South Carolina Code of Laws
Chapter 33 - Utility Facility Siting And Environmental Protection
Section 58-33-20. Definitions.

The following words, when used in this chapter, has the following meanings, unless otherwise clearly apparent from the context:
(1) The term "commission" means Public Service Commission.
(2) The term "major utility facility" means:
(a) electric generating plant and associated facilities designed for, or capable of, operation at a capacity of more than seventy-five megawatts.
(b) an electric transmission line and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more; provided, however, that the words "major utility facility" shall not include electric distribution lines and associated facilities.
(3) The term "commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying or changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions.
(4) The term "municipality" means any county or municipality within this State.
(5) The term "person" includes any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, municipality, any other organization, or any combination of any of the foregoing, and shall include the South Carolina Public Service Authority.
(6) The term "public utility" or "utility" means any person engaged in the generating, distributing, sale, delivery, or furnishing of electricity for public use.
(7) The term "land" means any real estate or any estate or interest therein, including water and riparian rights, regardless of the use to which it is devoted.
(8) The term "certificate" means a certificate of environmental compatibility and public convenience and necessity.
(9) The term "regulatory staff" means the executive director or the executive director and the employees of the Office of Regulatory Staff.
HISTORY: 1962 Code Section 58-1803; 1971 (57) 889; 2006 Act No. 318, Section 221, eff May 24, 2006; 2021 Act No. 90 (H.3194), Section 19, eff January 1, 2022.

Code Commissioner's Note
At the direction of the Code Commissioner, the first undesignated paragraph, which was inadvertently deleted by 2021 Act No. 90, Section 19, was reinstated.
Effect of Amendment
2021 Act No. 90, Section 19, in (2), in (b), deleted ", nor shall the words 'major utility facility' include electric transmission lines and associated facilities leased to and operated by (or which upon completion of construction are to be leased to and operated by) the South Carolina Public Service Authority" at the end; and in (5), substituted "and shall include" for "but shall not include".

Structure South Carolina Code of Laws

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 58-33-110. Certificate required before construction of major utility facility; transfer and amendment of certificate; exceptions; emergency certificates.

Section 58-33-120. Application for certificate; service on and notice to municipalities, government agencies and other persons of application.

Section 58-33-130. Hearings.

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 58-33-225. Project development applications; prudency determinations; disallowance of imprudent costs; deferral of costs of abandoned project.

Section 58-33-230. Filing applications for proposed construction with commission; copy to and role of Office of Regulatory Staff; application for certificate under Utility Facility Siting and Environmental Protection Act for plants inside South Carol...

Section 58-33-240. Applicability of procedural requirements for general rate proceedings; notice; burden of proof as to prudence of decision to build plant; deadlines.

Section 58-33-250. Application for baseline review; contents.

Section 58-33-260. Combined application; contents.

Section 58-33-270. Base load review orders; contents; petition for modification; settlement agreements between Office of Regulatory Staff and applicant.

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 58-33-285. Review of revised rates order or failure to issue such order; Office of Regulatory Staff as party; intervention.

Section 58-33-287. Review proceedings; consideration of settlement; discovery; contents and time for issuance of final order.

Section 58-33-290. Effect of denial of or failure to seek project development application; filing new or amended applications.

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 58-33-420. Joint hearings with agencies from other states; agreements and compacts; joint investigations.

Section 58-33-430. Annual reports shall be furnished by public utilities.