South Carolina General Assembly
105th Session, 1983-1984

Bill 2252


                    Current Status

Bill Number:               2252
Ratification Number:       240
Act Number                 138
Introducing Body:          House
Subject:                   Proposed new rates by a public
                           utility
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A138, R240, H2252)

AN ACT TO AMEND SECTION 58-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING SCHEDULES OF PROPOSED NEW RATES BY A PUBLIC UTILITY, SO AS TO REQUIRE THE UTILITY TO GIVE NOT LESS THAN THIRTY DAYS' NOTICE OF ITS INTENTION TO FILE A NEW SCHEDULE; PROHIBIT THE UTILITY FROM PLACING INTO EFFECT ANY NEW RATES, TOLLS, RENTALS, CHARGES, CLASSIFICATIONS, OR REGULATIONS PRIOR TO APPROVAL BY THE PUBLIC SERVICE COMMISSION; PROVIDE THAT THE COMMISSION SHALL HOLD A PUBLIC HEARING CONCERNING THE LAWFULNESS OR REASONABLENESS OF THE CHANGES; PROVIDE THAT THE COMMISSION SHALL ISSUE ITS ORDER ON THE CHANGES WITHIN SIX MONTHS AFTER THE SCHEDULE IS FILED; PROVIDE THAT THE COMMISSION MAY EXTEND THE SIX-MONTH PERIOD FOR FIVE DAYS; PROVIDE FOR THE UTILITY TO PUT THE RATES REQUESTED INTO EFFECT UNDER BOND ONLY DURING AN APPEAL FROM AN ORDER OF THE COMMISSION AND UNTIL FINAL DISPOSITION OF THE CASE; PROVIDE THAT OTHER ARRANGEMENTS FOR THE PROTECTION OF INTERESTED PARTIES MAY BE SUBSTITUTED FOR THE BOND; PROVIDE THAT REFUNDS SHALL BEAR INTEREST AT A RATE OF TWELVE PERCENT PER ANNUM AND MUST BE THE DIFFERENCE BETWEEN THE AMOUNT COLLECTED UNDER BOND AND THE AMOUNT APPROVED; PROVIDE THAT IF THE COMMISSION FAILS TO RULE OR ISSUE ITS ORDER WITHIN THE TIME PRESCRIBED IN THIS SECTION, THE UTILITY MAY EFFECT THE CHANGE IN RATES IT REQUESTED; PROVIDE THAT AFTER THE SCHEDULE IS FILED, NO FURTHER RATE CHANGE REQUEST MAY BE FILED UNTIL TWELVE MONTHS HAVE ELAPSED UNLESS THE REQUEST IS FOR A RATE REDUCTION; AND TO ALLOW THE COMMISSION TO PUT INTO EFFECT RATES OR TARIFFS WITHOUT A HEARING WHEN A DETERMINATION OF THE ENTIRE RATE STRUCTURE AND OVERALL RATE OF RETURN IS NOT REQUIRED OR WHEN THE RATES OR TARIFFS DO NOT RESULT IN ANY RATE INCREASE OR WHEN THE RATES OR TARIFFS ARE FOR EXPERIMENTAL PURPOSES; TO AMEND SECTION 58-9-520, RELATING TO CHANGES IN RATES BY TELEPHONE UTILITIES, SO AS TO REQUIRE THE UTILITY TO GIVE THE COMMISSION NOT LESS THAN THIRTY DAYS' NOTICE OF ITS INTENTION TO FILE A NEW SCHEDULE WHICH AFFECTS THE UTILITY'S GENERAL BODY OF SUBSCRIBERS, EXCEPT WHEN THE PROPOSAL INSTITUTES OR MODIFIES AN OFFERING OR REGULATION NOT PART OF A GENERAL RATE CASE AND DOES NOT AFFECT THE UTILITY'S GENERAL BODY OF SUBSCRIBERS, AND PROVIDE THAT THE PROPOSED CHANGES MUST NOT BE PUT INTO EFFECT UNTIL APPROVED BY THE COMMISSION; TO AMEND SECTION 58-9-540, RELATING TO HEARINGS ON NEW SCHEDULES OF RATES BY A TELEPHONE UTILITY, SO AS TO PROVIDE THAT THE COMMISSION SHALL HOLD A HEARING CONCERNING THE LAWFULNESS OR REASONABLENESS OF CHANGES IN ITS RATES IF THE CHANGES AFFECT THE UTILITY'S GENERAL BODY OF SUBSCRIBERS; ALLOW THE COMMISSION TO APPROVE THE NEW SCHEDULE WITHOUT A HEARING WHEN THE PROPOSAL INSTITUTES OR MODIFIES AN OFFERING OR REGULATION THAT IS NOT PART OF A GENERAL RATE CASE AND DOES NOT AFFECT THE UTILITY'S GENERAL BODY OF SUBSCRIBERS; REQUIRE THE COMMISSION TO RULE AND ISSUE ITS ORDER ON THE CHANGES WITHIN SIX MONTHS OF THE FILING TIME WHEN A REQUESTED NEW RATE AFFECTS THE UTILITY'S GENERAL BODY OF SUBSCRIBERS; PROVIDE THAT THE COMMISSION MAY EXTEND THE SIX-MONTH PERIOD FOR FIVE DAYS; PROVIDE FOR THE UTILITY TO PUT THE RATES REQUESTED INTO EFFECT UNDER BOND ONLY DURING AN APPEAL FROM AN ORDER OF THE COMMISSION AND UNTIL FINAL DISPOSITION OF THE CASE; PROVIDE THAT OTHER ARRANGEMENTS FOR THE PROTECTION OF INTERESTED PARTIES MAY BE SUBSTITUTED FOR THE BOND; PROVIDE THAT REFUNDS SHALL BEAR INTEREST AT A RATE OF TWELVE PERCENT PER ANNUM AND MUST BE THE DIFFERENCE BETWEEN THE AMOUNT COLLECTED UNDER BOND AND THE AMOUNT APPROVED; PROVIDE THAT IF THE COMMISSION FAILS TO RULE OR ISSUE ITS ORDER WITHIN THE TIME PRESCRIBED IN THIS SECTION, THE UTILITY MAY EFFECT THE CHANGE IN RATES IT REQUESTED; AND PROVIDE THAT AFTER THE SCHEDULE IS FILED NO FURTHER RATE CHANGE REQUEST WHICH AFFECTS THE UTILITY'S GENERAL BODY OF SUBSCRIBERS MAY BE FILED UNTIL TWELVE MONTHS HAVE ELAPSED UNLESS THE REQUEST IS FOR A RATE REDUCTION; TO AMEND SECTION 58-27-860, RELATING TO RATE CHANGES OF AN ELECTRICAL UTILITY, SO AS TO REQUIRE THE UTILITY TO GIVE NOT LESS THAN THIRTY DAYS' NOTICE OF ITS INTENTION TO FILE A NEW SCHEDULE; REQUIRE THAT THE COMMISSION MAY DIRECT THE UTILITY TO GIVE COPIES OF THE SCHEDULE TO OTHER PARTIES; AND TO PROHIBIT THE UTILITY FROM PLACING INTO EFFECT THE PROPOSED CHANGES UNTIL APPROVAL BY THE COMMISSION, SUBJECT TO THE PROVISIONS OF SECTION 58-27-870; TO AMEND SECTION 58-27-870, RELATING TO THE HEARING BY THE COMMISSION ON RATE CHANGES AND SUSPENSION OF RATES, SO AS TO PROVIDE THAT THE COMMISSION SHALL HOLD A PUBLIC HEARING CONCERNING THE LAWFULNESS OR REASONABLENESS OF PROPOSED CHANGES IN ITS RATES OR TARIFFS; PROVIDE THAT THE COMMISSION SHALL ISSUE ITS ORDER ON THE CHANGES WITHIN SIX MONTHS WHEN THE CHANGES RELATE TO RATES OR TARIFFS; PROVIDE THAT THE COMMISSION MAY EXTEND THE SIX-MONTH PERIOD