the Commission shall promulgate regulations to require direct testimony of
witnesses appearing on behalf of utilities and persons having formal
intervenor status, to be reduced to writing and prefiled with the Commission
before a hearing; and insure specific exclusion from Commission jurisdiction;
to amend Section 58-3-60, relating to employment of Commission staff, so as to
allow the Commission to employ administrative law judges or hearing officers
to preside over rate hearings and other matters and provide for the judge's or
officer's authority, compensation, costs, and expenses; to amend Section
58-23-60, relating to certain businesses exempt from Chapter 58, so as to
include motor vehicles used by a county to transport passengers or property;
to amend Section 58-23-50, as amended, relating to certain transportation
exempt from Chapter 58, so as to include persons transporting agricultural
livestock and poultry feeds, including ingredients, and haulers engaged in
transporting chips or wood residues; to amend Section 58-9-320, as amended,
relating to transactions of telephone utilities with affiliates, Section
58-11-180, relating to transactions of radio common carriers with affiliates,
and Section 58-27-2090, relating to electrical utilities and charges by
affiliated interests, so as to prohibit the Commission from allowing for
rate-making purposes any fees or expenses included in any contract or
agreement with an affiliate representing charges that the Commission has
directly disallowed in its rate-making orders; to amend Section 58-23-530,
relating to license fees for Class A certificate holders, and Section
58-23-550, relating to license fees for Class B certificate holders, so as to
provide for annual fees to be paid by each holder of a certificate which has
twenty or more vehicles; to amend Section 58-23-560, relating to license fees
for Class C certificate holders, so as to provide for annual fees to be paid
by each holder of a certificate which has twenty or more vehicles, decrease
the fees, and limit the total fee to fifty dollars per vehicle semiannually;
to amend Section 58-11-60, relating to changes in rates by radio common
carriers, so as to require the carrier to give not less than thirty days'
notice of its intention to file a new schedule when the new rate affects the
carrier's general body of subscribers, provide that a hearing is not required
when the proposal institutes or modifies an offering or regulation not part of
a general rate case and does not affect the carrier's general body of
subscribers, and prohibit the carrier from placing into effect the proposed
changes prior to approval by the Commission; to amend Section 58-11-70,
relating to hearings on new schedules of rates for radio common carriers, so
as to provide that the Commission shall hold a public hearing concerning the
lawfulness or reasonableness of proposed changes in rates which affect the
carrier's general body of subscribers, except when the proposal institutes or
modifies an offering or regulation not part of a general rate case and does
not affect the carrier's general body of subscribers; provide that the
Commission shall issue its order on the changes within six months after the
schedule is filed; provide for the carrier to put the rates requested into
effect under bond only during an appeal from an order of the Commission and
until final disposition of the case; provide that other arrangements for the
protection of interested parties may be substituted for the bond; provide that
refunds shall bear interest at a rate of twelve percent per annum and must be
the difference between the amount collected under bond and the amount
approved; provide that if the Commission fails to rule and issue its order
within the time prescribed in this Section, the carrier may effect the change
in rates it requested; and provide that after the schedule, which affects the
carrier's general body of subscribers, is filed no further rate change request
which affects the carrier's general body of subscribers may be filed until
twelve months have elapsed unless the request is for a rate reduction; to
amend Chapter 3 of Title 58, relating to the Commission, by adding Section
58-3-95 so as to provide that a panel of three members of the Commission shall
hear and rule on the proposed changes by a corporation or person furnishing
heat, water, sewerage collection, sewerage, disposal, or street railway
service, or a telephone utility with fewer than ten thousand customers as of
the date of filing; to amend Article 7 of Chapter 27 of Title 58, relating to
rates and charges of electrical utilities, by adding Section 58-27-865 so as
to provide criteria by which the Commission shall determine fuel adjustment
costs for electrical utilities; to amend Article 3 of Chapter 31 of Title 58,
relating to electric service and the public service authority, by adding
Section 58-31-400 so as to require the public service authority to submit its
annual budget to the House Ways and Means Committee to be printed as a regular
part of the General Appropriation Act, for information purposes only; to amend
Article 3 of Chapter 23 of Title 58, relating to certificates for motor
vehicle carriers, by adding Section 58-23-330 so as to provide that applicants
for a certificate or to amend a certificate to operate as a common carrier may
be approved if the applicant is fit, willing, and able to perform the proposed
service, but the Commission may deny the application if an intervenor shows or
it is determined that the public convenience and necessity is already being
served; and by adding Section 58-23-340 so as to prohibit any person to sell,
lease, or transfer a certificate of public convenience and necessity for
money, goods, services, or any other thing of value; and allow the transfer of
a certificate incident to the sale or lease of property or assets of a
regulated motor carrier if the Commission approves and if the certificate is
not transferred for value or utilized to enhance the value of other property
transferred; to amend Chapter 1 of Title 58, relating to general provisions
for public utilities, services, and carriers, by adding Section 58-1-50 so as
to prohibit public, telephone, and electrical utilities subject to regulation
by the Commission to include as part of its rate base any interest expenses
paid to customers on refunds when putting a proposed rate increase into effect
under bond; to amend Section 31 of Part II of Act 644 of 1978, relating to
permanent provisions of the General Appropriation Act, so as to allow the
Consumer Advocate to request the issuance by the Executive Director of the
Commission of an order compelling a witness or company to produce or allow
inspection of relevant evidence; provide for appeal if the Director issues or
refuses to issue the order; and to allow objections to the issuance of the
order to be filed; to prohibit any utility company, state public service
authority, electric cooperative, or municipality to interrupt heating service
to any residential customer for nonpayment of a bill until twenty-five days
have elapsed from the date of billing and to allow any aggrieved person to
petition the courts; to reauthorize the existence of the Public Service
Commission for six years; and to repeal Section 58-5-250, relating to public
utility suspension of schedule, giving bond to put schedule into effect, and
interest on disallowed increases; Article 5 of Chapter 5 of Title 58, relating
to prescribing gas rates in advance of hearing; Section 58-9-220, relating to
the requirement of telephone utilities to file schedules of rates and
regulations with the Commission; Section 58-9-550, relating to telephone
utilities and the requirement that new rates may be put into effect despite
suspension upon the filing of bond and interest on disallowed increases;
Section 58-9-560, relating to the burden of proof upon a telephone utility to
show the reasonableness of any change in rates and charges; Section 58-9-580,
relating to telephone utilities and legal action that may be taken to recover
excessive payments which have not been refunded; Section 58-27-880, relating
to electric utilities and the provisions that suspended rates may be made
effective by giving bond and interest on disallowed increases; Section
58-27-890, relating to electric utilities and records of payments during the
period of suspension; Section 58-27-900, relating to electric utilities and
the provisions that the Commission shall determine rates if it finds present
rates unjust; and Section 58-27-910, relating to electric utilities and suits
for refunds if rates are disapproved.-amended title
01/19/83 House Introduced and read first time HJ-415
01/19/83 House Referred to Committee on Judiciary HJ-419
03/22/83 House Committee report: Majority favorable with amend.,
minority unfavorable Judiciary HJ-1602
03/31/83 House Special order, set for immediately follow
disposition of S-119 (under H-2793) HJ-1817
04/12/83 House Amended HJ-2144
04/12/83 House Debate interrupted HJ-2160
04/13/83 House Amended HJ-2187
04/13/83 House Debate interrupted HJ-2199
04/14/83 House Amended HJ-2243
04/14/83 House Read second time HJ-2263
04/20/83 House Read third time and sent to Senate HJ-2316
04/20/83 Senate Introduced and read first time SJ-1053
04/20/83 Senate Referred to Committee on Judiciary SJ-1058
05/25/83 Senate Committee report: Favorable with amendment
Judiciary SJ-1465
05/26/83 Senate Read second time SJ-1518
05/26/83 Senate Ordered to third reading with notice of
amendments SJ-1518
05/26/83 Senate Special order, set for consideration after H2336
(Appeals Court) SJ-1527
05/30/83 Senate Amended SJ-1595
05/30/83 Senate Read third time SJ-1626
05/30/83 Senate Returned SJ-1626
06/01/83 House Non-concurrence in Senate amendment HJ-3399
06/03/83 Senate Senate insists upon amendment and conference
committee appointed Holland, Turnipseed, Lake SJ-1848
06/07/83 House Conference committee appointed Toal, Gregory & J.
