S*0954(Rat #0285, Act #0271 of 2018)  Joint Resolution, By Leatherman, Setzler, 
Massey and Fanning
 A JOINT RESOLUTION TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL NOT
 HOLD A HEARING ON THE MERITS BEFORE NOVEMBER 1, 2018, FOR A DOCKET IN WHICH
 REQUESTS WERE MADE PURSUANT TO THE BASE LOAD REVIEW ACT, EXCEPT THAT THE
 COMMISSION MAY HOLD AN ADMINISTRATIVE OR PROCEDURAL HEARING FOR SUCH A DOCKET
 PRIOR TO A HEARING ON THE MERITS, AND TO PROVIDE THAT THE COMMISSION MUST
 ISSUE A FINAL ORDER ON THE MERITS FOR A DOCKET IN WHICH REQUESTS WERE MADE
 PURSUANT TO THE BASE LOAD REVIEW ACT NO LATER THAN DECEMBER 21, 2018; TO
 PROVIDE THAT NO FINAL DETERMINATION OF MATTERS DESCRIBED IN THIS JOINT
 RESOLUTION, WHETHER BY A FINAL ORDER ISSUED BY THE COMMISSION OR BY OPERATION
 OF LAW, SHALL OCCUR EARLIER THAN THE TIME PERIOD PRESCRIBED ABOVE, AND TO
 PROVIDE THAT THE COMMISSION'S FAILURE TO ISSUE A FINAL ORDER PRIOR TO THE TIME
 PERIOD ESTABLISHED IN THIS JOINT RESOLUTION SHALL NOT CONSTITUTE APPROVAL BY
 THE COMMISSION, AND A UTILITY MUST NOT PUT INTO EFFECT THE CHANGE IN RATES IT
 REQUESTED IN ITS SCHEDULE; AND TO SUSPEND PROVISIONS IN TITLE 58 OF THE 1976
 CODE THAT ARE IN CONFLICT WITH THE PROVISIONS OF THIS JOINT RESOLUTION FOR
 MATTERS RELATED TO THE V.C. SUMMER NUCLEAR REACTOR UNITS 2 AND 3 UNTIL THE
 PUBLIC SERVICE COMMISSION ISSUES ITS FINAL ORDER IN THE MATTER. - ratified
 title

   01/31/18  Senate Introduced and read first time (Senate Journal-page 8)
   01/31/18  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 8)
   02/06/18  Senate Referred to Subcommittee: Rankin (ch), Hutto,
                     Massey, McElveen, Sabb, Gambrell, Climer
   02/07/18  Senate Polled out of committee Judiciary
                     (Senate Journal-page 32)
   02/07/18  Senate Committee report: Favorable Judiciary
                     (Senate Journal-page 32)
   02/08/18         Scrivener's error corrected
   02/08/18  Senate Special order, set for February 8, 2018
                     (Senate Journal-page 16)
   02/08/18  Senate Roll call Ayes-38  Nays-3 (Senate Journal-page 16)
   02/13/18  Senate Debate interrupted (Senate Journal-page 21)
   02/14/18  Senate Amended (Senate Journal-page 12)
   02/14/18  Senate Debate interrupted (Senate Journal-page 12)
   02/15/18  Senate Read second time (Senate Journal-page 13)
   02/15/18  Senate Roll call Ayes-35  Nays-0 (Senate Journal-page 13)
   02/15/18         Scrivener's error corrected
   02/20/18  Senate Read third time and sent to House
                     (Senate Journal-page 31)
   02/21/18  House  Introduced and read first time (House Journal-page 46)
   02/21/18  House  Referred to Committee on Judiciary
                     (House Journal-page 46)
   03/01/18  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 3)
   03/07/18  House  Amended (House Journal-page 20)
   03/07/18  House  Read second time (House Journal-page 20)
   03/07/18  House  Roll call Yeas-107  Nays-1 (House Journal-page 21)
   03/08/18  House  Read third time and returned to Senate with
                     amendments (House Journal-page 29)
   03/28/18  Senate House amendment amended (Senate Journal-page 56)
   03/28/18  Senate Roll call Ayes-26  Nays-16 (Senate Journal-page 56)
   03/29/18         Scrivener's error corrected
   04/17/18  Senate Debate interrupted (Senate Journal-page 53)
   04/18/18  Senate House amendment amended (Senate Journal-page 36)
   04/18/18  Senate Returned to House with amendments
                     (Senate Journal-page 36)
   04/19/18         Scrivener's error corrected
   04/25/18  House  Non-concurrence in Senate amendment
                     (House Journal-page 76)
   04/25/18  House  Roll call Yeas-7  Nays-104 (House Journal-page 76)
   04/26/18  Senate Senate insists upon amendment and conference
                     committee appointed Setzler, Rankin, Massey
                     (Senate Journal-page 14)
   04/26/18  House  Conference committee appointed Rutherford, McCoy,
                     Finlay (House Journal-page 76)
   06/27/18  Senate Conference report received and adopted
                     (Senate Journal-page 16)
   06/27/18  Senate Roll call Ayes-41  Nays-0 (Senate Journal-page 16)
   06/27/18  House  Conference report received and adopted
                     (House Journal-page 62)
   06/27/18  House  Roll call Yeas-115  Nays-0 (House Journal-page 65)
   06/27/18  House  Ordered enrolled for ratification
                     (House Journal-page 67)
   06/28/18         Ratified R 285
   07/02/18         Signed By Governor
   07/12/18         Effective date 07/02/18
   10/16/18         Act No. 271

