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4433Type of Legislation: Joint Resolution JRIntroducing Body: HouseIntroduced Date: 20020108Primary Sponsor: CatoAll Sponsors: Cato, Klauber, Vaughn, Leach, Snow, Taylor, Harvin, Barrett, Law, TrippDrafted Document Number: l:\council\bills\gjk\20832sd02.docResiding Body: HouseCurrent Committee: Labor, Commerce and Industry Committee 26 HLCISubject: Major utility facilities, moratorium on construction ofHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20020115 Co-Sponsor added (Rule 5.2) by Rep. Tripp House 20020108 Introduced, read first time, 26 HLCI referred to Committee House 20011219 Prefiled, referred to Committee 26 HLCI Versions of This Bill
TO PROVIDE A MORATORIUM UNTIL JUNE 30, 2003, ON THE CERTIFICATION OF ANY MAJOR UTILITY FACILITY NOT CONSTRUCTED BY A UTILITY CURRENTLY SERVING RETAIL CUSTOMERS IN SOUTH CAROLINA AND THAT DOES NOT HAVE AT LEAST SEVENTY-FIVE PERCENT OF ITS GENERATION CAPACITY UNDER A CONTRACT WITH A DURATION OF AT LEAST TEN YEARS WITH UTILITIES WHICH PROVIDE RETAIL ELECTRIC SERVICE TO CUSTOMERS IN SOUTH CAROLINA, TO PROVIDE EXCEPTIONS TO THE ABOVE MORATORIUM, AND TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL CONDUCT A STUDY OF THE NEEDS FOR THE SITING AND CONSTRUCTION OF THESE MERCHANT PLANTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. As a result of the concern over the proliferation of merchant plants in South Carolina, the Public Service Commission shall conduct a study of the needs for the siting and construction of these plants. The study shall be submitted to the General Assembly not later than June 30, 2002. The study will focus on issues affecting merchant plants siting in South Carolina including, but not limited to, the following:
(1) the original intent of the provisions of law relating to such plants versus its present interpretation relative to merchant plants;
(2) the existence of contractual obligations by merchant plants prior to construction;
(3) the impact on the transmission system;
(4) the impact on the supply and demands of prices of natural gas; and
(5) the potential impact on future siting of generation facilities by utility companies currently providing retail electric service in South Carolina.
SECTION 2. Notwithstanding the provisions of Article 3, Chapter 33, Title 58 of the 1976 Code, a moratorium is imposed on the certification of any major utility facility, as defined in Article 3, Chapter 33, Title 58, not constructed by a utility currently serving retail customers in South Carolina and that does not have at least seventy-five percent of its generation capacity under a contract with a duration of at least ten years with utilities which provide retail electric service to customers in South Carolina. Utilities which have received certification by the Public Service Commission before the effective date of this joint resolution are exempt from this moratorium. This moratorium is in effect until June 30, 2003. The General Assembly has determined to enact the provisions of this section because of a concern over the proliferation of these merchant plants in South Carolina.
SECTION 3. This joint resolution takes effect upon approval by the Governor.
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