Anderson HJ-3511
06/09/83 Senate Free conference powers granted SJ-2010
06/09/83 Senate Free conference committee appointed Holland,
Lake, Turnipseed SJ-2015
06/09/83 House Free conference powers granted HJ-3663
06/09/83 House Free conference committee appointed Toal, Gregory
& J. Anderson HJ-3671
06/09/83 Senate Free conference report received SJ-2020
06/10/83 House Free conference report received HJ-3723
06/10/83 House Free conference report adopted HJ-3747
06/10/83 Senate Free conference report adopted SJ-2121
06/10/83 House Ordered enrolled for ratification HJ-3766
06/14/83 Ratified R 240
06/15/83 Signed By Governor
06/15/83 Effective date 06/15/83
06/15/83 Act No. 138
06/29/83 Copies available
(A138, R240, H2252)
AN ACT TO AMEND SECTION 58-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO FILING SCHEDULES OF PROPOSED NEW RATES BY A PUBLIC UTILITY, SO AS
TO REQUIRE THE UTILITY TO GIVE NOT LESS THAN THIRTY DAYS' NOTICE OF ITS
INTENTION TO FILE A NEW SCHEDULE; PROHIBIT THE UTILITY FROM PLACING INTO EFFECT
ANY NEW RATES, TOLLS, RENTALS, CHARGES, CLASSIFICATIONS, OR REGULATIONS PRIOR
TO APPROVAL BY THE PUBLIC SERVICE COMMISSION; PROVIDE THAT THE COMMISSION
SHALL HOLD A PUBLIC HEARING CONCERNING THE LAWFULNESS OR REASONABLENESS
OF THE CHANGES; PROVIDE THAT THE COMMISSION SHALL ISSUE ITS ORDER ON THE
CHANGES WITHIN SIX MONTHS AFTER THE SCHEDULE IS FILED; PROVIDE THAT THE
COMMISSION MAY EXTEND THE SIX-MONTH PERIOD FOR FIVE DAYS; PROVIDE FOR THE
UTILITY TO PUT THE RATES REQUESTED INTO EFFECT UNDER BOND ONLY DURING AN
APPEAL FROM AN ORDER OF THE COMMISSION AND UNTIL FINAL DISPOSITION OF THE
CASE; PROVIDE THAT OTHER ARRANGEMENTS FOR THE PROTECTION OF INTERESTED
PARTIES MAY BE SUBSTITUTED FOR THE BOND; PROVIDE THAT REFUNDS SHALL BEAR
INTEREST AT A RATE OF TWELVE PERCENT PER ANNUM AND MUST BE THE DIFFERENCE
BETWEEN THE AMOUNT COLLECTED UNDER BOND AND THE AMOUNT APPROVED; PROVIDE
THAT IF THE COMMISSION FAILS TO RULE OR ISSUE ITS ORDER WITHIN THE TIME
PRESCRIBED IN THIS SECTION, THE UTILITY MAY EFFECT THE CHANGE IN RATES IT
REQUESTED; PROVIDE THAT AFTER THE SCHEDULE IS FILED, NO FURTHER RATE CHANGE
REQUEST MAY BE FILED UNTIL TWELVE MONTHS HAVE ELAPSED UNLESS THE REQUEST
IS FOR A RATE REDUCTION; AND TO ALLOW THE COMMISSION TO PUT INTO EFFECT RATES
OR TARIFFS WITHOUT A HEARING WHEN A DETERMINATION OF THE ENTIRE RATE
STRUCTURE AND OVERALL RATE OF RETURN IS NOT REQUIRED OR WHEN THE RATES OR
TARIFFS DO NOT RESULT IN ANY RATE INCREASE OR WHEN THE RATES OR TARIFFS ARE
FOR EXPERIMENTAL PURPOSES; TO AMEND SECTION 58-9-520, RELATING TO CHANGES IN
RATES BY TELEPHONE UTILITIES, SO AS TO REQUIRE THE UTILITY TO GIVE THE
COMMISSION NOT LESS THAN THIRTY DAYS' NOTICE OF ITS INTENTION TO FILE A NEW
SCHEDULE WHICH AFFECTS THE UTILITY'S GENERAL BODY OF SUBSCRIBERS, EXCEPT
WHEN THE PROPOSAL INSTITUTES OR MODIFIES AN OFFERING OR REGULATION NOT PART
OF A GENERAL RATE CASE AND DOES NOT AFFECT THE UTILITY'S GENERAL BODY OF
SUBSCRIBERS, AND PROVIDE THAT THE PROPOSED CHANGES MUST NOT BE PUT INTO
EFFECT UNTIL APPROVED BY THE COMMISSION; TO AMEND SECTION 58-9-540, RELATING
TO HEARINGS ON NEW SCHEDULES OF RATES BY A TELEPHONE UTILITY, SO AS TO PROVIDE
THAT THE COMMISSION SHALL HOLD A HEARING CONCERNING THE LAWFULNESS OR
REASONABLENESS OF CHANGES IN ITS RATES IF THE CHANGES AFFECT THE UTILITY'S
GENERAL BODY OF SUBSCRIBERS; ALLOW THE COMMISSION TO APPROVE THE NEW
SCHEDULE WITHOUT A HEARING WHEN THE PROPOSAL INSTITUTES OR MODIFIES AN
OFFERING OR REGULATION THAT IS NOT PART OF A GENERAL RATE CASE AND DOES NOT
AFFECT THE UTILITY'S GENERAL BODY OF SUBSCRIBERS; REQUIRE THE COMMISSION TO
RULE AND ISSUE ITS ORDER ON THE CHANGES WITHIN SIX MONTHS OF THE FILING TIME
WHEN A REQUESTED NEW RATE AFFECTS THE UTILITY'S GENERAL BODY OF SUBSCRIBERS;
PROVIDE THAT THE COMMISSION MAY EXTEND THE SIX-MONTH PERIOD FOR FIVE DAYS;
PROVIDE FOR THE UTILITY TO PUT THE RATES REQUESTED INTO EFFECT UNDER BOND
ONLY DURING AN APPEAL FROM AN ORDER OF THE COMMISSION AND UNTIL FINAL
DISPOSITION OF THE CASE; PROVIDE THAT OTHER ARRANGEMENTS FOR THE PROTECTION
OF INTERESTED PARTIES MAY BE SUBSTITUTED FOR THE BOND; PROVIDE THAT REFUNDS
SHALL BEAR INTEREST AT A RATE OF TWELVE PERCENT PER ANNUM AND MUST BE THE
DIFFERENCE BETWEEN THE AMOUNT COLLECTED UNDER BOND AND THE AMOUNT
APPROVED; PROVIDE THAT IF THE COMMISSION FAILS TO RULE OR ISSUE ITS ORDER
WITHIN THE TIME PRESCRIBED IN THIS SECTION, THE UTILITY MAY EFFECT THE CHANGE
IN RATES IT REQUESTED; AND PROVIDE THAT AFTER THE SCHEDULE IS FILED NO FURTHER
RATE CHANGE REQUEST WHICH AFFECTS THE UTILITY'S GENERAL BODY OF SUBSCRIBERS
MAY BE FILED UNTIL TWELVE MONTHS HAVE ELAPSED UNLESS THE REQUEST IS FOR A
RATE REDUCTION; TO AMEND SECTION 58-27-860, RELATING TO RATE CHANGES OF AN
ELECTRICAL UTILITY, SO AS TO REQUIRE THE UTILITY TO GIVE NOT LESS THAN THIRTY
DAYS' NOTICE OF ITS INTENTION TO FILE A NEW SCHEDULE; REQUIRE THAT THE
COMMISSION MAY DIRECT THE UTILITY TO GIVE COPIES OF THE SCHEDULE TO OTHER
PARTIES; AND TO PROHIBIT THE UTILITY FROM PLACING INTO EFFECT THE PROPOSED
CHANGES UNTIL APPROVAL BY THE COMMISSION, SUBJECT TO THE PROVISIONS OF
SECTION 58-27-870; TO AMEND SECTION 58-27-870, RELATING TO THE HEARING BY THE
COMMISSION ON RATE CHANGES AND SUSPENSION OF RATES, SO AS TO PROVIDE THAT THE
COMMISSION SHALL HOLD A PUBLIC HEARING CONCERNING THE LAWFULNESS OR