FOR FIVE DAYS; PROVIDE FOR THE UTILITY TO PUT THE RATES REQUESTED INTO EFFECT UNDER BOND ONLY DURING AN APPEAL FROM AN ORDER OF THE COMMISSION AND UNTIL FINAL DISPOSITION OF THE CASE; PROVIDE THAT OTHER ARRANGEMENTS FOR THE PROTECTION OF INTERESTED PARTIES MAY BE SUBSTITUTED FOR THE BOND; PROVIDE THAT REFUNDS SHALL BEAR INTEREST AT A RATE OF TWELVE PERCENT PER ANNUM AND MUST BE THE DIFFERENCE BETWEEN THE AMOUNT COLLECTED UNDER BOND AND THE AMOUNT APPROVED; PROVIDE THAT IF THE COMMISSION FAILS TO RULE OR ISSUE ITS ORDER WITHIN THE TIME PRESCRIBED IN THIS SECTION, THE UTILITY MAY EFFECT THE CHANGE IN RATES IT REQUESTED; PROVIDE THAT AFTER THE SCHEDULE IS FILED, NO FURTHER RATE CHANGE REQUEST MAY BE FILED UNTIL TWELVE MONTHS HAVE ELAPSED UNLESS THE REQUEST IS FOR A RATE REDUCTION; AND TO ALLOW THE COMMISSION TO PUT INTO EFFECT RATES OR TARIFFS WITHOUT A HEARING WHEN A DETERMINATION OF THE ENTIRE RATE STRUCTURE AND OVERALL RATE OF RETURN IS NOT REQUIRED OR WHEN THE RATES OR TARIFFS DO NOT RESULT IN ANY RATE INCREASE OR WHEN THE RATES OR TARIFFS ARE FOR EXPERIMENTAL PURPOSES OR WHEN THE FILED RATES OR TARIFFS ARE NECESSARY TO OBTAIN AN ORDERLY RATE ADMINISTRATION; TO AMEND SECTION 58-27-940, RELATING TO COMMISSION ORDERS AFTER HEARINGS CONCERNING CHANGES IN RATES OF ELECTRICAL UTILITIES, SO AS TO DELETE THE PROVISION REQUIRING THE UTILITY TO MAKE REFUNDS; TO AMEND SECTION 58-3-140, RELATING TO POWERS OF THE COMMISSION AS TO PUBLIC UTILITIES, SO AS TO REQUIRE THE COMMISSION TO PUBLISH A POLICY MANUAL SETTING FORTH GUIDELINES FOR ADMINISTRATION OF THE COMMISSION; TO REQUIRE THE COMMISSION TO FACILITATE ACCESS TO ITS GENERAL RATE REQUEST ORDERS IN CONTESTED MATTERS INVOLVING OVER ONE HUNDRED THOUSAND DOLLARS BY PUBLISHING AN ORDER GUIDE TO BE AVAILABLE FOR PUBLIC INSPECTION; PROVIDE THAT THE COMMISSION SHALL PROMULGATE REGULATIONS TO REQUIRE DIRECT TESTIMONY OF WITNESSES APPEARING ON BEHALF OF UTILITIES AND PERSONS HAVING FORMAL INTERVENOR STATUS, TO BE REDUCED TO WRITING AND PREFILED WITH THE COMMISSION BEFORE A HEARING; AND INSURE SPECIFIC EXCLUSION FROM COMMISSION JURISDICTION; TO AMEND SECTION 58-3-60, RELATING TO EMPLOYMENT OF COMMISSION STAFF, SO AS TO ALLOW THE COMMISSION TO EMPLOY ADMINISTRATIVE LAW JUDGES OR HEARING OFFICERS TO PRESIDE OVER RATE HEARINGS AND OTHER MATTERS AND PROVIDE FOR THE JUDGE'S OR OFFICER'S AUTHORITY, COMPENSATION, COSTS, AND EXPENSES; TO AMEND SECTION 58-23-60, RELATING TO CERTAIN BUSINESSES EXEMPT FROM CHAPTER 58, SO AS TO INCLUDE MOTOR VEHICLES USED BY A COUNTY TO TRANSPORT PASSENGERS OR PROPERTY; TO AMEND SECTION 58-23-50, AS AMENDED, RELATING TO CERTAIN TRANSPORTATION EXEMPT FROM CHAPTER 58, SO AS TO INCLUDE PERSONS TRANSPORTING AGRICULTURAL LIVESTOCK AND POULTRY FEEDS, INCLUDING INGREDIENTS, AND HAULERS ENGAGED IN TRANSPORTING CHIPS OR WOOD RESIDUES; TO AMEND SECTION 58-9-320, AS AMENDED, RELATING TO TRANSACTIONS OF TELEPHONE UTILITIES WITH AFFILIATES, SECTION 58-11-180, RELATING TO TRANSACTIONS OF RADIO COMMON CARRIERS WITH AFFILIATES, AND SECTION 58-27-2090, RELATING TO ELECTRICAL UTILITIES AND CHARGES BY AFFILIATED INTERESTS, SO AS TO PROHIBIT THE COMMISSION FROM ALLOWING FOR RATE-MAKING PURPOSES ANY FEES OR EXPENSES INCLUDED IN ANY CONTRACT OR AGREEMENT WITH AN AFFILIATE REPRESENTING CHARGES THAT THE COMMISSION HAS DIRECTLY DISALLOWED IN ITS RATE-MAKING ORDERS; TO AMEND SECTION 58-23-530, RELATING TO LICENSE FEES FOR CLASS A CERTIFICATE HOLDERS, AND SECTION 58-23-550, RELATING TO LICENSE FEES FOR CLASS B CERTIFICATE HOLDERS, SO AS TO PROVIDE FOR ANNUAL FEES TO BE PAID BY EACH HOLDER OF A CERTIFICATE WHICH HAS TWENTY OR MORE VEHICLES; TO AMEND SECTION 58-23-560, RELATING TO LICENSE FEES FOR CLASS C CERTIFICATE HOLDERS, SO AS TO PROVIDE FOR ANNUAL FEES TO BE PAID BY EACH HOLDER OF A CERTIFICATE WHICH HAS TWENTY OR MORE VEHICLES, DECREASE THE FEES, AND LIMIT THE TOTAL FEE TO FIFTY DOLLARS PER VEHICLE SEMIANNUALLY; TO AMEND SECTION 58-11-60, RELATING TO CHANGES IN RATES BY RADIO COMMON CARRIERS, SO AS TO REQUIRE THE CARRIER TO GIVE NOT LESS THAN THIRTY DAYS' NOTICE OF ITS INTENTION TO FILE A NEW SCHEDULE WHEN THE NEW RATE AFFECTS THE CARRIER'S GENERAL BODY OF SUBSCRIBERS, PROVIDE THAT A HEARING IS NOT REQUIRED WHEN THE PROPOSAL INSTITUTES OR MODIFIES AN OFFERING OR REGULATION NOT PART OF A GENERAL RATE CASE AND DOES NOT AFFECT THE CARRIER'S GENERAL BODY OF SUBSCRIBERS, AND PROHIBIT THE CARRIER FROM PLACING INTO EFFECT THE PROPOSED CHANGES PRIOR TO APPROVAL BY THE COMMISSION; TO AMEND SECTION 58-11-70, RELATING TO HEARINGS ON NEW SCHEDULES OF RATES FOR RADIO COMMON CARRIERS, SO AS TO PROVIDE THAT THE COMMISSION SHALL HOLD A PUBLIC HEARING CONCERNING THE LAWFULNESS OR REASONABLENESS OF PROPOSED CHANGES IN RATES WHICH AFFECT THE CARRIER'S GENERAL BODY OF SUBSCRIBERS, EXCEPT WHEN THE PROPOSAL INSTITUTES OR MODIFIES AN OFFERING OR REGULATION NOT PART OF A GENERAL RATE CASE AND DOES NOT AFFECT THE CARRIER'S GENERAL BODY OF SUBSCRIBERS; PROVIDE THAT THE COMMISSION SHALL ISSUE ITS ORDER ON THE CHANGES WITHIN SIX MONTHS AFTER THE SCHEDULE IS FILED; PROVIDE FOR THE CARRIER TO PUT THE RATES REQUESTED INTO EFFECT UNDER BOND ONLY DURING AN APPEAL FROM AN ORDER OF THE COMMISSION AND UNTIL FINAL DISPOSITION OF THE CASE; PROVIDE