The Public Service Commission may not assign any portion of the present service area of the Public Service Authority to any electrical utility or electric cooperative and this service area must be exclusively served by the Public Service Authority unless otherwise agreed to by the Public Service Authority as described in this section. Santee Electric Cooperative, Inc., Berkeley Electric Cooperative, Inc., Horry Electric Cooperative, Inc., may serve those areas reserved to them as provided in Section 58-31-330. The Public Service Commission is directed to conform the present assignment under Section 58-27-620 to the mandates of this article. Nothing contained in this article may be construed as preventing the Public Service Commission from exercising its jurisdiction over electric cooperative service areas in the manner provided by law. Upon customer choice either the Public Service Authority, an electric cooperative mentioned above, or Edisto Electric Cooperative, Inc., may furnish electric service to any new premises which the other supplier has the right to serve, upon agreement of the affected suppliers.
Notwithstanding the foregoing, the Public Service Authority shall have the right to enter into agreements with other electric suppliers, as defined by Section 58-27-610, concerning service areas, as contemplated by Section 58-27-640, and corridor rights, as defined by Section 58-27-610. In that event, the Public Service Commission shall have the authority to approve said agreements and to reassign said service area or corridor rights. This authority shall only apply in situations where all affected electric suppliers have reached an agreement concerning service areas or corridor rights. With respect to the agreements, the commission shall approve the agreements and reassign said service area or corridor rights if, after giving notice and an opportunity for hearing to interested parties, it finds the agreements to be fair and reasonable, but the commission shall not have the authority to alter or amend any such agreement unless all affected electric suppliers agree to the alteration or amendment. For purposes of this article, the term "all affected electric suppliers" shall include, but not be limited to, the nearest electric cooperative or cooperatives to the proposed service area changes within a five mile radius of the affected service area or corridor. This section shall not confer service territory rights to the Public Service Authority beyond those provided in Section 58-31-330 and Section 58-31-320(2).
HISTORY: 1984 Act No. 399, Section 4, eff July 1, 1984; 2021 Act No. 90 (H.3194), Section 10, eff June 15, 2021.
Effect of Amendment
2021 Act No. 90, Section 10, in the first undesignated paragraph, in the first sentence, inserted "unless otherwise agreed to by the Public Service Authority as described in this section" at the end, in the fifth sentence, inserted ", or Edisto Electric Cooperative, Inc." following "mentioned above", deleted "pursuant to the provisions of this article" following "right to serve", and made nonsubstantive changes throughout; and added the second undesignated paragraph.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 31 - Public Service Authority
Section 58-31-10. Creation of South Carolina Public Service Authority; offices.
Section 58-31-20. Board of directors; advisory board.
Section 58-31-30. Powers of Authority.
Section 58-31-40. Remedies upon default of obligations; appointment of receiver.
Section 58-31-50. Right to and procedure for acquisition of property by Authority.
Section 58-31-55. Standards for director's discharge of duties; immunity.
Section 58-31-56. Conflict of interest transactions.
Section 58-31-57. Suits for breach of duty.
Section 58-31-60. Duties and powers of board of directors.
Section 58-31-70. Use of facilities and operation of business of Authority.
Section 58-31-90. Payments in lieu of taxes to certain counties and school districts.
Section 58-31-100. Payment of additional sums in lieu of taxes.
Section 58-31-110. Net earnings; disposition and use.
Section 58-31-120. Authority shall use labor and materials from this State.
Section 58-31-150. Amendments or repeal of chapter; effect.
Section 58-31-160. Authority may construct Santee-Cooper project.
Section 58-31-170. Designation of Lake Moultrie and Lake Marion.
Section 58-31-200. Joint ownership of nuclear electric generating station in Fairfield County.
Section 58-31-225. Office of Regulatory Staff; inspections, audits, and examinations.
Section 58-31-227. Renewable energy facilities and resources.
Section 58-31-230. Public Service Authority broadband authority.
Section 58-31-240. Joint Bond Review Committee; annual reporting of real property transactions.
Section 58-31-250. Legislative oversight.
Section 58-31-310. Definitions.
Section 58-31-320. Customers to whom Authority shall provide electric service.
Section 58-31-330. Service area of authority.
Section 58-31-340. Filing and correcting drawings; acquisition of facilities outside service area.
Section 58-31-350. Acquisition of facilities within service area.
Section 58-31-360. State covenant with holders of obligations of Authority.
Section 58-31-370. Jurisdiction of circuit court.
Section 58-31-380. Annual report of Authority as to rates.
Section 58-31-400. Submission of annual budget.
Section 58-31-440. Maintenance of existing lines; customer choice in certain circumstances.
Section 58-31-450. Erosion control.
Section 58-31-510. Definitions.
Section 58-31-520. Termination procedures; contents.
Section 58-31-530. Third-party notification program.
Section 58-31-540. Disconnection when public safety emergency exists.
Section 58-31-550. Private right of action; duty of care.
Section 58-31-710. Adoption and publication of pricing principles.
Section 58-31-720. Definition of "customer".
Section 58-31-730. Retail rate adjustment process; notice; interim rates; judicial review.