South Carolina General Assembly
116th Session, 2005-2006

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Bill 1082

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

AMENDED

February 21, 2006

S. 1082

Introduced by Senators Moore, Rankin, Alexander and McConnell

S. Printed 2/21/06--S.    [SEC 2/22/06 9:32 AM]

Read the first time January 25, 2006.

            

A BILL

TO AMEND SECTIONS 58-3-100 AND 58-3-240, BOTH AS AMENDED; SECTIONS 58-3-310 AND 58-3-320; SECTIONS 58-5-10, 58-5-30, AND 58-5-40, ALL AS AMENDED; SECTIONS 58-5-220, AND 58-5-230; SECTION 58-5-240, AS AMENDED; SECTIONS 58-5-270, 58-5-300, 58-5-310, 58-5-320, 58-5-340, 58-5-350; SECTIONS 58-5-710 AND 58-5-720, BOTH AS AMENDED; SECTIONS 58-5-730, 58-5-920, 58-5-930; SECTION 58-5-940, AS AMENDED; SECTIONS 58-5-950, 58-5-960, 58-5-970, 58-5-980, 58-5-990, 58-5-1000, 58-5-1010, 58-5-1040, 58-5-1050, AND SECTION 58-9-10, AS AMENDED; SECTION 58-9-230, AS AMENDED; SECTION 58-9-270; SECTION 58-9-280, AS AMENDED; SECTIONS 58-9-290 AND 58-9-300; SECTION 58-9-320, AS AMENDED; SECTIONS 58-9-340, 58-9-370, 58-9-380, 58-9-390, 58-9-510; SECTION 58-9-520, AS AMENDED; SECTIONS 58-9-540, 58-9-575, 58-9-576, 58-9-577, AND 58-9-585, ALL AS AMENDED; ARTICLE 7, CHAPTER 9, TITLE 58; SECTIONS 58-9-1010, 58-9-1020, 58-9-1030, 58-9-1040, 58-9-1050, 58-9-1060, 58-9-1070, 58-9-1080, 58-9-1090, 58-9-1100, 58-9-1110, 58-9-1120, 58-9-1130, 58-9-1150, 58-9-1160, 58-9-1230, 58-9-1410, 58-9-1480, 58-9-1650, AND SECTION 58-9-2240, AS AMENDED; ARTICLE 21, CHAPTER 9, TITLE 58, AS AMENDED; SECTION 58-9-2620, AS AMENDED; SECTIONS 58-11-10 AND 58-11-30; SECTIONS 58-11-60, 58-11-70, BOTH AS AMENDED; SECTIONS 58-11-120, 58-11-160, 58-11-200, 58-11-220, 58-11-230, 58-11-240, 58-11-260, 58-11-410, 58-11-420, 58-11-430, 58-11-450, 58-11-460, 58-11-480, 58-11-490, 58-11-500, 58-11-510, 58-11-520, 58-11-530, 58-11-580, 58-11-600, 58-13-430, AND 58-15-1140; SECTIONS 58-15-940 AND 58-15-950, BOTH AS AMENDED; SECTIONS 58-15-960, 58-15-1520, 58-15-1700, 58-15-1710, 58-17-110, 58-17-140, 58-17-150, 58-17-170, 58-17-180, 58-17-190, 58-17-200, 58-17-320, 58-17-930, 58-17-940, AND 58-17-1320; ARTICLE 13, CHAPTER 17, TITLE 58; 58-17-1850, 58-17-1900, 58-17-1910, 58-17-2000, 58-17-2030, 58-17-2090, 58-17-2350, 58-17-2680, 58-17-3030, 58-17-3080, 58-17-3090, 58-17-3120, 58-17-3310, 58-17-3350, 58-17-3360, 58-17-3410, 58-17-3440, 58-17-3450, 58-17-3460, 58-17-3930, 58-17-3940, 58-17-3980, 58-17-4140, 58-17-4170, 58-23-10, AND 58-23-40; ARTICLE 3, CHAPTER 23, TITLE 58; SECTION 58-23-510; SECTIONS 58-23-530, 58-23-550, 58-23-560, 58-23-590, 58-23-630, 58-23-910, AND 58-23-1010, ALL AS AMENDED; SECTIONS 58-23-1080 AND 58-23-1090; ARTICLE 12, CHAPTER 23, TITLE 58; SECTIONS 58-27-10 AND 58-27-40; SECTION 58-27-50, AS AMENDED; SECTIONS 58-27-70, 58-27-140, 58-27-160, 58-27-170, 58-27-180, 58-27-190, 58-27-200, 58-27-210, 58-27-220, AND 58-27-430; SECTION 58-27-650, AS AMENDED; SECTIONS 58-27-660, 58-27-820, 58-27-850; SECTIONS 58-27-860, 58-27-865, AND 58-27-870, ALL AS AMENDED; SECTIONS 58-27-920 AND 58-27-930; SECTION 58-27-940, AS AMENDED; SECTIONS 58-27-950, 58-27-960, 58-27-1210, 58-27-1240, 58-27-1260, AND 58-27-1270; SECTION 58-27-1280, AS AMENDED; SECTION 58-27-1290; SECTION 58-27-1300, AS AMENDED; SECTIONS 58-27-1330 AND 58-27-1340; SECTION 58-27-1360, AS AMENDED; SECTIONS 58-27-1520, 58-27-1540, 58-27-1550, 58-27-1560, 58-27-1570, 58-27-1590, 58-27-1720, 58-27-1730, 58-27-1920, 58-27-1940, 58-27-1950, 58-27-1970, 58-27-1990, 58-27-2000, 58-27-2010, 58-27-2020, 58-27-2030, 58-27-2040, 58-27-2050, 58-27-2060, AND 58-27-2070; SECTION 58-27-2090, AS AMENDED; SECTIONS 58-27-2130, 58-27-2310, 58-27-2330, 58-27-2440, 58-31-380, 58-33-10, 58-33-20, AND 58-33-120; SECTION 58-33-140, AS AMENDED; SECTIONS 58-33-310, 58-33-320, 58-33-420, AND 58-33-430; SECTION 58-35-70, AS AMENDED; SECTION 44-55-120; SECTIONS 48-46-40 AND 48-52-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VARIOUS POWERS, DUTIES, AND FUNCTIONS OF THE PUBLIC SERVICE COMMISSION, SO AS TO CONFORM THESE PROVISIONS TO ACT 175 OF 2004, WHICH CREATED THE OFFICE OF REGULATORY STAFF AND WHICH, AMONG OTHER THINGS, DEVOLVED CERTAIN POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION UPON THIS OFFICE AND WHICH PROVIDED FOR CERTAIN SHARED RESPONSIBILITIES BETWEEN THE COMMISSION AND THIS OFFICE, AND IN CONFORMING THE PROVISIONS CONTAINED IN THIS ACT WITH ACT 175 OF 2004, TO FURTHER CLARIFY AND SPECIFY THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE PUBLIC SERVICE COMMISSION AND THE OFFICE OF REGULATORY STAFF; AND TO REPEAL SECTIONS 58-5-280, 58-9-840, 58-11-590, AND 58-27-60, RELATING TO CERTAIN POWERS OF THE PUBLIC SERVICE COMMISSION.

Amend Title To Conform

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

SECTION    1.    Section 58-3-100 of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"Section 58-3-100.    The expenses of the Transportation Department of the Public Service Commission, with the exception of the expenses incurred in its railway jurisdiction, must be borne by the revenues from license fees derived pursuant to Sections 58-23-530 through 58-23-630 and assessments to the carriers of household goods and hazardous waste for disposal carriers. The expenses of the railway section of the Public Service Commission must be borne by the railroad companies subject to the Public Service Commission's jurisdiction according to their gross income from operations in this State.

Except as specifically provided above, in Sections 58-5-940 and 58-27-50, all other expenses of the Public Service Commission must be borne by the public utilities subject to the commission's jurisdiction. On or before the first day of July in each year, the Department of Revenue must assess each public utility, railway company, household goods carrier, and hazardous waste for disposal carrier its proportion of the expenses in proportion to its gross income from operation in this State in the year ending on the thirtieth day of June preceding that on which the assessment is made which is due and payable on or before July fifteenth. The assessments must be charged against the companies by the Department of Revenue and collected by the department in the manner provided by law for the collection of taxes from the companies including the enforcement and collection provisions of Article 1, Chapter 54 of Title 12 and paid, less the department actual incremental increase in the cost of administration into the state treasury as other taxes collected by the department.

The commission must certify to the South Carolina Department of Revenue annually, but no later than May first, the amounts to be assessed.

The commission shall operate as an other-funded agency."

SECTION    2.    Section 58-3-240(C) of 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"(C)    Within twenty days after the execution of a written agreement between a provider of utility services and an industrial user pursuant to subsection (B), the provider of utility services must file with the commission and provide to the Office of Regulatory Staff, for information only, the written agreement and all waivers executed by jurisdictional utilities pursuant to subsection (B)."

SECTION    3.    Section 58-3-310 of the 1976 Code, as added by Act 90 of 1977, is amended to read:

"Section 58-3-310.    The law enforcement department of the Public Service Commission Office of Regulatory Staff shall consist of such officers, inspectors and agents as the commission may deem the Executive Director of the Office of Regulatory Staff considers necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other related laws, the enforcement of which is devolved upon the department. The title of such officers, inspectors and agents shall be 'Transportation Division Inspectors'. The inspectors shall be commissioned by the Governor upon the recommendation of the commission Executive Director of the Office of Regulatory Staff. The commission Executive Director of the Office of Regulatory Staff may remove an inspector if it he finds that he the inspector is unfit for the position."

SECTION    4.    Section 58-3-320 of the 1976 Code, as added by Act 90 of 1977 is amended to read:

"Section 58-3-320.    Each inspector shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the commission Office of Regulatory Staff and shall be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds coming into his hands and for the payment of any judgment rendered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of the inspector. The coverage under the bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule or blanket, and shall be approved by the Attorney General. The premiums on the bonds shall be paid by the commission the Office of Regulatory Staff from appropriated funds."

SECTION    5.    Section 58-5-10 of the 1976 Code, as last amended by Act 389 of 1994, is further amended to read:

"Section 58-5-10.    When used in Articles 1, 3 and 5 of this chapter:

(1)    The term 'commission' means the Public Service Commission.

(2)    The term 'corporation' includes joint stock companies, corporations, associations and commissions and boards, whether public or private, having any powers or privileges not possessed by individuals or partnerships;.

(23)    The term 'person' includes an individual, a firm and a copartnership;.

(34)    The term 'public utility' includes every corporation and person delivering natural gas distributed or transported by pipe, and every corporation and person furnishing or supplying in any manner heat (other than by means of electricity), water, sewerage collection, sewerage disposal, and street railway service, or any of them, to the public, or any portion thereof, for compensation; provided, however, that a corporation or person furnishing, supplying, marketing, and/or selling natural gas at the retail level for use as a fuel in self-propelled vehicles shall not be considered a public utility by virtue of the furnishing, supplying, marketing, and/or selling of such natural gas; and.

(45)    The term 'public or any portion thereof' means the public generally, or any limited portion of the public, including a person, private corporation, municipality, or any political subdivision of the State for which the service is performed or to which the commodity is delivered and whenever such corporation or person performs a service or delivers a commodity to the public, or any portion thereof, for which compensation is required such corporation or person is hereby declared to be a public utility subject to the jurisdiction and regulation of the Public Service Commission, the Office of Regulatory Staff, and the provisions of Articles 1, 3 and 5 of this chapter to the extent of its activities within the State.

(6)    The term 'regulatory staff' means the executive director or the executive director and employees of the Office of Regulatory Staff."

SECTION    6.    Section 58-5-30 of the 1976 Code, as last amended by Act 360 of 2002, is further amended to read:

"Section 58-5-30.    Except as provided in Article 23, Chapter 9 of Title 58, nothing contained in Articles 1, 3, and 5 of this chapter shall give the commission or the regulatory staff any power to regulate or interfere with public utilities owned or operated by or on behalf of any municipality or regional transportation authority as defined in Chapter 25 of this title or their agencies."

SECTION    7.    Section 58-5-40 of the 1976 Code, as amended by Act 556 of 1976, is further amended to read:

"Section 58-5-40.    Any water supplier who sells water wholesale to a municipality and any supplier of water-borne waste disposal services who renders such services on a wholesale basis to a municipality shall not be under the jurisdiction of the South Carolina Public Service Commission or the Office of Regulatory Staff as to such sale of water or services."

SECTION    8.    Section 58-5-220 of the 1976 Code is amended to read:

"Section 58-5-220.    The Commission Office of Regulatory Staff may, in its discretion, subject to approval of the commission:

(a)    establish a standardized system of accounts to be kept by the public utilities subject to its jurisdiction,;

(b)    classify such public utilities and establish a standardized system of accounts for each class; and

(c)    prescribe the manner in which such accounts shall be kept.

Any order hereunder shall take effect at the beginning of the fiscal year of the public utilities affected on not less than three months' notice thereof."

SECTION    9.    Section 58-5-230 of the 1976 Code is amended to read:

"Section 58-5-230.    The books and accounts of all public utilities shall be subject to the examination of the Commission regulatory staff at any time, but no examination shall be made by any agent or employee of the said Commission unless authorized so to do by an order of the Commission."

SECTION    10.    Section 58-5-240(A) and (F) of the 1976 Code, as last amended by Act 184 of 1989, is further 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 to the commission and the regulatory staff 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 and provide to the regulatory staff 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 commission.

(F)    After the date the schedule is filed with the commission and provided to the Office of Regulatory Staff, 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."

SECTION    11.    Section 58-5-270 of the 1976 Code is amended to read:

"Section 58-5-270.    Applications and complaints may be made by any corporation, public or private, person, chamber of commerce or board of trade, by any civic, commercial, mercantile, traffic, agricultural or manufacturing association or by any body politic, commission, board or municipal corporation by petition or complaint in writing, setting forth any act or thing done, or omitted to be done, with respect to which, under the provisions of Articles 1, 3 and 5 of this chapter, the Commission commission has jurisdiction or is alleged to have jurisdiction. Individual consumer complaints must be filed with the Office of Regulatory Staff which has the responsibility of mediating consumer complaints under the provisions of Articles 1, 3, and 5. If a complaint is not resolved to the satisfaction of the complainant, the complainant may request a hearing before the commission. The commission has jurisdiction to hear complaints regarding the reasonableness of any rates or charges that affect the general body of ratepayers; but the commission may at its discretion refuse to entertain a complaint petition as to the reasonableness of any rates or charges unless it be signed by the mayor or the president or chairman of the board of trustees or a majority of the council, commission or other legislative body of the city or county or city or town affected by the subject matter of such complaint or by not less than twenty-five consumers of the public utility named in the complaint. Any public utility shall have the right to petition or complain to the Commission commission on any of the grounds upon which complaints and petitions are allowed to be filed by other parties, including the fairness, reasonableness or sufficiency of any schedule, classification, rate, price, charge, fare, toll, rental, rule, regulation, service or facility of such public utility and in such event the same procedure shall be adopted and followed as in other cases or the complaint may be served upon any parties designated by the Commission."

SECTION    12.    Section 58-5-300 of the 1976 Code is amended to read:

"Section 58-5-300.    In connection with a determination under Section 58-5-290 the commission may consider all facts which in its judgment have a bearing upon a proper determination of the question, although not set forth in the complaint or application and not within the allegations contained therein."

SECTION    13.    Section 58-5-310 of the 1976 Code is amended to read:

"Section 58-5-310.    The commission shall cause a record to be kept of all proceedings had before it on any formal investigation and all testimony shall be taken down by a competent stenographer, designated by the Commission commission, and a copy or transcript thereof, verified by the oath of such stenographer, shall be furnished on terms fixed by the commission to parties desiring it and shall be received in evidence with the same effect as if such stenographer were present and testified thereto."

SECTION    14.    Section 58-5-320 of the 1976 Code is amended to read:

"Section 58-5-320.    The commission may, at any time, upon notice and opportunity to the public utility affected and the regulatory staff to be heard, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or amending a prior order or decision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions."

SECTION    15.    Section 58-5-340 of the 1976 Code is amended to read:

"Section 58-5-340.    Decisions of the Commission commission may be reviewed by the court of common pleas in accordance with Section 1-23-380 upon questions of both law and fact, as herein provided. Within thirty days after the application for a rehearing is denied or, if the application is granted, within thirty days after the rendition of the decision on rehearing the applicant, the aggrieved party may commence an action in the court of common pleas for Richland County against the Commission as defendant to vacate or set aside any such order of the Commission commission or enjoin the enforcement thereof on the ground that the authorization, consent, rate or rates, charges, fares, tolls and schedules fixed in such order are insufficient, unreasonable, unjust or unlawful or that any such regulation, practice, act or service fixed in such manner is unreasonable, unjust, insufficient or unlawful. The commission must not be a party to the action.

In any such action a copy of the complaint shall be served with the summons and no order of determination of the Commission commission reducing any rate, fare, charge or toll shall be in force during the pendency of such action if the utility affected shall execute and file with the clerk of said court a bond undertaking in such sum as the court shall prescribe, and to be approved by the court, conditioned to secure the refund to customers of any sums that may be collected in excess of the rates, fares, charges or tolls that shall be finally adjudged to be lawful and valid."

SECTION    16.    Section 58-5-350 of the 1976 Code is amended to read:

"Section 58-5-350.    In any action to review any order or decision of the Commission commission, a transcript of the testimony taken, together with all exhibits or copies thereof introduced, and of the pleadings, records, proceedings and orders in the case, which shall be accompanied by any opinion or memorandum of the Commission commission concerning it, shall constitute the record of the Commission commission on the review, except that on review of an order or decision of the Commission commission the parties interested in the result and the Commission may stipulate that a certain question or questions alone and specified portion only of the evidence shall be certified to the court for its judgment, whereupon such stipulation and the question or questions and the evidence therein specified shall constitute the record for review."

SECTION    17.    Section 58-5-710 of the 1976 Code, as amended by Act 22 of 1999, is further amended to read:

"Section 58-5-710.    The Public Service Commission, upon petition by any interested party, shall have the right to require any person or corporation, as defined in Section 58-5-10, operating a water or sewer utility system for which prior consent or approval by the commission is required to appear before the commission on proper notice and show cause why that utility should not be required to take steps as are necessary to provide adequate and proper service to its customers. If the commission upon hearing determines that the service is not being provided, it shall issue an order requiring the utility to take steps as are necessary to the provision of the service within a reasonable time as prescribed by the commission. Upon failure of the utility to provide the service within the time prescribed without cause or excuse, as shall be determined by the commission, the commission shall impose a penalty or fine against the utility in an amount not less than one hundred dollars per day but not more than one thousand dollars per day. Each day the failure or noncompliance continues shall be considered a separate and distinct breach or violation of the order. Any fine or penalty so imposed or assessed by the commission, upon proper filing in the appropriate county office or offices, constitutes a lien upon the properties and assets of the utility in like manner and form as any other judgment at law. Any fine or penalty so imposed by the commission shall go into the general fund of the State, unless otherwise provided by law."

SECTION    18.    Section 58-5-720 of the 1976 Code, as last amended by Act 22 of 1999, is further amended to read:

"Section 58-5-720.    The commission shall, before the granting of authority or consent to any water or sewer utility regulated by the commission, for the construction, operation, maintenance, acquisition, expansion, or improvement of any facility or system, prescribe as a condition to the consent or approval that the utility shall:

(1)    file with the commission a bond with sufficient surety, as approved by the commission, in an amount not less than one hundred thousand dollars and not more than three hundred fifty thousand dollars payable to the commission and conditioned upon the provision by the utility of adequate and sufficient service within its service area and provide a copy of the bond to the Office of Regulatory Staff; or

(2)    deliver to the commission certificates of deposit, with endorsements as required by the commission, of federal or state chartered banks or savings and loan associations who maintain an office in this State and whose accounts are insured by either the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. The certificates of deposit shall not exceed the amount covered by insurance. The commission has the right, upon notice and hearing, to declare all or any part of the bond or certificate of deposit forfeited upon a determination by the commission that the utility failed to provide service without just cause or excuse and that this failure has continued for an unreasonable length of time. A further condition of the bond or certificate of deposit shall be the provision for payment to the commission of any fine or penalty imposed or assessed by the commission against the utility under the provisions of Section 58-5-710."

SECTION    19.    Section 58-5-730 of the 1976 Code is amended to read:

"If the commission shall, after notice and hearing, determine determines that a utility subject to the regulations of the Commission commission has willfully 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 Commission 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."

SECTION    20.    Section 58-5-920(j) of the 1976 Code is amended to read:

"(j)    The term 'regulatory staff' means the executive director or the executive director and the employees of the Office of Regulatory Staff.

(k)    The term 'transportation of gas' when used in this article means the gathering, transmission, distribution and storage of gas."

SECTION    21.    Section 58-5-930 of the 1976 Code is amended to read:

"Section 58-5-930.    Each gas utility shall obey and comply with each and every requirement of every lawful order, decision, direction, rule, or regulation made or prescribed by the commission and every direction, rule, or regulation made or prescribed by the Office of Regulatory Staff in the performance of its duties under this article in relation to Federal safety standards and it shall do everything reasonably necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule, or regulation by all of its officers, agents and employees."

SECTION    22.    Section 58-5-940 of the 1976 Code, as amended by Act 331 of 1982, is further amended to read:

"Section 58-5-940.    All lawful expenses and charges incurred by the commission and the Office of Regulatory Staff in the administration of this chapter and in performance of its duties thereunder shall be defrayed by assessments made by the Comptroller General against the gas utilities regulated thereunder and based upon the gross revenues collected by the gas utilities from their business done wholly within this State in the manner set out in Section 58-3-100 for other corporations; provided, however, the assessments against municipalities, gas authorities, public service districts or other political subdivisions of the State shall be applicable only to expenses and charges incurred in the administration and enforcement of the provisions of this article relating to gas safety requirements.

The Public Service Commission and the Office of Regulatory Staff shall certify to the Comptroller General annually on or before August first the amounts to be assessed in the format approved by the Comptroller General."

SECTION    23.    Section 58-5-950 of the 1976 Code is amended to read:

"Section 58-5-950.    The commission and the Office of Regulatory Staff may employ such technical administrative and clerical staff as may be required to carry out the provisions of this article and to perform the duties and exercise the powers conferred upon it by this article in relation to gas utilities. The Attorney General Office of Regulatory Staff shall institute and defend all suits or actions arising under this chapter."

SECTION    24.    Section 58-5-960 of the 1976 Code is amended to read:

"Section 58-5-960.    All pipeline facilities used in this State for the transportation of gas shall must be constructed, operated and maintained in such a manner as at all times to be in compliance with minimum Federal federal safety standards and with the safety standards adopted by the commission."

SECTION    25.    Section 58-5-970 of the 1976 Code is amended to read:

"The Commission Office of Regulatory Staff is authorized to adopt and enforce the minimum Federal safety standards for the transportation of gas and pipeline facilities established by the Secretary of Transportation pursuant to Section 3 (b) of the Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481) [49 U.S.C. Section 1672 (b)], as may be amended from time to time."

SECTION    26.    Section 58-5-980(a) of the 1976 Code is amended to read:

"Section 58-5-980.    (a)    After reasonable notice and an opportunity for the submission for written data, view or arguments with or without opportunity for oral presentation by interested gas utilities, the regulatory staff, and the public, the commission may establish additional minimum safety standards for pipeline facilities and the transportation of gas (not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act) in this State."

SECTION    27.    Section 58-5-990 of the 1976 Code is amended to read:

"Section 58-5-990.    Any gas utility which is or will be adversely affected by any rule or order of the Commission commission adopted or established pursuant to this article may file an application for rehearing and thereafter may seek judicial review in accordance with provisions of Sections 58-5-340 to 58-5-360. The commission must not be named a party to any action."

SECTION    28.    Section 58-5-1000(a) and (b) of the 1976 Code is amended to read:

"Section 58-5-1000.    (a)    Each gas utility that engages in the transportation of gas or which owns or operates pipeline facilities not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act shall file with the Commission Office of Regulatory Staff a plan for inspection and maintenance of each pipeline facility owned or operated by the gas utility, and any changes in the plan, in accordance with regulations prescribed by the Commission commission.

(b)    The Commission commission may by regulation also require any gas utility which engages in the transportation of gas or which owns or operates pipeline facilities subject to the provisions of this article to file its plan for approval with the Office of Regulatory Staff."

SECTION    29.    Section 58-5-1010 of the 1976 Code is amended to read:

"Section 58-5-1010.    (a)    Each gas utility which engages in the transportation of gas or which owns or operates pipeline facilities shall establish and maintain such records, make such reports and provide such information as the Commission Office of Regulatory Staff may reasonably require to enable it to determine whether the utility has acted or is acting in compliance with the standards established under this article.

