H 4380 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, McEachern, Clary, Tallon, Brown, Robinson-Simpson, 
V.S. Moss, Clyburn, Bennett, Daning, Govan, Weeks, Henderson and 
Henderson-Myers
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 58-27-875 SO AS TO PROVIDE THE PUBLIC SERVICE COMMISSION SHALL ORDER REFUNDS
 TO RATEPAYERS OF AMOUNTS COLLECTED FOR COSTS ATTRIBUTED TO PROJECTS
 CONSTRUCTED UNDER THE PROVISIONS OF THE BASE LOAD REVIEW ACT IN SPECIFIC
 CIRCUMSTANCES; TO PROVIDE UTILITIES BEAR THE BURDEN OF PROVING THAT COLLECTED
 COSTS MAY BE RECOVERABLE UNDER STATE LAW; AND TO PROVIDE THE COMMISSION SHALL
 ORDER SUCH REFUNDS ON JUST AND REASONABLE BASES AND MAY MAKE SUCH REFUNDS BY
 ESTABLISHING CREDITS TO RATEPAYERS OVER PERIODS OF TIME AND UNDER CONDITIONS
 THAT ARE JUST AND REASONABLE.

   11/09/17  House  Prefiled
   11/09/17  House  Referred to Committee on Judiciary
   01/09/18  House  Introduced and read first time (House Journal-page 89)
   01/09/18  House  Referred to Committee on Judiciary
                     (House Journal-page 90)
   01/10/18  House  Member(s) request name added as sponsor: Bennett
   01/10/18  House  Committee report: Favorable Judiciary
                     (House Journal-page 25)
   01/11/18  House  Member(s) request name added as sponsor: Daning
   01/16/18  House  Debate adjourned until Wednesday, January 17, 2018
   01/23/18  House  Member(s) request name added as sponsor: Govan, Weeks
   01/24/18  House  Debate adjourned until Thur., 1-25-18
                     (House Journal-page 48)
   01/25/18  House  Debate adjourned until Tues., 1-30-18
                     (House Journal-page 30)
   01/25/18  House  Member(s) request name added as sponsor: Henderson
   01/30/18  House  Debate adjourned until Wed., 1-31-18
                     (House Journal-page 15)
   02/01/18  House  Requests for debate-Rep(s). Delleney, Pope,
                     Bryant, B> Newton, McCoy, Davis, Clary, Caskey,
                     Ott, West, Hardee, Herbkersman, Anderson,
                     Blackwell, Jefferson, Hart (House Journal-page 26)
   02/07/18  House  Member(s) request name added as sponsor:
                     Henderson-Myers
   02/14/18  House  Debate adjourned until Thur., 2-15-18
                     (House Journal-page 38)
   02/27/18  House  Debate adjourned until Wed., 2-28-18
                     (House Journal-page 23)
   02/28/18  House  Debate adjourned until Thur., 3-1-18
                     (House Journal-page 19)
   03/01/18  House  Debate adjourned until Tues., 3-6-18
                     (House Journal-page 35)
   04/03/18  House  Debate adjourned until Wed., 4-4-18
                     (House Journal-page 31)
   04/04/18  House  Recommitted to Committee on Judiciary
                     (House Journal-page 40)

COMMITTEE REPORT

January 10, 2018

H. 4380

Introduced by Reps. 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, Robinson-Simpson, V.S. Moss, Clyburn and Bennett

S. Printed 1/10/18--H.

Read the first time January 9, 2018.

To whom was referred a Bill (H. 4380) to amend the Code of Laws of South Carolina, 1976, by adding Section 58-27-875 so as to provide the Public Service Commission shall order refunds to ratepayers, etc., respectfully

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

F. GREGORY DELLENEY for Committee.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-27-875 SO AS TO PROVIDE THE PUBLIC SERVICE COMMISSION SHALL ORDER REFUNDS TO RATEPAYERS OF AMOUNTS COLLECTED FOR COSTS ATTRIBUTED TO PROJECTS CONSTRUCTED UNDER THE PROVISIONS OF THE BASE LOAD REVIEW ACT IN SPECIFIC CIRCUMSTANCES; TO PROVIDE UTILITIES BEAR THE BURDEN OF PROVING THAT COLLECTED COSTS MAY BE RECOVERABLE UNDER STATE LAW; AND TO PROVIDE THE COMMISSION SHALL ORDER SUCH REFUNDS ON JUST AND REASONABLE BASES AND MAY MAKE SUCH REFUNDS BY ESTABLISHING CREDITS TO RATEPAYERS OVER PERIODS OF TIME AND UNDER CONDITIONS THAT ARE JUST AND REASONABLE.

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

SECTION    1.    Article 7, Chapter 27, Title 58 of the 1976 Code is amended by adding:

"Section 58-27-875.    (A)    The Public Service Commission shall order a refund to ratepayers of all amounts collected for costs attributed to a project constructed under the provisions of the Base Load Review Act, if it finds the costs:

(1)    are not actually used and useful for utility purposes as defined in Section 58-34-110;

(2)    constitute a wrongful taking under the South Carolina Constitution, 1895, or the United States Constitution;

(3)    were the result of imprudence on the part of the utility;

(4)    were the result of a wilful misrepresentation or failure to disclose material facts by the utility; or

(5)    were the result of poor management or oversight by the utility.

(B)    For the purposes of this section, the utility shall bear the burden of proving that the costs collected may be recoverable under applicable state law.

(C)    The commission shall order a refund of such amounts to the ratepayers on a basis that is just and reasonable. In acting to provide for refunds, the commission may do so by establishing a credit to ratepayers over a term and under conditions that are just and reasonable."

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