Current Status Bill Number:987 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960109 Primary Sponsor:Leventis All Sponsors:Leventis, Cork Drafted Document Number:JIC\5127AC.96 Companion Bill Number:4350 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Nuclear Waste Disposal Consumer Protection Act
Body Date Action Description Com Leg Involved
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Senate 19960109 Introduced, read first time, 11 SJ
referred to Committee
Senate 19951204 Prefiled, referred to Committee 11 SJ
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TO AMEND TITLE 58, CHAPTER 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, BY ENACTING THE NUCLEAR WASTE DISPOSAL CONSUMER PROTECTION ACT, BY ADDING ARTICLE 11 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REGULATE THE RATES CHARGED BY LOW-LEVEL RADIOACTIVE WASTE FACILITY OPERATORS.
Whereas, the low-level radioactive waste facility located at Barnwell is operated on land owned by the State of South Carolina and leased to a private operator; and
Whereas, the low-level radioactive waste facility located at Barnwell is a monopoly enterprise licensed and sanctioned by the State of South Carolina; and
Whereas, rates charged by the operator of the low-level radioactive facility located at Barnwell are passed through to all South Carolina ratepayers without benefit of price competition. Now therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the Nuclear Waste Disposal Consumer Protection Act.
SECTION 2. Title 58, Chapter 5 of the 1976 Code is amended by adding:
Section 58-5-1205. This article may be cited as the Nuclear Waste Disposal Consumer Protection Act.
Section 58-5-1210. As used in this article:
(1) `Commission' means the Public Service Commission.
(2) `Low-level radioactive waste' means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e, (2) of the Atomic Energy Act of 1954, or as may be further defined by federal law or regulation.
(3) `Low-level radioactive waste facility' or `facility' means a parcel of land, together with the structures, equipment, and improvements on or appurtenant to the land which is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste.
(4) `Operator' means the person who operates a low-level radioactive waste facility on property owned by the State.
Section 58-5-1220. The Public Service Commission has the power and jurisdiction to regulate the rates charged by every low-level radioactive waste facility operator in this State.
Section 58-5-1230. (A) The commission may:
(1) establish a standardized system of accounts to be kept by operators of low-level radioactive waste facilities;
(2) classify and establish a standardized system of accounts for each class; and
(3) prescribe the manner in which these accounts must be kept.
(B) An order issued under this section takes effect at the beginning of the fiscal year of the low-level radioactive waste facility affected on not less than three months' notice.
Section 58-5-1240. The books and accounts kept by all operators of low-level radioactive waste facilities are subject to the examination of the commission at any time, but no examination may be made by an agent or employee of the commission unless authorized so to do by an order of the commission.
Section 58-5-1250. (A) Whenever an operator of a low-level radioactive waste facility desires to put into operation a new rate, toll, rental, charge, or classification, it shall give not less than thirty days' notice of its intention to file and shall, after the expiration of the notice period, file with the commission a schedule setting forth the proposed changes. Subject to subsections (D) and (E), the proposed changes must not be put into effect in full or in part until approved by the commission.
(B) After the schedule has been filed, the commission, after notice to the public as the commission may prescribe, shall hold a public hearing concerning the lawfulness or reasonableness of the proposed changes.
(C) The commission shall rule and issue its order approving or disapproving the changes in full or in part within six months after the date the schedule is filed.
(D) If the commission determines that, due to circumstances reasonably beyond its control, it cannot issue an order within the six-month period prescribed by this section, the commission, by order, may extend the six-month period for an additional five days. Any such order shall set forth the circumstances and make appropriate findings concerning the need for the extended period.
If the commission rules and issues its order within the prescribed or extended time and the operator of the low-level radioactive waste facility appeals from the order by filing with the commission a petition for rehearing, the operator may put the rates requested in its schedule into effect under bond only during the appeal and until final disposition of the case. The bond must be in a reasonable amount approved by the commission, with sureties approved by the commission, conditioned upon the refund, in a manner to be prescribed by order of the commission, to the persons, corporations, or municipalities entitled to the amount of the excess, if the rate or rates put into effect are finally determined to be excessive; or there may be substituted for the bond other arrangements satisfactory to the commission for the protection of parties interested. During any period in which an operator of a low-level radioactive waste facility charges increased rates under bond, the operator shall provide records or other evidence of payments made by the operator's subscribers or patrons under the rate or rates which the operator has put into operation in excess of the rate or rates in effect immediately before the filing of the schedule.
