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Section 58-4-10. Office of Regulatory Staff created; representation of "public interest" in actions before commission; restrictions of communications.

SC Code § 58-4-10 (2019) (N/A)
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(A) There is hereby created the Office of Regulatory Staff as a separate agency of the State with the duties and organizations as hereinafter provided.

(B) Unless and until it chooses not to participate, the Office of Regulatory Staff must be considered a party of record in all filings, applications, or proceedings before the commission. The regulatory staff must represent the public interest of South Carolina before the commission. For purposes of this chapter only, "public interest" means the concerns of the using and consuming public with respect to public utility services, regardless of the class of customer, and preservation of continued investment in and maintenance of utility facilities so as to provide reliable and high quality utility services.

(C) The Office of Regulatory Staff is subject to the provision of Section 58-3-260 prohibiting ex parte communications with the commission, and any advice given to the commission by the regulatory staff must be given in a form, forum, and manner as may lawfully be given by any other party or person.

HISTORY: 2004 Act No. 175, Section 6; eff July 1, 2004, as to subjections (A) and (C); eff January 1, 2005, as to subsection (B); 2018 Act No. 258 (H.4375), Section 8, eff June 28, 2018; 2019 Act No. 62 (H.3659), Section 12, eff May 16, 2019.

Editor's Note

2018 Act No. 258, Section 12, provides as follows:

"SECTION 12. This act takes effect upon approval by the Governor and applies to all cases, proceedings, petitions, or matters pending before the Public Service Commission or in any other court or venue on or after the effective date of this act."

Effect of Amendment

2018 Act No. 258, Section 8, rewrote (B).

2019 Act No. 62, Section 12, in (B), in the third sentence, inserted "only" following "For purposes of this chapter", and made a nonsubstantive change.

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Section 58-4-10. Office of Regulatory Staff created; representation of "public interest" in actions before commission; restrictions of communications.