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South Carolina Statutes, Title 58

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Title 58, Public Utilities, Services and Carriers

26 chapters · 1,128 sections in this title.

All chapters in Title 581,128 Ch 17, Title 58, Chapter 17225 Ch 27, Title 58, Chapter 27175 Ch 9, Title 58, Chapter 9120 Ch 23, Title 58, Chapter 2386 Ch 15, Title 58, Chapter 1583 Ch 5, Title 58, Chapter 562 Ch 11, Title 58, Chapter 1162 Ch 31, Title 58, Chapter 3155 Ch 3, Title 58, Chapter 346 Ch 13, Title 58, Chapter 1336 Ch 33, Title 58, Chapter 3336 Ch 12, Title 58, Chapter 1229 Ch 21, Title 58, Chapter 2118 Ch 4, Title 58, Chapter 417

55 sections·Filtered byTitle 58✕Ch 31✕

S.C. Code Ann. § 58-31-10 Creation of South Carolina Public Service Authority; offices
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There is hereby created a body corporate and politic to be known as the South Carolina Public Service Authority (herein called the "Public Service Authority"), with a principal office in the town of Moncks Corner near the Santee-Cooper power dam and navigation locks in Berkeley C…
S.C. Code Ann. § 58-31-100 Payment of additional sums in lieu of taxes
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Beginning with the fiscal year 1974-75 and in each fiscal year thereafter, after payment of the sums in lieu of taxes provided for by Sections 58-31-80 and 58-31-90, the Public Service Authority shall make the following additional payments in lieu of taxes: (1) To any county in w…
S.C. Code Ann. § 58-31-110 Net earnings; disposition and use
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The South Carolina Public Service Authority is a corporation, completely owned by and to be operated for the benefit of the people of this State. Any and all net earnings of the Public Service Authority not necessary for the prudent conduct and operation of its business in the be…
S.C. Code Ann. § 58-31-120 Authority shall use labor and materials from this State
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As far as may be practicable and not in conflict with any statute of the United States or the rules or regulations of any agency thereof which may assist in financing any project undertaken pursuant to this chapter, the Public Service Authority shall use and give preference to So…

S.C. Code Ann. § 58-31-130 Credit and taxing power of the State and its subdivisions shall not be involved; liability for payment of securities

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Nothing contained in the provisions of this chapter shall, at any time or in any manner, involve the credit and taxing power of the State, or of any of its political subdivisions; nor shall any of the securities or other evidences of indebtedness authorized to be issued in and by…

S.C. Code Ann. § 58-31-140 State and its subdivisions shall never levy taxes or appropriate funds for project

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It is hereby declared that the State and any of its political subdivisions shall never levy any tax to pay any obligations incurred in building this project or make any appropriation to carry on the work of developing the Santee-Cooper power project.

S.C. Code Ann. § 58-31-150 Amendments or repeal of chapter; effect

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The right to alter, amend, or repeal this chapter is hereby expressly reserved and disclosed, but no such amendment or repeal shall operate to impair the obligation of any contract made by said corporation under any power conferred by this chapter.

S.C. Code Ann. § 58-31-160 Authority may construct Santee-Cooper project

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The Public Service Authority may construct the Santee-Cooper hydroelectric and navigation project as outlined and described in the license issued by the Federal Power Commission to Columbia Railway and Navigation Company for the construction of project No. S. C. 199, dated April …

S.C. Code Ann. § 58-31-170 Designation of Lake Moultrie and Lake Marion

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One of the lakes belonging to the State, constructed by the South Carolina Public Service Authority on the Cooper River near Pinopolis, in Berkeley County, shall hereafter be known as Lake Moultrie, and the other lake belonging to the State, constructed by the Authority on the Co…

S.C. Code Ann. § 58-31-180 Diversion of water from Sampit River, Penney Royal Creek and their tributaries for use in operation of generating plant

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(1) The South Carolina Public Service Authority is hereby authorized to divert water from the Sampit River, Penney Royal Creek and their tributaries for use in connection with the operation of an electric generating plant to be constructed in Georgetown County between the Sampit …

S.C. Code Ann. § 58-31-190 Diversion of water from Santee River and its tributaries for use in operation of generating plant

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The South Carolina Public Service Authority is hereby authorized to divert water from the Santee River, and its tributaries for use in connection with the operation of an electric generating plant to be constructed in Georgetown County between the Sampit River, Penney Royal Creek…

S.C. Code Ann. § 58-31-20 Board of directors; advisory board

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(A)(1) The Public Service Authority consists of a board of twelve directors who reside in South Carolina and who have the qualifications stated in this section, as determined by the State Regulation of Public Utilities Review Committee pursuant to Section 58-3-530(14), before bei…

S.C. Code Ann. § 58-31-200 Joint ownership of nuclear electric generating station in Fairfield County

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The South Carolina Public Service Authority shall have the power to become a joint owner with 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 S…

S.C. Code Ann. § 58-31-205 Dominion Energy; public service authority; natural gas facilities

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(A) The Public Service Authority shall have the power to jointly own, as tenants-in-common or through a limited liability company, with Dominion Energy South Carolina, Inc., one or more natural gas-fired generation facilities, and related transmission facilities, to be constructe…

S.C. Code Ann. § 58-31-210 Public Service Authority empowered to enter joint ownership of electric generation and transmission facilities with Central Electric Power Cooperative

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The South Carolina Public Service Authority shall have the power to become a joint owner with Central Electric Power Cooperative, Inc., of electric generation and transmission facilities, the power to plan, finance, acquire, own, operate and maintain an undivided interest in such…

S.C. Code Ann. § 58-31-220 Authorization for Public Service Authority to adopt calendar year as its fiscal year

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The Public Service Authority may adopt the calendar year as its fiscal year, but the adoption does not affect payments made by the Authority to the general fund of the State.

