S 16 Session 105 (1983-1984)
S 0016 General Bill, By N.C. Russell
Similar(H 2065, H 2066)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
58-1-50 so as to provide for an independent management audit of all public
utilities operating in this State at least once every five years, provide that
the results of the audit, together with any exceptions to it by any utility,
shall be filed with the Public Service Commission and be made available by the
Commission for public inspection, and provide that the cost of the audit be
borne by the utility; 58-1-60 so as to prohibit any public utility from filing
with the Commission more than once every eighteen months any application or
schedule which proposes any change in rates, tolls, rentals, charges,
classifications, or regulations; and 58-1-70 so as to prohibit a public
utility from passing on increases to consumers by use of a fuel adjustment
clause; to amend Subsection (E), Section 31, Part II, of Act 644 of 1978,
relating to the consumer advocate's access to records of state agencies, so as
to grant the consumer advocate the same access to the books and accounts of
public utilities as the Public Service Commission has pursuant to Section
58-5-230 and provide that the examination of such books and accounts by the
consumer advocate shall not first require an order of the Commission; to amend
Sections 58-5-240, relating to filing schedules of proposed new rates by a
"public utility", so as to provide that the "public utility" shall first
provide the Commission with thirty days written notice of its intention to
file an application, provide for the contents of the notice, including the
total dollar impact of all proposed changes in rates, tolls, rentals, charges,
classifications, or regulations, require the "public utility" to provide such
notice to the general public by forwarding a press release to each newspaper
of general circulation in its service area, provide for the filing of a
written application setting forth a list of each proposed change in rates,
tolls, rentals, charges, classifications, or regulations accompanied by the
total dollar impact of the proposed changes, provide that the application
include other financial data sufficient to evaluate the merits of the proposed
changes, as well as exhibits, other schedules, and any other evidence or data
necessary to support the proposed changes, provide that the application and
supporting information be made available by the Commission for public
inspection, require the public utility to inform the general public of the
proposed changes by providing a copy of the application and supporting
information to each newspaper of general circulation in its service area,
provide that the Commission shall enter upon a hearing concerning the
lawfulness or reasonableness of the proposed changes, prohibit a public
utility from placing into effect any new rates, tolls, rentals, charges,
classifications, or regulations prior to a decision by the Commission, provide
that a public utility shall place into effect new rates, tolls, rentals, or
charges within thirty days of the filing of an application for a decrease in
rates, tolls, rentals, or charges, require the Commission to issue its written
order approving or disapproving either in whole or in part the proposed
changes contained in the application within one hundred eighty days of the
date of receiving the application and supporting information, provide that a
failure of the Commission to issue a written order within the required period
shall be deemed a disapproval by the Commission of all of the proposed
changes, require that an attested copy of an order of the Commission issued
pursuant to this Section be served on the public utility or any other
interested party by registered mail or otherwise as provided by law, and
provide that any new rate, toll, rental, charge, classification, or regulation
approved by the Commission by written order shall become effective sixty days
after the date of the Commission's order approving it or sixty days after the
final appeals process concerning the order has been completed if a rehearing
of the order is requested and granted or if court review of the order is
requested upon a rehearing being denied; 58-5-260, relating to a "public
utility" and notice by publication of the filing of a new or changed schedule,
so as to provide that within ten days after the filing of an application with
supporting information by a "public utility" pursuant to Section 58-5-240, the
Commission shall give general notice thereof by publication; 58-5-340,
relating to "public utilities" and court review of orders or decisions, so as
to delete the provisions that a copy of the complaint be served with the
summons and that no order of the Commission reducing any rate, fare, charge,
or toll shall be in force during the pendency of the action provided for in
this Section if the utility affected shall execute and file with the Clerk of
Court a bond and to provide that the pendency of such proceedings before the
court shall stay or suspend the operation of the order of the Commission;
58-9-510, relating to change in telephone rates initiated by the Commission or
by complaint, so as to provide that new rates established pursuant to this
Section shall take effect sixty days after the Commission fixes them by order
or sixty days after the final appeals process concerning the order has been
completed if the rehearing of the order is requested and granted or if court
review of the order is requested upon a rehearing being denied; 58-9-520,
relating to change in telephone rates initiated by a telephone utility and
notice, so as to provide for the same procedure and requirements prescribed
for "public utilities" under Section 58-5-240 and, additionally, provide that
with respect to the giving of notice of intent to file an application, a
telephone utility shall give such notice of proposed changes to other
interested parties as the Commission in its discretion may direct; 58-9-530,
relating to telephone utilities and dispensing with the thirty days notice of
rate change, so as to provide that within ten days after the filing of an
application with supporting information by a telephone utility as provided for
in Section 58-9-520, the Commission shall give general notice thereof by
publication; 58-9-560, relating to telephone utilities, the burden of proof at
hearing, and determination by the Commission, so as to delete the reference to
Section 58-9-550 and provide instead that no change in rates shall become
effective except as provided by Article 5 of Chapter 9 of Title 58; 58-9-1070,
relating to the production of books and other records by telephone utilities,
so as to provide that the consumer advocate shall have the same access to the
books, accounts, papers, or records of telephone utilities as provided to the
Commission, provide that the written directive of the consumer advocate