REASONABLENESS OF PROPOSED CHANGES IN ITS RATES OR TARIFFS; PROVIDE THAT THE
COMMISSION SHALL ISSUE ITS ORDER ON THE CHANGES WITHIN SIX MONTHS WHEN THE
CHANGES RELATE TO RATES OR TARIFFS; PROVIDE THAT THE COMMISSION MAY EXTEND
THE SIX-MONTH PERIOD FOR FIVE DAYS; PROVIDE FOR THE UTILITY TO PUT THE RATES
REQUESTED INTO EFFECT UNDER BOND ONLY DURING AN APPEAL FROM AN ORDER OF THE
COMMISSION AND UNTIL FINAL DISPOSITION OF THE CASE; PROVIDE THAT OTHER
ARRANGEMENTS FOR THE PROTECTION OF INTERESTED PARTIES MAY BE SUBSTITUTED
FOR THE BOND; PROVIDE THAT REFUNDS SHALL BEAR INTEREST AT A RATE OF TWELVE
PERCENT PER ANNUM AND MUST BE THE DIFFERENCE BETWEEN THE AMOUNT COLLECTED
UNDER BOND AND THE AMOUNT APPROVED; PROVIDE THAT IF THE COMMISSION FAILS TO
RULE OR ISSUE ITS ORDER WITHIN THE TIME PRESCRIBED IN THIS SECTION, THE UTILITY
MAY EFFECT THE CHANGE IN RATES IT REQUESTED; PROVIDE THAT AFTER THE SCHEDULE
IS FILED, NO FURTHER RATE CHANGE REQUEST MAY BE FILED UNTIL TWELVE MONTHS
HAVE ELAPSED UNLESS THE REQUEST IS FOR A RATE REDUCTION; AND TO ALLOW THE
COMMISSION TO PUT INTO EFFECT RATES OR TARIFFS WITHOUT A HEARING WHEN A
DETERMINATION OF THE ENTIRE RATE STRUCTURE AND OVERALL RATE OF RETURN IS NOT
REQUIRED OR WHEN THE RATES OR TARIFFS DO NOT RESULT IN ANY RATE INCREASE OR
WHEN THE RATES OR TARIFFS ARE FOR EXPERIMENTAL PURPOSES OR WHEN THE FILED
RATES OR TARIFFS ARE NECESSARY TO OBTAIN AN ORDERLY RATE ADMINISTRATION; TO
AMEND SECTION 58-27-940, RELATING TO COMMISSION ORDERS AFTER HEARINGS
CONCERNING CHANGES IN RATES OF ELECTRICAL UTILITIES, SO AS TO DELETE THE
PROVISION REQUIRING THE UTILITY TO MAKE REFUNDS; TO AMEND SECTION 58-3-140,
RELATING TO POWERS OF THE COMMISSION AS TO PUBLIC UTILITIES, SO AS TO REQUIRE
THE COMMISSION TO PUBLISH A POLICY MANUAL SETTING FORTH GUIDELINES FOR
ADMINISTRATION OF THE COMMISSION; TO REQUIRE THE COMMISSION TO FACILITATE
ACCESS TO ITS GENERAL RATE REQUEST ORDERS IN CONTESTED MATTERS INVOLVING
OVER ONE HUNDRED THOUSAND DOLLARS BY PUBLISHING AN ORDER GUIDE TO BE
AVAILABLE FOR PUBLIC INSPECTION; PROVIDE THAT THE COMMISSION SHALL
PROMULGATE REGULATIONS TO REQUIRE DIRECT TESTIMONY OF WITNESSES APPEARING
ON BEHALF OF UTILITIES AND PERSONS HAVING FORMAL INTERVENOR STATUS, TO BE
REDUCED TO WRITING AND PREFILED WITH THE COMMISSION BEFORE A HEARING; AND
INSURE SPECIFIC EXCLUSION FROM COMMISSION JURISDICTION; TO AMEND SECTION
58-3-60, RELATING TO EMPLOYMENT OF COMMISSION STAFF, SO AS TO ALLOW THE
COMMISSION TO EMPLOY ADMINISTRATIVE LAW JUDGES OR HEARING OFFICERS TO
PRESIDE OVER RATE HEARINGS AND OTHER MATTERS AND PROVIDE FOR THE JUDGE'S OR
OFFICER'S AUTHORITY, COMPENSATION, COSTS, AND EXPENSES; TO AMEND SECTION
58-23-60, RELATING TO CERTAIN BUSINESSES EXEMPT FROM CHAPTER 58, SO AS TO
INCLUDE MOTOR VEHICLES USED BY A COUNTY TO TRANSPORT PASSENGERS OR
PROPERTY; TO AMEND SECTION 58-23-50, AS AMENDED, RELATING TO CERTAIN
TRANSPORTATION EXEMPT FROM CHAPTER 58, SO AS TO INCLUDE PERSONS
TRANSPORTING AGRICULTURAL LIVESTOCK AND POULTRY FEEDS, INCLUDING
INGREDIENTS, AND HAULERS ENGAGED IN TRANSPORTING CHIPS OR WOOD RESIDUES; TO
AMEND SECTION 58-9-320, AS AMENDED, RELATING TO TRANSACTIONS OF TELEPHONE
UTILITIES WITH AFFILIATES, SECTION 58-11-180, RELATING TO TRANSACTIONS OF RADIO
COMMON CARRIERS WITH AFFILIATES, AND SECTION 58-27-2090, RELATING TO ELECTRICAL
UTILITIES AND CHARGES BY AFFILIATED INTERESTS, SO AS TO PROHIBIT THE COMMISSION
FROM ALLOWING FOR RATE-MAKING PURPOSES ANY FEES OR EXPENSES INCLUDED IN ANY
CONTRACT OR AGREEMENT WITH AN AFFILIATE REPRESENTING CHARGES THAT THE
COMMISSION HAS DIRECTLY DISALLOWED IN ITS RATE-MAKING ORDERS; TO AMEND
SECTION 58-23-530, RELATING TO LICENSE FEES FOR CLASS A CERTIFICATE HOLDERS, AND
SECTION 58-23-550, RELATING TO LICENSE FEES FOR CLASS B CERTIFICATE HOLDERS, SO
AS TO PROVIDE FOR ANNUAL FEES TO BE PAID BY EACH HOLDER OF A CERTIFICATE WHICH
HAS TWENTY OR MORE VEHICLES; TO AMEND SECTION 58-23-560, RELATING TO LICENSE
FEES FOR CLASS C CERTIFICATE HOLDERS, SO AS TO PROVIDE FOR ANNUAL FEES TO BE
PAID BY EACH HOLDER OF A CERTIFICATE WHICH HAS TWENTY OR MORE VEHICLES,
DECREASE THE FEES, AND LIMIT THE TOTAL FEE TO FIFTY DOLLARS PER VEHICLE
SEMIANNUALLY; TO AMEND SECTION 58-11-60, RELATING TO CHANGES IN RATES BY RADIO
COMMON CARRIERS, SO AS TO REQUIRE THE CARRIER TO GIVE NOT LESS THAN THIRTY
DAYS' NOTICE OF ITS INTENTION TO FILE A NEW SCHEDULE WHEN THE NEW RATE AFFECTS
THE CARRIER'S GENERAL BODY OF SUBSCRIBERS, PROVIDE THAT A HEARING IS NOT
REQUIRED WHEN THE PROPOSAL INSTITUTES OR MODIFIES AN OFFERING OR REGULATION
NOT PART OF A GENERAL RATE CASE AND DOES NOT AFFECT THE CARRIER'S GENERAL
BODY OF SUBSCRIBERS, AND PROHIBIT THE CARRIER FROM PLACING INTO EFFECT THE
PROPOSED CHANGES PRIOR TO APPROVAL BY THE COMMISSION; TO AMEND SECTION
58-11-70, RELATING TO HEARINGS ON NEW SCHEDULES OF RATES FOR RADIO COMMON
CARRIERS, SO AS TO PROVIDE THAT THE COMMISSION SHALL HOLD A PUBLIC HEARING
CONCERNING THE LAWFULNESS OR REASONABLENESS OF PROPOSED CHANGES IN RATES
WHICH AFFECT THE CARRIER'S GENERAL BODY OF SUBSCRIBERS, EXCEPT WHEN THE
PROPOSAL INSTITUTES OR MODIFIES AN OFFERING OR REGULATION NOT PART OF A
GENERAL RATE CASE AND DOES NOT AFFECT THE CARRIER'S GENERAL BODY OF
SUBSCRIBERS; PROVIDE THAT THE COMMISSION SHALL ISSUE ITS ORDER ON THE CHANGES
WITHIN SIX MONTHS AFTER THE SCHEDULE IS FILED; PROVIDE FOR THE CARRIER TO PUT
THE RATES REQUESTED INTO EFFECT UNDER BOND ONLY DURING AN APPEAL FROM AN
