Current Status Bill Number:3404 Ratification Number:92 Act Number:26 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970205 Primary Sponsor:Meacham All Sponsors:Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber Drafted Document Number:bbm\9101jm.97 Date Bill Passed both Bodies:19970423 Date of Last Amendment:19970303 Governor's Action:S Date of Governor's Action:19970521 Subject:Public Service Commission, public utilities; energy efficiency; integrated resource plans, Fuel, gas services
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19970604 Act No. A26
------ 19970521 Signed by Governor
------ 19970515 Ratified R92
Senate 19970423 Read third time, enrolled for
ratification
Senate 19970417 Read second time
Senate 19970416 Committee report: Favorable 11 SJ
Senate 19970312 Introduced, read first time, 11 SJ
referred to Committee
House 19970311 Read third time, sent to Senate
House 19970303 Amended, read second time
House 19970227 Committee report: Favorable with 26 HLCI
amendment
House 19970205 Introduced, read first time, 26 HLCI
referred to Committee
View additional legislative information at the LPITS web site.
(A26, R92, H3404)
AN ACT TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE "PUBLIC UTILITIES PROVIDING GAS SERVICES" FROM THE APPLICABILITY OF THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE PROVISION THAT THE PUBLIC SERVICE COMMISSION SHALL ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT PROCEDURES THAT ENCOURAGE ELECTRICAL UTILITIES AND PUBLIC UTILITIES PROVIDING GAS SERVICES SUBJECT TO THE COMMISSION'S JURISDICTION TO INVEST IN COST-EFFECTIVE ENERGY EFFICIENT TECHNOLOGIES AND ENERGY CONSERVATION PROGRAMS; TO AMEND SECTION 58-37-40, RELATING TO THE REQUIREMENT THAT ELECTRICAL UTILITIES, PUBLIC UTILITIES PROVIDING GAS SERVICES, AND THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY PREPARE INTEGRATED RESOURCE PLANS, SO AS TO DELETE "PUBLIC UTILITIES PROVIDING GAS SERVICES" AND GAS UTILITIES REGULATED BY THE PUBLIC SERVICE COMMISSION FROM THE REQUIREMENTS AND COVERAGE OF THIS SECTION; AND TO REPEAL SUBSECTION (F) OF SECTION 58-37-40, RELATING TO THE PROVISION THAT NO PROCEDURES FOR INTEGRATED RESOURCE PLANNING FOR UTILITIES PROVIDING NATURAL GAS SERVICES MAY BE RECOMMENDED NOR MAY INTEGRATED RESOURCE PLAN REPORTING BE REQUIRED OF UTILITIES PROVIDING NATURAL GAS SERVICES UNLESS AND UNTIL INTEGRATED RESOURCE PLANNING PROCEDURES FOR UTILITIES PROVIDING NATURAL GAS SERVICES ARE ADOPTED BY THE PUBLIC SERVICE COMMISSION.
Be it enacted by the General Assembly of the State of South Carolina:
Gas utilities deleted from definition
SECTION 1. Section 58-37-10(2) of the 1976 Code, as added by Part IV, Section 1 of Act 449 of 1992, is amended to read:
"(2) 'Integrated resource plan' means a plan which contains the demand and energy forecast for at least a fifteen-year period, contains the supplier's or producer's program for meeting the requirements shown in its forecast in an economic and reliable manner, including both demand-side and supply-side options, with a brief description and summary cost-benefit analysis, if available, of each option which was considered, including those not selected, sets forth the supplier's or producer's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service, and describes the external environmental and economic consequences of the plan to the extent practicable. For electrical utilities subject to the jurisdiction of the South Carolina Public Service Commission, this definition must be interpreted in a manner consistent with the integrated resource planning process adopted by the commission. For electric cooperatives subject to the regulations of the Rural Electrification Administration, this definition must be interpreted in a manner consistent with any integrated resource planning process prescribed by Rural Electrification Administration regulations."
Procedures discretionary, not mandatory
SECTION 2. Section 58-37-20 of the 1976 Code, as added by Part IV, Section 1 of Act 449 of 1992, is amended to read:
"Section 58-37-20. The South Carolina Public Service Commission may adopt procedures that encourage electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission to invest in cost-effective energy efficient technologies and energy conservation programs. If adopted, these procedures must: provide incentives and cost recovery for energy suppliers and distributors who invest in energy supply and end-use technologies that are cost-effective, environmentally acceptable, and reduce energy consumption or demand; allow energy suppliers and distributors to recover costs and obtain a reasonable rate of return on their investment in qualified demand-side management programs sufficient to make these programs at least as financially attractive as construction of new generating facilities; require the Public Service Commission to establish rates and charges that ensure that the net income of an electrical or gas utility regulated by the commission after implementation of specific cost-effective energy conservation measures is at least as high as the net income would have been if the energy conservation measures had not been implemented. For purposes of this section only, the term 'demand-side activity' means a program conducted by an electrical utility or public utility providing gas services for the reduction or more efficient use of energy requirements of the utility or its customers including, but not limited to, utility transmission and distribution system efficiency, customer conservation and efficiency, load management, cogeneration, and renewable energy technologies."
Gas utilities deleted from requirements
SECTION 3. Section 58-37-40(A) of the 1976 Code, as added by Part IV, Section 1 of Act 449 of 1992, is amended to read:
"(A) Electrical utilities and the South Carolina Public Service Authority must prepare integrated resource plans. The South Carolina Public Service Authority and electrical utilities regulated by the Public Service Commission must submit their plans to the State Energy Office. The plan submitted by the South Carolina Public Service Authority must be developed in consultation with electric cooperatives and municipally-owned electric utilities purchasing power and energy from the authority and must include the effect of demand-side management activities of electric cooperatives and municipally-owned electric utilities which directly purchase power and energy from the authority or sell power and energy which the authority generates. All plans must be submitted every three years and must be updated on an annual basis. The first integrated resource plan of the South Carolina Public Service Authority must be submitted no later than June 30, 1993. An integrated resource plan may be patterned after the integrated resource planning process developed by the Public Service Commission. For electrical utilities subject to the jurisdiction of the commission, submission of their plans as required by the commission constitutes compliance with this section. Nothing in this subsection may be construed as requiring interstate natural gas companies whose rates and services are regulated only by the federal government or gas utilities subject to the jurisdiction of the South Carolina Public Service Commission to prepare and submit an integrated resource plan."
Repeal
SECTION 4. Section 58-37-40(F) of the 1976 Code is repealed.
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 21st day of May, 1997.