(b)    Each utility shall, upon request of any officer, employee or agent authorized by the Commission, permit the an officer, employee, or agent of the Office of Regulatory Staff to inspect books, papers, records and documents relevant to determining whether the utility has acted or is acting in compliance with the standards established pursuant to this article.

(c)    The Commission is authorized to Office of Regulatory Staff may conduct such other relevant inspection and investigation as may be necessary to aid in the enforcement of the standards established pursuant to this article. The Commission shall furnish the Attorney General any information obtained indicating noncompliance with such standards for appropriate action. For purposes of enforcement of this article, officers, employees or agents of the Office of Regulatory Staff authorized by the Commission upon presenting appropriate credential credentials to the individual in charge are authorized (1) to enter upon, at reasonable times, pipeline facilities, and (2) to inspect, at reasonable times and within reasonable limits and in a reasonable manner the facilities. Each inspection shall be commenced and completed with reasonable promptness.

(d)    Accident reports made by any officer, employee or agent of the Commission Office of Regulatory Staff shall be available for use, but not admissible into evidence, in any civil, criminal or other judicial proceeding arising out of an accident. Any officer, employee or agent may be required to testify in such proceedings as to the facts developed in the investigations, but no officer, employee or agent shall give opinion testimony or otherwise testify as to the ultimate fact in any civil, criminal or other judicial proceeding out of the accident, except in a proceeding or action between the Commission Office of Regulatory Staff and a gas utility. Any report shall be made available to the public in a manner which need not identify individuals. All reports on research projects, demonstration projects and other related activities shall be public information.

(e)    All information reported to or otherwise obtained by the commission, the Office of Regulatory Staff, or its representative their representatives pursuant to subsection (a), (b) or (c), which information contains or relates to a trade secret, shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this article or when relevant in any proceeding under this article. Nothing in this section shall authorize the withholding of information by the commission, the Office of Regulatory Staff, or any officer, employee or agent under its control from the duly authorized committees of the State state legislature."

SECTION    30.    Section 58-5-1040(a) of the 1976 Code is amended to read:

"Section 58-5-1040.    (a)    The court of common pleas shall have jurisdiction to restrain violations of this article (including the restraining of transportation of gas or the operation of a pipeline facility) or to enforce standards established hereunder upon petition by the Attorney General on behalf of the Commission Office of Regulatory Staff. Whenever practicable, the Commission Office of Regulatory Staff shall give notice to any gas utility against which an action for injunctive relief is contemplated and afford it an opportunity to present its views, and, except in the case of a knowing and willful violation, shall afford it reasonable opportunity to achieve compliance. The failure to give notice and afford an opportunity to achieve compliance shall not preclude the granting of appropriate relief."

SECTION    31.    Section 58-5-1050 of the 1976 Code is amended to read:

"Section 58-5-1050.    (a)    As soon as practicable after April 23, 1970, and every year thereafter, the Commission Office of Regulatory Staff shall submit an annual certification to the Secretary of the Department of Transportation as provided for in Section 5 (a) of the Natural Gas Pipeline Safety Act of 1968 (P.L. 90-481) [49 U.S.C. Section 1674 (a)], as may be amended from time to time.

(b)    In the event that a new or amended Federal federal safety standard is adopted, the Commission Office of Regulatory Staff shall submit an appropriate certification to comply with Section 5 (d) of the Natural Gas Pipeline Safety Act of 1968 [P.L. 90-481, 49 U.S.C. Section 1674 (d)].

(c)    The Commission Office of Regulatory Staff is further empowered to make and to provide certifications, reports and information to the Secretary of the United States Department of Transportation or any other regulatory agency of the United States having jurisdiction over Federal federal safety standards; to enter into agreements with the Secretary to carry out the purposes of this article; to enforce Federal federal safety standards in the State in lieu of enforcement by the Department of Transportation as permitted by the Natural Gas Pipeline Safety Act of 1968, as may be amended from time to time; and to exercise regulatory jurisdiction over the safety of pipeline systems and the transportation of gas as permitted by the Natural Gas Pipeline Safety Act of 1968, as may be amended from time to time."

SECTION    32.    Section 58-9-10 of the 1976 Code, as last amended by Act 6 of 2003, is further amended by adding at the end:

"(18)    The term 'regulatory staff' means the executive director or the executive director and the employees of the Office of Regulatory Staff."

SECTION    33.    Section 58-9-230(C) of the 1976 Code, as amended by Act 537 of 1988, is further amended to read:

"(C)    The charges for services offered by the utility pursuant to subsection (B) must, in every instance, be provided at a level above the cost of the service as determined by the commission. The Commission, and its staff regulatory staff shall have access to such data to insure ensure compliance with this section. Upon request of the South Carolina Department of Consumer Affairs the utility shall make available to the Consumer Advocate all cost data for the charges for services offered by the utility pursuant to subsection (B). The cost data is not subject to disclosure to the public. However, upon the application of any interested party and for good cause shown, the commission may enter an appropriate order which directs the manner in which the proprietary cost data provided to the Commission and the Consumer Advocate regulatory staff may be made available to such interested party."

SECTION    34.    Section 58-9-270 of the 1976 Code is amended to read:

"Section 58-9-270.    When ordered by the Commission commission after notice to other interested telephone utilities and the public and due hearing any telephone utility may be required to establish, construct, maintain and operate any reasonable extension of its existing facilities. If any such extension, however, by any telephone utility of its existing facilities will interfere with the service or system of any other telephone utility, the Commission commission may on complaint petition and after hearing either order the discontinuance of such extension or prescribe such terms and conditions with respect thereto as may be just and reasonable."

SECTION    35.    Section 58-9-280 of the 1976 Code, as last amended by Act 5 of 2005, is further amended to read:

"Section 58-9-280.    (A)    No telephone utility shall begin the construction or operation of any telephone utility plant or system, or of any extension thereof, except those ordered by the commission under the provisions of Section 58-9-270, without first obtaining from the commission a certificate that public convenience and necessity require or will require such construction or operation. But this section shall not be construed to require any telephone utility to secure a certificate for any extension within any municipality or district within which it had lawfully commenced operations on June 16, 1950, or for an extension within or to territory already served by it, necessary in the ordinary course of its business, or for an extension into territory contiguous to that already occupied by it as defined by the commission and not receiving similar service from another telephone utility; but, if any telephone utility in constructing or extending its lines, plant, or system unreasonably interferes or is about to interfere unreasonably with the service or system of any other telephone utility, the commission may make such order and prescribe such terms and conditions in harmony with Articles 1 through 13 of this chapter as are just and reasonable.

(B)    After notice and an opportunity to be heard, the commission may grant a certificate to operate as a telephone utility, as defined in Section 58-9-10(6), to applicants proposing to furnish local telephone service in the service territory of an incumbent LEC, subject to the conditions and exemptions stated in this section and in applicable federal law. The provisions of this act shall apply to any such application for a certificate pending before the commission on the effective date of this act; provided, however, that any carrier filing an application to furnish telecommunications service as a private line or special access service provider or as a carrier's carrier prior to March 25, 1996, may elect to comply with the certification requirements in effect on that date rather than those contained within this subsection (B); provided, further, however, that such carrier shall comply with subsection (B)(4) hereof. In determining whether to grant a certificate under this subsection, the commission may require, not inconsistent with the federal Telecommunications Act of 1996, that the:

(1)    applicant show that it possesses technical, financial, and managerial resources sufficient to provide the services requested;

(2)    service to be provided will meet the service standards that the commission may adopt;

(3)    provision of the service will not adversely impact the availability of affordable local exchange service;

(4)    applicant, to the extent it may be required to do so by the commission, will participate in the support of universally available telephone service at affordable rates; and

(5)    provision of the service does not otherwise adversely impact the public interest.

In its application for certification, the applicant seeking to provide the service shall set forth with particularity the proposed geographic territory to be served, and a price list and informational tariff regarding the types of local exchange and exchange access services to be provided. Any person granted authority under this section shall maintain a current price list with the commission and the Office of Regulatory Staff. A commission order, denying or approving an application for certification of a new local telephone service provider, shall be entered no more than sixty days from the filing of the application, except that the commission, upon notice, may extend that period not to exceed an additional sixty days.

(C)    The commission shall determine the requirements applicable to all local telephone service providers necessary to implement this subsection. These requirements shall be consistent with applicable federal law and shall:

(1)    provide for the reasonable interconnection of facilities between all certificated local telephone service providers upon a bona fide request for interconnection, subject to the negotiation process set forth in subsection (D) of this section;

(2)    provide for the transfer of telephone numbers between local telephone service providers in a manner that is technically feasible;

(3)    provide for the reasonable unbundling of network elements upon a request from a LEC where technically feasible and priced in a manner that recovers the providing LEC's cost;

(4)    determine, for small LEC's, when and under what circumstances resale of local exchange telephone services is in the public interest and should be allowed. Telecommunications services that are available at retail to a specific category of subscribers only shall not be offered for resale to a different category of subscribers; and

(5)    provide for the continued development and encouragement of universally available basic local exchange telephone service at reasonably affordable rates.

The final commission order implementing these requirements shall be issued within six months of the effective date of this section, except that the commission, upon notice, may extend that period up to an additional ninety days.

(D)    A LEC shall negotiate the rates, terms, and conditions for local interconnection. In the event that the parties are unable to agree on appropriate rates, terms, and conditions for interconnection within one hundred thirty-five to one hundred sixty days of receipt of a bona fide request, either party may petition the commission for determination of the appropriate rates, terms, and conditions for interconnection. This period may be shortened or extended by mutual agreement of the parties. The commission shall determine the appropriate rates, terms, and conditions for interconnection within nine months from the filing of the petition in accordance with the terms of applicable federal law. The regulatory staff shall represent the public interest in any matter undertaken pursuant to this subsection unless the Executive Director of the Office of Regulatory Staff chooses to opt out as a participant pursuant to Section 58-4-50.

(E)    In continuing South Carolina's commitment to universally available basic local exchange telephone service at affordable rates and to assist with the alignment of prices and/or cost recovery with costs, and consistent with applicable federal policies, the commission shall establish a universal service fund (USF) for distribution to a carrier(s) of last resort. The commission shall issue its final order adopting such guidelines as may be necessary for the funding and management of the USF within twelve months of the effective date of this section except that the commission, upon notice, may extend that period up to an additional ninety days. These guidelines must not be inconsistent with applicable federal law and shall address, without limitation, the following:

(1)    The USF shall be administered by the commission Office of Regulatory Staff or a third party designated by the commission Office of Regulatory Staff under guidelines to be adopted by the commission.

(2)    The commission shall require all telecommunications companies providing telecommunications services within South Carolina to contribute to the USF as determined by the commission.

(3)    The commission also shall require any company providing telecommunications service to contribute to the USF if, after notice and opportunity for hearing, the commission determines that the company is providing private local exchange services or radio-based local exchange services in this State that compete with a local telecommunications service provided in this State.

(4)    The size of the USF shall be determined by the commission and shall be the sum of the difference, for each carrier of last resort, between its costs of providing basic local exchange services and the maximum amount it may charge for the services. The commission may use estimates to establish the size of the USF on an annual basis, provided it establishes a mechanism for adjusting any inaccuracies in the estimates.

(5)    Monies in the USF shall be distributed to a carrier of last resort upon application and demonstration of the amount of the difference between its cost of providing basic local exchange services and the maximum amount it may charge for such services.

(6)    The commission shall require any carrier of last resort seeking reimbursement from the fund to file with the commission and provide to the Office of Regulatory Staff the information necessary to determine the costs of providing basic local exchange telephone services. In the event that a carrier of last resort does not currently conduct detailed cost studies relating to such services, the commission shall allow for an appropriate surrogate for such study.

(7)    The commission shall have the authority to make adjustments to the contribution or distribution levels based on yearly reconciliations and to order further contributions or distributions as needed.

(8)    After notice and an opportunity for hearing to all affected carriers and the Office of Regulatory Staff, the commission by rule may expand the set of services within the definition of universal service based on a finding that the uniform statewide demand for such additional service is such that including the service within the definition of universal service will further the public interest; provided, however, that before implementing any such finding, the commission shall provide for recovery of unrecovered costs through the USF of such additional service by the affected carrier of last resort.

(9)    Nothing in subsection (G) of this section shall preclude the commission from assessing broadband service revenues for purposes of contributions to the USF, pursuant to this subsection.

(F)    Nothing in this chapter shall be interpreted to limit or restrict any right that any local exchange carrier may have under federal law.

(G)(1)    Competition exists for a particular service if, for an identifiable class or group of customers in an exchange, group of exchanges, or other clearly defined geographical area, the service, its functional equivalent, or a substitute service is available from two or more providers. The commission must not:

(1a)    impose any requirements related to the terms, conditions, rates, or availability of broadband service,; or

(2b)    otherwise regulate broadband service; however, in order to facilitate the continued deployment of broadband service by rural telephone companies as defined in 47 U.S.C. Section 153 (37), facilities utilized by rural telephone companies for the provision of broadband service must continue to be treated by the commission in the same manner as they were treated as of January 1, 2003, so as not to impact the provision or pricing of regulated telecommunications services by rural telephone companies. The commission shall not regulate a service for which competition exists if the market for that service is sufficiently competitive to protect the public interest. If the commission finds that competition exists for a particular service, but that service is not sufficiently competitive to protect the public interest, the commission must provide appropriate regulatory and pricing flexibility to all providers of the service.

(2)    Nothing in subsection (G)(1) of this section is intended to affect the Public Service Commission's jurisdiction with respect to any service other than broadband service or to affect the application of access rates and charges to broadband providers or with respect to broadband services. Nothing in subsection (G)(1) of this section shall be construed to relieve an incumbent local exchange carrier, as defined by Section 251(h) of the federal Telecommunications Act of 1996, of its obligations pursuant to Sections 251 and 252 of the federal act or any Federal Communications Commission regulation relating to Sections 251 and 252 of the federal act to provide new entrant LEC's with unbundled access to network elements or interconnection including, but not limited to, loops, subloops, transmission facilities, and collocation space.

(3)    The commission Office of Regulatory Staff must compile information in order to monitor the status of local telephone competition in this State. In compiling this information, the commission Office of Regulatory Staff must require all local exchange carriers, as defined in Section 58-9-10(12), to report to the commission Office of Regulatory Staff annually, the total number of access lines providing local exchange telecommunications services to an end user in this State. The commission Office of Regulatory Staff must also maintain a copy of all written complaints received regarding the impact broadband services may be having on the competitive local exchange market. This information must be compiled and made available prior to May 15 fifteenth of each year.

(H)    Any local exchange carrier, upon a showing of changed circumstances or that it is necessary or appropriate to realign rates with the costs of various telecommunications components, may petition the commission to reexamine any rates that have been capped pursuant to the provisions of this chapter and to set new price caps. A copy of the petition must be served upon the Office of Regulatory Staff.

(I)    The incumbent LEC's subject to this section shall be authorized to meet the offerings of any local exchange carrier serving the same area by packaging services together, using volume discounts and term discounts, and by offering individual contracts for services, except as restricted by federal law. Individual contracts for services or contracts with other providers of telecommunications services shall not be filed with the commission, except as required by federal law, provided that telecommunications carriers shall provide access to such contracts to the commission as required.

(J)    Subject to the requirements of applicable federal law, a small LEC may define the term "cost", as used within this section and where applicable to a small LEC, to include all embedded costs as well as a reasonable contribution to universal local service, where applicable, until such time as these costs are recovered from other sources.

(K)    Subject to federal law, if the commission finds that the resale of any service or unbundled capability, element, feature, or function in a small LEC area is in the public interest, then the small LEC shall not be required to offer its services at a price below its cost.

(L)    Upon enactment of this section and the establishment of the Interim LEC Fund, as specified in subsection (M) of this section, the commission shall, subject to the requirements of federal law, require any electing incumbent LEC, other than an incumbent LEC operating under an alternative regulation plan approved by the commission before the effective date of this section, to immediately set its toll switched access rates at levels comparable to the toll switched access rate levels of the largest LEC operating within the State. To offset the adverse effect on the revenues of the incumbent LEC, the commission shall allow adjustment of other rates not to exceed statewide average rates, weighted by the number of access lines, and shall allow distributions from the Interim LEC Fund, as may be necessary to recover those revenues lost through the concurrent reduction of the intrastate switched access rates.

(M)    The commission shall, not later than December 31, 1996, establish an Interim LEC Fund to be administered by the Office of Regulatory Staff or a designee. The Interim LEC Fund shall initially be funded by those entities receiving an access or interconnection rate reduction from LEC's pursuant to subsection (L) in proportion to the amount of the rate reduction. To the extent that affected LEC's are entitled to payments from the USF, the Interim LEC Fund must transition into the USF as outlined in Section 58-9-280(E) when funding for the USF is finalized and adequate to support the obligations of the Interim LEC Fund.

(N)    The commission shall ensure that any requirements implemented under Section 58-9-280(C) are appropriate for the service territory of the small LEC and may implement such alternative requirements necessary to protect the public interest in such service area. Specifically, the commission shall ensure for small LEC's that telecommunications services that are available at retail to a specific category of subscribers only shall not be offered for resale to a different category of subscribers. Additionally, consistent with the federal Telecommunications Act of 1996, LEC's shall not be required to offer for resale services which they do not make available on a retail basis.

(O)    If any provision or section of this chapter is held invalid or held not to apply to a particular local exchange carrier, such holding shall not affect the remaining provisions of this chapter or their application to any local exchange carrier to which they might apply."

SECTION    36.    Section 58-9-290 of the 1976 Code is amended to read:

"Section 58-9-290.    Telephone utilities may contract with each other for the connection of their respective lines or systems and for the interchange through such connections of public telephone and communications service and for other proper purposes. A copy of every such contract shall be filed with the commission and provided to the Office of Regulatory Staff. Such contract shall remain in effect in accordance with its terms unless the Commission commission, after notice and hearing, shall find that such contract is contrary to the public interest and shall disapprove it."

SECTION    37.    Section 58-9-300 of the 1976 Code is amended to read:

"Section 58-9-300.    No telephone utility shall abandon all or any portion of its service to the public, except for ordinary discontinuance of service for nonpayment of a lawful charge or for violation of rules and regulations approved by the Commission commission, unless written application is first made to the Commission commission for the issuance of a certificate authorizing such abandonment, nor until the Commission commission in its discretion issues such certificate. Any application must also be served on the Office of Regulatory Staff at the same time it is filed with the commission."

SECTION    38.    Section 58-9-320 of the 1976 Code, as last amended by Act 138 of 1983, 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, the Office of Regulatory Staff, and the public, all such contracts, papers, and documents relating thereto and explanatory thereof as may be required by the Commission 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."

SECTION    39.    Section 58-9-340 of the 1976 Code is amended to read:

"Section 58-9-340.    The Commission Office of Regulatory Staff may, in its discretion, and subject to approval of the commission, prescribe systems of accounts to be kept by telephone utilities subject to it's the commission's jurisdiction and it the Office of Regulatory Staff may prescribe the manner in which the accounts shall be kept and may require every telephone utility to keep its books, papers and records accurately and faithfully according to the system of accounts as prescribed by the Commission Office of Regulatory Staff. But nothing in this section shall be construed to be in conflict with or in violation of the provisions of the Communications Act of Congress of 1934, as amended (U. S. C. A. Title 47, Sections 151 through 609), nor shall anything herein be construed to be in conflict with any lawful order of the Federal Communications Commission issued pursuant to the authority vested in it by said act of Congress."

SECTION    40.    Section 58-9-370 of the 1976 Code is amended to read:

"Section 58-9-370.    (A)    The Commission Subject to approval of the commission, the Office of Regulatory Staff may require any telephone utility to file annual reports in such form and of such content as the Commission Office of Regulatory Staff may require and special reports concerning any matter about which the Commission Office of Regulatory Staff is authorized to inquire or to keep itself informed or which it is required to enforce. All reports shall be under oath when required by the Commission Office of Regulatory Staff.

(B)    A copy of all reports filed with the commission also must be provided to the Office of Regulatory Staff."

SECTION    41.    Section 58-9-380 of the 1976 Code is amended to read:

"Section 58-9-380.    Each telephone utility shall have an office in one of the counties of this State in which its property or some part thereof is located and shall keep in such office all such books, accounts, papers and records as shall reasonably be required by the Commission Office of Regulatory Staff to be kept within the State. No books, accounts, papers or records required by the Commission Office of Regulatory Staff to be kept within the State shall be removed at any time from the State except upon such conditions as may be prescribed by the Commission Office of Regulatory Staff."

SECTION    42.    Section 58-9-390 of the 1976 Code is amended to read:

"Section 58-9-390.    Each telephone utility shall obey and comply with each and every requirement of every order, decision, direction, rule, or regulation made or prescribed by the commission and every direction, rule, or regulation made or prescribed by the Office of Regulatory Staff in the performance of its duties under Articles 1 through 13 of this chapter, or in relation to any other matter in any way relating to or affecting the business of such telephone utility and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule, or regulation by all of its officers, agents and employees."

SECTION    43.    Section 58-9-510 of the 1976 Code is amended to read:

"Section 58-9-510.    Whenever the commission after a hearing, upon its own motion or upon complaint, finds that the existing rates in effect and collected by any telephone utility for any service are unjust, unreasonable, insufficient, unreasonably discriminatory, or in any way in violation of any provision of law, the commission shall determine the just, reasonable, and sufficient rates to be thereafter observed and in force and shall fix them by its order."

SECTION    44.    Section 58-9-520 of the 1976 Code, as amended by Act 138 of 1983, is further 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 and the Office of Regulatory Staff 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 and provide to the Office of Regulatory Staff 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."

SECTION    45.    Section 58-9-540(A) of the 1976 Code, as last amended by Act 138 of 1983, is further 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 Office of Regulatory Staff and 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."

SECTION    46.    Section 58-9-575 of the 1976 Code, as added by Act 347 of 1994, is amended to read:

"Section 58-9-575.    (A)    Notwithstanding the provisions of Section 58-9-570, in fixing rates and charges for a local exchange telephone utility, the commission may, upon the request of the telephone utility or upon the commission's own motion of the Office of Regulatory Staff, consider in lieu of the procedures provided in this chapter, alternative means of regulating the telephone utility. If the commission determines that a local exchange telephone utility is subject to competition with respect to its services, the commission may implement regulatory alternatives including, but not limited to, equitable sharing of earnings between a local exchange telephone utility and its customers, consistent with the provisions of Section 58-9-330.

(B)    The commission shall review and may authorize implementation of an alternative regulatory plan under subsection (A) if it finds after notice and hearing that the substantial evidence of record shows that the plan:

(1)    is consistent with the public interest;

(2)    does not jeopardize the availability of reasonably affordable and reliable telecommunications services;

(3)    provides clearly identifiable benefits to consumers that are not otherwise available under existing regulatory procedures;

(4)    will reduce regulatory delay and costs;

(5)    provides adequate safeguards to consumers of telecommunications services, including other telecommunications companies, when such services are not readily available from alternative suppliers in the relevant geographic market;

(6)    includes effective safeguards to assure that rates for noncompetitive services do not subsidize the prices charged for competitive services. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives;

(7)    assures that rates for noncompetitive services are just, reasonable, or not unduly discriminatory and provide a contribution to basic local telephone service; and

(8)    does not jeopardize the ability of the telephone utility to provide quality, affordable telecommunications service.

(C)    The commission may, on its own motion or the motion of the Office of Regulatory Staff or any interested party, review any decision adopting an alternative method of regulation for a local exchange telephone utility. After notice and opportunity to be heard and upon a showing by substantial evidence, the commission may impose regulatory standards consistent with the provisions of this chapter."

SECTION    47.    Section 58-9-576 of the 1976 Code, as last amended by Act 5 of 2005, is further amended to read:

"Section 58-9-576.    (A)    Any LEC may elect to have rates, terms, and conditions determined pursuant to the plan described in subsection (B), if the commission:

(1)    has approved a local interconnection agreement in which the LEC is a participant with an entity determined by the commission not to be affiliated with the LEC,;

(2)    determines that another provider's service competes with the LEC's basic local exchange telephone service,; or

(3)    determines that at least two wireless providers have coverage generally available in the LEC's service area and that the providers are not affiliates of the LEC. A determination by the commission under subitem (3) of this subsection shall not constitute a determination under Section 58-9-280(E)(3) or (G)(1), or any other applicable provision of law, that a wireless provider is providing services that compete with a local telecommunications service in this State for purposes of participation in the state Universal Service Fund.

