Indicates Matter Stricken s13

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 May 3, 2006 6 7 S. 1082 8 9 Introduced by Senators Moore, Rankin, Alexander and McConnell 10 11 S. Printed 5/3/06--H. 12 Read the first time February 23, 2006. 13 14 15 THE COMMITTEE ON 16 LABOR, COMMERCE AND INDUSTRY 17 To whom was referred a Bill (S. 1082) to amend Sections 18 58-3-100 and 58-3-240, both as amended; Sections 58-3-310 and 19 58-3-320; Sections 58-5-10, 58-5-30, and 58-5-40, all as amended, 20 etc., respectfully 21 REPORT: 22 That they have duly and carefully considered the same and 23 recommend that the same do pass: 24 25 HARRY F. CATO for Committee. 26

1 [1082-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS 12 AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 13 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; 14 SECTIONS 58-5-220, AND 58-5-230; SECTION 58-5-240, AS 15 AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 16 58-5-340, 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH 17 AS AMENDED; SECTIONS 58-5-730, 58-5-920, 58-5-930; 18 SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 19 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 20 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; 21 SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; 22 SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 23 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 24 58-9-340, 58-9-370, 58-9-380, 58-9-390, 58-9-510; SECTION 25 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 26 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; 27 ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 28 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 29 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 30 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 31 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS 32 AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS 33 AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 34 58-11-10 AND 58-11-30; SECTIONS 58-11-60, 58-11-70, BOTH 35 AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 36 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 37 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 38 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 39 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 40 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 41 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 42 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190,

1 [1082] 1 1 58-17-200, 58-17-320, 58-17-930, 58-17-940, AND 58-17-1320; 2 ARTICLE 13, CHAPTER 17, TITLE 58; 58-17-1850, 3 58-17-1900, 58-17-1910, 58-17-2000, 58-17-2030, 58-17-2090, 4 58-17-2350, 58-17-2680, 58-17-3030, 58-17-3080, 58-17-3090, 5 58-17-3120, 58-17-3310, 58-17-3350, 58-17-3360, 58-17-3410, 6 58-17-3440, 58-17-3450, 58-17-3460, 58-17-3930, 58-17-3940, 7 58-17-3980, 58-17-4140, 58-17-4170, 58-23-10, AND 58-23-40; 8 ARTICLE 3, CHAPTER 23, TITLE 58; SECTION 58-23-510; 9 SECTIONS 58-23-530, 58-23-550, 58-23-560, 58-23-590, 10 58-23-630, 58-23-910, AND 58-23-1010, ALL AS AMENDED; 11 SECTIONS 58-23-1080 AND 58-23-1090; ARTICLE 12, 12 CHAPTER 23, TITLE 58; SECTIONS 58-27-10 AND 58-27-40; 13 SECTION 58-27-50, AS AMENDED; SECTIONS 58-27-70, 14 58-27-140, 58-27-160, 58-27-170, 58-27-180, 58-27-190, 15 58-27-200, 58-27-210, 58-27-220, AND 58-27-430; SECTION 16 58-27-650, AS AMENDED; SECTIONS 58-27-660, 58-27-820, 17 58-27-850; SECTIONS 58-27-860, 58-27-865, AND 58-27-870, 18 ALL AS AMENDED; SECTIONS 58-27-920 AND 58-27-930; 19 SECTION 58-27-940, AS AMENDED; SECTIONS 58-27-950, 20 58-27-960, 58-27-1210, 58-27-1240, 58-27-1260, AND 21 58-27-1270; SECTION 58-27-1280, AS AMENDED; SECTION 22 58-27-1290; SECTION 58-27-1300, AS AMENDED; SECTIONS 23 58-27-1330 AND 58-27-1340; SECTION 58-27-1360, AS 24 AMENDED; SECTIONS 58-27-1520, 58-27-1540, 58-27-1550, 25 58-27-1560, 58-27-1570, 58-27-1590, 58-27-1720, 58-27-1730, 26 58-27-1920, 58-27-1940, 58-27-1950, 58-27-1970, 58-27-1990, 27 58-27-2000, 58-27-2010, 58-27-2020, 58-27-2030, 58-27-2040, 28 58-27-2050, 58-27-2060, AND 58-27-2070; SECTION 29 58-27-2090, AS AMENDED; SECTIONS 58-27-2130, 30 58-27-2310, 58-27-2330, 58-27-2440, 58-31-380, 58-33-10, 31 58-33-20, AND 58-33-120; SECTION 58-33-140, AS 32 AMENDED; SECTIONS 58-33-310, 58-33-320, 58-33-420, AND 33 58-33-430; SECTION 58-35-70, AS AMENDED; SECTION 34 44-55-120; SECTIONS 48-46-40 AND 48-52-440, AS 35 AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 36 ALL RELATING TO VARIOUS POWERS, DUTIES, AND 37 FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO 38 AS TO CONFORM THESE PROVISIONS TO ACT 175 OF 39 2004, WHICH CREATED THE OFFICE OF REGULATORY 40 STAFF AND WHICH, AMONG OTHER THINGS, DEVOLVED 41 CERTAIN POWERS, DUTIES, AND FUNCTIONS OF THE 42 COMMISSION UPON THIS OFFICE AND WHICH PROVIDED 43 FOR CERTAIN SHARED RESPONSIBILITIES BETWEEN

1 [1082] 2 1 THE COMMISSION AND THIS OFFICE, AND IN 2 CONFORMING THE PROVISIONS CONTAINED IN THIS 3 ACT WITH ACT 175 OF 2004, TO FURTHER CLARIFY AND 4 SPECIFY THE POWERS, DUTIES, AND RESPONSIBILITIES 5 OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE 6 OF REGULATORY STAFF; AND TO REPEAL SECTIONS 7 58-5-280, 58-9-840, 58-11-590, AND 58-27-60, RELATING TO 8 CERTAIN POWERS OF THE PUBLIC SERVICE 9 COMMISSION. 10 11 Be it enacted by the General Assembly of the State of South 12 Carolina: 13 14 SECTION 1. Section 58-3-100 of the 1976 Code, as last amended 15 by Act 175 of 2004, is further amended to read: 16 17 “Section 58-3-100. The expenses of the Transportation 18 Department of the Public Service Commission, with the exception 19 of the expenses incurred in its railway jurisdiction, must be borne 20 by the revenues from license fees derived pursuant to Sections 21 58-23-530 through 58-23-630 and assessments to the carriers of 22 household goods and hazardous waste for disposal carriers. The 23 expenses of the railway section of the Public Service Commission 24 must be borne by the railroad companies subject to the Public 25 Service Commission’s jurisdiction according to their gross income 26 from operations in this State. 27 Except as specifically provided above, in Sections 58-5-940 and 28 58-27-50, all other expenses of the Public Service Commission 29 must be borne by the public utilities subject to the commission’s 30 jurisdiction. On or before the first day of July in each year, the 31 Department of Revenue must assess each public utility, railway 32 company, household goods carrier, and hazardous waste for 33 disposal carrier its proportion of the expenses in proportion to its 34 gross income from operation in this State in the year ending on the 35 thirtieth day of June preceding that on which the assessment is 36 made which is due and payable on or before July fifteenth. The 37 assessments must be charged against the companies by the 38 Department of Revenue and collected by the department in the 39 manner provided by law for the collection of taxes from the 40 companies including the enforcement and collection provisions of 41 Article 1, Chapter 54 of Title 12 and paid, less the department 42 actual incremental increase in the cost of administration into the 43 state treasury as other taxes collected by the department.

1 [1082] 3 1 The commission must certify to the South Carolina Department 2 of Revenue annually, but no later than May first, the amounts to be 3 assessed. 4 The commission shall operate as an other-funded agency.” 5 6 SECTION 2. Section 58-3-240(C) of 1976 Code, as last amended 7 by Act 175 of 2004, is further amended to read: 8 9 “(C) Within twenty days after the execution of a written 10 agreement between a provider of utility services and an industrial 11 user pursuant to subsection (B), the provider of utility services 12 must file with the commission and provide to the Office of 13 Regulatory Staff, for information only, the written agreement and 14 all waivers executed by jurisdictional utilities pursuant to 15 subsection (B).” 16 17 SECTION 3. Section 58-3-310 of the 1976 Code, as added by Act 18 90 of 1977, is amended to read: 19 20 “Section 58-3-310. The law enforcement department of the 21 Public Service Commission Office of Regulatory Staff shall 22 consist of such officers, inspectors and agents as the commission 23 may deem the Executive Director of the Office of Regulatory Staff 24 considers necessary and proper for the enforcement of the Motor 25 Vehicle Carrier Law and other related laws, the enforcement of 26 which is devolved upon the department. The title of such officers, 27 inspectors and agents shall be ‘Transportation Division 28 Inspectors’. The inspectors shall be commissioned by the 29 Governor upon the recommendation of the commission Executive 30 Director of the Office of Regulatory Staff. The commission 31 Executive Director of the Office of Regulatory Staff may remove 32 an inspector if it he finds that he the inspector is unfit for the 33 position.” 34 35 SECTION 4. Section 58-3-320 of the 1976 Code, as added by Act 36 90 of 1977 is amended to read: 37 38 “Section 58-3-320. Each inspector shall execute a bond with a 39 licensed surety company in the amount of not less than ten 40 thousand dollars. The bond shall be filed with the commission 41 Office of Regulatory Staff and shall be conditioned for the faithful 42 performance of his duties, for the prompt and proper accounting of 43 funds coming into his hands and for the payment of any judgment

1 [1082] 4 1 rendered against him in any court of competent jurisdiction upon a 2 cause of action arising out of breach or abuse of official duty or 3 power and damages sustained by any member of the public from 4 any unlawful act of the inspector. The coverage under the bond 5 shall not include damage to persons or property arising out of the 6 negligent operation of a motor vehicle. The bond may be 7 individual, schedule or blanket, and shall be approved by the 8 Attorney General. The premiums on the bonds shall be paid by the 9 commission the Office of Regulatory Staff from appropriated 10 funds.” 11 12 SECTION 5. Section 58-5-10 of the 1976 Code, as last amended 13 by Act 389 of 1994, is further amended to read: 14 15 “Section 58-5-10. When used in Articles 1, 3 and 5 of this 16 chapter: 17 (1) The term ‘commission’ means the Public Service 18 Commission. 19 (2) The term ‘corporation’ includes joint stock companies, 20 corporations, associations and commissions and boards, whether 21 public or private, having any powers or privileges not possessed by 22 individuals or partnerships;. 23 (23) The term ‘person’ includes an individual, a firm and a 24 copartnership;. 25 (34) The term ‘public utility’ includes every corporation and 26 person delivering natural gas distributed or transported by pipe, 27 and every corporation and person furnishing or supplying in any 28 manner heat (other than by means of electricity), water, sewerage 29 collection, sewerage disposal, and street railway service, or any of 30 them, to the public, or any portion thereof, for compensation; 31 provided, however, that a corporation or person furnishing, 32 supplying, marketing, and/or selling natural gas at the retail level 33 for use as a fuel in self-propelled vehicles shall not be considered a 34 public utility by virtue of the furnishing, supplying, marketing, 35 and/or selling of such natural gas; and. 36 (45) The term ‘public or any portion thereof’ means the public 37 generally, or any limited portion of the public, including a person, 38 private corporation, municipality, or any political subdivision of 39 the State for which the service is performed or to which the 40 commodity is delivered and whenever such corporation or person 41 performs a service or delivers a commodity to the public, or any 42 portion thereof, for which compensation is required such 43 corporation or person is hereby declared to be a public utility

1 [1082] 5 1 subject to the jurisdiction and regulation of the Public Service 2 Commission , the Office of Regulatory Staff, and the provisions of 3 Articles 1, 3 and 5 of this chapter to the extent of its activities 4 within the State. 5 (6) The term ‘regulatory staff’ means the executive director or 6 the executive director and employees of the Office of Regulatory 7 Staff.” 8 9 SECTION 6. Section 58-5-30 of the 1976 Code, as last amended 10 by Act 360 of 2002, is further amended to read: 11 12 “Section 58-5-30. Except as provided in Article 23, Chapter 9 13 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter 14 shall give the commission or the regulatory staff any power to 15 regulate or interfere with public utilities owned or operated by or 16 on behalf of any municipality or regional transportation authority 17 as defined in Chapter 25 of this title or their agencies.” 18 19 SECTION 7. Section 58-5-40 of the 1976 Code, as amended by 20 Act 556 of 1976, is further amended to read: 21 22 “Section 58-5-40. Any water supplier who sells water 23 wholesale to a municipality and any supplier of water-borne waste 24 disposal services who renders such services on a wholesale basis to 25 a municipality shall not be under the jurisdiction of the South 26 Carolina Public Service Commission or the Office of Regulatory 27 Staff as to such sale of water or services.” 28 29 SECTION 8. Section 58-5-220 of the 1976 Code is amended to 30 read: 31 32 “Section 58-5-220. The Commission Office of Regulatory Staff 33 may, in its discretion, subject to approval of the commission: 34 (a) establish a standardized system of accounts to be kept by 35 the public utilities subject to its jurisdiction,; 36 (b) classify such public utilities and establish a standardized 37 system of accounts for each class; and 38 (c) prescribe the manner in which such accounts shall be kept. 39 Any order hereunder shall take effect at the beginning of the 40 fiscal year of the public utilities affected on not less than three 41 months’ notice thereof.” 42 SECTION 9. Section 58-5-230 of the 1976 Code is amended to 43 read:

1 [1082] 6 1 2 “Section 58-5-230. The books and accounts of all public utilities 3 shall be subject to the examination of the Commission regulatory 4 staff at any time, but no examination shall be made by any agent or 5 employee of the said Commission unless authorized so to do by an 6 order of the Commission.” 7 8 SECTION 10. Section 58-5-240(A) and (F) of the 1976 Code, as 9 last amended by Act 184 of 1989, is further amended to read: 10 11 “Section 58-5-240. (A) Whenever a public utility desires to put 12 into operation a new rate, toll, rental, charge or classification or a 13 new regulation, it shall give to the commission and the regulatory 14 staff not less than thirty days’ notice of its intention to file and 15 shall, after the expiration of the notice period, then file with the 16 commission and provide to the regulatory staff a schedule setting 17 forth the proposed changes. Subject to the provisions of 18 subsections (D) and (E) of this section, the proposed changes must 19 not be put into effect in full or in part until approved by the 20 Commission commission. 21 (F) After the date the schedule is filed with the commission and 22 provided to the Office of Regulatory Staff, no further rate change 23 request under this section may be filed until twelve months have 24 elapsed from the date of the filing of the schedule; provided, 25 however, this section shall not apply to a request for a rate 26 reduction.” 27 28 SECTION 11. Section 58-5-270 of the 1976 Code is amended to 29 read: 30 31 “Section 58-5-270. Applications and complaints may be made 32 by any corporation, public or private, person, chamber of 33 commerce or board of trade, by any civic, commercial, mercantile, 34 traffic, agricultural or manufacturing association or by any body 35 politic, commission, board or municipal corporation by petition or 36 complaint in writing, setting forth any act or thing done, or omitted 37 to be done, with respect to which, under the provisions of Articles 38 1, 3 and 5 of this chapter, the Commission commission has 39 jurisdiction or is alleged to have jurisdiction. Individual consumer 40 complaints must be filed with the Office of Regulatory Staff which 41 has the responsibility of mediating consumer complaints under the 42 provisions of Articles 1, 3, and 5. If a complaint is not resolved to 43 the satisfaction of the complainant, the complainant may request a

1 [1082] 7 1 hearing before the commission. The commission has jurisdiction 2 to hear complaints regarding the reasonableness of any rates or 3 charges that affect the general body of ratepayers; but the 4 commission may at its discretion refuse to entertain a complaint 5 petition as to the reasonableness of any rates or charges unless it be 6 signed by the mayor or the president or chairman of the board of 7 trustees or a majority of the council, commission or other 8 legislative body of the city or county or city or town affected by 9 the subject matter of such complaint or by not less than 10 twenty-five consumers of the public utility named in the 11 complaint. Any public utility shall have the right to petition or 12 complain to the Commission commission on any of the grounds 13 upon which complaints and petitions are allowed to be filed by 14 other parties, including the fairness, reasonableness or sufficiency 15 of any schedule, classification, rate, price, charge, fare, toll, rental, 16 rule, regulation, service or facility of such public utility and in 17 such event the same procedure shall be adopted and followed as in 18 other cases or the complaint may be served upon any parties 19 designated by the Commission.” 20 21 SECTION 12. Section 58-5-300 of the 1976 Code is amended to 22 read: 23 24 “Section 58-5-300. In connection with a determination under 25 Section 58-5-290 the commission may consider all facts which in 26 its judgment have a bearing upon a proper determination of the 27 question, although not set forth in the complaint or application and 28 not within the allegations contained therein.” 29 30 SECTION 13. Section 58-5-310 of the 1976 Code is amended to 31 read: 32 33 “Section 58-5-310. The commission shall cause a record to be 34 kept of all proceedings had before it on any formal investigation 35 and all testimony shall be taken down by a competent 36 stenographer, designated by the Commission commission, and a 37 copy or transcript thereof, verified by the oath of such 38 stenographer, shall be furnished on terms fixed by the commission 39 to parties desiring it and shall be received in evidence with the 40 same effect as if such stenographer were present and testified 41 thereto.” 42 SECTION 14. Section 58-5-320 of the 1976 Code is amended to 43 read:

1 [1082] 8 1 2 “Section 58-5-320. The commission may, at any time, upon 3 notice and opportunity to the public utility affected and the 4 regulatory staff to be heard, rescind, alter or amend any order or 5 decision made by it. Any order rescinding, altering or amending a 6 prior order or decision shall, when served upon the public utility 7 affected, have the same effect as is herein provided for original 8 orders or decisions.” 9 10 SECTION 15. Section 58-5-340 of the 1976 Code is amended to 11 read: 12 13 “Section 58-5-340. Decisions of the Commission commission 14 may be reviewed by the court of common pleas in accordance with 15 Section 1 - 23 - 380 upon questions of both law and fact, as herein 16 provided. Within thirty days after the application for a rehearing is 17 denied or, if the application is granted, within thirty days after the 18 rendition of the decision on rehearing the applicant, the aggrieved 19 party may commence an action in the court of common pleas for 20 Richland County against the Commission as defendant to vacate or 21 set aside any such order of the Commission commission or enjoin 22 the enforcement thereof on the ground that the authorization, 23 consent, rate or rates, charges, fares, tolls and schedules fixed in 24 such order are insufficient, unreasonable, unjust or unlawful or that 25 any such regulation, practice, act or service fixed in such manner is 26 unreasonable, unjust, insufficient or unlawful. The commission 27 must not be a party to the action. 28 In any such action a copy of the complaint shall be served with 29 the summons and no order of determination of the Commission 30 commission reducing any rate, fare, charge or toll shall be in force 31 during the pendency of such action if the utility affected shall 32 execute and file with the clerk of said court a bond undertaking in 33 such sum as the court shall prescribe, and to be approved by the 34 court, conditioned to secure the refund to customers of any sums 35 that may be collected in excess of the rates, fares, charges or tolls 36 that shall be finally adjudged to be lawful and valid.” 37 38 SECTION 16. Section 58-5-350 of the 1976 Code is amended to 39 read: 40 41 “Section 58-5-350. In any action to review any order or decision 42 of the Commission commission, a transcript of the testimony 43 taken, together with all exhibits or copies thereof introduced, and

1 [1082] 9 1 of the pleadings, records, proceedings and orders in the case, 2 which shall be accompanied by any opinion or memorandum of 3 the Commission commission concerning it, shall constitute the 4 record of the Commission commission on the review, except that 5 on review of an order or decision of the Commission commission 6 the parties interested in the result and the Commission may 7 stipulate that a certain question or questions alone and specified 8 portion only of the evidence shall be certified to the court for its 9 judgment, whereupon such stipulation and the question or 10 questions and the evidence therein specified shall constitute the 11 record for review.” 12 13 SECTION 17. Section 58-5-710 of the 1976 Code, as amended 14 by Act 22 of 1999, is further amended to read: 15 16 “Section 58-5-710. The Public Service Commission, upon 17 petition by any interested party, shall have the right to require any 18 person or corporation, as defined in Section 58-5-10, operating a 19 water or sewer utility system for which prior consent or approval 20 by the commission is required to appear before the commission on 21 proper notice and show cause why that utility should not be 22 required to take steps as are necessary to provide adequate and 23 proper service to its customers. If the commission upon hearing 24 determines that the service is not being provided, it shall issue an 25 order requiring the utility to take steps as are necessary to the 26 provision of the service within a reasonable time as prescribed by 27 the commission. Upon failure of the utility to provide the service 28 within the time prescribed without cause or excuse, as shall be 29 determined by the commission, the commission shall impose a 30 penalty or fine against the utility in an amount not less than one 31 hundred dollars per day but not more than one thousand dollars per 32 day. Each day the failure or noncompliance continues shall be 33 considered a separate and distinct breach or violation of the order. 34 Any fine or penalty so imposed or assessed by the commission, 35 upon proper filing in the appropriate county office or offices, 36 constitutes a lien upon the properties and assets of the utility in like 37 manner and form as any other judgment at law. Any fine or 38 penalty so imposed by the commission shall go into the general 39 fund of the State, unless otherwise provided by law.” 40 SECTION 18. Section 58-5-720 of the 1976 Code, as last 41 amended by Act 22 of 1999, is further amended to read: 42

1 [1082] 10 1 “Section 58-5-720. The commission shall, before the granting of 2 authority or consent to any water or sewer utility regulated by the 3 commission, for the construction, operation, maintenance, 4 acquisition, expansion, or improvement of any facility or system, 5 prescribe as a condition to the consent or approval that the utility 6 shall: 7 (1) file with the commission a bond with sufficient surety, as 8 approved by the commission, in an amount not less than one 9 hundred thousand dollars and not more than three hundred fifty 10 thousand dollars payable to the commission and conditioned upon 11 the provision by the utility of adequate and sufficient service 12 within its service area and provide a copy of the bond to the Office 13 of Regulatory Staff; or 14 (2) deliver to the commission certificates of deposit, with 15 endorsements as required by the commission, of federal or state 16 chartered banks or savings and loan associations who maintain an 17 office in this State and whose accounts are insured by either the 18 Federal Deposit Insurance Corporation or the Federal Savings and 19 Loan Insurance Corporation. The certificates of deposit shall not 20 exceed the amount covered by insurance. The commission has the 21 right, upon notice and hearing, to declare all or any part of the 22 bond or certificate of deposit forfeited upon a determination by the 23 commission that the utility failed to provide service without just 24 cause or excuse and that this failure has continued for an 25 unreasonable length of time. A further condition of the bond or 26 certificate of deposit shall be the provision for payment to the 27 commission of any fine or penalty imposed or assessed by the 28 commission against the utility under the provisions of Section 29 58-5-710.” 30 31 SECTION 19. Section 58-5-730 of the 1976 Code is amended to 32 read: 33 34 “If the commission shall, after notice and hearing, determine 35 determines that a utility subject to the regulations of the 36 Commission commission has willfully wilfully failed to provide 37 adequate and sufficient service for an unreasonable length of time 38 and that it is likely to continue such failure to the detriment of the 39 public served by the utility, or if the commission shall determine 40 after notice and hearing, that adequate and sufficient service is not 41 being provided by such utility and that such utility is unable to 42 provide such service for any reason the Commission Office of 43 Regulatory Staff shall have the right to petition the court of

1 [1082] 11 1 common pleas for the county wherein the utility shall have its 2 principal office or place of business for the appointment of a 3 receiver to assume possession of the facilities and system and to 4 operate such utility upon such terms and conditions as the court 5 shall prescribe. The court shall require as a condition to the 6 appointment of such receiver that a sufficient bond be given by the 7 receiver and conditioned upon his compliance with the orders of 8 the court and the protection of all property rights involved. The 9 court shall have the right to provide for disposition of the facilities 10 and system in like manner as any other receivership proceeding in 11 this State.” 12 13 SECTION 20. Section 58-5-920(j) of the 1976 Code is amended 14 to read: 15 16 “(j) The term ‘regulatory staff’ means the executive director or 17 the executive director and the employees of the Office of 18 Regulatory Staff. 19 (k) The term ‘transportation of gas’ when used in this article 20 means the gathering, transmission, distribution and storage of gas.” 21 22 SECTION 21. Section 58-5-930 of the 1976 Code is amended to 23 read: 24 25 “Section 58-5-930. Each gas utility shall obey and comply with 26 each and every requirement of every lawful order, decision, 27 direction, rule, or regulation made or prescribed by the 28 commission and every direction, rule, or regulation made or 29 prescribed by the Office of Regulatory Staff in the performance of 30 its duties under this article in relation to Federal safety standards 31 and it shall do everything reasonably necessary or proper in order 32 to secure compliance with and observance of every such order, 33 decision, direction, rule, or regulation by all of its officers, agents 34 and employees.” 35 36 SECTION 22. Section 58-5-940 of the 1976 Code, as amended 37 by Act 331 of 1982, is further amended to read: 38 39 “Section 58-5-940. All lawful expenses and charges incurred by 40 the commission and the Office of Regulatory Staff in the 41 administration of this chapter and in performance of its duties 42 thereunder shall be defrayed by assessments made by the 43 Comptroller General against the gas utilities regulated thereunder

1 [1082] 12 1 and based upon the gross revenues collected by the gas utilities 2 from their business done wholly within this State in the manner set 3 out in Section 58-3-100 for other corporations; provided, 4 however, the assessments against municipalities, gas authorities, 5 public service districts or other political subdivisions of the State 6 shall be applicable only to expenses and charges incurred in the 7 administration and enforcement of the provisions of this article 8 relating to gas safety requirements. 9 The Public Service Commission and the Office of Regulatory 10 Staff shall certify to the Comptroller General annually on or before 11 August first the amounts to be assessed in the format approved by 12 the Comptroller General.” 13 14 SECTION 23. Section 58-5-950 of the 1976 Code is amended to 15 read: 16 17 “Section 58-5-950. The commission and the Office of 18 Regulatory Staff may employ such technical administrative and 19 clerical staff as may be required to carry out the provisions of this 20 article and to perform the duties and exercise the powers conferred 21 upon it by this article in relation to gas utilities. The Attorney 22 General Office of Regulatory Staff shall institute and defend all 23 suits or actions arising under this chapter.” 24 25 SECTION 24. Section 58-5-960 of the 1976 Code is amended 26 to read: 27 28 “Section 58-5-960. All pipeline facilities used in this State for 29 the transportation of gas shall must be constructed, operated and 30 maintained in such a manner as at all times to be in compliance 31 with minimum Federal federal safety standards and with the safety 32 standards adopted by the commission.” 33 34 SECTION 25. Section 58-5-970 of the 1976 Code is amended to 35 read: 36 37 “The Commission Office of Regulatory Staff is authorized to 38 adopt and enforce the minimum Federal safety standards for the 39 transportation of gas and pipeline facilities established by the 40 Secretary of Transportation pursuant to Section 3 (b) of the Natural 41 Gas Pipeline Safety Act of 1968 (P.L. 90-481) [49 U.S.C. Section 42 1672 (b)], as may be amended from time to time.” 43

1 [1082] 13 1 SECTION 26. Section 58-5-980(a) of the 1976 Code is amended 2 to read: 3 4 “Section 58-5-980. (a) After reasonable notice and an 5 opportunity for the submission for written data, view or arguments 6 with or without opportunity for oral presentation by interested gas 7 utilities, the regulatory staff, and the public, the commission may 8 establish additional minimum safety standards for pipeline 9 facilities and the transportation of gas (not subject to the 10 jurisdiction of the Federal Power Commission under the Natural 11 Gas Act) in this State.” 12 13 SECTION 27. Section 58-5-990 of the 1976 Code is amended to 14 read: 15 16 “Section 58-5-990. Any gas utility which is or will be adversely 17 affected by any rule or order of the Commission commission 18 adopted or established pursuant to this article may file an 19 application for rehearing and thereafter may seek judicial review in 20 accordance with provisions of Sections 58-5-340 to 58-5-360. The 21 commission must not be named a party to any action.” 22 23 SECTION 28. Section 58-5-1000(a) and (b) of the 1976 Code is 24 amended to read: 25 26 “Section 58-5-1000. (a) Each gas utility that engages in the 27 transportation of gas or which owns or operates pipeline facilities 28 not subject to the jurisdiction of the Federal Power Commission 29 under the Natural Gas Act shall file with the Commission Office of 30 Regulatory Staff a plan for inspection and maintenance of each 31 pipeline facility owned or operated by the gas utility, and any 32 changes in the plan, in accordance with regulations prescribed by 33 the Commission commission. 34 (b) The Commission commission may by regulation also 35 require any gas utility which engages in the transportation of gas 36 or which owns or operates pipeline facilities subject to the 37 provisions of this article to file its plan for approval with the Office 38 of Regulatory Staff.” 39 40 SECTION 29. Section 58-5-1010 of the 1976 Code is amended 41 to read: 42

1 [1082] 14 1 “Section 58-5-1010. (a) Each gas utility which engages in the 2 transportation of gas or which owns or operates pipeline facilities 3 shall establish and maintain such records, make such reports and 4 provide such information as the Commission Office of Regulatory 5 Staff may reasonably require to enable it to determine whether the 6 utility has acted or is acting in compliance with the standards 7 established under this article. 8 (b) Each utility shall, upon request of any officer, employee or 9 agent authorized by the Commission, permit the an officer, 10 employee, or agent of the Office of Regulatory Staff to inspect 11 books, papers, records and documents relevant to determining 12 whether the utility has acted or is acting in compliance with the 13 standards established pursuant to this article. 14 (c) The Commission is authorized to Office of Regulatory 15 Staff may conduct such other relevant inspection and investigation 16 as may be necessary to aid in the enforcement of the standards 17 established pursuant to this article. The Commission shall furnish 18 the Attorney General any information obtained indicating 19 noncompliance with such standards for appropriate action. For 20 purposes of enforcement of this article, officers, employees or 21 agents of the Office of Regulatory Staff authorized by the 22 Commission upon presenting appropriate credential credentials to 23 the individual in charge are authorized (1) to enter upon, at 24 reasonable times, pipeline facilities, and (2) to inspect, at 25 reasonable times and within reasonable limits and in a reasonable 26 manner the facilities. Each inspection shall be commenced and 27 completed with reasonable promptness. 28 (d) Accident reports made by any officer, employee or agent of 29 the Commission Office of Regulatory Staff shall be available for 30 use, but not admissible into evidence, in any civil, criminal or 31 other judicial proceeding arising out of an accident. Any officer, 32 employee or agent may be required to testify in such proceedings 33 as to the facts developed in the investigations, but no officer, 34 employee or agent shall give opinion testimony or otherwise 35 testify as to the ultimate fact in any civil, criminal or other judicial 36 proceeding out of the accident, except in a proceeding or action 37 between the Commission Office of Regulatory Staff and a gas 38 utility. Any report shall be made available to the public in a 39 manner which need not identify individuals. All reports on 40 research projects, demonstration projects and other related 41 activities shall be public information. 42 (e) All information reported to or otherwise obtained by the 43 commission, the Office of Regulatory Staff, or its representative

1 [1082] 15 1 their representatives pursuant to subsection (a), (b) or (c), which 2 information contains or relates to a trade secret, shall be 3 considered confidential, except that such information may be 4 disclosed to other officers or employees concerned with carrying 5 out this article or when relevant in any proceeding under this 6 article. Nothing in this section shall authorize the withholding of 7 information by the commission, the Office of Regulatory Staff, or 8 any officer, employee or agent under its control from the duly 9 authorized committees of the State state legislature.” 10 11 SECTION 30. Section 58-5-1040(a) of the 1976 Code is 12 amended to read: 13 14 “Section 58-5-1040. (a) The court of common pleas shall 15 have jurisdiction to restrain violations of this article (including the 16 restraining of transportation of gas or the operation of a pipeline 17 facility) or to enforce standards established hereunder upon 18 petition by the Attorney General on behalf of the Commission 19 Office of Regulatory Staff. Whenever practicable, the 20 Commission Office of Regulatory Staff shall give notice to any gas 21 utility against which an action for injunctive relief is contemplated 22 and afford it an opportunity to present its views, and, except in the 23 case of a knowing and willful violation, shall afford it reasonable 24 opportunity to achieve compliance. The failure to give notice and 25 afford an opportunity to achieve compliance shall not preclude the 26 granting of appropriate relief.” 27 28 SECTION 31. Section 58-5-1050 of the 1976 Code is amended 29 to read: 30 31 “Section 58-5-1050. (a) As soon as practicable after April 23, 32 1970, and every year thereafter, the Commission Office of 33 Regulatory Staff shall submit an annual certification to the 34 Secretary of the Department of Transportation as provided for in 35 Section 5 (a) of the Natural Gas Pipeline Safety Act of 1968 (P.L. 36 90-481) [49 U.S.C. Section 1674 (a)], as may be amended from 37 time to time. 38 (b) In the event that a new or amended Federal federal safety 39 standard is adopted, the Commission Office of Regulatory Staff 40 shall submit an appropriate certification to comply with Section 5 41 (d) of the Natural Gas Pipeline Safety Act of 1968 [P.L. 90-481, 42 49 U.S.C. Section 1674 (d)].

