H 4786 General Bill, By Meacham-Richardson and Cato
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN,
 TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE
 OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS
 UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO
 THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".

   02/21/02  House  Introduced and read first time HJ-9
   02/21/02  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-9
   04/03/02  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-8
   04/04/02  House  Amended HJ-66
   04/04/02  House  Read second time HJ-66
   04/04/02  House  Unanimous consent for third reading on next
                     legislative day HJ-66
   04/05/02  House  Read third time and sent to Senate HJ-6
   04/09/02  Senate Introduced and read first time SJ-16
   04/09/02  Senate Referred to Committee on Judiciary SJ-16
   05/01/02  Senate Committee report: Favorable with amendment
                     Judiciary SJ-17
   05/29/02  Senate Recommitted to Committee on Judiciary SJ-150

May 1, 2002

    H. 4786

S. Printed 5/1/02--S.

Read the first time April 9, 2002.

    To whom was referred a Bill (H. 4786) to amend the Code of Laws of South Carolina, 1976, by adding Section 58-33-115 so as to provide that no person shall give, sell, lease, etc., respectfully

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, page 1, beginning on line 27, as contained in SECTION 1, by striking lines 27 - 28 in their entirety and inserting therein the following:

    /    SECTION    1.    Section 58-33-130 of the 1976 Code is amended by adding a new subsection to read:    /.

    Renumber sections to conform.

    Amend title to conform.

LARRY A. MARTIN for Committee.

EXPLANATION OF IMPACT:

    The Public Service Commission indicates there will be no fiscal impact on the General Fund of the State or on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 58-33-130(3) of the 1976 Code is amended by adding a new subsection (3) to read:

    "(3)    Upon receipt of an application to transfer a certificate for a major utility facility known as a 'merchant plant' pursuant to Section 58-33-110(2), the commission shall hold a hearing in the same manner as a hearing is held on an application for a certificate. For purposes of this subsection, a 'merchant plant' means a major utility facility, as defined in Article 3, Chapter 33, Title 58, not constructed by a utility currently serving retail customers in South Carolina and that does not have at least seventy-five percent of its generation capacity under a contract with a duration of at least ten years with utilities which provide retail electric service to customers in South Carolina."

SECTION    2.    This act takes effect upon approval by the Governor.