(B)    Notwithstanding any other provision of this chapter, effective July 1, 1996, any LEC may elect to have its rates, terms, and conditions for its services determined pursuant to the plan described in this subsection, in lieu of other forms of regulation including, but not limited to, rate of return or rate base monitoring or regulation, upon the filing of notice with the commission and providing a copy of any such notice to the Office of Regulatory Staff as follows:

(1)    If the provisions of subsection (A) have been complied with, the plan under this subsection becomes effective on the date specified by the electing LEC, but in no event sooner than thirty days after the notice is filed with the commission.

(2)    Except as provided in item (8), on the date a LEC notifies the commission of its intent to elect the plan described in this section, existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable.

(3)    The rates for flat-rated local exchange services for residential and single-line business customers on the date of election shall be the maximum rates that the LEC may charge for these local exchange services for a period of two years from the date the election is filed with the commission. During this period, the local exchange company may charge less than the authorized maximum rates for these services. For those small LECs whose prices are below the statewide average local service rate, weighted by number of access lines, the commission shall waive the requirements of this paragraph until the time as the flat-rated local exchange service rate for residential customers equals the statewide average local residential service rate, weighted by the number of access lines, and the flat-rated local exchange service rate for single-line business customers equals two times the statewide average local residential service rate.

(4)    For those companies to which item (3) applies, after the expiration of the period set forth above, the rates for flat-rate local exchange residential and single-line business service provided by a LEC may be adjusted on an annual basis pursuant to an inflation-based index.

(5)    The LECs shall set rates for all other services on a basis that does not unreasonably discriminate between similarly situated customers. All of these rates are subject to a complaint process for abuse of market position. The commission shall resolve any complaint alleging abuse of market position within one hundred eighty days of the date the complaint is filed with the commission. Rates that exceed the total service long run incremental cost of an offering or that satisfy Section 58-9-280(I) do not constitute an 'abuse of market position.' Other rates constitute an 'abuse of market position' if they constitute any anticompetitive pricing action that prohibits a new firm from entering a market or that would cause a firm to exit a market. Additionally, during any given twelve-month period, the aggregate increases in the tariffed rates for other services must not exceed five percent of the aggregate revenues from tariffed other services during the prior twelve-month period.

(6)    A LEC subject to this section shall file tariffs in accordance with Section 58-3-140(F) for its local exchange services that set out the terms and conditions of the services and the rates for these services. The LEC also must provide a copy of the tariffs to the regulatory staff. The tariff shall be presumed valid and become effective seven days after filing for price decreases and fourteen days after filing for price increases and new services.

(7)    Any incumbent LEC operating under an alternative regulatory plan approved by the commission before the effective date of this section must adhere to the plan until the plan expires or is terminated by the commission, whichever is sooner.

(8)    On the date a LEC notifies the commission of its intent to elect the plan described in this section under the criteria established by the provisions of subsection (A)(3), existing rates, terms, and conditions for the services provided by the electing LEC contained in the then-existing tariffs and contracts are considered just and reasonable; however, a LEC's election to be regulated pursuant to the plan described in this section under the criteria established by the provisions of subsection (A)(3) must not be used as the basis for dismissing or not adjudicating a pending complaint relating to the LEC's rates, terms, or conditions."

SECTION    48.    Section 58-9-577 of the 1976 Code, as added by Act 354 of 1996, is amended to read:

"Section 58-9-577.    Notwithstanding Sections 58-9-575 and 58-9-576, any small LEC may elect to have the rates, terms, and conditions of its services determined pursuant to alternative forms of regulation, which may differ among companies and may include, but not be limited to, price regulation, rather than rate of return or other forms of earning regulation. Upon application filed with the commission and served upon the Office of Regulatory Staff, the commission shall approve such alternative regulation or price regulation, which may differ among local exchange companies, upon finding that the plan as proposed:

(1)    protects the affordability of basic local exchange telephone service, as such service is defined by the commission;

(2)    reasonably assures the continuation of basic local exchange telephone service that meets reasonable service standards that the commission may adopt;

(3)    will not unreasonably prejudice any class of telephone customers, including telecommunications companies;

(4)    is not inconsistent with the federal Telecommunications Act of 1996; and

(5)    is otherwise consistent with the public interest.

Upon approval of a price regulation plan, price regulation shall be the sole form of regulation imposed upon the electing local exchange carrier, and the commission shall regulate the electing local exchange carrier's prices rather than its earnings. The small LEC shall file a tariff with the commission for its local exchange services that sets out the terms and conditions of the services and the rates for these services. The small LEC also must provide a copy of the tariffs to the Office of Regulatory Staff. The tariff shall be presumed valid and shall become effective seven days after filing for price decreases and fourteen days after filing for price increases and new services, subject to a complaint process in accordance with guidelines to be adopted by the commission. The commission shall issue an order denying or approving the proposed plan for alternative regulation or price regulation, with or without modification, not more than ninety days from the filing of the application. However, the commission may extend the time period for an additional sixty days, in the discretion of the commission. If the commission approves the application with modifications, the local exchange carrier, subject to such approval, may accept the modifications and implement the proposed plan as modified or may at its option:

(1)    withdraw its application and continue to be regulated under the form of regulation that existed immediately before the filing of the application, or

(2)    file another proposed plan for price regulation."

SECTION    49.    Section 58-9-585 of the 1976 Code, as added by Act 332 of 1994, is amended to read:

"Section 58-9-585.    (A)    Notwithstanding any other provision of this chapter, the commission, on the request of an interexchange telecommunications carrier or on its own motion, may consider, in lieu of the procedures outlined in this chapter, alternative means of regulating that carrier. If the commission first determines, after notice and hearing, that the substantial evidence of record shows that a particular service is competitive in the relevant geographic market, the commission may implement regulatory alternatives including, but not limited to, the provisions outlined in this section.

(B)    If the commission determines that an interexchange telecommunications carrier service is competitive, the commission shall not fix or prescribe the rates, tolls, charges, or rate structures for that service. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives. The commission shall require that the interexchange telecommunications carriers file with the commission and maintain with the Office of Regulatory Staff price lists for competitive telecommunications services.

(C)    The commission is authorized to reclassify a telecommunications service provided by an interexchange carrier as noncompetitive if, after notice and hearing, the substantial evidence of record shows that sufficient competition does not exist for that service.

(D)    For an interexchange telecommunications carrier service found to be noncompetitive, the commission may implement other regulatory alternatives including, but not limited to, price caps.

(E)    Nothing in this section limits the any authority of the commission or the Office of Regulatory Staff with respect to the reporting requirements of interexchange telecommunications carriers to establish standards for the quality of service, resolution of complaints, privacy, and the ordering, installation, restoration, and disconnection of interexchange service.

(F)    For the purposes of this section, the term 'interexchange telecommunications carrier service' is limited to toll services provided by telephone utilities."

SECTION    50.    Article 7, Chapter 9, Title 58 of the 1976 Code is amended to read:

"Article 7

Telephone Companies-Powers of Commission Generally

Section 58-9-710.    Whenever the commission, after hearing had upon its own motion or upon complaint, on reasonable notice, finds that the service of any telephone utility is not reasonably adequate and efficient, the Commission commission shall make its findings and issue an order thereon requiring such telephone utility to provide reasonable, adequate and efficient service.

Section 58-9-720.    The Commission commission may, upon its own motion or upon complaint, ascertain and fix just and reasonable classifications, regulations, practices or service to be furnished, imposed, observed and followed by any or all telephone utilities, prescribe reasonable regulations for the examination and testing of such service and for the measurement thereof, establish or approve reasonable rules, regulations, specifications and standards and provide for the examination and testing of any and all appliances used for the service of any telephone utility.

Section 58-9-730.    The commission may after hearing ascertain and fix the value of the whole or any part of the property of any telephone utility in so far as it is material to the exercise of the jurisdiction of the commission.

Section 58-9-740.    When complaint petition has been made to the Commission commission concerning any rate or charge for service performed by any telephone utility, and the Commission commission has found after hearing and investigation that the telephone utility has charged an unreasonable, excessive or discriminatory amount for such service, the Commission commission may order that the telephone utility make due reparation to the complainant petitioner therefor, with interest from the date of collection, if such reparation will not result in establishing unreasonable discrimination. No order for the payment of reparation upon the ground of unreasonableness shall be made by the Commission commission in any instance wherein the rate or charge in question has been authorized by law. All complaints petitions concerning unreasonable, excessive or discriminatory charges on which reparation orders may be made shall be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues. No assignment of a reparation claim shall be recognized by the Commission commission except assignments by operation of law as in case of death, insanity, bankruptcy, receivership or order of court. The commission must not be a party to any reparation action.

The remedy in this section provided shall be cumulative and in addition to any other remedy in Articles 1 through 13 of this chapter provided in case of failure of a telephone utility to obey an order or decision of the commission.

Section 58-9-750.    If the telephone utility does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover such reparation and upon trial of such suit a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. The suit for enforcement of the order shall be commenced in the court within one year from the date of the order of the commission.

Section 58-9-760.    The commission may make joint investigations, hold joint hearings and issue joint or concurrent orders in conjunction or concurrence with any official board or commission of any state or of the United States, whether, in the holding of such investigations or hearings or in the making of such orders, the Commission shall function under agreements or compacts between states or under the concurrent power of the Federal Government or otherwise. The Office of Regulatory Staff may make joint investigations with any official board or commission of any state or of the United States.

Section 58-9-770.    Whenever it shall appear that any telephone utility is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the Commission commission or is doing anything, or about to do anything, or permitting anything, or about to permit anything, to be done contrary to or in violation of law or of any order of the Commission commission, an action or proceeding shall be prosecuted by the regulatory staff in any court of competent jurisdiction in the name of the Commission Office of Regulatory Staff or the State for the purpose of having such violation or threatened violation discontinued or prevented, either by mandamus, injunction or other appropriate relief and in such action or proceeding it shall be permissible to join such other persons or corporations as parties thereto as may be reasonably necessary to make the order of the court in all respects effective.

Section 58-9-780.    The Commission Office of Regulatory Staff may, on its own motion and whenever it may be necessary appropriate in the performance of its duties, investigate and examine the condition and operation of telephone utilities or any particular telephone utility. In conducting such investigations the Commission may proceed either with or without a hearing as it may deem best.

Section 58-9-790.    The Commission, each commissioner and each person employed by the Commission Office of Regulatory Staff may, after due notice to officers or managers of the company, at any and all times inspect the property, plant and facilities of any telephone utility at any and all times and inspect or audit at reasonable times the accounts, books, papers and documents of any telephone utility. For such purposes the Commission, each commissioner and each person employed by the Commission an officer, employee, or agent of the Office of Regulatory Staff may during all reasonable hours enter upon any premises occupied by or under the control of any telephone utility. The Commission, each commissioner and any employee of the Commission An officer, employee, or agent of the Office of Regulatory Staff authorized to administer oaths may examine under oath any officer, agent or employee of such telephone utility in relation to the business and affairs of such telephone utility, but written record of the testimony or statement so must be given under oath shall be made and filed with the Commission. Any person other than a commissioner demanding the right to perform any act authorized by this section shall produce written authority from the Commission authenticated by its seal.

Section 58-9-800.    In the performance of its duties under Articles 1 through 13 of this chapter, the Commission, any commissioner or any agent or employee of the Commission with written authority from the Commission authenticated by its seal any employee or agent of the Office of Regulatory Staff may inspect or make copies of all income, property or other tax returns, reports or other information filed by telephone utilities with or otherwise obtained by any other department, commission, board or agency of the State state government and all such other departments, commissions, boards or agencies of the State state government shall permit such inspection or the making of such copies.

Section 58-9-810.    The commission may make such rules and regulations not inconsistent with law as may be proper in the exercise of its powers or for the performance of its the duties under set forth in Articles 1 through 13 of this chapter, all of which shall have the force of law.

Section 58-9-820.    In addition to the foregoing expressly enumerated powers, the commission shall enforce, execute, administer and carry out by its order, ruling, or regulation or otherwise all and the Office of Regulatory Staff shall enforce, execute, and administer the provisions of Articles 1 through 13 of this chapter relating to the powers, duties, limitations and restrictions imposed upon telephone utilities by Articles 1 through 13 of this chapter or any other provisions of the law of this State regulating telephone utilities.

Section 58-9-830.    The enumeration of the powers of the Commission commission as herein set forth shall not be construed to exclude the exercise of any power which the Commission commission would otherwise have under the provisions of law.

Section 58-9-840.    Nothing contained in Articles 1 through 13 of this chapter shall be construed to divest the Commission of any power now possessed by it to regulate telephone utilities and the duties and powers hereby devolved upon the Commission are in addition to those now imposed by law."

SECTION    51.    Section 58-9-1010 of the 1976 Code is amended to read:

"Section 58-9-1010.    Any investigation, inquiry or hearing which the commission has power to undertake or hold, except matters pertaining to rate changes, may be undertaken or held by or before any one or more of the commissioners, upon condition, however, that such commissioner or commissioners shall have been authorized by the commission to undertake or hold such investigation, inquiry or hearing. Each investigation, inquiry or hearing before or by any such commissioner or commissioners shall be deemed to be the investigation, inquiry or hearing of the commission. Any determination, ruling or order of a commissioner or commissioners, upon any such investigation, inquiry or hearing undertaken or held by him or them shall not become effective until due notice has been given to the commission and the Office of Regulatory Staff and it has been approved and confirmed by at least a quorum of the commission and ordered to be filed in its office with a copy to the Office of Regulatory Staff and any such determination, ruling or order involving the fixing or regulation of a general schedule of rates shall not become effective until due notice has been given the telephone utility concerned and an opportunity has been given such the utility and the Office of Regulatory Staff to be heard before at least a quorum of the commission, and the determination, ruling, or order has been approved and confirmed by, at least a quorum of the commission. Upon such confirmation and order, such determination, ruling or order shall be the determination, ruling or order of the commission."

SECTION    52.    Section 58-9-1020 of the 1976 Code is amended to read:

"Section 58-9-1020.    In any investigation, inquiry or hearing the Commission commission may employ a special agent or examiner, who may administer oaths, examine witnesses consistent with the Judicial Code of Conduct, and receive evidence in any locality which the Commission commission, having regard to the public convenience and the proper discharge of its functions and duties, may designate. The testimony and evidence so taken or received shall have the same force and effect as if taken or received by the Commission commission or any one or more of the commissioners as provided in Section 58-9-1010. But any hearing involving rates of any telephone utility shall be held before a majority of the full Commission commission."

SECTION    53.    Section 58-9-1030 of the 1976 Code is amended to read:

"Section 58-9-1030.    The Commission and each Each of the commissioners, for the purposes mentioned in Articles 1 through 13 of this chapter, may administer oaths, examine witnesses and certify official acts."

SECTION    54.    Section 58-9-1040 of the 1976 Code is amended to read:

"Section 58-9-1040.    The commission and each commissioner may issue subpoenas, subpoenas duces tecum and all other necessary processes in proceedings pending before it and such these processes shall extend to all parts of the State and may be served by any person authorized by law to serve processes."

SECTION    55.    Section 58-9-1050 of the 1976 Code is amended to read:

"Section 58-9-1050.    No person shall be excused from testifying or from producing any book, document, paper or account in any investigation or inquiry by, or hearing before, the Commission commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, document, paper or account required of him may tend to incriminate him or subject him to penalty or forfeiture. But no person shall be prosecuted, punished or subjected to any forfeiture or penalty for or on account of any act, transaction, matter or thing concerning which he shall have been compelled under oath to testify or produce documentary evidence, except that no person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony."

SECTION    56.    Section 58-9-1060 of the 1976 Code is amended to read:

"Section 58-9-1060.    The Commission, any commissioner Office of Regulatory Staff or any party to any proceedings before theCommission commission may, in any investigation or hearing before the Commission commission, cause the deposition of witnesses residing within or without the State to be taken in the manner prescribed by law for taking depositions in civil actions in the courts of this State."

SECTION    57.    Section 58-9-1070 of the 1976 Code is amended to read:

"Section 58-9-1070.    The commission or Office of Regulatory Staff may require, by order served on any telephone utility in the manner provided in Section 58-9-1100, the production within this State at such time and place as it may designate of any books, accounts, papers or records of the telephone utility relating to its business or affairs within the State, pertinent to any lawful inquiry and kept by the telephone utility in any office or place within or without this State or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the Commission Office of Regulatory Staff or under its direction."

SECTION    58.    Section 58-9-1080 of the 1976 Code is amended to read:

"Section 58-9-1080.    The Commission, on its own motion, Office of Regulatory Staff or any person or corporation having an interest in the subject matter, including any telephone utility concerned, may complain petition in writing to the commission, setting forth any act or thing done or omitted to be done by any telephone utility in violation, or claimed violation, of any law which the commission has jurisdiction to administer or of any order or rule of the commission."

SECTION    59.    Section 58-9-1090 of the 1976 Code is amended to read:

"Section 58-9-1090.    Upon the filing of a complaint petition pursuant to Section 58-9-1080, the commission shall cause a copy thereof to be served upon the person, corporation, or telephone utility complained of."

SECTION    60.    Section 58-9-1100 of the 1976 Code is amended to read:

"Section 58-9-1100.    Service of all complaints pleadings or notices in all hearings, investigations and proceedings pending before the Commission commission, except service of the processes provided for by Section 58-9-1040, may be made personally or by mail as the Commission commission may direct."

SECTION    61.    Section 58-9-1110 of the 1976 Code is amended to read:

"Section 58-9-1110.    The commission may dismiss any complaint petition filed pursuant to Section 58-9-1080 without a hearing if in its opinion a hearing is not necessary in the public interest or for the protection of substantial rights."

SECTION    62.    Section 58-9-1120 of the 1976 Code is amended to read:

"Section 58-9-1120.    The commission may, in addition to the hearings specifically provided for by Articles 1 through 13 of this chapter, conduct such other hearings as may be required in the administration of the powers and duties conferred upon it by Articles 1 through 13 of this chapter and by other laws relating to telephone utilities."

SECTION    63.    Section 58-9-1130 of the 1976 Code is amended to read:

"Section 58-9-1130.    All commission hearings, investigations and proceedings shall be governed by law and by rules of practice and procedure adopted by the commission."

SECTION    64.    Section 58-9-1150 of the 1976 Code is amended to read:

"Section 58-9-1150.    At the time fixed for any hearing before the commission or a commissioner or the time to which such hearing may have been continued, the complainant, the Office of Regulatory Staff, and the person, corporation, or telephone utility complained of shall be entitled in person or by attorney to be heard and to introduce evidence."

SECTION    65.    Section 58-9-1160 of the 1976 Code is amended to read:

"Section 58-9-1160.    After the conclusion of a hearing, the commission shall make and file its findings and order with its opinion, if any. Its findings shall be in sufficient detail to enable a court on review to determine the controverted question presented by the proceeding and whether proper weight was given to the evidence. A copy of such the order, certified under the seal of the commission, shall be served either personally or by registered mail upon the person, corporation or telephone utility against whom it runs, or his or its attorney and the Office of Regulatory Staff, and notice thereof shall be given either personally or by mail to the other parties to the proceedings or their attorneys."

SECTION    66.    Section 58-9-1230 of the 1976 Code is amended to read:

"Section 58-9-1230.    Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary Chief Clerk of the commission under its official seal to be true copies of the original, shall be evidence in like manner as the originals in all matters before the commission and in the courts of this State. The commission by rule may prescribe reasonable charges to be paid for furnishing authenticated copies of such documents and orders. Copies of documents that are not filed with the commission but are deposited with the Office of Regulatory Staff, may be certified by the Executive Director of the Office of Regulatory Staff under its official seal to be true copies of the original and shall be evidence in like manner as the originals in all matters before the commission and in the courts of this State. The Office of Regulatory Staff may prescribe reasonable charges to be paid for furnishing authenticated copies of such documents."

SECTION    67.    Section 58-9-1410 of the 1976 Code is amended to read:

"Section 58-9-1410.    Any party in interest being dissatisfied with an order of the commission may commence an action in the court of common pleas for Richland County against the Commission and other interested parties as defendants in accordance with Section 1-23-380 to vacate or set aside, either in whole or in part, any such order on the ground that the order is unlawful or unreasonable. But no cause of action shall accrue to vacate or set aside, either in whole or in part, any order of the commission except an order on a rehearing, unless a petition to the Commission commission for a rehearing has been filed and refused or deemed refused because of the commission's failure to act thereon within twenty days. For purposes of jurisdiction, the residence of the commission shall be deemed to be in Richland County. The commission must not be named as a party to an action."

SECTION    68.    Section 58-9-1480 of the 1976 Code is amended to read:

"Section 58-9-1480.    All actions and proceedings for review under Articles 1 through 13 of this chapter, and all actions or proceedings to which the Commission Office of Regulatory Staff or the State or any of its governmental agencies may be parties and in which any question arises under Articles 1 through 13 of this chapter or under or concerning any order or decision of the commission thereunder shall be given priority of hearing in all courts over all other civil causes except election cases irrespective of position on the calendar."

SECTION    69.    Section 58-9-1650 of the 1976 Code is amended to read:

"Section 58-9-1650.    Actions to recover penalties under Articles 1 through 13 of this chapter shall be brought in the name of the Office of Regulatory Staff or the State in any court of competent jurisdiction."

SECTION    70.    Section 58-9-2240 of the 1976 Code, as added by Act 112 of 1999, is amended to read:

"Section 58-9-2240.    A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission or the authority of the Office of Regulatory Staff, including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542."

SECTION    71.    Article 21, Chapter 9, Title 58 of the 1976 Code is amended to read:

"Article 21

Telephone Service for Hearing and Speech Impaired Persons

Section 58-9-2510.    As used in this article:

(1)    'Commission' means the Public Service Commission.

(2)    'Deaf person' means an individual who is unable to hear and understand oral communication, with or without the assistance of amplification devices.

(3)    'Dual party relay system' or 'DPR' means a procedure in which a deaf, hearing, or speech impaired TDD user can communicate with an intermediary party, who then orally relays the first party's message or request to a third party, or a procedure in which a party who is not deaf or hearing or speech impaired can communicate with an intermediary party who then relays the message or request to a TDD user.

(3.5)    'Dual sensory impaired person' means an individual who is deaf/blind or has both a permanent hearing impairment and a permanent visual impairment.

(4)    'Hard of hearing person' means an individual who has suffered a permanent hearing loss which is severe enough to necessitate the use of amplification devices to hear oral communication.

(5)    'Hearing impaired person' means a person who is deaf or hard of hearing.

(6)    'Operating fund' means the Dual Party Relay Service Operating Fund which is a specific fund to be created by the commission and established, invested, managed, and maintained for the exclusive purpose of implementing the provisions of this chapter according to commission regulations.

(7)    'Regulatory staff' means the executive director or the executive director and the employees of the Office of Regulatory Staff.

(8)    'Speech impaired person' means an individual who has suffered a loss of oral communication ability which prohibits normal use of a standard telephone handset.

(89)    'Telecommunications device' or 'telecommunications device for the deaf, hearing, or speech impaired' or 'TDD' or 'TTY' means a keyboard mechanism attached to or in place of a standard telephone by some coupling device used to transmit or receive signals through telephone lines.

Section 58-9-2520.    (A)    The commission may establish, regulate, and the Office of Regulatory Staff may administer and promote a statewide program to provide telephone access to persons who are speech or hearing impaired.

(B)    The program may include, but is not limited to:

(1)    a statewide dual party relay service;

(2)    selection by the Office of Regulatory Staff of a service provider to provide a statewide relay system to handle all intrastate TDD calls;

(3)    a distribution system as provided by the Office of Regulatory Staff of TTY's and other related telecommunications devices; and

(4)    prescribing or promulgating procedures, regulations, guidelines, and criteria to establish, implement, administer, regulate, and promote all aspects of the dual party relay service and the distribution of TTY and other related telecommunications devices, and the establishment of a funding mechanism to cover all associated costs of these services and this article where not prohibited by law.

The administration, implementation, and promotion of the dual party relay service and the distribution of TTY and other related telecommunications devices is the responsibility of the Office of Regulatory Staff. The administration of the funding mechanism is the responsibility of the Office of Regulatory Staff.

(C)    The commission and the Office of Regulatory Staff may use assistance from state and federal agencies or from private organizations and industry to accomplish the purposes of this article.

Section 58-9-2530.    (A) The commission may require all local exchange telephone companies operating in this State to impose a monthly charge not to exceed twenty-five cents on all residential and business local exchange access facilities as necessary to fund the establishment and operation of a dual party relay system and a distribution system of TTY's and other related telecommunications devices in this State. The amount of the charge must be determined by the commission based upon the amount of funding necessary to accomplish the purposes of this article and provide dual party telephone relay services on a continuous basis. If assessed, the local exchange companies shall collect the charge from their customers and transfer the monies collected to the operating fund, which must be administered by the Office of Regulatory Staff. The charge collected and remitted by the local exchange companies is not subject to any tax, fee, or assessment, nor may it be considered revenue of the local exchange companies. The commission may provide for the funding of the dual party relay system through contributions from other sources. The fund must be established, invested, and managed for the exclusive purpose of implementing the provisions of this article according to regulations promulgated by the commission.