1 [1082] 16 1 (c) The Commission Office of Regulatory Staff is further 2 empowered to make and to provide certifications, reports and 3 information to the Secretary of the United States Department of 4 Transportation or any other regulatory agency of the United States 5 having jurisdiction over Federal federal safety standards; to enter 6 into agreements with the Secretary to carry out the purposes of this 7 article; to enforce Federal federal safety standards in the State in 8 lieu of enforcement by the Department of Transportation as 9 permitted by the Natural Gas Pipeline Safety Act of 1968, as may 10 be amended from time to time; and to exercise regulatory 11 jurisdiction over the safety of pipeline systems and the 12 transportation of gas as permitted by the Natural Gas Pipeline 13 Safety Act of 1968, as may be amended from time to time.” 14 15 SECTION 32. Section 58-9-10 of the 1976 Code, as last 16 amended by Act 6 of 2003, is further amended by adding at the 17 end: 18 19 “(18) The term ‘regulatory staff’ means the executive director 20 or the executive director and the employees of the Office of 21 Regulatory Staff.” 22 23 SECTION 33. Section 58-9-230(C) of the 1976 Code, as 24 amended by Act 537 of 1988, is further amended to read: 25 26 “(C) The charges for services offered by the utility pursuant to 27 subsection (B) must, in every instance, be provided at a level 28 above the cost of the service as determined by the commission. 29 The Commission, and its staff regulatory staff shall have access to 30 such data to insure ensure compliance with this section. Upon 31 request of the South Carolina Department of Consumer Affairs the 32 utility shall make available to the Consumer Advocate all cost data 33 for the charges for services offered by the utility pursuant to 34 subsection (B). The cost data is not subject to disclosure to the 35 public. However, upon the application of any interested party and 36 for good cause shown, the commission may enter an appropriate 37 order which directs the manner in which the proprietary cost data 38 provided to the Commission and the Consumer Advocate 39 regulatory staff may be made available to such interested party.” 40 SECTION 34. Section 58-9-270 of the 1976 Code is amended to 41 read: 42

1 [1082] 17 1 “Section 58-9-270. When ordered by the Commission 2 commission after notice to other interested telephone utilities and 3 the public and due hearing any telephone utility may be required to 4 establish, construct, maintain and operate any reasonable extension 5 of its existing facilities. If any such extension, however, by any 6 telephone utility of its existing facilities will interfere with the 7 service or system of any other telephone utility, the Commission 8 commission may on complaint petition and after hearing either 9 order the discontinuance of such extension or prescribe such terms 10 and conditions with respect thereto as may be just and reasonable.” 11 12 SECTION 35. Section 58-9-280 of the 1976 Code, as last 13 amended by Act 5 of 2005, is further amended to read: 14 15 “Section 58-9-280. (A) No telephone utility shall begin the 16 construction or operation of any telephone utility plant or system, 17 or of any extension thereof, except those ordered by the 18 commission under the provisions of Section 58-9-270, without first 19 obtaining from the commission a certificate that public 20 convenience and necessity require or will require such construction 21 or operation. But this section shall not be construed to require any 22 telephone utility to secure a certificate for any extension within 23 any municipality or district within which it had lawfully 24 commenced operations on June 16, 1950, or for an extension 25 within or to territory already served by it, necessary in the ordinary 26 course of its business, or for an extension into territory contiguous 27 to that already occupied by it as defined by the commission and 28 not receiving similar service from another telephone utility; but, if 29 any telephone utility in constructing or extending its lines, plant, or 30 system unreasonably interferes or is about to interfere 31 unreasonably with the service or system of any other telephone 32 utility, the commission may make such order and prescribe such 33 terms and conditions in harmony with Articles 1 through 13 of this 34 chapter as are just and reasonable. 35 (B) After notice and an opportunity to be heard, the 36 commission may grant a certificate to operate as a telephone 37 utility, as defined in Section 58-9-10(6), to applicants proposing to 38 furnish local telephone service in the service territory of an 39 incumbent LEC, subject to the conditions and exemptions stated in 40 this section and in applicable federal law. The provisions of this 41 act shall apply to any such application for a certificate pending 42 before the commission on the effective date of this act; provided, 43 however, that any carrier filing an application to furnish

1 [1082] 18 1 telecommunications service as a private line or special access 2 service provider or as a carrier’s carrier prior to March 25, 1996, 3 may elect to comply with the certification requirements in effect 4 on that date rather than those contained within this subsection (B); 5 provided, further, however, that such carrier shall comply with 6 subsection (B)(4) hereof. In determining whether to grant a 7 certificate under this subsection, the commission may require, not 8 inconsistent with the federal Telecommunications Act of 1996, 9 that the: 10 (1) applicant show that it possesses technical, financial, and 11 managerial resources sufficient to provide the services requested; 12 (2) service to be provided will meet the service standards 13 that the commission may adopt; 14 (3) provision of the service will not adversely impact the 15 availability of affordable local exchange service; 16 (4) applicant, to the extent it may be required to do so by the 17 commission, will participate in the support of universally available 18 telephone service at affordable rates; and 19 (5) provision of the service does not otherwise adversely 20 impact the public interest. 21 In its application for certification, the applicant seeking to 22 provide the service shall set forth with particularity the proposed 23 geographic territory to be served, and a price list and informational 24 tariff regarding the types of local exchange and exchange access 25 services to be provided. Any person granted authority under this 26 section shall maintain a current price list with the commission and 27 the Office of Regulatory Staff. A commission order, denying or 28 approving an application for certification of a new local telephone 29 service provider, shall be entered no more than sixty days from the 30 filing of the application, except that the commission, upon notice, 31 may extend that period not to exceed an additional sixty days. 32 (C) The commission shall determine the requirements 33 applicable to all local telephone service providers necessary to 34 implement this subsection. These requirements shall be consistent 35 with applicable federal law and shall: 36 (1) provide for the reasonable interconnection of facilities 37 between all certificated local telephone service providers upon a 38 bona fide request for interconnection, subject to the negotiation 39 process set forth in subsection (D) of this section; 40 (2) provide for the transfer of telephone numbers between 41 local telephone service providers in a manner that is technically 42 feasible;

1 [1082] 19 1 (3) provide for the reasonable unbundling of network 2 elements upon a request from a LEC where technically feasible 3 and priced in a manner that recovers the providing LEC’s cost; 4 (4) determine, for small LEC’s, when and under what 5 circumstances resale of local exchange telephone services is in the 6 public interest and should be allowed. Telecommunications 7 services that are available at retail to a specific category of 8 subscribers only shall not be offered for resale to a different 9 category of subscribers; and 10 (5) provide for the continued development and 11 encouragement of universally available basic local exchange 12 telephone service at reasonably affordable rates. 13 The final commission order implementing these requirements 14 shall be issued within six months of the effective date of this 15 section, except that the commission, upon notice, may extend that 16 period up to an additional ninety days. 17 (D) A LEC shall negotiate the rates, terms, and conditions for 18 local interconnection. In the event that the parties are unable to 19 agree on appropriate rates, terms, and conditions for 20 interconnection within one hundred thirty-five to one hundred 21 sixty days of receipt of a bona fide request, either party may 22 petition the commission for determination of the appropriate rates, 23 terms, and conditions for interconnection. This period may be 24 shortened or extended by mutual agreement of the parties. The 25 commission shall determine the appropriate rates, terms, and 26 conditions for interconnection within nine months from the filing 27 of the petition in accordance with the terms of applicable federal 28 law. The regulatory staff shall represent the public interest in any 29 matter undertaken pursuant to this subsection unless the Executive 30 Director of the Office of Regulatory Staff chooses to opt out as a 31 participant pursuant to Section 58 - 4 - 50. 32 (E) In continuing South Carolina’s commitment to universally 33 available basic local exchange telephone service at affordable rates 34 and to assist with the alignment of prices and/or cost recovery with 35 costs, and consistent with applicable federal policies, the 36 commission shall establish a universal service fund (USF) for 37 distribution to a carrier(s) of last resort. The commission shall 38 issue its final order adopting such guidelines as may be necessary 39 for the funding and management of the USF within twelve months 40 of the effective date of this section except that the commission, 41 upon notice, may extend that period up to an additional ninety 42 days. These guidelines must not be inconsistent with applicable 43 federal law and shall address, without limitation, the following:

1 [1082] 20 1 (1) The USF shall be administered by the commission Office 2 of Regulatory Staff or a third party designated by the commission 3 Office of Regulatory Staff under guidelines to be adopted by the 4 commission. 5 (2) The commission shall require all telecommunications 6 companies providing telecommunications services within South 7 Carolina to contribute to the USF as determined by the 8 commission. 9 (3) The commission also shall require any company 10 providing telecommunications service to contribute to the USF if, 11 after notice and opportunity for hearing, the commission 12 determines that the company is providing private local exchange 13 services or radio-based local exchange services in this State that 14 compete with a local telecommunications service provided in this 15 State. 16 (4) The size of the USF shall be determined by the 17 commission and shall be the sum of the difference, for each carrier 18 of last resort, between its costs of providing basic local exchange 19 services and the maximum amount it may charge for the services. 20 The commission may use estimates to establish the size of the USF 21 on an annual basis, provided it establishes a mechanism for 22 adjusting any inaccuracies in the estimates. 23 (5) Monies in the USF shall be distributed to a carrier of last 24 resort upon application and demonstration of the amount of the 25 difference between its cost of providing basic local exchange 26 services and the maximum amount it may charge for such services. 27 (6) The commission shall require any carrier of last resort 28 seeking reimbursement from the fund to file with the commission 29 and provide to the Office of Regulatory Staff the information 30 necessary to determine the costs of providing basic local exchange 31 telephone services. In the event that a carrier of last resort does 32 not currently conduct detailed cost studies relating to such 33 services, the commission shall allow for an appropriate surrogate 34 for such study. 35 (7) The commission shall have the authority to make 36 adjustments to the contribution or distribution levels based on 37 yearly reconciliations and to order further contributions or 38 distributions as needed. 39 (8) After notice and an opportunity for hearing to all affected 40 carriers and the Office of Regulatory Staff, the commission by rule 41 may expand the set of services within the definition of universal 42 service based on a finding that the uniform statewide demand for 43 such additional service is such that including the service within the

1 [1082] 21 1 definition of universal service will further the public interest; 2 provided, however, that before implementing any such finding, the 3 commission shall provide for recovery of unrecovered costs 4 through the USF of such additional service by the affected carrier 5 of last resort. 6 (9) Nothing in subsection (G) of this section shall preclude 7 the commission from assessing broadband service revenues for 8 purposes of contributions to the USF, pursuant to this subsection. 9 (F) Nothing in this chapter shall be interpreted to limit or 10 restrict any right that any local exchange carrier may have under 11 federal law. 12 (G)(1) Competition exists for a particular service if, for an 13 identifiable class or group of customers in an exchange, group of 14 exchanges, or other clearly defined geographical area, the service, 15 its functional equivalent, or a substitute service is available from 16 two or more providers. The commission must not: 17 (1a) impose any requirements related to the terms, 18 conditions, rates, or availability of broadband service,; or 19 (2b) otherwise regulate broadband service; however, in 20 order to facilitate the continued deployment of broadband service 21 by rural telephone companies as defined in 47 U.S.C. Section 153 22 (37), facilities utilized by rural telephone companies for the 23 provision of broadband service must continue to be treated by the 24 commission in the same manner as they were treated as of January 25 1, 2003, so as not to impact the provision or pricing of regulated 26 telecommunications services by rural telephone companies. The 27 commission shall not regulate a service for which competition 28 exists if the market for that service is sufficiently competitive to 29 protect the public interest. If the commission finds that competition 30 exists for a particular service, but that service is not sufficiently 31 competitive to protect the public interest, the commission must 32 provide appropriate regulatory and pricing flexibility to all 33 providers of the service. 34 (2) Nothing in subsection (G)(1) of this section is intended 35 to affect the Public Service Commission’s jurisdiction with respect 36 to any service other than broadband service or to affect the 37 application of access rates and charges to broadband providers or 38 with respect to broadband services. Nothing in subsection (G)(1) 39 of this section shall be construed to relieve an incumbent local 40 exchange carrier, as defined by Section 251(h) of the federal 41 Telecommunications Act of 1996, of its obligations pursuant to 42 Sections 251 and 252 of the federal act or any Federal 43 Communications Commission regulation relating to Sections 251

1 [1082] 22 1 and 252 of the federal act to provide new entrant LEC’s with 2 unbundled access to network elements or interconnection 3 including, but not limited to, loops, subloops, transmission 4 facilities, and collocation space. 5 (3) The commission Office of Regulatory Staff must 6 compile information in order to monitor the status of local 7 telephone competition in this State. In compiling this information, 8 the commission Office of Regulatory Staff must require all local 9 exchange carriers, as defined in Section 58-9-10(12), to report to 10 the commission Office of Regulatory Staff annually, the total 11 number of access lines providing local exchange 12 telecommunications services to an end user in this State. The 13 commission Office of Regulatory Staff must also maintain a copy 14 of all written complaints received regarding the impact broadband 15 services may be having on the competitive local exchange market. 16 This information must be compiled and made available prior to 17 May 15 fifteenth of each year. 18 (H) Any local exchange carrier, upon a showing of changed 19 circumstances or that it is necessary or appropriate to realign rates 20 with the costs of various telecommunications components, may 21 petition the commission to reexamine any rates that have been 22 capped pursuant to the provisions of this chapter and to set new 23 price caps. A copy of the petition must be served upon the Office 24 of Regulatory Staff. 25 (I) The incumbent LEC’s subject to this section shall be 26 authorized to meet the offerings of any local exchange carrier 27 serving the same area by packaging services together, using 28 volume discounts and term discounts, and by offering individual 29 contracts for services, except as restricted by federal law. 30 Individual contracts for services or contracts with other providers 31 of telecommunications services shall not be filed with the 32 commission, except as required by federal law, provided that 33 telecommunications carriers shall provide access to such contracts 34 to the commission as required. 35 (J) Subject to the requirements of applicable federal law, a 36 small LEC may define the term “cost”, as used within this section 37 and where applicable to a small LEC, to include all embedded 38 costs as well as a reasonable contribution to universal local 39 service, where applicable, until such time as these costs are 40 recovered from other sources. 41 (K) Subject to federal law, if the commission finds that the 42 resale of any service or unbundled capability, element, feature, or 43 function in a small LEC area is in the public interest, then the

1 [1082] 23 1 small LEC shall not be required to offer its services at a price 2 below its cost. 3 (L) Upon enactment of this section and the establishment of the 4 Interim LEC Fund, as specified in subsection (M) of this section, 5 the commission shall, subject to the requirements of federal law, 6 require any electing incumbent LEC, other than an incumbent LEC 7 operating under an alternative regulation plan approved by the 8 commission before the effective date of this section, to 9 immediately set its toll switched access rates at levels comparable 10 to the toll switched access rate levels of the largest LEC operating 11 within the State. To offset the adverse effect on the revenues of 12 the incumbent LEC, the commission shall allow adjustment of 13 other rates not to exceed statewide average rates, weighted by the 14 number of access lines, and shall allow distributions from the 15 Interim LEC Fund, as may be necessary to recover those revenues 16 lost through the concurrent reduction of the intrastate switched 17 access rates. 18 (M) The commission shall, not later than December 31, 1996, 19 establish an Interim LEC Fund to be administered by the Office of 20 Regulatory Staff or a designee. The Interim LEC Fund shall 21 initially be funded by those entities receiving an access or 22 interconnection rate reduction from LEC’s pursuant to subsection 23 (L) in proportion to the amount of the rate reduction. To the extent 24 that affected LEC’s are entitled to payments from the USF, the 25 Interim LEC Fund must transition into the USF as outlined in 26 Section 58-9-280(E) when funding for the USF is finalized and 27 adequate to support the obligations of the Interim LEC Fund. 28 (N) The commission shall ensure that any requirements 29 implemented under Section 58-9-280(C) are appropriate for the 30 service territory of the small LEC and may implement such 31 alternative requirements necessary to protect the public interest in 32 such service area. Specifically, the commission shall ensure for 33 small LEC’s that telecommunications services that are available at 34 retail to a specific category of subscribers only shall not be offered 35 for resale to a different category of subscribers. Additionally, 36 consistent with the federal Telecommunications Act of 1996, 37 LEC’s shall not be required to offer for resale services which they 38 do not make available on a retail basis. 39 (O) If any provision or section of this chapter is held invalid or 40 held not to apply to a particular local exchange carrier, such 41 holding shall not affect the remaining provisions of this chapter or 42 their application to any local exchange carrier to which they might 43 apply.”

1 [1082] 24 1 2 SECTION 36. Section 58-9-290 of the 1976 Code is amended to 3 read: 4 5 “Section 58-9-290. Telephone utilities may contract with each 6 other for the connection of their respective lines or systems and for 7 the interchange through such connections of public telephone and 8 communications service and for other proper purposes. A copy of 9 every such contract shall be filed with the commission and 10 provided to the Office of Regulatory Staff. Such contract shall 11 remain in effect in accordance with its terms unless the 12 Commission commission, after notice and hearing, shall find that 13 such contract is contrary to the public interest and shall disapprove 14 it.” 15 16 SECTION 37. Section 58-9-300 of the 1976 Code is amended to 17 read: 18 19 “Section 58-9-300. No telephone utility shall abandon all or any 20 portion of its service to the public, except for ordinary 21 discontinuance of service for nonpayment of a lawful charge or for 22 violation of rules and regulations approved by the Commission 23 commission, unless written application is first made to the 24 Commission commission for the issuance of a certificate 25 authorizing such abandonment, nor until the Commission 26 commission in its discretion issues such certificate. Any 27 application must also be served on the Office of Regulatory Staff 28 at the same time it is filed with the commission.” 29 30 SECTION 38. Section 58-9-320 of the 1976 Code, as last 31 amended by Act 138 of 1983, is further amended to read: 32 33 “Section 58-9-320. When in the judgment of the commission 34 there is a reasonably substantial affiliation of any telephone utility 35 engaged in business in this State with any other corporation or 36 person or when in the judgment of the commission any other 37 corporation or person either exercises, or is in position to exercise, 38 by reason of ownership or control of securities or for any other 39 cause, any reasonably substantial control over the business or 40 policies of any telephone utility engaged in business in this State, 41 the burden of proof shall be upon the telephone utility to establish 42 as determined by the commission the reasonableness, fairness, and 43 absence of injurious effect upon the public interest of any fees or

1 [1082] 25 1 charges growing out of any transactions between any telephone 2 utility and such other corporation or person. Every telephone 3 utility shall be required to produce, if so ordered by the 4 commission, for the information of the commission, the Office of 5 Regulatory Staff, and the public, all such contracts, papers, and 6 documents relating thereto and explanatory thereof as may be 7 required by the Commission commission, and unless the 8 reasonableness, fairness, and absence of injurious effect upon the 9 public interest of such fees and charges are established as 10 determined by the commission, they shall not be allowed by the 11 commission for rate-making purposes. The commission shall not 12 allow for rate-making purposes any fees or expenses included in 13 any contract or agreement with an affiliate representing charges 14 that the commission has directly disallowed in its rate-making 15 orders.” 16 17 SECTION 39. Section 58-9-340 of the 1976 Code is amended to 18 read: 19 20 “Section 58-9-340. The Commission Office of Regulatory Staff 21 may, in its discretion, and subject to approval of the commission, 22 prescribe systems of accounts to be kept by telephone utilities 23 subject to it’s the commission’s jurisdiction and it the Office of 24 Regulatory Staff may prescribe the manner in which the accounts 25 shall be kept and may require every telephone utility to keep its 26 books, papers and records accurately and faithfully according to 27 the system of accounts as prescribed by the Commission Office of 28 Regulatory Staff. But nothing in this section shall be construed to 29 be in conflict with or in violation of the provisions of the 30 Communications Act of Congress of 1934, as amended (U. S. C. 31 A. Title 47, Sections 151 through 609), nor shall anything herein 32 be construed to be in conflict with any lawful order of the Federal 33 Communications Commission issued pursuant to the authority 34 vested in it by said act of Congress.” 35 36 SECTION 40. Section 58-9-370 of the 1976 Code is amended to 37 read: 38 39 “Section 58-9-370. (A) The Commission Subject to approval of 40 the commission, the Office of Regulatory Staff may require any 41 telephone utility to file annual reports in such form and of such 42 content as the Commission Office of Regulatory Staff may require 43 and special reports concerning any matter about which the

1 [1082] 26 1 Commission Office of Regulatory Staff is authorized to inquire or 2 to keep itself informed or which it is required to enforce. All 3 reports shall be under oath when required by the Commission 4 Office of Regulatory Staff. 5 (B) A copy of all reports filed with the commission also must 6 be provided to the Office of Regulatory Staff.” 7 8 SECTION 41. Section 58-9-380 of the 1976 Code is amended to 9 read: 10 11 “Section 58-9-380. Each telephone utility shall have an office in 12 one of the counties of this State in which its property or some part 13 thereof is located and shall keep in such office all such books, 14 accounts, papers and records as shall reasonably be required by the 15 Commission Office of Regulatory Staff to be kept within the State. 16 No books, accounts, papers or records required by the Commission 17 Office of Regulatory Staff to be kept within the State shall be 18 removed at any time from the State except upon such conditions as 19 may be prescribed by the Commission Office of Regulatory Staff.” 20 21 SECTION 42. Section 58-9-390 of the 1976 Code is amended to 22 read: 23 24 “Section 58-9-390. Each telephone utility shall obey and comply 25 with each and every requirement of every order, decision, 26 direction, rule, or regulation made or prescribed by the 27 commission and every direction, rule, or regulation made or 28 prescribed by the Office of Regulatory Staff in the performance of 29 its duties under Articles 1 through 13 of this chapter, or in relation 30 to any other matter in any way relating to or affecting the business 31 of such telephone utility and shall do everything necessary or 32 proper in order to secure compliance with and observance of every 33 such order, decision, direction, rule, or regulation by all of its 34 officers, agents and employees.” 35 36 SECTION 43. Section 58-9-510 of the 1976 Code is amended to 37 read: 38 39 “Section 58-9-510. Whenever the commission after a hearing, 40 upon its own motion or upon complaint, finds that the existing 41 rates in effect and collected by any telephone utility for any service 42 are unjust, unreasonable, insufficient, unreasonably discriminatory, 43 or in any way in violation of any provision of law, the commission

1 [1082] 27 1 shall determine the just, reasonable, and sufficient rates to be 2 thereafter observed and in force and shall fix them by its order.” 3 4 SECTION 44. Section 58-9-520 of the 1976 Code, as amended 5 by Act 138 of 1983, is further amended to read: 6 7 “Section 58-9-520. Whenever a telephone utility desires to put 8 into operation a new rate or tariff which affects the telephone 9 utility’s general body of subscribers, the telephone utility shall 10 give the commission and the Office of Regulatory Staff not less 11 than thirty days’ notice of its intention to file and shall, after the 12 expiration of the notice period, then file with the commission and 13 provide to the Office of Regulatory Staff a schedule setting forth 14 the proposed changes; provided, however, a hearing shall not be 15 required when the proposed rate or tariff is a proposal to institute 16 or modify an offering or regulation that is not part of a general rate 17 case and does not affect the telephone utility’s general body of 18 subscribers. Subject to the provisions of subsections (B) and (C) 19 of Section 58-9-540, the proposed changes must not be put into 20 effect in full or in part until approved by the commission.” 21 22 SECTION 45. Section 58-9-540(A) of the 1976 Code, as last 23 amended by Act 138 of 1983, is further amended to read: 24 25 “Section 58-9-540. (A) Whenever there is filed with the 26 commission by any telephone utility a schedule stating a new rate 27 or rates which affect the telephone utility’s general body of 28 subscribers, the commission shall, after notice to the Office of 29 Regulatory Staff and the public such as the commission may 30 prescribe, hold a hearing concerning the lawfulness or 31 reasonableness of the rate or rates, provided, however, that when 32 the proposed rate or tariff is a proposal to institute or modify an 33 offering or regulation that is not part of a general rate case and 34 does not affect the telephone utility’s general body of subscribers, 35 the commission may approve such filing without a hearing. 36 Whenever a new rate is requested which affects the telephone 37 utility’s general body of subscribers, the commission shall rule and 38 issue its order approving or disapproving the changes in full or in 39 part within six months of the time of filing.” 40 SECTION 46. Section 58-9-575 of the 1976 Code, as added by 41 Act 347 of 1994, is amended to read: 42

1 [1082] 28 1 “Section 58-9-575. (A) Notwithstanding the provisions of 2 Section 58-9-570, in fixing rates and charges for a local exchange 3 telephone utility, the commission may, upon the request of the 4 telephone utility or upon the commission’s own motion of the 5 Office of Regulatory Staff, consider in lieu of the procedures 6 provided in this chapter, alternative means of regulating the 7 telephone utility. If the commission determines that a local 8 exchange telephone utility is subject to competition with respect to 9 its services, the commission may implement regulatory alternatives 10 including, but not limited to, equitable sharing of earnings between 11 a local exchange telephone utility and its customers, consistent 12 with the provisions of Section 58-9-330. 13 (B) The commission shall review and may authorize 14 implementation of an alternative regulatory plan under subsection 15 (A) if it finds after notice and hearing that the substantial evidence 16 of record shows that the plan: 17 (1) is consistent with the public interest; 18 (2) does not jeopardize the availability of reasonably 19 affordable and reliable telecommunications services; 20 (3) provides clearly identifiable benefits to consumers that 21 are not otherwise available under existing regulatory procedures; 22 (4) will reduce regulatory delay and costs; 23 (5) provides adequate safeguards to consumers of 24 telecommunications services, including other telecommunications 25 companies, when such services are not readily available from 26 alternative suppliers in the relevant geographic market; 27 (6) includes effective safeguards to assure that rates for 28 noncompetitive services do not subsidize the prices charged for 29 competitive services. In determining whether a service is 30 competitive, the commission shall consider, at a minimum, the 31 availability, market share, and price of comparable service 32 alternatives; 33 (7) assures that rates for noncompetitive services are just, 34 reasonable, or not unduly discriminatory and provide a 35 contribution to basic local telephone service; and 36 (8) does not jeopardize the ability of the telephone utility to 37 provide quality, affordable telecommunications service. 38 (C) The commission may, on its own motion or the motion of 39 the Office of Regulatory Staff or any interested party, review any 40 decision adopting an alternative method of regulation for a local 41 exchange telephone utility. After notice and opportunity to be 42 heard and upon a showing by substantial evidence, the commission

1 [1082] 29 1 may impose regulatory standards consistent with the provisions of 2 this chapter.” 3 4 SECTION 47. Section 58-9-576 of the 1976 Code, as last 5 amended by Act 5 of 2005, is further amended to read: 6 7 “Section 58-9-576. (A) Any LEC may elect to have rates, 8 terms, and conditions determined pursuant to the plan described in 9 subsection (B), if the commission: 10 (1) has approved a local interconnection agreement in which 11 the LEC is a participant with an entity determined by the 12 commission not to be affiliated with the LEC,; 13 (2) determines that another provider’s service competes with 14 the LEC’s basic local exchange telephone service,; or 15 (3) determines that at least two wireless providers have 16 coverage generally available in the LEC’s service area and that the 17 providers are not affiliates of the LEC. A determination by the 18 commission under subitem (3) of this subsection shall not 19 constitute a determination under Section 58-9-280(E)(3) or (G)(1), 20 or any other applicable provision of law, that a wireless provider is 21 providing services that compete with a local telecommunications 22 service in this State for purposes of participation in the state 23 Universal Service Fund. 24 (B) Notwithstanding any other provision of this chapter, 25 effective July 1, 1996, any LEC may elect to have its rates, terms, 26 and conditions for its services determined pursuant to the plan 27 described in this subsection, in lieu of other forms of regulation 28 including, but not limited to, rate of return or rate base monitoring 29 or regulation, upon the filing of notice with the commission and 30 providing a copy of any such notice to the Office of Regulatory 31 Staff as follows: 32 (1) If the provisions of subsection (A) have been complied 33 with, the plan under this subsection becomes effective on the date 34 specified by the electing LEC, but in no event sooner than thirty 35 days after the notice is filed with the commission. 36 (2) Except as provided in item (8), on the date a LEC 37 notifies the commission of its intent to elect the plan described in 38 this section, existing rates, terms, and conditions for the services 39 provided by the electing LEC contained in the then-existing tariffs 40 and contracts are considered just and reasonable. 41 (3) The rates for flat-rated local exchange services for 42 residential and single-line business customers on the date of 43 election shall be the maximum rates that the LEC may charge for

