South Carolina Code of Laws
Chapter 33 - Utility Facility Siting And Environmental Protection
Section 58-33-280. Requests for approval of revised rates.

(A) No earlier than one year after filing the application or combined application, and no more frequently than annually thereafter, the utility may file with the commission and serve on the Office of Regulatory Staff requests for the approval of revised rates subsequent to those approved in the base load review order.
(B) A utility must be allowed to recover through revised rates its weighted average cost of capital applied to all or, at the utility's option, part of the outstanding balance of construction work in progress, calculated as of a date specified in the filing. Any construction work in progress not included in any specific filing for revised rates shall continue to earn AFUDC and may be included in rates through future filings. The revised rates filing shall include the most recent monitoring report filed under Section 58-33-277(A) updated to reflect information current as of the date specified in the filing.
(C) Written comments to the commission and the Office of Regulatory Staff concerning the revised rates and the information supporting them shall be allowed within one month of the revised rates filing.
(D) The Office of Regulatory Staff shall review and audit the revised rates and the information supporting them to determine their compliance with the terms of this article. No later than two months after the date of the revised rates filing, the Office of Regulatory Staff shall serve on the commission and all intervenors and parties of record a report indicating the results of its review and audit and proposing any changes to the revised rates or the information supporting them that the Office of Regulatory Staff determines to be necessary to comply with the terms of this article.
(E) Written comments related to the report may be filed with the commission within one month from the date of the filing of the report. Comments must be served on the Office of Regulatory Staff and simultaneously mailed or electronically transmitted to the utility and to all intervenors and parties of record who previously appeared and filed comments. The Office of Regulatory Staff may revise its report considering comments filed.
(F) No later than four months after the date of the revised rates filing, the commission shall issue a revised rates order granting, modifying, or denying revised rates as filed by the utility. In the absence of such a revised rates order, the revised rates shall be considered to be approved as filed. If the commission fails to issue an order within the period prescribed in this section, a party may move that the commission issue an order granting or denying the application. If the commission fails to issue an order within ten days after the motion is served, the application will be considered granted.
(G) Where both Office of Regulatory Staff and the utility agree in writing on the revised rates to be implemented, the commission may give weight to the agreement in issuing its revised rates order but may consider additional factors at its discretion.
(H) If the utility is granted a rate increase in the revised rates order, the utility shall provide notice to its customers with the next billing. The utility may implement revised rates for bills rendered on or after a date selected by the utility, which may not be sooner than thirty days after revised rates are approved.
(I) Upon implementation of revised rates under this article, the utility will cease to accrue AFUDC on that component of its construction work in progress on which it is recovering its weighted average cost of capital through revised rates.
(J) Other provisions of this article notwithstanding:
(1) The utility may file a final set of revised rates for a plant to go into effect upon commercial operation of the plant, the filing to be made no sooner than seven months before the projected date that the plant is to commence commercial operations. In the final revised rates the utility may include recovery of the weighted average cost of capital applied to all or part of the capital costs associated with the plant. In all cases, the decision to seek recovery in revised rates of less than the full amount of its cost must be at the utility's sole discretion. Rate adjustments to reflect the revenue requirements related to in-service expenses must be included in the final revised rates and shall be based on the utility's most current budget estimates of those expenses for the succeeding twelve-month period at the time the final revised rates are filed or actual expenses, if available.
(2) If the commission rejects a revised rate filing on grounds that may be corrected in a subsequent filing, or if the utility withdraws a revised rate filing before a revised rates order is issued, the utility may file a subsequent request for revised rates at any time thereafter.
(3) The utility may seek to recover any capital costs, in-service expenses, or other costs not included in revised rates through future general rate proceedings.
(4) Revised rates shall not be allowed, under Section 58-33-270(C) or under Section 58-33-280, for coal plants located in South Carolina that were certificated for construction under the Utility Facility Siting and Environmental Protection Act before December 31, 2007, or for coal plants located outside of South Carolina if certificated under a state statute analogous to the Utility Facility Siting and Environmental Protection Act before December 31, 2007.
(K) Where a plant is abandoned after a base load review order approving rate recovery has been issued, the capital costs and AFUDC related to the plant shall nonetheless be recoverable under this article provided that the utility shall bear the burden of proving by a preponderance of the evidence that the decision to abandon construction of the plant was prudent. Without limiting the effect of Section 58-33-275(A), recovery of capital costs and the utility's cost of capital associated with them may be disallowed only to the extent that the failure by the utility to anticipate or avoid the allegedly imprudent costs, or to minimize the magnitude of the costs, was imprudent considering the information available at the time that the utility could have acted to avoid or minimize the costs. The commission shall order the amortization and recovery through rates of the investment in the abandoned plant as part of an order adjusting rates under this article.
(L) After completion of a plant that is subject to a base load review order, the Office of Regulatory Staff shall conduct an audit of the utility revenues, expenses, and rates consistent with the audits conducted of filings for new electric rates under Section 58-27-860. The audit must be based on a twelve-month test period ending no later than December thirty-first of the calendar year following the year in which the plant entered commercial operation and must be filed with all parties to the base load review proceeding within four months of the conclusion of the test period.
HISTORY: 2007 Act No. 16, Section 2, eff upon approval (became law without the Governor's signature on May 3, 2007); 2018 Act No. 258 (H.4375), Section 4, eff June 28, 2018.

Editor's Note
2018 Act No. 258, Section 12, provides as follows:
"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."
Effect of Amendment
2018 Act No. 258, Section 4, in (G), substituted "may give weight to the agreement in issuing its revised rates order but may consider additional factors at its discretion" for "shall give substantial weight to the agreement in issuing its revised rates order" at the end.

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.