S.954. A JOINT RESOLUTION TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL NOT HOLD A HEARING ON THE MERITS BEFORE NOVEMBER 1, 2018, FOR A DOCKET IN WHICH REQUESTS WERE MADE PURSUANT TO THE BASE LOAD REVIEW ACT, EXCEPT THAT THE COMMISSION MAY HOLD AN ADMINISTRATIVE OR PROCEDURAL HEARING FOR SUCH A DOCKET PRIOR TO A HEARING ON THE MERITS, AND TO PROVIDE THAT THE COMMISSION MUST ISSUE A FINAL ORDER ON THE MERITS FOR A DOCKET IN WHICH REQUESTS WERE MADE PURSUANT TO THE BASE LOAD REVIEW ACT NO LATER THAN DECEMBER 21, 2018; TO PROVIDE THAT NO FINAL DETERMINATION OF MATTERS DESCRIBED IN THIS JOINT RESOLUTION, WHETHER BY A FINAL ORDER ISSUED BY THE COMMISSION OR BY OPERATION OF LAW, SHALL OCCUR EARLIER THAN THE TIME PERIOD PRESCRIBED ABOVE, AND TO PROVIDE THAT THE COMMISSION'S FAILURE TO ISSUE A FINAL ORDER PRIOR TO THE TIME PERIOD ESTABLISHED IN THIS JOINT RESOLUTION SHALL NOT CONSTITUTE APPROVAL BY THE COMMISSION, AND A UTILITY MUST NOT PUT INTO EFFECT THE CHANGE IN RATES IT REQUESTED IN ITS SCHEDULE; AND TO SUSPEND PROVISIONS IN TITLE 58 OF THE 1976 CODE THAT ARE IN CONFLICT WITH THE PROVISIONS OF THIS JOINT RESOLUTION FOR MATTERS RELATED TO THE V.C. SUMMER NUCLEAR REACTOR UNITS 2 AND 3 UNTIL THE PUBLIC SERVICE COMMISSION ISSUES ITS FINAL ORDER IN THE MATTER. - ratified title

South Carolina Senate
Last action 24 days ago
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Summary

                    A joint resolution to provide for an experimental rate for customers of a public utility who are paying costs associated with the Base Load Review Act. To prohibit the public service commission from holding a hearing on the merits for a matter related to the base load review act before November 1, 2018, but must issue a final order on the merits by December 21, 2018; and to suspend provisions in title 58 that are in conflict with the provisions of this joint resolution for matters related to the v.c. summer nuclear reactor units 2 and 3 until the public service commission issues its final order in the matter.
                
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                    Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1A.    The Public Service Commission shall enter an order to provide an experimental rate that customers of a public utility who are paying costs associated with the Base Load Review Act shall pay during the pendency of matters defined in this joint resolution. This experimental rate shall be the electric utility rates these ratepayers are paying as of the effective date of this joint resolution reduced by any rate increases imposed pursuant to the Base Load Review Act after the Public Service Commission's revised rates Order, Order Number 2011-738 in docket 2011-207-E , that was issued on September 30, 2011. The Public Service Commission must enter this order for experimental rates within three business days after the effective date of this joint resolution. The experimental rate shall be in effect from April 1, 2018, until the issuance of the Public Service Commission's final order on the merits, described in SECTION 2.

(B)    Within thirty business days after the issuance of the experimental rate order, the Public Service Commission shall hold a hearing as to the net effect of the experimental rate. The Public Service Commission may alter the experimental rate if it determines that an adjustment is necessary to ensure SCANA does not become insolvent before the Public Service Commission issues its final order on the merits. If required to adjust the rate, the Public Service Commission shall determine the just and reasonable rates for these ratepayers and must set the lowest possible rate so that SCANA does not become insolvent during the period before the Public Service Commission issues its final order on the merits. The Public Service Commission must issue an order as to its findings within 5 business days after the conclusion of this hearing.

SECTION    2.    Notwithstanding the provisions in SECTION 1 for an experimental rate, the Public Service Commission shall not hold a hearing on the merits before November 1, 2018, for a docket in which requests were made pursuant to the Base Load Review Act; however, the Public Service Commission may hold an administrative or procedural hearing for such a docket prior to a hearing on the merits. The Public Service Commission must issue a final order on the merits for a docket in which requests were made pursuant to the Base Load Review Act no later than December 21, 2018.