1 [1082] 30 1 these local exchange services for a period of two years from the 2 date the election is filed with the commission. During this period, 3 the local exchange company may charge less than the authorized 4 maximum rates for these services. For those small LECs whose 5 prices are below the statewide average local service rate, weighted 6 by number of access lines, the commission shall waive the 7 requirements of this paragraph until the time as the flat-rated local 8 exchange service rate for residential customers equals the 9 statewide average local residential service rate, weighted by the 10 number of access lines, and the flat-rated local exchange service 11 rate for single-line business customers equals two times the 12 statewide average local residential service rate. 13 (4) For those companies to which item (3) applies, after the 14 expiration of the period set forth above, the rates for flat-rate local 15 exchange residential and single-line business service provided by a 16 LEC may be adjusted on an annual basis pursuant to an 17 inflation-based index. 18 (5) The LECs shall set rates for all other services on a basis 19 that does not unreasonably discriminate between similarly situated 20 customers. All of these rates are subject to a complaint process for 21 abuse of market position. The commission shall resolve any 22 complaint alleging abuse of market position within one hundred 23 eighty days of the date the complaint is filed with the commission. 24 Rates that exceed the total service long run incremental cost of an 25 offering or that satisfy Section 58-9-280(I) do not constitute an 26 ‘abuse of market position.’ Other rates constitute an ‘abuse of 27 market position’ if they constitute any anticompetitive pricing 28 action that prohibits a new firm from entering a market or that 29 would cause a firm to exit a market. Additionally, during any 30 given twelve-month period, the aggregate increases in the tariffed 31 rates for other services must not exceed five percent of the 32 aggregate revenues from tariffed other services during the prior 33 twelve-month period. 34 (6) A LEC subject to this section shall file tariffs in 35 accordance with Section 58-3-140(F) for its local exchange 36 services that set out the terms and conditions of the services and 37 the rates for these services. The LEC also must provide a copy of 38 the tariffs to the regulatory staff. The tariff shall be presumed valid 39 and become effective seven days after filing for price decreases 40 and fourteen days after filing for price increases and new services. 41 (7) Any incumbent LEC operating under an alternative 42 regulatory plan approved by the commission before the effective

1 [1082] 31 1 date of this section must adhere to the plan until the plan expires or 2 is terminated by the commission, whichever is sooner. 3 (8) On the date a LEC notifies the commission of its intent 4 to elect the plan described in this section under the criteria 5 established by the provisions of subsection (A)(3), existing rates, 6 terms, and conditions for the services provided by the electing 7 LEC contained in the then-existing tariffs and contracts are 8 considered just and reasonable; however, a LEC’s election to be 9 regulated pursuant to the plan described in this section under the 10 criteria established by the provisions of subsection (A)(3) must not 11 be used as the basis for dismissing or not adjudicating a pending 12 complaint relating to the LEC’s rates, terms, or conditions.” 13 14 SECTION 48. Section 58-9-577 of the 1976 Code, as added by 15 Act 354 of 1996, is amended to read: 16 17 “Section 58-9-577. Notwithstanding Sections 58-9-575 and 18 58-9-576, any small LEC may elect to have the rates, terms, and 19 conditions of its services determined pursuant to alternative forms 20 of regulation, which may differ among companies and may 21 include, but not be limited to, price regulation, rather than rate of 22 return or other forms of earning regulation. Upon application filed 23 with the commission and served upon the Office of Regulatory 24 Staff, the commission shall approve such alternative regulation or 25 price regulation, which may differ among local exchange 26 companies, upon finding that the plan as proposed: 27 (1) protects the affordability of basic local exchange telephone 28 service, as such service is defined by the commission; 29 (2) reasonably assures the continuation of basic local exchange 30 telephone service that meets reasonable service standards that the 31 commission may adopt; 32 (3) will not unreasonably prejudice any class of telephone 33 customers, including telecommunications companies; 34 (4) is not inconsistent with the federal Telecommunications 35 Act of 1996; and 36 (5) is otherwise consistent with the public interest. 37 Upon approval of a price regulation plan, price regulation shall 38 be the sole form of regulation imposed upon the electing local 39 exchange carrier, and the commission shall regulate the electing 40 local exchange carrier’s prices rather than its earnings. The small 41 LEC shall file a tariff with the commission for its local exchange 42 services that sets out the terms and conditions of the services and 43 the rates for these services. The small LEC also must provide a

1 [1082] 32 1 copy of the tariffs to the Office of Regulatory Staff. The tariff shall 2 be presumed valid and shall become effective seven days after 3 filing for price decreases and fourteen days after filing for price 4 increases and new services, subject to a complaint process in 5 accordance with guidelines to be adopted by the commission. The 6 commission shall issue an order denying or approving the 7 proposed plan for alternative regulation or price regulation, with or 8 without modification, not more than ninety days from the filing of 9 the application. However, the commission may extend the time 10 period for an additional sixty days, in the discretion of the 11 commission. If the commission approves the application with 12 modifications, the local exchange carrier, subject to such approval, 13 may accept the modifications and implement the proposed plan as 14 modified or may at its option: 15 (1) withdraw its application and continue to be regulated 16 under the form of regulation that existed immediately before the 17 filing of the application, or 18 (2) file another proposed plan for price regulation.” 19 20 SECTION 49. Section 58-9-585 of the 1976 Code, as added by 21 Act 332 of 1994, is amended to read: 22 23 “Section 58-9-585. (A) Notwithstanding any other provision of 24 this chapter, the commission, on the request of an interexchange 25 telecommunications carrier or on its own motion, may consider, in 26 lieu of the procedures outlined in this chapter, alternative means of 27 regulating that carrier. If the commission first determines, after 28 notice and hearing, that the substantial evidence of record shows 29 that a particular service is competitive in the relevant geographic 30 market, the commission may implement regulatory alternatives 31 including, but not limited to, the provisions outlined in this section. 32 (B) If the commission determines that an interexchange 33 telecommunications carrier service is competitive, the commission 34 shall not fix or prescribe the rates, tolls, charges, or rate structures 35 for that service. In determining whether a service is competitive, 36 the commission shall consider, at a minimum, the availability, 37 market share, and price of comparable service alternatives. The 38 commission shall require that the interexchange 39 telecommunications carriers file with the commission and maintain 40 with the Office of Regulatory Staff price lists for competitive 41 telecommunications services. 42 (C) The commission is authorized to reclassify a 43 telecommunications service provided by an interexchange carrier

1 [1082] 33 1 as noncompetitive if, after notice and hearing, the substantial 2 evidence of record shows that sufficient competition does not exist 3 for that service. 4 (D) For an interexchange telecommunications carrier service 5 found to be noncompetitive, the commission may implement other 6 regulatory alternatives including, but not limited to, price caps. 7 (E) Nothing in this section limits the any authority of the 8 commission or the Office of Regulatory Staff with respect to the 9 reporting requirements of interexchange telecommunications 10 carriers to establish standards for the quality of service, resolution 11 of complaints, privacy, and the ordering, installation, restoration, 12 and disconnection of interexchange service. 13 (F) For the purposes of this section, the term ‘interexchange 14 telecommunications carrier service’ is limited to toll services 15 provided by telephone utilities.” 16 17 SECTION 50. Article 7, Chapter 9, Title 58 of the 1976 Code is 18 amended to read: 19 20 “Article 7 21 22 Telephone Companies-Powers of Commission Generally 23 24 Section 58-9-710. Whenever the commission, after hearing had 25 upon its own motion or upon complaint, on reasonable notice, 26 finds that the service of any telephone utility is not reasonably 27 adequate and efficient, the Commission commission shall make its 28 findings and issue an order thereon requiring such telephone utility 29 to provide reasonable, adequate and efficient service. 30 31 Section 58-9-720. The Commission commission may, upon its 32 own motion or upon complaint, ascertain and fix just and 33 reasonable classifications, regulations, practices or service to be 34 furnished, imposed, observed and followed by any or all telephone 35 utilities, prescribe reasonable regulations for the examination and 36 testing of such service and for the measurement thereof, establish 37 or approve reasonable rules, regulations, specifications and 38 standards and provide for the examination and testing of any and 39 all appliances used for the service of any telephone utility. 40 41 Section 58-9-730. The commission may after hearing ascertain 42 and fix the value of the whole or any part of the property of any

1 [1082] 34 1 telephone utility in so far as it is material to the exercise of the 2 jurisdiction of the commission. 3 4 Section 58-9-740. When complaint petition has been made to 5 the Commission commission concerning any rate or charge for 6 service performed by any telephone utility, and the Commission 7 commission has found after hearing and investigation that the 8 telephone utility has charged an unreasonable, excessive or 9 discriminatory amount for such service, the Commission 10 commission may order that the telephone utility make due 11 reparation to the complainant petitioner therefor, with interest from 12 the date of collection, if such reparation will not result in 13 establishing unreasonable discrimination. No order for the 14 payment of reparation upon the ground of unreasonableness shall 15 be made by the Commission commission in any instance wherein 16 the rate or charge in question has been authorized by law. All 17 complaints petitions concerning unreasonable, excessive or 18 discriminatory charges on which reparation orders may be made 19 shall be filed with the commission and provided to the Office of 20 Regulatory Staff within two years from the time the cause of 21 action accrues. No assignment of a reparation claim shall be 22 recognized by the Commission commission except assignments by 23 operation of law as in case of death, insanity, bankruptcy, 24 receivership or order of court. The commission must not be a 25 party to any reparation action. 26 The remedy in this section provided shall be cumulative and in 27 addition to any other remedy in Articles 1 through 13 of this 28 chapter provided in case of failure of a telephone utility to obey an 29 order or decision of the commission. 30 31 Section 58-9-750. If the telephone utility does not comply with 32 the order for the payment of reparation within the time specified in 33 such order, suit may be instituted in any court of competent 34 jurisdiction to recover such reparation and upon trial of such suit a 35 duly certified copy of the order of the commission shall be prima 36 facie evidence of the facts therein set forth. The suit for 37 enforcement of the order shall be commenced in the court within 38 one year from the date of the order of the commission. 39 40 Section 58-9-760. The commission may make joint 41 investigations, hold joint hearings and issue joint or concurrent 42 orders in conjunction or concurrence with any official board or 43 commission of any state or of the United States, whether, in the

1 [1082] 35 1 holding of such investigations or hearings or in the making of such 2 orders, the Commission shall function under agreements or 3 compacts between states or under the concurrent power of the 4 Federal Government or otherwise. The Office of Regulatory Staff 5 may make joint investigations with any official board or 6 commission of any state or of the United States. 7 8 Section 58-9-770. Whenever it shall appear that any telephone 9 utility is failing or omitting, or about to fail or omit, to do anything 10 required of it by law or by order of the Commission commission or 11 is doing anything, or about to do anything, or permitting anything, 12 or about to permit anything, to be done contrary to or in violation 13 of law or of any order of the Commission commission, an action or 14 proceeding shall be prosecuted by the regulatory staff in any court 15 of competent jurisdiction in the name of the Commission Office of 16 Regulatory Staff or the State for the purpose of having such 17 violation or threatened violation discontinued or prevented, either 18 by mandamus, injunction or other appropriate relief and in such 19 action or proceeding it shall be permissible to join such other 20 persons or corporations as parties thereto as may be reasonably 21 necessary to make the order of the court in all respects effective. 22 23 Section 58-9-780. The Commission Office of Regulatory Staff 24 may, on its own motion and whenever it may be necessary 25 appropriate in the performance of its duties, investigate and 26 examine the condition and operation of telephone utilities or any 27 particular telephone utility. In conducting such investigations the 28 Commission may proceed either with or without a hearing as it 29 may deem best. 30 31 Section 58-9-790. The Commission, each commissioner and 32 each person employed by the Commission Office of Regulatory 33 Staff may, after due notice to officers or managers of the company, 34 at any and all times inspect the property, plant and facilities of any 35 telephone utility at any and all times and inspect or audit at 36 reasonable times the accounts, books, papers and documents of 37 any telephone utility. For such purposes the Commission, each 38 commissioner and each person employed by the Commission an 39 officer, employee, or agent of the Office of Regulatory Staff may 40 during all reasonable hours enter upon any premises occupied by 41 or under the control of any telephone utility. The Commission, 42 each commissioner and any employee of the Commission An 43 officer, employee, or agent of the Office of Regulatory Staff

1 [1082] 36 1 authorized to administer oaths may examine under oath any 2 officer, agent or employee of such telephone utility in relation to 3 the business and affairs of such telephone utility, but written 4 record of the testimony or statement so must be given under oath 5 shall be made and filed with the Commission. Any person other 6 than a commissioner demanding the right to perform any act 7 authorized by this section shall produce written authority from the 8 Commission authenticated by its seal. 9 10 Section 58-9-800. In the performance of its duties under 11 Articles 1 through 13 of this chapter, the Commission, any 12 commissioner or any agent or employee of the Commission with 13 written authority from the Commission authenticated by its seal 14 any employee or agent of the Office of Regulatory Staff may 15 inspect or make copies of all income, property or other tax returns, 16 reports or other information filed by telephone utilities with or 17 otherwise obtained by any other department, commission, board or 18 agency of the State state government and all such other 19 departments, commissions, boards or agencies of the State state 20 government shall permit such inspection or the making of such 21 copies. 22 23 Section 58-9-810. The commission may make such rules and 24 regulations not inconsistent with law as may be proper in the 25 exercise of its powers or for the performance of its the duties under 26 set forth in Articles 1 through 13 of this chapter, all of which shall 27 have the force of law. 28 29 Section 58-9-820. In addition to the foregoing expressly 30 enumerated powers, the commission shall enforce, execute, 31 administer and carry out by its order, ruling, or regulation or 32 otherwise all and the Office of Regulatory Staff shall enforce, 33 execute, and administer the provisions of Articles 1 through 13 of 34 this chapter relating to the powers, duties, limitations and 35 restrictions imposed upon telephone utilities by Articles 1 through 36 13 of this chapter or any other provisions of the law of this State 37 regulating telephone utilities. 38 39 Section 58-9-830. The enumeration of the powers of the 40 Commission commission as herein set forth shall not be construed 41 to exclude the exercise of any power which the Commission 42 commission would otherwise have under the provisions of law.

1 [1082] 37 1 Section 58-9-840. Nothing contained in Articles 1 through 13 2 of this chapter shall be construed to divest the Commission of any 3 power now possessed by it to regulate telephone utilities and the 4 duties and powers hereby devolved upon the Commission are in 5 addition to those now imposed by law.” 6 7 SECTION 51. Section 58-9-1010 of the 1976 Code is amended 8 to read: 9 10 “Section 58-9-1010. Any investigation, inquiry or hearing 11 which the commission has power to undertake or hold, except 12 matters pertaining to rate changes, may be undertaken or held by 13 or before any one or more of the commissioners, upon condition, 14 however, that such commissioner or commissioners shall have 15 been authorized by the commission to undertake or hold such 16 investigation, inquiry or hearing. Each investigation, inquiry or 17 hearing before or by any such commissioner or commissioners 18 shall be deemed to be the investigation, inquiry or hearing of the 19 commission. Any determination, ruling or order of a 20 commissioner or commissioners, upon any such investigation, 21 inquiry or hearing undertaken or held by him or them shall not 22 become effective until due notice has been given to the 23 commission and the Office of Regulatory Staff and it has been 24 approved and confirmed by at least a quorum of the commission 25 and ordered to be filed in its office with a copy to the Office of 26 Regulatory Staff and any such determination, ruling or order 27 involving the fixing or regulation of a general schedule of rates 28 shall not become effective until due notice has been given the 29 telephone utility concerned and an opportunity has been given 30 such the utility and the Office of Regulatory Staff to be heard 31 before at least a quorum of the commission, and the determination, 32 ruling, or order has been approved and confirmed by, at least a 33 quorum of the commission. Upon such confirmation and order, 34 such determination, ruling or order shall be the determination, 35 ruling or order of the commission.” 36 37 SECTION 52. Section 58-9-1020 of the 1976 Code is amended 38 to read: 39 40 “Section 58-9-1020. In any investigation, inquiry or hearing the 41 Commission commission may employ a special agent or examiner, 42 who may administer oaths, examine witnesses consistent with the 43 Judicial Code of Conduct, and receive evidence in any locality

1 [1082] 38 1 which the Commission commission, having regard to the public 2 convenience and the proper discharge of its functions and duties, 3 may designate. The testimony and evidence so taken or received 4 shall have the same force and effect as if taken or received by the 5 Commission commission or any one or more of the commissioners 6 as provided in Section 58-9-1010. But any hearing involving rates 7 of any telephone utility shall be held before a majority of the full 8 Commission commission.” 9 10 SECTION 53. Section 58-9-1030 of the 1976 Code is amended 11 to read: 12 13 “Section 58-9-1030. The Commission and each Each of the 14 commissioners, for the purposes mentioned in Articles 1 through 15 13 of this chapter, may administer oaths, examine witnesses and 16 certify official acts.” 17 18 SECTION 54. Section 58-9-1040 of the 1976 Code is amended 19 to read: 20 21 “Section 58-9-1040. The commission and each commissioner 22 may issue subpoenas, subpoenas duces tecum and all other 23 necessary processes in proceedings pending before it and such 24 these processes shall extend to all parts of the State and may be 25 served by any person authorized by law to serve processes.” 26 27 SECTION 55. Section 58-9-1050 of the 1976 Code is amended 28 to read: 29 30 “Section 58-9-1050. No person shall be excused from 31 testifying or from producing any book, document, paper or account 32 in any investigation or inquiry by, or hearing before, the 33 Commission commission or any commissioner, when ordered to 34 do so, upon the ground that the testimony or evidence, book, 35 document, paper or account required of him may tend to 36 incriminate him or subject him to penalty or forfeiture. But no 37 person shall be prosecuted, punished or subjected to any forfeiture 38 or penalty for or on account of any act, transaction, matter or thing 39 concerning which he shall have been compelled under oath to 40 testify or produce documentary evidence, except that no person so 41 testifying shall be exempt from prosecution or punishment for any 42 perjury committed by him in his testimony.” 43

1 [1082] 39 1 SECTION 56. Section 58-9-1060 of the 1976 Code is amended 2 to read: 3 4 “Section 58-9-1060. The Commission, any commissioner 5 Office of Regulatory Staff or any party to any proceedings before 6 theCommission commission may, in any investigation or hearing 7 before the Commission commission, cause the deposition of 8 witnesses residing within or without the State to be taken in the 9 manner prescribed by law for taking depositions in civil actions in 10 the courts of this State.” 11 12 SECTION 57. Section 58-9-1070 of the 1976 Code is amended 13 to read: 14 15 “Section 58-9-1070. The commission or Office of Regulatory 16 Staff may require, by order served on any telephone utility in the 17 manner provided in Section 58-9-1100, the production within this 18 State at such time and place as it may designate of any books, 19 accounts, papers or records of the telephone utility relating to its 20 business or affairs within the State, pertinent to any lawful inquiry 21 and kept by the telephone utility in any office or place within or 22 without this State or, at its option, verified copies in lieu thereof, 23 so that an examination thereof may be made by the Commission 24 Office of Regulatory Staff or under its direction.” 25 26 SECTION 58. Section 58-9-1080 of the 1976 Code is amended 27 to read: 28 29 “Section 58-9-1080. The Commission, on its own motion, 30 Office of Regulatory Staff or any person or corporation having an 31 interest in the subject matter, including any telephone utility 32 concerned, may complain petition in writing to the commission, 33 setting forth any act or thing done or omitted to be done by any 34 telephone utility in violation, or claimed violation, of any law 35 which the commission has jurisdiction to administer or of any 36 order or rule of the commission.” 37 38 SECTION 59. Section 58-9-1090 of the 1976 Code is amended 39 to read: 40 41 “Section 58-9-1090. Upon the filing of a complaint petition 42 pursuant to Section 58 - 9 - 1080, the commission shall cause a copy

1 [1082] 40 1 thereof to be served upon the person, corporation, or telephone 2 utility complained of.” 3 4 SECTION 60. Section 58-9-1100 of the 1976 Code is amended 5 to read: 6 7 “Section 58-9-1100. Service of all complaints pleadings or 8 notices in all hearings, investigations and proceedings pending 9 before the Commission commission, except service of the 10 processes provided for by Section 58-9-1040, may be made 11 personally or by mail as the Commission commission may direct.” 12 13 SECTION 61. Section 58-9-1110 of the 1976 Code is amended 14 to read: 15 16 “Section 58-9-1110. The commission may dismiss any 17 complaint petition filed pursuant to Section 58 - 9 - 1080 without a 18 hearing if in its opinion a hearing is not necessary in the public 19 interest or for the protection of substantial rights.” 20 21 SECTION 62. Section 58-9-1120 of the 1976 Code is amended 22 to read: 23 24 “Section 58-9-1120. The commission may, in addition to the 25 hearings specifically provided for by Articles 1 through 13 of this 26 chapter, conduct such other hearings as may be required in the 27 administration of the powers and duties conferred upon it by 28 Articles 1 through 13 of this chapter and by other laws relating to 29 telephone utilities.” 30 31 SECTION 63. Section 58-9-1130 of the 1976 Code is amended 32 to read: 33 34 “Section 58-9-1130. All commission hearings, investigations 35 and proceedings shall be governed by law and by rules of practice 36 and procedure adopted by the commission.” 37 38 SECTION 64. Section 58-9-1150 of the 1976 Code is amended 39 to read: 40 41 “Section 58-9-1150. At the time fixed for any hearing before 42 the commission or a commissioner or the time to which such 43 hearing may have been continued, the complainant, the Office of

1 [1082] 41 1 Regulatory Staff, and the person, corporation, or telephone utility 2 complained of shall be entitled in person or by attorney to be heard 3 and to introduce evidence.” 4 5 SECTION 65. Section 58-9-1160 of the 1976 Code is amended 6 to read: 7 8 “Section 58-9-1160. After the conclusion of a hearing, the 9 commission shall make and file its findings and order with its 10 opinion, if any. Its findings shall be in sufficient detail to enable a 11 court on review to determine the controverted question presented 12 by the proceeding and whether proper weight was given to the 13 evidence. A copy of such the order, certified under the seal of the 14 commission, shall be served either personally or by registered mail 15 upon the person, corporation or telephone utility against whom it 16 runs, or his or its attorney and the Office of Regulatory Staff, and 17 notice thereof shall be given either personally or by mail to the 18 other parties to the proceedings or their attorneys.” 19 20 SECTION 66. Section 58-9-1230 of the 1976 Code is amended 21 to read: 22 23 “Section 58-9-1230. Copies of official documents and orders 24 filed or deposited according to law in the office of the commission, 25 certified by a commissioner or by the secretary Chief Clerk of the 26 commission under its official seal to be true copies of the original, 27 shall be evidence in like manner as the originals in all matters 28 before the commission and in the courts of this State. The 29 commission by rule may prescribe reasonable charges to be paid 30 for furnishing authenticated copies of such documents and orders. 31 Copies of documents that are not filed with the commission but are 32 deposited with the Office of Regulatory Staff, may be certified by 33 the Executive Director of the Office of Regulatory Staff under its 34 official seal to be true copies of the original and shall be evidence 35 in like manner as the originals in all matters before the commission 36 and in the courts of this State. The Office of Regulatory Staff may 37 prescribe reasonable charges to be paid for furnishing 38 authenticated copies of such documents.” 39 40 SECTION 67. Section 58-9-1410 of the 1976 Code is amended 41 to read: 42

1 [1082] 42 1 “Section 58-9-1410. Any party in interest being dissatisfied 2 with an order of the commission may commence an action in the 3 court of common pleas for Richland County against the 4 Commission and other interested parties as defendants in 5 accordance with Section 1 - 23 - 380 to vacate or set aside, either in 6 whole or in part, any such order on the ground that the order is 7 unlawful or unreasonable. But no cause of action shall accrue to 8 vacate or set aside, either in whole or in part, any order of the 9 commission except an order on a rehearing, unless a petition to the 10 Commission commission for a rehearing has been filed and 11 refused or deemed refused because of the commission’s failure to 12 act thereon within twenty days. For purposes of jurisdiction, the 13 residence of the commission shall be deemed to be in Richland 14 County. The commission must not be named as a party to an 15 action.” 16 17 SECTION 68. Section 58-9-1480 of the 1976 Code is amended 18 to read: 19 20 “Section 58-9-1480. All actions and proceedings for review 21 under Articles 1 through 13 of this chapter, and all actions or 22 proceedings to which the Commission Office of Regulatory Staff 23 or the State or any of its governmental agencies may be parties and 24 in which any question arises under Articles 1 through 13 of this 25 chapter or under or concerning any order or decision of the 26 commission thereunder shall be given priority of hearing in all 27 courts over all other civil causes except election cases irrespective 28 of position on the calendar.” 29 30 SECTION 69. Section 58-9-1650 of the 1976 Code is amended 31 to read: 32 33 “Section 58-9-1650. Actions to recover penalties under Articles 34 1 through 13 of this chapter shall be brought in the name of the 35 Office of Regulatory Staff or the State in any court of competent 36 jurisdiction.” 37 38 SECTION 70. Section 58-9-2240 of the 1976 Code, as added by 39 Act 112 of 1999, is amended to read: 40 41 “Section 58-9-2240. A municipality may not use its authority 42 over the public streets and public property as a basis for asserting 43 or exercising regulatory control over telecommunications

1 [1082] 43 1 companies regarding matters within the jurisdiction of the Public 2 Service Commission or the Federal Communications Commission 3 or the authority of the Office of Regulatory Staff, including, but 4 not limited to, the operations, systems, service quality, service 5 territory, and prices of a telecommunications company. Nothing in 6 this section shall be construed to limit the authority of a local 7 governmental entity over a cable television company providing 8 cable service as permitted by 47 U.S.C. Section 542.” 9 10 SECTION 71. Article 21, Chapter 9, Title 58 of the 1976 Code 11 is amended to read: 12 13 “Article 21 14 15 Telephone Service for Hearing and Speech Impaired Persons 16 17 Section 58-9-2510. As used in this article: 18 (1) ‘Commission’ means the Public Service Commission. 19 (2) ‘Deaf person’ means an individual who is unable to hear 20 and understand oral communication, with or without the assistance 21 of amplification devices. 22 (3) ‘Dual party relay system’ or ‘DPR’ means a procedure in 23 which a deaf, hearing, or speech impaired TDD user can 24 communicate with an intermediary party, who then orally relays 25 the first party’s message or request to a third party, or a procedure 26 in which a party who is not deaf or hearing or speech impaired can 27 communicate with an intermediary party who then relays the 28 message or request to a TDD user. 29 (3.5)‘Dual sensory impaired person’ means an individual who is 30 deaf/blind or has both a permanent hearing impairment and a 31 permanent visual impairment. 32 (4) ‘Hard of hearing person’ means an individual who has 33 suffered a permanent hearing loss which is severe enough to 34 necessitate the use of amplification devices to hear oral 35 communication. 36 (5) ‘Hearing impaired person’ means a person who is deaf or 37 hard of hearing. 38 (6) ‘Operating fund’ means the Dual Party Relay Service 39 Operating Fund which is a specific fund to be created by the 40 commission and established, invested, managed, and maintained 41 for the exclusive purpose of implementing the provisions of this 42 chapter according to commission regulations.

1 [1082] 44 1 (7) ‘Regulatory staff’ means the executive director or the 2 executive director and the employees of the Office of Regulatory 3 Staff. 4 (8) ‘Speech impaired person’ means an individual who has 5 suffered a loss of oral communication ability which prohibits 6 normal use of a standard telephone handset. 7 (89) ‘Telecommunications device’ or ‘telecommunications 8 device for the deaf, hearing, or speech impaired’ or ‘TDD’ or 9 ‘TTY’ means a keyboard mechanism attached to or in place of a 10 standard telephone by some coupling device used to transmit or 11 receive signals through telephone lines. 12 13 Section 58-9-2520. (A) The commission may establish, 14 regulate, and the Office of Regulatory Staff may administer and 15 promote a statewide program to provide telephone access to 16 persons who are speech or hearing impaired. 17 (B) The program may include, but is not limited to: 18 (1) a statewide dual party relay service; 19 (2) selection by the Office of Regulatory Staff of a service 20 provider to provide a statewide relay system to handle all intrastate 21 TDD calls; 22 (3) a distribution system as provided by the Office of 23 Regulatory Staff of TTY’s and other related telecommunications 24 devices; and 25 (4) prescribing or promulgating procedures, regulations, 26 guidelines, and criteria to establish, implement, administer, 27 regulate, and promote all aspects of the dual party relay service 28 and the distribution of TTY and other related telecommunications 29 devices, and the establishment of a funding mechanism to cover all 30 associated costs of these services and this article where not 31 prohibited by law. 32 The administration, implementation, and promotion of the dual 33 party relay service and the distribution of TTY and other related 34 telecommunications devices is the responsibility of the Office of 35 Regulatory Staff. The administration of the funding mechanism is 36 the responsibility of the Office of Regulatory Staff. 37 (C) The commission and the Office of Regulatory Staff may 38 use assistance from state and federal agencies or from private 39 organizations and industry to accomplish the purposes of this 40 article. 41 42 Section 58-9-2530. (A) The commission may require all local 43 exchange telephone companies operating in this State to impose a

1 [1082] 45 1 monthly charge not to exceed twenty-five cents on all residential 2 and business local exchange access facilities as necessary to fund 3 the establishment and operation of a dual party relay system and a 4 distribution system of TTY’s and other related telecommunications 5 devices in this State. The amount of the charge must be 6 determined by the commission based upon the amount of funding 7 necessary to accomplish the purposes of this article and provide 8 dual party telephone relay services on a continuous basis. If 9 assessed, the local exchange companies shall collect the charge 10 from their customers and transfer the monies collected to the 11 operating fund, which must be administered by the Office of 12 Regulatory Staff. The charge collected and remitted by the local 13 exchange companies is not subject to any tax, fee, or assessment, 14 nor may it be considered revenue of the local exchange companies. 15 The commission may provide for the funding of the dual party 16 relay system through contributions from other sources. The fund 17 must be established, invested, and managed for the exclusive 18 purpose of implementing the provisions of this article according to 19 regulations promulgated by the commission. 20 (B) Monies in the operating fund must also include 21 appropriations made by the General Assembly for the purpose of 22 this chapter, grants from other governmental or private entities, 23 and contributions or donations received by the commission for the 24 dual party relay service. All monies in the operating fund must be 25 used solely for the administration and operation of a statewide 26 program to provide telecommunications access to persons who are 27 speech and hearing impaired or similarly impaired. 28 (C) The users of the relay service must be charged for 29 telephone services, including any authorized commission charge, 30 without additional charges for the use of the relay service. The 31 calling or called party shall bear an expense for making intrastate 32 nonlocal calls considered approved by the commission as being 33 equitable in comparison with non-TDD or DPR service customers. 34 35 Section 58-9-2540. (A) The commission may appoint an 36 advisory committee to monitor the statewide telecommunications 37 relay access service and advise and make recommendations to the 38 commission in pursuing services which meet the needs of the 39 hearing or speech impaired and others similarly impaired in 40 communicating with other users of telecommunications services. 41 (B) The advisory committee consists of nine seven members as 42 follows:

