Public Service Commission

103-816. Written Correspondence. All written communications shall be directed or hand-delivered to the Commission’s physical address as listed at www.psc.sc.gov. HISTORY: Amended by State Register Volume 31, Issue No. 4, eff April 27, 2007; SCSR 48-5 Doc. No. 5168, eff May 24, 20…

103-817. Proceedings. A. Nature of Proceedings. If required by law and upon filing of a pleading as set forth in R.103-819, et. seq., proceedings for the purpose of rulemaking, ratemaking, licensing, determining rights, duties, or privileges of any party, and undertaking an offic…

103-817.1. E-Filing and E-Service. A. Electronic Filing. The electronic transmission of a document to the E-Filing System in accordance with this Regulation constitutes the filing of that document in accordance with Title 58 of the South Carolina Code and the Commission’s Regulat…

103-818. Rulemaking Proceedings. A. Nature of Rulemaking Proceedings. When permitted by law, and upon the filing of a pleading, proceedings for the purpose of rulemaking shall be conducted by one or more Commissioners or by a hearing examiner through the development of a formal r…

103-819. General Contents of Pleadings. All pleadings in proceedings before the Commission to which docket numbers have been assigned shall prominently display such docket numbers. All pleadings shall also include the following information: A. The legal name and address of each p…

103-820. General Form of Pleadings. All pleadings filed in proceedings before the Commission should be typewritten on paper cut or folded to letter size (8 to 8 1/2 inches wide by 10 1/2 to 11 inches long) with a left-hand margin not less than 1 1/2 inches wide and other margins …

103-821. Copies of Pleadings. Pleadings shall be filed in one original and copies, as determined by the Commission, unless otherwise specified by the Chief Clerk. In addition, where practicable, an electronic copy of the pleadings shall be served on the Chief Clerk and all partie…

103-822. Signature and Verification. All pleadings filed with the Commission shall be signed. The signature of the person, or its authorized representative, submitting the pleading, shall constitute an admission that such person or representative has read the pleading and knows t…

103-823. Applications. Applications are submitted to the Commission for any authorization or permission which the Commission is empowered to grant under its statutory authority, including applications for establish- ment or adjustment of rates and charges. A. Content of Applicati…

103-823.1. Financing Applications. Any electrical utility filing financing applications must provide the following information as a separate part of its application: a. Identify the effect of the proposed financing on the utility’s income statement and balance sheet and identify …

103-823.2. Protection of Customer Data. A. Definitions of Key Terms. (1) Aggregated Data. The term ‘‘aggregated data’’ means customer data, alone or in combination with non-customer data, resulting from processing (e.g., average of a group of customers) or the compilation of cust…

103-824. Complaints. Any person complaining of anything done or omitted to be done by any person under the statutory jurisdiction of the Commission in contravention of any statute, rule, regulation or order administered or issued by the Commission, may file a written complaint wi…

103-825. Petitions. Petitions may be submitted to the Commission for any relief, other than for an adjustment of rates and charges, which the Commission is empowered to grant under its statutory authority. Petitions which may be filed include: Petition for Rulemaking, Petition fo…

103-826. Answers. Answers are submitted to the Commission in response to complaints and petitions, and to Rules to Show Cause issued by the Commission. Answers are not required to Petitions for Rehearing or Reconsideration. A. Content of Answers. (1) Answers shall be drawn so as …

103-827. Protests. A. In General. A protest is intended to advise the Commission and all parties to a proceeding before the Commission of the fact and character of the protestant’s objection to part or all of the subject matter of the proceeding. The filing of a protest does not …

103-828. Amendments. Any modification or supplement to a pleading shall be deemed an amendment to the pleading, and shall comply with the particular requirements of content and form for the type of pleading so amended. Upon its own motion or upon motion duly filed by a party of r…

103-829. Motions. A. Motions, except those made during hearings, will be reduced to writing and filed with the Chief Clerk at least ten (10) days prior to the commencement of a hearing. Responses to such motions are due within ten days after service of said motions. Replies to re…

103-830. Filing and Service of Pleadings. All pleadings shall be filed with the Chief Clerk of the Commission and served on the Office of Regulatory Staff unless and until it chooses not to participate in a proceeding. A. Service of Complaints and Answers. (1) A complainant reque…

103-830.1. Service Between Parties of Record. Upon written agreement by all the parties in a docket, service of filings made in a docket at the commission may be made through e-mail or electronic service. Upon a notice of appearance by a party in a docket or, in the case of an in…

103-831. Computation of Time. The computation of time shall be governed by Rule 6 of the South Carolina Rules of Civil Procedure. Extensions of time may be granted by the commission for good cause shown. The provisions of Regulation 103-831 do not apply to Petitions for Rehearing…

103-832. Subpoenas and Subpoenas Duces Tecum. Subpoenas and Subpoenas Duces Tecum shall be issued and served in a manner consistent with the South Carolina Rules of Civil Procedure. HISTORY: Amended by State Register Volume 12, Issue No. 6, eff June 24, 1988; State Register Volum…

103-833. Written Interrogatories and Request for Production of Documents and Things. A. Any material relevant to the subject matter involved in the pending proceeding may be discovered unless the material is privileged or is hearing preparation working papers or attorney work pro…

103-834. Depositions. Any party of record to a proceeding may, by written request, ask the Commission or its designee for leave to take the testimony of any witness by deposition. The request shall set forth the facts the requesting party seeks to establish by the deposition. Suc…

