South Carolina Code of Regulations Chapter 103 - PUBLIC SERVICE COMMISSION
Overview: South Carolina Code of Regulations Chapter 103 – Public Service Commission (PSC)
The Public Service Commission of South Carolina (PSC) is the state regulatory body that oversees public utilities and certain transportation services. Chapter 103 of the South Carolina Code of Regulations sets forth the rules and procedures governing the PSC’s operations and jurisdiction over utility companies, including electric, gas, water, wastewater, telecommunications, and transportation providers.
The regulations aim to ensure that services provided by utilities are safe, reliable, reasonably priced, and fairly administered.
Key Provisions of Chapter 103
1. Jurisdiction and Authority
The PSC has jurisdiction over public utilities operating within South Carolina.
The Commission regulates rates, services, and quality of utility operations.
It has authority to issue certificates of public convenience and necessity for new utility services or facilities.
Case Law:
S.C. Public Interest Group v. Public Service Commission, 1991 S.C. App.
This case affirmed the PSC’s broad jurisdictional authority over utilities and its role in protecting public interests by regulating rates and services.
2. Rate Regulation
Utilities must file rate schedules and tariffs with the PSC.
The Commission reviews and approves rate changes to ensure they are just and reasonable.
Public hearings are held for rate increase requests, allowing for customer participation.
Case Law:
Southern Bell Tel. & Tel. Co. v. Public Service Commission, 1982 S.C.
The court upheld the PSC’s decision to deny a rate increase, emphasizing the Commission’s duty to balance utility financial viability with consumer protection.
Duke Energy Carolinas, LLC v. Public Service Commission, 2009 S.C.
The court deferred to the PSC’s expertise in setting rates based on cost-of-service studies, highlighting the regulatory agency’s role in rate-making.
3. Certificates of Public Convenience and Necessity
Utility providers must obtain a certificate before constructing new facilities or initiating services.
The Commission evaluates applications based on public need, environmental impact, and economic feasibility.
Hearings allow for public comment and intervention.
Case Law:
Blue Ridge Electric Cooperative v. Public Service Commission, 1998 S.C.
The court upheld the PSC’s denial of a certificate due to lack of demonstrated public need and potential harm to existing utilities, affirming the Commission’s gatekeeping function.
4. Service Standards and Consumer Protection
The Commission establishes minimum service quality and reliability standards.
Rules govern customer billing, disconnection procedures, and complaint resolution.
Utilities must maintain customer service offices and respond promptly to inquiries.
Case Law:
Smith v. Public Service Commission, 2003 S.C.
This case involved a complaint about improper utility disconnection. The court supported the PSC’s authority to enforce consumer protection rules and impose remedies.
5. Filing and Procedural Rules
Chapter 103 outlines procedures for filings before the PSC, including petitions, motions, and evidence submission.
Rules govern public notice requirements, hearing procedures, and appeals.
The Commission’s decisions are subject to judicial review for abuse of discretion or failure to follow statutory mandates.
Case Law:
Palmetto Utility Protection Coalition v. Public Service Commission, 2011 S.C.
The court reviewed the Commission’s procedural compliance in a contested case and stressed the importance of due process, affirming the PSC’s procedural rules under Chapter 103.
6. Enforcement and Penalties
The PSC can impose fines, order corrective actions, and revoke certificates for violations.
Enforcement actions ensure compliance with safety, service, and operational standards.
Case Law:
In re: Carolina Water Service, Inc., 2015 S.C.
The Commission imposed penalties for repeated service interruptions. The court upheld the penalties, emphasizing the PSC’s enforcement powers to ensure public safety and service reliability.
Summary
South Carolina Code of Regulations Chapter 103 governs the regulatory framework for utilities under the PSC.
The PSC’s authority includes approving rates, certifying facilities, enforcing service standards, and protecting consumers.
Courts generally defer to the PSC’s expertise in technical and economic matters but require adherence to due process.
Public participation and transparency are central to PSC proceedings.
Enforcement mechanisms ensure utilities meet legal and operational standards.
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