(A271, R285, S954)

A JOINT RESOLUTION TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL NOT HOLD A HEARING ON THE MERITS BEFORE NOVEMBER 1, 2018, FOR A DOCKET IN WHICH REQUESTS WERE MADE PURSUANT TO THE BASE LOAD REVIEW ACT, EXCEPT THAT THE COMMISSION MAY HOLD AN ADMINISTRATIVE OR PROCEDURAL HEARING FOR SUCH A DOCKET PRIOR TO A HEARING ON THE MERITS, AND TO PROVIDE THAT THE COMMISSION MUST ISSUE A FINAL ORDER ON THE MERITS FOR A DOCKET IN WHICH REQUESTS WERE MADE PURSUANT TO THE BASE LOAD REVIEW ACT NO LATER THAN DECEMBER 21, 2018; TO PROVIDE THAT NO FINAL DETERMINATION OF MATTERS DESCRIBED IN THIS JOINT RESOLUTION, WHETHER BY A FINAL ORDER ISSUED BY THE COMMISSION OR BY OPERATION OF LAW, SHALL OCCUR EARLIER THAN THE TIME PERIOD PRESCRIBED ABOVE, AND TO PROVIDE THAT THE COMMISSION'S FAILURE TO ISSUE A FINAL ORDER PRIOR TO THE TIME PERIOD ESTABLISHED IN THIS JOINT RESOLUTION SHALL NOT CONSTITUTE APPROVAL BY THE COMMISSION, AND A UTILITY MUST NOT PUT INTO EFFECT THE CHANGE IN RATES IT REQUESTED IN ITS SCHEDULE; AND TO SUSPEND PROVISIONS IN TITLE 58 OF THE 1976 CODE THAT ARE IN CONFLICT WITH THE PROVISIONS OF THIS JOINT RESOLUTION FOR MATTERS RELATED TO THE V.C. SUMMER NUCLEAR REACTOR UNITS 2 AND 3 UNTIL THE PUBLIC SERVICE COMMISSION ISSUES ITS FINAL ORDER IN THE MATTER.

