Title 58, Public Utilities, Services and Carriers

Notwithstanding any other provision of law, any public utility as defined in item (3) of Section 58-5-10, any telephone utility, and any electrical utility whose rates are subject to regulation by the Public Service Commission, when putting a proposed rate increase into effect un…

(A) The General Assembly finds: (1) The use of South Carolina public water impoundments for federally regulated hydroelectric projects are being endangered due to the uncontrolled growth of aquatic weeds. (2) In an effort to manage aquatic weeds in the impoundments, the Departmen…

Upon the effective date of the amendments to Section 1-1-10, which are effective January 1, 2017, the clarified North Carolina—South Carolina boundary property located in whole or in part in North Carolina immediately prior to that date and receiving utility service from a North …

(A) The commission, as constituted under law in effect before February 18, 2004, by the Governor, is reconstituted to continue in existence with the appointment and qualification of the members as prescribed in this article and with the changes in duties and powers as prescribed …

Except as specifically provided in Sections 58-5-940 and 58-27-50, all other expenses of the Public Service Commission must be borne by the public utilities subject to the commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue must a…

The appropriation for the commission's office must be advanced by the State until it has been collected from the corporations liable therefor and, when collected, must be placed in the state treasury.

Upon demand by the Office of Regulatory Staff, each state department, board, and commission, and each officer or agent of the State must furnish to the Office of Regulatory Staff, for inspection and confidential use, any record or information on file with the department, board, c…

(A) Except as otherwise provided in Chapter 9 of this title, the commission is vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable standards, classifications, regulations, practice…

No member of the General Assembly or any member of a member's law firm shall appear before the commission in any rate-fixing proceeding by representing any party in the proceeding for any purposes including political purposes, and it is the duty of the presiding commissioner or h…

In case of failure of common carriers and telephone and telegraph companies to agree, the commission must supervise and fix all agreements, contracts, rates, or the divisions thereof and regulations between or among common carriers and telephone and telegraph companies, of whatev…

The commission must promulgate regulations as necessary to effectuate the provisions of Section 58-3-170.

(A) The commission has the authority to require periodic written reports to be submitted by persons or entities subject to its jurisdiction. Such reports must relate to matters within the jurisdiction of the commission and must be filed with the commission and provided to the Off…

Pursuant to 2025 Act No. 74, SECTION 1, and 2025 Act No. 75, SECTION 1, the provisions of this section prohibiting the General Assembly from holding an election until a final determination is made by the courts regarding its review of congressional districts' compliance with subs…

The commission has the authority to initiate inspections, audits, and examinations of all persons and entities subject to its jurisdiction. Such inspections, audits, and examinations must relate to matters within the commission's jurisdiction. Notwithstanding any other provision …

While hearing cases or any other matter within the commission's jurisdiction or on other official business outside the county in which he resides, within fifty miles of his residence, a public service commissioner is entitled to a subsistence allowance in the amount of thirty-fiv…

Members of the Public Service Commission may meet together to receive technical and legal advice from the commission's staff on matters pending on the commission's docket, provided that the: (1) advice is to aid the members in carrying out their responsibilities on the commission…

One-half of all penalties and forfeitures collected from railroad, express, telegraph, and telephone companies for failure to comply with orders of the commission must be paid into the state treasury, and the other half into the county treasury of the county in which the suit is …

(A) Hearings conducted before the commission must be conducted under dignified and orderly procedures designed to protect the rights of all parties. If a commissioner is absent from or leaves the hearing for fifteen consecutive minutes or longer, the commission must recess the he…

(A) A utility, as defined in Sections 58-5-10, 58-9-10, and 58-27-10, may not submit a change request for a customer's utility service until the customer's authorization for the change is obtained by using marketing or anti-slamming guidelines approved by the appropriate federal …

No member of the General Assembly or member of his immediate family shall be elected to the commission while the member is serving in the General Assembly; nor shall a member of the General Assembly or a member of his immediate family be elected to the Public Service Commission f…

(A) As used in this section: (1) "Privately-owned industrial park" means a privately- owned tract of real property which is used solely for industrial uses, in which the provider of utility services owns or operates an industrial premises and owns or operates facilities for the p…

