S*925 Session 105 (1983-1984)
S*0925(Rat #0464, Act #0399 of 1984) General Bill, By R.C. Dennis, W.W. Doar and
R.H. Ellis
A Bill to amend Sections 58-31-310, 58-31-330, and 58-31-340, Code of Laws of
South Carolina, 1976, relating to the service area of the South Carolina
Public Service Authority, so as to define lines affected, to provide for the
Public Service Authority's powers within designated service areas and also to
enumerate areas to be served by particular electric cooperatives in Berkeley,
Georgetown, and Horry Counties; to specify what jurisdiction the Public
Service Commission is entitled to exercise over these service areas and to
authorize the continued operation and maintenance of lines of the Public
Service Authority and electric cooperatives when lines of these suppliers are
in the service area of another; to provide criteria for the service of
customers from lines located in the service area of another in Berkeley,
Georgetown, and Horry Counties; to amend the 1976 Code by adding Sections
58-31-420, 58-31-430, and 58-31-440, so as to exempt electric service within
municipal corporate limits from the provisions of the Act; to prohibit the
Public Service Commission from assigning Public Service Authority service
areas to other entities; to provide that electric cooperatives may serve areas
reserved to them in Section 58-31-330; to impose duties on the Public Service
Commission relative to conforming service area assignments and, according to
law, confirming its jurisdiction over electric cooperative service areas; to
provide customer choice between the Public Service Authority and electric
cooperatives when agreed upon by the parties; to provide for the continuation
of service by the Public Service Authority to premises served by it on July 1,
1984; and to provide for service to new premises located within three hundred
feet of lines owned by one supplier in another suppliers service area.
03/27/84 Senate Introduced and read first time SJ-1181
03/27/84 Senate Referred to Committee on Judiciary SJ-1182
04/04/84 Senate Committee report: Favorable Judiciary SJ-1280
04/05/84 Senate Read second time SJ-1341
04/06/84 Senate Read third time and sent to House SJ-1360
04/10/84 House Introduced and read first time HJ-2296
04/10/84 House Referred to Committee on Labor, Commerce and
Industry HJ-2297
05/02/84 House Committee report: Favorable with amendment Labor,
Commerce and Industry HJ-2797
05/08/84 House Amended HJ-2929
05/08/84 House Debate adjourned HJ-2930
05/09/84 House Amended HJ-2967
05/09/84 House Read second time HJ-2967
05/10/84 House Read third time HJ-3025
05/10/84 House Returned HJ-3025
05/10/84 Senate Concurred in House amendment and enrolled SJ-1747
05/22/84 Ratified R 464
05/23/84 Signed By Governor
05/23/84 Effective date 07/01/84
05/23/84 Act No. 399
06/04/84 Copies available
(A399, R464, S925)
AN ACT TO AMEND SECTIONS 58-31-310, 58-31-330, AND 58-31-340, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE SERVICE AREA OF THE SOUTH CAROLINA PUBLIC
SERVICE AUTHORITY, SO AS TO DEFINE LINES AFFECTED, TO PROVIDE FOR THE PUBLIC
SERVICE AUTHORITY'S POWERS WITHIN DESIGNATED SERVICE AREAS AND ALSO TO ENUMERATE
AREAS TO BE SERVED BY PARTICULAR ELECTRIC COOPERATIVES IN BERKELEY, GEORGETOWN,
AND HORRY COUNTIES; TO SPECIFY WHAT JURISDICTION THE PUBLIC SERVICE COMMISSION
IS ENTITLED TO EXERCISE OVER THESE SERVICE AREAS AND TO AUTHORIZE THE CONTINUED
OPERATION AND MAINTENANCE OF LINES OF THE PUBLIC SERVICE AUTHORITY AND ELECTRIC
COOPERATIVES WHEN LINES OF THESE SUPPLIERS ARE IN THE SERVICE AREA OF ANOTHER;
TO PROVIDE CRITERIA FOR THE SERVICE OF CUSTOMERS FROM LINES LOCATED IN THE