ORDER OF THE COMMISSION AND UNTIL FINAL DISPOSITION OF THE CASE; PROVIDE THAT
OTHER ARRANGEMENTS FOR THE PROTECTION OF INTERESTED PARTIES MAY BE
SUBSTITUTED FOR THE BOND; PROVIDE THAT REFUNDS SHALL BEAR INTEREST AT A RATE
OF TWELVE PERCENT PER ANNUM AND MUST BE THE DIFFERENCE BETWEEN THE AMOUNT
COLLECTED UNDER BOND AND THE AMOUNT APPROVED; PROVIDE THAT IF THE
COMMISSION FAILS TO RULE AND ISSUE ITS ORDER WITHIN THE TIME PRESCRIBED IN THIS
SECTION, THE CARRIER MAY EFFECT THE CHANGE IN RATES IT REQUESTED; AND PROVIDE
THAT AFTER THE SCHEDULE, WHICH AFFECTS THE CARRIER'S GENERAL BODY OF
SUBSCRIBERS, IS FILED NO FURTHER RATE CHANGE REQUEST WHICH AFFECTS THE
CARRIER'S GENERAL BODY OF SUBSCRIBERS MAY BE FILED UNTIL TWELVE MONTHS HAVE
ELAPSED UNLESS THE REQUEST IS FOR A RATE REDUCTION; TO AMEND CHAPTER 3 OF
TITLE 58, RELATING TO THE COMMISSION, BY ADDING SECTION 58-3-95 SO AS TO PROVIDE
THAT A PANEL OF THREE MEMBERS OF THE COMMISSION SHALL HEAR AND RULE ON THE
PROPOSED CHANGES BY A CORPORATION OR PERSON FURNISHING HEAT, WATER,
SEWERAGE COLLECTION, SEWERAGE, DISPOSAL, OR STREET RAILWAY SERVICE, OR A
TELEPHONE UTILITY WITH FEWER THAN TEN THOUSAND CUSTOMERS AS OF THE DATE OF
FILING; TO AMEND ARTICLE 7 OF CHAPTER 27 OF TITLE 58, RELATING TO RATES AND
CHARGES OF ELECTRICAL UTILITIES, BY ADDING SECTION 58-27-865 SO AS TO PROVIDE
CRITERIA BY WHICH THE COMMISSION SHALL DETERMINE FUEL ADJUSTMENT COSTS FOR
ELECTRICAL UTILITIES; TO AMEND ARTICLE 3 OF CHAPTER 31 OF TITLE 58, RELATING TO
ELECTRIC SERVICE AND THE PUBLIC SERVICE AUTHORITY, BY ADDING SECTION 58-31-400
SO AS TO REQUIRE THE PUBLIC SERVICE AUTHORITY TO SUBMIT ITS ANNUAL BUDGET TO
THE HOUSE WAYS AND MEANS COMMITTEE TO BE PRINTED AS A REGULAR PART OF THE
GENERAL APPROPRIATION ACT, FOR INFORMATION PURPOSES ONLY; TO AMEND ARTICLE
3 OF CHAPTER 23 OF TITLE 58, RELATING TO CERTIFICATES FOR MOTOR VEHICLE CARRIERS,
BY ADDING SECTION 58-23-330 SO AS TO PROVIDE THAT APPLICANTS FOR A CERTIFICATE
OR TO AMEND A CERTIFICATE TO OPERATE AS A COMMON CARRIER MAY BE APPROVED
IF THE APPLICANT IS FIT, WILLING, AND ABLE TO PERFORM THE PROPOSED SERVICE, BUT
THE COMMISSION MAY DENY THE APPLICATION IF AN INTERVENOR SHOWS OR IT IS
DETERMINED THAT THE PUBLIC CONVENIENCE AND NECESSITY IS ALREADY BEING
SERVED; AND BY ADDING SECTION 58-23-340 SO AS TO PROHIBIT ANY PERSON TO SELL,
LEASE, OR TRANSFER A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR
MONEY, GOODS, SERVICES, OR ANY OTHER THING OF VALUE; AND ALLOW THE TRANSFER
OF A CERTIFICATE INCIDENT TO THE SALE OR LEASE OF PROPERTY OR ASSETS OF A
REGULATED MOTOR CARRIER IF THE COMMISSION APPROVES AND IF THE CERTIFICATE IS
NOT TRANSFERRED FOR VALUE OR UTILIZED TO ENHANCE THE VALUE OF OTHER
PROPERTY TRANSFERRED; TO AMEND CHAPTER 1 OF TITLE 58, RELATING TO GENERAL
PROVISIONS FOR PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING SECTION 58-1-50
SO AS TO PROHIBIT PUBLIC, TELEPHONE, AND ELECTRICAL UTILITIES SUBJECT TO
REGULATION BY THE COMMISSION TO INCLUDE AS PART OF ITS RATE BASE ANY INTEREST
EXPENSES PAID TO CUSTOMERS ON REFUNDS WHEN PUTTING A PROPOSED RATE INCREASE
INTO EFFECT UNDER BOND; TO AMEND SECTION 31 OF PART II OF ACT 644 OF 1978,
RELATING TO PERMANENT PROVISIONS OF THE GENERAL APPROPRIATION ACT, SO AS TO
ALLOW THE CONSUMER ADVOCATE TO REQUEST THE ISSUANCE BY THE EXECUTIVE
DIRECTOR OF THE COMMISSION OF AN ORDER COMPELLING A WITNESS OR COMPANY TO
PRODUCE OR ALLOW INSPECTION OF RELEVANT EVIDENCE; PROVIDE FOR APPEAL IF THE
DIRECTOR ISSUES OR REFUSES TO ISSUE THE ORDER; AND TO ALLOW OBJECTIONS TO THE
ISSUANCE OF THE ORDER TO BE FILED; TO PROHIBIT ANY UTILITY COMPANY, STATE
PUBLIC SERVICE AUTHORITY, ELECTRIC COOPERATIVE, OR MUNICIPALITY TO INTERRUPT
HEATING SERVICE TO ANY RESIDENTIAL CUSTOMER FOR NONPAYMENT OF A BILL UNTIL
TWENTY-FIVE DAYS HAVE ELAPSED FROM THE DATE OF BILLING AND TO ALLOW ANY
AGGRIEVED PERSON TO PETITION THE COURTS; TO REAUTHORIZE THE EXISTENCE OF THE
PUBLIC SERVICE COMMISSION FOR SIX YEARS; AND TO REPEAL SECTION 58-5-250,
RELATING TO PUBLIC UTILITY SUSPENSION OF SCHEDULE, GIVING BOND TO PUT SCHEDULE
INTO EFFECT, AND INTEREST ON DISALLOWED INCREASES; ARTICLE 5 OF CHAPTER 5 OF
TITLE 58, RELATING TO PRESCRIBING GAS RATES IN ADVANCE OF HEARING; SECTION
58-9-220, RELATING TO THE REQUIREMENT OF TELEPHONE UTILITIES TO FILE SCHEDULES
OF RATES AND REGULATIONS WITH THE COMMISSION; SECTION 58-9-550, RELATING TO
TELEPHONE UTILITIES AND THE REQUIREMENT THAT NEW RATES MAY BE PUT INTO
EFFECT DESPITE SUSPENSION UPON THE FILING OF BOND AND INTEREST ON DISALLOWED
INCREASES; SECTION 58-9-560, RELATING TO THE BURDEN OF PROOF UPON A TELEPHONE
UTILITY TO SHOW THE REASONABLENESS OF ANY CHANGE IN RATES AND CHARGES;
SECTION 58-9-580, RELATING TO TELEPHONE UTILITIES AND LEGAL ACTION THAT MAY BE
TAKEN TO RECOVER EXCESSIVE PAYMENTS WHICH HAVE NOT BEEN REFUNDED; SECTION
58-27-880, RELATING TO ELECTRIC UTILITIES AND THE PROVISIONS THAT SUSPENDED
RATES MAY BE MADE EFFECTIVE BY GIVING BOND AND INTEREST ON DISALLOWED
INCREASES; SECTION 58-27-890, RELATING TO ELECTRIC UTILITIES AND RECORDS OF
PAYMENTS DURING THE PERIOD OF SUSPENSION; SECTION 58-27-900, RELATING TO
ELECTRIC UTILITIES AND THE PROVISIONS THAT THE COMMISSION SHALL DETERMINE
RATES IF IT FINDS PRESENT RATES UNJUST; AND SECTION 58-27-910, RELATING TO
ELECTRIC UTILITIES AND SUITS FOR REFUNDS IF RATES ARE DISAPPROVED.