Whereas, while SCANA has taken steps to reduce its own costs related to the abandoned Project, such as obtaining a guaranty settlement from Toshiba in the amount of approximately $1.2 billion for SCANA's ownership interests, and also has received benefits from the recent federal tax code amendments, its customers' rates continue to reflect of authorized Project costs prior to abandonment; and

Whereas, the General Assembly recognizes that SCANA, as a corporate entity, has legal rights and remedies that must be considered and respected throughout the process of resolving cost recovery issues for the abandoned Project, yet believes that recognition of SCANA's legal rights and remedies does not require that SCANA customers continue to pay one hundred percent of the rates previously authorized by the Commission when the Project was expected, upon completion, to provide valuable services to the customers; and

Whereas, the General Assembly recognizes the need for adequate discovery by all parties, and therefore is extending the time period for the Public Service Commission to issue its final order in this matter; and

Whereas, the General Assembly passed the BLRA in 2007 for the explicit purpose of providing "recovery of the prudently incurred costs associated with new base load plants...when constructed by investor-owned electrical utilities, while at the same time protecting customers of investor-owned electrical utilities from responsibility for imprudent financial obligations or costs"; and

Whereas, the General Assembly, with the passage of the BLRA in 2007 did not intend to, and could not, overrule a fundamental regulatory principal for utility rate-making that rates must be just and reasonable, the fundamental regulatory principal codified in South Carolina Code Section 58-27-810; and

Whereas, the General Assembly is concerned that the rates that SCANA customers are currently paying are unjust and unreasonable; and Whereas, Section 1, Article IX of the Constitution of this State vests the General Assembly with authority to regulate investor-owned utilities in order to protect the public interest; and

Whereas, based upon information identified in this Joint Resolution, along with other information recently made available to the South Carolina House of Representative and the South Carolina Senate, the General Assembly finds that serious questions have arisen regarding the prudency of incurred costs that have led to rate increases pursuant to the BLRA for the abandoned Project, including SCANA's apparent failure to avoid or minimize costs that should have been avoided or minimized since at least 2011; and

Whereas, the General Assembly recognizes the protections provided by the Constitutions of the United States and the State of South Carolina, and has no desire or intention to set a rate that is unjust, unreasonable, or confiscatory, nor does it intend to jeopardize SCANA's ability to satisfy bond payment obligations associated with the V.C. Summer Nuclear Reactor Units 2 and 3; and

Whereas, the General Assembly also believes it is in the public interest of all its citizens, both private citizens and corporate, to rely upon incentives offered by the General Assembly to encourage growth in South Carolina; however, this reliance should be predicated upon a good faith effort to comply with all terms of any incentives so that noncompliance or misrepresentation in order to obtain offered incentives are not unfairly born by South Carolina's citizens. Now, therefore,

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

Hearings prohibited, final order required

SECTION    1.    The Public Service Commission shall not hold a hearing on the merits before November 1, 2018, for a docket in which requests were made pursuant to the Base Load Review Act; however, the Public Service Commission may hold an administrative or procedural hearing for such a docket prior to a hearing on the merits. The Public Service Commission must issue a final order on the merits for a docket in which requests were made pursuant to the Base Load Review Act no later than December 21, 2018.

Final determination, failure to issue order, rates to remain

SECTION    2.    No final determination of matters described in this joint resolution, whether by a final order issued by the Public Service Commission or by operation of law, shall occur earlier than the time period prescribed in SECTION 1. The Public Service Commission's failure to issue a final order prior to the time period established in this joint resolution shall not constitute approval by the Public Service Commission and a utility must not put into effect the change in rates it requested in its schedule.

Suspension of laws in conflict

SECTION    3.    Any statute in Title 58 in conflict with the provisions of this joint resolution are suspended for purposes of the utility rates for matters related to V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Carolina. This suspension remains in effect until the Public Service Commission issues its final order in this matter.

Severability

SECTION    4.    If any provision of this joint resolution is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is severable from the remaining provisions of this joint resolution and that the holding does not invalidate or render unenforceable another provision of this joint resolution.

Time effective

SECTION    5.    This joint resolution takes effect upon approval by the Governor.

Ratified the 28th day of June, 2018.

Approved the 2nd day of July, 2018.