A gas utility which is or will be adversely affected by a rule or order of the commission adopted or established pursuant to this article may file an application for rehearing and may seek judicial review in accordance with provisions of Section 58-5-340. The commission must not be named a party to any action.
HISTORY: 1962 Code Section 58-139; 1970 (56) 2420; 2006 Act No. 318, Section 27, eff May 24, 2006; 2006 Act No. 387, Section 40, eff July 1, 2006.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
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.