(A) A base load review order shall constitute a final and binding determination that a plant is used and useful for utility purposes, and that its capital costs are prudent utility costs and expenses and are properly included in rates so long as the plant is constructed or is being constructed within the parameters of:
(1) the approved construction schedule including contingencies; and
(2) the approved capital costs estimates including specified contingencies.
(B) Determinations under Section 58-33-275(A) may not be challenged or reopened in any subsequent proceeding, including proceedings under Section 58-27-810 and other applicable provisions and Section 58-33-280 and other applicable provisions of this article.
(C) So long as the plant is constructed or being constructed in accordance with the approved schedules, estimates, and projections set forth in Section 58-33-270(B)(1) and 58-33-270(B)(2), as adjusted by the inflation indices set forth in Section 58-33-270(B)(5), the utility must be allowed to recover its capital costs related to the plant through revised rate filings or general rate proceedings.
(D) Changes in fuel costs will not be considered in conducting any evaluation under this section.
(E) In cases where a party proves by a preponderance of the evidence that there has been a material and adverse deviation from the approved schedules, estimates, and projections set forth in Section 58-33-270(B)(1) and 58-33-270(B)(2), as adjusted by the inflation indices set forth in Section 58-33-270(B)(5), the commission may disallow the additional capital costs that result from the deviation, but only to the extent that the failure by the utility to anticipate or avoid the deviation, or to minimize the resulting expense, was imprudent considering the information available at the time that the utility could have acted to avoid the deviation or minimize its effect.
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.