THAT OTHER ARRANGEMENTS FOR THE PROTECTION OF INTERESTED PARTIES MAY BE SUBSTITUTED FOR THE BOND; PROVIDE THAT REFUNDS SHALL BEAR INTEREST AT A RATE OF TWELVE PERCENT PER ANNUM AND MUST BE THE DIFFERENCE BETWEEN THE AMOUNT COLLECTED UNDER BOND AND THE AMOUNT APPROVED; PROVIDE THAT IF THE COMMISSION FAILS TO RULE AND ISSUE ITS ORDER WITHIN THE TIME PRESCRIBED IN THIS SECTION, THE CARRIER MAY EFFECT THE CHANGE IN RATES IT REQUESTED; AND PROVIDE THAT AFTER THE SCHEDULE, WHICH AFFECTS THE CARRIER'S GENERAL BODY OF SUBSCRIBERS, IS FILED NO FURTHER RATE CHANGE REQUEST WHICH AFFECTS THE CARRIER'S GENERAL BODY OF SUBSCRIBERS MAY BE FILED UNTIL TWELVE MONTHS HAVE ELAPSED UNLESS THE REQUEST IS FOR A RATE REDUCTION; TO AMEND CHAPTER 3 OF TITLE 58, RELATING TO THE COMMISSION, BY ADDING SECTION 58-3-95 SO AS TO PROVIDE THAT A PANEL OF THREE MEMBERS OF THE COMMISSION SHALL HEAR AND RULE ON THE PROPOSED CHANGES BY A CORPORATION OR PERSON FURNISHING HEAT, WATER, SEWERAGE COLLECTION, SEWERAGE, DISPOSAL, OR STREET RAILWAY SERVICE, OR A TELEPHONE UTILITY WITH FEWER THAN TEN THOUSAND CUSTOMERS AS OF THE DATE OF FILING; TO AMEND ARTICLE 7 OF CHAPTER 27 OF TITLE 58, RELATING TO RATES AND CHARGES OF ELECTRICAL UTILITIES, BY ADDING SECTION 58-27-865 SO AS TO PROVIDE CRITERIA BY WHICH THE COMMISSION SHALL DETERMINE FUEL ADJUSTMENT COSTS FOR ELECTRICAL UTILITIES; TO AMEND ARTICLE 3 OF CHAPTER 31 OF TITLE 58, RELATING TO ELECTRIC SERVICE AND THE PUBLIC SERVICE AUTHORITY, BY ADDING SECTION 58-31-400 SO AS TO REQUIRE THE PUBLIC SERVICE AUTHORITY TO SUBMIT ITS ANNUAL BUDGET TO THE HOUSE WAYS AND MEANS COMMITTEE TO BE PRINTED AS A REGULAR PART OF THE GENERAL APPROPRIATION ACT, FOR INFORMATION PURPOSES ONLY; TO AMEND ARTICLE 3 OF CHAPTER 23 OF TITLE 58, RELATING TO CERTIFICATES FOR MOTOR VEHICLE CARRIERS, BY ADDING SECTION 58-23-330 SO AS TO PROVIDE THAT APPLICANTS FOR A CERTIFICATE OR TO AMEND A CERTIFICATE TO OPERATE AS A COMMON CARRIER MAY BE APPROVED IF THE APPLICANT IS FIT, WILLING, AND ABLE TO PERFORM THE PROPOSED SERVICE, BUT THE COMMISSION MAY DENY THE APPLICATION IF AN INTERVENOR SHOWS OR IT IS DETERMINED THAT THE PUBLIC CONVENIENCE AND NECESSITY IS ALREADY BEING SERVED; AND BY ADDING SECTION 58-23-340 SO AS TO PROHIBIT ANY PERSON TO SELL, LEASE, OR TRANSFER A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR MONEY, GOODS, SERVICES, OR ANY OTHER THING OF VALUE; AND ALLOW THE TRANSFER OF A CERTIFICATE INCIDENT TO THE SALE OR LEASE OF PROPERTY OR ASSETS OF A REGULATED MOTOR CARRIER IF THE COMMISSION APPROVES AND IF THE CERTIFICATE IS NOT TRANSFERRED FOR VALUE OR UTILIZED TO ENHANCE THE VALUE OF OTHER PROPERTY TRANSFERRED; TO AMEND CHAPTER 1 OF TITLE 58, RELATING TO GENERAL PROVISIONS FOR PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING SECTION 58-1-50 SO AS TO PROHIBIT PUBLIC, TELEPHONE, AND ELECTRICAL UTILITIES SUBJECT TO REGULATION BY THE COMMISSION TO INCLUDE AS PART OF ITS RATE BASE ANY INTEREST EXPENSES PAID TO CUSTOMERS ON REFUNDS WHEN PUTTING A PROPOSED RATE INCREASE INTO EFFECT UNDER BOND; TO AMEND SECTION 31 OF PART II OF ACT 644 OF 1978, RELATING TO PERMANENT PROVISIONS OF THE GENERAL APPROPRIATION ACT, SO AS TO ALLOW THE CONSUMER ADVOCATE TO REQUEST THE ISSUANCE BY THE EXECUTIVE DIRECTOR OF THE COMMISSION OF AN ORDER COMPELLING A WITNESS OR COMPANY TO PRODUCE OR ALLOW INSPECTION OF RELEVANT EVIDENCE; PROVIDE FOR APPEAL IF THE DIRECTOR ISSUES OR REFUSES TO ISSUE THE ORDER; AND TO ALLOW OBJECTIONS TO THE ISSUANCE OF THE ORDER TO BE FILED; TO PROHIBIT ANY UTILITY COMPANY, STATE PUBLIC SERVICE AUTHORITY, ELECTRIC COOPERATIVE, OR MUNICIPALITY TO INTERRUPT HEATING SERVICE TO ANY RESIDENTIAL CUSTOMER FOR NONPAYMENT OF A BILL UNTIL TWENTY-FIVE DAYS HAVE ELAPSED FROM THE DATE OF BILLING AND TO ALLOW ANY AGGRIEVED PERSON TO PETITION THE COURTS; TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; AND TO REPEAL SECTION 58-5-250, RELATING TO PUBLIC UTILITY SUSPENSION OF SCHEDULE, GIVING BOND TO PUT SCHEDULE INTO EFFECT, AND INTEREST ON DISALLOWED INCREASES; ARTICLE 5 OF CHAPTER 5 OF TITLE 58, RELATING TO PRESCRIBING GAS RATES IN ADVANCE OF HEARING; SECTION 58-9-220, RELATING TO THE REQUIREMENT OF TELEPHONE UTILITIES TO FILE SCHEDULES OF RATES AND REGULATIONS WITH THE COMMISSION; SECTION 58-9-550, RELATING TO TELEPHONE UTILITIES AND THE REQUIREMENT THAT NEW RATES MAY BE PUT INTO EFFECT DESPITE SUSPENSION UPON THE FILING OF BOND AND INTEREST ON DISALLOWED INCREASES; SECTION 58-9-560, RELATING TO THE BURDEN OF PROOF UPON A TELEPHONE UTILITY TO SHOW THE REASONABLENESS OF ANY CHANGE IN RATES AND CHARGES; SECTION 58-9-580, RELATING TO TELEPHONE UTILITIES AND LEGAL ACTION THAT MAY BE TAKEN TO RECOVER EXCESSIVE PAYMENTS WHICH HAVE NOT BEEN REFUNDED; SECTION 58-27-880, RELATING TO ELECTRIC UTILITIES AND THE PROVISIONS THAT SUSPENDED RATES MAY BE MADE EFFECTIVE BY GIVING BOND AND INTEREST ON DISALLOWED INCREASES; SECTION 58-27-890, RELATING TO ELECTRIC UTILITIES AND RECORDS OF PAYMENTS DURING THE PERIOD OF SUSPENSION; SECTION 58-27-900, RELATING TO ELECTRIC UTILITIES AND THE PROVISIONS THAT THE COMMISSION SHALL DETERMINE RATES IF IT FINDS PRESENT RATES UNJUST; AND SECTION 58-27-910, RELATING TO ELECTRIC UTILITIES AND SUITS FOR REFUNDS IF RATES ARE DISAPPROVED.

