If the commission, after notice and hearing, determines that a utility subject to the regulations of the commission has wilfully failed to provide adequate and sufficient service for an unreasonable length of time and that it is likely to continue such failure to the detriment of the public served by the utility, or if the commission shall determine after notice and hearing, that adequate and sufficient service is not being provided by such utility and that such utility is unable to provide such service for any reason, the Office of Regulatory Staff shall have the right to petition the court of common pleas for the county wherein the utility shall have its principal office or place of business for the appointment of a receiver to assume possession of the facilities and system and to operate such utility upon such terms and conditions as the court shall prescribe. The court shall require as a condition to the appointment of such receiver that a sufficient bond be given by the receiver and conditioned upon his compliance with the orders of the court and the protection of all property rights involved. The court shall have the right to provide for disposition of the facilities and system in like manner as any other receivership proceeding in this State.
HISTORY: 1962 Code Section 58-150; 1969 (56) 244; 2006 Act No. 318, Section 19, eff May 24, 2006.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 5 - Gas, Heat, Water, Sewerage Collection And Disposal, And Street Railway Companies
Section 58-5-20. Applicability to a business not exclusively a public utility.
Section 58-5-210. Supervision and regulation of rates and service.
Section 58-5-220. Standardized system of accounts.
Section 58-5-230. Examination of books and accounts.
Section 58-5-240. Filing schedules of proposed rates and the like; effective date.
Section 58-5-260. Notice by publication of filing of new or changed schedule.
Section 58-5-270. Applications and individual consumer complaints; hearings.
Section 58-5-290. Correction by Commission of improper rates and the like.
Section 58-5-300. All facts may be considered in making correction.
Section 58-5-310. Record of proceedings; transcript of evidence.
Section 58-5-320. Recision, alteration or amendment of order or decision.
Section 58-5-330. Rehearing by Commission.
Section 58-5-340. Court review of orders or decisions.
Section 58-5-370. Charging higher water or gas rates than those fixed by Commission unlawful.
Section 58-5-390. Tap fees for installation and maintenance of fire sprinkler system; exception.
Section 58-5-400. Citation of article.
Section 58-5-410. Election to come under article.
Section 58-5-415. Duration of election; withdrawal of request to come under article.
Section 58-5-420. Contents of order.
Section 58-5-430. Monitoring reports; schedule and contents.
Section 58-5-440. March report; additional schedules.
Section 58-5-450. Review of reports; proposed tariff rate adjustments.
Section 58-5-460. Petition for review of Initial Order or failure to issue order; hearing.
Section 58-5-465. Final order; contents; deadline for issuance.
Section 58-5-480. Office of Regulatory staffing; assessments for staffing costs.
Section 58-5-740. Rights and remedies are cumulative.
Section 58-5-910. Short title.
Section 58-5-920. Definitions.
Section 58-5-930. Compliance with orders and regulations relating to federal safety standards.
Section 58-5-940. Assessments against gas utilities for administrative expenses and charges.
Section 58-5-950. Employment of staff; legal representation.
Section 58-5-960. Compliance with safety standards.
Section 58-5-980. Additional minimum safety standards.
Section 58-5-990. Application for rehearing; judicial review.
Section 58-5-1030. Civil penalties.
Section 58-5-1040. Injunctive relief.
Section 58-5-1050. Interaction with federal agencies.
Section 58-5-1060. Article inapplicable to liquefied petroleum gas.
Section 58-5-1070. Article inapplicable to anhydrous ammonia.
Section 58-5-1110. Definitions.
Section 58-5-1120. Termination procedures; contents.
Section 58-5-1130. Third-party notification program.
Section 58-5-1140. Disconnection when public safety emergency exists.
Section 58-5-1150. Promulgation of regulations.
Section 58-5-1160. Private right of action; new duty of care.