(B)    Monies in the operating fund must also include appropriations made by the General Assembly for the purpose of this chapter, grants from other governmental or private entities, and contributions or donations received by the commission for the dual party relay service. All monies in the operating fund must be used solely for the administration and operation of a statewide program to provide telecommunications access to persons who are speech and hearing impaired or similarly impaired.

(C)    The users of the relay service must be charged for telephone services, including any authorized commission charge, without additional charges for the use of the relay service. The calling or called party shall bear an expense for making intrastate nonlocal calls considered approved by the commission as being equitable in comparison with non-TDD or DPR service customers.

Section 58-9-2540.    (A)    The commission may appoint an advisory committee to monitor the statewide telecommunications relay access service and advise and make recommendations to the commission in pursuing services which meet the needs of the hearing or speech impaired and others similarly impaired in communicating with other users of telecommunications services.

(B)    The advisory committee consists of nine seven members as follows:

(1)    one representative from the Spartanburg South Carolina School for the Deaf and the Blind;

(2)    one representative from the South Carolina Association of the Deaf, Inc.;

(3)    one representative from the South Carolina Telephone Association;

(4)    two representatives from the commission staff;

(5) one representative from the provider of the dual party relay service;

(65)    one representative from the office of the Consumer Advocate Office of Regulatory Staff;

(76)    one representative from the office of the Division of Information Resource Management, Chief Information Officer, State Budget and Control Board; and

(87)    one hearing-impaired person who is an active member of Self-Help for Hard of Hearing People (SHHH).

The advisory committee must be appointed by the commission upon the recommendations of the applicable agency or organization. The commission shall prescribe regulations which set forth guidelines for the responsibilities, duties, and authority of the committee. Members shall serve at the pleasure of the commission and vacancies must be filled in the manner of the original appointment.

Section 58-9-2550.    The commission Office of Regulatory Staff may establish a distribution system for TTY and other related telecommunications devices. In establishing this program, the commission Office of Regulatory Staff may:

(1)    select an administrator through the State Budget and Control Board procurement process to purchase, store, distribute, and maintain telecommunications devices for persons qualified to receive such equipment. In addition, the administrator must be responsible for providing user training and assistance.; and

(2)    establish qualifications for eligibility for individuals to receive TTY's and other related telecommunications devices under a distribution system of TTY's and other related telecommunications devices. Qualifications shall include certifications as hearing impaired, speech impaired, or dual sensory impaired."

SECTION    72.    Section 58-9-2620(1) and (6) of the 1976 Code, as added by Act 360 of 2002, is amended to read:

"(1)    be subject to the same local, state, and federal regulatory, statutory, and other legal requirements that nongovernment-owned telecommunications service providers are subject to, including regulation and other legal requirements by the Public Service Commission and the Office of Regulatory Staff;

(6)    be required to prepare and publish an independent annual audit in accordance with generally accepted accounting principles that reflects the full cost of providing the service, including all direct and indirect costs. The indirect costs shall include, but are not limited to, amounts for rights-of-way franchise, consent, or administrative fees, regulatory fees, occupation taxes, pole attachment fees, and ad valorem taxes. The annual accounting must reflect any direct or indirect subsidies received by the government-owned telecommunications provider. Records demonstrating compliance with the provisions of this section shall be filed with the Public Service Commission and provided to the Office of Regulatory Staff and be made available for public inspection and copying. The compliance shall be overseen by the Public Service Commission Office of Regulatory Staff pursuant to and not inconsistent with its power and jurisdiction set forth by law including Section 58-3-140."

SECTION 73.    Section 58-11-10(a) of the 1976 Code is amended to read:

"(a)    The term 'Commission commission' means the Public Service Commission of the State of South Carolina."

SECTION    74.    Section 58-11-10 of the 1976 Code is amended by adding at the end:

"(l)    The term 'regulatory staff' means the executive director or the executive director and the employees of the Office of Regulatory Staff."

SECTION    75.    Section 58-11-30 of the 1976 Code is amended to read:

"Section 58-11-30.    Under such rules and regulations as the commission may prescribe, every radio common carrier shall file with the commission and the Office of Regulatory Staff, within such time and in such form as the commission may designate, schedules showing all rates, rules and regulations established by it and collected or enforced, or to be collected or enforced within the jurisdiction of the commission, and the radio common carrier shall keep copies of such schedules open to public inspection upon request at reasonable intervals during business hours under such rules and regulations as the commission may prescribe."

SECTION    76.    Section 58-11-60 of the 1976 Code, as amended by Act 138 of 1983, is further 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 and the Office of Regulatory Staff 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."

SECTION    77.    Section 58-11-70 of the 1976 Code, as amended by Act 138 of 1983, is further amended to read:

"(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 Office of Regulatory Staff and 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 with 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 and the Office of Regulatory Staff, 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."

SECTION    78.    Section 58-11-100(B) of the 1976 Code, as amended by Act 40 of 2005, is further amended to read:

"(B) Notwithstanding the provisions of subsection (A) or another provision of law, neither the commission nor the Office of Regulatory Staff may not impose requirements related to the terms, conditions, rates, or availability of, or otherwise regulate "commercial mobile service" as that term is presently defined in 47 U.S.C.A. Section 332(d)(1) for as long as Section 332 of 47 U.S.C. or similar federal legislation remains in effect."

SECTION    79.    Section 58-11-120 of the 1976 Code is amended to read:

"Section 58-11-120.    Any radio common carrier may establish, construct, maintain and operate any reasonable extension of its facilities within its service area, after due notice of intent to the commission and the Office of Regulatory Staff by letter, without public hearing before the commission, unless otherwise ordered by the commission."

SECTION    80.    Section 58-11-160 of the 1976 Code is amended to read:

"Section 58-11-160.    The Commission Office of Regulatory Staff may, in its discretion, subject to approval of the commission, prescribe systems of accounts to be kept by radio common carriers subject to its jurisdiction, and it may prescribe the manner in which the accounts shall be kept, and may require every radio common carrier to keep its books, papers, and records accurately and faithfully according to the system of accounts as prescribed by the Commission Office of Regulatory Staff; provided, however, that nothing in this section shall be construed to be in conflict with or in violation of the provisions of the Communications Act of Congress of 1934, as amended (U.S.C.A. Title 47, Sections 151 through 609), nor shall they be construed to be in conflict with any lawful order of the Federal Communications Commission issued pursuant to the authority invested in it by such act of Congress."

SECTION    81.    Section 58-11-200 of the 1976 Code is amended to read:

"Section 58-11-200.    The Commission Office of Regulatory Staff may require any radio common carrier to file annual reports in such form and of such content as the Commission Office of Regulatory Staff may require and special reports concerning any matter about which the Commission Office of Regulatory Staff is authorized to inquire or to keep itself informed, or which it is required to enforce. All reports shall be under oath when required by the Commission Office of Regulatory Staff. At the same time a radio common carrier files a report with the Office of Regulatory Staff, it also must provide a copy to the commission."

SECTION    82.    Section 58-11-220 of the 1976 Code is amended to read:

"Section 58-11-220.    Each radio common carrier shall have an office in one of the counties of this State in which its property or some part thereof is located, and shall keep in such office all books, accounts, papers, and records, as shall reasonably be required by the Commission Office of Regulatory Staff to be kept within the State. No books, accounts, papers, or records required by the Commission Office of Regulatory Staff to be kept within the State shall be removed at any time from the State except upon such conditions as may be prescribed by the Commission Office of Regulatory Staff."

SECTION    83.    Section 58-11-230 of the 1976 Code is amended to read:

"Section 58-11-230.    Each radio common carrier shall obey and comply with each and every requirement of every order, decision, direction, rule, or regulation made or prescribed by the commission and every direction, rule, or regulation made or prescribed by the Office of Regulatory Staff in the performance of its their duties under this chapter, or in relation to any other matter in any way relating to or affecting the business of such radio common carrier, and shall do everything necessary or proper in order to secure compliance with and observance of every such order, decision, direction, rule, or regulation by all of its officers, agents, and employees."

SECTION    84.    Section 58-11-240 of the 1976 Code is amended to read:

"Section 58-11-240.    No radio common carrier, except municipalities, shall issue any securities, as in this chapter defined, without the approval of the commission. Any radio common carrier, except a municipality, desiring to issue any securities may apply to the commission for approval of any proposed issue by filing with the commission and providing to the Office of Regulatory Staff an application, together with a statement verified by its president and secretary, or other proper officers, or two of its incorporators, or by its owner, or owners, if it have no such officers, setting forth:

(1)    the amount and character of securities proposed to be issued;

(2)    the purpose for which they are to be issued;

(3)    the consideration for which they are to be issued;

(4)    the description and estimated value of any property, if any, to be acquired through the proposed issue;

(5)    the terms and conditions of their issuance;

(6)    the financial condition of the radio common carrier and its previous operations so far as relevant. The Commission shall thereupon make such investigation as may be necessary, at which investigation the radio common carrier shall be entitled to be heard. The commission, after giving notice and opportunity to be heard to the radio common carrier and the Office of Regulatory Staff, shall determine whether the purpose of the issue is proper, it shall value the property or services, if any, to be acquired by the issue, if any, it shall find and determine the amount of such securities reasonably necessary for the purpose for which they are to be issued, and to the extent that the Commission commission may approve the proposed issue it shall grant to the radio common carrier a certificate of authority stating:

[1]    the amount of such securities reasonably necessary for the purpose for which they are to be issued, and the character of such securities; and

[2]    the value of any property or services, if any, to be acquired thereby.

Such radio common carrier shall not issue any securities in greater amounts than specified in such certificate and shall apply the proceeds of such issue to the purposes specified in its petition. Nothing herein contained shall apply to any issue of securities payable within one year from the date thereof, except in case of issues made to refund such short time obligations, but such short time obligations may be renewed by similar obligations without the approval of the commission for an aggregate of not exceeding two years. Nothing herein contained shall be construed to impose or imply any guaranty or obligation as to such securities on the part of the State of South Carolina, or any agency thereof, nor shall the commission by virtue of the approval of the issuance of such securities be deemed to be required to prescribe or approve any rate for the reason that such rate may be necessary to provide funds reasonably sufficient to retire such securities or the interest thereon."

SECTION    85.    Section 58-11-260 of the 1976 Code is amended to read:

"Section 58-11-260.    If the articles of incorporation of any radio common carrier are revoked by the Secretary of State, the Public Service Commission shall immediately revoke the certificate of authorization granted to such carrier. Whenever such certificate is revoked for any cause, the Office of Regulatory Staff and the appropriate bureau of the Federal Communications Commission shall be promptly notified of such revocation by the Public Service Commission."

SECTION    86.    Section 58-11-410 of the 1976 Code is amended to read:

"Whenever the commission after a hearing, upon its own motion or upon complaint, finds that the existing rates in effect and collected by any radio common carrier for any service are unjust, unreasonable, insufficient or unreasonably discriminatory, or in any way in violation of any provision of law, the commission shall determine the just, reasonable, and sufficient rates to be thereafter observed and in force, and shall fix such rates by its order. In determining just, reasonable, and sufficient rates the commission shall give due consideration to the radio common carrier's property devoted to the public service; the revenues received for the service; the reasonable operating expenses and other costs necessary to provide the service; the total earnings required for the proper discharge of the radio common carrier's public duty; the capitalization of the radio common carrier and the net income required on its net worth; and such other matters, circumstances, and conditions as the commission may find necessary. Provided, that the rates so fixed shall not be higher than necessary to give a fair return to the stockholders."

SECTION    87.    Section 58-11-420 of the 1976 Code is amended to read:

"Section 58-11-420.    Whenever the commission, after hearing upon its own motion or upon complaint, on reasonable notice, finds that the service of any radio common carrier is not reasonably adequate and efficient, the Commission commission shall make its findings and issue an order thereon requiring such radio common carrier to provide reasonably adequate and efficient service."

SECTION    88.    Section 58-11-430 of the 1976 Code is amended to read:

"The commission may, upon its own motion or upon complaint, ascertain and fix just and reasonable classification, regulations, practices, or service to be furnished, imposed, observed, and followed by any or all radio common carriers; prescribe reasonable regulations for the examination and testing of such service and for the measurement thereof; establish or approve reasonable rules, regulations, specifications, and standards,; and provide for the examination and testing of any and all appliances used for the service of any radio common carrier."

SECTION    89.    Section 58-11-450 of the 1976 Code is amended to read:

"Section 58-11-450.    The Commission Office of Regulatory Staff may, on its own motion and whenever it may be necessary in the performance of its duties, investigate and examine the condition and operation of radio common carriers or any particular radio common carrier. In conducting such investigations, the Commission may proceed either with or without a hearing as it may deem appropriate."

SECTION    90.    Section 58-11-460 of the 1976 Code is amended to read:

"Section 58-11-460.    When complaint petition has been made to the commission concerning any rate or charge for service performed by any radio common carrier, and the commission has found after hearing and investigation that the radio common carrier has charged an unreasonable, excessive, or discriminatory amount for such service, the commission may order that the radio common carrier make due reparation to the complainant therefor, with interest from the date of collection; provided, such reparation will not result in establishing unreasonable discrimination and provided, further, that no order for the payment of reparation upon the ground of unreasonableness shall be made by the commission in any instance wherein the rate, or charge in question has been authorized by law, and, provided, further, that no assignment of a reparation claim shall be recognized by the commission except assignments by operation of law as in case of death, insanity, bankruptcy, receivership, or order of Court court. If the radio common carrier does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover such reparation and upon trial of such suit a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. All complaints concerning unreasonable, excessive, or discriminatory charges on which reparation orders may be made shall be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues, and the suit for enforcement of the order shall be commenced in the court within one year from the date of the order of the commission. The remedy provided in this section shall be cumulative and in addition to any other remedy or remedies in this chapter for failure of a radio common carrier to obey an order or decision of the commission. The commission must not be a party to any proceeding."

SECTION    91.    Section 58-11-480 of the 1976 Code is amended to read:

"Section 58-11-480.    Should application be made for a proposed radio common carrier operation or extension thereof into a service area, or portion thereof, of another certified radio common carrier, the applicant shall notify the radio common carrier with copies of all information filed with the commission and provided to the Office of Regulatory Staff within ten days from the date filed with the commission."

SECTION    92.    Section 58-11-490 of the 1976 Code is amended to read:

"Section 58-11-490.    The Commission, each commissioner, or their designees Office of Regulatory Staff at any reasonable time shall have the right to inspect the property, plant, and facilities of any radio common carrier, and to inspect or audit at reasonable times the accounts, books, papers, and documents of any radio common carrier, and for the purposes herein mentioned are authorized to examine under oath any officer, agent, or employee of such radio common carrier in relation to the business and affairs of such radio common carrier, but written record of the testimony or statement so given under oath shall be made and filed with the Commission. Any person other than a commissioner demanding the right to perform any act authorized by this section shall produce written authority from the Commission authenticated by its seal."

SECTION    93.    Section 58-11-500 of the 1976 Code is amended to read:

"Section 58-11-500.    In the performance of its duties under this chapter, the Commission, or its designee with written authority from the Commission Office of Regulatory Staff is hereby authorized to inspect or make copies of all income, property, or other tax returns, reports, or other information filed by radio common carrier with or otherwise obtained by any other department, commission, board, or agency of the State state government."

SECTION    94.    Section 58-11-510 of the 1976 Code is amended to read:

"Section 58-11-510.    The commission shall have authority to make joint investigations, may hold joint hearings, and issue joint or concurrent orders in conjunction or concurrence with any official board or commission of any State state or of the United States, whether in the holding of such investigations or hearings, or in the making of such orders, the Commission shall function under agreements or compacts between States, or under the concurrent power of the Federal Government or otherwise. The Office of Regulatory Staff may make joint investigations with any official board or commission of any state or of the United States."

SECTION    95.    Section 58-11-520 of the 1976 Code is amended to read:

"Section 58-11-520.    Whenever it shall appear that any radio common carrier is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission or the Office of Regulatory Staff, or is doing anything, or about to do anything, or permitting anything, or about to permit anything, to be done contrary to or in violation of law or of any order of the commission, an action or proceeding shall be prosecuted by the Office of Regulatory Staff in any court of competent jurisdiction in the name of the Commission or the State Office of Regulatory Staff for the purpose of having such violation or threatened violation discontinued or prevented, either by mandamus, injunction, or other appropriate relief, and in such action or proceeding it shall be permissible to join such other persons or corporations as parties thereto as may be reasonably necessary to make the order of the Court court in all respects effective."

SECTION    96.    Section 58-11-530 of the 1976 Code is amended to read:

"Section 58-11-530.    Any investigation, inquiry, or hearing which the commission has power to undertake or hold may be undertaken or held by or before any one or more of the commissioners, upon condition, however, that such the commissioner or commissioners shall have been authorized by the commission to undertake or hold such investigation, inquiry, or the hearing. Any determination, ruling, or order of a commissioner or commissioners, upon any such investigation, inquiry or hearing, shall not become effective until due notice has been given to the commission and the Office of Regulatory Staff and has been approved and confirmed by at least a quorum of the commission and ordered to be filed in its office; provided, that any such determination involving the fixing or regulation of general schedule of rates shall not become effective until due notice has been given the radio common carrier concerned and an opportunity has been given such carrier to be heard before, and the same has been approved and confirmed by, at least a quorum of the commission. Upon such confirmation and order, such determination, ruling, or order shall be the determination, ruling, or order of the commission. In any investigation, inquiry, or hearing now pending or which may hereafter be instituted, the commission is hereby authorized to employ a special agent or examiner hearing officer who shall have power to administer oaths, examine witnesses, and receive evidence in any locality which the commission, having regard to the public convenience and the proper discharge of its functions and duties, may designate. The testimony and evidence so taken or received shall have the same force and effect as if taken or received by the commission, or any one or more of the commissioners as above provided."

SECTION    97.    Section 58-11-580 of the 1976 Code is amended to read:

"Section 58-11-580.    The enumeration of the powers of the commission and the Office of Regulatory Staff as herein set forth shall not be construed to exclude the exercise of any power which the commission and the Office of Regulatory Staff would otherwise have under the provisions of law."

SECTION    98.    The last paragraph of Section 58-11-600 of the 1976 Code is amended to read:

"All cost-shared systems shall annually report to the Public Service Commission and the Office of Regulatory Staff a record of all compensation received from or charged to users of the system."

SECTION    99.    Section 58-13-430 of the 1976 Code is amended to read:

"Section 58-13-430.    All common carriers doing business in this State shall settle their freight charges according to the rate stipulated in the bill of lading if the rate therein stipulated be in conformity with the classifications and rates made and filed with the Interstate Commerce Commission, in case of shipments from without this State, and with those of the Public Service Commission and the Office of Regulatory Staff, in case of shipments wholly within this State, by which classifications and rates all consignees shall in all cases be entitled to settle freight charges with such carriers."

SECTION    100.    Section 58-15-940 of the 1976 Code, as amended by Act 331 of 1982, is further amended to read:

"Section 58-15-940.    The fiscal year for which reports shall be made by railroad companies in the State to the Public Service Commission Office of Regulatory Staff and to other officers of the State shall terminate on the thirty-first day of December, so as to conform to the calendar year and to the fiscal year as fixed by the Interstate Commerce Commission of the United States."

SECTION    101.    Section 58-15-950 of the 1976 Code, as amended by Act 331 of 1982, is further amended to read:

"Section 58-15-950.    All reports required by law to be made by railroad companies to the Public Service Commission Office of Regulatory Staff or to other officers of the State at specified times and based upon the operations of such railroad companies for the fiscal year preceding such reports shall be made after the thirty-first day of December of every year."

SECTION    102.    Section 58-15-960 of the of the 1976 Code is amended to read:

"Section 58-15-960.    All annual reports required to be filed with the Public Service Commission Office of Regulatory Staff by railroads doing business in this State shall be filed with the Commission Office of Regulatory Staff within three months after the close of the year for which the report is made. But the Commission Office of Regulatory may, upon sufficient cause being shown, extend the time for the filing of such reports for a period not exceeding ninety days."

SECTION    103.    Section 58-15-1140 of the 1976 Code is amended to read:

"Section 58-15-1140.    Each act done in violation of such Act to Regulate Commerce, its amendments or orders of said Commission, and each separate failure to obey the same or discrimination, preference, or overcharge to each separate person shall constitute, both as to the railroad company offending or such officers, agents, or employees, separate offenses hereunder and render the corporation or person offending liable to successive indictments and punishment therefor."

SECTION    104.    Section 58-15-1520 of the of the 1976 Code is amended to read:

"Section 58-15-1520.    The commission upon complaint shall investigate petition may request the Office of Regulatory Staff to investigate crossings and may require that any necessary crossing be made either above or below grade, so as to avoid, as far as possible, any grade crossings."

SECTION    105.    Section 58-15-1700 of the 1976 Code is amended to read:

"Section 58-15-1700.    Whenever any railroad company shall be required by an order of a department or subdivision to provide a grade separation structure, as specified herein, and shall be of the opinion that such grade separation is not a public necessity, it may within ten days after receipt of such order, appeal to the Public Service Commission and the commission within twenty days thereafter shall hold a public hearing and determine the public necessity for such grade separation. From any order of the Commission commission in the premises either party shall have the right to appeal to the courts, as provided by statute in matters within the jurisdiction of the commission. The commission shall not be a party to an appeal. But The provisions of this section shall not apply to orders of the State Highway Commission."

SECTION    106.    Section 58-15-1710 of the 1976 Code is amended to read:

"Section 58-15-1710.    Any railroad company may appeal to the courts from any order or finding of any department or subdivision hereunder, such the appeal to be taken in the manner provided by statute for an appeal from an order of the Public Service Commission. The commission shall not be a party to any appeal."

SECTION    107.    Section 58-17-110 of the 1976 Code is amended to read:

"Section 58-17-110.    If any railroad company shall neglect or refuse neglects or refuses to comply with the provisions of the General Railroad Law or with the rules and regulations prescribed by the commission within the limits of its authority, such the company shall be is subject to a writ of mandamus, to be issued by any justice of the Supreme Court or circuit court judge, upon application of the Commission Office of Regulatory Staff, to require compliance with such the laws or such the rules and regulations and failure to comply with such the writ of mandamus shall be punishable as for contempt. And for any wilful violation of any such laws or failure to comply with the requirements of such the rules or regulations the court may award such costs and counsel fees, on the return of such the writ and after due deliberation thereon, as may be just."

SECTION    108.    Section 58-17-140 of the 1976 Code is amended to read:

"Section 58-17-140.    The Commission Office of Regulatory Staff shall make an annual report to the General Assembly of its official acts, including such statements, facts, and explanations as will disclose the actual working of the system of railroad transportation in its bearing upon the business and prosperity of the State, and such suggestions as to the general railroad policy of the State or any part thereof or as to the condition, affairs, or conduct of any of the railroad corporations as may seem to it appropriate, with a special report of all accidents, and the causes thereof, for the preceding year. It shall also recommend such legislation as in its judgment may be necessary to secure just and reasonable rates for the transportation of passengers and freights and for the prevention of unjust discrimination. The annual report shall must be transmitted to the Governor President of the Senate and the Speaker of the House of Representatives on or before the second Monday in November in each year, to be laid before the General Assembly."

SECTION    109.    Section 58-17-150 of the 1976 Code is amended to read:

"Section 58-17-150.    (A)    Whenever, in the judgment of the Commission Office of Regulatory Staff, it shall appear that repairs are necessary upon any such railroad or that any addition to the rolling stock or any enlargement of, or improvement in, the stations or station houses, any modification in the rates of fare for transporting freight or passengers or any change in the mode of operating the road and conducting its business is reasonable and expedient in order to promote the security, convenience, and accommodation of the public, the Commission Office of Regulatory Staff shall give information in writing to the corporation of the repairs, additions, improvements, or changes which it adjudges to be proper. If the company shall fail, within sixty days, to adopt the suggestions of the Commission Office of Regulatory Staff, it shall take legal proceedings as it may deem expedient and may call upon the Attorney General to institute and conduct such proceedings. The power herein conferred upon the Commission Office of Regulatory Staff shall be sufficient to require of common carriers the establishment and maintenance of terminal facilities, the extension of pass tracks, sidetracks, and other than industrial tracks and all other improvements and changes which seem reasonable and expedient to the Commission Office of Regulatory Staff.