Be it enacted by the General Assembly of the State of South Carolina:

Public utility proposed new rates; public hearing; time limit

for decision

SECTION 1. Section 58-5-240 of the 1976 Code is amended to read:

"Section 58-5-240. (A) Whenever a public utility desires to put into operation a new rate, toll, rental, charge or classification or a new regulation, it shall give not less than thirty days notice of its intention to file and shall, after the expiration of the notice period, then file with the Commission a schedule setting forth the proposed changes. Subject to the provisions of subsections (D) and (E) of this section, the proposed changes must not be put into effect in full or in part until approved by the Commission.

(B) After the schedule has been filed, the Commission shall, after notice to the public such as the Commission may prescribe, hold a public hearing concerning the lawfulness or reasonableness of the proposed changes.

(C) The Commission shall rule and issue its order approving or disapproving the changes in full or in part within six months after the date the schedule is filed.

(D) Should the Commission determine that it cannot, due to circumstances reasonably beyond its control, issue such Order within the six-month period prescribed by this section, the Commission, may, by Order, extend the six-month period for an additional five days. Any such Order shall set forth such circumstances and make appropriate findings concerning the need for the extended period.

If the Commission rules and issues its order within the time aforesaid, and the utility shall appeal from the Order, by filing with the Commission a petition for rehearing, the utility may put the rates requested in its schedule into effect under bond only during the appeal and until final disposition of the case. Such bond must be in a reasonable amount approved by the Commission, with sureties approved by the Commission, conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons, corporations, or municipalities, respectively, entitled to the amount of the excess, if the rate or rates put into effect are finally determined to be excessive; or there may be substituted for the bond other arrangements satisfactory to the Commission for the protection of parties interested. During any period in which a utility shall charge increased rates under bond, it shall provide records or other evidence of payments made by its subscribers or patrons under the rate or rates which the utility has put into operation in excess of the rate or rates in effect immediately prior to the filing of the schedule.

All increases in rates put into effect under the provisions of this section which are not approved and for which a refund is required shall bear interest at a rate of twelve percent per annum.

The interest shall commence on the date the disallowed increase is paid and continue until the date the refund is made.

In all cases in which a refund is due, the Commission shall order a total refund of the difference between the amount collected under bond and the amount finally approved.

(E) If the Commission fails to rule or issue its Order within the time prescribed in subsection (C) or subsection (D) of this section, the utility may put into effect the change in rates it requested in its schedule. The change is to be treated as an approval of the new rate schedule by the Commission.

(F) After the date the schedule is filed with the Commission, no further rate change request under this section may be filed until twelve months have elapsed from the date of the filing of the schedule, provided, however, this section shall not apply to a request for a rate reduction.

(G) Notwithstanding the provisions of this section, the Commission may allow rates or tariffs to be put into effect without a hearing upon order of the Commission when such rates or tariffs do not require a determination of the entire rate structure and overall rate of return, or when the rates or tariffs do not result in any rate increase to the public utility, or when the rates or tariffs are for experimental purposes."

