S 0635 General Bill, By McConnell and N.C. Russell
 A Bill to amend Section 58-5-240, Code of Laws of South Carolina, 1976,
 relating to filing schedules of proposed new rates by any gas, heat, water,
 sewerage collection, sewerage disposal, and street railway utility, so as to
 provide that the utility shall first provide the Public Service 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 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 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 utility from placing into effect any new rates, tolls, rentals,
 charges, classifications, or regulations prior to a decision by the
 Commission, provide that a 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 considered 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 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; Section 58-5-260, relating to such
 utilities 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 pursuant to Section 58-5-240, the
 Commission shall give general notice thereof by publication; Section 58-5-340,
 relating to such 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; Section
 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; Section
 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;
 Section 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; Section 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; Section 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;
 Section 58-11-70, relating to radio common carriers, so as to delete
 provisions providing for increasing rates under bond; Section 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; Section
 58-27-860, as amended, 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; Section 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 considered 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 or 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; Section
 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; Section 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 the 1976 Code by adding Section 58-9-561
 so as to establish the burden of proof at hearings relating to telephone
 utility rates; and to repeal Sections 58-1-30, relating to bond required of
 utilities appealing from rate decisions; 58-1-50, relating to prohibition
 against customer refunds being used as rate base; 58-9-540, relating to
 telephone utilities, hearing on new schedule of rates, and suspension of new
 rates pending hearing; 58-27-870, relating to electrical utilities, hearing on
 proposed changes in rates, and suspension of new rates pending hearing;
 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.
   10/10/83  Senate Prefiled
   10/10/83  Senate Referred to Committee on Judiciary
   01/10/84  Senate Introduced and read first time SJ-306
   01/10/84  Senate Referred to Committee on Judiciary SJ-310