SECTION    3.    No final determination of matters described in this joint resolution, whether by a final order issued by the Public Service Commission or by operation of law, shall occur earlier than the time period prescribed in SECTION 2. The Public Service Commission's failure to issue a final order prior to the time period established in this joint resolution shall not constitute approval by the Public Service Commission and a utility must not put into effect the change in rates it requested in its schedule.

SECTION    4.    The Public Service Commission shall order investor-owned utilities to provide to the Office of Regulatory Staff and the Public Service Commission an accounting of their estimated tax savings from January 1, 2018 through December 31, 2018 resulting from the federal Tax Cuts and Jobs Act as expeditiously as possible. The Public Service Commission shall issue an order within fifteen business days after the receipt of this information to provide that investor-owned utility customers receive these estimated tax savings. On March 1, 2019, all investor-owned utilities must submit to the Office of Regulatory Staff and the Public Service Commission the actual tax savings, as well as any related tax benefits received, so that they may have the opportunity to true up the actual savings and benefits received.

SECTION    5.    Any statute in Title 58 in conflict with the provisions of this joint resolution are suspended for purposes of the utility rates for matters related to V.C. Summer Nuclear Reactor Units 2 and 3 at Jenkinsville, South Carolina. This suspension remains in effect until the Public Service Commission issues its final order in this matter.

SECTION    6.    If any provision of this joint resolution is held or determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, it is the intention of the General Assembly that the provision is severable from the remaining provisions of this joint resolution and that the holding does not invalidate or render unenforceable another provision of this joint resolution.

SECTION    7.    This joint resolution takes effect upon approval by the Governor.
                

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Actions

  • Ratified R 285

    Thu, Jun 28th 2018
  • Roll call Yeas-115 Nays-0

    Wed, Jun 27th 2018
  • Conference report received and adopted

    Wed, Jun 27th 2018
  • Roll call Ayes-41 Nays-0

    Wed, Jun 27th 2018
  • Conference report received and adopted

    Wed, Jun 27th 2018
  • Ordered enrolled for ratification

    Wed, Jun 27th 2018
  • Conference committee appointed Rutherford, McCoy, Finlay

    Thu, Apr 26th 2018
  • Senate insists upon amendment and conference committee appointed Setzler, Rankin, Massey

    Thu, Apr 26th 2018
  • Roll call Yeas-7 Nays-104

    Wed, Apr 25th 2018
  • Non-concurrence in Senate amendment

    Wed, Apr 25th 2018
  • Scrivener's error corrected

    Thu, Apr 19th 2018
  • Returned to House with amendments

    Wed, Apr 18th 2018
  • House amendment amended

    Wed, Apr 18th 2018
  • Debate interrupted

    Tue, Apr 17th 2018
  • Scrivener's error corrected

    Thu, Mar 29th 2018
  • Roll call Ayes-26 Nays-16

    Wed, Mar 28th 2018
  • House amendment amended

    Wed, Mar 28th 2018
  • Read third time and returned to Senate with amendments

    Thu, Mar 8th 2018
  • Amended

    Wed, Mar 7th 2018
  • Read second time

    Wed, Mar 7th 2018
  • Roll call Yeas-107 Nays-1

    Wed, Mar 7th 2018
  • Committee report: Favorable with amendment Judiciary

    Thu, Mar 1st 2018
  • Introduced and read first time

    Wed, Feb 21st 2018
  • Referred to Committee on Judiciary

    Wed, Feb 21st 2018
  • Read third time and sent to House

    Tue, Feb 20th 2018
  • Scrivener's error corrected

    Thu, Feb 15th 2018
  • Roll call Ayes-35 Nays-0

    Thu, Feb 15th 2018
  • Read second time

    Thu, Feb 15th 2018
  • Debate interrupted

    Wed, Feb 14th 2018
  • Amended

    Wed, Feb 14th 2018
  • Debate interrupted

    Tue, Feb 13th 2018
  • Roll call Ayes-38 Nays-3

    Thu, Feb 8th 2018
  • Special order, set for February 8, 2018

    Thu, Feb 8th 2018
  • Scrivener's error corrected

    Thu, Feb 8th 2018
  • Committee report: Favorable Judiciary

    Wed, Feb 7th 2018
  • Polled out of committee Judiciary

    Wed, Feb 7th 2018
  • Referred to Subcommittee: Rankin (ch), Hutto, Massey, McElveen, Sabb, Gambrell, Climer

    Tue, Feb 6th 2018
  • Referred to Committee on Judiciary

    Wed, Jan 31st 2018
  • Introduced and read first time

    Wed, Jan 31st 2018