Change in telephone rates initiated by utility; notice; hearing

SECTION 2. Section 58-9-520 of the 1976 Code is amended to read:

"Section 58-9-520. Whenever a telephone utility desires to put into operation a new rate or tariff which affects the telephone utility's general body of subscribers, the telephone utility shall give the Commission not less than thirty days' notice of its intention to file and shall, after the expiration of the notice period, then file with the Commission a schedule setting forth the proposed changes; provided, however, a hearing shall not be required when the proposed rate or tariff is a proposal to institute or modify an offering or regulation that is not part of a general rate case and does not affect the telephone utility's general body of subscribers. Subject to the provisions of subsections (B) and (C) of Section 58-9-540, the proposed changes must not be put into effect in full or in part until approved by the Commission."

Telephone utility hearing on new rate schedule; notice; time

limit for decision

SECTION 3. Section 58-9-540 of the 1976 Code is amended to read:

"Section 58-9-540. (A) Whenever there is filed with the Commission by any telephone utility a schedule stating a new rate or rates which affect the telephone utility's general body of subscribers, the Commission shall, after notice to the public such as the Commission may prescribe, hold a hearing concerning the lawfulness or reasonableness of the rate or rates , provided, however, that when the proposed rate or tariff is a proposal to institute or modify an offering or regulation that is not part of a general rate case and does not affect the telephone utility's general body of subscribers, the Commission may approve such filing without a hearing. Whenever a new rate is requested which affects the telephone utility's general body of subscribers, the Commission shall rule and issue its order approving or disapproving the changes in full or in part within six months of the time of filing.

(B) Should the Commission determine that it cannot, due to circumstances reasonably beyond its control, issue such Order within the six-month period prescribed by this section, the Commission, may, by Order, extend the six-month period for an additional five days. Any such Order shall set forth such circumstances and make appropriate findings concerning the need for the extended period.

If the Commission rules and issues its order within the time aforesaid, and the utility shall appeal from the Order, by filing with the Commission a petition for rehearing, the utility may put the rates requested in its schedule into effect under bond only during the appeal and until final disposition of the case. Such bond must be in a reasonable amount approved by the Commission, with sureties approved by the Commission, conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons, corporations, or municipalities respectively entitled to the amount of the excess, if the rate or rates put into effect are finally determined to be excessive; or there may be substituted for the bond other arrangements satisfactory to the Commission for the protection of parties interested. During any period in which a utility shall charge increased rates under bond, it shall provide records or other evidence of payments made by its subscribers or patrons under the rate or rates which the utility has put into operation in excess of the rate or rates in effect immediately prior to the filing of the schedule.

All increases in rates put into effect under the provisions of this section which are not approved and for which a refund is required shall bear interest at a rate of twelve percent per annum. The interest shall commence on the date the disallowed increase is paid and continue until the date the refund is made.

In all cases in which a refund is due, the Commission shall order a total refund of the difference between the amount collected under bond and the amount finally approved.

(C) If the Commission fails to rule or issue its Order within the time prescribed in subsection (A) or (B) of this section, the utility may put into effect the change in rates it requested in its schedule. The change is to be treated as an approval of the new rate schedule by the Commission.

(D) After the date the schedule, which affects the telephone utility's general body of subscribers, is filed with the Commission, no further rate change request which affects the telephone utility's general body of subscribers may be filed until twelve months have elapsed from the date of the filing of the schedule, provided, however, this section shall not apply to a request for rate reduction."

Electrical utility; new rate schedule; notice

SECTION 4. Section 58-27-860 of the 1976 Code is amended to read:

"Section 58-27-860. Whenever an electrical utility desires to put into operation a new rate it shall give not less than thirty days notice of its intention to file and shall, after the expiration of the notice period, then file with the Commission a schedule setting forth the proposed changes. Copies of the schedule must also be given to other parties as the Commission may direct. Subject to the provisions of subsections (C) and (D) of Section 58-27-870, the proposed changes may not be put into effect in full or in part until approved by the Commission. Nothing contained in this section affects the existing provisions of Act 1293 of 1966."

Changes in electric utility rates; public hearing required; time

limit for decision

SECTION 5. Section 58-27-870 of the 1976 Code is amended to read:

"Section 58-27-870. (A) After a schedule setting forth the proposed changes in its rates or tariffs has been filed, the Commission shall hold a public hearing concerning the lawfulness or reasonableness of the proposed changes.

(B) When the proposed changes relate to rates or tariffs the Commission shall rule and issue its order approving or disapproving the changes within six months after the date the schedule is filed.

(C) Should the Commission determine that it cannot, due to circumstances reasonably beyond its control, issue such Order within the-six month period prescribed by this section, the Commission, may, by Order, extend the six-month period for an additional five days. Any such Order shall set forth such circumstances and make appropriate findings concerning the need for the extended period.

If the Commission rules and issues its order within the time aforesaid, and the utility shall appeal from the order, by filing with the Commission a petition for rehearing, the utility may put the rates requested in its schedule into effect under bond only during the appeal and until final disposition of the case. Such bond must be in a reasonable amount approved by the Commission, with sureties approved by the Commission, conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons, corporations, or municipalities respectively entitled to the amount of the excess, if the rate or rates put into effect are finally determined to be excessive; or there may be substituted for the bond other arrangements satisfactory to the Commission for the protection of parties interested. During any period in which a utility shall charge increased rates under bond, it shall provide records or other evidence of payments made by its subscribers or patrons under the rate or rates which the utility has put into operation in excess of the rate or rates in effect immediately prior to the filing of the schedule.

All increases in rates put into effect under the provisions of this section which are not approved and for which a refund is required shall bear interest at a rate of twelve percent per annum. The interest shall commence on the date the disallowed increase is paid and continue until the date the refund is made.

In all cases in which a refund is due the Commission shall order a total refund of the difference between the amount collected under bond and the amount finally approved.

(D) If the Commission fails to rule or issue its order within the time prescribed in subsections (B) or (C) of this section, the utility may put into effect the change in rates it requested in its schedule. The change is to be treated as an approval of the new rate schedule by the Commission.

(E) After the date the schedule is filed with the Commission, no further rate change request under this section may be filed until twelve months have elapsed from the date of the filing of the schedule, provided, however, this section shall not apply to a request for rate reduction.

(F) Notwithstanding the provisions of Sections 58-27-860 and 58-27-870, the Commission may allow rates or tariffs to be put into effect without notice and hearing upon order of the Commission when such rates or tariffs do not require a determination of the entire rate structure and overall rate of return, or when the rates or tariffs do not result in any rate increase to the electrical utility, or when the rates or tariffs are for experimental purposes, or when the rates or tariffs so filed are otherwise necessary to obtain an orderly rate administration."

Order of Commission after hearing

SECTION 6. Section 58-27-940 of the 1976 Code is amended to read:

"Section 58-27-940. After the hearing the Commission by its order shall either confirm, modify, or vacate its former order, in conformity with what is found to be just and reasonable, and an attested copy of the order of the Commission must be immediately served on the utility affected by registered mail or otherwise, as provided by law. In case the original order of the Commission is confirmed or modified by making the order more favorable to the utility affected, the rates prescribed by the original order of the Commission or the modification of the order, as the case may be, are operative as of the time fixed by the original order. The utility affected shall put the same into effect as of the date fixed by the original order."