Be it enacted by the General Assembly of the State of South Carolina:
Public utility proposed new rates; public hearing; time limit
for decision
SECTION 1. Section 58-5-240 of the 1976 Code is amended to read:
"Section 58-5-240. (A) Whenever a public utility desires to put into operation a new rate, toll, rental,
charge or classification or a new regulation, it shall give not less than thirty days notice of its intention to file
and shall, after the expiration of the notice period, then file with the Commission a schedule setting forth the
proposed changes. Subject to the provisions of subsections (D) and (E) of this section, the proposed changes
must not be put into effect in full or in part until approved by the Commission.
(B) After the schedule has been filed, the Commission shall, after notice to the public such as the
Commission may prescribe, hold a public hearing concerning the lawfulness or reasonableness of the
proposed changes.
(C) The Commission shall rule and issue its order approving or disapproving the changes in full or in part
within six months after the date the schedule is filed.
(D) Should the Commission determine that it cannot, due to circumstances reasonably beyond its control,
issue such Order within the six-month period prescribed by this section, the Commission, may, by Order,
extend the six-month period for an additional five days. Any such Order shall set forth such circumstances
and make appropriate findings concerning the need for the extended period.
If the Commission rules and issues its order within the time aforesaid, and the utility shall appeal from the
Order, by filing with the Commission a petition for rehearing, the utility may put the rates requested in its
schedule into effect under bond only during the appeal and until final disposition of the case. Such bond must
be in a reasonable amount approved by the Commission, with sureties approved by the Commission,
conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons,
corporations, or municipalities, respectively, entitled to the amount of the excess, if the rate or rates put into
effect are finally determined to be excessive; or there may be substituted for the bond other arrangements
satisfactory to the Commission for the protection of parties interested. During any period in which a utility
shall charge increased rates under bond, it shall provide records or other evidence of payments made by its
subscribers or patrons under the rate or rates which the utility has put into operation in excess of the rate or
rates in effect immediately prior to the filing of the schedule.
All increases in rates put into effect under the provisions of this section which are not approved and for
which a refund is required shall bear interest at a rate of twelve percent per annum.
The interest shall commence on the date the disallowed increase is paid and continue until the date the
refund is made.
In all cases in which a refund is due, the Commission shall order a total refund of the difference between
the amount collected under bond and the amount finally approved.
(E) If the Commission fails to rule or issue its Order within the time prescribed in subsection (C) or
subsection (D) of this section, the utility may put into effect the change in rates it requested in its schedule.
The change is to be treated as an approval of the new rate schedule by the Commission.
(F) After the date the schedule is filed with the Commission, no further rate change request under this
section may be filed until twelve months have elapsed from the date of the filing of the schedule, provided,
however, this section shall not apply to a request for a rate reduction.
(G) Notwithstanding the provisions of this section, the Commission may allow rates or tariffs to be put into
effect without a hearing upon order of the Commission when such rates or tariffs do not require a
determination of the entire rate structure and overall rate of return, or when the rates or tariffs do not result
in any rate increase to the public utility, or when the rates or tariffs are for experimental purposes."
Change in telephone rates initiated by utility; notice; hearing
SECTION 2. Section 58-9-520 of the 1976 Code is amended to read:
"Section 58-9-520. Whenever a telephone utility desires to put into operation a new rate or tariff which
affects the telephone utility's general body of subscribers, the telephone utility shall give the Commission not
less than thirty days' notice of its intention to file and shall, after the expiration of the notice period, then file
with the Commission a schedule setting forth the proposed changes; provided, however, a hearing shall not
be required when the proposed rate or tariff is a proposal to institute or modify an offering or regulation that
is not part of a general rate case and does not affect the telephone utility's general body of subscribers.
Subject to the provisions of subsections (B) and (C) of Section 58-9-540, the proposed changes must not be
put into effect in full or in part until approved by the Commission."
Telephone utility hearing on new rate schedule; notice; time
limit for decision
SECTION 3. Section 58-9-540 of the 1976 Code is amended to read:
"Section 58-9-540. (A) Whenever there is filed with the Commission by any telephone utility a
schedule stating a new rate or rates which affect the telephone utility's general body of subscribers, the
Commission shall, after notice to the public such as the Commission may prescribe, hold a hearing
concerning the lawfulness or reasonableness of the rate or rates , provided, however, that when the proposed
rate or tariff is a proposal to institute or modify an offering or regulation that is not part of a general rate case
and does not affect the telephone utility's general body of subscribers, the Commission may approve such
filing without a hearing. Whenever a new rate is requested which affects the telephone utility's general body
of subscribers, the Commission shall rule and issue its order approving or disapproving the changes in full
or in part within six months of the time of filing.
(B) Should the Commission determine that it cannot, due to circumstances reasonably beyond its control,
issue such Order within the six-month period prescribed by this section, the Commission, may, by Order,
extend the six-month period for an additional five days. Any such Order shall set forth such circumstances
and make appropriate findings concerning the need for the extended period.
If the Commission rules and issues its order within the time aforesaid, and the utility shall appeal from the
Order, by filing with the Commission a petition for rehearing, the utility may put the rates requested in its
schedule into effect under bond only during the appeal and until final disposition of the case. Such bond must
be in a reasonable amount approved by the Commission, with sureties approved by the Commission,
conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons,
corporations, or municipalities respectively entitled to the amount of the excess, if the rate or rates put into
effect are finally determined to be excessive; or there may be substituted for the bond other arrangements
satisfactory to the Commission for the protection of parties interested. During any period in which a utility
shall charge increased rates under bond, it shall provide records or other evidence of payments made by its
subscribers or patrons under the rate or rates which the utility has put into operation in excess of the rate or
rates in effect immediately prior to the filing of the schedule.
All increases in rates put into effect under the provisions of this section which are not approved and for
which a refund is required shall bear interest at a rate of twelve percent per annum. The interest shall
commence on the date the disallowed increase is paid and continue until the date the refund is made.
In all cases in which a refund is due, the Commission shall order a total refund of the difference between
the amount collected under bond and the amount finally approved.
(C) If the Commission fails to rule or issue its Order within the time prescribed in subsection (A) or (B) of
this section, the utility may put into effect the change in rates it requested in its schedule. The change is to
be treated as an approval of the new rate schedule by the Commission.
(D) After the date the schedule, which affects the telephone utility's general body of subscribers, is filed
with the Commission, no further rate change request which affects the telephone utility's general body of
subscribers may be filed until twelve months have elapsed from the date of the filing of the schedule,
provided, however, this section shall not apply to a request for rate reduction."
Electrical utility; new rate schedule; notice
SECTION 4. Section 58-27-860 of the 1976 Code is amended to read:
"Section 58-27-860. Whenever an electrical utility desires to put into operation a new rate it shall give
not less than thirty days notice of its intention to file and shall, after the expiration of the notice period, then
file with the Commission a schedule setting forth the proposed changes. Copies of the schedule must also
be given to other parties as the Commission may direct. Subject to the provisions of subsections (C) and (D)
of Section 58-27-870, the proposed changes may not be put into effect in full or in part until approved by the
Commission. Nothing contained in this section affects the existing provisions of Act 1293 of 1966."