1 [1082] 46 1 (1) one representative from the Spartanburg South Carolina 2 School for the Deaf and the Blind; 3 (2) one representative from the South Carolina Association 4 of the Deaf, Inc.; 5 (3) one representative from the South Carolina Telephone 6 Association; 7 (4) two representatives from the commission staff; 8 (5) one representative from the provider of the dual party 9 relay service; 10 (65) one representative from the office of the Consumer 11 Advocate Office of Regulatory Staff; 12 (76) one representative from the office of the Division of 13 Information Resource Management, Chief Information Officer, 14 State Budget and Control Board; and 15 (87) one hearing-impaired person who is an active member of 16 Self-Help for Hard of Hearing People (SHHH). 17 The advisory committee must be appointed by the commission 18 upon the recommendations of the applicable agency or 19 organization. The commission shall prescribe regulations which 20 set forth guidelines for the responsibilities, duties, and authority of 21 the committee. Members shall serve at the pleasure of the 22 commission and vacancies must be filled in the manner of the 23 original appointment. 24 25 Section 58-9-2550. The commission Office of Regulatory Staff 26 may establish a distribution system for TTY and other related 27 telecommunications devices. In establishing this program, the 28 commission Office of Regulatory Staff may: 29 (1) select an administrator through the State Budget and 30 Control Board procurement process to purchase, store, distribute, 31 and maintain telecommunications devices for persons qualified to 32 receive such equipment. In addition, the administrator must be 33 responsible for providing user training and assistance.; and 34 (2) establish qualifications for eligibility for individuals to 35 receive TTY’s and other related telecommunications devices under 36 a distribution system of TTY’s and other related 37 telecommunications devices. Qualifications shall include 38 certifications as hearing impaired, speech impaired, or dual 39 sensory impaired.” 40 41 SECTION 72. Section 58-9-2620(1) and (6) of the 1976 Code, 42 as added by Act 360 of 2002, is amended to read: 43

1 [1082] 47 1 “(1) be subject to the same local, state, and federal regulatory, 2 statutory, and other legal requirements that nongovernment-owned 3 telecommunications service providers are subject to, including 4 regulation and other legal requirements by the Public Service 5 Commission and the Office of Regulatory Staff; 6 (6) be required to prepare and publish an independent annual 7 audit in accordance with generally accepted accounting principles 8 that reflects the full cost of providing the service, including all 9 direct and indirect costs. The indirect costs shall include, but are 10 not limited to, amounts for rights-of-way franchise, consent, or 11 administrative fees, regulatory fees, occupation taxes, pole 12 attachment fees, and ad valorem taxes. The annual accounting 13 must reflect any direct or indirect subsidies received by the 14 government-owned telecommunications provider. Records 15 demonstrating compliance with the provisions of this section shall 16 be filed with the Public Service Commission and provided to the 17 Office of Regulatory Staff and be made available for public 18 inspection and copying. The compliance shall be overseen by the 19 Public Service Commission Office of Regulatory Staff pursuant to 20 and not inconsistent with its power and jurisdiction set forth by 21 law including Section 58-3-140.” 22 23 SECTION 73. Section 58-11-10(a) of the 1976 Code is amended to 24 read: 25 26 “(a) The term ‘Commission commission’ means the Public 27 Service Commission of the State of South Carolina.” 28 29 SECTION 74. Section 58-11-10 of the 1976 Code is amended 30 by adding at the end: 31 32 “(l) The term ‘regulatory staff’ means the executive director or 33 the executive director and the employees of the Office of 34 Regulatory Staff.” 35 36 SECTION 75. Section 58-11-30 of the 1976 Code is amended to 37 read: 38 39 “Section 58-11-30. Under such rules and regulations as the 40 commission may prescribe, every radio common carrier shall file 41 with the commission and the Office of Regulatory Staff, within 42 such time and in such form as the commission may designate, 43 schedules showing all rates, rules and regulations established by it

1 [1082] 48 1 and collected or enforced, or to be collected or enforced within the 2 jurisdiction of the commission, and the radio common carrier shall 3 keep copies of such schedules open to public inspection upon 4 request at reasonable intervals during business hours under such 5 rules and regulations as the commission may prescribe.” 6 7 SECTION 76. Section 58-11-60 of the 1976 Code, as amended 8 by Act 138 of 1983, is further amended to read: 9 10 “Section 58-11-60. Whenever a radio common carrier desires to 11 put into operation a new rate which affects the radio common 12 carrier’s general body of subscribers, the radio common carrier 13 shall give the commission and the Office of Regulatory Staff not 14 less than thirty days’ notice of its intention to file and shall, after 15 the expiration of the notice period, then file with the commission a 16 schedule setting forth the proposed changes; provided, however, a 17 hearing shall not be required when the proposed rate is a proposal 18 to institute or modify an offering or regulation that is not part of a 19 general rate case and does not affect the radio common carrier’s 20 general body of subscribers. Subject to the provisions of 21 subsections (B) and (C) of Section 58-11-70, the proposed changes 22 must not be put into effect in full or in part until approved by the 23 commission.” 24 25 SECTION 77. Section 58-11-70 of the 1976 Code, as amended 26 by Act 138 of 1983, is further amended to read: 27 28 “(A) Whenever there is filed with the commission by any radio 29 common carrier, a schedule stating a new rate or rates which 30 affects the radio common carrier’s general body of subscribers, the 31 commission shall, after notice to the Office of Regulatory Staff 32 and the public such as the commission may prescribe, hold a 33 hearing concerning the lawfulness or reasonableness of the rate or 34 rates; provided, however, that when the proposed rate is a proposal 35 to institute or modify an offering or regulation that is not part of a 36 general rate case and does not affect the radio common carrier’s 37 general body of subscribers, the commission may approve such 38 filing with a hearing. 39 (B) The commission shall rule and issue its order approving or 40 disapproving the changes in full or in part within six months of the 41 time of filing. If the commission rules and issues its order within 42 the time aforesaid, and the radio common carrier shall appeal from 43 the order, by filing with the commission a petition for rehearing,

1 [1082] 49 1 the radio common carrier may put the rate or rates requested in its 2 schedule into effect under bond during the appeal and until final 3 disposition of the case. The bond must be filed with the 4 commission and must be in a reasonable amount approved by the 5 commission, with sureties approved by the commission, 6 conditioned upon the refund, in a manner to be prescribed by order 7 of the commission, to the persons, corporations, or municipalities 8 respectively entitled to the amount of excess, if the rate or rates put 9 into effect are finally determined to be excessive. There may be 10 substituted for the bond other arrangements satisfactory to the 11 commission for the protection of the parties interested. During any 12 period in which a radio common carrier shall charge increased 13 rates under bond, it shall provide records or other evidence of 14 payments made by its subscribers under the rate or rates which the 15 radio common carrier has put into operation in excess of the rate or 16 rates in effect immediately prior to the filing of its schedule. 17 All increases in rates put into effect under the provisions of this 18 section which are not approved and for which a refund is required 19 shall bear interest at a rate of twelve percent per annum. The 20 interest shall commence on the date the disallowed increase is paid 21 and continue until the date the refund is made. 22 In all cases in which a refund is due, the commission shall order 23 a total refund of the difference between the amount collected under 24 bond and the amount finally approved. 25 (C) If the commission fails to rule and issue its order within six 26 months after the date the schedule is filed, the radio common 27 carrier may put into effect the change in rate or rates it requested in 28 its schedule. The change is to be treated as an approval of the new 29 rate schedule by the commission. 30 (D) After the date the schedule, which affects the radio 31 common carrier’s general body of subscribers, is filed with the 32 commission and the Office of Regulatory Staff, no further rate 33 change request which affects the radio common carrier’s general 34 body of subscribers may be filed until twelve months have elapsed 35 from the date of the filing of the schedule; provided, however, this 36 section shall not apply to a request for a rate reduction.” 37 38 SECTION 78. Section 58-11-100(B) of the 1976 Code, as 39 amended by Act 40 of 2005, is further amended to read: 40 41 “(B) Notwithstanding the provisions of subsection (A) or 42 another provision of law, neither the commission nor the Office of 43 Regulatory Staff may not impose requirements related to the terms,

1 [1082] 50 1 conditions, rates, or availability of, or otherwise regulate 2 “commercial mobile service” as that term is presently defined in 3 47 U.S.C.A. Section 332(d)(1) for as long as Section 332 of 47 4 U.S.C. or similar federal legislation remains in effect.” 5 6 SECTION 79. Section 58-11-120 of the 1976 Code is amended 7 to read: 8 9 “Section 58-11-120. Any radio common carrier may establish, 10 construct, maintain and operate any reasonable extension of its 11 facilities within its service area, after due notice of intent to the 12 commission and the Office of Regulatory Staff by letter, without 13 public hearing before the commission, unless otherwise ordered by 14 the commission.” 15 16 SECTION 80. Section 58-11-160 of the 1976 Code is amended 17 to read: 18 19 “Section 58-11-160. The Commission Office of Regulatory 20 Staff may, in its discretion, subject to approval of the commission, 21 prescribe systems of accounts to be kept by radio common carriers 22 subject to its jurisdiction, and it may prescribe the manner in which 23 the accounts shall be kept, and may require every radio common 24 carrier to keep its books, papers, and records accurately and 25 faithfully according to the system of accounts as prescribed by the 26 Commission Office of Regulatory Staff; provided, however, that 27 nothing in this section shall be construed to be in conflict with or 28 in violation of the provisions of the Communications Act of 29 Congress of 1934, as amended (U.S.C.A. Title 47, Sections 151 30 through 609), nor shall they be construed to be in conflict with any 31 lawful order of the Federal Communications Commission issued 32 pursuant to the authority invested in it by such act of Congress.” 33 34 SECTION 81. Section 58-11-200 of the 1976 Code is amended 35 to read: 36 37 “Section 58-11-200. The Commission Office of Regulatory 38 Staff may require any radio common carrier to file annual reports 39 in such form and of such content as the Commission Office of 40 Regulatory Staff may require and special reports concerning any 41 matter about which the Commission Office of Regulatory Staff is 42 authorized to inquire or to keep itself informed, or which it is 43 required to enforce. All reports shall be under oath when required

1 [1082] 51 1 by the Commission Office of Regulatory Staff. At the same time a 2 radio common carrier files a report with the Office of Regulatory 3 Staff, it also must provide a copy to the commission.” 4 5 SECTION 82. Section 58-11-220 of the 1976 Code is amended 6 to read: 7 8 “Section 58-11-220. Each radio common carrier shall have an 9 office in one of the counties of this State in which its property or 10 some part thereof is located, and shall keep in such office all 11 books, accounts, papers, and records, as shall reasonably be 12 required by the Commission Office of Regulatory Staff to be kept 13 within the State. No books, accounts, papers, or records required 14 by the Commission Office of Regulatory Staff to be kept within 15 the State shall be removed at any time from the State except upon 16 such conditions as may be prescribed by the Commission Office of 17 Regulatory Staff.” 18 19 SECTION 83. Section 58-11-230 of the 1976 Code is amended 20 to read: 21 22 “Section 58-11-230. Each radio common carrier shall obey and 23 comply with each and every requirement of every order, decision, 24 direction, rule, or regulation made or prescribed by the 25 commission and every direction, rule, or regulation made or 26 prescribed by the Office of Regulatory Staff in the performance of 27 its their duties under this chapter, or in relation to any other matter 28 in any way relating to or affecting the business of such radio 29 common carrier, and shall do everything necessary or proper in 30 order to secure compliance with and observance of every such 31 order, decision, direction, rule, or regulation by all of its officers, 32 agents, and employees.” 33 34 SECTION 84. Section 58-11-240 of the 1976 Code is amended 35 to read: 36 37 “Section 58-11-240. No radio common carrier, except 38 municipalities, shall issue any securities, as in this chapter defined, 39 without the approval of the commission. Any radio common 40 carrier, except a municipality, desiring to issue any securities may 41 apply to the commission for approval of any proposed issue by 42 filing with the commission and providing to the Office of 43 Regulatory Staff an application, together with a statement verified

1 [1082] 52 1 by its president and secretary, or other proper officers, or two of its 2 incorporators, or by its owner, or owners, if it have no such 3 officers, setting forth: 4 (1) the amount and character of securities proposed to be 5 issued; 6 (2) the purpose for which they are to be issued; 7 (3) the consideration for which they are to be issued; 8 (4) the description and estimated value of any property, if any, 9 to be acquired through the proposed issue; 10 (5) the terms and conditions of their issuance; 11 (6) the financial condition of the radio common carrier and its 12 previous operations so far as relevant. The Commission shall 13 thereupon make such investigation as may be necessary, at which 14 investigation the radio common carrier shall be entitled to be 15 heard. The commission, after giving notice and opportunity to be 16 heard to the radio common carrier and the Office of Regulatory 17 Staff, shall determine whether the purpose of the issue is proper, it 18 shall value the property or services, if any, to be acquired by the 19 issue, if any, it shall find and determine the amount of such 20 securities reasonably necessary for the purpose for which they are 21 to be issued, and to the extent that the Commission commission 22 may approve the proposed issue it shall grant to the radio common 23 carrier a certificate of authority stating: 24 [1] the amount of such securities reasonably necessary for 25 the purpose for which they are to be issued, and the character of 26 such securities; and 27 [2] the value of any property or services, if any, to be 28 acquired thereby. 29 Such radio common carrier shall not issue any securities in 30 greater amounts than specified in such certificate and shall apply 31 the proceeds of such issue to the purposes specified in its petition. 32 Nothing herein contained shall apply to any issue of securities 33 payable within one year from the date thereof, except in case of 34 issues made to refund such short time obligations, but such short 35 time obligations may be renewed by similar obligations without 36 the approval of the commission for an aggregate of not exceeding 37 two years. Nothing herein contained shall be construed to impose 38 or imply any guaranty or obligation as to such securities on the 39 part of the State of South Carolina, or any agency thereof, nor shall 40 the commission by virtue of the approval of the issuance of such 41 securities be deemed to be required to prescribe or approve any 42 rate for the reason that such rate may be necessary to provide funds

1 [1082] 53 1 reasonably sufficient to retire such securities or the interest 2 thereon.” 3 4 SECTION 85. Section 58-11-260 of the 1976 Code is amended 5 to read: 6 7 “Section 58-11-260. If the articles of incorporation of any radio 8 common carrier are revoked by the Secretary of State, the Public 9 Service Commission shall immediately revoke the certificate of 10 authorization granted to such carrier. Whenever such certificate is 11 revoked for any cause, the Office of Regulatory Staff and the 12 appropriate bureau of the Federal Communications Commission 13 shall be promptly notified of such revocation by the Public Service 14 Commission.” 15 16 SECTION 86. Section 58-11-410 of the 1976 Code is amended 17 to read: 18 19 “Whenever the commission after a hearing, upon its own motion 20 or upon complaint, finds that the existing rates in effect and 21 collected by any radio common carrier for any service are unjust, 22 unreasonable, insufficient or unreasonably discriminatory, or in 23 any way in violation of any provision of law, the commission shall 24 determine the just, reasonable, and sufficient rates to be thereafter 25 observed and in force, and shall fix such rates by its order. In 26 determining just, reasonable, and sufficient rates the commission 27 shall give due consideration to the radio common carrier’s 28 property devoted to the public service; the revenues received for 29 the service; the reasonable operating expenses and other costs 30 necessary to provide the service; the total earnings required for the 31 proper discharge of the radio common carrier’s public duty; the 32 capitalization of the radio common carrier and the net income 33 required on its net worth; and such other matters, circumstances, 34 and conditions as the commission may find necessary. Provided, 35 that the rates so fixed shall not be higher than necessary to give a 36 fair return to the stockholders.” 37 38 SECTION 87. Section 58-11-420 of the 1976 Code is amended 39 to read: 40 41 “Section 58-11-420. Whenever the commission, after hearing 42 upon its own motion or upon complaint, on reasonable notice, 43 finds that the service of any radio common carrier is not

1 [1082] 54 1 reasonably adequate and efficient, the Commission commission 2 shall make its findings and issue an order thereon requiring such 3 radio common carrier to provide reasonably adequate and efficient 4 service.” 5 6 SECTION 88. Section 58-11-430 of the 1976 Code is amended 7 to read: 8 9 “The commission may, upon its own motion or upon complaint, 10 ascertain and fix just and reasonable classification, regulations, 11 practices, or service to be furnished, imposed, observed, and 12 followed by any or all radio common carriers; prescribe 13 reasonable regulations for the examination and testing of such 14 service and for the measurement thereof; establish or approve 15 reasonable rules, regulations, specifications, and standards,; and 16 provide for the examination and testing of any and all appliances 17 used for the service of any radio common carrier.” 18 19 SECTION 89. Section 58-11-450 of the 1976 Code is amended 20 to read: 21 22 “Section 58-11-450. The Commission Office of Regulatory 23 Staff may, on its own motion and whenever it may be necessary in 24 the performance of its duties, investigate and examine the 25 condition and operation of radio common carriers or any particular 26 radio common carrier. In conducting such investigations, the 27 Commission may proceed either with or without a hearing as it 28 may deem appropriate.” 29 30 SECTION 90. Section 58-11-460 of the 1976 Code is amended 31 to read: 32 33 “Section 58-11-460. When complaint petition has been made to 34 the commission concerning any rate or charge for service 35 performed by any radio common carrier, and the commission has 36 found after hearing and investigation that the radio common carrier 37 has charged an unreasonable, excessive, or discriminatory amount 38 for such service, the commission may order that the radio common 39 carrier make due reparation to the complainant therefor, with 40 interest from the date of collection; provided, such reparation will 41 not result in establishing unreasonable discrimination and 42 provided, further, that no order for the payment of reparation upon 43 the ground of unreasonableness shall be made by the commission

1 [1082] 55 1 in any instance wherein the rate, or charge in question has been 2 authorized by law, and, provided, further, that no assignment of a 3 reparation claim shall be recognized by the commission except 4 assignments by operation of law as in case of death, insanity, 5 bankruptcy, receivership, or order of Court court. If the radio 6 common carrier does not comply with the order for the payment of 7 reparation within the time specified in such order, suit may be 8 instituted in any court of competent jurisdiction to recover such 9 reparation and upon trial of such suit a duly certified copy of the 10 order of the commission shall be prima facie evidence of the facts 11 therein set forth. All complaints concerning unreasonable, 12 excessive, or discriminatory charges on which reparation orders 13 may be made shall be filed with the commission and provided to 14 the Office of Regulatory Staff within two years from the time the 15 cause of action accrues, and the suit for enforcement of the order 16 shall be commenced in the court within one year from the date of 17 the order of the commission. The remedy provided in this section 18 shall be cumulative and in addition to any other remedy or 19 remedies in this chapter for failure of a radio common carrier to 20 obey an order or decision of the commission. The commission 21 must not be a party to any proceeding.” 22 23 SECTION 91. Section 58-11-480 of the 1976 Code is amended 24 to read: 25 26 “Section 58-11-480. Should application be made for a 27 proposed radio common carrier operation or extension thereof into 28 a service area, or portion thereof, of another certified radio 29 common carrier, the applicant shall notify the radio common 30 carrier with copies of all information filed with the commission 31 and provided to the Office of Regulatory Staff within ten days 32 from the date filed with the commission.” 33 34 SECTION 92. Section 58-11-490 of the 1976 Code is amended 35 to read: 36 37 “Section 58-11-490. The Commission, each commissioner, or 38 their designees Office of Regulatory Staff at any reasonable time 39 shall have the right to inspect the property, plant, and facilities of 40 any radio common carrier, and to inspect or audit at reasonable 41 times the accounts, books, papers, and documents of any radio 42 common carrier, and for the purposes herein mentioned are 43 authorized to examine under oath any officer, agent, or employee

1 [1082] 56 1 of such radio common carrier in relation to the business and affairs 2 of such radio common carrier, but written record of the testimony 3 or statement so given under oath shall be made and filed with the 4 Commission. Any person other than a commissioner demanding 5 the right to perform any act authorized by this section shall 6 produce written authority from the Commission authenticated by 7 its seal.” 8 9 SECTION 93. Section 58-11-500 of the 1976 Code is amended 10 to read: 11 12 “Section 58-11-500. In the performance of its duties under this 13 chapter, the Commission, or its designee with written authority 14 from the Commission Office of Regulatory Staff is hereby 15 authorized to inspect or make copies of all income, property, or 16 other tax returns, reports, or other information filed by radio 17 common carrier with or otherwise obtained by any other 18 department, commission, board, or agency of the State state 19 government.” 20 21 SECTION 94. Section 58-11-510 of the 1976 Code is amended 22 to read: 23 24 “Section 58-11-510. The commission shall have authority to 25 make joint investigations, may hold joint hearings, and issue joint 26 or concurrent orders in conjunction or concurrence with any 27 official board or commission of any State state or of the United 28 States, whether in the holding of such investigations or hearings, or 29 in the making of such orders, the Commission shall function under 30 agreements or compacts between States, or under the concurrent 31 power of the Federal Government or otherwise. The Office of 32 Regulatory Staff may make joint investigations with any official 33 board or commission of any state or of the United States.” 34 35 SECTION 95. Section 58-11-520 of the 1976 Code is amended 36 to read: 37 38 “Section 58-11-520. Whenever it shall appear that any radio 39 common carrier is failing or omitting, or about to fail or omit, to 40 do anything required of it by law or by order of the commission or 41 the Office of Regulatory Staff, or is doing anything, or about to do 42 anything, or permitting anything, or about to permit anything, to be 43 done contrary to or in violation of law or of any order of the

1 [1082] 57 1 commission, an action or proceeding shall be prosecuted by the 2 Office of Regulatory Staff in any court of competent jurisdiction in 3 the name of the Commission or the State Office of Regulatory 4 Staff for the purpose of having such violation or threatened 5 violation discontinued or prevented, either by mandamus, 6 injunction, or other appropriate relief, and in such action or 7 proceeding it shall be permissible to join such other persons or 8 corporations as parties thereto as may be reasonably necessary to 9 make the order of the Court court in all respects effective.” 10 11 SECTION 96. Section 58-11-530 of the 1976 Code is amended 12 to read: 13 14 “Section 58-11-530. Any investigation, inquiry, or hearing 15 which the commission has power to undertake or hold may be 16 undertaken or held by or before any one or more of the 17 commissioners, upon condition, however, that such the 18 commissioner or commissioners shall have been authorized by the 19 commission to undertake or hold such investigation, inquiry, or the 20 hearing. Any determination, ruling, or order of a commissioner or 21 commissioners, upon any such investigation, inquiry or hearing, 22 shall not become effective until due notice has been given to the 23 commission and the Office of Regulatory Staff and has been 24 approved and confirmed by at least a quorum of the commission 25 and ordered to be filed in its office; provided, that any such 26 determination involving the fixing or regulation of general 27 schedule of rates shall not become effective until due notice has 28 been given the radio common carrier concerned and an opportunity 29 has been given such carrier to be heard before, and the same has 30 been approved and confirmed by, at least a quorum of the 31 commission. Upon such confirmation and order, such 32 determination, ruling, or order shall be the determination, ruling, 33 or order of the commission. In any investigation, inquiry, or 34 hearing now pending or which may hereafter be instituted, the 35 commission is hereby authorized to employ a special agent or 36 examiner hearing officer who shall have power to administer 37 oaths, examine witnesses, and receive evidence in any locality 38 which the commission, having regard to the public convenience 39 and the proper discharge of its functions and duties, may designate. 40 The testimony and evidence so taken or received shall have the 41 same force and effect as if taken or received by the commission, or 42 any one or more of the commissioners as above provided.” 43

1 [1082] 58 1 SECTION 97. Section 58-11-580 of the 1976 Code is amended 2 to read: 3 4 “Section 58-11-580. The enumeration of the powers of the 5 commission and the Office of Regulatory Staff as herein set forth 6 shall not be construed to exclude the exercise of any power which 7 the commission and the Office of Regulatory Staff would 8 otherwise have under the provisions of law.” 9 10 SECTION 98. The last paragraph of Section 58-11-600 of the 11 1976 Code is amended to read: 12 13 “All cost-shared systems shall annually report to the Public 14 Service Commission and the Office of Regulatory Staff a record of 15 all compensation received from or charged to users of the system.” 16 17 SECTION 99. Section 58-13-430 of the 1976 Code is amended 18 to read: 19 20 “Section 58-13-430. All common carriers doing business in 21 this State shall settle their freight charges according to the rate 22 stipulated in the bill of lading if the rate therein stipulated be in 23 conformity with the classifications and rates made and filed with 24 the Interstate Commerce Commission, in case of shipments from 25 without this State, and with those of the Public Service 26 Commission and the Office of Regulatory Staff, in case of 27 shipments wholly within this State, by which classifications and 28 rates all consignees shall in all cases be entitled to settle freight 29 charges with such carriers.” 30 31 SECTION 100. Section 58-15-940 of the 1976 Code, as amended 32 by Act 331 of 1982, is further amended to read: 33 34 “Section 58-15-940. The fiscal year for which reports shall be 35 made by railroad companies in the State to the Public Service 36 Commission Office of Regulatory Staff and to other officers of the 37 State shall terminate on the thirty-first day of December, so as to 38 conform to the calendar year and to the fiscal year as fixed by the 39 Interstate Commerce Commission of the United States.” 40 41 SECTION 101. Section 58-15-950 of the 1976 Code, as amended 42 by Act 331 of 1982, is further amended to read: 43

1 [1082] 59 1 “Section 58-15-950. All reports required by law to be made by 2 railroad companies to the Public Service Commission Office of 3 Regulatory Staff or to other officers of the State at specified times 4 and based upon the operations of such railroad companies for the 5 fiscal year preceding such reports shall be made after the 6 thirty-first day of December of every year.” 7 8 SECTION 102. Section 58-15-960 of the of the 1976 Code is 9 amended to read: 10 11 “Section 58-15-960. All annual reports required to be filed with 12 the Public Service Commission Office of Regulatory Staff by 13 railroads doing business in this State shall be filed with the 14 Commission Office of Regulatory Staff within three months after 15 the close of the year for which the report is made. But the 16 Commission Office of Regulatory may, upon sufficient cause 17 being shown, extend the time for the filing of such reports for a 18 period not exceeding ninety days.” 19 20 SECTION 103. Section 58-15-1140 of the 1976 Code is amended 21 to read: 22 23 “Section 58-15-1140. Each act done in violation of such Act to 24 Regulate Commerce, its amendments or orders of said 25 Commission, and each separate failure to obey the same or 26 discrimination, preference, or overcharge to each separate person 27 shall constitute, both as to the railroad company offending or such 28 officers, agents, or employees, separate offenses hereunder and 29 render the corporation or person offending liable to successive 30 indictments and punishment therefor.” 31 32 SECTION 104. Section 58-15-1520 of the of the 1976 Code is 33 amended to read: 34 35 “Section 58-15-1520. The commission upon complaint shall 36 investigate petition may request the Office of Regulatory Staff to 37 investigate crossings and may require that any necessary crossing 38 be made either above or below grade, so as to avoid, as far as 39 possible, any grade crossings.” 40 41 SECTION 105. Section 58-15-1700 of the 1976 Code is amended 42 to read: 43

1 [1082] 60 1 “Section 58-15-1700. Whenever any railroad company shall be 2 required by an order of a department or subdivision to provide a 3 grade separation structure, as specified herein, and shall be of the 4 opinion that such grade separation is not a public necessity, it may 5 within ten days after receipt of such order, appeal to the Public 6 Service Commission and the commission within twenty days 7 thereafter shall hold a public hearing and determine the public 8 necessity for such grade separation. From any order of the 9 Commission commission in the premises either party shall have 10 the right to appeal to the courts, as provided by statute in matters 11 within the jurisdiction of the commission. The commission shall 12 not be a party to an appeal. But The provisions of this section 13 shall not apply to orders of the State Highway Commission.” 14 15 SECTION 106. Section 58-15-1710 of the 1976 Code is amended 16 to read: 17 18 “Section 58-15-1710. Any railroad company may appeal to the 19 courts from any order or finding of any department or subdivision 20 hereunder, such the appeal to be taken in the manner provided by 21 statute for an appeal from an order of the Public Service 22 Commission. The commission shall not be a party to any appeal.” 23 24 SECTION 107. Section 58-17-110 of the 1976 Code is amended 25 to read: 26 27 “Section 58-17-110. If any railroad company shall neglect or 28 refuse neglects or refuses to comply with the provisions of the 29 General Railroad Law or with the rules and regulations prescribed 30 by the commission within the limits of its authority, such the 31 company shall be is subject to a writ of mandamus, to be issued by 32 any justice of the Supreme Court or circuit court judge, upon 33 application of the Commission Office of Regulatory Staff, to 34 require compliance with such the laws or such the rules and 35 regulations and failure to comply with such the writ of mandamus 36 shall be punishable as for contempt. And for any wilful violation 37 of any such laws or failure to comply with the requirements of 38 such the rules or regulations the court may award such costs and 39 counsel fees, on the return of such the writ and after due 40 deliberation thereon, as may be just.” 41 SECTION 108. Section 58-17-140 of the 1976 Code is amended 42 to read: 43

1 [1082] 61 1 “Section 58-17-140. The Commission Office of Regulatory 2 Staff shall make an annual report to the General Assembly of its 3 official acts, including such statements, facts, and explanations as 4 will disclose the actual working of the system of railroad 5 transportation in its bearing upon the business and prosperity of the 6 State, and such suggestions as to the general railroad policy of the 7 State or any part thereof or as to the condition, affairs, or conduct 8 of any of the railroad corporations as may seem to it appropriate, 9 with a special report of all accidents, and the causes thereof, for the 10 preceding year. It shall also recommend such legislation as in its 11 judgment may be necessary to secure just and reasonable rates for 12 the transportation of passengers and freights and for the prevention 13 of unjust discrimination. The annual report shall must be 14 transmitted to the Governor President of the Senate and the 15 Speaker of the House of Representatives on or before the second 16 Monday in November in each year, to be laid before the General 17 Assembly.” 18 19 SECTION 109. Section 58-17-150 of the 1976 Code is amended 20 to read: 21 22 “Section 58-17-150. (A) Whenever, in the judgment of the 23 Commission Office of Regulatory Staff, it shall appear that repairs 24 are necessary upon any such railroad or that any addition to the 25 rolling stock or any enlargement of, or improvement in, the 26 stations or station houses, any modification in the rates of fare for 27 transporting freight or passengers or any change in the mode of 28 operating the road and conducting its business is reasonable and 29 expedient in order to promote the security, convenience, and 30 accommodation of the public, the Commission Office of 31 Regulatory Staff shall give information in writing to the 32 corporation of the repairs, additions, improvements, or changes 33 which it adjudges to be proper. If the company shall fail, within 34 sixty days, to adopt the suggestions of the Commission Office of 35 Regulatory Staff, it shall take legal proceedings as it may deem 36 expedient and may call upon the Attorney General to institute and 37 conduct such proceedings. The power herein conferred upon the 38 Commission Office of Regulatory Staff shall be sufficient to 39 require of common carriers the establishment and maintenance of 40 terminal facilities, the extension of pass tracks, sidetracks, and 41 other than industrial tracks and all other improvements and 42 changes which seem reasonable and expedient to the Commission 43 Office of Regulatory Staff.