Powers of Public Service Commission as to public utilities

SECTION 7. Section 58-3-140 of the 1976 Code is amended to read:

"Section 58-3-140. (A) The Public Service Commission is vested with power and jurisdiction to supervise and regulate the rates and service of every public utility in this State and to fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be furnished, imposed, or observed, and followed by every public utility in this State.

(B) The Commission shall develop and publish a policy manual which shall set forth guidelines for the administration of the Commission. All procedures shall incorporate state requirements and good management practices to ensure the efficient and economical utilization of resources.

(C) The Commission shall facilitate access to its general rate request orders in contested matters involving over one hundred thousand dollars by publishing an order guide which indexes and cross-references such orders issued after the effective date of this act by subject matter and case name. The order guide must be made available for public inspection.

(D) The Commission is authorized to and shall promulgate regulations to require the direct testimony of witnesses appearing on behalf of utilities, and of witnesses appearing on behalf of persons having formal intervenor status, to be reduced to writing and prefiled with the Commission in advance of any hearing.

(E) Nothing in this section may be interpreted to repeal or modify specific exclusions from Public Service Commission jurisdiction found in Title 58 or any other titles."

Special panel of Public Service Commission to hear rate changes when utility service less than ten thousand customers.

SECTION 8. Chapter 3 of Title 58 of the 1976 Code is amended by adding:

"Section 58-3-95. Whenever a corporation or person furnishing heat, water, sewerage collection, sewerage disposal, or street railway service, or whenever a telephone utility with fewer than ten thousand customers as of the date of filing, files a schedule setting forth proposed changes with the Commission pursuant to the procedures prescribed in this title, a panel of three members of the Commission shall hear and rule on the proposed changes. The chairman of the Commission shall appoint the members of the panel."

Electrical utility to furnish Commission estimate of fuel costs

SECTION 9. Article 7 of Chapter 27 of Title 58 of the 1976 Code is amended by adding:

"Section 58-27-865. (A) The Commission shall direct each electrical utility which purchases fuel for the generation of electricity to submit to the Commission, within such time and in such form as the Commission may designate, its estimates of fuel costs, including cost of purchased power, for the next six months. Upon investigation of the estimate and conducting public hearings in accordance with law, the Commission shall direct each company to place in effect in its base rate an amount designed to recover, during the succeeding six months, the fuel costs determined by the Commission to be appropriate for that period, adjusted for the over-recovery or under-recovery from the preceding six month period. The Commission shall direct the electrical utilities to send notice to the utility customers with the antecedent billing of the time and place of the public hearings to be held every six months, and the Commission shall again direct the electrical utilities to send notice to the utility customers with the next billing if the utility is granted a rate increase by the Commission.

(B) The Commission shall direct the electrical utilities to account monthly for the differences between the recovery of fuel costs through base rates and the actual fuel costs experienced, by booking the difference to unbilled revenues with a corresponding deferred debit or credit, the balance of which will be included in the projected fuel component of the base rates for the succeeding period. The Commission shall direct the electrical utilities to submit monthly reports of fuel costs, and monthly reports of all scheduled and unscheduled outages of generating units with a capacity of 100 megawatts or greater.

(C) Upon request by the commission staff, the electrical utilities, or the Consumer Advocate, a public hearing must be held by the Commission at any time between the six-month reviews to determine whether an increase or decrease in the base rate amount designed to recover fuel costs should be granted. If the request is by an electrical utility for a rate increase, the Commission shall direct the utility to send notice of the request and hearing to all customers with the next billing, and if the Commission grants the rate request subsequent to the request and hearing, the Commission shall direct the utility to send notice of the amount of the increase or decrease to all customers with the next billing.

(D) The Commission may, to the extent considered appropriate, offset the cost of fuel recovered through sales of power pursuant to interconnection agreements with neighboring electrical utilities against fuel costs and purchased power costs to be recovered.

(E) The Commission shall disallow recovery of any fuel costs that it finds without just cause to be the result of failure of the utility to make every reasonable effort to minimize fuel costs or any decision of the utility resulting in unreasonable fuel costs, giving due regard to reliability of service, economical generation mix, generating experience of comparable facilities, and minimization of the total cost of providing service.

(F) The Commission is authorized to promulgate, in accordance with the provisions of this section, all regulations necessary to allow the recovery by electrical utilities of all their prudently incurred fuel costs, including the cost of purchased power, as precisely and promptly as possible, in a manner that tends to assure public confidence and minimize abrupt changes in charges to consumers."

Public Service Authority to submit annual budget

SECTION 10. Article 3 of Chapter 31 of Title 58 of the 1976 Code is amended by adding:

"Section 58-31-400. The Public Service Authority shall submit its Annual Budget to the House Ways and Means Committee to be printed as a regular part of the General Appropriation Act. The Annual Budget is submitted for information purposes only."

Commission may employ technical, clerical staff, administrative

law judges

SECTION 11. Section 58-3-60 of the 1976 Code is amended to read:

"Section 58-3-60. The Commission may employ technical, administrative, or clerical staff or other aid as may be necessary for its respective departments to carry out the provisions of Chapters 1 to 17, 21, 23, and 33 of this Title and may fix the compensation for employment. The Commission may also employ and utilize administrative law judges or hearing officers to preside over rate hearings and other contested matters. The administrative law judge or hearing officer has full authority, subject to being overruled by the Commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of any case. The compensation, costs, and expenses incurred incident to utilization of an administrative law judge or hearing officer must be fixed or approved by the Commission and must be included as expenses of the Commission under Section 58-3-100."

Chapter not applicable to motor vehicle business within certain

areas

SECTION 12. Section 58-23-60 of the 1976 Code is amended to read:

"Section 58-23-60. Nothing in Articles 1 to 11 of this chapter applies to motor vehicles:

(1) Carrying on the business of transporting passengers or property within the limits of any municipality in this State;

(2) Carrying on the business of transporting passengers within a distance of five miles from the limits of any municipality;

(3) Transporting passengers to or from state institutions located in Richland County;

(4) Transporting passengers within a distance of ten miles from the limits of municipalities in Chester and Lancaster counties when substantially all of the passengers are workers in industrial plants, eighty percent of the production of which is for defense materials;

(5) Having a seating capacity of twenty or more passengers which are operated within ten miles from the limits of any municipality with a population of seventy thousand or more inhabitants, according to the United States census for 1940, by any electric utility company which regularly provides transportation service within the municipality itself. Item (5) does not permit the substantial duplication of any franchise or license in effect at the time service is undertaken by the electric utility company; or

(6) Used by a county to transport passengers or property."

