(A) Any utility proposing to construct a plant, individually or jointly with other parties, may elect to come under the terms of this article by filing an application or combined application with the commission, and by serving a copy of that application or combined application on the Office of Regulatory Staff.
(B) If the plant is to be located in South Carolina and no application for a certificate under the Utility Facility Siting and Environmental Protection Act has previously been granted or is then pending, the utility shall file a combined application under this article.
(C) If the plant is to be located outside South Carolina but will serve retail customers in this State, the utility shall file a combined application, but as to the Utility Facility Siting and Environmental Protection Act, the combined application shall address only the requirements of Section 58-33-160(1)(a), (d), and (f), and information pertaining to the environmental impacts of the plant may not be included in the combined application. In issuing the resulting order as to the Utility Facility Siting and Environmental Protection Act, the commission shall make the determinations required under Section 58-33-160(1)(a), (d) and (f) only.
(D) For plants located outside South Carolina that will serve retail customers in this State, the issuance of a certificate for the plant by the host state after a review of issues comparable to those considered under Section 58-33-160(1)(a), (d) and (f) of the Utility Facility Siting and Environmental Protection Act shall create a rebuttable presumption that the requirements of those sections are satisfied.
(E) An application or combined application may be combined with a general rate proceeding application at the utility's option.
(F) The Office of Regulatory Staff shall safeguard the public interest in all matters arising under this article. It shall have full audit rights related to all matters arising under this article and shall review the reasonableness and necessity of all costs to be recovered under this article.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007).
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.