SERVICE AREA OF ANOTHER IN BERKELEY, GEORGETOWN, AND HORRY COUNTIES; TO AMEND THE
1976 CODE BY ADDING SECTIONS 58-31-420, 58-31-430, AND 58-31-440, SO AS TO EXEMPT
ELECTRIC SERVICE WITHIN MUNICIPAL CORPORATE LIMITS FROM THE PROVISIONS OF THE
ACT; TO PROHIBIT THE PUBLIC SERVICE COMMISSION FROM ASSIGNING PUBLIC SERVICE
AUTHORITY SERVICE AREAS TO OTHER ENTITIES; TO PROVIDE THAT ELECTRIC COOPERATIVES
MAY SERVE AREAS RESERVED TO THEM IN SECTION 58-31-330; TO IMPOSE DUTIES ON THE
PUBLIC SERVICE COMMISSION RELATIVE TO CONFORMING SERVICE AREA ASSIGNMENTS AND,
ACCORDING TO LAW, CONFIRMING ITS JURISDICTION OVER ELECTRIC COOPERATIVE SERVICE
AREAS; TO PROVIDE CUSTOMER CHOICE BETWEEN THE PUBLIC SERVICE AUTHORITY AND
ELECTRIC COOPERATIVES WHEN AGREED UPON BY THE PARTIES; TO PROVIDE FOR THE
CONTINUATION OF SERVICE BY THE PUBLIC SERVICE AUTHORITY TO PREMISES SERVED BY IT
ON JULY 1, 1984; AND TO PROVIDE FOR SERVICE TO NEW PREMISES LOCATED WITHIN THREE
HUNDRED FEET OF LINES OWNED BY ONE SUPPLIER IN ANOTHER SUPPLIERS SERVICE AREA.
Be it enacted by the General Assembly of the State of South Carolina:
Definition
SECTION 1. Section 58-31-310 of the 1976 Code is amended by adding at the end:
"(4) The term 'line' means any electric conductors operating at a nominal
voltage level of 25 KV or less, measured phase-to-phase, except (a) in the case
of overhead construction, conductors from the pole or tower nearest the premises
of a consumer to the premises, or conductors from a line tap to the premises, and
(b) in the case of underground construction, conductors from the transformer (or
junction point, if there is one) nearest, on or in the premises of the consumer
to the premises. The term 'line' includes any electric conductor operating at
a nominal voltage level in excess of 25 KV when it is agreed between the Public
Service Authority and an affected electric cooperative serving in the county
where the conductor is located that the primary purpose and use of the conductor
on January 1, 1984, was for the distribution of electric power and not for the
transmission of bulk power from one area to another."
Service area
SECTION 2. Section 58-31-330 of the 1976 Code is amended to read:
"Section 58-31-330. Except as set forth in this article, the present
service area of the Public Service Authority consists of the counties of
Berkeley, Georgetown, and Horry; but the following described areas are not
included in the Public Service Authority's present service area as defined
herein:
(1) That portion of Berkeley County now being served by South Carolina Electric
and Gas Company as indicated by crosshatching on Authority Drawing No. E-1851,
entitled 'Map of Berkeley County Showing Crosshatched Area being served by S. C.
E. & G.' and that portion of Berkeley County served by Berkeley Electric
Cooperative, Inc., as the service area of Berkeley Electric Cooperative, Inc.,
is shown on Authority Drawing No. 5032-E08-0047 entitled 'Map of Berkeley County
showing Designated Areas Served by South Carolina Public Service Authority and
Berkeley Electric Cooperative'.
(2) That portion of Georgetown County now being served by Carolina Power and
Light Company, as indicated by crosshatching on Authority Drawing No. E-1850,
entitled 'Map of Georgetown County Showing Crosshatched Area being served by C.
P. & L. Co.' and that portion of Georgetown County served by Santee Electric
Cooperative, Inc., as the service area of Santee Electric Cooperative, Inc., is
shown on Authority Drawing No. 5032-E08-0046 entitled 'Map of Georgetown County
Showing Designated Areas Served by South Carolina Public Service Authority and
Santee Electric Cooperative, Inc.'.
