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COMMITTEE REPORT
April 3, 2002
H. 4786
S. Printed 4/3/02--H.
Read the first time February 21, 2002.
To whom was referred a Bill (H. 4786) to amend the Code of Laws of South Carolina, 1976, by adding Section 58-33-115 so as to provide that no person shall give, sell, lease, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 58-33-130(3) of the 1976 Code is amended by adding a new subsection (3) to read:
"(3) Upon receipt of an application to transfer a certificate for a major utility facility known as a 'merchant plant' pursuant to Section 58-33-110(2), the commission shall hold a hearing in the same manner as a hearing is held on an application for a certificate. For purposes of this subsection, a 'merchant plant' means a major utility facility, as defined in Article 3, Chapter 33, Title 58, not constructed by a utility currently serving retail customers in South Carolina and that does not have at least seventy-five percent of its generation capacity under a contract with a duration of at least ten years with utilities which provide retail electric service to customers in South Carolina." /
Renumber sections to conform.
Amend totals and title to conform.
HARRY F. CATO for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-33-115 SO AS TO PROVIDE THAT NO PERSON SHALL GIVE, SELL, LEASE, ASSIGN, TRANSFER, MORTGAGE, PLEDGE, HYPOTHECATE, OR OTHERWISE DISPOSE OF A CERTIFICATE OF ENVIRONMENTAL COMPATIBILITY AND PUBLIC CONVENIENCE AND NECESSITY OR RIGHTS UNDER THE CERTIFICATE ISSUED BY THE PUBLIC SERVICE COMMISSION WITH RESPECT TO THE OPERATION OF A MAJOR UTILITY FACILITY KNOWN AS A "MERCHANT PLANT".
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 58-33-115. Notwithstanding the provisions of Section 58-33-110 or any other provision of law, no person shall give, sell, lease, assign, transfer, mortgage, pledge, hypothecate, or otherwise dispose of whether or not for money, goods, services, or anything of value, a certificate of environmental compatibility and public convenience and necessity or rights under the certificate issued by the Public Service Commission after the effective date of this section with respect to the operation of a major utility facility known as a 'merchant plant'. For purposes of this section, a 'merchant plant' means a major utility facility, as defined in Article 3, Chapter 33, Title 58, not constructed by a utility currently serving retail customers in South Carolina and that does not have at least seventy-five percent of its generation capacity under a contract with a duration of at least ten years with utilities which provide retail electric service to customers in South Carolina."
SECTION 2. This act takes effect upon approval by the Governor.
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