1 [1082] 62 1 (B) Any railroad subject to the jurisdiction of the commission 2 may retire any team track within this State upon showing that the 3 track has not been used for at least two years. Before any track is 4 retired for nonuse, the railroad shall give thirty days’ written notice 5 to the commission and to the Office of Regulatory Staff . The 6 notice must be accompanied by a fee of fifty dollars and an 7 affidavit of the railroad’s agent or employee having personal 8 knowledge of the fact that the track has not been used by the 9 public during the two-year period immediately preceding the 10 retirement date of the track.” 11 12 SECTION 110. Section 58-17-170 of the 1976 Code is amended 13 read: 14 15 “Section 58-17-170. The Commission Office of Regulatory 16 Staff shall have the general supervision of all railroads and 17 railways in this State operated by steam and shall must examine 18 them and keep informed as to their condition and the manner in 19 which they are operated, with reference to the security and 20 accommodation of the public and the compliance of the several 21 corporations with the provisions of their charters and the laws of 22 the State and the Commission. The Office of Regulatory Staff 23 shall enforce the provisions of this chapter.” 24 25 SECTION 111. Section 58-17-180 of the 1976 Code is amended 26 to read: 27 28 “Section 58-17-180. Whenever in the judgment of the 29 Commission Office of Regulatory Staff it shall appear that any 30 such corporation has violated any law or neglected, in any respect 31 or particular, to comply with the terms of its charter or with the 32 provisions of any of the laws of the State, especially in regard to 33 connections with other railroads, its rates of toll, or its time 34 schedule, the Commission Office of Regulatory Staff shall give 35 notice thereof in writing to such corporation and if the violation or 36 neglect is continued after such notice the Commission Office of 37 Regulatory Staff shall make application to a circuit court or a 38 judge thereof in vacation for an injunction to restrain the company 39 complained of from further continuing to violate the law or the 40 terms of its charter or for a writ of mandamus as provided in 41 Section 58-17-110.” 42

1 [1082] 63 1 SECTION 112. Section 58-17-190 of the 1976 Code is amended 2 to read: 3 “Section 58-17-190. Upon the complaint and application 4 petition of the mayor and aldermen or council of any city or town 5 or the governing body of any county within which any part of any 6 such railroad is located, the commission shall request the Office of 7 Regulatory Staff to make an examination of the condition and 8 operation thereof. Before proceeding to make such the 9 examination in accordance with such application, the Commission 10 Office of Regulatory Staff shall give to the applicant petitioner and 11 the railroad corporation reasonable notice, in writing, of the time 12 and place of entering upon it.” 13 14 SECTION 113. Section 58-17-200 of the 1976 Code is amended 15 to read: 16 17 “Section 58-17-200. If, upon such examination, it shall appear 18 to the Commission Office of Regulatory Staff that the complaint 19 matter alleged by the applicant petitioner is well founded, it shall 20 so adjudge and shall must inform the corporation operating such 21 the railroad of its adjudication in the manner provided in Section 22 58-17-180. If the company fails for sixty days after such notice to 23 remove the cause of such complaint the petition, the Commission 24 Office of Regulatory Staff shall make a report thereof to the 25 General Assembly for such any action as it may deem consider 26 expedient or, if there be necessity for prompt action, it may take 27 such any legal proceedings as may be proper and the Attorney 28 General Office of Regulatory Staff shall institute and conduct such 29 the proceedings.” 30 31 SECTION 114. Section 58-17-320 of the 1976 Code is amended 32 to read: 33 34 “Section 58-17-320. Should any such person mentioned in 35 Section 58-17-310 fail to reorganize such company as provided by 36 said section, within the time therein limited, such person shall pay 37 a penalty of fifty dollars per day for each and every day they shall 38 fail to operate such railroad, this penalty to be collected by the 39 Public Service Commission Office of Regulatory Staff. But the 40 penalty herein provided shall not attach when reasonable cause for 41 failure to operate can be shown. 42 Any person shall, in addition to the penalty above provided, 43 forfeit all of his franchises, powers, and privileges.”

1 [1082] 64 1 2 SECTION 115. Section 58-17-930 of the 1976 Code is amended 3 to read: 4 5 “Section 58-17-930. The Commission Office of Regulatory 6 Staff shall have, at all times, access to the list of stockholders of 7 every corporation operating a railroad and may, in its discretion, at 8 any time, cause the list to be copied, in whole or in part, for its 9 own information or for the information of persons owning stock in 10 such corporation.” 11 12 SECTION 116. Section 58-17-940 of the 1976 Code is amended 13 to read: 14 15 “Section 58-17-940. On the application in writing of a director 16 or of any person or persons owning one-fiftieth part of the entire 17 paid-in capital stock of any corporation operating a railroad or the 18 bonds or other evidences of indebtedness of such the corporation 19 equal in amount to one-fiftieth part of its paid-in capital stock, the 20 Commission shall Office of Regulatory Staff must make an 21 examination into the books of such the corporation.” 22 23 SECTION 117. Section 58-17-1320 of the 1976 Code is amended 24 to read: 25 26 “Section 58-17-1320. No A railroad shall not be constructed to 27 cross another railroad at the same level therewith or across 28 navigable or tidewaters without the consent, in writing, of the 29 Public Service Commission Office of Regulatory Staff, nor except 30 in such the manner as it shall prescribe the Office of Regulatory 31 Staff prescribes. It shall be is unlawful for any corporation 32 proceeding to construct a branch or extension or otherwise to take 33 any proceedings contemplating a new crossing of one railroad with 34 another, at the same level therewith, unless such the crossing shall 35 first have has been approved, in advance and in writing, by the 36 Commission and the preliminary Office of Regulatory Staff. 37 Preliminary approval of any crossing plan for such crossing shall 38 always be made is subject to revision by the Commission Office of 39 Regulatory Staff. The court of common pleas shall have full 40 equity jurisdiction of the provisions of this section.” 41 42 SECTION 118. Article 13, Chapter 17, Title 58 of the 1976 Code 43 is amended to read:

1 [1082] 65 1 2 “Section 58-17-1610. Each railroad company chartered by this 3 State shall be is required to file in the office of the Public Service 4 Commission the Office of Regulatory Staff, on or before the 5 thirty-first day of March in each year, a full and detailed schedule 6 and report of the condition and operations of the road for the 7 current year ending on the thirty-first day of December then 8 immediately preceding. Such The schedule and report shall must 9 be made in accordance with the following rules and form: 10 (1) All liabilities, including interest accrued on funded debt, 11 shall must be entered upon the books in the month when they were 12 incurred, without reference to the date of payment;. 13 (2) Expenses shall must be charged each month with such 14 supplies, materials and similar articles as have been used during 15 that month, without reference to the time when they were 16 purchased or paid for;. 17 (3) No expenditure shall must be charged to property accounts 18 except it be for actual interest during construction, equipment or 19 other property, unless it is made on old work in such a way as 20 clearly to increase the value of the property over and above the 21 cost of renewing the old work and in such cases only the amount 22 of increased cost shall must be charged, and the amount allowed 23 on account of the old work shall must be stated;. 24 (4) Mileage of passenger and freight trains shall must include 25 only the miles shown to be run by distances between stations and 26 allowances made to passenger or freight trains for switching and 27 all mileage of switch engines, computed on a basis of eight miles 28 per hour for the time of actual service, shall must be stated 29 separately;. 30 (5) Season ticket passengers shall must be computed on the 31 basis of twelve passengers per week for the time of each ticket; 32 and. 33 (6) Local traffic shall must include all passengers carried on 34 local tickets and all freight carried at local tariff or special local 35 rates and all other traffic shall must be considered through. 36 These rules shall be are subject to such any changes thereof as 37 may be made upon petition by the Office of Regulatory Staff by 38 the Public Service Commission under the authority conferred on it 39 by Section 58-17-1900. 40 41 Section 58-17-1620. The Commission shall Office of 42 Regulatory Staff must require the annual reports to be made by 43 railroad companies in manner and form and at the time provided

1 [1082] 66 1 for herein and may require reports to be made of such other 2 matters as it may deem expedient. It The Office of Regulatory 3 Staff may, from time to time, make such changes as it may deem 4 considers proper in the form of report herein prescribed, giving the 5 corporations one year’s notice of any such changes or additions as 6 that require any alterations in the method or form of keeping their 7 accounts. And the Commission The Office of Regulatory Staff 8 shall, on or before the first day of June in each year, furnish to the 9 several railroads blank forms of such any reports. When the report 10 received from any corporation is defective or probably erroneous, 11 the Commission shall Office of Regulatory Staff must notify the 12 corporation to amend it within fifteen days. The originals of the 13 report or reports, as amended, subscribed and sworn to by the 14 officers of the corporation, shall must be preserved in the office of 15 the Commission Office of Regulatory Staff. The Commission 16 shall Office of Regulatory Staff must prepare such tables and 17 abstracts of all the returns it shall deem considers expedient. 18 19 Section 58-17-1630. Every railroad company owning or 20 operating a line of railroad situated in whole or in part within the 21 limits of this State shall must deposit with the commissioners 22 Office of Regulatory Staff a list containing the names and 23 residences of the president and board of directors of the railroad 24 company owning or operating such the line of railroad. 25 26 Section 58-17-1640. Every railroad corporation shall must at 27 all times, on request, furnish the Commission Office of Regulatory 28 Staff any information required by it concerning the condition, 29 management, and operation of its railroad and particularly with 30 copies of time tables and the rates of transporting freight and 31 passengers upon its road and other roads with which its business is 32 connected. 33 34 Section 58-17-1650. The Commission Office of Regulatory 35 Staff may make and propound to any of the railroad companies of 36 this State any interrogatories additional to those contained in the 37 schedule and report herein provided for, which shall must be 38 answered by such the companies in the same manner. 39 40 Section 58-17-1660. The Commission Office of Regulatory 41 Staff shall must, when necessary, investigate so much of the books 42 and papers of the railroad companies doing business in this State 43 as it may think proper, ascertain if the rules and regulations of the

1 [1082] 67 1 commission have been complied with, and make personal 2 visitations of railroad offices, stations, and other places of business 3 for the purpose of examination and. The Public Service 4 Commission must make rules and regulations concerning such the 5 examinations, which rules and regulations shall must be observed 6 and obeyed as other rules and regulations of the commission. 7 8 Section 58-17-1670. The Commission Office of Regulatory 9 Staff may examine all agents and employees of such railroad 10 companies and other persons under oath and otherwise, in order to 11 procure the necessary information to make just and reasonable 12 rates of freight and passenger tariffs, and to ascertain if such rules 13 and regulations are observed or violated and to make propose to 14 the commission necessary and proper rules and regulations 15 concerning such the examinations. Such The rules and regulations 16 herein provided for shall must be obeyed and enforced as all other 17 rules and regulations provided for in this chapter. 18 19 Section 58-17-1680. The Commission Office of Regulatory 20 Staff, in making any an examination for the purpose of obtaining 21 information pursuant to this chapter, may issue may obtain from 22 the commission subpoenas for the attendance of witnesses 23 pursuant to such rules as it the commission may prescribe and such 24 the witnesses shall must receive from the State Treasury for such 25 attendance one dollar per day and five cents per mile traveled by 26 the nearest practical route in going to and returning from the place 27 of meeting of the Commission Office of Regulatory Staff, to be 28 ordered paid by the Comptroller General upon presentation of 29 subpoenas by the witnesses as to the number of days served and 30 miles traveled sworn to before the clerk of the Commission Office 31 of Regulatory Staff. In case any person shall wilfully fail or refuse 32 wilfully fails or refuses to obey any such a subpoena, any circuit 33 judge of the court of common pleas and general sessions of any 34 county, upon application of the Commission, shall Office of 35 Regulatory Staff, must issue an attachment for such the witness 36 and compel him to attend before the Commission and give his 37 testimony upon such matters as shall be lawfully required by the 38 Commission Office of Regulatory Staff. And such A circuit judge 39 may punish for contempt as in other cases of refusal to obey the 40 process or order of the court. 41 42 Section 58-17-1690. Every officer, agent, or employee of any 43 railroad company who shall wilfully neglect or refuse wilfully

1 [1082] 68 1 neglects or refuses to make and furnish any report required by the 2 commission as necessary to the purposes of this chapter or who 3 shall wilfully and unlawfully hinder, delay or obstruct the 4 Commission wilfully hinders, delays, or obstructs the commission 5 in the discharge of the duties imposed upon it shall forfeit and pay 6 a sum of not less than one hundred dollars nor more than one 7 thousand dollars for each offense, to be recovered in any action in 8 the name of the State as provided in Section 58-17-3940.” 9 10 SECTION 119. Section 58-17-1850 of the 1976 Code is amended 11 to read: 12 13 “Section 58-17-1850. The commission shall must make for each 14 of the railroad corporations doing business in this State, as soon as 15 practicable, a schedule of just and reasonable rates of charges for 16 transportation of passengers and freight cars on each of such the 17 railroads and such. When a lawsuit involves a railroad 18 corporation’s charges for the transportation of passengers, freight, 19 or cars or unjust discrimination in relation to these charges, the 20 schedule shall, in suits brought against any such railroad 21 corporation wherein is involved the charges of any such railroad 22 corporation for the transportation of any passenger or freight or 23 cars, or unjust discrimination in relation thereto, be deemed and 24 taken considered in all of the courts of this State as sufficient 25 evidence that the rates therein fixed are just and reasonable rates of 26 charges for the transportation of passengers, freights, and cars 27 upon such the railroad when such the schedules have been 28 prepared and published as aforesaid for all the railroad companies 29 organized under the laws of this State as provided in this section. 30 The commission must not be a party to any lawsuit.” 31 32 SECTION 120. Section 58-17-1900 of the 1976 Code is amended 33 to read: 34 35 “Section 58-17-1900. All contracts and agreements between 36 railroad companies doing business in this State as to rates of 37 freight and passenger tariffs shall must be submitted to the 38 Commission Office of Regulatory Staff for inspection and 39 correction, that it may be seen whether or not they are in violation 40 of the law, of the provisions of the Constitution or of the rules and 41 regulations of the commission, and all arrangements and 42 agreements whatever as to the division of earnings of any kind by 43 competing railroad companies doing business in this State shall be

1 [1082] 69 1 submitted to the Commission Office of Regulatory Staff for 2 inspection and approval, in so far as they affect rules and 3 regulations made by the commission to secure to all persons doing 4 business with such companies just and reasonable rates of freight 5 and passenger tariffs and so far as they are affected by any of the 6 provisions contained in this chapter for securing to all persons just, 7 equal and reasonable facilities for the transportation of freight and 8 passengers. The commission may make such rules and regulations 9 as to such contracts and agreements as may be then deemed 10 considered necessary and proper. Any such agreements not 11 approved by the commission or by virtue of which rates shall be 12 charged exceeding the rates fixed for freight and passengers shall 13 be violations of this chapter and shall be illegal are unlawful and 14 void.” 15 16 SECTION 121. Section 58-17-1910 of the 1976 Code is amended 17 to read: 18 19 “Section 58-17-1910. If any such contract, agreement, or 20 arrangement shall is, in the opinion of the Commission Office of 21 Regulatory Staff, in any way be in violation of any of the 22 provisions of this chapter, the Commission shall forthwith Office 23 of Regulatory Staff must notify the railroad companies in writing 24 of its objections thereto, specifying such its objections. If, within 25 five days after receipt of the notice, the railroad companies shall 26 fail or neglect, within five days after receipt of such notice, to 27 amend and alter such the contract, agreement, or arrangement in a 28 manner satisfactory to the Commission Office of Regulatory Staff, 29 the Commission shall thereupon call upon the Attorney General to 30 Office of Regulatory Staff must institute and conduct such any 31 legal proceedings as may be necessary to enforce the penalties 32 prescribed in this chapter for such violations of its provisions.” 33 34 SECTION 122. Section 58-17-2000 of the 1976 Code is amended 35 to read: 36 37 “Section 58-17-2000. It shall be is unlawful for any such 38 railroad to charge or receive any greater compensation for 39 carrying, receiving, storing, forwarding, or handling articles of the 40 same character and description for a shorter than a longer distance 41 in one continuous carriage; provided, that: 42 (1) Nothing in the General Railroad Law contained shall be 43 construed so as to require any corporation or combination of

1 [1082] 70 1 corporations to regulate their charges for shorter distances by their 2 proportion of through rates between terminal or junctional 3 competitive points;. 4 (2) If one corporation should use, operate uses, operates, or 5 otherwise control controls, wholly or in part, several lines or 6 divisions of theretofore independent railroads within the State, the 7 Public Service Commission may in its discretion, jointly with such 8 corporations, fix different rates of toll or compensation for freight 9 traffic on each of such previously independent lines or divisions; 10 and. 11 (3) The commission, jointly with the railroad companies, may 12 make special rates for the purpose of developing all 13 manufacturing, mining, milling, and internal improvements in this 14 State.” 15 16 SECTION 123. Section 58-17-2030 of the 1976 Code is amended 17 to read: 18 19 “Section 58-17-2030. All the provisions of this Title title 20 prescribing the procedure of the commission in fixing freight and 21 passenger tariffs, hearing complaints petitions of carriers and 22 shippers, and altering and amending such tariffs shall apply to the 23 subject of fixing and amending rates and charges for storage.” 24 25 SECTION 124. Section 58-17-2090 of the 1976 Code is amended 26 to read: 27 28 “Section 58-17-2090. When any common carrier shall charge 29 charges more than the legal rate of transportation applying to any 30 goods, commodities, livestock, or any other kind of property, as 31 shown by any rates fixed by law or by the tariffs filed with the 32 Office of Regulatory Staff and approved by the Public Service 33 Commission or, in the case of interstate transportation, by the 34 Interstate Commerce Commission, as required by law, the 35 consignee or owner and holder of a bill of lading, or the owner of 36 such any property transported, who may have paid such the illegal 37 charge shall have has the right to recover in any court of competent 38 jurisdiction any such the amount as may have been paid in excess 39 of the legal rate applying to such the property and such the person 40 shall not be defeated of a recovery on account of the fact that such 41 the payment may have been made voluntarily. But no actions an 42 action shall not be maintained hereunder until after thirty days

1 [1082] 71 1 from demand upon such the common carrier for the repayment of 2 such the excess charges.” 3 4 SECTION 125. Section 58-17-2350 of the 1976 Code of the 1976 5 Code is amended to read: 6 7 “Section 58-17-2350. All railroad track and platform scales 8 which are used in connection with shipping are hereby placed 9 under the jurisdiction of the Public Service Commission Office of 10 Regulatory Staff for inspection and it may require the installation 11 or replacement of scales when needed. A failure or refusal to carry 12 out the instructions of the Commission Office of Regulatory Staff 13 in reference to such the scales shall be punished by a penalty of 14 two hundred dollars for each refusal to be recovered by suit in any 15 court of competent jurisdiction by any person aggrieved. Any sum 16 so recovered shall must be turned into the State Treasury for 17 general use.” 18 19 SECTION 126. Section 58-17-2680 of the 1976 Code is amended 20 to read: 21 22 “Section 58-17-2680. In building such connecting line the right 23 is granted, under the supervision of the Commission Office of 24 Regulatory Staff, to run across or along any existing track at 25 grade.” 26 27 SECTION 127. Section 58-17-3030 of the 1976 Code is amended 28 to read: 29 30 “Section 58-17-3030. The Public Service Commission shall 31 Office of Regulatory Staff must, from time to time, examine into 32 the schedules of all the railroads in this State for the carriage of 33 passengers, with a view to ascertaining if such the roads can 34 reasonably make close connection with intersecting roads and 35 wherever, in its opinion, such close connection can be made 36 without injustice or material injury to any such road it shall make 37 the appropriate orders to require such connection. And, the better 38 to better secure connections, upon petition of the Office of 39 Regulatory Staff, the commission may require all persons 40 operating railroads, except such as may be those in the hands of 41 receivers, to run at least one unmixed daily passenger train each 42 way over such the railroad and may likewise require such those 43 persons to furnish to the traveling public facilities for passage over

1 [1082] 72 1 such the railroads twice each way daily. From any such order of 2 the Commission any A road may appeal an order of the 3 commission as in cases of appeals from inferior courts.” 4 5 SECTION 128. Section 58-17-3080 of the 1976 Code is amended 6 to read: 7 8 “Section 58-17-3080. Every railroad company owning or 9 operating a railroad in this State shall erect and keep at every 10 office where tickets are sold for travel over its road two good 11 rooms or apartments of reasonable size for the amount of travel at 12 such office, which shall must be furnished with comfortable seats 13 for the accommodation of passengers. Such The rooms shall must 14 be in charge of an employee of such the company and kept open at 15 such hours as to accommodate passengers traveling over such the 16 road on any of its passenger trains. The Commission shall Office 17 of Regulatory Staff must enforce the provisions of this section.” 18 19 SECTION 129. Section 58-17-3090 of the 1976 Code is amended 20 to read: 21 22 “Section 58-17-3090. The Public Service Commission may 23 require all railroads at junctional points, and at such other points as 24 the travel and public interest in its judgment shall justify in this 25 State, to erect union or other depots for the convenience and 26 accommodation of the public and if any railroad company shall 27 refuse or fail refuses or fails so to do, when required by the 28 commission within the time specified by the commission, it shall 29 forfeit and pay a sum of not less than fifty dollars per day after the 30 expiration of time as set forth in the order or circular of the 31 Commission commission, to be recovered in an action in any 32 county in this State in which such violation has occurred in the 33 name of the State. The Commission Office of Regulatory Staff 34 shall institute such action through the Attorney General or any of 35 the solicitors of the State any action.” 36 37 SECTION 130. Section 58-17-3120 of the 1976 Code is amended 38 to read: 39 40 “Section 58-17-3120. All railroad companies operating 41 passenger trains or coaches by steam, within or through this State, 42 shall must put cinder deflectors or wire screens that will effectually 43 keep cinders from engines from entering cars upon all windows of

1 [1082] 73 1 passenger coaches, so as to protect passengers when the windows 2 are raised. Such The deflectors shall must extend from the bottom 3 of windows the entire length and three inches above the top of the 4 sash and shall must be six inches wide and permanently fastened to 5 each outside edge of each window. Any railroad company 6 refusing or neglecting to comply with the provisions of this section 7 shall be is subject to a penalty of not less than five hundred dollars 8 nor more than one thousand dollars for each coach not screened as 9 required by this section, to be recovered by the Attorney General 10 or any solicitor Office of Regulatory Staff at the request of any 11 person aggrieved by such refusal or neglect, for the benefit of the 12 State. The Public Service Commission shall see that Office of 13 Regulatory Staff must enforce this section is enforced.” 14 15 SECTION 131. Section 58-17-3310 of the 1976 Code is amended 16 to read: 17 18 “Section 58-17-3310. No A railroad or branch or extension of a 19 railroad shall hereafter must not be opened for public use until the 20 Public Service Commission Office of Regulatory Staff, after an 21 examination, shall certify certifies that all laws relating to the 22 construction thereof have been complied with and that the road 23 appears to be in a safe condition for operation, unless the 24 Commission shall Office of Regulatory Staff, after ten days’ 25 written notice to it by the railroad company of such proposed 26 opening, fail fails to make such an examination.” 27 28 SECTION 132. Section 58-17-3350 of the 1976 Code is amended 29 to read: 30 31 “Section 58-17-3350. Every railroad corporation shall must 32 equip each of its trains, for use in case of accident, with such tools 33 and appliances as the Public Service Commission Office of 34 Regulatory Staff may direct.” 35 36 SECTION 133. Section 58-17-3360 of the 1976 Code is amended 37 to read: 38 39 “Section 58-17-3360. All railroad carriers shall must equip 40 trainmen in their employ engaged in switching and train 41 movements in intrastate commerce in this State with electric hand 42 lanterns, of a type approved by the Public Service Commission 43 Office of Regulatory Staff, containing at least one extra bulb

1 [1082] 74 1 capable of being immediately lighted in case of failure of the main 2 bulb. The use by any railroad carrier of oil lanterns in connection 3 with such movements is hereby prohibited. Any railroad carrier 4 violating any of the provisions of this section shall must be 5 punished by a fine not less than twenty-five dollars nor more than 6 one hundred dollars and each day during which any flagrant 7 violation shall continue shall constitute continues constitutes a 8 separate offense.” 9 10 SECTION 134. Section 58-17-3410 of the 1976 Code is amended 11 to read: 12 13 “Section 58-17-3410. All railway companies having railroad 14 shops in this State at division points, where cars are regularly taken 15 out of trains for repairs or construction work or where other 16 railroad equipment is regularly made, repaired, or constructed, 17 shall must furnish or construct a building or shed in such the shops 18 or yards, with a suitable and sufficient roof over the repair and 19 construction track or tracks so as to provide that all men or 20 employees employed in the construction and repair of locomotives, 21 cars, trucks, or other railroad equipment, excepting except when 22 slight or minor repairs or repairs are done in an emergency, shall 23 must be under shelter and protected during snow, rain, sleet, hot 24 sunshine, and other inclement weather. The Public Service 25 Commission Office of Regulatory Staff may direct the points at 26 which sheds shall be erected and the character of the sheds after a 27 hearing before the Public Service Commission of which public 28 notice shall have has been given. Any railroad found guilty of 29 violating the provisions of this section shall be is subject to a fine 30 of fifty dollars per day for every day of such the violation.” 31 32 SECTION 135. Section 58-17-3440 of the 1976 Code is amended 33 to read: 34 35 “Section 58-17-3440. Every railroad corporation shall must 36 cause immediate notice of each accident, in such cases of accident 37 occurring on its road attended with injury to any person as the 38 Public Service Commission may, by rules and regulations adopted 39 by it, require, to be given to a physician most accessible to the 40 place of accident, the Office of Regulatory Staff, and to the 41 commission by telegraph, telephone, or such other means as may 42 be the quickest under the circumstances at the same time that 43 notice is given officials of the road on which the accident occurred.

1 [1082] 75 1 Any such A railroad corporation shall also give notice in like 2 manner of any accident falling within any description of accidents 3 of which the commission may by general regulation require notice 4 to be given. For each omission to give any such notice, any such a 5 corporation shall forfeit a sum not exceeding five hundred dollars.” 6 7 SECTION 136. Section 58-17-3450 of the 1976 Code is amended 8 to read: 9 10 “Section 58-17-3450. The Commission Office of Regulatory 11 Staff shall investigate the cause of any accident on a railroad 12 resulting in loss of life and of any accident not so resulting which, 13 in its judgment, shall require requires investigation.” 14 15 SECTION 137. Section 58-17-3460 of the 1976 Code is amended 16 to read: 17 18 “Section 58-17-3460. Every railroad corporation shall must 19 furnish immediate transportation for the Commission Office of 20 Regulatory Staff over its line to the place of accident occurring on 21 its road and attended with any injury to any person of which it is 22 required to give notice under the provisions of Section 58-17-3440, 23 free of expense to the Commission Office of Regulatory Staff and, 24 if the Commission Office of Regulatory Staff uses another railroad 25 to reach the place of accident, the corporation on whose line the 26 accident occurred shall must pay the expense of transportation 27 thereon.” 28 29 SECTION 138. Section 58-17-3930 of the 1976 Code is amended 30 to read: 31 32 “Section 58-17-3930. Any railroad in this State refusing to obey 33 any order of the Public Service Commission made under this 34 chapter shall must forfeit not less than the sum of five hundred 35 dollars nor more than two thousand dollars, to be recovered by the 36 suit of the Commission Office of Regulatory Staff in a suit in the 37 court of common pleas. Such Any sum, if recovered, shall must 38 go to the general fund of this State.” 39 40 SECTION 139. Section 58-17-3940 of the 1976 Code is amended 41 to read: 42

1 [1082] 76 1 “Section 58-17-3940. If any railroad company doing business in 2 this State, by its agents or employees, shall be is guilty of a 3 violation of the rules and regulations provided and prescribed by 4 the commission and if, after due notice of such a violation given 5 by the Office of Regulatory Staff to the principal officer thereof, 6 ample and full recompense for the wrong or injury done thereby to 7 any person as may be directed by the Commission Office of 8 Regulatory Staff, shall is not be made within thirty days from the 9 time of such the notice, such the company shall incur a penalty for 10 each offense of not less than one thousand dollars nor more than 11 five thousand dollars, to be fixed by the presiding judge. An 12 action for recovery of such any penalty shall lie in any county in 13 the State in which such the violation has occurred or such the 14 wrong has been perpetrated and shall be in the name of the State. 15 The Commission shall Office of Regulatory Staff must institute 16 such any action through the Attorney General or any of the 17 solicitors of this State.” 18 19 SECTION 140. Section 58-17-3980 of the 1976 Code is amended 20 to read: 21 22 “Section 58-17-3980. If any person shall do, suffer or permit to 23 be done commits or allows to be committed any act, matter, or 24 thing in this chapter declared to be unlawful, shall omit omits to do 25 any act, matter, or thing in this chapter required to be done, or shall 26 be is guilty of any violation of any of the provisions of this 27 chapter, such that person shall must, when no specific penalty is 28 herein provided for such the violation, forfeit and pay to the person 29 who may sustain damage thereby a sum equal to three times the 30 amount of the damages so sustained, to be recovered by the person 31 so damaged by suit in the circuit court of any county in this State 32 in which the person causing such the damage can be found or may 33 have an agent, office, or place of business. But in any such the 34 case of recovery, the damage shall not be assessed at a less sum 35 than two hundred and fifty dollars. And the person so offending 36 shall, for each offense, forfeit and pay a penalty of not less than 37 one thousand dollars, to be recovered by the State by action in any 38 such circuit court to be brought by the Attorney General Office of 39 Regulatory Staff upon the request of the Public Service 40 Commission.” 41 42 SECTION 141. Section 58-17-4140 of the 1976 Code is amended 43 to read:

1 [1082] 77 1 2 “Section 58-17-4140. All fines or forfeitures provided for or 3 prescribed in the General Railroad Law shall must, unless 4 otherwise expressly provided, be collected by an action to be 5 brought in the name of the State against the offending person or 6 corporation in any court of competent jurisdiction by the Attorney 7 General of this State Office of Regulatory Staff or the solicitor of 8 the circuit in which the offense is in whole or in part committed.” 9 10 SECTION 142. Section 58-17-4170 of the 1976 Code is amended 11 to read: 12 13 “Section 58-17-4170. Whenever any of the a railroad 14 corporations corporation of this State have has repeatedly and 15 wilfully violated any of the provisions of this chapter, and have has 16 been found guilty or judgment had against them it within this State 17 of such the violation more than once or penalties have been 18 recovered in penal actions for such the violations more than once, 19 the commission may, if it thinks it consistent with the public 20 interest, instruct the Attorney General Office of Regulatory Staff 21 to proceed against such the corporation, in any court of competent 22 jurisdiction, by an information in the nature of a quo warranto, 23 alleging such convictions or recoveries as cause of forfeiture of its 24 charter of incorporation and upon proof of such facts there shall be 25 judgment of ouster and final execution as in other cases of 26 proceedings by quo warranto.” 27 28 SECTION 143. Section 58-23-10 of the 1976 Code amended by 29 adding at the end: 30 31 “(8) The term ‘regulatory staff’ means the executive director or 32 the executive director and employees of the Office of Regulatory 33 Staff.” 34 35 SECTION 144. Section 58-23-40 of the 1976 Code is amended to 36 read: 37 38 “Section 58-23-40. No motor vehicle carrier shall hereafter 39 operate for the transportation of persons or property for 40 compensation on any improved public highway in this State 41 without first having obtained from the Commission the Office of 42 Regulatory Staff, under the provisions of Article 3 of this chapter, 43 a certificate and paid the license fee required by Article 5.”

