H 4375 South Carolina House · 2017-2018 Regular Session

AN ACT TO AMEND SECTION 58-33-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE BASE LOAD REVIEW ACT, SO AS TO ADD CERTAIN DEFINITIONS; TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION MUST NOT ACCEPT A BASE LOAD REVIEW APPLICATION, NOR MAY IT CONSIDER ANY REQUESTS MADE PURSUANT TO ARTICLE 4, CHAPTER 33, TITLE 58, OTHER THAN IN A DOCKET CURRENTLY PENDING BEFORE THE COMMISSION, AND TO PROVIDE THAT THE PROVISIONS OF ARTICLE 4, CHAPTER 33, TITLE 58 ARE REPEALED UPON THE CONCLUSION OF LITIGATION CONCERNING THE ABANDONMENT OF V.C. SUMMER UNITS 2 AND 3; BY ADDING CHAPTER 34 TO TITLE 58 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH ELECTRICITY RATES FOR CERTAIN RATEPAYERS WHO ARE PAYING ADDITIONAL CHARGES UNDER THE BASE LOAD REVIEW ACT FOR THE CONSTRUCTION OF NUCLEAR PLANTS OR PROJECTS SHALL BE REVISED AND DETERMINED, AND TO PROVIDE FOR PROCEDURES AND PROVISIONS OF LAW WHICH APPLY AND DO NOT APPLY IN REGARD TO THE ADJUSTMENT OF ELECTRICITY RATES AS PROVIDED BY CHAPTER 34; TO AMEND SECTION 58-33-280, RELATING TO REQUESTS FOR APPROVAL OF REVISED RATES UNDER THE BASE LOAD REVIEW ACT, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION MUST GIVE SUBSTANTIAL WEIGHT TO AN AGREEMENT WHERE BOTH THE OFFICE OF REGULATORY STAFF AND THE UTILITY AGREE ON THE REVISED RATES AND INSTEAD PROVIDE IN THIS INSTANCE THAT THE COMMISSION MAY GIVE WEIGHT TO THE AGREEMENT IN ISSUING ITS REVISED RATES ORDER BUT MAY CONSIDER ADDITIONAL FACTORS AT ITS DISCRETION; TO AMEND SECTION 37-6-602, RELATING TO THE QUALIFICATIONS OF THE CONSUMER ADVOCATE WITHIN THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REVISE THESE QUALIFICATIONS; TO AMEND SECTION 37-6-604, RELATING TO THE FUNCTIONS AND DUTIES OF THE DIVISION OF CONSUMER ADVOCACY, SO AS TO DELETE A PROHIBITION AGAINST THE DIVISION REPRESENTING CONSUMERS IN UTILITY MATTERS, AND PERMIT THE CONSUMER ADVOCATE TO INTERVENE ON BEHALF OF CONSUMERS IN CERTAIN MATTERS BEFORE THE COMMISSION AND APPELLATE COURTS THAT AFFECT CONSUMERS; TO AMEND SECTION 37-6-607, RELATING TO PERMITTING THE CONSUMER ADVOCATE TO MAINTAIN ACTIONS FOR JUDICIAL REVIEW AND TO INTERVENE IN CIVIL PROCEEDINGS ON BEHALF OF CONSUMERS, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT THE ABOVE PROVISIONS DO NOT APPLY IN MATTERS ARISING UNDER TITLE 58 AFFECTING PUBLIC UTILITIES, SERVICES, AND CARRIERS; TO AMEND SECTION 58-4-10, RELATING TO THE OFFICE OF REGULATORY STAFF, SO AS FURTHER DEFINE THE TERM "PUBLIC INTEREST" IN REGARD TO THE OFFICE OF REGULATORY STAFF'S REPRESENTATION OF THE PUBLIC INTEREST BEFORE THE COMMISSION; TO AMEND SECTION 58-4-80, RELATING TO ACTIONS FOR JUDICIAL REVIEW OF ORDERS OF THE COMMISSION, SO AS TO PROVIDE THAT ON APPEAL, THE OFFICE OF REGULATORY STAFF DOES NOT REPRESENT THE COMMISSION; AND TO AMEND SECTION 58-4-55, RELATING TO THE PRODUCTION OF BOOKS, RECORDS, AND INFORMATION AS REQUIRED BY THE OFFICE OF REGULATORY STAFF, AND OTHER PROVISIONS RELATING TO NONCOMPLIANCE, INSPECTIONS, AUDITS, EXAMINATIONS, AND COSTS, SO AS TO REQUIRE SUCH PRODUCTION WITHOUT THE REQUIREMENT OF A CONFIDENTIALITY AGREEMENT OR PROTECTIVE ORDER, EXCEPT UNDER SPECIFIED CIRCUMSTANCES, TO PROVIDE WHEN SUCH INFORMATION MUST BE KEPT CONFIDENTIAL AND WHEN SUCH INFORMATION MAY BE DISCLOSED, TO PROVIDE SPECIFIC PROCEDURES TO PROTECT CONFIDENTIALITY, AND TO ALLOW THE OFFICE OF REGULATORY STAFF TO APPLY IN CIRCUIT COURT FOR SUBPOENAS TO BE ISSUED TO ENTITIES OVER WHICH THE COMMISSION DOES NOT HAVE JURISDICTION. - ratified title

Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2018
Committee Review
Jun 2018
House Passage
Feb 2018
Senate Passage
May 2018
Vetoed
Jun 2018
Introduced Jan 9, 2018 Vetoed Jun 28, 2018
Floor votes · Senate May 10, 2018 · House Jan 31, 2018

How they voted

42–0
Passed
Total votes 42
May 10, 2018
D Democratic15
15 Yea
100% Yea
R Republican27
27 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
50
Key actions
14
Committee
9
Amendments
7
Jun 28, 2018
Vetoed
Veto overridden Ayes-39 Nays-0
upper
Jun 28, 2018
Vetoed
Veto overridden by originating body Yeas-110 Nays-1
lower
Jun 28, 2018
Vetoed
Vetoed by Governor
legislature
Jun 27, 2018
Lower · Passed
Conference report received and adopted
lower
May 10, 2018
Lower · Passed
Conference committee appointed McCoy, Finlay, Rutherford
lower
May 10, 2018
Upper · Passed
Conference committee appointed Setzler, Rankin, Massey
upper
May 10, 2018
Introduced
Non-concurrence in House amendment
upper
May 10, 2018
Introduced
Returned to Senate with amendments
lower
May 10, 2018
Amended
Senate amendment amended
lower
May 10, 2018
Upper · Passed
Read third time and returned to House with amendments
upper
May 10, 2018
Upper · Passed
Amended
upper
May 9, 2018
Upper · Passed
Amended
upper
May 9, 2018
Upper · Passed
Committee Amendment Adopted
upper
May 1, 2018
Upper · Passed
Committee report: Favorable with amendment Judiciary
upper
Feb 20, 2018
Committee
Referred to Subcommittee: Rankin (ch), Hutto, Massey, McElveen, Sabb, Gambrell, Climer
upper
Feb 1, 2018
Committee
Referred to Committee on Judiciary
upper
Feb 1, 2018
Introduced
Introduced and read first time
upper
Feb 1, 2018
Lower · Passed
Read third time and sent to Senate
lower
Jan 31, 2018
Lower · Passed
Amended
lower
Jan 31, 2018
House · Passed
House Vote: pass (118-1-2)
house
Jan 10, 2018
Lower · Passed
Committee report: Favorable with amendment Judiciary
lower
Jan 9, 2018
Committee
Referred to Committee on Judiciary
lower
Jan 9, 2018
Introduced
Introduced and read first time
lower
Nov 9, 2017
Committee
Referred to Committee on Judiciary
lower
32 primary · 0 co-sponsors

Sponsors