(B)    Any railroad subject to the jurisdiction of the commission may retire any team track within this State upon showing that the track has not been used for at least two years. Before any track is retired for nonuse, the railroad shall give thirty days' written notice to the commission and to the Office of Regulatory Staff . The notice must be accompanied by a fee of fifty dollars and an affidavit of the railroad's agent or employee having personal knowledge of the fact that the track has not been used by the public during the two-year period immediately preceding the retirement date of the track."

SECTION    110.    Section 58-17-170 of the 1976 Code is amended read:

"Section 58-17-170.    The Commission Office of Regulatory Staff shall have the general supervision of all railroads and railways in this State operated by steam and shall must examine them and keep informed as to their condition and the manner in which they are operated, with reference to the security and accommodation of the public and the compliance of the several corporations with the provisions of their charters and the laws of the State and the Commission. The Office of Regulatory Staff shall enforce the provisions of this chapter."

SECTION    111.    Section 58-17-180 of the 1976 Code is amended to read:

"Section 58-17-180.    Whenever in the judgment of the Commission Office of Regulatory Staff it shall appear that any such corporation has violated any law or neglected, in any respect or particular, to comply with the terms of its charter or with the provisions of any of the laws of the State, especially in regard to connections with other railroads, its rates of toll, or its time schedule, the Commission Office of Regulatory Staff shall give notice thereof in writing to such corporation and if the violation or neglect is continued after such notice the Commission Office of Regulatory Staff shall make application to a circuit court or a judge thereof in vacation for an injunction to restrain the company complained of from further continuing to violate the law or the terms of its charter or for a writ of mandamus as provided in Section 58-17-110."

SECTION    112.    Section 58-17-190 of the 1976 Code is amended to read:

"Section 58-17-190.    Upon the complaint and application petition of the mayor and aldermen or council of any city or town or the governing body of any county within which any part of any such railroad is located, the commission shall request the Office of Regulatory Staff to make an examination of the condition and operation thereof. Before proceeding to make such the examination in accordance with such application, the Commission Office of Regulatory Staff shall give to the applicant petitioner and the railroad corporation reasonable notice, in writing, of the time and place of entering upon it."

SECTION    113.    Section 58-17-200 of the 1976 Code is amended to read:

"Section 58-17-200.    If, upon such examination, it shall appear to the Commission Office of Regulatory Staff that the complaint matter alleged by the applicant petitioner is well founded, it shall so adjudge and shall must inform the corporation operating such the railroad of its adjudication in the manner provided in Section 58-17-180. If the company fails for sixty days after such notice to remove the cause of such complaint the petition, the Commission Office of Regulatory Staff shall make a report thereof to the General Assembly for such any action as it may deem consider expedient or, if there be necessity for prompt action, it may take such any legal proceedings as may be proper and the Attorney General Office of Regulatory Staff shall institute and conduct such the proceedings."

SECTION    114.    Section 58-17-320 of the 1976 Code is amended to read:

"Section 58-17-320.    Should any such person mentioned in Section 58-17-310 fail to reorganize such company as provided by said section, within the time therein limited, such person shall pay a penalty of fifty dollars per day for each and every day they shall fail to operate such railroad, this penalty to be collected by the Public Service Commission Office of Regulatory Staff. But the penalty herein provided shall not attach when reasonable cause for failure to operate can be shown.

Any person shall, in addition to the penalty above provided, forfeit all of his franchises, powers, and privileges."

SECTION    115.    Section 58-17-930 of the 1976 Code is amended to read:

"Section 58-17-930.    The Commission Office of Regulatory Staff shall have, at all times, access to the list of stockholders of every corporation operating a railroad and may, in its discretion, at any time, cause the list to be copied, in whole or in part, for its own information or for the information of persons owning stock in such corporation."

SECTION    116.    Section 58-17-940 of the 1976 Code is amended to read:

"Section 58-17-940.    On the application in writing of a director or of any person or persons owning one-fiftieth part of the entire paid-in capital stock of any corporation operating a railroad or the bonds or other evidences of indebtedness of such the corporation equal in amount to one-fiftieth part of its paid-in capital stock, the Commission shall Office of Regulatory Staff must make an examination into the books of such the corporation."

SECTION    117.    Section 58-17-1320 of the 1976 Code is amended to read:

"Section 58-17-1320.    No A railroad shall not be constructed to cross another railroad at the same level therewith or across navigable or tidewaters without the consent, in writing, of the Public Service Commission Office of Regulatory Staff, nor except in such the manner as it shall prescribe the Office of Regulatory Staff prescribes. It shall be is unlawful for any corporation proceeding to construct a branch or extension or otherwise to take any proceedings contemplating a new crossing of one railroad with another, at the same level therewith, unless such the crossing shall first have has been approved, in advance and in writing, by the Commission and the preliminary Office of Regulatory Staff. Preliminary approval of any crossing plan for such crossing shall always be made is subject to revision by the Commission Office of Regulatory Staff. The court of common pleas shall have full equity jurisdiction of the provisions of this section."

SECTION    118.    Article 13, Chapter 17, Title 58 of the 1976 Code is amended to read:

"Section 58-17-1610.    Each railroad company chartered by this State shall be is required to file in the office of the Public Service Commission the Office of Regulatory Staff, on or before the thirty-first day of March in each year, a full and detailed schedule and report of the condition and operations of the road for the current year ending on the thirty-first day of December then immediately preceding. Such The schedule and report shall must be made in accordance with the following rules and form:

(1)    All liabilities, including interest accrued on funded debt, shall must be entered upon the books in the month when they were incurred, without reference to the date of payment;.

(2)    Expenses shall must be charged each month with such supplies, materials and similar articles as have been used during that month, without reference to the time when they were purchased or paid for;.

(3)    No expenditure shall must be charged to property accounts except it be for actual interest during construction, equipment or other property, unless it is made on old work in such a way as clearly to increase the value of the property over and above the cost of renewing the old work and in such cases only the amount of increased cost shall must be charged, and the amount allowed on account of the old work shall must be stated;.

(4)    Mileage of passenger and freight trains shall must include only the miles shown to be run by distances between stations and allowances made to passenger or freight trains for switching and all mileage of switch engines, computed on a basis of eight miles per hour for the time of actual service, shall must be stated separately;.

(5)    Season ticket passengers shall must be computed on the basis of twelve passengers per week for the time of each ticket; and.

(6)    Local traffic shall must include all passengers carried on local tickets and all freight carried at local tariff or special local rates and all other traffic shall must be considered through.

These rules shall be are subject to such any changes thereof as may be made upon petition by the Office of Regulatory Staff by the Public Service Commission under the authority conferred on it by Section 58-17-1900.

Section 58-17-1620.    The Commission shall Office of Regulatory Staff must require the annual reports to be made by railroad companies in manner and form and at the time provided for herein and may require reports to be made of such other matters as it may deem expedient. It The Office of Regulatory Staff may, from time to time, make such changes as it may deem considers proper in the form of report herein prescribed, giving the corporations one year's notice of any such changes or additions as that require any alterations in the method or form of keeping their accounts. And the Commission The Office of Regulatory Staff shall, on or before the first day of June in each year, furnish to the several railroads blank forms of such any reports. When the report received from any corporation is defective or probably erroneous, the Commission shall Office of Regulatory Staff must notify the corporation to amend it within fifteen days. The originals of the report or reports, as amended, subscribed and sworn to by the officers of the corporation, shall must be preserved in the office of the Commission Office of Regulatory Staff. The Commission shall Office of Regulatory Staff must prepare such tables and abstracts of all the returns it shall deem considers expedient.

Section 58-17-1630.    Every railroad company owning or operating a line of railroad situated in whole or in part within the limits of this State shall must deposit with the commissioners Office of Regulatory Staff a list containing the names and residences of the president and board of directors of the railroad company owning or operating such the line of railroad.

Section 58-17-1640.    Every railroad corporation shall must at all times, on request, furnish the Commission Office of Regulatory Staff any information required by it concerning the condition, management, and operation of its railroad and particularly with copies of time tables and the rates of transporting freight and passengers upon its road and other roads with which its business is connected.

Section 58-17-1650.    The Commission Office of Regulatory Staff may make and propound to any of the railroad companies of this State any interrogatories additional to those contained in the schedule and report herein provided for, which shall must be answered by such the companies in the same manner.

Section 58-17-1660.    The Commission Office of Regulatory Staff shall must, when necessary, investigate so much of the books and papers of the railroad companies doing business in this State as it may think proper, ascertain if the rules and regulations of the commission have been complied with, and make personal visitations of railroad offices, stations, and other places of business for the purpose of examination and. The Public Service Commission must make rules and regulations concerning such the examinations, which rules and regulations shall must be observed and obeyed as other rules and regulations of the commission.

Section 58-17-1670.    The Commission Office of Regulatory Staff may examine all agents and employees of such railroad companies and other persons under oath and otherwise, in order to procure the necessary information to make just and reasonable rates of freight and passenger tariffs, and to ascertain if such rules and regulations are observed or violated and to make propose to the commission necessary and proper rules and regulations concerning such the examinations. Such The rules and regulations herein provided for shall must be obeyed and enforced as all other rules and regulations provided for in this chapter.

Section 58-17-1680.    The Commission Office of Regulatory Staff, in making any an examination for the purpose of obtaining information pursuant to this chapter, may issue may obtain from the commission subpoenas for the attendance of witnesses pursuant to such rules as it the commission may prescribe and such the witnesses shall must receive from the State Treasury for such attendance one dollar per day and five cents per mile traveled by the nearest practical route in going to and returning from the place of meeting of the Commission Office of Regulatory Staff, to be ordered paid by the Comptroller General upon presentation of subpoenas by the witnesses as to the number of days served and miles traveled sworn to before the clerk of the Commission Office of Regulatory Staff. In case any person shall wilfully fail or refuse wilfully fails or refuses to obey any such a subpoena, any circuit judge of the court of common pleas and general sessions of any county, upon application of the Commission, shall Office of Regulatory Staff, must issue an attachment for such the witness and compel him to attend before the Commission and give his testimony upon such matters as shall be lawfully required by the Commission Office of Regulatory Staff. And such A circuit judge may punish for contempt as in other cases of refusal to obey the process or order of the court.

Section 58-17-1690.    Every officer, agent, or employee of any railroad company who shall wilfully neglect or refuse wilfully neglects or refuses to make and furnish any report required by the commission as necessary to the purposes of this chapter or who shall wilfully and unlawfully hinder, delay or obstruct the Commission wilfully hinders, delays, or obstructs the commission in the discharge of the duties imposed upon it shall forfeit and pay a sum of not less than one hundred dollars nor more than one thousand dollars for each offense, to be recovered in any action in the name of the State as provided in Section 58-17-3940."

SECTION    119.    Section 58-17-1850 of the 1976 Code is amended to read:

"Section 58-17-1850.    The commission shall must make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of just and reasonable rates of charges for transportation of passengers and freight cars on each of such the railroads and such. When a lawsuit involves a railroad corporation's charges for the transportation of passengers, freight, or cars or unjust discrimination in relation to these charges, the schedule shall, in suits brought against any such railroad corporation wherein is involved the charges of any such railroad corporation for the transportation of any passenger or freight or cars, or unjust discrimination in relation thereto, be deemed and taken considered in all of the courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers, freights, and cars upon such the railroad when such the schedules have been prepared and published as aforesaid for all the railroad companies organized under the laws of this State as provided in this section. The commission must not be a party to any lawsuit."

SECTION    120.    Section 58-17-1900 of the 1976 Code is amended to read:

"Section 58-17-1900.    All contracts and agreements between railroad companies doing business in this State as to rates of freight and passenger tariffs shall must be submitted to the Commission Office of Regulatory Staff for inspection and correction, that it may be seen whether or not they are in violation of the law, of the provisions of the Constitution or of the rules and regulations of the commission, and all arrangements and agreements whatever as to the division of earnings of any kind by competing railroad companies doing business in this State shall be submitted to the Commission Office of Regulatory Staff for inspection and approval, in so far as they affect rules and regulations made by the commission to secure to all persons doing business with such companies just and reasonable rates of freight and passenger tariffs and so far as they are affected by any of the provisions contained in this chapter for securing to all persons just, equal and reasonable facilities for the transportation of freight and passengers. The commission may make such rules and regulations as to such contracts and agreements as may be then deemed considered necessary and proper. Any such agreements not approved by the commission or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers shall be violations of this chapter and shall be illegal are unlawful and void."

SECTION    121.    Section 58-17-1910 of the 1976 Code is amended to read:

"Section 58-17-1910.    If any such contract, agreement, or arrangement shall is, in the opinion of the Commission Office of Regulatory Staff, in any way be in violation of any of the provisions of this chapter, the Commission shall forthwith Office of Regulatory Staff must notify the railroad companies in writing of its objections thereto, specifying such its objections. If, within five days after receipt of the notice, the railroad companies shall fail or neglect, within five days after receipt of such notice, to amend and alter such the contract, agreement, or arrangement in a manner satisfactory to the Commission Office of Regulatory Staff, the Commission shall thereupon call upon the Attorney General to Office of Regulatory Staff must institute and conduct such any legal proceedings as may be necessary to enforce the penalties prescribed in this chapter for such violations of its provisions."

SECTION    122.    Section 58-17-2000 of the 1976 Code is amended to read:

"Section 58-17-2000.    It shall be is unlawful for any such railroad to charge or receive any greater compensation for carrying, receiving, storing, forwarding, or handling articles of the same character and description for a shorter than a longer distance in one continuous carriage; provided, that:

(1)    Nothing in the General Railroad Law contained shall be construed so as to require any corporation or combination of corporations to regulate their charges for shorter distances by their proportion of through rates between terminal or junctional competitive points;.

(2)    If one corporation should use, operate uses, operates, or otherwise control controls, wholly or in part, several lines or divisions of theretofore independent railroads within the State, the Public Service Commission may in its discretion, jointly with such corporations, fix different rates of toll or compensation for freight traffic on each of such previously independent lines or divisions; and.

(3)    The commission, jointly with the railroad companies, may make special rates for the purpose of developing all manufacturing, mining, milling, and internal improvements in this State."

SECTION    123.    Section 58-17-2030 of the 1976 Code is amended to read:

"Section 58-17-2030.    All the provisions of this Title title prescribing the procedure of the commission in fixing freight and passenger tariffs, hearing complaints petitions of carriers and shippers, and altering and amending such tariffs shall apply to the subject of fixing and amending rates and charges for storage."

SECTION    124.    Section 58-17-2090 of the 1976 Code is amended to read:

"Section 58-17-2090.    When any common carrier shall charge charges more than the legal rate of transportation applying to any goods, commodities, livestock, or any other kind of property, as shown by any rates fixed by law or by the tariffs filed with the Office of Regulatory Staff and approved by the Public Service Commission or, in the case of interstate transportation, by the Interstate Commerce Commission, as required by law, the consignee or owner and holder of a bill of lading, or the owner of such any property transported, who may have paid such the illegal charge shall have has the right to recover in any court of competent jurisdiction any such the amount as may have been paid in excess of the legal rate applying to such the property and such the person shall not be defeated of a recovery on account of the fact that such the payment may have been made voluntarily. But no actions an action shall not be maintained hereunder until after thirty days from demand upon such the common carrier for the repayment of such the excess charges."

SECTION    125.    Section 58-17-2350 of the 1976 Code of the 1976 Code is amended to read:

"Section 58-17-2350.    All railroad track and platform scales which are used in connection with shipping are hereby placed under the jurisdiction of the Public Service Commission Office of Regulatory Staff for inspection and it may require the installation or replacement of scales when needed. A failure or refusal to carry out the instructions of the Commission Office of Regulatory Staff in reference to such the scales shall be punished by a penalty of two hundred dollars for each refusal to be recovered by suit in any court of competent jurisdiction by any person aggrieved. Any sum so recovered shall must be turned into the State Treasury for general use."

SECTION    126.    Section 58-17-2680 of the 1976 Code is amended to read:

"Section 58-17-2680.    In building such connecting line the right is granted, under the supervision of the Commission Office of Regulatory Staff, to run across or along any existing track at grade."

SECTION    127.    Section 58-17-3030 of the 1976 Code is amended to read:

"Section 58-17-3030.    The Public Service Commission shall Office of Regulatory Staff must, from time to time, examine into the schedules of all the railroads in this State for the carriage of passengers, with a view to ascertaining if such the roads can reasonably make close connection with intersecting roads and wherever, in its opinion, such close connection can be made without injustice or material injury to any such road it shall make the appropriate orders to require such connection. And, the better to better secure connections, upon petition of the Office of Regulatory Staff, the commission may require all persons operating railroads, except such as may be those in the hands of receivers, to run at least one unmixed daily passenger train each way over such the railroad and may likewise require such those persons to furnish to the traveling public facilities for passage over such the railroads twice each way daily. From any such order of the Commission any A road may appeal an order of the commission as in cases of appeals from inferior courts."

SECTION    128.    Section 58-17-3080 of the 1976 Code is amended to read:

"Section 58-17-3080.    Every railroad company owning or operating a railroad in this State shall erect and keep at every office where tickets are sold for travel over its road two good rooms or apartments of reasonable size for the amount of travel at such office, which shall must be furnished with comfortable seats for the accommodation of passengers. Such The rooms shall must be in charge of an employee of such the company and kept open at such hours as to accommodate passengers traveling over such the road on any of its passenger trains. The Commission shall Office of Regulatory Staff must enforce the provisions of this section."

SECTION    129.    Section 58-17-3090 of the 1976 Code is amended to read:

"Section 58-17-3090.    The Public Service Commission may require all railroads at junctional points, and at such other points as the travel and public interest in its judgment shall justify in this State, to erect union or other depots for the convenience and accommodation of the public and if any railroad company shall refuse or fail refuses or fails so to do, when required by the commission within the time specified by the commission, it shall forfeit and pay a sum of not less than fifty dollars per day after the expiration of time as set forth in the order or circular of the Commission commission, to be recovered in an action in any county in this State in which such violation has occurred in the name of the State. The Commission Office of Regulatory Staff shall institute such action through the Attorney General or any of the solicitors of the State any action."

SECTION    130.    Section 58-17-3120 of the 1976 Code is amended to read:

"Section 58-17-3120.    All railroad companies operating passenger trains or coaches by steam, within or through this State, shall must put cinder deflectors or wire screens that will effectually keep cinders from engines from entering cars upon all windows of passenger coaches, so as to protect passengers when the windows are raised. Such The deflectors shall must extend from the bottom of windows the entire length and three inches above the top of the sash and shall must be six inches wide and permanently fastened to each outside edge of each window. Any railroad company refusing or neglecting to comply with the provisions of this section shall be is subject to a penalty of not less than five hundred dollars nor more than one thousand dollars for each coach not screened as required by this section, to be recovered by the Attorney General or any solicitor Office of Regulatory Staff at the request of any person aggrieved by such refusal or neglect, for the benefit of the State. The Public Service Commission shall see that Office of Regulatory Staff must enforce this section is enforced."

SECTION    131.    Section 58-17-3310 of the 1976 Code is amended to read:

"Section 58-17-3310.    No A railroad or branch or extension of a railroad shall hereafter must not be opened for public use until the Public Service Commission Office of Regulatory Staff, after an examination, shall certify certifies that all laws relating to the construction thereof have been complied with and that the road appears to be in a safe condition for operation, unless the Commission shall Office of Regulatory Staff, after ten days' written notice to it by the railroad company of such proposed opening, fail fails to make such an examination."

SECTION    132.    Section 58-17-3350 of the 1976 Code is amended to read:

"Section 58-17-3350.    Every railroad corporation shall must equip each of its trains, for use in case of accident, with such tools and appliances as the Public Service Commission Office of Regulatory Staff may direct."

SECTION    133.    Section 58-17-3360 of the 1976 Code is amended to read:

"Section 58-17-3360.    All railroad carriers shall must equip trainmen in their employ engaged in switching and train movements in intrastate commerce in this State with electric hand lanterns, of a type approved by the Public Service Commission Office of Regulatory Staff, containing at least one extra bulb capable of being immediately lighted in case of failure of the main bulb. The use by any railroad carrier of oil lanterns in connection with such movements is hereby prohibited. Any railroad carrier violating any of the provisions of this section shall must be punished by a fine not less than twenty-five dollars nor more than one hundred dollars and each day during which any flagrant violation shall continue shall constitute continues constitutes a separate offense."

SECTION    134.    Section 58-17-3410 of the 1976 Code is amended to read:

"Section 58-17-3410.    All railway companies having railroad shops in this State at division points, where cars are regularly taken out of trains for repairs or construction work or where other railroad equipment is regularly made, repaired, or constructed, shall must furnish or construct a building or shed in such the shops or yards, with a suitable and sufficient roof over the repair and construction track or tracks so as to provide that all men or employees employed in the construction and repair of locomotives, cars, trucks, or other railroad equipment, excepting except when slight or minor repairs or repairs are done in an emergency, shall must be under shelter and protected during snow, rain, sleet, hot sunshine, and other inclement weather. The Public Service Commission Office of Regulatory Staff may direct the points at which sheds shall be erected and the character of the sheds after a hearing before the Public Service Commission of which public notice shall have has been given. Any railroad found guilty of violating the provisions of this section shall be is subject to a fine of fifty dollars per day for every day of such the violation."

SECTION    135.    Section 58-17-3440 of the 1976 Code is amended to read:

"Section 58-17-3440.    Every railroad corporation shall must cause immediate notice of each accident, in such cases of accident occurring on its road attended with injury to any person as the Public Service Commission may, by rules and regulations adopted by it, require, to be given to a physician most accessible to the place of accident, the Office of Regulatory Staff, and to the commission by telegraph, telephone, or such other means as may be the quickest under the circumstances at the same time that notice is given officials of the road on which the accident occurred. Any such A railroad corporation shall also give notice in like manner of any accident falling within any description of accidents of which the commission may by general regulation require notice to be given. For each omission to give any such notice, any such a corporation shall forfeit a sum not exceeding five hundred dollars."

SECTION    136.    Section 58-17-3450 of the 1976 Code is amended to read:

"Section 58-17-3450.    The Commission Office of Regulatory Staff shall investigate the cause of any accident on a railroad resulting in loss of life and of any accident not so resulting which, in its judgment, shall require requires investigation."

SECTION    137.    Section 58-17-3460 of the 1976 Code is amended to read:

"Section 58-17-3460.    Every railroad corporation shall must furnish immediate transportation for the Commission Office of Regulatory Staff over its line to the place of accident occurring on its road and attended with any injury to any person of which it is required to give notice under the provisions of Section 58-17-3440, free of expense to the Commission Office of Regulatory Staff and, if the Commission Office of Regulatory Staff uses another railroad to reach the place of accident, the corporation on whose line the accident occurred shall must pay the expense of transportation thereon."

SECTION    138.    Section 58-17-3930 of the 1976 Code is amended to read:

"Section 58-17-3930.    Any railroad in this State refusing to obey any order of the Public Service Commission made under this chapter shall must forfeit not less than the sum of five hundred dollars nor more than two thousand dollars, to be recovered by the suit of the Commission Office of Regulatory Staff in a suit in the court of common pleas. Such Any sum, if recovered, shall must go to the general fund of this State."

SECTION    139.    Section 58-17-3940 of the 1976 Code is amended to read:

"Section 58-17-3940.    If any railroad company doing business in this State, by its agents or employees, shall be is guilty of a violation of the rules and regulations provided and prescribed by the commission and if, after due notice of such a violation given by the Office of Regulatory Staff to the principal officer thereof, ample and full recompense for the wrong or injury done thereby to any person as may be directed by the Commission Office of Regulatory Staff, shall is not be made within thirty days from the time of such the notice, such the company shall incur a penalty for each offense of not less than one thousand dollars nor more than five thousand dollars, to be fixed by the presiding judge. An action for recovery of such any penalty shall lie in any county in the State in which such the violation has occurred or such the wrong has been perpetrated and shall be in the name of the State. The Commission shall Office of Regulatory Staff must institute such any action through the Attorney General or any of the solicitors of this State."

SECTION    140.    Section 58-17-3980 of the 1976 Code is amended to read:

"Section 58-17-3980.    If any person shall do, suffer or permit to be done commits or allows to be committed any act, matter, or thing in this chapter declared to be unlawful, shall omit omits to do any act, matter, or thing in this chapter required to be done, or shall be is guilty of any violation of any of the provisions of this chapter, such that person shall must, when no specific penalty is herein provided for such the violation, forfeit and pay to the person who may sustain damage thereby a sum equal to three times the amount of the damages so sustained, to be recovered by the person so damaged by suit in the circuit court of any county in this State in which the person causing such the damage can be found or may have an agent, office, or place of business. But in any such the case of recovery, the damage shall not be assessed at a less sum than two hundred and fifty dollars. And the person so offending shall, for each offense, forfeit and pay a penalty of not less than one thousand dollars, to be recovered by the State by action in any such circuit court to be brought by the Attorney General Office of Regulatory Staff upon the request of the Public Service Commission."