Changes in electric utility rates; public hearing required; time
limit for decision
SECTION 5. Section 58-27-870 of the 1976 Code is amended to read:
"Section 58-27-870. (A) After a schedule setting forth the proposed changes in its rates or tariffs has
been filed, the Commission shall hold a public hearing concerning the lawfulness or reasonableness of the
proposed changes.
(B) When the proposed changes relate to rates or tariffs the Commission shall rule and issue its order
approving or disapproving the changes within six months after the date the schedule is filed.
(C) Should the Commission determine that it cannot, due to circumstances reasonably beyond its control,
issue such Order within the-six month period prescribed by this section, the Commission, may, by Order,
extend the six-month period for an additional five days. Any such Order shall set forth such circumstances
and make appropriate findings concerning the need for the extended period.
If the Commission rules and issues its order within the time aforesaid, and the utility shall appeal from the
order, by filing with the Commission a petition for rehearing, the utility may put the rates requested in its
schedule into effect under bond only during the appeal and until final disposition of the case. Such bond
must be in a reasonable amount approved by the Commission, with sureties approved by the Commission,
conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons,
corporations, or municipalities respectively entitled to the amount of the excess, if the rate or rates put into
effect are finally determined to be excessive; or there may be substituted for the bond other arrangements
satisfactory to the Commission for the protection of parties interested. During any period in which a utility
shall charge increased rates under bond, it shall provide records or other evidence of payments made by its
subscribers or patrons under the rate or rates which the utility has put into operation in excess of the rate or
rates in effect immediately prior to the filing of the schedule.
All increases in rates put into effect under the provisions of this section which are not approved and for
which a refund is required shall bear interest at a rate of twelve percent per annum. The interest shall
commence on the date the disallowed increase is paid and continue until the date the refund is made.
In all cases in which a refund is due the Commission shall order a total refund of the difference between the
amount collected under bond and the amount finally approved.
(D) If the Commission fails to rule or issue its order within the time prescribed in subsections (B) or (C)
of this section, the utility may put into effect the change in rates it requested in its schedule. The change is
to be treated as an approval of the new rate schedule by the Commission.
(E) After the date the schedule is filed with the Commission, no further rate change request under this
section may be filed until twelve months have elapsed from the date of the filing of the schedule, provided,
however, this section shall not apply to a request for rate reduction.
(F) Notwithstanding the provisions of Sections 58-27-860 and 58-27-870, the Commission may allow rates
or tariffs to be put into effect without notice and hearing upon order of the Commission when such rates or
tariffs do not require a determination of the entire rate structure and overall rate of return, or when the rates
or tariffs do not result in any rate increase to the electrical utility, or when the rates or tariffs are for
experimental purposes, or when the rates or tariffs so filed are otherwise necessary to obtain an orderly rate
administration."
Order of Commission after hearing
SECTION 6. Section 58-27-940 of the 1976 Code is amended to read:
"Section 58-27-940. After the hearing the Commission by its order shall either confirm, modify, or
vacate its former order, in conformity with what is found to be just and reasonable, and an attested copy of
the order of the Commission must be immediately served on the utility affected by registered mail or
otherwise, as provided by law. In case the original order of the Commission is confirmed or modified by
making the order more favorable to the utility affected, the rates prescribed by the original order of the
Commission or the modification of the order, as the case may be, are operative as of the time fixed by the
original order. The utility affected shall put the same into effect as of the date fixed by the original
order."
Powers of Public Service Commission as to public utilities
SECTION 7. Section 58-3-140 of the 1976 Code is amended to read:
"Section 58-3-140. (A) The Public Service Commission is vested with power and jurisdiction to
supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable
standards, classifications, regulations, practices, and measurements of service to be furnished, imposed, or
observed, and followed by every public utility in this State.
(B) The Commission shall develop and publish a policy manual which shall set forth guidelines for the
administration of the Commission. All procedures shall incorporate state requirements and good management
practices to ensure the efficient and economical utilization of resources.
(C) The Commission shall facilitate access to its general rate request orders in contested matters involving
over one hundred thousand dollars by publishing an order guide which indexes and cross-references such
orders issued after the effective date of this act by subject matter and case name. The order guide must be
made available for public inspection.
(D) The Commission is authorized to and shall promulgate regulations to require the direct testimony of
witnesses appearing on behalf of utilities, and of witnesses appearing on behalf of persons having formal
intervenor status, to be reduced to writing and prefiled with the Commission in advance of any hearing.
(E) Nothing in this section may be interpreted to repeal or modify specific exclusions from Public Service
Commission jurisdiction found in Title 58 or any other titles."
Special panel of Public Service Commission to hear rate changes when utility service less than ten thousand
customers.
SECTION 8. Chapter 3 of Title 58 of the 1976 Code is amended by adding:
"Section 58-3-95. Whenever a corporation or person furnishing heat, water, sewerage collection,
sewerage disposal, or street railway service, or whenever a telephone utility with fewer than ten thousand
customers as of the date of filing, files a schedule setting forth proposed changes with the Commission
pursuant to the procedures prescribed in this title, a panel of three members of the Commission shall hear and
rule on the proposed changes. The chairman of the Commission shall appoint the members of the
panel."
Electrical utility to furnish Commission estimate of fuel costs
SECTION 9. Article 7 of Chapter 27 of Title 58 of the 1976 Code is amended by adding:
"Section 58-27-865. (A) The Commission shall direct each electrical utility which purchases fuel for
the generation of electricity to submit to the Commission, within such time and in such form as the
Commission may designate, its estimates of fuel costs, including cost of purchased power, for the next six
months. Upon investigation of the estimate and conducting public hearings in accordance with law, the
Commission shall direct each company to place in effect in its base rate an amount designed to recover,
during the succeeding six months, the fuel costs determined by the Commission to be appropriate for that
period, adjusted for the over-recovery or under-recovery from the preceding six month period. The
Commission shall direct the electrical utilities to send notice to the utility customers with the antecedent
billing of the time and place of the public hearings to be held every six months, and the Commission shall
again direct the electrical utilities to send notice to the utility customers with the next billing if the utility is
granted a rate increase by the Commission.
(B) The Commission shall direct the electrical utilities to account monthly for the differences between the
recovery of fuel costs through base rates and the actual fuel costs experienced, by booking the difference to
unbilled revenues with a corresponding deferred debit or credit, the balance of which will be included in the
projected fuel component of the base rates for the succeeding period. The Commission shall direct the
electrical utilities to submit monthly reports of fuel costs, and monthly reports of all scheduled and
unscheduled outages of generating units with a capacity of 100 megawatts or greater.
(C) Upon request by the commission staff, the electrical utilities, or the Consumer Advocate, a public
hearing must be held by the Commission at any time between the six-month reviews to determine whether
an increase or decrease in the base rate amount designed to recover fuel costs should be granted. If the
request is by an electrical utility for a rate increase, the Commission shall direct the utility to send notice of
the request and hearing to all customers with the next billing, and if the Commission grants the rate request
subsequent to the request and hearing, the Commission shall direct the utility to send notice of the amount
of the increase or decrease to all customers with the next billing.
(D) The Commission may, to the extent considered appropriate, offset the cost of fuel recovered through
sales of power pursuant to interconnection agreements with neighboring electrical utilities against fuel costs
and purchased power costs to be recovered.
(E) The Commission shall disallow recovery of any fuel costs that it finds without just cause to be the result
of failure of the utility to make every reasonable effort to minimize fuel costs or any decision of the utility
resulting in unreasonable fuel costs, giving due regard to reliability of service, economical generation mix,
generating experience of comparable facilities, and minimization of the total cost of providing service.
(F) The Commission is authorized to promulgate, in accordance with the provisions of this section, all
regulations necessary to allow the recovery by electrical utilities of all their prudently incurred fuel costs,
including the cost of purchased power, as precisely and promptly as possible, in a manner that tends to assure
public confidence and minimize abrupt changes in charges to consumers."
Public Service Authority to submit annual budget
SECTION 10. Article 3 of Chapter 31 of Title 58 of the 1976 Code is amended by adding:
"Section 58-31-400. The Public Service Authority shall submit its Annual Budget to the House Ways
and Means Committee to be printed as a regular part of the General Appropriation Act. The Annual Budget
is submitted for information purposes only."
