Bill 3161

                    Current Status

Bill Number:               3161
Ratification Number:       282
Act Number                 184
Introducing Body:          House
Subject:                   Relating to the Public Service
                           Commission

(A184, R282, H3161)

AN ACT TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE THAT THE EXPENSES OF THE PUBLIC SERVICE COMMISSION MUST BE PAID FROM LICENSE FEES AND TAXES PAID BY ENTITIES OVER WHICH IT HAS JURISDICTION ACCORDING TO ASSESSMENTS OF THE TAX COMMISSION, TO REQUIRE THE COMMISSION TO DOCUMENT ITS DETERMINATION OF FAIR RATE OF RETURN AND TO SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, BUT THE COMMISSION'S JURISDICTION TO REGULATE STREET RAILWAY SERVICE IS NOT AFFECTED, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTION 58-23-1510 AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO BUSES AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.

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

Expenses of Public Service Commission

SECTION 1. Section 58-3-100 of the 1976 Code is amended to read:

"Section 58-3-100. The expenses of the Transportation Division 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, registration fees derived pursuant to Section 58-23-640, and the portion of the fuel stamp fees allocated to the Public Service Commission by the Tax Commission. 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 as defined in Section 58-5-10, telephone utilities as defined in Section 58-9-10, radio common carrier as defined in Section 58-11-10, and electric utilities as defined in Section 58-27-10 under the commission's jurisdiction. On or before the first day of October in each year, the Tax Commission shall assess each utility company and railway company 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. The assessments must be charged against the companies by the Tax Commission and collected by the Tax Commission 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 Tax Commission's actual incremental increase in the cost of administration into the State Treasury as other taxes collected by the Tax Commission for the State.

The Public Service Commission shall certify to the South Carolina Tax Commission annually on or before August first the amounts to be assessed."

Determination of fair rate of return

SECTION 2. Section 58-5-240 of the 1976 Code is amended by adding:

"(H) 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. The commission shall specify an allowable operating margin in all water and wastewater orders."

Determination of fair rate of return

SECTION 3. Section 58-9-540 of the 1976 Code is amended by adding:

"(E) 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."

Regulation of interurban railways

SECTION 4. Section 58-21-10 of the 1976 Code is amended to read:

"Section 58-21-10. All authority, power, and duties conferred by law upon the commission as to steam railways, express and telegraph lines in this State, steamboat lines, and truck lines doing business as common carriers within this State are extended and conferred upon the commission as to all interurban railways, whether steam, electricity, or other power is used by them and whether or not the roads are partly without the corporate limits of towns or cities. The commission may not fix or approve the rates, fares, or charges for interurban railways."

Operation of motor vehicles for transportation of persons or property

SECTION 5. Section 58-23-20 of the 1976 Code is amended to read:

"Section 58-23-20. No corporation or person, his lessees, trustees, or receivers may operate a motor vehicle for the transportation of persons or property for compensation on an improved public highway in this State except in accordance with the provisions of this chapter, except where the use of a motor vehicle is incidental only to the operation, and any such operation is subject to control, supervision, and regulation by the commission in the manner provided by this chapter. The commission may not fix or approve the rates, fares, or charges for buses. Provided, however, nothing herein shall affect the commission's jurisdiction to regulate street railway service or any successor to street railway service under Chapter 5 of Title 58."

Certificates of motor carriers

SECTION 6. Section 58-23-330 of the 1976 Code, as last amended by Act 525 of 1988, is further amended to read:

"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 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."

Regulation of motor carriers

SECTION 7. Section 58-23-1010 of the 1976 Code is amended to read:

"Section 58-23-1010. 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. Any of these agreements when approved by the commission are not in violation of Section 39-3-10.

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

Determination of fair rate of return

SECTION 8. Section 58-27-870 of the 1976 Code is amended by adding:

"(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."

Public Service Commission reauthorized

SECTION 9. In accordance with Section 1-20-60 of the 1976 Code, the existence of the Public Service Commission is reauthorized for six years.

Repeal

SECTION 10. Section 58-23-1510 and Article 19, Chapter 9 of Title 58 of the 1976 Code are repealed.

Time effective

SECTION 11. This act takes effect upon approval by the Governor.