(A)(1) In addition to the requirements of Articles 1, 3, 5, and 7 of Chapter 33, Title 58, a certificate for the construction of a major utility facility shall be granted only if the Public Service Authority demonstrates and proves by a preponderance of the evidence and the commission finds:
(a) the construction of a major utility facility constitutes a more cost-effective means for serving direct serve and wholesale customers than other feasibly available long-term power supply alternatives and provides less ratepayer risk while maintaining safe and reliable electric service than other feasibly available long-term power supply alternatives; and
(b) energy efficiency measures; demand-side management; renewable energy resource generation; available long-term power supply alternatives, or any combination thereof, would not establish or maintain a more cost-effective and reliable generation system and that the construction and operation of the facility is in the public interest.
(2) Available long-term power supply alternatives may include, but are not limited to, power purchase agreements, competitive procurement of renewable energy, joint dispatch agreements, market purchases from an existing regional transmission organization, joining or creating a new regional transmission organization, using best available technology for energy generation, transmission, storage and distribution, or any combination thereof.
(3) The commission shall consider any previous analysis performed pursuant to Section 58-37-40 in acting upon any petition by the Public Service Authority pursuant to this section. The commission shall also take into account the Public Service Authority's resource and fuel diversity, reasonably anticipated future operating costs, arrangements with other electric utilities for interchange of power, pooling of plants, purchase of power and other alternative methods for providing reliable, efficient, and economical electric service.
(B) The Public Service Authority shall file an estimate of construction costs in such detail as the commission may require. No certificate shall be granted unless the commission has approved the estimated construction costs and made a finding that construction will be consistent with the Authority's commission-approved plan for expansion of electric generating capacity.
HISTORY: 2021 Act No. 90 (H.3194), Section 20, eff January 1, 2022.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 33 - Utility Facility Siting And Environmental Protection
Section 58-33-10. Short title.
Section 58-33-20. Definitions.
Section 58-33-140. Parties to certification proceedings; limited appearances; intervention.
Section 58-33-150. Record of proceedings; consolidation of representation of parties.
Section 58-33-160. Decision of Commission.
Section 58-33-170. Opinion of Commission.
Section 58-33-180. Additional requirements regarding construction of a major utility facility.
Section 58-33-185. Additional requirements regarding acquisition of a major utility facility.
Section 58-33-190. Additional requirements regarding purchase of a major utility facility.
Section 58-33-210. Citation and applicability of article.
Section 58-33-220. Definitions.
Section 58-33-250. Application for baseline review; contents.
Section 58-33-260. Combined application; contents.
Section 58-33-275. Base load review orders; parameters; challenges; recovery of capital costs.
Section 58-33-277. Reports; contents; on-going monitoring by Office of Regulatory Staff.
Section 58-33-280. Requests for approval of revised rates.
Section 58-33-295. Office of Regulatory staffing; expert witnesses.
Section 58-33-298. Application of limitations on rate filings in Section 58-27-870(E).
Section 58-33-310. Appeal from final order or decision.
Section 58-33-320. Jurisdiction of courts.
Section 58-33-410. Authority of other agencies or local governments; application of other laws.
Section 58-33-430. Annual reports shall be furnished by public utilities.