Commission may employ technical, clerical staff, administrative
law judges
SECTION 11. Section 58-3-60 of the 1976 Code is amended to read:
"Section 58-3-60. The Commission may employ technical, administrative, or clerical staff or other aid
as may be necessary for its respective departments to carry out the provisions of Chapters 1 to 17, 21, 23, and
33 of this Title and may fix the compensation for employment. The Commission may also employ and utilize
administrative law judges or hearing officers to preside over rate hearings and other contested matters. The
administrative law judge or hearing officer has full authority, subject to being overruled by the Commission,
to rule on questions concerning the conduct of the case and the admission of evidence but may not participate
in the determination on the merits of any case. The compensation, costs, and expenses incurred incident to
utilization of an administrative law judge or hearing officer must be fixed or approved by the Commission
and must be included as expenses of the Commission under Section 58-3-100."
Chapter not applicable to motor vehicle business within certain
areas
SECTION 12. Section 58-23-60 of the 1976 Code is amended to read:
"Section 58-23-60. Nothing in Articles 1 to 11 of this chapter applies to motor vehicles:
(1) Carrying on the business of transporting passengers or property within the limits of any municipality in
this State;
(2) Carrying on the business of transporting passengers within a distance of five miles from the limits of any
municipality;
(3) Transporting passengers to or from state institutions located in Richland County;
(4) Transporting passengers within a distance of ten miles from the limits of municipalities in Chester and
Lancaster counties when substantially all of the passengers are workers in industrial plants, eighty percent
of the production of which is for defense materials;
(5) Having a seating capacity of twenty or more passengers which are operated within ten miles from the
limits of any municipality with a population of seventy thousand or more inhabitants, according to the United
States census for 1940, by any electric utility company which regularly provides transportation service within
the municipality itself. Item (5) does not permit the substantial duplication of any franchise or license in
effect at the time service is undertaken by the electric utility company; or
(6) Used by a county to transport passengers or property."
Further
SECTION 13. Section 58-23-50 of the 1976 Code, as last amended by Act 152 of 1979, is further amended
to read:
"Section 58-23-50. Nothing in Articles 1 to 11 of this chapter applies to motor vehicles while used
exclusively for transporting persons to and from schools, Sunday schools, churches, or religious services, or
to or from picnics or upon special prearranged excursions, or to the United States mail carriers operating star
routes, while engaged solely in carrying mail, or to farmers or dairymen hauling dairy or farm products, or
to persons transporting agricultural livestock and poultry feeds, including ingredients, or to any other persons
engaged in hauling perishable products of the farm or dairy products for hire from the farm to the first market
when sold in South Carolina, or to lumber haulers engaged in transporting lumber and logs from the forest
to the shipping points in this State, or haulers engaged in transporting chips or wood residues, or any vehicle
engaged in the business of hauling, towing, or transporting wrecked or damaged vehicles by means of
transport commonly known as 'wreckers' or vehicles used in ridesharing.
For the purposes of this section, perishable products of the farm include hay and straw."
Telephone utility transactions with affiliates
SECTION 14. Section 58-9-320 of the 1976 Code, as last amended by an act of 1983 bearing ratification
number 117, is further amended to read:
"Section 58-9-320. When in the judgment of the Commission there is a reasonably substantial
affiliation of any telephone utility engaged in business in this State with any other corporation or person or
when in the judgment of the Commission any other corporation or person either exercises, or is in position
to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial
control over the business or policies of any telephone utility engaged in business in this State, the burden of
proof shall be upon the telephone utility to establish as determined by the Commission the reasonableness,
fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any
transactions between any telephone utility and such other corporation or person. Every telephone utility shall
be required to produce, if so ordered by the Commission, for the information of the Commission and the
public, all such contracts, papers, and documents relating thereto and explanatory thereof as may be required
by the Commission, and unless the reasonableness, fairness, and absence of injurious effect upon the public
interest of such fees and charges are established as determined by the Commission, they shall not be allowed
by the Commission for rate-making purposes. The Commission shall not allow for rate-making purposes any
fees or expenses included in any contract or agreement with an affiliate representing charges that the
Commission has directly disallowed in its rate-making orders."
Radio common carrier; transaction with affiliates
SECTION 15. Section 58-11-180 of the 1976 Code is amended to read:
"Section 58-11-180. When in the judgment of the Commission there is a reasonably substantial
affiliation of any radio common carrier engaged in business in this State with any other corporation or person
or when in the judgment of the Commission any other corporation or person either exercises, or is in position
to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial
control over the business or policies of any radio common carrier engaged in business in this State, the burden
of proof shall be upon the radio common carrier to establish as determined by the Commission the
reasonableness, fairness, and absence of injurious effect upon the public interest of any fees or charges
growing out of any transactions between any radio common carrier and such other corporation or person.
Every radio common carrier shall be required to produce, if so ordered by the Commission, for the
information of the Commission and the public, all such contracts, papers, and documents relating thereto and
explanatory thereof as may be required by the Commission, and unless the reasonableness of such fees and
charges is established, as determined by the Commission, the same shall not be allowed by the Commission
for rate-making purposes.
The Commission shall not allow for rate-making purposes any fees or expenses included in any contract or
agreement with an affiliate representing charges that the Commission has directly disallowed in its
rate-making orders."
Electrical utilities; charges by affiliated interests
SECTION 16. Section 58-27-2090 of the 1976 Code is amended to read:
"Section 58-27-2090. When in the judgment of the Commission there is a reasonably substantial
affiliation of any electrical utility engaged in business in this State with any other corporation or person or
when in the judgment of the Commission any other corporation or person either exercises or is in position
to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial
control over the business or policies of any electrical utility engaged in business in this State, the burden of
proof shall be upon the electrical utility to establish as determined by the Commission the reasonableness,
fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any
transactions between any electrical utility and such other corporation or person (a) in relation to supervision,
management, construction or engineering, services or contract, (b) for the sale of material, supplies,
equipment, or other commodities or (c) for any other purpose. Every electrical utility shall be required to
produce, if so ordered by the Commission, for the information of the Commission all such contracts, papers,
and documents relating thereto and explanatory thereof as may be required by the Commission, and unless
the reasonableness, fairness, and absence of injurious effect upon the public interest of such fees and charges
are established as determined by the Commission, the same shall not be allowed by the Commission for
rate-making purposes.
The Commission shall not allow for rate-making purposes any fees or expenses included in any contract or
agreement with an affiliate representing charges that the Commission has directly disallowed in its
rate-making orders."
Consumer Advocate, access to records of Public Service Commission
SECTION 17. Subsection (E) of Section 31 of Part II of Act 644 of 1978 is amended to read:
"(E) In the performance of his assigned functions the advocate shall have reasonable access to records
of all state agencies which are not classified by law as confidential and all state agencies shall cooperate with
the advocate in the performance of his duties. In addition, during the course of a rate-making or other
proceeding before the Public Service Commission, the Consumer Advocate, as a party of record, may request
in writing, in addition to all other methods of discovery as provided by law for proceedings before the Public
Service Commission, the issuance by the Executive Director of the Public Service Commission of an order
compelling a witness or company to either produce or allow inspection of documentary evidence relevant to
the matter before the Public Service Commission. If the Executive Director issues or refuses to issue the
order, the aggrieved party may appeal to the full Commission. The written request, in addition to showing
a general relevance and reasonable scope of the evidence sought, must also specify with particularity the
books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved
thereby. Provided, however, that for good cause shown, in lieu of a written request, the request for such an
order may be made orally upon the record to the presiding officer at the hearing. Any objections to the
issuance of the order must be filed with the Commission within three days of being notified of the written
request for such order. Any objections so filed must list the specific grounds for objection. The Commission
shall rule on the objections within ten days or the objection will be considered to be denied."
Motor vehicle common carrier; operator's certificate
SECTION 18. Article 3 of Chapter 23 of Title 58 of the 1976 Code is amended by adding:
"Section 58-23-330. Effective March 1, 1984, notwithstanding any regulation or other provision of
law, an applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle
common carrier may be approved upon a showing the applicant is fit, willing, and able to appropriately
perform the proposed service; provided, however, if an intervenor shows or if the Commission determines
that the Public Convenience and Necessity is already being served, the Commission may deny the
application."
