South Carolina Code of Regulations Chapter 111 - PUBLIC SERVICE COMMISSION
Here’s a comprehensive overview of South Carolina Code of Regulations, Chapter 111 — Public Service Commission, effective through March 28, 2025. This chapter establishes consumer protection regulations for the lease of renewable energy generation facilities.
🏛️ Statutory Authority
Governing Statutes:
§ 58‑27‑2620
§ 58‑27‑2630
§ 58‑27‑2640
§ 58‑27‑2660
These statutes empower the Office of Regulatory Staff (ORS) to develop and enforce consumer protection regulations related to the sale or lease of renewable energy generation facilities in South Carolina.
📘 Article: Lessors of Renewable Energy Facilities
Subarticle 1 – General Provisions
§ 111‑10: Authorization of Rules
Establishes the legal basis for the regulations, citing § 58‑27‑2660 of the South Carolina Code of Laws.
§ 111‑11: Application of Rules
Specifies that these rules apply to any person, firm, partnership, association, establishment, or corporation engaged in the sale or lease of renewable energy generation facilities in South Carolina.
§ 111‑12: Severability
States that if any provision of these regulations is found to be invalid, the remainder shall continue in effect.
§ 111‑13: Definitions
Provides definitions for terms used throughout the regulations. For example, a "Lease Agreement" is defined as an agreement between a customer and a lessor for the exclusive rights to use a renewable energy facility for a specified period of time.
Subarticle 2 – Application for Certificate
§ 111‑20: Application Required for Certificate
Entities desiring to operate as lessors must file an application with ORS on prescribed forms.
§ 111‑21: Processing of Application
Applications not in compliance with ORS instructions may be rejected if deficiencies are not corrected within 90 days.
§ 111‑22: Certificate
Upon approval, ORS will issue a numbered certificate to the lessor.
Subarticle 3 – Operations of Lessors
§ 111‑30: General Requirements
Lessors must comply with all applicable federal and state laws and regulations.
§ 111‑31: Operations of Lessors
Details operational requirements for lessors, including customer payments and lease agreements. For instance, customer payments must be for the lease of a renewable energy facility only and must not be calculated based on energy savings.
Subarticle 4 – Records and Reports
§ 111‑40: Maintenance of Records
Lessors must maintain records related to lease agreements and customer interactions.
§ 111‑41: Reporting Requirements
Lessors are required to submit annual reports to ORS detailing their operations.
§ 111‑42: Inspection of Records
ORS has the authority to inspect lessors' records to ensure compliance.
Subarticle 5 – Investigation of Alleged Violations
§ 111‑50: Violations
Engaging in practices contrary to the requirements set forth in Title 37, Title 58, Chapter 27, Article 23, Title 58, Chapter 40, and these regulations is considered a violation. ORS is authorized to enforce these provisions.
§ 111‑51: Investigation Procedures
Outlines the procedures ORS follows when investigating alleged violations.
§ 111‑52: Enforcement Actions
Details the actions ORS may take in response to violations, including fines and penalties.
Subarticle 6 – Penalties and Fines
§ 111‑60: General Penalties
Specifies penalties for violations of these regulations.
§ 111‑61: Civil Penalties
Details civil penalties that may be imposed for certain violations.
§ 111‑62: Criminal Penalties
Outlines criminal penalties for willful violations of these regulations.
✅ Summary Table
| Area | Highlights |
|---|---|
| Definitions & Scope | Terms like "Lease Agreement" and "Lessor" are clearly defined. |
| Certification Process | Entities must apply for and obtain a certificate from ORS. |
| Operational Standards | Lessors must comply with federal and state laws; payments must be for leasing only. |
| Recordkeeping & Reporting | Maintenance of records and annual reporting to ORS are required. |
| Enforcement & Penalties | ORS has authority to investigate violations and impose penalties. |
ℹ️ Additional Notes
Consumer Protection Framework: These regulations aim to provide a consumer protection framework applicable to the lease of renewable energy generation facilities.
Enforcement Authority: The Office of Regulatory Staff is authorized to enforce any applicable consumer protection provisions set forth in this title.
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