1 [1082] 78 1 2 SECTION 145. Article 3, Chapter 23, Title 58 of the 1976 Code 3 is amended to read: 4 5 “Article 3 6 7 Issuance and Revocation of Certificates 8 9 Section 58-23-210. The Commission may grant Office of 10 Regulatory Staff, upon order of the commission, may issue six 11 classes of such certificates as are mentioned in Section 58-23-40 12 after application therefor has been made in writing by the owner of 13 the vehicles upon blanks provided by the commission and after 14 such hearing as the commission may deem consider proper. To the 15 granting of any certificate The commission shall must hear any 16 objections which may be filed thereto with the Commission by any 17 person or corporation who may be affected by any such grant the 18 issuance of a certificate by the Office of Regulatory Staff. The six 19 classes of certificates shall be respectively designated certificate A, 20 certificate B, certificate C, certificate D, certificate E, and 21 certificate F. 22 23 Section 58-23-220. The Commission may grant Office of 24 Regulatory Staff, upon order of the commission, may issue a 25 certificate A in the following cases: 26 (1) To to an applicant to operate in territory already served by 27 any certificate holder under this chapter or any common carrier 28 when the public convenience and necessity in such territory are not 29 already being reasonably served by some other certificate holder or 30 common carrier, provided such applicant purposes to operate on a 31 fixed schedule and to comply with the other provisions contained 32 in Articles 1 to 11 of this chapter and the rules and regulations 33 which may be made by the commission respecting holders of this 34 class of certificates; and 35 (2) To to an applicant for a certificate to operate upon a regular 36 schedule in a territory not already served by the holder of a 37 certificate A, when public convenience and necessity in such 38 territory are not being reasonably served by a certificate holder 39 under this chapter or a common carrier; provided, that when such a 40 certificate A is issued to an applicant over territory which is being 41 served at the time such certificate is granted by the holder of a 42 certificate B, the right of such the applicant to operate under 43 certificate A shall not begin until the expiration of the then license

1 [1082] 79 1 year of the holder of the certificate B and the holder of a certificate 2 B shall be preferred in granting a certificate A over such the route 3 unless in the judgment of the commission it would not be in the 4 interest of the public service. 5 In either such case the existence of a railroad or other motor 6 vehicle carrier in the territory sought to be served by the applicant 7 shall not be considered by the commission as good cause for 8 refusing the application. 9 10 Section 58-23-230. The Commission may grant Office of 11 Regulatory Staff, upon order of the commission, may issue a 12 certificate B when the applicant does not propose to operate 13 regularly upon a fixed schedule or route, but only desires to 14 operate over a particular route or routes which are not already 15 served by the holder of a certificate A, but will operate in instances 16 when by his solicitation or otherwise he has procured passengers to 17 be transported over the route or routes designated in his 18 application. In the granting of such ordering the issuance of a 19 certificate B, the commission may consider the public convenience 20 and necessity and whether the territory proposed to be served is 21 already served by a carrier. If the public convenience and 22 necessity require the granting issuance of more than one certificate 23 B over such route or routes, the commission may grant order the 24 issuance of an additional certificate B, but such the certificate may 25 be revoked by the Commission order of the commission at the end 26 of any license year as to any particular route or routes, if prior to 27 the expiration of such the year the commission has granted 28 commission has ordered the issuance of a certificate A over such 29 the route a certificate A. 30 31 Section 58-23-240. The Commission may grant Office of 32 Regulatory Staff, upon order of the commission, may issue a 33 certificate C to any applicant who does not propose in any way to 34 solicit the transportation of persons over improved public 35 highways outside of the corporate limits of any city or town or to 36 operate upon a regular schedule, but who is privately employed for 37 a specific trip and who will not solicit or receive patronage along 38 the route. But such those operators may solicit passengers (a) for 39 destination within the corporate limits of any city or town wherein 40 such passengers are solicited, (b) within a radius of two miles of 41 the corporate limits of the city or town in which he is they are 42 licensed to do business, and (c) upon such highways as are not 43 served by a holder of an A or B certificate.

1 [1082] 80 1 2 Section 58-23-250. The Commission may grant Office of 3 Regulatory Staff, upon order of the commission, may issue a 4 certificate D for property-carrying vehicles which will operate 5 upon regular routes and schedules over such highways. 6 7 Section 58-23-260. The Commission may grant Office of 8 Regulatory Staff, upon order of the commission, may issue a 9 certificate E for the property-carrying vehicles which will not 10 operate upon any particular route or schedule. 11 12 Section 58-23-270. The Commission may grant Office of 13 Regulatory Staff, upon order of the commission, may issue a 14 certificate F to any person or corporation who proposes to engage 15 in the business commonly known as contract hauling of freight or 16 property when such applicant does not propose to operate upon a 17 regular schedule or over a regular route or to solicit or receive 18 patronage along the route. 19 20 Section 58-23-280. The provisions of this chapter governing the 21 granting of certificates A and C shall apply to certificates D and E. 22 23 Section 58-23-290. In the granting ordering the issuance of a 24 certificate A, B, or D the commission may issue it order the 25 issuance of a certificate for partial exercise only of the privileges 26 sought, but without alteration of the license charges fixed thereon. 27 28 Section 58-23-300. The applicant for a class A, B, or D 29 certificate of public convenience and necessity shall have a notice 30 of the hearing on such the application published in one newspaper 31 of each county into or through which the proposed service would 32 operate, at least fifteen days before the date of such the hearing, 33 such notice to be in the form prescribed by the Commission 34 commission, and an affidavit of the publisher of such newspaper 35 giving the date of publication of such notice shall be filed with the 36 Commission commission by the applicant at the beginning of such 37 the hearing or prior thereto. 38 39 Section 58-23-310. The commission shall grant must order the 40 issuance of a certificate as a matter of right when it appears that 41 the applicant was operating in good faith on or before June 8, 42 1925, but was not operating immediately prior thereto or on said 43 that date because of impassable roads.

1 [1082] 81 1 2 Section 58-23-320. The commission may, at any time, by its 3 order, duly entered, after a hearing, order the suspension, 4 revocation, alteration, or amendment of any certificate issued 5 pursuant to Articles 1 through 11 of this chapter, if it is proved that 6 the holder of the certificate had upon notice to the holder of any 7 certificate hereunder at which such holder shall have had an 8 opportunity to be heard and at which time it shall be proved that 9 such holder has wilfully made any misrepresentation of a material 10 fact in obtaining his certificate or wilfully violated or refused to 11 observe the laws of this State touching motor vehicle carriers or 12 wilfully violated any of the terms of his certificate or of the 13 commission’s proper orders, rules, or regulations, suspend, revoke, 14 alter or amend any certificate issued under the provisions of 15 Articles 1 to 11 of this chapter. But the holder of such the 16 certificate shall have has the right of appeal to any court of 17 competent jurisdiction. The commission must not be a party to 18 any appeal. 19 20 Section 58-23-330. An applicant applying for a certificate or 21 applying to amend a certificate to operate as a motor vehicle 22 common carrier may be approved upon a showing based on criteria 23 established by the commission that the applicant is fit, willing, and 24 able to perform appropriately the proposed service. If an 25 intervenor shows or if the commission determines that the public 26 convenience and necessity is being served already, the commission 27 may deny the application. If the commission approves the 28 issuance of a restricted certificate to operate, the reason for the 29 restriction must be justified in writing. 30 If an application is denied, another application may not be made 31 until at least six months have elapsed since the date of the denial. 32 33 Section 58-23-340. Notwithstanding custom or usage or any 34 regulation, or other provision of law, it is unlawful for any person 35 to sell, lease, or otherwise transfer a certificate of public 36 convenience and necessity issued or authorized to be issued after 37 July 1, 1983, under the provisions of Chapter 23 of Title 58 for 38 money, goods, services, or any other thing of value. A certificate 39 may be transferred incident to the sale or lease of property or 40 assets owned or used by a regulated motor carrier, provided the 41 approval of the Commission commission for the transfer of the 42 certificate is first obtained and that the certificate itself is not 43 transferred for value or utilized to enhance the value of other

1 [1082] 82 1 property transferred. Nothing herein shall effect the sale, lease, or 2 otherwise transfer of a certificate of public convenience and 3 necessity issued prior to July 1, 1983.” 4 5 SECTION 146. Section 58-23-510 of the 1976 Code is amended 6 to read: 7 8 “Section 58-23-510. Every motor vehicle carrier which shall 9 operate in this State shall, as soon as such certificate is issued and 10 annually on or before each succeeding January 1st first as long as 11 such certificate remains in force, present it, with any changes 12 which have been made therein ordered by the commission, to the 13 Commission Office of Regulatory Staff and make an application in 14 writing to the Office of Regulatory Staff for registration and 15 license as prescribed in Chapter 3 of Title 56 for owners of motor 16 vehicles generally.” 17 18 SECTION 147. The first paragraph of Section 58-23-530 of the 19 1976 Code, as amended by Act 138 of 1983, is further amended to 20 read: 21 22 “Section 58-23-530. The following annual fees shall must be 23 paid to the Commission Office of Regulatory Staff by each holder 24 of a certificate A which has twenty or more vehicles for each 25 motor vehicle of the holder:” 26 27 SECTION 148. Section 58-23-550 of the 1976 Code is of the 28 1976 Code, as amended by Act 138 of 1983, is further amended to 29 read: 30 31 “Section 58-23-550. A holder of a certificate B which has 32 twenty or more vehicles shall annually pay for each vehicle to the 33 Commission Office of Regulatory Staff for a license to operate as 34 holder under the certificate the same amount as required of holders 35 of certificate A, except that in computing the amount to be paid for 36 a license the applicant must estimate the number of miles which 37 each vehicle will travel during the period for which the license is 38 issued. The minimum amount of the estimate is twenty-five 39 thousand miles.” 40 41 SECTION 149. Section 58-23-560 of the 1976 Code, as amended 42 by Act 138 of 1983, is further amended to read: 43

1 [1082] 83 1 “Section 58-23-560. A holder of a certificate A, B, or C with 2 less than twenty vehicles must semiannually on or before January 3 first and July first of each year pay to the Commission Office of 4 Regulatory Staff the following fees: For for vehicles weighing not 5 more than two thousand pounds, seven dollars and fifty cents; and 6 for vehicles weighing in excess of two thousand pounds, seven 7 dollars and fifty cents for the first two thousand pounds and two 8 dollars and fifty cents additional for each additional five hundred 9 pounds or part thereof of weight, except that the total license fee 10 may not exceed fifty dollars per vehicle semiannually.” 11 12 SECTION 150. Section 58-23-590 of the 1976 Code, as amended 13 by Act 145 of 1995, is further amended to read: 14 15 “Section 58-23-590. (A) The commission shall must 16 promulgate regulations necessary to control entry and certification 17 standards, set rates and charges, and establish enforcement 18 procedures and powers to govern the operations of carriers of 19 household goods and hazardous waste for disposal. 20 (B) The commission Office of Regulatory Staff is authorized to 21 establish an Office of Compliance to carry out its responsibilities 22 and may assess the carriers of household goods and hazardous 23 waste for disposal fees necessary to fund this office and to carry 24 out its responsibilities. 25 (C) The commission Office of Regulatory Staff shall must issue 26 a common carrier certificate or contract carrier permit of public 27 convenience and necessity, upon order of the commission, if the 28 applicant proves to the commission that: 29 (1) it is fit, willing, and able to properly perform the 30 proposed service and comply with the provisions of this chapter 31 and the commission’s regulations; and 32 (2) the proposed service, to the extent to be authorized by 33 the certificate or permit, is required by the present public 34 convenience and necessity. 35 The commission shall adopt regulations that provide criteria for 36 establishing that the applicant is fit, willing, and able, and criteria 37 for establishing that the applicant must meet the requirement of 38 public convenience and necessity. The determination that the 39 proposed service is required by the public, convenience and 40 necessity must be made by the commission on a case by case case- 41 by-case basis. 42 (D) A carrier of household goods, before operating in an 43 exempt zone provided in Section 58-23-60 in this State, must

1 [1082] 84 1 obtain a certificate of fit, willing, and able from the Office of 2 Regulatory Staff upon order of the commission. The commission 3 Office of Regulatory Staff may establish an annual registration 4 requirement and set a fee for this registration which is comparable 5 to and is calculated by using the same methodology applied to 6 holders of certificates of public convenience and necessity. 7 (E) The commission Office of Regulatory Staff is authorized to 8 employ necessary personnel to administer and enforce the 9 provisions of this chapter as they apply to carriers of household 10 goods and hazardous waste for disposal. A carrier operating in 11 violation of a provision of Articles 1 through 12 of this chapter is 12 guilty of a misdemeanor and, upon conviction, must pay penalties 13 provided in Section 58-23-80. A fine of one thousand dollars is 14 imposed on the violators of the certification and registration 15 requirements. Seventy-five percent of this fine must be remitted to 16 the commission Office of Regulatory Staff to be used for the 17 operation of the Office of Compliance. Magistrates have 18 jurisdiction over contested violations of this section and are 19 prohibited from suspending or reducing the penalties.” 20 21 SECTION 151. Section 58-23-630 of the 1976 Code, as amended 22 by Act 201 of 1985, is further amended to read: 23 24 “Section 58-23-630. All license fees for the operation of motor 25 vehicles for hire collected by the Commission the Office of 26 Regulatory Staff pursuant to the provisions of this article shall 27 must be deposited in the State Treasury and there shall be 28 transferred from such collections to the general fund of the State so 29 much as is estimated to cover the costs of administration and 30 collection of such fees.” 31 32 SECTION 152. Section 58-23-910 of the 1976 Code, as amended 33 by Act 525 of 1988, is further amended to read: 34 35 “Section 58-23-910. The commission shall, in the granting 36 ordering the issuance of a certificate, require the applicant to 37 procure and file with the commission the Office of Regulatory 38 Staff either liability and property damage insurance, a surety bond 39 with some casualty or surety company authorized to do business in 40 this State, or a certificate of self-insurance as provided by Section 41 56-9-60 on all motor vehicles to be used in the service in that 42 amount as the commission may determine, insuring or 43 indemnifying passengers or cargo and the public receiving

1 [1082] 85 1 personal injury by reason of any act of negligence and for damage 2 to property of any person other than the assured. The policy, bond, 3 or certificate of self-insurance must contain those conditions, 4 provisions, and limitations as the commission may prescribe and 5 must be kept in full force and effect and failure to do so is cause 6 for the revocation of the certificate.” 7 8 SECTION 153. Section 58-23-1010 of the 1976 Code, as last 9 amended by Act 184 of 1989, is further amended to read: 10 11 “Section 58-23-1010. (A) The commission shall supervise and 12 regulate every motor carrier in this State and fix or approve the 13 rates, fares, charges, classifications, and regulations pertaining to 14 each motor carrier, except as provided in Section 58-23-20. The 15 rates once established remain in effect until such time when, 16 pursuant to complaint and proper hearing, the commission 17 determines the rates are unreasonable. The commission may 18 approve joint rates, local rates, and rate agreements between two or 19 more motor carriers relating to rates, classifications, allowances, 20 and charges agreed to and published by individuals, firms, 21 corporations, or the Motor Truck Rate Bureau, Inc South Carolina 22 Tariff Bureau. Any of these agreements when approved by the 23 commission are not in violation of Section 39-3-10. 24 (B) As to holders of a certificate C, the commission shall fix a 25 maximum rate only.” 26 27 SECTION 154. Section 58-23-1080 of the 1976 Code is amended 28 to read: 29 30 “Section 58-23-1080. The Commission Office of Regulatory 31 Staff, upon the presentation of a certificate from the Commission 32 Office of Regulatory Staff authorizing the motor vehicle carrier to 33 operate and upon payment of the proper license, shall must furnish 34 the motor vehicle carrier with a distinguishing plate or marker, 35 which, in addition to the other matters otherwise provided by law 36 to be placed thereon, shall bear the letter stating the class under 37 which such the motor vehicle shall operate, such as A, B, C, D, E, 38 or F.” 39 40 SECTION 155. Section 58-23-1090 of the 1976 Code is amended 41 to read: 42

1 [1082] 86 1 “Section 58-23-1090. When any reserve or substitute vehicle 2 maintained by a motor carrier holding a certificate D, or a 3 certificate A or a certificate B for passenger vehicles, to be used 4 only in emergencies, is in use it shall must be designated by a 5 special marker to be furnished by the Commission Office of 6 Regulatory Staff.” 7 8 SECTION 156. Article 12, Chapter 23, Title 58 of the 1976 Code 9 is amended to read: 10 11 “Article 12 12 13 Safety Regulations 14 15 Section 58-23-1110. As used in this article: 16 (1) The term ‘corporation’ means a corporation, company, 17 association, or joint stock association;. 18 (2) The term ‘person’ means an individual, a firm, or a 19 partnership;. 20 (3) The term ‘commission’ means the Public Service 21 Commission of South Carolina;. 22 (4) The term ‘private carrier’ means every corporation or 23 person, their lessees, trustees, or receivers, owning, controlling, 24 operating, or managing any motor propelled vehicle used in 25 transporting persons or property over any improved public 26 highway in this State, which private carriers are not included in the 27 term motor vehicle carrier as defined in Section 58-23-10;. 28 (5) The term ‘motor carrier’ means every corporation or 29 person, their lessees, trustees, or receivers, owning, controlling, 30 operating, or managing any motor propelled vehicle used in 31 transporting persons or property over any improved public 32 highway in this State, whether or not for compensation, as defined 33 by Section 58-23-30 and includes, but is not limited to, motor 34 vehicle carriers as defined in Section 58-23-10 and private 35 carriers;. 36 (6) The term ‘trailer’ means a vehicle equipped to carry a load 37 and which is attached to and drawn by a motor vehicle. Trailers 38 are classed as motor vehicles and subject to the provisions of this 39 article;. 40 (7) The term ‘improved public highway’ means every 41 improved public highway in this State which is or may hereafter be 42 declared to be a part of the State Highway System or any county 43 highway system or a street of any city or town.

1 [1082] 87 1 (8) The term ‘regulatory staff’ means the executive director or 2 the executive director and employees of the Office of Regulatory 3 Staff. 4 5 Section 58-23-1120. Each for-hire motor carrier of household 6 goods or hazardous waste for disposal shall must comply with 7 orders and regulations prescribed by the Public Service 8 Commission. The commission Office of Regulatory Staff may 9 employ the necessary law enforcement personnel to enforce the 10 provisions which apply to holders of certificates A, B, C, and 11 certificates E and F of Public Convenience and Necessity. 12 The Department of Public Safety may promulgate regulations to 13 ensure the safe operation of motor carriers. The Transport Police 14 Division of the Department of Public Safety shall have has 15 exclusive authority in this State for enforcement of the commercial 16 motor vehicle carrier laws, which include Federal Motor Carrier 17 Safety Regulations, Hazardous Material Regulations, and size and 18 weight laws and regulations. 19 20 Section 58-23-1130. The commission may make those 21 regulations not inconsistent with law as may be proper in the 22 exercise of its powers or for the performance of its duties under 23 this article. 24 25 Section 58-23-1140. The Public Service Commission has and 26 the Office of Regulatory Staff have no jurisdiction for safety 27 purposes over persons engaged in transporting farm products or 28 forest products from the farm to the first market.” 29 30 SECTION 157. Section 58-27-10 of the 1976 Code is amended to 31 read: 32 33 “Section 58-27-10. When used in this chapter: 34 (1) The term ‘commission’ means the Public Service 35 Commission of this State. 36 (2) The term ‘commissioner’ means one of the members of the 37 Public Service Commission of this State. 38 (3) The term ‘corporation’ includes all bodies corporate, 39 joint-stock companies or associations, domestic or foreign, their 40 lessees, assignees, trustees, receivers, or other successors in 41 interest, having any of the powers or privileges of corporations not 42 possessed by individuals or partnerships; but it shall not include 43 municipalities as hereinafter defined.

1 [1082] 88 1 (4) The term ‘person’ includes all individuals, partnerships or 2 associations other than corporations. 3 (5) The term ‘municipality’ includes a city, town, county, 4 township, or any other corporation existing, created, or organized 5 as a governmental unit under the Constitution or laws of this State 6 except a consolidated political subdivision. 7 (6) The term ‘public’ means the public generally or any limited 8 portion of the public, including a person, corporation, or 9 municipality. 10 (7) The term ‘electrical utility’ includes municipalities to the 11 extent of their business, property, rates, transactions, and 12 operations without the corporate limits of the municipality, persons 13 and corporations, their lessees, assignees, trustees, receivers, or 14 other successors in interest owning or operating in this State 15 equipment or facilities for generating, transmitting, delivering, or 16 furnishing electricity for street, railway, or other public uses or for 17 the production of light, heat, or power to or for the public for 18 compensation; but it shall not include an electric cooperative or a 19 consolidated political subdivision and shall not include a person, 20 corporation or municipality furnishing electricity only to himself 21 or itself, their residents, employees, or tenants when such current is 22 not resold or used by others. 23 (8) The term ‘rate’ means and includes every compensation, 24 charge, toll, rental, and classification, or any of them, demanded, 25 observed, charged, or collected by any electrical utility for any 26 electric current or service offered by it to the public and any rules, 27 regulations, practices, or contracts affecting any such 28 compensation, charge, toll, rental, or classification. 29 (9) The term ‘securities’ means and includes stock, stock 30 certificates, bonds, notes, debentures, or other evidences of 31 indebtedness and any assumption or guaranty thereof. 32 (10) The term ‘consolidated political subdivision’ means a 33 consolidated political subdivision existing pursuant to the 34 Constitution of this State, and shall not be deemed a city, town, 35 county, or other governmental unit merged thereinto. 36 (11) The term ‘regulatory staff’ means the executive director or 37 the executive director and the employees of the Office of 38 Regulatory Staff.” 39 40 SECTION 158. Section 58-27-40 of the 1976 Code is amended to 41 read: 42

1 [1082] 89 1 “Section 58-27-40. Each electrical utility and, to the extent 2 covered by this Title title, each electric cooperative and 3 consolidated political subdivision shall must obey and comply with 4 all requirements of every order, decision, direction, rule, or 5 regulation made or prescribed by the Public Service Commission 6 or every direction, rule, or regulation made or prescribed by the 7 Office of Regulatory Staff made under pursuant to this chapter or 8 in relation to any other matter in any way relating to or affecting 9 the business of such the electrical utility, electric cooperative, or 10 consolidated political subdivision and shall must do everything 11 necessary or proper in order to secure compliance with and 12 observance of to comply with and observe every such order, 13 decision, direction, rule, or regulation by all of its officers, agents, 14 and employees.” 15 16 SECTION 159. Section 58-27-50 of the 1976 Code, as amended 17 by Act 331 of 1982, is further amended to read: 18 19 “Section 58-27-50. All expenses and charges incurred by the 20 commission in the administration of this chapter and in the 21 performance of its duties thereunder shall be defrayed by 22 assessments made by the Comptroller General against the 23 electrical utilities regulated thereunder and based upon the gross 24 revenues collected by such electrical utilities from their business 25 done wholly within this State in the manner set out in Section 26 58-3-100 for other corporations. 27 The Public Service Commission shall must certify to the 28 Comptroller General annually on or before August May first the 29 amounts to be assessed in the format approved by the Comptroller 30 General.” 31 32 SECTION 160. Section 58-27-70 of the 1976 Code is mended to 33 read: 34 35 “Section 58-27-70. The commission may employ such technical 36 administrative and clerical staff as it may deem necessary to carry 37 out the provisions of this chapter and to perform the duties and 38 exercise the powers conferred upon it by law in relation to 39 electrical utilities. The Attorney General Office of Regulatory 40 Staff shall be the legal head of suits or actions arising under this 41 chapter.” 42

1 [1082] 90 1 SECTION 161. Section 58-27-140 of the 1976 Code is amended 2 to read: 3 4 “Section 58-27-140. The commission may, upon its own 5 motion or upon complaint petition: 6 (1) Ascertain ascertain and fix just and reasonable standards, 7 classifications, regulations, practices, or service to be furnished, 8 imposed, observed, and followed by any or all electrical utilities; 9 (2) Ascertain ascertain and fix by regulation adequate and 10 reasonable standards for the measurement of quality, quantity, 11 initial voltage, or other condition pertaining to the supply of the 12 product, commodity, or service furnished or rendered by any or all 13 electrical utilities; 14 (3) Prescribe prescribe reasonable regulations for the 15 examination and testing of such product, commodity, or service 16 and for the measurement thereof; and 17 (4) Establish establish or approve reasonable rules, regulations, 18 specifications, and standards to secure the accuracy of all meters 19 and appliances for measurement; and 20 (5) Provide for the examination and testing of any and all 21 appliances used for the measurement of the product, commodity or 22 service of any electrical utility.” 23 24 SECTION 162. Section 58-27-160 of the 1976 Code is amended 25 to read: 26 27 “Section 58-27-160. The Commission may, on its own motion 28 and whenever it may be necessary in the performance of its duties, 29 Office of Regulatory Staff may investigate and examine the 30 condition and management of electrical utilities or any particular 31 electrical utility. In conducting such investigations the 32 Commission may proceed either with or without a hearing as it 33 may deem best.” 34 35 SECTION 163. Section 58-27-170 of the 1976 Code is amended 36 to read: 37 38 “Section 58-27-170. The commission may make joint 39 investigations, hold joint hearings and issue joint or concurrent 40 orders in conjunction or concurrence with any official board or 41 commission of any state or of the United States. Whether in the 42 holding of such investigations or hearings or in the making of such 43 orders the Commission shall function under agreements or

1 [1082] 91 1 compacts between states or under the concurrent power of states to 2 regulate interstate commerce or as an agency of the Federal 3 Government or otherwise. The Office of Regulatory Staff may 4 make joint investigations with any official board or commission of 5 any state or of the United States.” 6 7 SECTION 164. Section 58-27-180 of the 1976 Code is amended 8 to read: 9 10 “Section 58-27-180. The commission may, after hearing, 11 ascertain and fix the value of the whole or any part of the property 12 of any electrical utility insofar as the same is material to the 13 exercise of the jurisdiction of the Commission commission and 14 may, after hearing, make revaluations from time to time and 15 ascertain the value of all new construction, extensions, and 16 additions to the property of every electrical utility.” 17 18 SECTION 165. Section 58-27-190 of the 1976 Code is amended 19 to read: 20 21 “Section 58-27-190. The Commission, each commissioner and 22 each person employed by the Commission shall have Office of 23 Regulatory Staff has the right at any and all times to inspect the 24 property, plant, and facilities of any electrical utility and to inspect 25 or audit at reasonable times the accounts, books, papers, and 26 documents of any electrical utility. For the purposes herein 27 mentioned an employee or agent of the Office of Regulatory Staff 28 may during all reasonable hours enter upon any premises occupied 29 by or under the control of any electrical utility. The Commission, 30 each commissioner and any employee of the Commission An 31 employee or agent of the Office of Regulatory Staff authorized to 32 administer oaths shall have has the power to examine under oath 33 any officer, agent, or employee of such the electrical utility in 34 relation to the business and affairs of such the electrical utility, but 35 written record of the testimony or statement so given under oath 36 shall must be made and filed with the Commission. Any person 37 other than a commissioner demanding the right to perform any act 38 authorized by this section shall produce written authority from the 39 Commission authenticated by its seal.” 40 41 SECTION 166. Section 58-27-200 of the 1976 Code is amended 42 to read: 43

1 [1082] 92 1 “Section 58-27-200. In the performance of its duties under this 2 chapter, the Commission, any commissioner or any agent or 3 employee of the Commission with written authority from the 4 Commission authenticated by its seal an employee or agent of the 5 Office of Regulatory Staff may inspect or make copies of all 6 income, property, or other tax returns, reports, or other information 7 filed by electrical utilities with or otherwise obtained by any other 8 department, commission, board, or agency of the State state 9 government and all such other. All departments, commissions, 10 boards, or agencies of the State state government shall must permit 11 the same to be done an employee or agent of the Office of 12 Regulatory Staff to inspect or make copies of all information filed 13 by electrical utilities with or otherwise obtained by the department, 14 commission, board, or agency of the state government.” 15 16 SECTION 167. Section 58-27-210 of the 1976 Code amended to 17 read: 18 19 “Section 58-27-210. Whenever it shall appear that any 20 electrical utility, electric cooperative, or consolidated political 21 subdivision is failing or omitting, or about to fail or omit, to do 22 anything required of it by law or by order of the commission or is 23 doing, or about to do anything or permitting or about to permit 24 anything to be done contrary to or in violation of law or of any 25 order of the commission, an action or proceeding shall be 26 prosecuted in any court of competent jurisdiction in the name of 27 the Commission or the State Office of Regulatory Staff for the 28 purpose of having such violation or threatened violation 29 discontinued or prevented, either by mandamus, injunction, or 30 other appropriate relief, and in such action or proceeding, it shall 31 be permissible to join such other persons, corporations, 32 municipalities, or consolidated political subdivisions as parties 33 thereto as may be reasonably necessary to make the order of the 34 court in all respects effective. The commission must not be a party 35 to any action.” 36 37 SECTION 168. Section 58-27-220 of the 1976 Code amended to 38 read: 39 40 “Section 58-27-220. In addition to the foregoing expressly 41 enumerated powers the Commission shall, the Office of 42 Regulatory Staff must enforce, execute, administer, and carry out 43 by its order, ruling, regulation or otherwise all the provisions of

1 [1082] 93 1 this chapter relating to the powers, duties, limitations, and 2 restrictions imposed upon electrical utilities by this chapter or any 3 other provisions of the law of this State regulating electrical 4 utilities.” 5 6 SECTION 169. Section 58-27-430 of the 1976 Code is amended 7 to read: 8 9 “Section 58-27-430. Any electrical utility operating under an 10 existing permit or franchise heretofore granted by the State or any 11 municipality thereof prescribing a definite period of years for the 12 existence of such permit or franchise shall, upon (a) filing with the 13 commission and providing to the Office of Regulatory Staff a 14 written declaration that it surrenders such permit or franchise, (b) 15 the consent of such municipality, and (c) proof of any consent that 16 may be required by article Article VIII, section Section 15, of the 17 Constitution of this State, receive an indeterminate permit which 18 shall take the place of the surrendered permit or franchise, and 19 such electrical utility or its successors or assigns shall hold such 20 permit in accordance with the terms, conditions and limitations of 21 this chapter and any future regulatory acts. If, for any reason, any 22 indeterminate permit held by a public utility is held to be invalid, 23 the public utility shall, by operation of law and without further act, 24 have reinstated in it any franchise or franchises surrendered by it in 25 exchange for such indeterminate permit.” 26 27 SECTION 170. Section 58-27-650 of the 1976 Code, as amended 28 by Act 431 of 1984, is further amended to read: 29 30 “Section 58-27-650. (A) The Public Service Commission, 31 upon agreement of the affected electric suppliers, is authorized to 32 reassign to one electric supplier any area or portion of the area 33 assigned to another and, notwithstanding the lack of an agreement, 34 the commission upon its own motion or upon complaint petition by 35 any electric supplier or county or consolidated political subdivision 36 within this State, after notice to all affected electric suppliers and 37 after hearing, if a hearing is requested by any affected electric 38 supplier, the Office of Regulatory Staff, or any other interested 39 party, is authorized to reassign to one electric supplier any area or 40 portion of the area assigned to another, except premises being 41 served by the other electric supplier or to which any of its facilities 42 for service are attached and except the portions of the area as are 43 within three hundred feet of the other electric supplier’s lines,

