Current Status Introducing Body:Senate Bill Number:1117 Primary Sponsor:Ryberg Committee Number:12 Type of Legislation:GB Subject:Public utility rates Residing Body:Senate Current Committee:Labor, Commerce & Industry Companion Bill Number:4596 Computer Document Number:BBM/10874JM.94 Introduced Date:19940202 Last History Body:Senate Last History Date:19940202 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Ryberg Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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1117 Senate 19940202 Introduced, read first time, 12
referred to Committee
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TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 58-5-10(3) of the 1976 Code is amended to read:
"(3) The term `public utility' includes every corporation and person delivering natural gas distributed or transported by pipe, and every corporation and person furnishing or supplying in any manner gas, heat (other than by means of electricity), water, sewerage collection, sewerage disposal, and street railway service, or any of them, to the public, or any portion thereof, for compensation; and".
SECTION 2. Section 58-5-240(H) of the 1976 Code, as added by Act 184 of 1989, is amended to read:
"(H) The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole record. The commission shall specify an allowable operating margin in all water and wastewater orders. However, when the commission determines that a competitive market exists for certain customer classes or when a program is experimental or when the commission determines that it is in the public interest to foster technological innovation, a rate of return does not have to be calculated if the rate is determined to be just and reasonable."
SECTION 3. This act takes effect upon approval by the Governor.