103-835. Other Discovery Procedures. The S. C. Rules of Civil Procedure govern all discovery matters not covered in Commission Regulations. Upon motion by a party, the Commission may entertain proposed modifications to discovery procedures and schedules. All discovery, including …

103-836. How Hearings are Set. The Commission will assign a time and place for hearing and shall give notice thereof as required by law. The Commission is authorized to conduct such hearings virtually or by other remote means, as needed. HISTORY: Amended by State Register Volume …

103-837. Hearing Calendar. The hearing calendar will be posted in the office of the Chief Clerk of the Commission and shall be available for inspection by the public during the office hours of the Commission. Proceedings pending upon this calendar will be heard in their order of …

103-838. Continuance. Any party of record desiring a continuance shall, immediately upon receipt of notice of the hearing or as soon thereafter as facts requiring such continuance come to its knowledge, notify the Chief Clerk, stating in detail the reasons why such continuance is…

103-839. Prehearing Conferences. A. Purposes. Upon written notice by the Commission in any proceeding, parties of record or their authorized representative may be directed to meet before a designated staff member at a specified time and place for a conference, prior to a hearing,…

103-840. Consolidated Hearings. The Commission, upon its own motion or upon motion by any party, may order two or more proceedings involving a similar question of law or fact to be consolidated for hearing where rights of the parties or the public interest will not be prejudiced …

103-841. Presiding Officer. A. In General. When evidence is to be taken in a proceeding before the Commission, any Commissioner or any hearing examiner designated by the Commission may preside at the hearing. B. Powers and Duties of Presiding Officer. A presiding officer shall ha…

103-842. Order of Procedure. A. Investigations. Upon an investigation initiated by the Office of Regulatory Staff or by request of the Commission, evidence in a proceeding will ordinarily be received in the following order: (1) Office of Regulatory Staff; (2) Respondent; (3) Othe…

103-843. Standard of Conduct. All individuals acting in a representative capacity in proceedings before the Commission shall conform to the standards of ethical conduct required of attorneys before the courts of this State. If any such individual does not conform to such standard…

103-844. Failure to Attend Designated Hearing. A. At the time and place set for hearing, if an applicant, petitioner, or complainant fails to attend personally or through an authorized representative without having obtained a continuance in the manner specified in R. 103-838, the…

103-845. Witnesses. A. In General. Witnesses shall be examined orally. Witnesses presenting testimony shall be sworn, or shall affirm, before their testimony shall be deemed evidence in the proceeding or any questions are put to them. All exhibits, no matter the size, must be eas…

103-846. Evidence. A. In General. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. The rules of evidence as applied in civil cases in the Court of Common Pleas shall be followed. Effect shall be given to the rules of privilege recognized by law. Objections…

103-847. Documentary Evidence. A. Commission Files. In case any matter contained in a report or other document on file with the Commission is offered in evidence, such report or other document need not be produced or marked for identification, but may be offered in evidence by sp…

103-848. Exhibits. A. Size of Exhibits. Except by special permission of the presiding officer, no prepared exhibits offered as evidence shall be of greater size, when folded, than 8 1/2 inches by 11 inches. B. Copies of Exhibits. When exhibits are offered in evidence, the origina…

103-849. Objections to the Introduction of Evidence. A. In General. Any evidence offered in whatever form shall be subject to appropriate and timely objection. When objection is made to the admissibility of evidence, such evidence may be received subject to later rulings by the p…

103-850. Transcripts. A. In General. The Commission will cause to be made a record of all proceedings. B. Copies of Transcript. Copies of the typewritten transcript of any proceeding may be obtained from the hearing reporters upon request and after payment of the applicable fee. …

103-851. Briefs or Proposed Orders. A. Due Date. The presiding officer shall fix the time for filing and service of briefs or proposed orders. B. Table of Contents and Citations. A brief of more than 20 pages shall contain a table of contents showing arguments presented with page…

103-852. Service of Orders. A. All Orders representing final disposition of a proceeding shall be filed with the Chief Clerk, who shall serve copies thereof upon all parties of record or their authorized representative. Such service shall be by electronic service, certified mail,…

103-853. Finality of Decision. All proceedings before the Commission shall be disposed of by issuance of an Order as defined in R.103-804(K) served upon all parties of record. A. Effective Date of Orders. Commission Orders shall take effect and become operative when served by ele…

103-854. Petition for Rehearing or Reconsideration. Unless otherwise provided by law, no cause of action shall accrue in any court of competent jurisdiction to vacate or set aside any Order of the Commission, either in whole or in part, unless a petition for rehearing or reconsid…

103-856. Appellate Review. A. In General. After denial of rehearing, a party of record may appeal a Commission Order to the appropriate judicial forum pursuant to applicable provisions of law. B. Stay of Commission Order Pending Review. Except as otherwise provided by law, an app…

103-857. Penalty Provisions. A. In General. Any fine or penalty assessed against any person as allowed by statute, may be imposed in accordance with applicable provisions of law and these rules as established by the Commission. B. Calculation of Fine or Penalty. The fine or penal…

103-858. General Provisions. A. Additional Hearings. The Commission may, in addition to other hearings as provided for by rule or statute, conduct such other hearings as may be required in the administration of the Commission’s power and duties. B. Construction. If any provision …

103-859. Emergency Procedures. A. When it appears to the Office of Regulatory Staff that a utility is planning to disconnect its service to a customer(s) in violation of the Commission’s Rules and Regulations and under circum- stances which prevent the full Commission from meetin…