(A) Unless otherwise provided by law, no person may serve as a member of the commission if the commission regulates any business with which that person is associated. (B) If the commission regulates a business with which an employee of the commission is associated, the employee m…

(A) All final orders and decisions of the commission must be sufficient in detail to enable the court on appeal to determine the controverted questions presented in the proceedings and must include: (1) findings and conclusions, and the reasons or bases therefor, upon all the mat…

(A) For purposes of this section: (1) "Proceeding" means a contested case, generic proceeding, or other matter to be adjudicated, decided, or arbitrated by the commission. (2) "Person" means a party to a proceeding pending before the commission, a member of the Office of Regulato…

(A) Any party seeking remedial relief from alleged violations of Section 58-3-260 may file a complaint with the Administrative Law Court. (B) A complaint seeking sanctions must include the following: (1) the name and address of the complainant; (2) the name and address of complai…

A commissioner must not be employed or retained by a public utility for a period of at least one year following his service as a commissioner. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars o…

(A) The commissioners shall take the oath of office provided by the Constitution and the oaths prescribed by law for state officers. (B) The commissioners and commission employees are bound by the Code of Judicial Conduct, as contained in Rule 501 of the South Carolina Appellate …

The law enforcement department of the Office of Regulatory Staff shall consist of such officers, inspectors, and agents as the Executive Director of the Office of Regulatory Staff considers necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other relate…

Each inspector shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the Office of Regulatory Staff and shall be conditioned for the faithful performance of his duties, for the prompt and proper accou…

Before entering upon the duties of his office, each inspector shall take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to faithfully perform the duties of his office and to properly execute the laws of this State.

The inspectors shall possess and exercise all of the powers and authority held by constables at common law.

When acting in their official capacity, inspectors shall have statewide authority for the enforcement of all motor vehicle carrier laws and related laws.

Inspectors shall enforce the Motor Vehicle Carrier Law, and related laws and insure that all persons violating any provision of these laws are properly prosecuted.

When any person is apprehended by an inspector upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure shall be followed: (1) The person being charged shall be served by the arresting inspector with an official summons and arrest report. …

(A) The commission must elect one of its members as chairman for a period of two years. (B) The chairman is the chief executive and administrative officer of the commission. (C)(1) Upon the request of any party or any commissioner, the commission may employ a hearing officer who …

As used in this chapter: (1) "Business with which he is associated" means a business of which the person or a member of his immediate family is a director, an officer, owner, employee, a compensated agent, or holder of stock. (2) "Immediate family" means an individual who is: (a)…

The clerk of the commission may administer oaths.

There is hereby established a committee to be known as the State Regulation of Public Utilities Review Committee, hereinafter called the review committee, which must exercise the powers and fulfill the duties described in this article.

(A) The review committee shall be composed of ten members, three of whom shall be members of the House of Representatives, including the Chairman of the Labor, Commerce and Industry Committee, or his designee, three of whom shall be members of the Senate, including the Chairman o…

The review committee has the following powers and duties: (1) to nominate: (a) no more than three candidates for each seat on the Public Service Commission to be elected by the General Assembly. In order to be nominated, a candidate must be found qualified by meeting the requirem…

(A) The review committee members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid from the general fund of the S…

(A) The review committee must use clerical and professional employees of the General Assembly for its staff, who must be made available to the review committee. (B) The review committee may employ or retain other professional staff, upon the determination of the necessity for oth…

(A) Whenever an election is to be held by the General Assembly in joint session to elect a person to serve on the commission, the review committee must conduct its screening pursuant to the provisions of Section 2-20-10, et seq.; however, Section 2-20-40 is not applicable to a sc…

The review committee may conduct a comprehensive study of other states' commissions' structures, responsibilities, qualifications, and compensation. The review committee may prepare and deliver this report along with its recommendations to the General Assembly on or before Januar…

The review committee must allocate personal service positions and other appropriations within the commission to either the commission or the Office of Regulatory Staff. The review committee must organize appropriate divisions within the commission and, as submitted by the executi…

(A) The commission is authorized and empowered to employ: a chief clerk and deputy clerk; a commission attorney and assistant commission attorneys; hearing officers; hearing reporters; and such other professional, administrative, technical, and clerical personnel as the commissio…