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Bill 602

                    Current Status

Bill Number:                      602
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010419
Primary Sponsor:                  Mescher
All Sponsors:                     Mescher
Drafted Document Number:          l:\council\bills\pt\1416dw01.doc
Companion Bill Number:            3932
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Public utilities, not electrical, may 
                                  contract with industrial user for service; 
                                  Public Service Commission, Businesses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20010424  Companion Bill No. 3932
Senate  20010419  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES, EXCEPT THE PROVISION OF ELECTRICAL SERVICE, PROVIDED TO AN INDUSTRIAL USER WHEN THE USER AND PROVIDER HAVE AGREED TO A WRITTEN CONTRACT FOR THE SERVICES, THE USER IS LOCATED IN AN INDUSTRIAL PARK, AND WHERE JURISDICTIONAL UTILITIES HAVE AGREED IN WRITING TO WAIVE THEIR RIGHT TO NOTICE AND OPPORTUNITY FOR A HEARING ON THE CONTRACT, AND REQUIRE THE PROVIDER OF UTILITY SERVICES TO FILE THE WRITTEN AGREEMENT WITH THE COMMISSION.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 58-3-240. (A) As used in this section:

(1) 'industrial park' means a tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the provision of utility services and on which there is located one or more industrial users. The term 'industrial park' also means those additional tracts as may be subsequently incorporated into the industrial park;

(2) 'industrial premises' means a building, structure, plant, or facility which is located in an industrial park and is owned or leased by an industrial user;

(3) 'industrial user' means any person, corporation, or association which is engaged in the business of manufacturing, processing, assembling, fabricating, or related work;

(4) 'provider of utility services' means a person, corporation, or association which provides any or all of those services which are defined in Chapters 5, 7, and 9 of this title and subject to regulation by the commission and where the services are provided to an industrial user in an industrial park; and

(5) 'jurisdictional utilities' means those persons, corporations, associations, or political subdivisions which provide services subject to the jurisdiction of the commission under Chapter 5, 7, and 9 of this title.

(B) The provisions of Chapters 5, 7, and 9 of this title are not applicable to the provision of utility services to industrial users of these services where the industrial users are located in an industrial park where the provider of utility services and the industrial user have agreed in writing to the terms and conditions for the provision of utility services and where all jurisdictional utilities which would have a right to provide any or all of the utility services have agreed in writing to waive their right to further notice and opportunity for hearing with respect to the written agreement and the provision of the services under the terms of the agreement.

(C) Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B) of this section, the provider of utility services shall file with the commission, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B)."

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

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