S.C. Code Ann. § 58-31-225 Office of Regulatory Staff; inspections, audits, and examinations

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The Office of Regulatory Staff, under the provisions of this section, is hereby vested with the authority and jurisdiction to make inspections, audits, and examinations of the Public Service Authority pursuant to the provisions of Chapter 4, Title 58, relating to the electric rat…

S.C. Code Ann. § 58-31-227 Renewable energy facilities and resources

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(A) The Public Service Authority shall file for commission approval of a program for the competitive procurement of energy, capacity, and environmental attributes from renewable energy facilities to meet needs for new generation resources identified by the Authority in its Integr…

S.C. Code Ann. § 58-31-230 Public Service Authority broadband authority

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(A) As used in this section, unless the context otherwise requires: (1) "Unaffiliated communications service provider" means a "communications service provider", as defined under Section 58-9-3010(8), and including, but not limited to, electric cooperatives and their broadband af…

S.C. Code Ann. § 58-31-240 Joint Bond Review Committee; annual reporting of real property transactions

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For purposes of this section: (A) "JBRC" means the Joint Bond Review Committee. (1) Prior to issuing any (1) bonds, (2) notes, or (3) other indebtedness, including any refinancing that does not achieve a savings in total debt service, the JBRC must approve, reject, or modify the …

S.C. Code Ann. § 58-31-250 Legislative oversight

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(A) The Senate Finance Committee and the House Ways and Means Committee may request and the Authority must produce, in writing or by testimony at the request of the relevant committee, within thirty days of any request any or all of the following: (1) annual audited financial sta…

S.C. Code Ann. § 58-31-30 Powers of Authority

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(A) The Public Service Authority has power to develop the Cooper River, the Santee River, and the Congaree River in this State, as instrumentalities of intrastate, interstate, and foreign commerce and navigation; to produce, distribute, and sell electric power; to acquire, treat,…

S.C. Code Ann. § 58-31-310 Definitions

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The following words and phrases as used in this article, unless a different meaning is plainly required by the context, shall have the following meanings: (1) The term "electrical utility" includes persons and corporations, their lessees, assignees, trustees, receivers or other s…

S.C. Code Ann. § 58-31-320 Customers to whom Authority shall provide electric service

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After July 9, 1973, the Public Service Authority shall have the right to provide electric service only to, and it shall have the right to serve: (1) Central Electric Power Cooperative, Inc., including: (a) all electric cooperatives that are members of Central Electric Power Coope…

S.C. Code Ann. § 58-31-330 Service area of authority

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Except as set forth in this article, the present service area of the Public Service Authority consists of the counties of Berkeley, Georgetown, and Horry; but the following described areas are not included in the Public Service Authority's present service area as defined herein: …

S.C. Code Ann. § 58-31-340 Filing and correcting drawings; acquisition of facilities outside service area

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Each of the drawings referred to in Section 58-31-330 must be filed in the place provided by law for recording the real estate records of the county concerned, and a certified copy of each drawing must be filed in the office of the Secretary of State. Certified copies of the draw…

S.C. Code Ann. § 58-31-350 Acquisition of facilities within service area

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Distribution facilities belonging to another electrical utility which, after July 9, 1973, are located in the present service area of the Public Service Authority as defined in Section 58-31-330, shall be acquired by the Public Service Authority within two years of July 9, 1973 a…

S.C. Code Ann. § 58-31-360 State covenant with holders of obligations of Authority

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In order to protect those subscribing to, purchasing or acquiring the notes, bonds, evidences of indebtedness or other obligations of the Public Service Authority, the State of South Carolina does hereby covenant and agree with any person, firm or corporation, the government of t…

S.C. Code Ann. § 58-31-370 Jurisdiction of circuit court

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The circuit court of this State shall have exclusive jurisdiction to hear and determine any dispute arising under Sections 58-31-310 through 58-31-360.

S.C. Code Ann. § 58-31-380 Annual report of Authority as to rates

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The Public Service Authority shall annually report to the Office of Regulatory Staff in the same manner as electric cooperatives as to the rates charged by it.

S.C. Code Ann. § 58-31-390 Authority not to service new premises assigned to electric cooperative; exception

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Except as provided in Section 58-31-320(1), the Public Service Authority shall serve no new premises within the territory assigned by the Public Service Commission to any electric cooperative.