(3) That portion of Horry County now being served by Carolina Power and Light
Company as indicated by crosshatching on Authority Drawing No. E-1849, entitled
'Map of Horry County Showing Crosshatched Area being served by C. P. & L.
Co.' and that portion of Horry County served by Horry Electric Cooperative, Inc.,
as the service area of Horry Electric Cooperative, Inc., is shown on Authority
Drawing No. 5032-E08-0048 entitled 'Map of Horry County Showing Designated Areas
Served by South Carolina Public Service Authority and Horry Electric Cooperative,
Inc.'.
The above described drawings, and all explanatory notes, symbols, and legends
thereon, as approved by the General Manager of the Public Service Authority or
his designee and the President of the electrical utility or electric cooperative
involved or his designee, are made a part of this article by reference, and must
be filed, safeguarded, and maintained as provided in Section 58-31-340."
Drawings must be filed
SECTION 3. Section 58-31-340 of the 1976 Code is amended to read:
"Section 58-31-340. Each of the drawings referred to in Section 58-31-330
must be filed in the place provided by law for recording the real estate records
of the county concerned, and a certified copy of each drawing must be filed in
the office of the Secretary of State. Certified copies of the drawings must be
kept available for examination by the public in the principal office of the
Public Service Authority, and must be furnished to the electrical utility or
electric cooperative concerned.
Inaccuracies in the drawings discovered after certification and filing must be
corrected by preparing revised drawings and approving and filing the revised
drawings in the same manner as provided for original drawings.
Nothing contained in Sections 58-31-310 through 58-31-370 may be construed to
prevent the Public Service Authority from acquiring, by purchase, the electric
facilities, or any part of them, owned by another electrical utility and located
in any of the crosshatched areas described in Section 58-31-330. The areas
served by facilities purchased by the Public Service Authority shall become a
part of the present service area of the Public Service Authority and must be
evidenced by revised drawings approved and filed as provided in this
section."
Authority not to repeal or modify other laws
SECTION 4. The 1976 Code is amended by adding:
"Section 58-31-420. The authority granted in this article shall not repeal
or modify other laws applicable to electric service within municipal corporate
limits, and any provisions of this article inconsistent with other laws are not
applicable within the municipal limits.
Section 58-31-430. The Public Service Commission may not assign any portion of
the present service area of the Public Service Authority to any electrical
utility or electric cooperative and this service area must be exclusively served
by the Public Service Authority. Santee Electric Cooperative, Inc., Berkeley
Electric Cooperative, Inc., and Horry Electric Cooperative, Inc. may serve those
areas reserved to them as provided in Section 58-31-330. The Public Service
Commission is directed to conform the present assignment under Section 58-27-620
to the mandates of this article. Nothing contained in this article may be
construed as preventing the Public Service Commission from exercising its
jurisdiction over electric cooperative service areas in the manner provided by
law. Upon customer choice either the Public Service Authority or an electric
cooperative mentioned above may furnish electric service to any new premises
which the other supplier has the right to serve pursuant to the provisions of
this article, upon agreement of the affected suppliers.
Section 58-31-440. Lines of the Public Service Authority in existence on July
1, 1984, which extend into the service areas of Berkeley Electric Cooperative,
Santee Electric Cooperative, and Horry Electric Cooperative, and lines of those
cooperatives which extend into the service area of the Public Service Authority
may continue to be operated and maintained by the owner of the lines, and
premises served by the lines on July 1, 1984, must continue to be so served. The
owner of a line in another supplier's service area may exclusively serve any new
premises located wholly or partially within three hundred feet of the line.
Where the premises are located wholly or partially within three hundred feet of
a line of both the Public Service Authority and an electric cooperative, the
customer may choose between those suppliers, and the supplier originally chosen
shall continue to have the exclusive right to serve such premises."
Authority to provide proper vegetation
SECTION 5. The Public Service Authority shall provide proper vegetation or other
method of erosion control on any existing or future right-of-ways.
Time effective
SECTION 6. This act shall take effect July 1, 1984. |