Title 58, Public Utilities, Services and Carriers

(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 …

(A) The investor-owned utility holding the majority interest in the V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Carolina, has entered into a merger agreement with an out-of-state investor-owned utility. This merger agreement contemplates the continuation of r…

Within five calendar days after the effective date of this chapter, the Public Service Commission, by order, is directed to exercise its authority pursuant to Section 58-27-870(F) to provide an experimental rate that customers of the utility identified in Section 58-34-10 shall p…

Notwithstanding any other provision of law, the experimental rate set pursuant to Section 58-34-20 shall remain in full force and effect during the pendency of the matters before the commission. However, the commission shall monitor the net effect of the experimental rate and may…

Any provision of Article 7, Chapter 27, Title 58 in conflict with the provisions of this chapter, including, but not limited to, Section 58-27-870(B), are suspended for purposes of the utility rates provided for by this chapter and for any pending matters related to V.C. Summer N…

Section 58-27-930 and the time limitations contained in Section 58-33-240 (A) and (E) are hereby suspended for purposes of the utility rates provided for by this chapter and for any pending matters related to V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Caroli…

This chapter may be cited as the Underground Facility Damage Prevention Act.

(A) A designer may submit a design request to the notification center. The design request shall describe the tract or parcel of land for which the design request has been submitted with sufficient particularity, as defined by policies developed and promulgated by the notification…

(A)(1) A party affected by an alleged violation of this chapter may file a complaint with the Attorney General's Office within forty-five days of the alleged violation. Upon receipt of the complaint, the Attorney General's Office must refer the complaint to the notification cente…

For purposes of this chapter, the following words and terms are defined as follows: (1) "APWA" means the American Public Works Association or successor organization or entity. (2) "Association" means a group of operators, or their representatives, formed for the purpose of operat…

(A) The provisions in this chapter supersede and preempt any ordinance enacted by a local political subdivision that purports to: (1) require operators to obtain permits from local governments in order to identify facilities; (2) require pre-marking or marking of facilities; (3) …

(A) Any costs or expenses associated with compliance by an excavator with the requirements in this chapter applicable to excavators shall not be charged to any operator. Any costs or expenses associated with compliance by an operator with the requirements in this chapter applicab…

(A) Operators must maintain an association that will operate a notification center providing for the receipt of notice of excavation or demolition in a defined geographical area. The notification center must be governed by a board of directors composed of operators and damage pre…

(A)(1) Before commencing any excavation or demolition, the excavator must provide timely notice to the notification center of his intent to excavate or demolish. Notice for any excavation or demolition that does not involve a subaqueous facility must be given within three to twel…

(A) An operator or designated representative must provide to an excavator the following information: (1) The horizontal location and description of all of its facilities in the area of the proposed excavation or demolition. The location shall be marked by stakes, paint, flags, or…

(A) All project initiators and affected operators, excavators, and locators must comply with the provisions of this section for large projects. (B) Notwithstanding the notice timelines provided in Section 58-36-60, the project initiator or designee for a large project must provid…

(A) An excavator performing an emergency excavation or demolition is exempt from the notice requirements in Section 58-36-60. However, the excavator must, as soon as practicable, provide notice of the emergency to the notification center and oral notice to any affected facility o…

(A) The excavator performing an excavation or demolition that results in any damage to a facility must, immediately report the location and nature of the damage to the notification center and to the facility operator, if known. This report must be made on a form prepared by, and …

As used in this chapter unless the context clearly requires otherwise: (1) "Demand-side activity" or "demand-side management program" means a program conducted or proposed by a producer, supplier, or distributor of energy for the reduction or more efficient use of energy requirem…

Pursuant to SECTION 58-37-140, this section expires on May 12, 2035. As used in this article: (1) "Agency" means any agency, department, board, commission, or political subdivision of this State. However, it does not include the Public Service Commission, except for Sections 58-3…

Pursuant to SECTION 58-37-140, this section expires on May 12, 2035. (A) Given the importance of sufficient, reliable, safe, and economical energy to the health, safety, and well-being of the citizens of South Carolina and to the state's economic development and prosperity, the G…

Pursuant to SECTION 58-37-140, this section expires on May 12, 2035. (A)(1) Any agency presented with an application for a permit for an energy infrastructure project shall promptly provide a public comment period if required by regulation and shall review and issue a decision on…