South Carolina General Assembly
110th Session, 1993-1994

Bill 1184


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1184
Primary Sponsor:                Stilwell
Type of Legislation:            GB
Subject:                        Municipal utilities, gas
                                utility
Residing Body:                  Senate
Computer Document Number:       PT/1025DW.94
Introduced Date:                19940215    
Last History Body:              Senate
Last History Date:              19940413    
Last History Type:              Committee Report:   Favorable
                                with amendment
Scope of Legislation:           Statewide
All Sponsors:                   Stilwell
                                Courtney
                                Reese
                                Mitchell
                                Waldrep
                                Peeler
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

1184  Senate  19940413      Committee Report: Favorable     11
                            with amendment
1184  Senate  19940215      Introduced, read first time,    11
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

COMMITTEE REPORT

April 13, 1994

S. 1184

Introduced by SENATORS Stilwell, Courtney, Reese, Mitchell, Waldrep and Peeler

S. Printed 4/13/94--S.

Read the first time February 15, 1994.

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1184), to amend Section 58-5-30, Code of Laws of South Carolina, 1976, relating to exemption of municipal utilities from regulation by the Public Service Commission, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, page 1, line 37, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 58-5-30 of the 1976 Code is amended to read:

"Section 58-5-30. Nothing contained in Articles 1, 3, and 5 of this chapter shall give gives the commission any power to regulate or interfere with public utilities owned or operated by or on behalf of any a municipality, county, or regional transportation authority (as defined in Chapter 25 of this title) or their agencies. However, if any gas utility in extending its lines interferes or is about to interfere with the service or system of any other gas utility, then to the extent necessary to prevent duplication of services and facilities of natural gas utilities, the commission has the authority to intervene and make such order and prescribe such terms and conditions relating to the line extension as are just and reasonable. The provisions of this section only apply to public utilities engaged in the business of furnishing natural gas to the public, including utilities owned or operated by or on behalf of any municipality to the extent that the extension of service is not within its corporate limits and including utilities owned or operated on behalf of a natural gas authority to the extent that the extension is outside its service area as that area is provided by statute. However, the authority of the commission to intervene as provided under the provisions of this section does not apply to the duplication of services and facilities by a natural gas utility that has reached a written territorial agreement with the other affected natural gas utilities or to a gas utility pipeline supplying gas to the existing distribution system of that utility provided that no customers are directly served off that pipeline."

SECTION 2. This act takes effect upon approval by the Governor. / .

Amend title to conform.

H. SAMUEL STILWELL, for Committee.

A BILL

TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT IF ANY GAS UTILITY IN EXTENDING ITS LINES INTERFERES OR IS ABOUT TO INTERFERE WITH THE SERVICE OR SYSTEM OF ANOTHER GAS UTILITY, THEN TO THE EXTENT NECESSARY TO PREVENT DUPLICATION OF SERVICES AND FACILITIES OF NATURAL GAS UTILITIES, THE COMMISSION MAY REGULATE AND ORDER AND PRESCRIBE SUCH TERMS OR CONDITIONS RELATING TO THE LINE EXTENSIONS AS ARE JUST AND REASONABLE, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION ONLY APPLY TO PUBLIC UTILITIES ENGAGED IN THE BUSINESS OF FURNISHING NATURAL GAS TO THE PUBLIC, INCLUDING UTILITIES OWNED OR OPERATED BY OR ON BEHALF OF ANY MUNICIPALITY TO THE EXTENT THAT THE EXTENSION OF SERVICE IS NOT WITHIN ITS CORPORATE LIMITS AND TO PROVIDE THAT THIS INCLUDES UTILITIES OWNED OR OPERATED ON BEHALF OF A NATURAL GAS AUTHORITY TO THE EXTENT THAT THE EXTENSION IS OUTSIDE ITS SERVICE AREA AS THAT AREA IS PROVIDED BY STATUTE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 58-5-30 of the 1976 Code is amended to read:

"Section 58-5-30. Nothing contained in Articles 1, 3, and 5 of this chapter shall give gives the commission any power to regulate or interfere with public utilities owned or operated by or on behalf of any a municipality or regional transportation authority (as defined in Chapter 25 of this title) or their agencies. However, if any gas utility in extending its lines interferes or is about to interfere with the service or system of any other gas utility, then to the extent necessary to prevent duplication of services and facilities of natural gas utilities, the commission has the authority to regulate and make such order and prescribe such terms and conditions relating to the line extension as are just and reasonable. The provisions of this section only apply to public utilities engaged in the business of furnishing natural gas to the public, including utilities owned or operated by or on behalf of any municipality to the extent that the extension of service is not within its corporate limits and including utilities owned or operated on behalf of a natural gas authority to the extent that the extension is outside its service area as that area is provided by statute."

SECTION 2. This act takes effect upon approval by the Governor.

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