S.C. Code Ann. § 58-31-40 Remedies upon default of obligations; appointment of receiver

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Any resolution authorizing any notes, bonds or other evidences of indebtedness, and any mortgage or trust indenture or other agreement entered into pursuant thereto, may, whether or not any such obligations are or are to be secured by mortgage, provide that in the event that (a) …

S.C. Code Ann. § 58-31-400 Submission of annual budget

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The Public Service Authority shall submit its annual budget to the House Ways and Means Committee to be printed as a regular part of the General Appropriation Act. The annual budget is submitted for information purposes only.

S.C. Code Ann. § 58-31-420 Laws applicable to electric service within municipal limits not repealed or modified

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The authority granted in this article shall not repeal or modify other laws applicable to electric service within municipal corporate limits, and any provisions of this article inconsistent with other laws are not applicable within the municipal limits.

S.C. Code Ann. § 58-31-430 Service area to be exclusively served by Authority; reservations; agreements between suppliers

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The Public Service Commission may not assign any portion of the present service area of the Public Service Authority to any electrical utility or electric cooperative and this service area must be exclusively served by the Public Service Authority unless otherwise agreed to by th…

S.C. Code Ann. § 58-31-440 Maintenance of existing lines; customer choice in certain circumstances

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Lines of the Public Service Authority in existence on July 1, 1984, which extend into the service areas of Berkeley Electric Cooperative, Santee Electric Cooperative, and Horry Electric Cooperative, and lines of those cooperatives which extend into the service area of the Public …

S.C. Code Ann. § 58-31-450 Erosion control

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The Public Service Authority shall provide proper vegetation or other method of erosion control on any existing or future rights-of-way.

S.C. Code Ann. § 58-31-460 Restrictions on interruption of electric service to residential customer for nonpayment of bill; exceptions

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(A) Except as provided in subsection (B) of this section, the Public Service Authority must not interrupt electric service to any residential customer for nonpayment of a bill until twenty-five days have elapsed from the date of billing. (B) The Public Service Authority may inter…

S.C. Code Ann. § 58-31-50 Right to and procedure for acquisition of property by Authority

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The Public Service Authority may acquire by purchase, gift, condemnation, or in any other manner, any lands, waters, water rights, riparian rights, flowage rights, easements, licenses, franchises, engineering data, construction plans, or estimates prepared for the development of …

S.C. Code Ann. § 58-31-510 Definitions

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For purposes of this article: (1) "Licensed health care provider" means a licensed medical doctor, physician's assistant, nurse practitioner, or advanced-practice registered nurse. (2) "Special needs account customer" means the account of a residential customer: (a) when the cust…

S.C. Code Ann. § 58-31-520 Termination procedures; contents

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(A) The Public Service Authority must establish written procedures for termination of service due to nonpayment for a special needs account customer at any time and for all residential customers during weather conditions marked by extremely cold or hot temperatures. The Public Se…

S.C. Code Ann. § 58-31-530 Third-party notification program

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The Public Service Authority must consider establishing and maintaining a third-party notification program to allow a residential customer to designate a third party to be notified if the electric service is scheduled for termination.

S.C. Code Ann. § 58-31-540 Disconnection when public safety emergency exists

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Notwithstanding another provision of this article, the Public Service Authority may disconnect a customer when it is determined that a public safety emergency exists.

S.C. Code Ann. § 58-31-55 Standards for director's discharge of duties; immunity

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(A) A director shall discharge his duties as a director, including his duties as a member of a committee: (1) in good faith; (2) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) in a manner he reasonably believes to…

S.C. Code Ann. § 58-31-550 Private right of action; duty of care

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This article does not create a new private right of action or a new duty of care. This article does not diminish, increase, affect, or evidence any duty of care existing under the laws of this State prior to the effective date of this article.

S.C. Code Ann. § 58-31-56 Conflict of interest transactions

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(A) A conflict of interest transaction is a transaction with the Public Service Authority in which a director of the Public Service Authority has a direct or indirect interest. A conflict of interest transaction is not voidable by the Public Service Authority solely because of th…

S.C. Code Ann. § 58-31-57 Suits for breach of duty

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Wholesale and retail customers of the Public Service Authority and electric cooperatives that are indirect customers of the Public Service Authority may bring suit against Public Service Authority directors asserting a breach of any duty arising under Sections 58-31-55 and 58-31-…

S.C. Code Ann. § 58-31-60 Duties and powers of board of directors

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The powers of the Public Service Authority shall be exercised by the board of directors, with the exception of such duties as this chapter shall impose upon the advisory board. A majority of the members of the board of directors shall constitute a quorum of the board for the purp…

S.C. Code Ann. § 58-31-70 Use of facilities and operation of business of Authority

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The use of the facilities of the Public Service Authority and the operation of its business shall be subject to the rules and regulations from time to time adopted by the Public Service Authority; provided, however, that the Public Service Authority shall not be authorized to do …

S.C. Code Ann. § 58-31-710 Adoption and publication of pricing principles

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The Public Service Authority, through its board of directors, shall adopt and publish pricing principles that respect and balance factors including, but not limited to, adherence to the Authority's mission to be a low-cost provider, reliability, transparency, preservation of the …