Further

SECTION 13. Section 58-23-50 of the 1976 Code, as last amended by Act 152 of 1979, is further amended to read:

"Section 58-23-50. Nothing in Articles 1 to 11 of this chapter applies to motor vehicles while used exclusively for transporting persons to and from schools, Sunday schools, churches, or religious services, or to or from picnics or upon special prearranged excursions, or to the United States mail carriers operating star routes, while engaged solely in carrying mail, or to farmers or dairymen hauling dairy or farm products, or to persons transporting agricultural livestock and poultry feeds, including ingredients, or to any other persons engaged in hauling perishable products of the farm or dairy products for hire from the farm to the first market when sold in South Carolina, or to lumber haulers engaged in transporting lumber and logs from the forest to the shipping points in this State, or haulers engaged in transporting chips or wood residues, or any vehicle engaged in the business of hauling, towing, or transporting wrecked or damaged vehicles by means of transport commonly known as 'wreckers' or vehicles used in ridesharing.

For the purposes of this section, perishable products of the farm include hay and straw."

Telephone utility transactions with affiliates

SECTION 14. Section 58-9-320 of the 1976 Code, as last amended by an act of 1983 bearing ratification number 117, is further amended to read:

"Section 58-9-320. When in the judgment of the Commission there is a reasonably substantial affiliation of any telephone utility engaged in business in this State with any other corporation or person or when in the judgment of the Commission any other corporation or person either exercises, or is in position to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial control over the business or policies of any telephone utility engaged in business in this State, the burden of proof shall be upon the telephone utility to establish as determined by the Commission the reasonableness, fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any transactions between any telephone utility and such other corporation or person. Every telephone utility shall be required to produce, if so ordered by the Commission, for the information of the Commission and the public, all such contracts, papers, and documents relating thereto and explanatory thereof as may be required by the Commission, and unless the reasonableness, fairness, and absence of injurious effect upon the public interest of such fees and charges are established as determined by the Commission, they shall not be allowed by the Commission for rate-making purposes. The Commission shall not allow for rate-making purposes any fees or expenses included in any contract or agreement with an affiliate representing charges that the Commission has directly disallowed in its rate-making orders."

Radio common carrier; transaction with affiliates

SECTION 15. Section 58-11-180 of the 1976 Code is amended to read:

"Section 58-11-180. When in the judgment of the Commission there is a reasonably substantial affiliation of any radio common carrier engaged in business in this State with any other corporation or person or when in the judgment of the Commission any other corporation or person either exercises, or is in position to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial control over the business or policies of any radio common carrier engaged in business in this State, the burden of proof shall be upon the radio common carrier to establish as determined by the Commission the reasonableness, fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any transactions between any radio common carrier and such other corporation or person. Every radio common carrier shall be required to produce, if so ordered by the Commission, for the information of the Commission and the public, all such contracts, papers, and documents relating thereto and explanatory thereof as may be required by the Commission, and unless the reasonableness of such fees and charges is established, as determined by the Commission, the same shall not be allowed by the Commission for rate-making purposes.

The Commission shall not allow for rate-making purposes any fees or expenses included in any contract or agreement with an affiliate representing charges that the Commission has directly disallowed in its rate-making orders."

Electrical utilities; charges by affiliated interests

SECTION 16. Section 58-27-2090 of the 1976 Code is amended to read:

"Section 58-27-2090. When in the judgment of the Commission there is a reasonably substantial affiliation of any electrical utility engaged in business in this State with any other corporation or person or when in the judgment of the Commission any other corporation or person either exercises or is in position to exercise, by reason of ownership or control of securities or for any other cause, any reasonably substantial control over the business or policies of any electrical utility engaged in business in this State, the burden of proof shall be upon the electrical utility to establish as determined by the Commission the reasonableness, fairness, and absence of injurious effect upon the public interest of any fees or charges growing out of any transactions between any electrical utility and such other corporation or person (a) in relation to supervision, management, construction or engineering, services or contract, (b) for the sale of material, supplies, equipment, or other commodities or (c) for any other purpose. Every electrical utility shall be required to produce, if so ordered by the Commission, for the information of the Commission all such contracts, papers, and documents relating thereto and explanatory thereof as may be required by the Commission, and unless the reasonableness, fairness, and absence of injurious effect upon the public interest of such fees and charges are established as determined by the Commission, the same shall not be allowed by the Commission for rate-making purposes.

The Commission shall not allow for rate-making purposes any fees or expenses included in any contract or agreement with an affiliate representing charges that the Commission has directly disallowed in its rate-making orders."

Consumer Advocate, access to records of Public Service Commission

SECTION 17. Subsection (E) of Section 31 of Part II of Act 644 of 1978 is amended to read:

"(E) In the performance of his assigned functions the advocate shall have reasonable access to records of all state agencies which are not classified by law as confidential and all state agencies shall cooperate with the advocate in the performance of his duties. In addition, during the course of a rate-making or other proceeding before the Public Service Commission, the Consumer Advocate, as a party of record, may request in writing, in addition to all other methods of discovery as provided by law for proceedings before the Public Service Commission, the issuance by the Executive Director of the Public Service Commission of an order compelling a witness or company to either produce or allow inspection of documentary evidence relevant to the matter before the Public Service Commission. If the Executive Director issues or refuses to issue the order, the aggrieved party may appeal to the full Commission. The written request, in addition to showing a general relevance and reasonable scope of the evidence sought, must also specify with particularity the books, accounts, papers, records, or other materials of the business desired and the facts expected to be proved thereby. Provided, however, that for good cause shown, in lieu of a written request, the request for such an order may be made orally upon the record to the presiding officer at the hearing. Any objections to the issuance of the order must be filed with the Commission within three days of being notified of the written request for such order. Any objections so filed must list the specific grounds for objection. The Commission shall rule on the objections within ten days or the objection will be considered to be denied."

Motor vehicle common carrier; operator's certificate

SECTION 18. Article 3 of Chapter 23 of Title 58 of the 1976 Code is amended by adding:

"Section 58-23-330. Effective March 1, 1984, notwithstanding any regulation or other provision of law, an applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle common carrier may be approved upon a showing the applicant is fit, willing, and able to appropriately perform the proposed service; provided, however, if an intervenor shows or if the Commission determines that the Public Convenience and Necessity is already being served, the Commission may deny the application."

Sale of certificate of public convenience

SECTION 19. Article 3 of Chapter 23 of Title 58 of the 1976 Code is amended by adding:

"Section 58-23-340. Notwithstanding custom or usage or any regulation, or other provision of law, it is unlawful for any person to sell, lease, or otherwise transfer a certificate of public convenience and necessity issued or authorized to be issued after July 1, 1983, under the provisions of Chapter 23 of Title 58 for money, goods, services, or any other thing of value. A certificate may be transferred incident to the sale or lease of property or assets owned or used by a regulated motor carrier, provided the approval of the Commission for the transfer of the certificate is first obtained and that the certificate itself is not transferred for value or utilized to enhance the value of other property transferred. Nothing herein shall effect the sale, lease or otherwise transfer of a certificate of public convenience and necessity issued prior to July 1, 1983."

Public Service Commission reauthorized

SECTION 20. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the Public Service Commission is reauthorized for six years.