SECTION    141.    Section 58-17-4140 of the 1976 Code is amended to read:

"Section 58-17-4140.    All fines or forfeitures provided for or prescribed in the General Railroad Law shall must, unless otherwise expressly provided, be collected by an action to be brought in the name of the State against the offending person or corporation in any court of competent jurisdiction by the Attorney General of this State Office of Regulatory Staff or the solicitor of the circuit in which the offense is in whole or in part committed."

SECTION    142.    Section 58-17-4170 of the 1976 Code is amended to read:

"Section 58-17-4170.    Whenever any of the a railroad corporations corporation of this State have has repeatedly and wilfully violated any of the provisions of this chapter, and have has been found guilty or judgment had against them it within this State of such the violation more than once or penalties have been recovered in penal actions for such the violations more than once, the commission may, if it thinks it consistent with the public interest, instruct the Attorney General Office of Regulatory Staff to proceed against such the corporation, in any court of competent jurisdiction, by an information in the nature of a quo warranto, alleging such convictions or recoveries as cause of forfeiture of its charter of incorporation and upon proof of such facts there shall be judgment of ouster and final execution as in other cases of proceedings by quo warranto."

SECTION    143.    Section 58-23-10 of the 1976 Code amended by adding at the end:

"(8)    The term 'regulatory staff' means the executive director or the executive director and employees of the Office of Regulatory Staff."

SECTION    144.    Section 58-23-40 of the 1976 Code is amended to read:

"Section 58-23-40.    No motor vehicle carrier shall hereafter operate for the transportation of persons or property for compensation on any improved public highway in this State without first having obtained from the Commission the Office of Regulatory Staff, under the provisions of Article 3 of this chapter, a certificate and paid the license fee required by Article 5."

SECTION    145.    Article 3, Chapter 23, Title 58 of the 1976 Code is amended to read:

"Article 3

Issuance and Revocation of Certificates

Section 58-23-210.    The Commission may grant Office of Regulatory Staff, upon order of the commission, may issue six classes of such certificates as are mentioned in Section 58-23-40 after application therefor has been made in writing by the owner of the vehicles upon blanks provided by the commission and after such hearing as the commission may deem consider proper. To the granting of any certificate The commission shall must hear any objections which may be filed thereto with the Commission by any person or corporation who may be affected by any such grant the issuance of a certificate by the Office of Regulatory Staff. The six classes of certificates shall be respectively designated certificate A, certificate B, certificate C, certificate D, certificate E, and certificate F.

Section 58-23-220.    The Commission may grant Office of Regulatory Staff, upon order of the commission, may issue a certificate A in the following cases:

(1)    To to an applicant to operate in territory already served by any certificate holder under this chapter or any common carrier when the public convenience and necessity in such territory are not already being reasonably served by some other certificate holder or common carrier, provided such applicant purposes to operate on a fixed schedule and to comply with the other provisions contained in Articles 1 to 11 of this chapter and the rules and regulations which may be made by the commission respecting holders of this class of certificates; and

(2)    To to an applicant for a certificate to operate upon a regular schedule in a territory not already served by the holder of a certificate A, when public convenience and necessity in such territory are not being reasonably served by a certificate holder under this chapter or a common carrier; provided, that when such a certificate A is issued to an applicant over territory which is being served at the time such certificate is granted by the holder of a certificate B, the right of such the applicant to operate under certificate A shall not begin until the expiration of the then license year of the holder of the certificate B and the holder of a certificate B shall be preferred in granting a certificate A over such the route unless in the judgment of the commission it would not be in the interest of the public service.

In either such case the existence of a railroad or other motor vehicle carrier in the territory sought to be served by the applicant shall not be considered by the commission as good cause for refusing the application.

Section 58-23-230.    The Commission may grant Office of Regulatory Staff, upon order of the commission, may issue a certificate B when the applicant does not propose to operate regularly upon a fixed schedule or route, but only desires to operate over a particular route or routes which are not already served by the holder of a certificate A, but will operate in instances when by his solicitation or otherwise he has procured passengers to be transported over the route or routes designated in his application. In the granting of such ordering the issuance of a certificate B, the commission may consider the public convenience and necessity and whether the territory proposed to be served is already served by a carrier. If the public convenience and necessity require the granting issuance of more than one certificate B over such route or routes, the commission may grant order the issuance of an additional certificate B, but such the certificate may be revoked by the Commission order of the commission at the end of any license year as to any particular route or routes, if prior to the expiration of such the year the commission has granted commission has ordered the issuance of a certificate A over such the route a certificate A.

Section 58-23-240.    The Commission may grant Office of Regulatory Staff, upon order of the commission, may issue a certificate C to any applicant who does not propose in any way to solicit the transportation of persons over improved public highways outside of the corporate limits of any city or town or to operate upon a regular schedule, but who is privately employed for a specific trip and who will not solicit or receive patronage along the route. But such those operators may solicit passengers (a) for destination within the corporate limits of any city or town wherein such passengers are solicited, (b) within a radius of two miles of the corporate limits of the city or town in which he is they are licensed to do business, and (c) upon such highways as are not served by a holder of an A or B certificate.

Section 58-23-250.    The Commission may grant Office of Regulatory Staff, upon order of the commission, may issue a certificate D for property-carrying vehicles which will operate upon regular routes and schedules over such highways.

Section 58-23-260.    The Commission may grant Office of Regulatory Staff, upon order of the commission, may issue a certificate E for the property-carrying vehicles which will not operate upon any particular route or schedule.

Section 58-23-270.    The Commission may grant Office of Regulatory Staff, upon order of the commission, may issue a certificate F to any person or corporation who proposes to engage in the business commonly known as contract hauling of freight or property when such applicant does not propose to operate upon a regular schedule or over a regular route or to solicit or receive patronage along the route.

Section 58-23-280.    The provisions of this chapter governing the granting of certificates A and C shall apply to certificates D and E.

Section 58-23-290.    In the granting ordering the issuance of a certificate A, B, or D the commission may issue it order the issuance of a certificate for partial exercise only of the privileges sought, but without alteration of the license charges fixed thereon.

Section 58-23-300.    The applicant for a class A, B, or D certificate of public convenience and necessity shall have a notice of the hearing on such the application published in one newspaper of each county into or through which the proposed service would operate, at least fifteen days before the date of such the hearing, such notice to be in the form prescribed by the Commission commission, and an affidavit of the publisher of such newspaper giving the date of publication of such notice shall be filed with the Commission commission by the applicant at the beginning of such the hearing or prior thereto.

Section 58-23-310.    The commission shall grant must order the issuance of a certificate as a matter of right when it appears that the applicant was operating in good faith on or before June 8, 1925, but was not operating immediately prior thereto or on said that date because of impassable roads.

Section 58-23-320.    The commission may, at any time, by its order, duly entered, after a hearing, order the suspension, revocation, alteration, or amendment of any certificate issued pursuant to Articles 1 through 11 of this chapter, if it is proved that the holder of the certificate had upon notice to the holder of any certificate hereunder at which such holder shall have had an opportunity to be heard and at which time it shall be proved that such holder has wilfully made any misrepresentation of a material fact in obtaining his certificate or wilfully violated or refused to observe the laws of this State touching motor vehicle carriers or wilfully violated any of the terms of his certificate or of the commission's proper orders, rules, or regulations, suspend, revoke, alter or amend any certificate issued under the provisions of Articles 1 to 11 of this chapter. But the holder of such the certificate shall have has the right of appeal to any court of competent jurisdiction. The commission must not be a party to any appeal.

Section 58-23-330.    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 based on criteria established by the commission that the applicant is fit, willing, and able to perform appropriately the proposed service. If an intervenor shows or if the commission determines that the public convenience and necessity is being served already, the commission may deny the application. If the commission approves the issuance of a restricted certificate to operate, the reason for the restriction must be justified in writing.

If an application is denied, another application may not be made until at least six months have elapsed since the date of the denial.

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 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."

SECTION    146.    Section 58-23-510 of the 1976 Code is amended to read:

"Section 58-23-510.    Every motor vehicle carrier which shall operate in this State shall, as soon as such certificate is issued and annually on or before each succeeding January 1st first as long as such certificate remains in force, present it, with any changes which have been made therein ordered by the commission, to the Commission Office of Regulatory Staff and make an application in writing to the Office of Regulatory Staff for registration and license as prescribed in Chapter 3 of Title 56 for owners of motor vehicles generally."

SECTION    147.    The first paragraph of Section 58-23-530 of the 1976 Code, as amended by Act 138 of 1983, is further amended to read:

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

SECTION    148.    Section 58-23-550 of the 1976 Code is of the 1976 Code, as amended by Act 138 of 1983, is further amended to read:

"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 Office of Regulatory Staff 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    149.    Section 58-23-560 of the 1976 Code, as amended by Act 138 of 1983, is further amended to read:

"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 Office of Regulatory Staff the following fees: For 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."

SECTION    150.    Section 58-23-590 of the 1976 Code, as amended by Act 145 of 1995, is further amended to read:

"Section 58-23-590.    (A)    The commission shall must promulgate regulations necessary to control entry and certification standards, set rates and charges, and establish enforcement procedures and powers to govern the operations of carriers of household goods and hazardous waste for disposal.

(B)    The commission Office of Regulatory Staff is authorized to establish an Office of Compliance to carry out its responsibilities and may assess the carriers of household goods and hazardous waste for disposal fees necessary to fund this office and to carry out its responsibilities.

(C)    The commission Office of Regulatory Staff shall must issue a common carrier certificate or contract carrier permit of public convenience and necessity, upon order of the commission, if the applicant proves to the commission that:

(1)    it is fit, willing, and able to properly perform the proposed service and comply with the provisions of this chapter and the commission's regulations; and

(2)    the proposed service, to the extent to be authorized by the certificate or permit, is required by the present public convenience and necessity.

The commission shall adopt regulations that provide criteria for establishing that the applicant is fit, willing, and able, and criteria for establishing that the applicant must meet the requirement of public convenience and necessity. The determination that the proposed service is required by the public, convenience and necessity must be made by the commission on a case by case case-by-case basis.

(D)    A carrier of household goods, before operating in an exempt zone provided in Section 58-23-60 in this State, must obtain a certificate of fit, willing, and able from the Office of Regulatory Staff upon order of the commission. The commission Office of Regulatory Staff may establish an annual registration requirement and set a fee for this registration which is comparable to and is calculated by using the same methodology applied to holders of certificates of public convenience and necessity.

(E)    The commission Office of Regulatory Staff is authorized to employ necessary personnel to administer and enforce the provisions of this chapter as they apply to carriers of household goods and hazardous waste for disposal. A carrier operating in violation of a provision of Articles 1 through 12 of this chapter is guilty of a misdemeanor and, upon conviction, must pay penalties provided in Section 58-23-80. A fine of one thousand dollars is imposed on the violators of the certification and registration requirements. Seventy-five percent of this fine must be remitted to the commission Office of Regulatory Staff to be used for the operation of the Office of Compliance. Magistrates have jurisdiction over contested violations of this section and are prohibited from suspending or reducing the penalties."

SECTION    151.    Section 58-23-630 of the 1976 Code, as amended by Act 201 of 1985, is further amended to read:

"Section 58-23-630.    All license fees for the operation of motor vehicles for hire collected by the Commission the Office of Regulatory Staff pursuant to the provisions of this article shall must be deposited in the State Treasury and there shall be transferred from such collections to the general fund of the State so much as is estimated to cover the costs of administration and collection of such fees."

SECTION    152.    Section 58-23-910 of the 1976 Code, as amended by Act 525 of 1988, is further amended to read:

"Section 58-23-910.    The commission shall, in the granting ordering the issuance of a certificate, require the applicant to procure and file with the commission the Office of Regulatory Staff either liability and property damage insurance, a surety bond with some casualty or surety company authorized to do business in this State, or a certificate of self-insurance as provided by Section 56-9-60 on all motor vehicles to be used in the service in that amount as the commission may determine, insuring or indemnifying passengers or cargo and the public receiving personal injury by reason of any act of negligence and for damage to property of any person other than the assured. The policy, bond, or certificate of self-insurance must contain those conditions, provisions, and limitations as the commission may prescribe and must be kept in full force and effect and failure to do so is cause for the revocation of the certificate."

SECTION    153.    Section 58-23-1010 of the 1976 Code, as last amended by Act 184 of 1989, is further amended to read:

"Section 58-23-1010.    (A)    The commission shall supervise and regulate every motor carrier in this State and fix or approve the rates, fares, charges, classifications, and regulations pertaining to each motor carrier, except as provided in Section 58-23-20. The rates once established remain in effect until such time when, pursuant to complaint and proper hearing, the commission determines the rates are unreasonable. The commission may approve joint rates, local rates, and rate agreements between two or more motor carriers relating to rates, classifications, allowances, and charges agreed to and published by individuals, firms, corporations, or the Motor Truck Rate Bureau, Inc South Carolina Tariff Bureau. Any of these agreements when approved by the commission are not in violation of Section 39-3-10.

(B)    As to holders of a certificate C, the commission shall fix a maximum rate only."

SECTION    154.    Section 58-23-1080 of the 1976 Code is amended to read:

"Section 58-23-1080.    The Commission Office of Regulatory Staff, upon the presentation of a certificate from the Commission Office of Regulatory Staff authorizing the motor vehicle carrier to operate and upon payment of the proper license, shall must furnish the motor vehicle carrier with a distinguishing plate or marker, which, in addition to the other matters otherwise provided by law to be placed thereon, shall bear the letter stating the class under which such the motor vehicle shall operate, such as A, B, C, D, E, or F."

SECTION    155.    Section 58-23-1090 of the 1976 Code is amended to read:

"Section 58-23-1090.    When any reserve or substitute vehicle maintained by a motor carrier holding a certificate D, or a certificate A or a certificate B for passenger vehicles, to be used only in emergencies, is in use it shall must be designated by a special marker to be furnished by the Commission Office of Regulatory Staff."

SECTION    156.    Article 12, Chapter 23, Title 58 of the 1976 Code is amended to read:

"Article 12

Safety Regulations

Section 58-23-1110.    As used in this article:

(1)    The term 'corporation' means a corporation, company, association, or joint stock association;.

(2)    The term 'person' means an individual, a firm, or a partnership;.

(3)    The term 'commission' means the Public Service Commission of South Carolina;.

(4)    The term 'private carrier' means every corporation or person, their lessees, trustees, or receivers, owning, controlling, operating, or managing any motor propelled vehicle used in transporting persons or property over any improved public highway in this State, which private carriers are not included in the term motor vehicle carrier as defined in Section 58-23-10;.

(5)    The term 'motor carrier' means every corporation or person, their lessees, trustees, or receivers, owning, controlling, operating, or managing any motor propelled vehicle used in transporting persons or property over any improved public highway in this State, whether or not for compensation, as defined by Section 58-23-30 and includes, but is not limited to, motor vehicle carriers as defined in Section 58-23-10 and private carriers;.

(6)    The term 'trailer' means a vehicle equipped to carry a load and which is attached to and drawn by a motor vehicle. Trailers are classed as motor vehicles and subject to the provisions of this article;.

(7)    The term 'improved public highway' means every improved public highway in this State which is or may hereafter be declared to be a part of the State Highway System or any county highway system or a street of any city or town.

(8)    The term 'regulatory staff' means the executive director or the executive director and employees of the Office of Regulatory Staff.

Section 58-23-1120.    Each for-hire motor carrier of household goods or hazardous waste for disposal shall must comply with orders and regulations prescribed by the Public Service Commission. The commission Office of Regulatory Staff may employ the necessary law enforcement personnel to enforce the provisions which apply to holders of certificates A, B, C, and certificates E and F of Public Convenience and Necessity.

The Department of Public Safety may promulgate regulations to ensure the safe operation of motor carriers. The Transport Police Division of the Department of Public Safety shall have has exclusive authority in this State for enforcement of the commercial motor vehicle carrier laws, which include Federal Motor Carrier Safety Regulations, Hazardous Material Regulations, and size and weight laws and regulations.

Section 58-23-1130.    The commission may make those regulations not inconsistent with law as may be proper in the exercise of its powers or for the performance of its duties under this article.

Section 58-23-1140.    The Public Service Commission has and the Office of Regulatory Staff have no jurisdiction for safety purposes over persons engaged in transporting farm products or forest products from the farm to the first market."

SECTION    157.    Section 58-27-10 of the 1976 Code is amended to read:

"Section 58-27-10.    When used in this chapter:

(1)    The term 'commission' means the Public Service Commission of this State.

(2)    The term 'commissioner' means one of the members of the Public Service Commission of this State.

(3)    The term 'corporation' includes all bodies corporate, joint-stock companies or associations, domestic or foreign, their lessees, assignees, trustees, receivers, or other successors in interest, having any of the powers or privileges of corporations not possessed by individuals or partnerships; but it shall not include municipalities as hereinafter defined.

(4)    The term 'person' includes all individuals, partnerships or associations other than corporations.

(5)    The term 'municipality' includes a city, town, county, township, or any other corporation existing, created, or organized as a governmental unit under the Constitution or laws of this State except a consolidated political subdivision.

(6)    The term 'public' means the public generally or any limited portion of the public, including a person, corporation, or municipality.

(7)    The term 'electrical utility' includes municipalities to the extent of their business, property, rates, transactions, and operations without the corporate limits of the municipality, persons and corporations, their lessees, assignees, trustees, receivers, or other successors in interest owning or operating in this State equipment or facilities for generating, transmitting, delivering, or furnishing electricity for street, railway, or other public uses or for the production of light, heat, or power to or for the public for compensation; but it shall not include an electric cooperative or a consolidated political subdivision and shall not include a person, corporation or municipality furnishing electricity only to himself or itself, their residents, employees, or tenants when such current is not resold or used by others.

(8)    The term 'rate' means and includes every compensation, charge, toll, rental, and classification, or any of them, demanded, observed, charged, or collected by any electrical utility for any electric current or service offered by it to the public and any rules, regulations, practices, or contracts affecting any such compensation, charge, toll, rental, or classification.

(9)    The term 'securities' means and includes stock, stock certificates, bonds, notes, debentures, or other evidences of indebtedness and any assumption or guaranty thereof.

(10)    The term 'consolidated political subdivision' means a consolidated political subdivision existing pursuant to the Constitution of this State, and shall not be deemed a city, town, county, or other governmental unit merged thereinto.

(11)    The term 'regulatory staff' means the executive director or the executive director and the employees of the Office of Regulatory Staff."

SECTION    158.    Section 58-27-40 of the 1976 Code is amended to read:

"Section 58-27-40.    Each electrical utility and, to the extent covered by this Title title, each electric cooperative and consolidated political subdivision shall must obey and comply with all requirements of every order, decision, direction, rule, or regulation made or prescribed by the Public Service Commission or every direction, rule, or regulation made or prescribed by the Office of Regulatory Staff made under pursuant to this chapter or in relation to any other matter in any way relating to or affecting the business of such the electrical utility, electric cooperative, or consolidated political subdivision and shall must do everything necessary or proper in order to secure compliance with and observance of to comply with and observe every such order, decision, direction, rule, or regulation by all of its officers, agents, and employees."

SECTION    159.    Section 58-27-50 of the 1976 Code, as amended by Act 331 of 1982, is further amended to read:

"Section 58-27-50.    All expenses and charges incurred by the commission in the administration of this chapter and in the performance of its duties thereunder shall be defrayed by assessments made by the Comptroller General against the electrical utilities regulated thereunder and based upon the gross revenues collected by such electrical utilities from their business done wholly within this State in the manner set out in Section 58-3-100 for other corporations.

The Public Service Commission shall must certify to the Comptroller General annually on or before August May first the amounts to be assessed in the format approved by the Comptroller General."

SECTION    160.    Section 58-27-70 of the 1976 Code is mended to read:

"Section 58-27-70.    The commission may employ such technical administrative and clerical staff as it may deem necessary to carry out the provisions of this chapter and to perform the duties and exercise the powers conferred upon it by law in relation to electrical utilities. The Attorney General Office of Regulatory Staff shall be the legal head of suits or actions arising under this chapter."

SECTION    161.    Section 58-27-140 of the 1976 Code is amended to read:

"Section 58-27-140.    The commission may, upon its own motion or upon complaint petition:

(1)    Ascertain ascertain and fix just and reasonable standards, classifications, regulations, practices, or service to be furnished, imposed, observed, and followed by any or all electrical utilities;

(2)    Ascertain ascertain and fix by regulation adequate and reasonable standards for the measurement of quality, quantity, initial voltage, or other condition pertaining to the supply of the product, commodity, or service furnished or rendered by any or all electrical utilities;

(3)    Prescribe prescribe reasonable regulations for the examination and testing of such product, commodity, or service and for the measurement thereof; and

(4)    Establish establish or approve reasonable rules, regulations, specifications, and standards to secure the accuracy of all meters and appliances for measurement; and

(5)    Provide for the examination and testing of any and all appliances used for the measurement of the product, commodity or service of any electrical utility."

SECTION    162.    Section 58-27-160 of the 1976 Code is amended to read:

"Section 58-27-160.    The Commission may, on its own motion and whenever it may be necessary in the performance of its duties, Office of Regulatory Staff may investigate and examine the condition and management of electrical utilities or any particular electrical utility. In conducting such investigations the Commission may proceed either with or without a hearing as it may deem best."

SECTION    163.    Section 58-27-170 of the 1976 Code is amended to read:

"Section 58-27-170.    The commission may make joint investigations, hold joint hearings and issue joint or concurrent orders in conjunction or concurrence with any official board or commission of any state or of the United States. Whether in the holding of such investigations or hearings or in the making of such orders the Commission shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce or as an agency of the Federal Government or otherwise. The Office of Regulatory Staff may make joint investigations with any official board or commission of any state or of the United States."

SECTION    164.    Section 58-27-180 of the 1976 Code is amended to read:

"Section 58-27-180.    The commission may, after hearing, ascertain and fix the value of the whole or any part of the property of any electrical utility insofar as the same is material to the exercise of the jurisdiction of the Commission commission and may, after hearing, make revaluations from time to time and ascertain the value of all new construction, extensions, and additions to the property of every electrical utility."

SECTION    165.    Section 58-27-190 of the 1976 Code is amended to read:

"Section 58-27-190.    The Commission, each commissioner and each person employed by the Commission shall have Office of Regulatory Staff has the right at any and all times to inspect the property, plant, and facilities of any electrical utility and to inspect or audit at reasonable times the accounts, books, papers, and documents of any electrical utility. For the purposes herein mentioned an employee or agent of the Office of Regulatory Staff may during all reasonable hours enter upon any premises occupied by or under the control of any electrical utility. The Commission, each commissioner and any employee of the Commission An employee or agent of the Office of Regulatory Staff authorized to administer oaths shall have has the power to examine under oath any officer, agent, or employee of such the electrical utility in relation to the business and affairs of such the electrical utility, but written record of the testimony or statement so given under oath shall must be made and filed with the Commission. Any person other than a commissioner demanding the right to perform any act authorized by this section shall produce written authority from the Commission authenticated by its seal."

SECTION    166.    Section 58-27-200 of the 1976 Code is amended to read:

"Section 58-27-200.    In the performance of its duties under this chapter, the Commission, any commissioner or any agent or employee of the Commission with written authority from the Commission authenticated by its seal an employee or agent of the Office of Regulatory Staff may inspect or make copies of all income, property, or other tax returns, reports, or other information filed by electrical utilities with or otherwise obtained by any other department, commission, board, or agency of the State state government and all such other. All departments, commissions, boards, or agencies of the State state government shall must permit the same to be done an employee or agent of the Office of Regulatory Staff to inspect or make copies of all information filed by electrical utilities with or otherwise obtained by the department, commission, board, or agency of the state government."

SECTION    167.    Section 58-27-210 of the 1976 Code amended to read:

"Section 58-27-210.    Whenever it shall appear that any electrical utility, electric cooperative, or consolidated political subdivision is failing or omitting, or about to fail or omit, to do anything required of it by law or by order of the commission or is doing, or about to do anything or permitting or about to permit anything to be done contrary to or in violation of law or of any order of the commission, an action or proceeding shall be prosecuted in any court of competent jurisdiction in the name of the Commission or the State Office of Regulatory Staff for the purpose of having such violation or threatened violation discontinued or prevented, either by mandamus, injunction, or other appropriate relief, and in such action or proceeding, it shall be permissible to join such other persons, corporations, municipalities, or consolidated political subdivisions as parties thereto as may be reasonably necessary to make the order of the court in all respects effective. The commission must not be a party to any action."

