South Carolina Code of Regulations Chapter 111 - PUBLIC SERVICE COMMISSION
Overview of South Carolina Code of Regulations Chapter 111 - Public Service Commission
Chapter 111 of the South Carolina Code of Regulations contains the administrative rules governing the South Carolina Public Service Commission (PSC). The PSC is a state regulatory agency responsible for overseeing public utilities and services, including electricity, water, gas, telecommunications, and transportation services within South Carolina.
The rules in Chapter 111 define the procedures, powers, and responsibilities of the PSC in regulating rates, service standards, safety, and fair competition, while protecting the interests of consumers and ensuring reliable utility services.
Purpose and Scope
The regulations in Chapter 111 provide:
Procedures for utility rate setting and tariff approvals
Requirements for utility service quality and safety standards
Complaint processes and consumer protections
Guidelines for hearings, investigations, and administrative enforcement
Rules regarding franchise applications and certifications for utilities and transportation companies
The Chapter ensures transparent, fair, and efficient regulation of public utilities in South Carolina.
Key Provisions of Chapter 111
1. Rate Regulation and Tariff Approval
Utilities must file rate schedules and tariff changes with the PSC.
The PSC reviews to ensure rates are just, reasonable, and non-discriminatory.
Procedures for public notice, intervention, and hearings related to rate cases.
Methods for determining rate base, operating expenses, and allowed return on investment.
2. Service Quality and Safety
Utilities must meet minimum service standards to ensure safety and reliability.
PSC can require corrective action if service is inadequate or unsafe.
Rules addressing outages, emergency response, and maintenance obligations.
3. Consumer Complaints and Dispute Resolution
Procedures for consumers to file complaints with the PSC.
Investigation and mediation processes to resolve disputes.
Authority to order utilities to remedy issues or compensate consumers when warranted.
4. Licensing and Certification
Regulations for the certification of utilities and transportation providers operating in the state.
Franchise application requirements and transfer procedures.
Compliance requirements for ongoing operations.
5. Administrative Hearings and Enforcement
Rules governing PSC hearings, including evidence submission and procedural rights.
Powers to issue orders, impose penalties, or enforce compliance.
Processes for appeals and judicial review.
Relevant Case Law
Several South Carolina court decisions have interpreted and enforced regulations under Chapter 111. Below are notable examples illustrating key principles:
1. South Carolina Office of Regulatory Staff v. Public Service Commission, 409 S.C. 482, 762 S.E.2d 49 (2014)
Facts: Dispute over PSC’s authority to approve a utility’s rate increase and the methodology used.
Issue: Whether the PSC’s ratemaking procedures complied with statutory and regulatory standards under Chapter 111.
Holding: The South Carolina Supreme Court upheld the PSC’s authority and methodology, emphasizing its broad discretion to balance consumer and utility interests.
Significance: Confirms the PSC’s regulatory discretion in rate setting within the framework of Chapter 111.
2. Duke Energy Carolinas, LLC v. Public Service Commission, 398 S.C. 266, 728 S.E.2d 584 (2012)
Facts: Challenge to the PSC’s order requiring enhanced safety measures and reporting.
Issue: Whether the PSC exceeded its regulatory authority under Chapter 111.
Holding: The court upheld the PSC’s order, recognizing its mandate to ensure safe and reliable utility service.
Significance: Affirms PSC’s authority under Chapter 111 to impose safety regulations on utilities.
3. Consumer Advocate Division v. Public Service Commission, 375 S.C. 290, 652 S.E.2d 371 (2007)
Facts: Consumer complaints about utility billing practices and the PSC’s investigation.
Issue: Whether the PSC’s complaint procedures complied with procedural fairness under Chapter 111.
Holding: The court supported the PSC’s procedures and emphasized the importance of accessible consumer protections.
Significance: Highlights the PSC’s role in consumer complaint resolution under Chapter 111.
Practical Implications
For Utilities: Must comply with comprehensive regulatory filings, service standards, and safety obligations.
For Consumers: Provides mechanisms to challenge unfair rates or poor service through complaint procedures.
For the PSC: Chapter 111 grants broad authority to regulate utilities effectively, balancing various interests.
For Legal Practitioners: Understanding Chapter 111 is critical for advising clients on regulatory compliance and litigating PSC matters.
Summary
South Carolina Code of Regulations Chapter 111 governs the operation, powers, and procedures of the Public Service Commission.
It sets forth rules for utility rate regulation, service standards, consumer protection, and administrative enforcement.
Courts consistently uphold the PSC’s broad regulatory discretion under Chapter 111, supporting its role in balancing consumer and utility interests.
The regulations promote reliable utility service, fair competition, and transparent regulatory processes in South Carolina.
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