All increases in rates put into effect under this section which are not approved and for which a refund is required shall bear interest at a rate of twelve percent per annum.
The interest commences on the date the disallowed increase is paid and continues until the date the refund is made.
In all cases in which a refund is due, the commission shall order a total refund of the difference between the amount collected under bond and the amount finally approved.
(E) If the commission fails to rule or issue its order within the time prescribed in subsection (C) or (D), the operator of the low-level radioactive waste facility may put into effect the change in rates the operator requested in the schedule. The change is to be treated as an approval of the new rate schedule by the commission.
(F) After the date the schedule is filed with the commission, no further rate change request under this section may be filed until twelve months have elapsed from the date of the filing of the schedule; however, this section does not apply to a request for a rate reduction.
(G) Notwithstanding the provisions of this section, the commission may allow rates or tariffs to be put into effect without a hearing upon order of the commission when the rates or tariffs do not require a determination of the entire rate structure and overall rate of return or when the rates or tariffs do not result in a rate increase to the operator of the low-level radioactive waste facility or when the rates or tariffs are for experimental purposes.
(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.
Section 58-5-1260. Within ten days after the filing of a new or changed schedule by a low-level radioactive waste facility operator the commission shall give general notice of the new or changed schedule by publication.
Section 58-5-1270. Applications and complaints may be made by a corporation, public or private, person, or by any body politic, commission, board, or municipal corporation by petition or complaint in writing, setting forth an act or thing done or omitted, with respect to which the commission has jurisdiction or is alleged to have jurisdiction. An operator has the right to petition or complain to the commission on any of the grounds upon which complaints and petitions are allowed to be filed by other parties, including the fairness, reasonableness, or sufficiency of a schedule, classification, rate, price, charge, fare, toll, rental, or regulation of the facility and the same procedures must be adopted and followed as in other cases or the complaint may be served upon parties designated by the commission.
Section 58-5-1280. The commission, upon its own motion, may institute an inquiry into any subject matter within its jurisdiction in like manner as though a petition or complaint had been filed with it. Upon determining to institute an inquiry, the commission shall enter an order to show cause, directing the person or corporation whose affairs are the subject matter of the investigation to appear in person or by counsel and show cause. The commission shall thereafter proceed with the inquiry in like manner as though a petition or complaint had been filed with the commission.
Section 58-5-1290. If the commission finds, after hearing, that the rates, fares, tolls, rentals, charges, or classifications have been fixed or established, demanded, observed, charged, or collected for a service or that the regulations, or practices affecting the rates, fares, tolls, rentals, charges, or classifications are unjust, unreasonable, noncompensatory, inadequate, discriminatory, or preferential or in any way in violation of a provision of law, the commission, subject to review by the courts, shall determine the just and reasonable fares, tolls, rentals, charges, or classifications, regulations, or practices to be thereafter observed and enforced and shall fix them by order as provided for in this article.
Section 58-5-1300. In connection with a determination under Section 58-5-1290 the commission may consider all facts which in its judgment have a bearing upon a proper determination of the question, although not set forth in the complaint or application and not within the allegations contained in the complaint or application.
Section 58-5-1310. The commission shall cause a record to be kept of all proceedings before it on any formal investigation and all testimony must be taken down by a competent stenographer, designated by the commission, and a copy or transcript, verified by the oath of the stenographer, must be furnished on terms fixed by the commission to parties desiring it and must be received in evidence with the same effect as if the stenographer were present and testified.
Section 58-5-1320. The commission, at any time, upon notice and opportunity to the low-level radioactive waste facility operator affected to be heard, may rescind, alter, or amend an order or decision made by it. An order rescinding, altering, or amending a prior order or decision, when served upon the low-level radioactive waste facility operator affected, has the same effect as provided in this article for original orders or decisions.
