South Carolina General Assembly
116th Session, 2005-2006

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Bill 1238

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COMMITTEE REPORT

March 15, 2006

S. 1238

Introduced by Senators McConnell, Moore, Rankin, Drummond, Land, Setzler, Leatherman, Peeler, Matthews, McGill, O'Dell, Elliott, Martin, Mescher, Ryberg, Short, Alexander, Grooms, Richardson, Verdin, Cromer, Bryant, Ford and Scott

S. Printed 3/15/06--S.

Read the first time March 9, 2006.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1238) to amend Section 58-31-200, Code of Laws of South Carolina, 1976, relating to the ability of the South Carolina Public Service Authority to jointly own, etc., respectfully

REPORT:

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

WILLIAM MESCHER for Committee.

            

A BILL

TO AMEND SECTION 58-31-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABILITY OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO JOINTLY OWN A NUCLEAR POWER STATION AND RELATED TRANSMISSION FACILITIES WITH THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY ON A SITE AT OR NEAR PARR SHOALS IN FAIRFIELD COUNTY, SO AS TO CONFIRM THAT NEW NUCLEAR GENERATION UNITS AT THE SITE ARE AUTHORIZED AND TO ALLOW THESE UNITS TO BE JOINTLY OWNED BY THE PUBLIC SERVICE AUTHORITY WITH PRIVATELY OWNED ELECTRIC UTILITIES.

Whereas, the areas where the South Carolina Public Service Authority provides wholesale and retail electric service are experiencing substantial growth; and

Whereas, the South Carolina Public Service Authority is considering new base load generation options for meeting the growth of its customers; and

Whereas, the Energy Policy Act of 2005 passed by Congress has made the option of nuclear power and its benefits viable again; and

Whereas, the South Carolina Public Service Authority and South Carolina Electric & Gas Company (SCE&G) jointly own the V.C. Summer Nuclear Station in Fairfield County, which became operational in 1982; and

Whereas, this joint ownership has been successful, evidenced by V.C. Summer Nuclear Station's outstanding safety and reliability record, as well as the recent re-licensure of the facility by the Nuclear Regulatory Commission; and

Whereas, there is a sufficient record concerning the construction and operation of V.C. Summer Nuclear Station upon which an evaluation of the likelihood of the successful and safe construction and operation of additional nuclear generation units can be made; and

Whereas, the existing generation, transmission, and security infrastructure at the V.C. Summer Nuclear Station and the proven, positive relationship between the South Carolina Public Service Authority and SCE&G make the Fairfield County site economical for the South Carolina Public Service Authority and SCE&G to utilize if they decide to jointly build new nuclear generation units; and

Whereas, the South Carolina General Assembly authorized through legislation the joint ownership of the V.C. Summer Nuclear Station, which was originally designed to include several nuclear generation units; and

Whereas, further legislative authority is desired to confirm that new nuclear generation units are authorized at the V.C. Summer Nuclear Station under the current statutory language and to allow additional joint owners at the site, if necessary. Now, therefore,

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

SECTION    1.    Section 58-31-200 of the 1976 Code is amended to read:

"Section 58-31-200.    The South Carolina Public Service Authority shall have the power to become a joint owner with South Carolina Electric and Gas Company of a proposed nuclear generating station, one or more privately owned electric utilities in existing or future nuclear electric generation units, and related transmission facilities, to be constructed on a site at or near Parr Shoals in Fairfield County and specifically the power to plan, finance, acquire, own, operate, and maintain an undivided joint ownership interest in such plant and facilities necessary or incidental to the generation and transmission of electric power generated at the plant, and to make such plans and enter into such contracts or other agreements as are necessary or convenient for the planning, financing, acquisition, construction, ownership, operation, and maintenance of the plant and facilities; provided, however, that the Public Service Authority shall own a percentage of the plant and facilities Authority's joint ownership interest shall be equal to the percentage of the money furnished or the value of property supplied by it for the acquisition and construction of the plant and facilities and the Public Service Authority shall own and control a like percentage of the electrical output thereof; provided, further, that the Public Service Authority shall be severally liable, in proportion to its joint ownership share of interest in the plant and facilities, for the acts, omissions, or obligations performed, omitted, or incurred by the South Carolina Electric and Gas Company operator or other owners of the plant while acting as the designated agent of the Public Service Authority for purposes of constructing, operating, or maintaining the plant and facilities or any of them, but shall not otherwise be liable, jointly or severally, for the acts, omissions, or obligations of South Carolina Electric and Gas Company the operator or other owners of the plant; nor shall any money or property of the Public Service Authority be credited or otherwise applied to the account of the South Carolina Electric and Gas Company operator or other owners of the plant, or be charged with any debt, lien, or mortgage as a result of any debt or obligation of South Carolina Electric and Gas Company the operator or other owners of the plant."

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

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