SECTION    168.    Section 58-27-220 of the 1976 Code amended to read:

"Section 58-27-220.    In addition to the foregoing expressly enumerated powers the Commission shall, the Office of Regulatory Staff must enforce, execute, administer, and carry out by its order, ruling, regulation or otherwise all the provisions of this chapter relating to the powers, duties, limitations, and restrictions imposed upon electrical utilities by this chapter or any other provisions of the law of this State regulating electrical utilities."

SECTION    169.    Section 58-27-430 of the 1976 Code is amended to read:

"Section 58-27-430.    Any electrical utility operating under an existing permit or franchise heretofore granted by the State or any municipality thereof prescribing a definite period of years for the existence of such permit or franchise shall, upon (a) filing with the commission and providing to the Office of Regulatory Staff a written declaration that it surrenders such permit or franchise, (b) the consent of such municipality, and (c) proof of any consent that may be required by article Article VIII, section Section 15, of the Constitution of this State, receive an indeterminate permit which shall take the place of the surrendered permit or franchise, and such electrical utility or its successors or assigns shall hold such permit in accordance with the terms, conditions and limitations of this chapter and any future regulatory acts. If, for any reason, any indeterminate permit held by a public utility is held to be invalid, the public utility shall, by operation of law and without further act, have reinstated in it any franchise or franchises surrendered by it in exchange for such indeterminate permit."

SECTION    170. Section 58-27-650 of the 1976 Code, as amended by Act 431 of 1984, is further amended to read:

"Section 58-27-650.    (A)    The Public Service Commission, upon agreement of the affected electric suppliers, is authorized to reassign to one electric supplier any area or portion of the area assigned to another and, notwithstanding the lack of an agreement, the commission upon its own motion or upon complaint petition by any electric supplier or county or consolidated political subdivision within this State, after notice to all affected electric suppliers and after hearing, if a hearing is requested by any affected electric supplier, the Office of Regulatory Staff, or any other interested party, is authorized to reassign to one electric supplier any area or portion of the area assigned to another, except premises being served by the other electric supplier or to which any of its facilities for service are attached and except the portions of the area as are within three hundred feet of the other electric supplier's lines, upon a finding that the reassignment is required by public convenience and necessity. In determining whether public convenience and necessity require the reassignment, the commission shall consider among other things the adequacy and dependability of the service of the affected electric suppliers, but may not consider rate differentials between the electric suppliers.

(B)    The Public Service Commission has the authority and jurisdiction, if a hearing is requested by any affected electric supplier, the Office of Regulatory Staff, or municipality, to order any electric supplier to cease and desist from furnishing electric service inside an assigned area which has been annexed into a municipality upon a finding that service to existing consumers by the electric supplier which is then furnishing service, or which has the right to furnish service to the premises, is or will be inadequate or undependable, and cannot or will not be made adequate or dependable within a reasonable time, or that the rates, conditions of service, or service regulations, applied to the consumers, are unreasonably discriminatory. In determining the adequacy and dependability of service or whether rates, conditions of service, or service regulations are unreasonably discriminatory, the commission may not consider rate differentials between the affected electric suppliers or municipality or differences in the provisions of utility service other than electrical services. Upon a finding of inadequate, undependable, or unreasonably discriminatory service, the commission shall order necessary improvements or corrections or the sale of the facilities in accordance with Section 58-27-1360."

SECTION    171.    Section 58-27-660 of the 1976 Code is amended to read:

"Section 58-27-660.    Notwithstanding the provisions of Sections 58-27-620 and 58-27-640:

(1)    Any electric supplier may furnish electric service to any consumer who desires service from such electric supplier at any premises being served by another electric supplier, or at premises which another electric supplier has the right to serve pursuant to other provisions of this article, upon agreement of the affected electric suppliers.

(2)    The Public Service Commission shall have the authority and jurisdiction, after notice to all affected electric suppliers and the Office of Regulatory Staff and after hearing, if a hearing is requested by any affected electric supplier, the Office of Regulatory Staff, or any other interested party, to order any electric supplier which may reasonably do so to furnish electric service to any consumer who desires service from such electric supplier at any premises being served by another electric supplier, or at premises which another electric supplier has the right to serve pursuant to other provisions of this article, and to order such other electric supplier to cease and desist from furnishing electric service to such premises, upon a finding that service to such consumer by the electric supplier which is then furnishing service, or which has the right to furnish service, to such premises, is or will be inadequate or undependable, and cannot or will not be made adequate and dependable within a reasonable time, or that the rates, conditions of service, or service regulations, applied to such consumer, are unreasonably discriminatory."

SECTION    172.    Section 58-27-820 of the 1976 Code is amended to read:

"Section 58-27-820.    Under such rules and regulations as the Commission may prescribe prescribed by the commission, every electrical utility shall must file with the commission and provide to the Office of Regulatory Staff, within such time and in such form as the commission may designate, schedules showing all rates, service rules and regulations, and forms of service contracts established by it the electrical utility and collected or enforced or to be collected or enforced within the jurisdiction of the commission. Under such rules and regulations as the Commission may prescribe prescribed by the commission, every distribution electric cooperative and consolidated political subdivision shall must file with the commission and provide to the Office of Regulatory Staff, for information purposes, within such time and in such form as the commission may designate, schedules showing all rates, service rules and regulations, and forms of service contracts established by it the distribution electric cooperative or consolidated political subdivision. Each electrical utility, distribution electric cooperative, and consolidated political subdivision shall must keep copies of such the schedules open to public inspection under such rules and regulations as prescribed by the commission may prescribe."

SECTION    173.    Section 58-27-850 of the 1976 Code is amended to read:

"Section 58-27-850.    Whenever the commission after a hearing, upon its own motion or upon complaint, finds that the existing rates in effect and collected by any electrical utility for any service, product, or commodity are unjust, unreasonable, insufficient, unreasonably discriminatory, or in any way in violation of any provision of law, the commission shall determine the just, reasonable, and sufficient rates to be thereafter observed and in force and shall fix the same rates by its order."

SECTION    174.    Section 58-27-860 of the 1976 Code, as amended to Act 138 of 1983, is further amended to read:

"Section 58-27-860.    Whenever an electrical utility desires to put into operation a new rate, it shall must give not less than thirty days' notice of its intention to file with the commission and the Office of Regulatory Staff and shall must, after the expiration of the notice period, then file with the commission and provide to the Office of Regulatory Staff a schedule setting forth the proposed changes. Copies of the schedule must also be given to other parties as the commission may direct directs. 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."

SECTION    175.    Section 58-27-865(B), (C), and (D) of the 1976 Code, as amended by Act 348 of 1996, are further amended to read:

"(B)    The commission shall direct each electrical utility which incurs fuel cost for the sale of electricity to submit to the commission and to the Office of Regulatory Staff, within such time and in such form as the commission may designate, its estimates of fuel costs for the next twelve months. The commission may hold a public hearing at any time between the twelve-month reviews to determine whether an increase or decrease in the base rate amount designed to recover fuel cost should be granted. 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 twelve 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 twelve-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 twelve 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.

(C)    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 cost component of the base rates for the succeeding period. The commission shall direct the electrical utilities to submit to the Office of Regulatory Staff monthly reports of fuel costs and monthly reports of all scheduled and unscheduled outages of generating units with a capacity of one hundred megawatts or greater.

(D)    Upon request by the commission regulatory staff, or the electrical utilities, or the Consumer Advocate, a public hearing must be held by the commission at any time between the twelve-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."

SECTION    176.    Section 58-27-870 of the 1976 Code, as last amended by Act 184 of 1989, is further amended to read:

"Section 58-27-870.    (A)    After a schedule setting forth the proposed changes in its rates or tariffs has been filed with the commission and provided to the Office of Regulatory Staff, the commission shall must 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 must 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 an 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 The 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 charges increased rates under bond, it shall must 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 must 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.

(G)    The commission's determination of a fair rate of return must be documented fully in its findings of fact and based exclusively on reliable, probative, and substantial evidence on the whole record."

SECTION    177.    Section 58-27-920 of the 1976 Code is amended to read:

"Section 58-27-920.    The commission may, after a preliminary investigation by the Office of Regulatory Staff and upon such evidence as to it shall seem the commission seems sufficient, order any electrical utility to put into effect such a schedule of rates as shall be deemed fair and reasonable, within such time as may be prescribed by order of the commission, which shall be not less than fifteen days, and an attested copy of the order shall must be served upon such the utility and the Office of Regulatory Staff by registered mail or otherwise as provided by law."

SECTION    178.    Section 58-27-930 of the 1976 Code is amended to read:

"Section 58-27-930.    If any utility affected thereby objects to such an order issued pursuant to Section 58-27-920, it may, within ten days after service upon it of the copy of the order, file a petition with the commission stating the grounds of any such objection and demand a hearing thereon and it may require, if it so requests in the petition, that such schedule of rates be suspended pending the hearing. The utility also must provide a copy of the petition to the Office of Regulatory Staff. Any member of the public adversely affected by any such order of the commission shall also have all the rights herein conferred on the utility affected."

SECTION    179.    Section 58-27-940 of the 1976 Code, as amended by Act 138 of 1983, is further amended to read:

"Section 58-27-940.    After the a hearing provided by Section 58-27-930, the commission by its order shall must 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 and the Office of Regulatory Staff 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 rates into effect as of the date fixed by the original order."

SECTION    180.    Section 58-27-950 of the 1976 Code is amended to read:

"Section 58-27-950.    No cause of action shall arise against the Commission in favor of any such A utility by reason of the order first issued must not bring a cause of action challenging the commission's order issued pursuant to Section 58-27-920 unless the utility shall first make application to the commission for a hearing as herein provided for in Section 58-27-930. The commission must not be a party to any cause of action."

SECTION    181.    Section 58-27-960 of the 1976 Code is amended to read:

"Section 58-27-960.    When complaint a petition has been made to filed with the commission concerning any rate or charge for any electric current furnished or service performed by any electrical utility and the commission has found after hearing and investigation that the electrical utility has charged an unreasonable, excessive, or discriminatory amount for such electric current or service, the commission may order that the electrical utility to make due reparation to the complainant petitioner therefor, with interest from the date of collection; provided, however, that no unreasonable discrimination will must result from such the reparation. But no order for the payment of reparation upon the ground of unreasonableness shall must be made by the commission in any instance wherein the rate or charge in question has been authorized by law. No assignment of a reparation claim shall must be recognized by the commission except assignments by operation of law as in cases of death, insanity, bankruptcy, receivership, or order of court. If the electrical utility does not comply with the order for the payment of reparation within the time specified in such order, suit may be instituted in any court of competent jurisdiction to recover the same, and upon trial of such suit, a duly certified copy of the order of the commission shall be prima facie evidence of the facts therein set forth. All complaints petitions concerning unreasonable, excessive, or discriminatory charges on which reparation orders may be made shall must be filed with the commission and provided to the Office of Regulatory Staff within two years from the time the cause of action accrues, and the suit for enforcement of the order shall must be commenced in the court within one year from the date of the order of the commission. The commission must not be a party to any cause of action. The remedy in this section provided shall be is cumulative and in addition to any other remedy or remedies in this chapter provided in case of failure of an electrical utility to obey an order or decision of the commission."

SECTION    182.    Section 58-27-1210 of the 1976 Code is amended to read:

"Section 58-27-1210.    When ordered by the commission after a hearing, any electrical utility, distribution electric cooperative, or consolidated political subdivision, may be required to establish, construct, maintain, and operate any reasonable extension of its existing facilities. If any such extension, however, will interfere with the service or system of any other electrical utility, distribution electric cooperative, or consolidated political subdivision, the commission may, on complaint petition and after hearing, either order the discontinuance of such extension or prescribe such terms and conditions with respect thereto as may be just and reasonable. Each electrical utility, distribution electric cooperative, and consolidated political subdivision, within areas assigned to it by the commission and within three hundred feet of its lines, as defined in Section 58-27-610, shall be is obligated to comply with all requests for service in accordance with its schedules of rates and service rules and regulations on file with the commission."

SECTION    183.    Section 58-27-1240 of the 1976 Code is amended to read:

"Section 58-27-1240.    Before any certificate may issue hereunder, a certified copy of its articles of incorporation or charter, if the applicant be a corporation, shall must be on file in the office of the commission and in the Office of Regulatory Staff. Every applicant for a certificate shall give such notice of its application as the commission may require and shall must file in the office of the commission such and the Office of Regulatory Staff evidence as shall be required by the commission to show that such the applicant has received any consent of local authorities that might be required under article Article VIII, section Section 15, of the Constitution of this State."

SECTION    184.    Section 58-27-1260 of the 1976 Code is amended to read:

"Section 58-27-1260.    If such an electrical utility, except a municipality within its corporate limits, desires to exercise a right or privilege under a permit, consent, or other authority which it contemplates securing but which has not as yet been granted to it, such the electrical utility may apply to the commission for an order preliminary to the issue issuance of the certificate. The electrical utility also must serve a copy of its application upon the Office of Regulatory Staff. The commission may thereupon make an order declaring that it will thereafter, upon application, under such rules and regulations as it may prescribe, issue the desired certificate upon such terms and conditions as it may designate after such the electrical utility has obtained the contemplated permit, consent, or other authority. Upon the presentation to the commission of evidence satisfactory to it that such permit, consent, or other authority has been secured by such electrical utility, the commission shall must thereupon issue such the certificate."

SECTION    185.    Section 58-27-1270 of the 1976 Code is amended to read:

"Section 58-27-1270.    Whenever an electrical utility, electric cooperative, consolidated political subdivision, public utility district, governmental body or agency, or another person or corporation, is engaged or is about to engage in construction or operation without having secured a certificate of public convenience and necessity as required by the provisions of this chapter, or otherwise in violation thereof, any interested electrical utility, electric cooperative, consolidated political subdivision, corporation, or municipality, or the Office of Regulatory Staff may file a complaint petition with the commission. The commission may, with or without notice, make its order requiring the party complained of to cease and desist from such construction or operation until the Commission may, after hearing, make such issue an order and prescribe such terms and conditions in harmony with this chapter as are just and reasonable."

SECTION    186.    Section 58-27-1280 of the 1976 Code, as amended by Act 431 of 1984, is further amended to read:

"Section 58-27-1280.    If any electrical utility, electric cooperative, or any governmental body or agency which owns or operates equipment or facilities for generating, transmitting, delivering, or furnishing electricity in this State, in constructing or extending its lines, plant, or system, unreasonably interferes or is about to interfere unreasonably with the service or system of any other electrical utility, electric cooperative, or governmental body or agency, the commission on complaint petition of the electrical utility, electric cooperative, the Office of Regulatory Staff, or governmental body or agency complaining to be injuriously affected may, after hearing, make orders and prescribe terms and conditions in harmony with this chapter as are just and reasonable, including the removal of lines and the issuance of a cease and desist order to the electrical utility, electric cooperative, or governmental body or agency causing the interference."

SECTION    187.    Section 58-27-1290 of the 1976 Code is amended to read:

"Section 58-27-1290.    No electrical utility shall abandon all or any portion of its service to the public, except for ordinary discontinuance of service for nonpayment of undisputed charges in the usual course of business, unless written application is first made to the commission for the issuance of a certificate authorizing the same abandonment, and until the commission in its discretion issues such a certificate after a public hearing of all parties appearing to the commission to be interested. The electrical utility also must serve a copy of its application upon the Office of Regulatory Staff.

In any such case, any interested party shall have the right within fifteen days after the final order of the Commission commission to apply to the Supreme Court for a review thereof, and in such case, no such abandonment shall be permitted until such the appeal shall be is heard and the Supreme Court shall by order permit permits the same abandonment."

SECTION    188.    Section 58-27-1300 of the 1976 Code, as last amended by Act 349 of 1996, is further amended to read:

"Section 58-27-1300.    No electrical utility, without the approval of the commission and compliance with all other existing requirements of the laws of the State in relation thereto, may sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them, except that any electrical utility which has utility property, the fair market value of which is one million dollars or less, may sell, assign, transfer, lease, consolidate, or merge this property without prior approval of the commission. The commission may, at its discretion, hold a hearing on the request of an electrical utility to sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them. An electric utility seeking approval of a transfer under this provision shall serve a copy of the application on the South Carolina Consumer Advocate Office of Regulatory Staff. For purposes of this section, 'utility property' shall include property used and useful to provide customers with electric service and which has been properly included in the electric utility's rate base, including construction work in progress or property held to serve future customers. Utility property that has been transferred to nonutility accounts shall must continue to be treated as utility property under this provision for five years following the transfer."

SECTION    189.    Section 58-27-1330 of the 1976 Code is amended to read:

"Section 58-27-1330.    When the municipal council or other governing body of any city or town, after a public hearing of which at least thirty days' notice has been given, by ordinance or resolution duly adopted by a majority vote, expresses a desire and declares its purpose to acquire for such the city or town the property of an electrical utility so operated therein as authorized under the provisions of this chapter, immediate notice by registered mail of the action of such municipal council or governing body shall be given by it to the commission and the Office of Regulatory Staff, to such the electrical utility, and to all of its mortgagees or other lienors appearing of record in the county in which such city or town is situated."

SECTION    190.    Section 58-27-1340 of the 1976 Code is amended to read:

"Section 58-27-1340.    When the commission has thus been notified that such a city or town has thus expressed its desire and purpose to purchase the property of the electrical utility operated under the indeterminate permit in such the city or town and has also been notified that the parties to such the purchase and sale have been are unable to agree upon the amount to be paid and received therefor, the commission shall must, after not less than thirty days' notice to such the Office of Regulatory Staff, the city or town, and to such the electrical utility, as well as to all of its mortgagees and lienors appearing of record in the county in which such the city or town is situated, hold a public hearing upon the matter of just compensation, including severance damages if any, to be paid for the taking of such the property by such the city or town. Within a reasonable time after such the public hearing, the commission shall must by order fix and determine and certify to the clerk of such the city or town, to the electrical utility, and to any bondholder, mortgagee, lienor, or other interested party who has entered an appearance in the proceeding the just compensation, including such the damages, if any. The order of the commission may be reviewed as provided in this chapter for the review of other orders of the commission. The commission must not be a party to an action for review."

SECTION    191.    The first paragraph of Section 58-27-1360 of the 1976 Code, as amended by Act 431 of 1984, is further amended to read:

"When any an area in which electric service is being furnished at wholesale or retail by a supplier of electricity, including municipal corporations, public or governmental agencies, and electric cooperatives, is incorporated as a city or town or is annexed to an existing incorporated city or town, the city or town or, with the consent of the governing body of such city or town, an electrical utility furnishing electricity in that city or town by franchise, contract, permit, or other consent, have has the right to acquire the property of a supplier of electricity brought within corporate limits upon a finding by the commission pursuant to subsection (B) of Section 58-27-650 that inadequate, undependable, or unreasonably discriminatory service is being provided and upon payment of just compensation. The supplier of electricity having property or facilities in areas incorporated as a city or town or annexed into an existing city or town has the right to compel the city or town or an electrical utility operating in that city or town pursuant to a franchise, contract, permit, or other consent to purchase the facilities and properties and to compel the payment of just compensation. The city or town may not elect to purchase nor or give its consent to a purchase by another supplier of electricity until the commission has ruled upon adequacy of service, and it has first given ten days' written notice to the Office of Regulatory Staff and the suppliers concerned of its intention to purchase or consent to the purchase of property situate within the limits of the municipality used for providing electric service in the municipality."

SECTION    192.    Section 58-27-1520 of the 1976 Code is amended to read:

"Section 58-27-1520.    Whenever the commission, after a hearing had upon its own motion or upon complaint, finds that the service of any electrical utility is unreasonable, unsafe, inadequate, insufficient, or unreasonably discriminatory, the commission shall must determine the reasonable, safe, adequate, and sufficient service to be observed, furnished, enforced, or employed and shall must fix the same service by its order, rule, or regulation."

SECTION    193.    Section 58-27-1540 of the 1976 Code is amended to read:

"Section 58-27-1540.    The Commission shall Office of Regulatory Staff may, subject to the approval of the commission, establish a system of accounts to be kept by electrical utilities subject to its jurisdiction and it may prescribe the manner in which the accounts shall must be kept. Every electrical utility shall must keep its books, papers, and records accurately and faithfully according to the system of accounts and all regulations and directions in relation thereto prescribed by the Commission Office of Regulatory Staff."

SECTION    194.    Section 58-27-1550 of the 1976 Code is amended to read:

"Section 58-27-1550.    Every electrical utility may, and may be required to, charge annually as an operating expense a reasonable sum for depreciation and credit the same sum to a reserve account for such purpose. Such The reserve account shall must be charged only with plant retirements and expenditures made to restore depreciated property. But if the reserve thus created shall at any time in the judgment of the Commission Office of Regulatory Staff be excessive, the commission, after due hearing, shall make such issue an order as will result in the credits to such the reserve thereafter conforming to actual facts and conditions as ascertained by the commission. The commission may control or limit such the depreciation reserve."

SECTION    195.    Section 58-27-1560 of the 1976 Code is amended to read:

"Section 58-27-1560.    Each electrical utility shall have an office in one of the counties of this State in which its property or some part thereof is located and shall keep in such office all books, accounts, papers, and records as shall be required by the Commission Office of Regulatory Staff to be kept within the State. No books, accounts, papers, or records required by the Commission Office of Regulatory Staff to be kept within the State shall be removed at any time from the State, except upon such conditions as may be prescribed by the Commission Office of Regulatory Staff."

SECTION    196.    Section 58-27-1570 of the 1976 Code is amended to read:

"Section 58-27-1570.    The Commission Office of Regulatory Staff may require, by order served on any electrical utility in the manner provided in Section 58-27-1970, the production within this State at such a time and place as it may designate, of any books, accounts, papers, or records of the electrical utility relating to its business or affairs within the State, pertinent to any lawful inquiry and kept by such electrical utility in any office or place within or without this State or, at its option, verified copies in lieu thereof, so that an examination thereof may be made by the Commission Office of Regulatory Staff or under its direction."

SECTION    197.    Section 58-27-1580 of the 1976 Code is amended to read:

"Section 58-27-1580.    Every electrical utility shall must furnish the Commission Office of Regulatory Staff in such form and in such detail as the Commission may require Office of Regulatory Staff requires, subject to the approval of the commission, all tabulations, computations, and other information required by the Commission Office of Regulatory Staff to carry into effect any of the provisions of this chapter and shall must make special answer to all questions submitted by the Commission Office of Regulatory Staff. Each electrical utility receiving from the Commission Office of Regulatory Staff any blanks with directions to fill out the same shall must cause the same blanks to be properly filled out so as to answer fully and correctly each question propounded therein and it shall return the same tabulations, computations, and other information to the Commission Office of Regulatory Staff within the time required. But in case any electrical utility is unable to answer any question, it shall must so state with good and sufficient reasons therefor. When required by the Commission Office of Regulatory Staff, each electrical utility shall must deliver to the Commission Office of Regulatory Staff copies of any or all maps, profiles, contracts, franchises, reports, books, accounts, papers, and records in its possession or in any way relating to its property or affecting its business and also a complete inventory of its property in such the form as the Commission may direct Office of Regulatory Staff directs. Each electrical utility shall must, when required by the Commission Office of Regulatory Staff, furnish in such form as the Commission may require Office of Regulatory Staff requires all such reports as it may be directed by the Commission Office of Regulatory Staff to furnish in relation to its operations, property, or business, and the Commission Office of Regulatory Staff may require either periodical or special reports concerning any matter as to which it desires to inquire in order to keep itself informed in the performance of its duties under this chapter. All reports shall must be under oath by such the officer or officers of the electrical utility as may be required by the Commission Office of Regulatory Staff."

SECTION    198.    Section 58-27-1590 of the 1976 Code is amended to read:

"Section 58-27-1590.    When any an electrical utility is engaged in both interstate business and intrastate business in this State and at any time transmits electricity either into or from this State (a) by the use, either wholly or in part, of any transmission line or other facilities also used in intrastate service in this State, (b) if such the electricity is generated by the use, either wholly or in part, of any facilities also used in intrastate service in this State, or (c) if such the electricity is a part of any supply of electricity acquired by purchase, exchange, or any means other than actual generation and any part of such the supply of electricity is also at any time used in intrastate service in this State, the commission may require such the electrical utility to maintain at or near the State state line, within this State, a meter or meters of a type or types to be approved by the commission before installation which shall must accurately and separately measure and register such the electricity coming into and going out of this State. Any such electrical utility shall make such records and reports of the meter readings as the Commission may require Office of Regulatory Staff requires, all to the end that the Commission Office of Regulatory Staff, in the performance of its duties in relation to intrastate operations and rates in this State, may at all times be able to determine with reasonable accuracy the results of the intrastate operations in this State of such the electrical utility apart from its interstate operation or its operations in any other state or states and to segregate with reasonable precision the property devoted to interstate service or to the services of any other state or states."

