Title 58, Public Utilities, Services and Carriers

(1) The parties to a certification proceeding shall include: (a) the applicant; (b) the Office of Regulatory Staff, the Department of Environmental Services, the Department of Natural Resources, and the Department of Parks, Recreation and Tourism; (c) each municipality and govern…

A record shall be made of any hearing and of all testimony taken and the cross-examination thereon. The commission may provide for the consolidation of the representation of parties having similar interests.

(1) The commission shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions or modifications of the construction, operation or maintenance of the major utility facility as the commission may deem appro…

In rendering a decision on an application for a certificate, the commission shall issue an order stating its reasons for the action taken. If the commission has found that any regional or local law or regulation, which would be otherwise applicable, is unreasonably restrictive pu…

(A) In addition to the requirements of Articles 1, 3, 5, and 7 of Chapter 33, Title 58, a certificate for the construction of a major utility facility shall be granted only if the Public Service Authority demonstrates and proves by a preponderance of the evidence and the commissi…

(A) The Public Service Authority may not acquire a major utility facility without approval of the Public Service Commission of South Carolina, provided that the approval is required only to the extent the transaction is not subject to the exclusive jurisdiction of the Federal Ene…

(1) The Public Service Authority may not enter into a contract for the purchase of power with a duration longer than ten years without approval of the Public Service Commission of South Carolina, provided that the approval is required only to the extent the transaction is not sub…

(A) The General Assembly encourages Dominion Energy South Carolina, Inc. and the Public Service Authority to jointly complete evaluations related to construction of a joint resource or joint resources to address energy needs and advance the economy and general welfare of the Stat…

Electrical utilities and the Public Service Authority are encouraged to explore the potential for deploying fusion energy and advanced nuclear facilities including, but not limited to, small modular nuclear facilities at suitable sites. Suitable sites may include sites of current…

The following words, when used in this chapter, has the following meanings, unless otherwise clearly apparent from the context: (1) The term "commission" means Public Service Commission. (2) The term "major utility facility" means: (a) electric generating plant and associated fac…

For any construction project with a project budget of at least five hundred million dollars and in order to maintain the financial integrity of significant expenditures affecting ratepayers, the Office of Regulatory Staff shall retain an independent construction analyst who shall…

This article is known, and may be cited, as the "Base Load Review Act" and is applicable to utilities as defined in Section 58-33-220 of this article.

The following terms, when used in this article, shall have the following meanings, unless another meaning is clearly apparent from the context: (1) "AFUDC" means the allowance for funds used during construction of a plant calculated according to regulatory accounting principles. …

(A) The provisions of this section apply to the preconstruction costs of a nuclear-powered facility. (B) At any time before the filing of an application or a combined application under this act related to a specific plant, a utility may file a project development application with…

(A) Any utility proposing to construct a plant, individually or jointly with other parties, may elect to come under the terms of this article by filing an application or combined application with the commission, and by serving a copy of that application or combined application on…

(A) Except as otherwise specified in this article, all procedural requirements that apply to general rate proceedings by law or regulation shall apply to proceedings and combined proceedings, to revised rates proceedings, and to the judicial review of orders issued under this art…

The application for a base load review order under this article shall include: (1) information showing the anticipated construction schedule for the plant; (2) information showing the anticipated components of capital costs and the anticipated schedule for incurring them; (3) inf…

(A) A combined application must contain: (1) an introduction; (2) material required by law or regulation to be contained in an application filed under the Utility Facility Siting and Environmental Protection Act, except that combined applications associated with plants located ou…

(A) After the hearing, the commission shall issue a base load review order approving rate recovery for plant capital costs if it determines: (1) that the utility's decision to proceed with construction of the plant is prudent and reasonable considering the information available t…

(A) A base load review order shall constitute a final and binding determination that a plant is used and useful for utility purposes, and that its capital costs are prudent utility costs and expenses and are properly included in rates so long as the plant is constructed or is bei…

(A) After issuance of a base load review order approving rate recovery for capital costs related to the plant, the utility will file reports with the Office of Regulatory Staff quarterly until the plant begins commercial operation. These reports must be filed no later than forty-…

(A) No earlier than one year after filing the application or combined application, and no more frequently than annually thereafter, the utility may file with the commission and serve on the Office of Regulatory Staff requests for the approval of revised rates subsequent to those …

(A) Within thirty days of the issuance of a revised rates order pursuant to Section 58-33-280(E) of this article, or within thirty days of the failure by the commission to issue a revised rates order as required pursuant to Section 58-33-280(E), any aggrieved party may petition t…

(A) The commission shall issue its order ruling upon a petition for review of a revised rates order within six months. If the petition for review has been resolved among the parties by settlement agreement, the commission shall consider and accept or reject any settlement agreeme…

The denial of a project development application, application, or combined application under this article shall not preclude the utility from filing a new or amended project development application, application, or combined application at any time. A utility may proceed to constru…

(A) The Office of Regulatory Staff is authorized to create additional positions for purposes of performing its duties under this article as follows: (1) two additional positions when there is one nuclear unit that is subject to an application for a project development order, an a…

Filings under this article may not be considered in applying the limitations on rate filings contained in Section 58-27-870(E).

(A)(1) If a party wishes to file for a petition for rehearing or reconsideration from all or any portion of an order or decision of the commission, that petition must be filed within fifteen days from the commission issuing the order or decision. A response to the petition for re…

Except as expressly set forth in Section 58-33-310, no court of this State shall have jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the commission under this chapter or to sto…

Notwithstanding any other provision of law, no State or regional agency, or municipality or other local government may require any approval, consent, permit, certificate or other condition for the construction, operation or maintenance of a major utility facility authorized by a …

The commission, in the discharge of its duties under this chapter or any other statute, is authorized to hold joint hearings within or without the State and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any other state of the United…

Each public utility shall annually furnish a report to the commission and provide to the Office of Regulatory Staff for its review containing a ten-year forecast of loads and resources; provided, however, this section shall not apply to any electric cooperative. The report shall …