Sale of certificate of public convenience
SECTION 19. Article 3 of Chapter 23 of Title 58 of the 1976 Code is amended by adding:
"Section 58-23-340. Notwithstanding custom or usage or any regulation, or other provision of law, it
is unlawful for any person to sell, lease, or otherwise transfer a certificate of public convenience and necessity
issued or authorized to be issued after July 1, 1983, under the provisions of Chapter 23 of Title 58 for money,
goods, services, or any other thing of value. A certificate may be transferred incident to the sale or lease of
property or assets owned or used by a regulated motor carrier, provided the approval of the Commission for
the transfer of the certificate is first obtained and that the certificate itself is not transferred for value or
utilized to enhance the value of other property transferred. Nothing herein shall effect the sale, lease or
otherwise transfer of a certificate of public convenience and necessity issued prior to July 1, 1983."
Public Service Commission reauthorized
SECTION 20. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the Public
Service Commission is reauthorized for six years.
Repeal
SECTION 21. Section 58-5-250, Article 5 of Chapter 5 of Title 58, Sections 58-9-220, 58-9-550, 58-9-560,
58-9-580, Sections 58-27-880, 58-27-890, 58-27-900, and 58-27-910 of the 1976 Code are repealed.
Interruption of electric or gas service to residential customers
SECTION 22. No utility company, the South Carolina Public Service Authority, any Electric Cooperative,
nor Municipality may interrupt electric or gas heating service to any residential customer for nonpayment of
a bill until twenty-five days have elapsed from the date of billing. Any person aggrieved by a violation of
this section may petition the courts of this State for redress in accordance with applicable law and
notwithstanding Section 58-27-210, the Public Service Commission shall have no jurisdiction over any
Electric Cooperative or Municipality by reason of this section.
Motor vehicle carriers Class "A" and "B" certificate holders;
license fees; certain A, B, or C certificate holders to pay fees
semiannually
SECTION 23. Sections 58-23-530, 58-23-550, and 58-23-560 of the 1976 Code are amended to read:
"Section 58-23-530. The following annual fees shall be paid to the Commission by each holder of a
certificate A which has twenty or more vehicles for each motor vehicle of the holder:
A motor vehicle weighing, including carrying capacity, less than seven thousand pounds if equipped with
solid tires or less than thirteen thousand pounds if equipped with pneumatic tires, one fiftieth of a cent per
each passenger seat multiplied by the total number of miles that the application shows will be traveled over
the improved public highways of this State by the motor vehicle during the year for which the license is
issued;
A motor vehicle weighing, including carrying capacity, over seven thousand pounds if equipped with solid
tires or over thirteen thousand pounds if equipped with pneumatic tires, one fortieth of a cent per each
passenger seat multiplied by the total number of miles that the application shows will be traveled over
improved public highways of the State by the motor vehicle during the year for which the license is issued.
But the minimum fee for vehicles licensed hereunder is as follows: For a vehicle of not over seven
passenger capacity, thirty dollars; for a vehicle of over seven and not over twelve passenger capacity, forty
dollars; for a vehicle of over twelve and not over seventeen passenger capacity, fifty dollars; for a vehicle of
over seventeen and not over twenty-two passenger capacity, sixty dollars; for a vehicle of over twenty-two
and not over twenty-seven passenger capacity, seventy-five dollars; and for a vehicle over twenty-seven
passenger capacity, ninety dollars.
Section 58-23-550. A holder of a certificate B which has twenty or more vehicles shall annually pay for each
vehicle to the Commission for a license to operate as holder under the certificate the same amount as required
of holders of certificate A, except that in computing the amount to be paid for a license the applicant must
estimate the number of miles which each vehicle will travel during the period for which the license is issued.
The minimum amount of the estimate is twenty-five thousand miles.
Section 58-23-560. A holder of a certificate A, B, or C with less than twenty vehicles must semiannually on
or before January first and July first of each year pay to the Commission the following fees: For vehicles
weighing not more than two thousand pounds, seven dollars and fifty cents; and for vehicles weighing in
excess of two thousand pounds, seven dollars and fifty cents for the first two thousand pounds and two dollars
and fifty cents additional for each additional five hundred pounds or part thereof of weight, except that the
total license fee may not exceed fifty dollars per vehicle semiannually."
Radio common carriers; new rate application
SECTION 24. Section 58-11-60 of the 1976 Code is amended to read:
"Section 58-11-60. Whenever a radio common carrier desires to put into operation a new rate which
affects the radio common carrier's general body of subscribers, the radio common carrier shall give the
Commission not less than thirty days notice of its intention to file and shall, after the expiration of the notice
period, then file with the Commission a schedule setting forth the proposed changes; provided, however, a
hearing shall not be required when the proposed rate is a proposal to institute or modify an offering or
regulation that is not part of a general rate case and does not affect the radio common carrier's general body
of subscribers. Subject to the provisions of subsections (B) and (C) of Section 58-11-70, the proposed
changes must not be put into effect in full or in part until approved by the Commission."
Further
SECTION 25. Section 58-11-70 of the 1976 Code is amended to read:
"Section 58-11-70. (A) Whenever there is filed with the Commission by any radio common carrier,
a schedule stating a new rate or rates which affects the radio common carrier's general body of subscribers,
the Commission shall, after notice to the public such as the Commission may prescribe, hold a hearing
concerning the lawfulness or reasonableness of the rate or rates; provided, however, that when the proposed
rate is a proposal to institute or modify an offering or regulation that is not part of a general rate case and does
not affect the radio common carrier's general body of subscribers, the Commission may approve such filing
without a hearing.
(B) The Commission shall rule and issue its order approving or disapproving the changes in full or in part
within six months of the time of filing. If the Commission rules and issues its order within the time aforesaid,
and the radio common carrier shall appeal from the order, by filing with the Commission a petition for
rehearing, the radio common carrier may put the rate or rates requested in its schedule into effect under bond
during the appeal and until final disposition of the case. The bond must be filed with the Commission and
must be in a reasonable amount approved by the Commission, with sureties approved by the Commission,
conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons,
corporations, or municipalities respectively entitled to the amount of excess, if the rate or rates put into effect
are finally determined to be excessive. There may be substituted for the bond other arrangements satisfactory
to the Commission for the protection of the parties interested. During any period in which a radio common
carrier shall charge increased rates under bond, it shall provide records or other evidence of payments made
by its subscribers under the rate or rates which the radio common carrier has put into operation in excess of
the rate or rates in effect immediately prior to the filing of its schedule.
All increases in rates put into effect under the provisions of this section which are not approved and for
which a refund is required shall bear interest at a rate of twelve percent per annum. The interest shall
commence on the date the disallowed increase is paid and continue until the date the refund is made.
In all cases in which a refund is due, the Commission shall order a total refund of the difference between
the amount collected under bond and the amount finally approved.
(C) If the Commission fails to rule and issue its order within six months after the date the schedule is filed,
the radio common carrier may put into effect the change in rate or rates it requested in its schedule. The
change is to be treated as an approval of the new rate schedule by the Commission.
(D) After the date the schedule, which affects the radio common carrier's general body of subscribers, is
filed with the Commission, no further rate change request which affects the radio common carrier's general
body of subscribers may be filed until twelve months have elapsed from the date of the filing of the schedule;
provided, however, this section shall not apply to a request for a rate reduction."
Public utility rates under bond
SECTION 26. Chapter 1, Title 58 of the 1976 Code is amended by adding:
"Section 58-1-50. Notwithstanding any other provision of law, any public utility as defined in item (3)
of Section 58-5-10, any telephone utility, and any electrical utility whose rates are subject to regulation by
the Public Service Commission, when putting a proposed rate increase into effect under bond in the manner
authorized by law, shall not be permitted to include as part of its rate base any interest expenses paid to
customers on refunds which are required when the rate increase is not approved either in whole or in
part."
Time effective
SECTION 27. Except for the provisions of Sections 58-23-530, 58-23-550, and 58-23-560, all as amended
by this act, which provisions shall take effect July 1, 1983, and Section 18 which takes effect March 1, 1984,
this act shall take effect upon approval by the Governor. |