directing the production of such books, accounts, papers, or records may be
made personally or by mail, and provide that the consumer advocate shall not
be first required to obtain an order of the Commission or the authority of the
Commission for such access; 58-9-1430, relating to telephone utilities and a
stay or the suspension of the Commission's order pending review, so as to
provide that the pendency of proceedings to review shall stay or suspend the
operation of the order of the Commission; 58-9-1470, relating to telephone
utilities and appeal to the Supreme Court, so as to provide that any party to
an action in the Court of Common Pleas may appeal to the Supreme Court in
accordance with existing law and procedure in such cases; 58-27-850, relating
to electrical utilities and investigation and change of existing rates by the
Commission, so as to provide that the new rates established under this Section
shall take effect sixty days after the Commission fixes them by order or sixty
days after the final appeals process concerning the order has been completed
if the rehearing of the order is requested and granted or if court review of
the order is requested upon a rehearing being denied; 58-27-860, relating to
electrical utilities and the prohibition against the changing of rates until
after notice is given, so as to provide for the same procedure and
requirements prescribed for "public utilities" under Section 58-5-240, provide
additionally that with respect to the giving of notice of intent to file an
application, the electrical utility shall give such notice of proposed changes
to other interested parties as the Commission in its discretion may direct,
and provide further that within ten days after the filing of an application
with supporting information by an electrical utility as provided for in this
Section, the Commission shall give general notice thereof by publication;
58-27-920, relating to electrical utilities and the authority of the
Commission to require new rates after preliminary investigation, so as to
provide that the Commission on its own initiative may, after a preliminary
investigation and upon evidence as to it shall seem sufficient, order any
electrical utility to put into effect a schedule of rates deemed fair and
reasonable, provide for service of an attested copy of the order, provide that
the rates so established shall take effect sixty days after the Commission
fixes them by order or sixty days after the final appeals process concerning
the order has been completed if a rehearing of the order is requested and
granted or if court review of the order is requested upon a rehearing being
denied, and provide that any member of the public adversely affected by any
such order shall also have all the rights conferred in this Section on the
electrical utility affected; 58-27-1040, relating to the provision that
sections of Chapter 27 of Title 58 are cumulative, so as to provide that
nothing contained in Article 7 of Chapter 27 of Title 58 shall be construed to
divest the Commission of any power otherwise possessed by it to regulate
electrical utilities, provide that the duties and powers thereby devolved upon
the Commission are in addition to those otherwise imposed by law, and delete
reference to Sections 58-27-920 to 58-27-950; 58-27-1570, relating to the
provisions that the Commission may require the production of the books and
records of electrical utilities for examination, so as to provide that the
consumer advocate shall have the same access to the books, accounts, papers,
or records of electrical utilities as provided to the Commission by this
Section, provide that the consumer advocate shall not be first required to
obtain an order of the Commission or the authority of the Commission for such
access, and provide that the written directive of the consumer advocate
directing the production of such books, accounts, papers, or records may be
made personally or by mail; 58-27-2320, relating to electrical utilities and a
stay or the suspension of the Commission's order pending review, so as to
provide that the pendency of proceedings to review shall stay or suspend the
operation of the order of the Commission; to amend Sections 58-3-20, as
amended, and 58-3-30, relating to the Public Service Commission, so as to
provide for the popular election of one Commissioner from each Congressional
District of this State and for the appointment by the Governor of one
Commissioner from the State at large; to amend Act 167 of 1979, relating to
the Public Service Commission, so as to delete provisions pertaining to the
qualifications of persons to be selected by the South Carolina Public Service
Commission Merit Selection Panel for nomination and election to the
Commission; and to repeal Sections 58-1-30, relating to bond required of
utilities appealing from rate decisions; 58-5-250, relating to "public
utilities", suspension of schedule, giving bond to put schedule into effect,
and interest on disallowed increases; 58-9-540, relating to telephone
utilities, hearing on new schedule of rates, and suspension of new rates
pending hearing; 58-9-550, relating to telephone utilities, the provisions
that new rates may be put into effect despite suspension upon the filing of
bond, and interest on disallowed increases; 58-9-580, relating to telephone
utilities and suit to recover excessive payments which have not been refunded;
58-27-870, relating to electrical utilities, hearing on proposed changes in
rates, and suspension of new rates pending hearing; 58-27-880, relating to
electrical utilities, the provisions that suspended rates may be made
effective by giving bond, and interest on disallowed increases; 58-27-890,
relating to electrical utilities and records of payments during the period of
suspension; 58-27-900, relating to electrical utilities and the provisions
that the Commission shall determine rates if it finds present rates unjust;
58-27-910, relating to electrical utilities and suits for refunds if rates are
disapproved; 58-27-930, relating to electrical utilities, petition for hearing
on change in rates by the Commission, and suspension of new rates pending
hearing; 58-27-940, relating to electrical utilities, order of the Commission
after hearing, and refunds; 58-27-950, relating to electrical utilities and
the provision that no cause of action shall arise on the original order of the
Commission unless a petition for a hearing is filed; and Sections 58-3-21,
58-3-22, 58-3-23, and 58-3-24, relating to the Merit Selection Panel and other
similar matters pertaining to the election of persons to the Public Service
Commission.
12/01/82 Senate Prefiled
12/01/82 Senate Referred to Committee on Judiciary
01/11/83 Senate Introduced and read first time SJ-70
01/11/83 Senate Referred to Committee on Judiciary SJ-76
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