H 2065 Session 105 (1983-1984)
H 2065 General Bill, By C.M. Dangerfield, R.L. Altman, W.S. Anderson,
F.X. Archibald, W.D. Arthur, D.L. Aydlette, L.E. Bennett, D. Blackwell,
J.D. Bradley, Branton, T.M. Burriss, M.J. Busbee, Carnell, R.L. Cobb, W.N. Cork,
V.L. Crocker, T.J. Ervin, H.U. Fielding, H.C. Granger, Harvin, J.C. Hearn,
B.L. Hendricks, H.H. Keyserling, Kirsh, Martin, D.M. McEachin, L. Phillips,
I.K. Rudnick, D. Sheppard, J.J. Snow, Washington, M.H. Westbrook, Wilkins and
D. Williams
Similar(S 16, 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 three 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; and 58-1-60 so as to prohibit any public
utility from filing with the Commission more than once every twelve months any
application or schedule which proposes any change in rates, tolls, rentals,
charges, classifications, or regulations; 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; 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; and 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.
12/06/82 House Prefiled
12/06/82 House Referred to Committee on Judiciary
01/11/83 House Introduced and read first time HJ-193
01/11/83 House Referred to Committee on Judiciary HJ-199
03/17/83 House Tabled in committee
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