2018 South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
CHAPTER 33 - UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION
- Section 58-33-110. Certificate required before construction of major utility facility; transfer and amendment of certificate; exceptions; emergency certificates.
- Section 58-33-120. Application for certificate; service on and notice to municipalities, government agencies and other persons of application.
- Section 58-33-130. Hearings.
- Section 58-33-140. Parties to certification proceedings; limited appearances; intervention.
- Section 58-33-150. Record of proceedings; consolidation of representation of parties.
- Section 58-33-160. Decision of Commission.
- Section 58-33-170. Opinion of Commission.
Editor's Note
2018 Act No. 258, Sections 2.A and 2.B, provide as follows:
"SECTION 2. A. As of the effective date of this act, the Public Service Commission must not accept a base load review application, nor may it consider any requests made pursuant to Article 4, Chapter 33, Title 58 other than in a docket currently pending before the commission.
"B. The provisions of Article 4, Chapter 33, Title 58 are repealed upon the conclusion of litigation concerning the abandonment of V.C. Summer Units 2 and 3."
2018 Joint Resolution 285 (S.954), Sections 1 to 3, provide as follows::
"SECTION 1. The Public Service Commission shall not hold a hearing on the merits before November 1, 2018, for a docket in which requests were made pursuant to the Base Load Review Act; however, the Public Service Commission may hold an administrative or procedural hearing for such a docket prior to a hearing on the merits. The Public Service Commission must issue a final order on the merits for a docket in which requests were made pursuant to the Base Load Review Act no later than December 21, 2018.
"SECTION 2. No final determination of matters described in this joint resolution, whether by a final order issued by the Public Service Commission or by operation of law, shall occur earlier than the time period prescribed in SECTION 1. The Public Service Commission's failure to issue a final order prior to the time period established in this joint resolution shall not constitute approval by the Public Service Commission and a utility must not put into effect the change in rates it requested in its schedule.
"SECTION 3. Any statute in Title 58 in conflict with the provisions of this joint resolution are suspended for purposes of the utility rates for matters related to V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Carolina. This suspension remains in effect until the Public Service Commission issues its final order in this matter."
- Section 58-33-210. Citation and applicability of article.
- Section 58-33-220. Definitions.
- Section 58-33-225. Project development applications; prudency determinations; disallowance of imprudent costs; deferral of costs of abandoned project.
- Section 58-33-230. Filing applications for proposed construction with commission; copy to and role of Office of Regulatory Staff; application for certificate under Utility Facility Siting and Environmental Protection Act for plants inside South Carolina and plants outside South Carolina serving residents.
- Section 58-33-240. Applicability of procedural requirements for general rate proceedings; notice; burden of proof as to prudence of decision to build plant; deadlines.
- Section 58-33-250. Application for baseline review; contents.
- Section 58-33-260. Combined application; contents.
- Section 58-33-270. Base load review orders; contents; petition for modification; settlement agreements between Office of Regulatory Staff and applicant.
- Section 58-33-275. Base load review orders; parameters; challenges; recovery of capital costs.
- Section 58-33-277. Reports; contents; on-going monitoring by Office of Regulatory Staff.
- Section 58-33-280. Requests for approval of revised rates.
- Section 58-33-285. Review of revised rates order or failure to issue such order; Office of Regulatory Staff as party; intervention.
- Section 58-33-287. Review proceedings; consideration of settlement; discovery; contents and time for issuance of final order.
- Section 58-33-290. Effect of denial of or failure to seek project development application; filing new or amended applications.
- Section 58-33-295. Office of Regulatory staffing; expert witnesses.
- Section 58-33-298. Application of limitations on rate filings in Section 58-27-870(E).