1 [1082] 94 1 upon a finding that the reassignment is required by public 2 convenience and necessity. In determining whether public 3 convenience and necessity require the reassignment, the 4 commission shall consider among other things the adequacy and 5 dependability of the service of the affected electric suppliers, but 6 may not consider rate differentials between the electric suppliers. 7 (B) The Public Service Commission has the authority and 8 jurisdiction, if a hearing is requested by any affected electric 9 supplier, the Office of Regulatory Staff, or municipality, to order 10 any electric supplier to cease and desist from furnishing electric 11 service inside an assigned area which has been annexed into a 12 municipality upon a finding that service to existing consumers by 13 the electric supplier which is then furnishing service, or which has 14 the right to furnish service to the premises, is or will be inadequate 15 or undependable, and cannot or will not be made adequate or 16 dependable within a reasonable time, or that the rates, conditions 17 of service, or service regulations, applied to the consumers, are 18 unreasonably discriminatory. In determining the adequacy and 19 dependability of service or whether rates, conditions of service, or 20 service regulations are unreasonably discriminatory, the 21 commission may not consider rate differentials between the 22 affected electric suppliers or municipality or differences in the 23 provisions of utility service other than electrical services. Upon a 24 finding of inadequate, undependable, or unreasonably 25 discriminatory service, the commission shall order necessary 26 improvements or corrections or the sale of the facilities in 27 accordance with Section 58-27-1360.” 28 29 SECTION 171. Section 58-27-660 of the 1976 Code is amended 30 to read: 31 32 “Section 58-27-660. Notwithstanding the provisions of 33 Sections 58-27-620 and 58-27-640: 34 (1) Any electric supplier may furnish electric service to any 35 consumer who desires service from such electric supplier at any 36 premises being served by another electric supplier, or at premises 37 which another electric supplier has the right to serve pursuant to 38 other provisions of this article, upon agreement of the affected 39 electric suppliers. 40 (2) The Public Service Commission shall have the authority 41 and jurisdiction, after notice to all affected electric suppliers and 42 the Office of Regulatory Staff and after hearing, if a hearing is 43 requested by any affected electric supplier, the Office of

1 [1082] 95 1 Regulatory Staff, or any other interested party, to order any electric 2 supplier which may reasonably do so to furnish electric service to 3 any consumer who desires service from such electric supplier at 4 any premises being served by another electric supplier, or at 5 premises which another electric supplier has the right to serve 6 pursuant to other provisions of this article, and to order such other 7 electric supplier to cease and desist from furnishing electric service 8 to such premises, upon a finding that service to such consumer by 9 the electric supplier which is then furnishing service, or which has 10 the right to furnish service, to such premises, is or will be 11 inadequate or undependable, and cannot or will not be made 12 adequate and dependable within a reasonable time, or that the 13 rates, conditions of service, or service regulations, applied to such 14 consumer, are unreasonably discriminatory.” 15 16 SECTION 172. Section 58-27-820 of the 1976 Code is amended 17 to read: 18 19 “Section 58-27-820. Under such rules and regulations as the 20 Commission may prescribe prescribed by the commission, every 21 electrical utility shall must file with the commission and provide to 22 the Office of Regulatory Staff, within such time and in such form 23 as the commission may designate, schedules showing all rates, 24 service rules and regulations, and forms of service contracts 25 established by it the electrical utility and collected or enforced or 26 to be collected or enforced within the jurisdiction of the 27 commission. Under such rules and regulations as the Commission 28 may prescribe prescribed by the commission, every distribution 29 electric cooperative and consolidated political subdivision shall 30 must file with the commission and provide to the Office of 31 Regulatory Staff, for information purposes, within such time and 32 in such form as the commission may designate, schedules showing 33 all rates, service rules and regulations, and forms of service 34 contracts established by it the distribution electric cooperative or 35 consolidated political subdivision. Each electrical utility, 36 distribution electric cooperative, and consolidated political 37 subdivision shall must keep copies of such the schedules open to 38 public inspection under such rules and regulations as prescribed by 39 the commission may prescribe.” 40 41 SECTION 173. Section 58-27-850 of the 1976 Code is amended 42 to read: 43

1 [1082] 96 1 “Section 58-27-850. Whenever the commission after a hearing, 2 upon its own motion or upon complaint, finds that the existing 3 rates in effect and collected by any electrical utility for any service, 4 product, or commodity are unjust, unreasonable, insufficient, 5 unreasonably discriminatory, or in any way in violation of any 6 provision of law, the commission shall determine the just, 7 reasonable, and sufficient rates to be thereafter observed and in 8 force and shall fix the same rates by its order.” 9 10 SECTION 174. Section 58-27-860 of the 1976 Code, as amended 11 to Act 138 of 1983, is further amended to read: 12 13 “Section 58-27-860. Whenever an electrical utility desires to 14 put into operation a new rate, it shall must give not less than thirty 15 days’ notice of its intention to file with the commission and the 16 Office of Regulatory Staff and shall must, after the expiration of 17 the notice period, then file with the commission and provide to the 18 Office of Regulatory Staff a schedule setting forth the proposed 19 changes. Copies of the schedule must also be given to other 20 parties as the commission may direct directs. Subject to the 21 provisions of subsections (C) and (D) of Section 58-27-870, the 22 proposed changes may not be put into effect in full or in part until 23 approved by the commission. Nothing contained in this section 24 affects the existing provisions of Act 1293 of 1966.” 25 26 SECTION 175. Section 58-27-865(B), (C), and (D) of the 1976 27 Code, as amended by Act 348 of 1996, are further amended to 28 read: 29 30 “(B) The commission shall direct each electrical utility which 31 incurs fuel cost for the sale of electricity to submit to the 32 commission and to the Office of Regulatory Staff, within such 33 time and in such form as the commission may designate, its 34 estimates of fuel costs for the next twelve months. The 35 commission may hold a public hearing at any time between the 36 twelve-month reviews to determine whether an increase or 37 decrease in the base rate amount designed to recover fuel cost 38 should be granted. Upon investigation of the estimate and 39 conducting public hearings in accordance with law, the 40 commission shall direct each company to place in effect in its base 41 rate an amount designed to recover, during the succeeding twelve 42 months, the fuel costs determined by the commission to be 43 appropriate for that period, adjusted for the over-recovery or

1 [1082] 97 1 under-recovery from the preceding twelve-month period. The 2 commission shall direct the electrical utilities to send notice to the 3 utility customers with the antecedent billing of the time and place 4 of the public hearings to be held every twelve months, and the 5 commission shall again direct the electrical utilities to send notice 6 to the utility customers with the next billing if the utility is granted 7 a rate increase by the commission. 8 (C) The commission shall direct the electrical utilities to 9 account monthly for the differences between the recovery of fuel 10 costs through base rates and the actual fuel costs experienced, by 11 booking the difference to unbilled revenues with a corresponding 12 deferred debit or credit, the balance of which will be included in 13 the projected fuel cost component of the base rates for the 14 succeeding period. The commission shall direct the electrical 15 utilities to submit to the Office of Regulatory Staff monthly reports 16 of fuel costs and monthly reports of all scheduled and unscheduled 17 outages of generating units with a capacity of one hundred 18 megawatts or greater. 19 (D) Upon request by the commission regulatory staff, or the 20 electrical utilities, or the Consumer Advocate, a public hearing 21 must be held by the commission at any time between the 22 twelve-month reviews to determine whether an increase or 23 decrease in the base rate amount designed to recover fuel costs 24 should be granted. If the request is by an electrical utility for a rate 25 increase, the commission shall direct the utility to send notice of 26 the request and hearing to all customers with the next billing, and 27 if the commission grants the rate request subsequent to the request 28 and hearing, the commission shall direct the utility to send notice 29 of the amount of the increase or decrease to all customers with the 30 next billing.” 31 32 SECTION 176. Section 58-27-870 of the 1976 Code, as last 33 amended by Act 184 of 1989, is further amended to read: 34 35 “Section 58-27-870. (A) After a schedule setting forth the 36 proposed changes in its rates or tariffs has been filed with the 37 commission and provided to the Office of Regulatory Staff, the 38 commission shall must hold a public hearing concerning the 39 lawfulness or reasonableness of the proposed changes. 40 (B) When the proposed changes relate to rates or tariffs, the 41 commission shall must rule and issue its order approving or 42 disapproving the changes within six months after the date the 43 schedule is filed.

1 [1082] 98 1 (C) Should the commission determine that it cannot, due to 2 circumstances reasonably beyond its control, issue such an order 3 within the six-month period prescribed by this section, the 4 commission, may, by order, extend the six-month period for an 5 additional five days. Any such The order shall set forth such 6 circumstances and make appropriate findings concerning the need 7 for the extended period. If the commission rules and issues its 8 order within the time aforesaid, and the utility shall appeal from 9 the order, by filing with the commission a petition for rehearing, 10 the utility may put the rates requested in its schedule into effect 11 under bond only during the appeal and until final disposition of the 12 case. Such bond must be in a reasonable amount approved by the 13 commission, with sureties approved by the commission, 14 conditioned upon the refund, in a manner to be prescribed by order 15 of the commission, to the persons, corporations, or municipalities 16 respectively entitled to the amount of the excess, if the rate or rates 17 put into effect are finally determined to be excessive; or there may 18 be substituted for the bond other arrangements satisfactory to the 19 commission for the protection of parties interested. During any 20 period in which a utility shall charge charges increased rates under 21 bond, it shall must provide records or other evidence of payments 22 made by its subscribers or patrons under the rate or rates which the 23 utility has put into operation in excess of the rate or rates in effect 24 immediately prior to the filing of the schedule. All increases in 25 rates put into effect under the provisions of this section which are 26 not approved and for which a refund is required shall bear interest 27 at a rate of twelve percent per annum. The interest shall 28 commence on the date the disallowed increase is paid and continue 29 until the date the refund is made. In all cases in which a refund is 30 due, the commission shall must order a total refund of the 31 difference between the amount collected under bond and the 32 amount finally approved. 33 (D) If the commission fails to rule or issue its order within the 34 time prescribed in subsections (B) or (C) of this section, the utility 35 may put into effect the change in rates it requested in its schedule. 36 The change is to be treated as an approval of the new rate schedule 37 by the commission. 38 (E) After the date the schedule is filed with the commission, no 39 further rate change request under this section may be filed until 40 twelve months have elapsed from the date of the filing of the 41 schedule; provided, however, this section shall not apply to a 42 request for rate reduction.

1 [1082] 99 1 (F) Notwithstanding the provisions of Sections 58-27-860 and 2 58-27-870, the commission may allow rates or tariffs to be put into 3 effect without notice and hearing upon order of the commission 4 when such rates or tariffs do not require a determination of the 5 entire rate structure and overall rate of return, or when the rates or 6 tariffs do not result in any rate increase to the electrical utility, or 7 when the rates or tariffs are for experimental purposes, or when the 8 rates or tariffs so filed are otherwise necessary to obtain an orderly 9 rate administration. 10 (G) The commission’s determination of a fair rate of return 11 must be documented fully in its findings of fact and based 12 exclusively on reliable, probative, and substantial evidence on the 13 whole record.” 14 15 SECTION 177. Section 58-27-920 of the 1976 Code is amended 16 to read: 17 18 “Section 58-27-920. The commission may, after a preliminary 19 investigation by the Office of Regulatory Staff and upon such 20 evidence as to it shall seem the commission seems sufficient, order 21 any electrical utility to put into effect such a schedule of rates as 22 shall be deemed fair and reasonable, within such time as may be 23 prescribed by order of the commission, which shall be not less than 24 fifteen days, and an attested copy of the order shall must be served 25 upon such the utility and the Office of Regulatory Staff by 26 registered mail or otherwise as provided by law.” 27 28 SECTION 178. Section 58-27-930 of the 1976 Code is amended 29 to read: 30 31 “Section 58-27-930. If any utility affected thereby objects to 32 such an order issued pursuant to Section 58 - 27 - 920, it may, within 33 ten days after service upon it of the copy of the order, file a 34 petition with the commission stating the grounds of any such 35 objection and demand a hearing thereon and it may require, if it so 36 requests in the petition, that such schedule of rates be suspended 37 pending the hearing. The utility also must provide a copy of the 38 petition to the Office of Regulatory Staff. Any member of the 39 public adversely affected by any such order of the commission 40 shall also have all the rights herein conferred on the utility 41 affected.” 42

1 [1082] 100 1 SECTION 179. Section 58-27-940 of the 1976 Code, as amended 2 by Act 138 of 1983, is further amended to read: 3 4 “Section 58-27-940. After the a hearing provided by Section 5 58 - 27 - 930, the commission by its order shall must either confirm, 6 modify, or vacate its former order, in conformity with what is 7 found to be just and reasonable, and an attested copy of the order 8 of the commission must be immediately served on the utility 9 affected and the Office of Regulatory Staff by registered mail or 10 otherwise, as provided by law. In case the original order of the 11 commission is confirmed or modified by making the order more 12 favorable to the utility affected, the rates prescribed by the original 13 order of the commission or the modification of the order, as the 14 case may be, are operative as of the time fixed by the original 15 order. The utility affected shall put the same rates into effect as of 16 the date fixed by the original order.” 17 18 SECTION 180. Section 58-27-950 of the 1976 Code is amended 19 to read: 20 21 “Section 58-27-950. No cause of action shall arise against the 22 Commission in favor of any such A utility by reason of the order 23 first issued must not bring a cause of action challenging the 24 commission’s order issued pursuant to Section 58 - 27 - 920 unless 25 the utility shall first make application to the commission for a 26 hearing as herein provided for in Section 58 - 27 - 930. The 27 commission must not be a party to any cause of action.” 28 29 SECTION 181. Section 58-27-960 of the 1976 Code is amended 30 to read: 31 32 “Section 58-27-960. When complaint a petition has been made 33 to filed with the commission concerning any rate or charge for any 34 electric current furnished or service performed by any electrical 35 utility and the commission has found after hearing and 36 investigation that the electrical utility has charged an unreasonable, 37 excessive, or discriminatory amount for such electric current or 38 service, the commission may order that the electrical utility to 39 make due reparation to the complainant petitioner therefor, with 40 interest from the date of collection; provided, however, that no 41 unreasonable discrimination will must result from such the 42 reparation. But no order for the payment of reparation upon the 43 ground of unreasonableness shall must be made by the commission

1 [1082] 101 1 in any instance wherein the rate or charge in question has been 2 authorized by law. No assignment of a reparation claim shall must 3 be recognized by the commission except assignments by operation 4 of law as in cases of death, insanity, bankruptcy, receivership, or 5 order of court. If the electrical utility does not comply with the 6 order for the payment of reparation within the time specified in 7 such order, suit may be instituted in any court of competent 8 jurisdiction to recover the same, and upon trial of such suit, a duly 9 certified copy of the order of the commission shall be prima facie 10 evidence of the facts therein set forth. All complaints petitions 11 concerning unreasonable, excessive, or discriminatory charges on 12 which reparation orders may be made shall must be filed with the 13 commission and provided to the Office of Regulatory Staff within 14 two years from the time the cause of action accrues, and the suit 15 for enforcement of the order shall must be commenced in the court 16 within one year from the date of the order of the commission. The 17 commission must not be a party to any cause of action. The 18 remedy in this section provided shall be is cumulative and in 19 addition to any other remedy or remedies in this chapter provided 20 in case of failure of an electrical utility to obey an order or 21 decision of the commission.” 22 23 SECTION 182. Section 58-27-1210 of the 1976 Code is amended 24 to read: 25 26 “Section 58-27-1210. When ordered by the commission after a 27 hearing, any electrical utility, distribution electric cooperative, or 28 consolidated political subdivision, may be required to establish, 29 construct, maintain, and operate any reasonable extension of its 30 existing facilities. If any such extension, however, will interfere 31 with the service or system of any other electrical utility, 32 distribution electric cooperative, or consolidated political 33 subdivision, the commission may, on complaint petition and after 34 hearing, either order the discontinuance of such extension or 35 prescribe such terms and conditions with respect thereto as may be 36 just and reasonable. Each electrical utility, distribution electric 37 cooperative, and consolidated political subdivision, within areas 38 assigned to it by the commission and within three hundred feet of 39 its lines, as defined in Section 58-27-610, shall be is obligated to 40 comply with all requests for service in accordance with its 41 schedules of rates and service rules and regulations on file with the 42 commission.” 43

1 [1082] 102 1 SECTION 183. Section 58-27-1240 of the 1976 Code is amended 2 to read: 3 4 “Section 58-27-1240. Before any certificate may issue 5 hereunder, a certified copy of its articles of incorporation or 6 charter, if the applicant be a corporation, shall must be on file in 7 the office of the commission and in the Office of Regulatory Staff. 8 Every applicant for a certificate shall give such notice of its 9 application as the commission may require and shall must file in 10 the office of the commission such and the Office of Regulatory 11 Staff evidence as shall be required by the commission to show that 12 such the applicant has received any consent of local authorities that 13 might be required under article Article VIII, section Section 15, of 14 the Constitution of this State.” 15 16 SECTION 184. Section 58-27-1260 of the 1976 Code is amended 17 to read: 18 19 “Section 58-27-1260. If such an electrical utility, except a 20 municipality within its corporate limits, desires to exercise a right 21 or privilege under a permit, consent, or other authority which it 22 contemplates securing but which has not as yet been granted to it, 23 such the electrical utility may apply to the commission for an 24 order preliminary to the issue issuance of the certificate. The 25 electrical utility also must serve a copy of its application upon the 26 Office of Regulatory Staff. The commission may thereupon make 27 an order declaring that it will thereafter, upon application, under 28 such rules and regulations as it may prescribe, issue the desired 29 certificate upon such terms and conditions as it may designate after 30 such the electrical utility has obtained the contemplated permit, 31 consent, or other authority. Upon the presentation to the 32 commission of evidence satisfactory to it that such permit, consent, 33 or other authority has been secured by such electrical utility, the 34 commission shall must thereupon issue such the certificate.” 35 36 SECTION 185. Section 58-27-1270 of the 1976 Code is amended 37 to read: 38 39 “Section 58-27-1270. Whenever an electrical utility, electric 40 cooperative, consolidated political subdivision, public utility 41 district, governmental body or agency, or another person or 42 corporation, is engaged or is about to engage in construction or 43 operation without having secured a certificate of public

1 [1082] 103 1 convenience and necessity as required by the provisions of this 2 chapter, or otherwise in violation thereof, any interested electrical 3 utility, electric cooperative, consolidated political subdivision, 4 corporation, or municipality, or the Office of Regulatory Staff may 5 file a complaint petition with the commission. The commission 6 may, with or without notice, make its order requiring the party 7 complained of to cease and desist from such construction or 8 operation until the Commission may, after hearing, make such 9 issue an order and prescribe such terms and conditions in harmony 10 with this chapter as are just and reasonable.” 11 12 SECTION 186. Section 58-27-1280 of the 1976 Code, as 13 amended by Act 431 of 1984, is further amended to read: 14 15 “Section 58-27-1280. If any electrical utility, electric 16 cooperative, or any governmental body or agency which owns or 17 operates equipment or facilities for generating, transmitting, 18 delivering, or furnishing electricity in this State, in constructing or 19 extending its lines, plant, or system, unreasonably interferes or is 20 about to interfere unreasonably with the service or system of any 21 other electrical utility, electric cooperative, or governmental body 22 or agency, the commission on complaint petition of the electrical 23 utility, electric cooperative, the Office of Regulatory Staff, or 24 governmental body or agency complaining to be injuriously 25 affected may, after hearing, make orders and prescribe terms and 26 conditions in harmony with this chapter as are just and reasonable, 27 including the removal of lines and the issuance of a cease and 28 desist order to the electrical utility, electric cooperative, or 29 governmental body or agency causing the interference.” 30 31 SECTION 187. Section 58-27-1290 of the 1976 Code is amended 32 to read: 33 34 “Section 58-27-1290. No electrical utility shall abandon all or 35 any portion of its service to the public, except for ordinary 36 discontinuance of service for nonpayment of undisputed charges in 37 the usual course of business, unless written application is first 38 made to the commission for the issuance of a certificate 39 authorizing the same abandonment, and until the commission in its 40 discretion issues such a certificate after a public hearing of all 41 parties appearing to the commission to be interested. The 42 electrical utility also must serve a copy of its application upon the 43 Office of Regulatory Staff.

1 [1082] 104 1 In any such case, any interested party shall have the right within 2 fifteen days after the final order of the Commission commission to 3 apply to the Supreme Court for a review thereof, and in such case, 4 no such abandonment shall be permitted until such the appeal shall 5 be is heard and the Supreme Court shall by order permit permits 6 the same abandonment.” 7 8 SECTION 188. Section 58-27-1300 of the 1976 Code, as last 9 amended by Act 349 of 1996, is further amended to read: 10 11 “Section 58-27-1300. No electrical utility, without the approval 12 of the commission and compliance with all other existing 13 requirements of the laws of the State in relation thereto, may sell, 14 assign, transfer, lease, consolidate, or merge its utility property, 15 powers, franchises, or privileges, or any of them, except that any 16 electrical utility which has utility property, the fair market value of 17 which is one million dollars or less, may sell, assign, transfer, 18 lease, consolidate, or merge this property without prior approval of 19 the commission. The commission may, at its discretion, hold a 20 hearing on the request of an electrical utility to sell, assign, 21 transfer, lease, consolidate, or merge its utility property, powers, 22 franchises, or privileges, or any of them. An electric utility 23 seeking approval of a transfer under this provision shall serve a 24 copy of the application on the South Carolina Consumer Advocate 25 Office of Regulatory Staff. For purposes of this section, ‘utility 26 property’ shall include property used and useful to provide 27 customers with electric service and which has been properly 28 included in the electric utility’s rate base, including construction 29 work in progress or property held to serve future customers. 30 Utility property that has been transferred to nonutility accounts 31 shall must continue to be treated as utility property under this 32 provision for five years following the transfer.” 33 34 SECTION 189. Section 58-27-1330 of the 1976 Code is amended 35 to read: 36 37 “Section 58-27-1330. When the municipal council or other 38 governing body of any city or town, after a public hearing of 39 which at least thirty days’ notice has been given, by ordinance or 40 resolution duly adopted by a majority vote, expresses a desire and 41 declares its purpose to acquire for such the city or town the 42 property of an electrical utility so operated therein as authorized 43 under the provisions of this chapter, immediate notice by

1 [1082] 105 1 registered mail of the action of such municipal council or 2 governing body shall be given by it to the commission and the 3 Office of Regulatory Staff, to such the electrical utility, and to all 4 of its mortgagees or other lienors appearing of record in the county 5 in which such city or town is situated.” 6 7 SECTION 190. Section 58-27-1340 of the 1976 Code is amended 8 to read: 9 10 “Section 58-27-1340. When the commission has thus been 11 notified that such a city or town has thus expressed its desire and 12 purpose to purchase the property of the electrical utility operated 13 under the indeterminate permit in such the city or town and has 14 also been notified that the parties to such the purchase and sale 15 have been are unable to agree upon the amount to be paid and 16 received therefor, the commission shall must, after not less than 17 thirty days’ notice to such the Office of Regulatory Staff, the city 18 or town, and to such the electrical utility, as well as to all of its 19 mortgagees and lienors appearing of record in the county in which 20 such the city or town is situated, hold a public hearing upon the 21 matter of just compensation, including severance damages if any, 22 to be paid for the taking of such the property by such the city or 23 town. Within a reasonable time after such the public hearing, the 24 commission shall must by order fix and determine and certify to 25 the clerk of such the city or town, to the electrical utility, and to 26 any bondholder, mortgagee, lienor, or other interested party who 27 has entered an appearance in the proceeding the just compensation, 28 including such the damages, if any. The order of the commission 29 may be reviewed as provided in this chapter for the review of other 30 orders of the commission. The commission must not be a party to 31 an action for review.” 32 33 SECTION 191. The first paragraph of Section 58-27-1360 of the 34 1976 Code, as amended by Act 431 of 1984, is further amended to 35 read: 36 37 “When any an area in which electric service is being furnished 38 at wholesale or retail by a supplier of electricity, including 39 municipal corporations, public or governmental agencies, and 40 electric cooperatives, is incorporated as a city or town or is 41 annexed to an existing incorporated city or town, the city or town 42 or, with the consent of the governing body of such city or town, an 43 electrical utility furnishing electricity in that city or town by

1 [1082] 106 1 franchise, contract, permit, or other consent, have has the right to 2 acquire the property of a supplier of electricity brought within 3 corporate limits upon a finding by the commission pursuant to 4 subsection (B) of Section 58-27-650 that inadequate, 5 undependable, or unreasonably discriminatory service is being 6 provided and upon payment of just compensation. The supplier of 7 electricity having property or facilities in areas incorporated as a 8 city or town or annexed into an existing city or town has the right 9 to compel the city or town or an electrical utility operating in that 10 city or town pursuant to a franchise, contract, permit, or other 11 consent to purchase the facilities and properties and to compel the 12 payment of just compensation. The city or town may not elect to 13 purchase nor or give its consent to a purchase by another supplier 14 of electricity until the commission has ruled upon adequacy of 15 service, and it has first given ten days’ written notice to the Office 16 of Regulatory Staff and the suppliers concerned of its intention to 17 purchase or consent to the purchase of property situate within the 18 limits of the municipality used for providing electric service in the 19 municipality.” 20 21 SECTION 192. Section 58-27-1520 of the 1976 Code is amended 22 to read: 23 24 “Section 58-27-1520. Whenever the commission, after a hearing 25 had upon its own motion or upon complaint, finds that the service 26 of any electrical utility is unreasonable, unsafe, inadequate, 27 insufficient, or unreasonably discriminatory, the commission shall 28 must determine the reasonable, safe, adequate, and sufficient 29 service to be observed, furnished, enforced, or employed and shall 30 must fix the same service by its order, rule, or regulation.” 31 32 SECTION 193. Section 58-27-1540 of the 1976 Code is amended 33 to read: 34 35 “Section 58-27-1540. The Commission shall Office of 36 Regulatory Staff may, subject to the approval of the commission, 37 establish a system of accounts to be kept by electrical utilities 38 subject to its jurisdiction and it may prescribe the manner in which 39 the accounts shall must be kept. Every electrical utility shall must 40 keep its books, papers, and records accurately and faithfully 41 according to the system of accounts and all regulations and 42 directions in relation thereto prescribed by the Commission Office 43 of Regulatory Staff.”

1 [1082] 107 1 2 SECTION 194. Section 58-27-1550 of the 1976 Code is amended 3 to read: 4 5 “Section 58-27-1550. Every electrical utility may, and may be 6 required to, charge annually as an operating expense a reasonable 7 sum for depreciation and credit the same sum to a reserve account 8 for such purpose. Such The reserve account shall must be charged 9 only with plant retirements and expenditures made to restore 10 depreciated property. But if the reserve thus created shall at any 11 time in the judgment of the Commission Office of Regulatory Staff 12 be excessive, the commission, after due hearing, shall make such 13 issue an order as will result in the credits to such the reserve 14 thereafter conforming to actual facts and conditions as ascertained 15 by the commission. The commission may control or limit such the 16 depreciation reserve.” 17 18 SECTION 195. Section 58-27-1560 of the 1976 Code is amended 19 to read: 20 21 “Section 58-27-1560. Each electrical utility shall have an office 22 in one of the counties of this State in which its property or some 23 part thereof is located and shall keep in such office all books, 24 accounts, papers, and records as shall be required by the 25 Commission Office of Regulatory Staff to be kept within the State. 26 No books, accounts, papers, or records required by the 27 Commission Office of Regulatory Staff to be kept within the State 28 shall be removed at any time from the State, except upon such 29 conditions as may be prescribed by the Commission Office of 30 Regulatory Staff.” 31 32 SECTION 196. Section 58-27-1570 of the 1976 Code is amended 33 to read: 34 35 “Section 58-27-1570. The Commission Office of Regulatory 36 Staff may require, by order served on any electrical utility in the 37 manner provided in Section 58-27-1970, the production within this 38 State at such a time and place as it may designate, of any books, 39 accounts, papers, or records of the electrical utility relating to its 40 business or affairs within the State, pertinent to any lawful inquiry 41 and kept by such electrical utility in any office or place within or 42 without this State or, at its option, verified copies in lieu thereof,

1 [1082] 108 1 so that an examination thereof may be made by the Commission 2 Office of Regulatory Staff or under its direction.” 3 4 SECTION 197. Section 58-27-1580 of the 1976 Code is amended 5 to read: 6 7 “Section 58-27-1580. Every electrical utility shall must furnish 8 the Commission Office of Regulatory Staff in such form and in 9 such detail as the Commission may require Office of Regulatory 10 Staff requires, subject to the approval of the commission, all 11 tabulations, computations, and other information required by the 12 Commission Office of Regulatory Staff to carry into effect any of 13 the provisions of this chapter and shall must make special answer 14 to all questions submitted by the Commission Office of Regulatory 15 Staff. Each electrical utility receiving from the Commission 16 Office of Regulatory Staff any blanks with directions to fill out the 17 same shall must cause the same blanks to be properly filled out so 18 as to answer fully and correctly each question propounded therein 19 and it shall return the same tabulations, computations, and other 20 information to the Commission Office of Regulatory Staff within 21 the time required. But in case any electrical utility is unable to 22 answer any question, it shall must so state with good and sufficient 23 reasons therefor. When required by the Commission Office of 24 Regulatory Staff, each electrical utility shall must deliver to the 25 Commission Office of Regulatory Staff copies of any or all maps, 26 profiles, contracts, franchises, reports, books, accounts, papers, and 27 records in its possession or in any way relating to its property or 28 affecting its business and also a complete inventory of its property 29 in such the form as the Commission may direct Office of 30 Regulatory Staff directs. Each electrical utility shall must, when 31 required by the Commission Office of Regulatory Staff, furnish in 32 such form as the Commission may require Office of Regulatory 33 Staff requires all such reports as it may be directed by the 34 Commission Office of Regulatory Staff to furnish in relation to its 35 operations, property, or business, and the Commission Office of 36 Regulatory Staff may require either periodical or special reports 37 concerning any matter as to which it desires to inquire in order to 38 keep itself informed in the performance of its duties under this 39 chapter. All reports shall must be under oath by such the officer or 40 officers of the electrical utility as may be required by the 41 Commission Office of Regulatory Staff.” 42

1 [1082] 109 1 SECTION 198. Section 58-27-1590 of the 1976 Code is amended 2 to read: 3 4 “Section 58-27-1590. When any an electrical utility is engaged 5 in both interstate business and intrastate business in this State and 6 at any time transmits electricity either into or from this State (a) by 7 the use, either wholly or in part, of any transmission line or other 8 facilities also used in intrastate service in this State, (b) if such the 9 electricity is generated by the use, either wholly or in part, of any 10 facilities also used in intrastate service in this State, or (c) if such 11 the electricity is a part of any supply of electricity acquired by 12 purchase, exchange, or any means other than actual generation and 13 any part of such the supply of electricity is also at any time used in 14 intrastate service in this State, the commission may require such 15 the electrical utility to maintain at or near the State state line, 16 within this State, a meter or meters of a type or types to be 17 approved by the commission before installation which shall must 18 accurately and separately measure and register such the electricity 19 coming into and going out of this State. Any such electrical utility 20 shall make such records and reports of the meter readings as the 21 Commission may require Office of Regulatory Staff requires, all 22 to the end that the Commission Office of Regulatory Staff, in the 23 performance of its duties in relation to intrastate operations and 24 rates in this State, may at all times be able to determine with 25 reasonable accuracy the results of the intrastate operations in this 26 State of such the electrical utility apart from its interstate operation 27 or its operations in any other state or states and to segregate with 28 reasonable precision the property devoted to interstate service or to 29 the services of any other state or states.” 30 31 SECTION 199. Section 58-27-1720 of the 1976 Code is amended 32 to read: 33 34 “Section 58-27-1720. Any electrical utility, except a 35 municipality, desiring to issue any securities may apply to the 36 commission for approval of the proposed issue by filing with the 37 commission and providing a copy of an application to the Office of 38 Regulatory Staff, together with a statement verified by (a) its 39 president and secretary or other proper officers, (b) two of its 40 incorporators, or (c) by its owner or owners, if it have no such 41 officers, setting forth: 42 (1) The the amount and character of securities proposed to be 43 issued;