Repeal

SECTION 21. Section 58-5-250, Article 5 of Chapter 5 of Title 58, Sections 58-9-220, 58-9-550, 58-9-560, 58-9-580, Sections 58-27-880, 58-27-890, 58-27-900, and 58-27-910 of the 1976 Code are repealed.

Interruption of electric or gas service to residential customers

SECTION 22. No utility company, the South Carolina Public Service Authority, any Electric Cooperative, nor Municipality may interrupt electric or gas heating service to any residential customer for nonpayment of a bill until twenty-five days have elapsed from the date of billing. Any person aggrieved by a violation of this section may petition the courts of this State for redress in accordance with applicable law and notwithstanding Section 58-27-210, the Public Service Commission shall have no jurisdiction over any Electric Cooperative or Municipality by reason of this section.

Motor vehicle carriers Class "A" and "B" certificate holders;

license fees; certain A, B, or C certificate holders to pay fees

semiannually

SECTION 23. Sections 58-23-530, 58-23-550, and 58-23-560 of the 1976 Code are amended to read:

"Section 58-23-530. The following annual fees shall be paid to the Commission by each holder of a certificate A which has twenty or more vehicles for each motor vehicle of the holder:

A motor vehicle weighing, including carrying capacity, less than seven thousand pounds if equipped with solid tires or less than thirteen thousand pounds if equipped with pneumatic tires, one fiftieth of a cent per each passenger seat multiplied by the total number of miles that the application shows will be traveled over the improved public highways of this State by the motor vehicle during the year for which the license is issued;

A motor vehicle weighing, including carrying capacity, over seven thousand pounds if equipped with solid tires or over thirteen thousand pounds if equipped with pneumatic tires, one fortieth of a cent per each passenger seat multiplied by the total number of miles that the application shows will be traveled over improved public highways of the State by the motor vehicle during the year for which the license is issued.

But the minimum fee for vehicles licensed hereunder is as follows: For a vehicle of not over seven passenger capacity, thirty dollars; for a vehicle of over seven and not over twelve passenger capacity, forty dollars; for a vehicle of over twelve and not over seventeen passenger capacity, fifty dollars; for a vehicle of over seventeen and not over twenty-two passenger capacity, sixty dollars; for a vehicle of over twenty-two and not over twenty-seven passenger capacity, seventy-five dollars; and for a vehicle over twenty-seven passenger capacity, ninety dollars.

Section 58-23-550. A holder of a certificate B which has twenty or more vehicles shall annually pay for each vehicle to the Commission for a license to operate as holder under the certificate the same amount as required of holders of certificate A, except that in computing the amount to be paid for a license the applicant must estimate the number of miles which each vehicle will travel during the period for which the license is issued. The minimum amount of the estimate is twenty-five thousand miles.

Section 58-23-560. A holder of a certificate A, B, or C with less than twenty vehicles must semiannually on or before January first and July first of each year pay to the Commission the following fees: For vehicles weighing not more than two thousand pounds, seven dollars and fifty cents; and for vehicles weighing in excess of two thousand pounds, seven dollars and fifty cents for the first two thousand pounds and two dollars and fifty cents additional for each additional five hundred pounds or part thereof of weight, except that the total license fee may not exceed fifty dollars per vehicle semiannually."

Radio common carriers; new rate application

SECTION 24. Section 58-11-60 of the 1976 Code is amended to read:

"Section 58-11-60. Whenever a radio common carrier desires to put into operation a new rate which affects the radio common carrier's general body of subscribers, the radio common carrier shall give the Commission not less than thirty days notice of its intention to file and shall, after the expiration of the notice period, then file with the Commission a schedule setting forth the proposed changes; provided, however, a hearing shall not be required when the proposed rate is a proposal to institute or modify an offering or regulation that is not part of a general rate case and does not affect the radio common carrier's general body of subscribers. Subject to the provisions of subsections (B) and (C) of Section 58-11-70, the proposed changes must not be put into effect in full or in part until approved by the Commission."

Further

SECTION 25. Section 58-11-70 of the 1976 Code is amended to read:

"Section 58-11-70. (A) Whenever there is filed with the Commission by any radio common carrier, a schedule stating a new rate or rates which affects the radio common carrier's general body of subscribers, the Commission shall, after notice to the public such as the Commission may prescribe, hold a hearing concerning the lawfulness or reasonableness of the rate or rates; provided, however, that when the proposed rate is a proposal to institute or modify an offering or regulation that is not part of a general rate case and does not affect the radio common carrier's general body of subscribers, the Commission may approve such filing without a hearing.

(B) The Commission shall rule and issue its order approving or disapproving the changes in full or in part within six months of the time of filing. If the Commission rules and issues its order within the time aforesaid, and the radio common carrier shall appeal from the order, by filing with the Commission a petition for rehearing, the radio common carrier may put the rate or rates requested in its schedule into effect under bond during the appeal and until final disposition of the case. The bond must be filed with the Commission and must be in a reasonable amount approved by the Commission, with sureties approved by the Commission, conditioned upon the refund, in a manner to be prescribed by order of the Commission, to the persons, corporations, or municipalities respectively entitled to the amount of excess, if the rate or rates put into effect are finally determined to be excessive. There may be substituted for the bond other arrangements satisfactory to the Commission for the protection of the parties interested. During any period in which a radio common carrier shall charge increased rates under bond, it shall provide records or other evidence of payments made by its subscribers under the rate or rates which the radio common carrier has put into operation in excess of the rate or rates in effect immediately prior to the filing of its schedule.

All increases in rates put into effect under the provisions of this section which are not approved and for which a refund is required shall bear interest at a rate of twelve percent per annum. The interest shall commence on the date the disallowed increase is paid and continue until the date the refund is made.

In all cases in which a refund is due, the Commission shall order a total refund of the difference between the amount collected under bond and the amount finally approved.

(C) If the Commission fails to rule and issue its order within six months after the date the schedule is filed, the radio common carrier may put into effect the change in rate or rates it requested in its schedule. The change is to be treated as an approval of the new rate schedule by the Commission.

(D) After the date the schedule, which affects the radio common carrier's general body of subscribers, is filed with the Commission, no further rate change request which affects the radio common carrier's general body of subscribers may be filed until twelve months have elapsed from the date of the filing of the schedule; provided, however, this section shall not apply to a request for a rate reduction."

Public utility rates under bond

SECTION 26. Chapter 1, Title 58 of the 1976 Code is amended by adding:

"Section 58-1-50. Notwithstanding any other provision of law, any public utility as defined in item (3) of Section 58-5-10, any telephone utility, and any electrical utility whose rates are subject to regulation by the Public Service Commission, when putting a proposed rate increase into effect under bond in the manner authorized by law, shall not be permitted to include as part of its rate base any interest expenses paid to customers on refunds which are required when the rate increase is not approved either in whole or in part."

Time effective

SECTION 27. Except for the provisions of Sections 58-23-530, 58-23-550, and 58-23-560, all as amended by this act, which provisions shall take effect July 1, 1983, and Section 18 which takes effect March 1, 1984, this act shall take effect upon approval by the Governor.