Section 58-5-1330. Within twenty days after an order or decision has been made by the commission any party to the action or proceeding may apply for a rehearing in respect to any matters determined in the action or proceeding and specified in the application for rehearing, and a rehearing must be granted if in the judgment of the commission there is sufficient reason demonstrated for a rehearing. No cause of action arising out of an order or decision of the commission accrues in any court to a corporation or person unless the corporation or person shall have made application to the commission for a rehearing within the time specified. The application shall set forth specifically the ground on which the applicant considers the decision or order to be unlawful. The determination must be made by the commission within thirty days after it is finally submitted. If, after the hearing and a consideration of all the facts, including those arising since the making of the order or decision, the commission is of the opinion that the original order or decision, or any part of the order or decision, is in any respect unjust or unwarranted or should be changed, the commission may abrogate, change, or modify it, and if changed or modified, the modified order must be substituted in the place of the order originally entered and with like force and effect.
Section 58-5-1340. (A) Each low-level radioactive waste facility operator shall obey and comply with all requirements of every order, decision, direction, or regulation made or prescribed by the commission made under this article or in relation to any other matter in any way relating to or affecting the business of the operator and shall do everything necessary or proper in order to secure compliance with and observance of every order, decision, direction, or regulation by all of the operator's officers, agents, and employees.
(B) Notwithstanding subsection (A), decisions of the commission may be reviewed by the Court of Common Pleas upon questions of both law and fact. Within thirty days after the application for a rehearing is denied or if the application is granted, within thirty days after the rendition of the decision on rehearing, the applicant may commence an action in the Court of Common Pleas for Richland County against the commission as defendant to vacate or set aside any order of the commission or enjoin the enforcement of an order on the ground that the authorization, consent, rate or rates, charges, fares, tolls, and schedules fixed in the order are insufficient, unreasonable, unjust, or unlawful or that the regulation, practice, act, or service fixed in the order is unreasonable, unjust, insufficient, or unlawful.
(C) In an action brought for review, a copy of the complaint must be served with the summons and no order of determination of the commission reducing a rate, fare, charge, or toll may be in force during the pendency of the action if the operator affected executes and files with the clerk of court a bond undertaking in a sum the court prescribes and approves conditioned to secure the refund to customers of any sums that may be collected in excess of the rates, fares, charges, or tolls that are finally adjudged to be lawful and valid.
Section 58-5-1350. In an action to review an order or decision of the commission, a transcript of the testimony taken, all exhibits or copies of exhibits introduced, the pleadings, records, proceedings and orders in the case, and any opinion or memorandum of the commission concerning it, constitute the record of the commission on the review. However, on review of an order or decision of the commission the parties interested in the result and the commission may stipulate that a certain question or questions alone and a specified portion of the evidence may be certified to the court for its judgment, in which case the stipulation and the question or questions and the evidence specified constitute the record for review.
Section 58-5-1360. A party to an action in the Court of Common Pleas has the right to appeal to the Supreme Court in accordance with existing law and procedure in such cases.
Section 58-5-1370. An operator of a low-level radioactive waste facility who fails or refuses to accept the rate fixed by the commission and instead charges, demands, or receives a greater amount than that fixed by the commission is guilty of a misdemeanor and, upon conviction, must be fined in an amount not less than ten thousand dollars or more than one hundred thousand dollars. Each overcharge to any consumer constitutes a separate offense.
Section 58-27-1380. (A) All expenses and charges incurred by the commission in the administration of this article and in the performance of its duties under this article must be defrayed by assessments made by the Comptroller General against the operators regulated under this article and based upon the gross revenues collected by the operators from their business done wholly within this State in the manner set out in Section 58-3-100 for corporations.
(B) The commission shall certify to the Comptroller General annually on or before August first the amounts to be assessed in the format approved by the Comptroller General.
Section 58-27-1390. The commission may employ technical administrative and clerical staff as it considers necessary to carry out this article and to perform the duties and exercise the powers conferred upon it by law in relation to low-level radioactive waste facilities.
Section 58-27-1400. The commission shall include, as a separate section or division of its annual report, a full and complete account of its transactions and proceedings under this article for the preceding calendar year and other pertinent facts, suggestions, and recommendations as it considers of value to the people of the State."
SECTION 3. This act takes effect upon approval by the Governor.