1 [1082] 110 1 (2) The the purpose for which they are to be issued; 2 (3) The the consideration for which they are to be issued; 3 (4) The the description and estimated value of the property, if 4 any, to be acquired through the proposed issue; 5 (5) The the terms and conditions of their issuance; and 6 (6) The the financial condition of the electrical utility and its 7 previous operations so far as relevant.” 8 9 SECTION 200. Section 58-27-1730 of the 1976 Code is amended 10 to read: 11 12 “Section 58-27-1730. The Commission shall Office of 13 Regulatory Staff must thereupon make such an investigation as 14 may be necessary, at which investigation the electrical utility shall 15 be is entitled to be heard before the commission. The commission 16 shall must determine whether the purpose of the issue is proper, 17 shall value the property or services, if any, to be acquired by the 18 issue, and it shall find and determine the amount of such securities 19 reasonably necessary for the purpose for which they are to be 20 issued. To the extent that the commission may approve approves 21 the proposed issue, it shall must grant to the electrical utility a 22 certificate of authority stating: 23 (1) The the amount of such the securities reasonably necessary 24 for the purpose for which they are to be issued and the character of 25 the same securities; and 26 (2) The the value of any property or services, if any, to be 27 acquired thereby. Nothing herein contained shall be construed to 28 impose or imply any guaranty or obligation as to such the 29 securities on the part of the State or any agency thereof, nor shall 30 the commission, by virtue of the approval of the issuance of such 31 securities, be deemed to be required to prescribe or approve any 32 rate for the reason that such rate may be necessary to provide funds 33 reasonably sufficient to retire such securities or the interest 34 thereon.” 35 36 SECTION 201. Section 58-27-1920 of the 1976 Code is amended 37 to read: 38 39 “Section 58-27-1920. All hearings, investigations and 40 proceedings shall must be governed by law and by rules of practice 41 and procedure adopted by the commission.” 42

1 [1082] 111 1 SECTION 202. Section 58-27-1940 of the 1976 Code is amended 2 to read: 3 4 “Section 58-27-1940. The Commission on its own motion or any 5 Any person, corporation, or municipality having an interest in the 6 subject matter, including any electrical utility concerned, may 7 complain petition in writing setting forth any act or thing done or 8 omitted to be done by any electrical utility in violation, or claimed 9 violation, of any law which the commission has jurisdiction to 10 administer or of any order or rule of the Commission 11 commission.” 12 13 SECTION 203. Section 58-27-1950 of the 1976 Code is amended 14 to read: 15 16 “Section 58-27-1950. Upon the filing of a complaint petition, 17 the commission shall must cause a copy thereof to be served upon 18 the person, corporation, or electrical utility complained of which is 19 the subject of the petition, and the Office of Regulatory Staff.” 20 21 SECTION 204. Section 58-27-1970 of the 1976 Code is amended 22 to read: 23 24 “Section 58-27-1970. Service of all complaints pleadings or 25 notices in all hearings, investigations and proceedings pending 26 before the commission, except service of the processes provided 27 for by Section 58-27-1960, may be made personally or by mail as 28 the commission may direct.” 29 30 SECTION 205. Section 58-27-1990 of the 1976 Code is amended 31 to read: 32 33 “Section 58-27-1990. The commission may dismiss any 34 complaint petition without a hearing if in its opinion a hearing is 35 not necessary in the public interest or for the protection of 36 substantial rights.” 37 38 SECTION 206. Section 58-27-2000 of the 1976 Code is amended 39 to read: 40 41 “Section 58-27-2000. The Commission and each of the 42 commissioners, For the purposes mentioned in this chapter, 43 commissioners may administer oaths, examine witnesses,

1 [1082] 112 1 consistent with the Code of Judicial Conduct, and certify official 2 acts.” 3 4 SECTION 207. Section 58-27-2010 of the 1976 Code is amended 5 to read: 6 7 “Section 58-27-2010. In case of failure on the part of any person 8 to comply with any lawful order of the commission or of any 9 commissioner or with any subpoena or subpoena duces tecum or in 10 the case of the refusal of any witness to testify concerning any 11 matter on which he may be interrogated lawfully, any court of 12 record of general jurisdiction, or a judge thereof, may, on 13 application of the Commission or of a commissioner of a party 14 requesting a subpoena, compel obedience by proceedings for 15 contempt as in the case of disobedience of the requirements of a 16 subpoena issued from such court or a refusal to testify therein. 17 The commission must not be a party to any proceeding.” 18 19 SECTION 208. Section 58-27-2020 of the 1976 Code is amended 20 to read: 21 22 “Section 58-27-2020. Any investigation, inquiry, or hearing 23 which the commission has power to undertake or hold may be 24 undertaken or held by or before any one or more of the 25 commissioners, upon condition,; however, that such the 26 commissioner or commissioners shall must have been authorized 27 by the commission to undertake or hold such investigation, inquiry 28 or the hearing. Each investigation, inquiry or hearing before or by 29 any such a commissioner or commissioners shall be deemed to be 30 the investigation, inquiry and must be considered the hearing of 31 the commission. Any determination, ruling, or order of a 32 commissioner or commissioners, upon any such investigation, 33 inquiry or a hearing undertaken or held by him or them shall, must 34 not become effective until due notice has been given to the 35 commission and the same determination, ruling, or order has been 36 approved and confirmed by at least a quorum of the commission 37 and ordered to be filed in its office. Upon such confirmation and 38 order, the determination, ruling, or order shall be the 39 determination, ruling, or order of the commission.” 40 41 SECTION 209. Section 58-27-2030 of the 1976 Code is amended 42 to read: 43

1 [1082] 113 1 “Section 58-27-2030. In any investigation, inquiry or hearing, 2 the commission may employ a special agent or examiner who 3 shall have power to administer oaths, examine witnesses, 4 consistent with the Code of Judicial Conduct, and receive evidence 5 in any locality which the commission, having regard to the public 6 convenience and the proper discharge of its functions and duties, 7 may designate. The testimony and evidence so taken or received 8 shall have the same force and effect as if taken or received by the 9 commission or any one or more of the commissioners as above 10 provided.” 11 12 SECTION 210. Section 58-27-2040 of the 1976 Code is amended 13 to read: 14 15 “Section 58-27-2040. At the time fixed for any hearing before 16 the commission or a commissioner or the time to which the same 17 may have been continued, the complainant petitioner and the 18 person, corporation, or the affected electrical utility complained of 19 shall be is entitled to be heard and to introduce evidence, in person 20 or by attorney.” 21 22 SECTION 211. Section 58-27-2050 of the 1976 Code is amended 23 to read: 24 25 “Section 58-27-2050. The Commission, any commissioner 26 Office of Regulatory Staff or any party to the proceedings may, in 27 any investigation or hearing before the commission, cause the 28 depositions of witnesses residing within or without the State to be 29 taken in the manner prescribed by law for taking depositions in 30 civil actions in the courts of this State.” 31 32 SECTION 212. Section 58-27-2060 of the 1976 Code is amended 33 to read: 34 35 “Section 58-27-2060. No person shall be is excused from 36 testifying or from producing any book, document, paper, or 37 account in any investigation or inquiry by, or hearing before, the 38 commission or any commissioner, when ordered to do so, upon the 39 ground that the testimony or evidence, book, document, paper, or 40 account required of him may tend to incriminate him or subject 41 him to penalty or forfeiture; but no person shall be prosecuted, 42 punished, or subjected to any forfeiture or penalty for or on 43 account of any act, transaction, matter, or thing concerning which

1 [1082] 114 1 he shall have been compelled under oath to testify or produce 2 documentary evidence. But no person so testifying shall be is 3 exempt from prosecution or punishment for any perjury committed 4 by him in his testimony.” 5 6 SECTION 213. Section 58-27-2070 of the 1976 Code is amended 7 to read: 8 “Section 58-27-2070. Copies of official documents and orders 9 filed or deposited according to law in the office of the commission 10 or the Office of Regulatory Staff, certified by a commissioner or 11 by the secretary clerk of the commission under its official seal or 12 the executive director of the Office of Regulatory Staff to be true 13 copies of the original, shall be evidence in like manner as the 14 originals in all matters before the commission and in the courts of 15 this State. The commission by rule and the Office of Regulatory 16 Staff may prescribe reasonable charges to be paid for furnishing 17 authenticated copies of such documents and orders.” 18 19 SECTION 214. Section 58-27-2090 of the 1976 Code, as 20 amended by Act 138 of 1983, is further amended to read: 21 22 “Section 58-27-2090. When, in the judgment of the commission, 23 there is a reasonably substantial affiliation of any electrical utility 24 engaged in business in this State with any other corporation or 25 person or when, in the judgment of the commission, any other 26 corporation or person either exercises or is in position to exercise, 27 by reason of ownership or control of securities or for any other 28 cause, any reasonably substantial control over the business or 29 policies of any electrical utility engaged in business in this State, 30 the burden of proof shall be upon the electrical utility to establish 31 as determined by the commission the reasonableness, fairness, and 32 absence of injurious effect upon the public interest of any fees or 33 charges growing out of any transactions between any electrical 34 utility and such other corporation or person (a) in relation to 35 supervision, management, construction, or engineering, services or 36 contract, (b) for the sale of material, supplies, equipment, or other 37 commodities, or (c) for any other purpose. Every electrical utility 38 shall be required to produce, if so ordered by the commission in a 39 pending proceeding, for the information of the commission and the 40 other parties all such contracts, papers, and documents relating 41 thereto and explanatory thereof as may be required by the 42 commission, and unless the reasonableness, fairness, and absence 43 of injurious effect upon the public interest of such fees and charges

1 [1082] 115 1 are established as determined by the commission, the same shall 2 not be allowed by the commission for rate-making purposes. 3 The commission shall not allow for rate-making purposes any 4 fees or expenses included in any contract or agreement with an 5 affiliate representing charges that the commission has directly 6 disallowed in its rate-making orders.” 7 8 SECTION 215. Section 58-27-2130 of the 1976 Code is amended 9 to read: 10 11 “Section 58-27-2130. The commission may at any time, except 12 in those cases provided for in Section 58-27-2150, after notice and 13 after opportunity to be heard as provided in the case of complaints 14 petitions, rescind or amend any order or decision made by it. Any 15 order rescinding or amending a prior order or decision, after notice 16 thereof, either personal or by registered mail, has been given to the 17 electrical utility affected and to the other parties to the 18 proceedings, shall have the same effect as is herein provided for 19 original orders or decisions, but no such order shall affect the 20 legality or validity of any acts done pursuant to the original order 21 before service of notice of such change.” 22 23 SECTION 216. Section 58-27-2310 of the 1976 Code is amended 24 to read: 25 26 “Section 58-27-2310. Any party in interest being dissatisfied 27 with an order of the commission may commence an action in any 28 court of competent jurisdiction against the Commission and other 29 interested parties as defendants to vacate or set aside the order, 30 either in whole or in part, any such order on the ground that the 31 order is unlawful or unreasonable. But no cause of action shall 32 accrue to vacate or set aside, either in whole or in part, any order 33 of the commission, except an order on a rehearing, unless a 34 petition to the commission for a rehearing has been filed and 35 refused or deemed refused because of the commission’s failure to 36 act thereon within twenty days. Any action brought hereunder 37 must be commenced within thirty days from the date of service of 38 notice of the order of the commission on a rehearing or of its 39 refusal of a petition for rehearing, either by order or failure to act 40 thereon within twenty days. The commission must not be a party 41 to any action.” 42

1 [1082] 116 1 SECTION 217. Section 58-27-2330 of the 1976 Code is amended 2 to read: 3 4 “Section 58-27-2330. All actions and proceedings for review 5 under this chapter and all actions or proceedings to which the 6 Commission Office of Regulatory Staff or the State or any of its 7 governmental agencies may be parties and in which any question 8 arises under this chapter or under or concerning any order or 9 decision of the commission thereunder shall be given priority of 10 hearing in all courts over all other civil causes except election 11 cases, irrespective of position on the calendar.” 12 13 SECTION 218. Section 58-27-2440 of the 1976 Code is amended 14 to read: 15 16 “Section 58-27-2440. Actions to recover penalties under this 17 chapter shall be brought in the name of the State by the Office of 18 Regulatory Staff in any court of competent jurisdiction.” 19 20 SECTION 219. Section 58-31-380 of the 1976 Code is amended 21 to read: 22 23 “Section 58-31-380. The Public Service Authority shall 24 annually report to the Public Service Commission Office of 25 Regulatory Staff in the same manner as electric cooperatives as to 26 the rates charged by it.” 27 28 SECTION 220. Section 58-33-10 of the 1976 Code is amended to 29 read: 30 31 “Section 58-33-10. This chapter shall be known, and may be 32 cited, as the ‘Utility Facility Siting and Environmental Protection 33 Act.’” 34 35 SECTION 221. Section 58-33-20 of the 1976 Code is amended to 36 read: 37 38 “Section 58-33-20. The following words, when used in this 39 chapter, shall have has the following meanings, unless otherwise 40 clearly apparent from the context: 41 (1) The word term ‘commission’ shall mean means Public 42 Service Commission. 43 (2) The words term ‘major utility facility’ shall mean means:

1 [1082] 117 1 (a) Electric electric generating plant and associated facilities 2 designed for, or capable of, operation at a capacity of more than 3 seventy-five megawatts. 4 (b) An an electric transmission line and associated facilities 5 of a designed operating voltage of one hundred twenty-five 6 kilovolts or more; provided, however, that the words ‘major utility 7 facility’ shall not include electric distribution lines and associated 8 facilities, nor shall the words ‘major utility facility’ include electric 9 transmission lines and associated facilities leased to and operated 10 by (or which upon completion of construction are to be leased to 11 and operated by) the South Carolina Public Service Authority. 12 (3) The words term ‘commence to construct’ shall mean means 13 any clearing of land, excavation or other action that would 14 adversely affect the natural environment of the site or route of a 15 major utility facility, but does not include surveying or changes 16 needed for temporary use of sites or routes for nonutility purposes, 17 or uses in securing geological data, including necessary borings to 18 ascertain foundation conditions. 19 (4) The word term ‘municipality’ shall mean means any county 20 or municipality within this State. 21 (5) The word term ‘person’ shall include includes any 22 individual, group, firm, partnership, corporation, cooperative, 23 association, government subdivision, government agency, local 24 government, municipality, any other organization, or any 25 combination of any of the foregoing, but shall not include the 26 South Carolina Public Service Authority. 27 (6) The words term ‘public utility’ or ‘utility’ shall mean 28 means any person engaged in the generating, distributing, sale, 29 delivery, or furnishing of electricity for public use. 30 (7) The word term ‘land’ shall mean means any real estate or 31 any estate or interest therein, including water and riparian rights, 32 regardless of the use to which it is devoted. 33 (8) The word term ‘certificate’ shall mean means a certificate 34 of environmental compatibility and public convenience and 35 necessity. 36 (9) The term ‘regulatory staff’ means the executive director or 37 the executive director and the employees of the Office of 38 Regulatory Staff.” 39 40 SECTION 222. Section 58-33-120 of the 1976 Code is amended 41 to read: 42

1 [1082] 118 1 “Section 58-33-120. (1) An applicant for a certificate shall 2 file an application with the commission an application, in such 3 form as the commission may prescribe, containing. The application 4 must contain the following information: 5 (a) A a description of the location and of the major utility 6 facility to be built.; 7 (b) A a summary of any studies which have been made by or 8 for applicant of the environmental impact of the facility.; 9 (c) A a statement explaining the need for the facility.; and 10 (d) Such any other information as the applicant may 11 consider relevant or as the commission may by regulation or order 12 require. A copy of the study referred to in item (b) above shall be 13 filed with the commission, if ordered, and shall be available for 14 public information. 15 (2) Each application shall be accompanied by proof of service 16 of a copy of the application on the Office of Regulatory Staff, the 17 chief executive officer of each municipality, and the head of each 18 State state and local government agency, charged with the duty of 19 protecting the environment or of planning land use, in the area in 20 the county in which any portion of the facility is to be located. 21 The copy of the application shall be accompanied by a notice 22 specifying the date on or about which the application is to be filed. 23 (3) Each application shall also must be accompanied by proof 24 that public notice was given to persons residing in the 25 municipalities entitled to receive notice under subsection (2) of 26 this section, by the publication of a summary of the application, 27 and the date on or about which it is to be filed, in newspapers of 28 general circulation as will serve substantially to inform such 29 persons of the application. 30 (4) Inadvertent failure of service on, or notice to, any of the 31 municipalities, government agencies or persons identified in 32 subsections (2) and (3) of this section may be cured pursuant to 33 orders of the commission designed to afford them adequate notice 34 to enable their effective participation in the proceeding. In 35 addition, the commission may, after filing, require the applicant to 36 serve notice of the application or copies thereof, or both, upon 37 such other persons, and file proof thereof, as the commission may 38 deem appropriate. 39 (5) An application for an amendment of a certificate shall be in 40 such form and contain such information as the commission shall 41 prescribe. Notice of the application shall be given as set forth in 42 subsections (2) and (3) of this section.” 43

1 [1082] 119 1 SECTION 223. Section 58-33-140 of the 1976 Code, as amended 2 by Act 181 of 1993, is further amended to read: 3 4 “Section 58-33-140. (1) The parties to a certification 5 proceeding shall include: 6 (a) The the applicant.; 7 (b) The the Office of Regulatory Staff, the Department of 8 Health and Environmental Control, the Department of Natural 9 Resources, and the Department of Parks, Recreation and Tourism.; 10 (c) Each each municipality and government agency entitled 11 to receive service of a copy of the application under subsection (2) 12 of Section 58-33-120 if it has filed with the commission a notice of 13 intervention as a party within thirty days after the date it was 14 served with a copy of the application.; and 15 (d) Any any person residing in a municipality entitled to 16 receive service of a copy of the application under subsection (2) of 17 Section 58-33-120, any domestic nonprofit organization, formed in 18 whole or in part to promote conservation or natural beauty, to 19 protect the environment, personal health or other biological values, 20 to preserve historical sites, to promote consumer interest, to 21 represent commercial and industrial groups, or to promote the 22 orderly development of the area in which the facility is to be 23 located; or any other person, if such a person or organization has 24 petitioned the commission for leave to intervene as a party, within 25 thirty days after the date given in the published notice as the date 26 for filing the application, and if the petition has been granted by 27 the commission for good cause shown. 28 (2) Any person may make a limited appearance in the sixty 29 days after the date given in the published notice as the date for 30 filing the application. No person making a limited appearance 31 shall be a party or shall have the right to present oral testimony or 32 argument or cross-examine witnesses. 33 (3) The commission may, in extraordinary circumstances for 34 good cause shown, and giving consideration to the need for timely 35 start of construction of the facility, grant a petition for leave to 36 intervene as a party to participate in subsequent phases of the 37 proceeding, filed by a municipality, government agency, person, or 38 organization which is identified in paragraphs (b) or (c) of 39 subsection (1) of this section, but which failed to file a timely 40 notice of intervention or petition for leave to intervene, as the case 41 may be.” 42

1 [1082] 120 1 SECTION 224. Section 58-33-310 of the 1976 Code is amended 2 to read: 3 4 “Section 58-33-310. Any party may appeal, in accordance with 5 Section 1 - 23 - 380, from all or any portion of any final order or 6 decision of the commission, including conditions of the certificate 7 required by a State state agency under Section 58-33-160 as 8 provided by Section 58-27-2310. Any appeals may be called up 9 for trial out of their order by either party. The commission must 10 not be a party to an appeal.” 11 12 SECTION 225. Section 58-33-320 of the 1976 Code is amended 13 to read: 14 15 “Section 58-33-320. Except as expressly set forth in Section 16 58-33-310, no court of this State shall have jurisdiction to hear or 17 determine any issue, case, or controversy concerning any matter 18 which was or could have been determined in a proceeding before 19 the commission under this chapter or to stop or delay the 20 construction, operation, or maintenance of a major utility facility, 21 except to enforce compliance with this chapter or the provisions of 22 a certificate issued hereunder, and any such action shall be brought 23 only by the Commission Office of Regulatory Staff. Provided, 24 however, nothing herein contained shall be construed to abrogate 25 or suspend the right of any individual or corporation not a party to 26 maintain any action which he might otherwise have been entitled.” 27 28 SECTION 226. Section 58-33-420 of the 1976 Code is amended 29 to read: 30 31 “Section 58-33-420. The commission, in the discharge of its 32 duties under this chapter or any other statute, is authorized to make 33 joint investigations, hold joint hearings within or without the State 34 and issue joint or concurrent orders in conjunction or concurrence 35 with any official or agency of any other state of the United States, 36 whether in the holding of such investigations or any hearings, or in 37 the making of such orders, the commission shall function under 38 agreements or compacts between states or under the concurrent 39 power of states to regulate interstate commerce or as an agency of 40 the United States, or otherwise. The commission, in the discharge 41 of its duties under this chapter, is authorized to negotiate and enter 42 into agreements or compacts with agencies of other states, 43 pursuant to any consent of Congress, for cooperative efforts in

1 [1082] 121 1 certificating the construction, operation, and maintenance of major 2 utility facilities in accord with the purposes of this chapter and for 3 the enforcement of the respective state laws regarding same. The 4 commission may request the Office of Regulatory Staff to make 5 joint investigations with any official board or commission of any 6 state or of the United States.” 7 8 SECTION 227. Section 58-33-430 of the 1976 Code is amended 9 to read: 10 11 “Section 58-33-430. Each public utility shall annually furnish a 12 report to the commission and provide to the Office of Regulatory 13 Staff for its review containing a ten-year forecast of loads and 14 resources; provided, however, this section shall not apply to any 15 electric cooperative. The report shall list the major utility facilities 16 which, in the judgment of such utility, will be required to supply 17 system demands during the forecast period. The forecast shall 18 cover the ten-year period next succeeding the date of the report, 19 shall be made available to the public and furnished upon request to 20 municipalities and government agencies charged with the duty of 21 protecting the environment or of planning land use.” 22 23 SECTION 228. Section 58-35-70 of the 1976 Code, as last 24 amended by Act 216 of 2002, is further amended to read: 25 26 “Section 58-35-70. (A) Operators must form and operate an 27 association providing for mutual receipt of Section 58-35-60 28 notification of excavation or demolition operations in a defined 29 geographical area. An association that provides this service on 30 behalf of operators having utilities within South Carolina must file 31 with the South Carolina Public Service Commission and provide to 32 the Office of Regulatory Staff the telephone number and address of 33 the association, a description of the geographical area served by 34 the association, and a list of the names and addresses of each 35 operator receiving this service from the association. 36 (B) The association must file with the Chairman of the House 37 of Representatives Labor, Commerce and Industry Committee and 38 the Chairman of the Senate Judiciary Committee, not later than 39 April fifteenth of each year, a report covering the activities and 40 operations of the association for the preceding calendar year 41 including, but not limited to, information reflecting: average speed 42 of answer; abandoned call rate; transmit times; total number of

1 [1082] 122 1 locate requests; total number of transmissions; and a disaster 2 recovery plan. 3 (C) No operator is required to join an association.” 4 5 SECTION 229. Section 44-55-120(C) of the 1976 Code is 6 amended to read: 7 8 “(C) There is established a Safe Drinking Water Advisory 9 Committee for the purpose of advising and providing an annual 10 review to the department and General Assembly on the fee 11 schedule and the use of revenues deposited in the Drinking Water 12 Trust Fund. The Governor shall appoint the advisory committee 13 which must be composed of one member representing water 14 systems with fifty thousand or more service connections, one 15 member representing water systems with at least twenty-five 16 thousand but fewer than fifty thousand service connections, one 17 member representing water systems with at least ten thousand but 18 fewer than twenty-five thousand water service connections, one 19 member representing water systems with at least one thousand but 20 fewer than ten thousand service connections, one member 21 representing water systems with fewer than one thousand service 22 connections, and the State Consumer Advocate Executive Director 23 of the Office of Regulatory Staff and the Commissioner of the 24 Department of Health and Environmental Control, or a designee.” 25 26 SECTION 230. Section 48-46-40(B)(2), (B)(4), (B)(6), (B)(9), 27 (B)(11), (C), and (E)(2) of the 1976 Code, as added by Act 357 of 28 2000, is amended to read: 29 30 “(2) In identifying the allowable costs for operating a regional 31 disposal facility, the PSC shall: 32 (a) prescribe a system of accounts, using generally 33 accepted accounting principles, for disposal site operators, using as 34 a starting point the existing system used by site operators; 35 (b) obtain and audit the books and records of the site 36 operators associated with disposal operations as determined 37 applicable by the PSC; 38 (c) assess penalties against disposal site operators if the 39 PSC determines that they have failed to comply with regulations 40 pursuant to this section; and 41 (d)(c) require periodic reports from site operators that 42 provide information and data to the PSC and parties to these 43 proceedings. The Office of Regulatory Staff shall obtain and audit

1 [1082] 123 1 the books and records of the site operators associated with disposal 2 operations as determined applicable by the PSC. 3 (4) Within 90 ninety days following the end of a fiscal year, 4 a site operator may file an application with the PSC to adjust the 5 level of an allowable cost under subsection (3), or to allow a cost 6 not previously designated an allowable cost. A copy of the 7 application must be provided to the Office of Regulatory Staff. 8 The PSC shall process such application in accordance with its 9 procedures. If such application is approved by the PSC, the PSC 10 shall authorize the site operator to adjust allowable costs for the 11 current fiscal year so as to compensate the site operator for 12 revenues lost during the previous fiscal year. 13 (6) The site operator shall prepare and file with the PSC a 14 Least Cost Operating Plan. The plan must be filed within forty-five 15 days of enactment of this chapter and must be revised annually. 16 The plan shall include information concerning anticipated 17 operations over the next ten years and shall evaluate all options for 18 future staffing and operation of the site to ensure least cost 19 operation, including information related to the possible interim 20 suspension of operations in accordance with subsection (B)(7). A 21 copy of the plan must be provided to the Office of Regulatory 22 Staff. 23 (9) In all proceedings held pursuant to this section, the board 24 shall participate as a party representing the interests of the State of 25 South Carolina, and the compact commission may participate as a 26 party representing the interests of the compact states. The 27 Consumer Advocate Executive Director of the Office of 28 Regulatory Staff and the Attorney General of the State of South 29 Carolina shall be parties to any such proceeding. Representatives 30 from the Department of Health and Environmental Control shall 31 participate in proceedings where necessary to determine or define 32 the activities that a site operator must conduct in order to comply 33 with the regulations and license conditions imposed by the 34 department. Other parties may participate in the PSC’s 35 proceedings upon satisfaction of standing requirements and 36 compliance with the PSC’s procedures. Any site operator 37 submitting records and information to the PSC may request that 38 the PSC treat such records and information as confidential and not 39 subject to disclosure in accordance with the PSC’s procedures. 40 (11) At any time the compact commission, the board, or any 41 generator subject to payment of rates set pursuant to this chapter 42 may file a complaint petition against a site operator alleging that 43 allowable costs identified pursuant to this chapter are not in

1 [1082] 124 1 conformity with the directives of this chapter or the directives of 2 the PSC or that the site operator is otherwise not acting in 3 conformity with the requirements of this chapter or directives of 4 the PSC. Upon filing of the complaint petition, the PSC shall 5 cause a copy of the complaint petition to be served upon the site 6 operator. The complaining petitioning party has the burden of 7 proving that allowable costs or the actions of the site operator do 8 not conform. The hearing shall conform to the rules of practice 9 and procedure of the PSC for other complaint cases. 10 (C) The operator of a regional disposal facility shall submit to 11 the South Carolina Department of Revenue, the PSC, the Office of 12 Regulatory Staff, and the board within thirty days following the 13 end of each quarter a report detailing actual revenues received in 14 the previous fiscal quarter and allowable costs incurred for 15 operation of the disposal facility. 16 (2) All revenues in excess of two million dollars received 17 from waste disposed during the previous fiscal year must be 18 deposited in a fund called the ‘Nuclear Waste Disposal Receipts 19 Distribution Fund’. Any South Carolina waste generator whose 20 disposal fees contributed to the fund during the previous fiscal year 21 may submit a request for a rebate of 33.33 percent of the funds 22 paid by the generator during the previous fiscal year for disposal of 23 waste at a regional disposal facility. These requests along with 24 invoices or other supporting material must be submitted in writing 25 to the State Treasurer within fifteen days of the end of the fiscal 26 year. For this purpose disposal fees paid by the generator must 27 exclude any fees paid pursuant to Section 48-46-60(C) for compact 28 administration and fees paid pursuant to Section 48-46-60(B) for 29 reimbursement of the PSC, the Office of Regulatory Staff, the 30 State Treasurer, and the board for administrative expenses under 31 this chapter. Upon validation of the request and supporting 32 documentation by the State Treasurer, the State Treasurer shall 33 issue a rebate of the applicable funds to qualified waste generators 34 within sixty days of the receipt of the request. If funds in the 35 Nuclear Waste Disposal Receipts Distribution Fund are 36 insufficient to provide a rebate of 33.33 percent to each generator, 37 then each generator’s rebate must be reduced in proportion to the 38 amount of funds in the account for the applicable fiscal year.” 39 40 SECTION 231. Section 48-52-440(12) of the 1976 Code, as 41 added by Act 449 of 1992, is further amended to read: 42

1 [1082] 125 1 “(12) two representatives of individual consumers; one must be 2 the State Consumer Advocate Executive Director of the Office of 3 Regulatory Staff or the Consumer Advocate’s his designee, who 4 shall serve ex officio;” 5 6 SECTION 232. Section 2-20-10 of the 1976 Code is amended to 7 read: 8 9 “Section 2-20-10. Except as otherwise provided in Section 10 58-3-26 Sections 58 - 3 - 520 and 58 - 3 - 530, whenever an election is 11 to be held by the General Assembly in joint session, except for 12 members of the judiciary, a joint committee composed of eight 13 members, four of whom must be members of the House of 14 Representatives and four of whom must be members of the Senate, 15 must be appointed to consider the qualifications of the candidates. 16 Each body shall determine how its respective members are 17 selected. Each joint committee shall meet as soon after its 18 appointment as practicable and elect one of its members as 19 chairman, one as secretary, and other officers as it considers 20 desirable.” 21 22 SECTION 233. Sections 58-5-280, 58-9-840, 58-11-590, and 23 58-27-60 of the 1976 Code are repealed. 24 25 SECTION 234. Nothing in this act shall be deemed to repeal or 26 modify any prior act of the General Assembly that removes or 27 modifies the regulation of any service provided by any telephone 28 utility. 29 30 SECTION 235. This act takes effect upon approval by the 31 Governor. 32 ----XX---- 33

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