SECTION    199.    Section 58-27-1720 of the 1976 Code is amended to read:

"Section 58-27-1720.    Any electrical utility, except a municipality, desiring to issue any securities may apply to the commission for approval of the proposed issue by filing with the commission and providing a copy of an application to the Office of Regulatory Staff, together with a statement verified by (a) its president and secretary or other proper officers, (b) two of its incorporators, or (c) by its owner or owners, if it have no such officers, setting forth:

(1)    The the amount and character of securities proposed to be issued;

(2)    The the purpose for which they are to be issued;

(3)    The the consideration for which they are to be issued;

(4)    The the description and estimated value of the property, if any, to be acquired through the proposed issue;

(5)    The the terms and conditions of their issuance; and

(6)    The the financial condition of the electrical utility and its previous operations so far as relevant."

SECTION    200.    Section 58-27-1730 of the 1976 Code is amended to read:

"Section 58-27-1730.    The Commission shall Office of Regulatory Staff must thereupon make such an investigation as may be necessary, at which investigation the electrical utility shall be is entitled to be heard before the commission. The commission shall must determine whether the purpose of the issue is proper, shall value the property or services, if any, to be acquired by the issue, and it shall find and determine the amount of such securities reasonably necessary for the purpose for which they are to be issued. To the extent that the commission may approve approves the proposed issue, it shall must grant to the electrical utility a certificate of authority stating:

(1)    The the amount of such the securities reasonably necessary for the purpose for which they are to be issued and the character of the same securities; and

(2)    The the value of any property or services, if any, to be acquired thereby. Nothing herein contained shall be construed to impose or imply any guaranty or obligation as to such the securities on the part of the State or any agency thereof, nor shall the commission, by virtue of the approval of the issuance of such securities, be deemed to be required to prescribe or approve any rate for the reason that such rate may be necessary to provide funds reasonably sufficient to retire such securities or the interest thereon."

SECTION    201.    Section 58-27-1920 of the 1976 Code is amended to read:

"Section 58-27-1920.    All hearings, investigations and proceedings shall must be governed by law and by rules of practice and procedure adopted by the commission."

SECTION    202.    Section 58-27-1940 of the 1976 Code is amended to read:

"Section 58-27-1940.    The Commission on its own motion or any Any person, corporation, or municipality having an interest in the subject matter, including any electrical utility concerned, may complain petition in writing setting forth any act or thing done or omitted to be done by any electrical utility in violation, or claimed violation, of any law which the commission has jurisdiction to administer or of any order or rule of the Commission commission."

SECTION    203.    Section 58-27-1950 of the 1976 Code is amended to read:

"Section 58-27-1950.    Upon the filing of a complaint petition, the commission shall must cause a copy thereof to be served upon the person, corporation, or electrical utility complained of which is the subject of the petition, and the Office of Regulatory Staff."

SECTION    204.    Section 58-27-1970 of the 1976 Code is amended to read:

"Section 58-27-1970.    Service of all complaints pleadings or notices in all hearings, investigations and proceedings pending before the commission, except service of the processes provided for by Section 58-27-1960, may be made personally or by mail as the commission may direct."

SECTION    205.    Section 58-27-1990 of the 1976 Code is amended to read:

"Section 58-27-1990.    The commission may dismiss any complaint petition without a hearing if in its opinion a hearing is not necessary in the public interest or for the protection of substantial rights."

SECTION    206.    Section 58-27-2000 of the 1976 Code is amended to read:

"Section 58-27-2000.    The Commission and each of the commissioners, For the purposes mentioned in this chapter, commissioners may administer oaths, examine witnesses, consistent with the Code of Judicial Conduct, and certify official acts."

SECTION    207.    Section 58-27-2010 of the 1976 Code is amended to read:

"Section 58-27-2010.    In case of failure on the part of any person to comply with any lawful order of the commission or of any commissioner or with any subpoena or subpoena duces tecum or in the case of the refusal of any witness to testify concerning any matter on which he may be interrogated lawfully, any court of record of general jurisdiction, or a judge thereof, may, on application of the Commission or of a commissioner of a party requesting a subpoena, compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein. The commission must not be a party to any proceeding."

SECTION    208.    Section 58-27-2020 of the 1976 Code is amended to read:

"Section 58-27-2020.    Any investigation, inquiry, or hearing which the commission has power to undertake or hold may be undertaken or held by or before any one or more of the commissioners, upon condition,; however, that such the commissioner or commissioners shall must have been authorized by the commission to undertake or hold such investigation, inquiry or the hearing. Each investigation, inquiry or hearing before or by any such a commissioner or commissioners shall be deemed to be the investigation, inquiry and must be considered the hearing of the commission. Any determination, ruling, or order of a commissioner or commissioners, upon any such investigation, inquiry or a hearing undertaken or held by him or them shall, must not become effective until due notice has been given to the commission and the same determination, ruling, or order has been approved and confirmed by at least a quorum of the commission and ordered to be filed in its office. Upon such confirmation and order, the determination, ruling, or order shall be the determination, ruling, or order of the commission."

SECTION    209.    Section 58-27-2030 of the 1976 Code is amended to read:

"Section 58-27-2030.    In any investigation, inquiry or hearing, the commission may employ a special agent or examiner who shall have power to administer oaths, examine witnesses, consistent with the Code of Judicial Conduct, and receive evidence in any locality which the commission, having regard to the public convenience and the proper discharge of its functions and duties, may designate. The testimony and evidence so taken or received shall have the same force and effect as if taken or received by the commission or any one or more of the commissioners as above provided."

SECTION    210.    Section 58-27-2040 of the 1976 Code is amended to read:

"Section 58-27-2040.    At the time fixed for any hearing before the commission or a commissioner or the time to which the same may have been continued, the complainant petitioner and the person, corporation, or the affected electrical utility complained of shall be is entitled to be heard and to introduce evidence, in person or by attorney."

SECTION    211.    Section 58-27-2050 of the 1976 Code is amended to read:

"Section 58-27-2050.    The Commission, any commissioner Office of Regulatory Staff or any party to the proceedings may, in any investigation or hearing before the commission, cause the depositions of witnesses residing within or without the State to be taken in the manner prescribed by law for taking depositions in civil actions in the courts of this State."

SECTION    212.    Section 58-27-2060 of the 1976 Code is amended to read:

"Section 58-27-2060.    No person shall be is excused from testifying or from producing any book, document, paper, or account in any investigation or inquiry by, or hearing before, the commission or any commissioner, when ordered to do so, upon the ground that the testimony or evidence, book, document, paper, or account required of him may tend to incriminate him or subject him to penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any forfeiture or penalty for or on account of any act, transaction, matter, or thing concerning which he shall have been compelled under oath to testify or produce documentary evidence. But no person so testifying shall be is exempt from prosecution or punishment for any perjury committed by him in his testimony."

SECTION    213.    Section 58-27-2070 of the 1976 Code is amended to read:

"Section 58-27-2070.    Copies of official documents and orders filed or deposited according to law in the office of the commission or the Office of Regulatory Staff, certified by a commissioner or by the secretary clerk of the commission under its official seal or the executive director of the Office of Regulatory Staff to be true copies of the original, shall be evidence in like manner as the originals in all matters before the commission and in the courts of this State. The commission by rule and the Office of Regulatory Staff may prescribe reasonable charges to be paid for furnishing authenticated copies of such documents and orders."

SECTION    214.    Section 58-27-2090 of the 1976 Code, as amended by Act 138 of 1983, is further amended to read:

"Section 58-27-2080.    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 in a pending proceeding, for the information of the commission and the other parties 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."

SECTION    215.    Section 58-27-2130 of the 1976 Code is amended to read:

"Section 58-27-2130.    The commission may at any time, except in those cases provided for in Section 58-27-2150, after notice and after opportunity to be heard as provided in the case of complaints petitions, rescind or amend any order or decision made by it. Any order rescinding or amending a prior order or decision, after notice thereof, either personal or by registered mail, has been given to the electrical utility affected and to the other parties to the proceedings, shall have the same effect as is herein provided for original orders or decisions, but no such order shall affect the legality or validity of any acts done pursuant to the original order before service of notice of such change."

SECTION    216.    Section 58-27-2310 of the 1976 Code is amended to read:

"Section 58-27-2310.    Any party in interest being dissatisfied with an order of the commission may commence an action in any court of competent jurisdiction against the Commission and other interested parties as defendants to vacate or set aside the order, either in whole or in part, any such order on the ground that the order is unlawful or unreasonable. But no cause of action shall accrue to vacate or set aside, either in whole or in part, any order of the commission, except an order on a rehearing, unless a petition to the commission for a rehearing has been filed and refused or deemed refused because of the commission's failure to act thereon within twenty days. Any action brought hereunder must be commenced within thirty days from the date of service of notice of the order of the commission on a rehearing or of its refusal of a petition for rehearing, either by order or failure to act thereon within twenty days. The commission must not be a party to any action."

SECTION    217.    Section 58-27-2330 of the 1976 Code is amended to read:

"Section 58-27-2330.    All actions and proceedings for review under this chapter and all actions or proceedings to which the Commission Office of Regulatory Staff or the State or any of its governmental agencies may be parties and in which any question arises under this chapter or under or concerning any order or decision of the commission thereunder shall be given priority of hearing in all courts over all other civil causes except election cases, irrespective of position on the calendar."

SECTION    218.    Section 58-27-2440 of the 1976 Code is amended to read:

"Section 58-27-2440.    Actions to recover penalties under this chapter shall be brought in the name of the State by the Office of Regulatory Staff in any court of competent jurisdiction."

SECTION    219.    Section 58-31-380 of the 1976 Code is amended to read:

"Section 58-31-380.    The Public Service Authority shall annually report to the Public Service Commission Office of Regulatory Staff in the same manner as electric cooperatives as to the rates charged by it."

SECTION    220.    Section 58-33-10 of the 1976 Code is amended to read:

"Section 58-33-10.    This chapter shall be known, and may be cited, as the 'Utility Facility Siting and Environmental Protection Act.'"

SECTION    221.    Section 58-33-20 of the 1976 Code is amended to read:

"Section 58-33-20.    The following words, when used in this chapter, shall have has the following meanings, unless otherwise clearly apparent from the context:

(1)    The word term 'commission' shall mean means Public Service Commission.

(2)    The words term 'major utility facility' shall mean means:

(a)    Electric electric generating plant and associated facilities designed for, or capable of, operation at a capacity of more than seventy-five megawatts.

(b)    An an electric transmission line and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more; provided, however, that the words 'major utility facility' shall not include electric distribution lines and associated facilities, nor shall the words 'major utility facility' include electric transmission lines and associated facilities leased to and operated by (or which upon completion of construction are to be leased to and operated by) the South Carolina Public Service Authority.

(3)    The words term 'commence to construct' shall mean means any clearing of land, excavation or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying or changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions.

(4)    The word term 'municipality' shall mean means any county or municipality within this State.

(5)    The word term 'person' shall include includes any individual, group, firm, partnership, corporation, cooperative, association, government subdivision, government agency, local government, municipality, any other organization, or any combination of any of the foregoing, but shall not include the South Carolina Public Service Authority.

(6)    The words term 'public utility' or 'utility' shall mean means any person engaged in the generating, distributing, sale, delivery, or furnishing of electricity for public use.

(7)    The word term 'land' shall mean means any real estate or any estate or interest therein, including water and riparian rights, regardless of the use to which it is devoted.

(8)    The word term 'certificate' shall mean means a certificate of environmental compatibility and public convenience and necessity.

(9)    The term 'regulatory staff' means the executive director or the executive director and the employees of the Office of Regulatory Staff."

SECTION    222.    Section 58-33-120 of the 1976 Code is amended to read:

"Section 58-33-120.    (1)    An applicant for a certificate shall file an application with the commission an application, in such form as the commission may prescribe, containing. The application must contain the following information:

(a)    A a description of the location and of the major utility facility to be built.;

(b)    A a summary of any studies which have been made by or for applicant of the environmental impact of the facility.;

(c)    A a statement explaining the need for the facility.; and

(d)    Such any other information as the applicant may consider relevant or as the commission may by regulation or order require. A copy of the study referred to in item (b) above shall be filed with the commission, if ordered, and shall be available for public information.

(2)    Each application shall be accompanied by proof of service of a copy of the application on the Office of Regulatory Staff, the chief executive officer of each municipality, and the head of each State state and local government agency, charged with the duty of protecting the environment or of planning land use, in the area in the county in which any portion of the facility is to be located. The copy of the application shall be accompanied by a notice specifying the date on or about which the application is to be filed.

(3)    Each application shall also must be accompanied by proof that public notice was given to persons residing in the municipalities entitled to receive notice under subsection (2) of this section, by the publication of a summary of the application, and the date on or about which it is to be filed, in newspapers of general circulation as will serve substantially to inform such persons of the application.

(4)    Inadvertent failure of service on, or notice to, any of the municipalities, government agencies or persons identified in subsections (2) and (3) of this section may be cured pursuant to orders of the commission designed to afford them adequate notice to enable their effective participation in the proceeding. In addition, the commission may, after filing, require the applicant to serve notice of the application or copies thereof, or both, upon such other persons, and file proof thereof, as the commission may deem appropriate.

(5)    An application for an amendment of a certificate shall be in such form and contain such information as the commission shall prescribe. Notice of the application shall be given as set forth in subsections (2) and (3) of this section."

SECTION    223.    Section 58-33-140 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 58-33-140.    (1)    The parties to a certification proceeding shall include:

(a)    The the applicant.;

(b)    The the Office of Regulatory Staff, the Department of Health and Environmental Control, the Department of Natural Resources, and the Department of Parks, Recreation and Tourism.;

(c)    Each each municipality and government agency entitled to receive service of a copy of the application under subsection (2) of Section 58-33-120 if it has filed with the commission a notice of intervention as a party within thirty days after the date it was served with a copy of the application.; and

(d)    Any any person residing in a municipality entitled to receive service of a copy of the application under subsection (2) of Section 58-33-120, any domestic nonprofit organization, formed in whole or in part to promote conservation or natural beauty, to protect the environment, personal health or other biological values, to preserve historical sites, to promote consumer interest, to represent commercial and industrial groups, or to promote the orderly development of the area in which the facility is to be located; or any other person, if such a person or organization has petitioned the commission for leave to intervene as a party, within thirty days after the date given in the published notice as the date for filing the application, and if the petition has been granted by the commission for good cause shown.

(2)    Any person may make a limited appearance in the sixty days after the date given in the published notice as the date for filing the application. No person making a limited appearance shall be a party or shall have the right to present oral testimony or argument or cross-examine witnesses.

(3)    The commission may, in extraordinary circumstances for good cause shown, and giving consideration to the need for timely start of construction of the facility, grant a petition for leave to intervene as a party to participate in subsequent phases of the proceeding, filed by a municipality, government agency, person, or organization which is identified in paragraphs (b) or (c) of subsection (1) of this section, but which failed to file a timely notice of intervention or petition for leave to intervene, as the case may be."

SECTION    224.    Section 58-33-310 of the 1976 Code is amended to read:

"Section 58-33-310.    Any party may appeal, in accordance with Section 1-23-380, from all or any portion of any final order or decision of the commission, including conditions of the certificate required by a State state agency under Section 58-33-160 as provided by Section 58-27-2310. Any appeals may be called up for trial out of their order by either party. The commission must not be a party to an appeal."

SECTION    225.    Section 58-33-320 of the 1976 Code is amended to read:

"Section 58-33-320.    Except as expressly set forth in Section 58-33-310, no court of this State shall have jurisdiction to hear or determine any issue, case, or controversy concerning any matter which was or could have been determined in a proceeding before the commission under this chapter or to stop or delay the construction, operation, or maintenance of a major utility facility, except to enforce compliance with this chapter or the provisions of a certificate issued hereunder, and any such action shall be brought only by the Commission Office of Regulatory Staff. Provided, however, nothing herein contained shall be construed to abrogate or suspend the right of any individual or corporation not a party to maintain any action which he might otherwise have been entitled."

SECTION    226.    Section 58-33-420 of the 1976 Code is amended to read:

"Section 58-33-420.    The commission, in the discharge of its duties under this chapter or any other statute, is authorized to make joint investigations, hold joint hearings within or without the State and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any other state of the United States, whether in the holding of such investigations or any hearings, or in the making of such orders, the commission shall function under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce or as an agency of the United States, or otherwise. The commission, in the discharge of its duties under this chapter, is authorized to negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of Congress, for cooperative efforts in certificating the construction, operation, and maintenance of major utility facilities in accord with the purposes of this chapter and for the enforcement of the respective state laws regarding same. The commission may request the Office of Regulatory Staff to make joint investigations with any official board or commission of any state or of the United States."

SECTION    227.    Section 58-33-430 of the 1976 Code is amended to read:

"Section 58-33-430.    Each public utility shall annually furnish a report to the commission and provide to the Office of Regulatory Staff for its review containing a ten-year forecast of loads and resources; provided, however, this section shall not apply to any electric cooperative. The report shall list the major utility facilities which, in the judgment of such utility, will be required to supply system demands during the forecast period. The forecast shall cover the ten-year period next succeeding the date of the report, shall be made available to the public and furnished upon request to municipalities and government agencies charged with the duty of protecting the environment or of planning land use."

SECTION    228.    Section 58-35-70 of the 1976 Code, as last amended by Act 216 of 2002, is further amended to read:

"Section 58-35-70.    (A)    Operators must form and operate an association providing for mutual receipt of Section 58-35-60 notification of excavation or demolition operations in a defined geographical area. An association that provides this service on behalf of operators having utilities within South Carolina must file with the South Carolina Public Service Commission and provide to the Office of Regulatory Staff the telephone number and address of the association, a description of the geographical area served by the association, and a list of the names and addresses of each operator receiving this service from the association.

(B)    The association must file with the Chairman of the House of Representatives Labor, Commerce and Industry Committee and the Chairman of the Senate Judiciary Committee, not later than April fifteenth of each year, a report covering the activities and operations of the association for the preceding calendar year including, but not limited to, information reflecting: average speed of answer; abandoned call rate; transmit times; total number of locate requests; total number of transmissions; and a disaster recovery plan.

(C)    No operator is required to join an association."

SECTION    229.    Section 44-55-120(C) of the 1976 Code is amended to read:

"(C)    There is established a Safe Drinking Water Advisory Committee for the purpose of advising and providing an annual review to the department and General Assembly on the fee schedule and the use of revenues deposited in the Drinking Water Trust Fund. The Governor shall appoint the advisory committee which must be composed of one member representing water systems with fifty thousand or more service connections, one member representing water systems with at least twenty-five thousand but fewer than fifty thousand service connections, one member representing water systems with at least ten thousand but fewer than twenty-five thousand water service connections, one member representing water systems with at least one thousand but fewer than ten thousand service connections, one member representing water systems with fewer than one thousand service connections, and the State Consumer Advocate Executive Director of the Office of Regulatory Staff and the Commissioner of the Department of Health and Environmental Control, or a designee."

SECTION    230.    Section 48-46-40(B)(2), (B)(4), (B)(6), (B)(9), (B)(11), (C), and (E)(2) of the 1976 Code, as added by Act 357 of 2000, is amended to read:

"(2)    In identifying the allowable costs for operating a regional disposal facility, the PSC shall:

(a)    prescribe a system of accounts, using generally accepted accounting principles, for disposal site operators, using as a starting point the existing system used by site operators;

(b)    obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC;

(c) assess penalties against disposal site operators if the PSC determines that they have failed to comply with regulations pursuant to this section; and

(d)(c)    require periodic reports from site operators that provide information and data to the PSC and parties to these proceedings. The Office of Regulatory Staff shall obtain and audit the books and records of the site operators associated with disposal operations as determined applicable by the PSC.

(4)    Within 90 ninety days following the end of a fiscal year, a site operator may file an application with the PSC to adjust the level of an allowable cost under subsection (3), or to allow a cost not previously designated an allowable cost. A copy of the application must be provided to the Office of Regulatory Staff. The PSC shall process such application in accordance with its procedures. If such application is approved by the PSC, the PSC shall authorize the site operator to adjust allowable costs for the current fiscal year so as to compensate the site operator for revenues lost during the previous fiscal year.

(6)    The site operator shall prepare and file with the PSC a Least Cost Operating Plan. The plan must be filed within forty-five days of enactment of this chapter and must be revised annually. The plan shall include information concerning anticipated operations over the next ten years and shall evaluate all options for future staffing and operation of the site to ensure least cost operation, including information related to the possible interim suspension of operations in accordance with subsection (B)(7). A copy of the plan must be provided to the Office of Regulatory Staff.

(9)    In all proceedings held pursuant to this section, the board shall participate as a party representing the interests of the State of South Carolina, and the compact commission may participate as a party representing the interests of the compact states. The Consumer Advocate Executive Director of the Office of Regulatory Staff and the Attorney General of the State of South Carolina shall be parties to any such proceeding. Representatives from the Department of Health and Environmental Control shall participate in proceedings where necessary to determine or define the activities that a site operator must conduct in order to comply with the regulations and license conditions imposed by the department. Other parties may participate in the PSC's proceedings upon satisfaction of standing requirements and compliance with the PSC's procedures. Any site operator submitting records and information to the PSC may request that the PSC treat such records and information as confidential and not subject to disclosure in accordance with the PSC's procedures.

(11)    At any time the compact commission, the board, or any generator subject to payment of rates set pursuant to this chapter may file a complaint petition against a site operator alleging that allowable costs identified pursuant to this chapter are not in conformity with the directives of this chapter or the directives of the PSC or that the site operator is otherwise not acting in conformity with the requirements of this chapter or directives of the PSC. Upon filing of the complaint petition, the PSC shall cause a copy of the complaint petition to be served upon the site operator. The complaining petitioning party has the burden of proving that allowable costs or the actions of the site operator do not conform. The hearing shall conform to the rules of practice and procedure of the PSC for other complaint cases.

(C)    The operator of a regional disposal facility shall submit to the South Carolina Department of Revenue, the PSC, the Office of Regulatory Staff, and the board within thirty days following the end of each quarter a report detailing actual revenues received in the previous fiscal quarter and allowable costs incurred for operation of the disposal facility.

(2)    All revenues in excess of two million dollars received from waste disposed during the previous fiscal year must be deposited in a fund called the 'Nuclear Waste Disposal Receipts Distribution Fund'. Any South Carolina waste generator whose disposal fees contributed to the fund during the previous fiscal year may submit a request for a rebate of 33.33 percent of the funds paid by the generator during the previous fiscal year for disposal of waste at a regional disposal facility. These requests along with invoices or other supporting material must be submitted in writing to the State Treasurer within fifteen days of the end of the fiscal year. For this purpose disposal fees paid by the generator must exclude any fees paid pursuant to Section 48-46-60(C) for compact administration and fees paid pursuant to Section 48-46-60(B) for reimbursement of the PSC, the Office of Regulatory Staff, the State Treasurer, and the board for administrative expenses under this chapter. Upon validation of the request and supporting documentation by the State Treasurer, the State Treasurer shall issue a rebate of the applicable funds to qualified waste generators within sixty days of the receipt of the request. If funds in the Nuclear Waste Disposal Receipts Distribution Fund are insufficient to provide a rebate of 33.33 percent to each generator, then each generator's rebate must be reduced in proportion to the amount of funds in the account for the applicable fiscal year."

SECTION    231.    Section 48-52-440(12) of the 1976 Code, as added by Act 449 of 1992, is further amended to read:

"(12)    two representatives of individual consumers; one must be the State Consumer Advocate Executive Director of the Office of Regulatory Staff or the Consumer Advocate's his designee, who shall serve ex officio;"

SECTION 232.    Section 2-20-10 of the 1976 Code is amended to read:

"Section 2-20-10.    Except as otherwise provided in Section 58-3-26 Sections 58-3-520 and 58-3-530, whenever an election is to be held by the General Assembly in joint session, except for members of the judiciary, a joint committee composed of eight members, four of whom must be members of the House of Representatives and four of whom must be members of the Senate, must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members are selected. Each joint committee shall meet as soon after its appointment as practicable and elect one of its members as chairman, one as secretary, and other officers as it considers desirable."

SECTION    233.    Sections 58-5-280, 58-9-840, 58-11-590, and 58-27-60 of the 1976 Code are repealed.

SECTION    234.    Nothing in this act shall be deemed to repeal or modify any prior act of the General Assembly that removes or modifies the regulation of any service provided by any telephone utility.

SECTION    235.    This act takes effect upon approval by the Governor.

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This web page was last updated on Tuesday, June 23, 2009 at 2:08 P.M.