South Carolina Code of Regulations
Chapter 103 - PUBLIC SERVICE COMMISSION
Article 7 - WATER UTILITIES
Subarticle 2 - RECORDS AND REPORTS
103-712 - Data to be Filed with the Commission and Provided to the ORS

Universal Citation: SC Code Regs 103-712

103-712. Data to be Filed with the Commission and Provided to the ORS

1. Annual Report. Each utility operating in the State shall file an annual report with the commission and provide a copy to the ORS giving accounting, and other information as the commission directs.

The commission or the ORS will provide an annual report form upon request. If the utility's books are maintained on a calendar year, the annual report must be filed on or before April 1st of each year. If the utility uses a fiscal year other than December 31st, the annual report should be filed within three months after the end of the fiscal year.

2. Current Information and Documents. The utility shall file with the commission and provide a copy to the ORS the following documents and information, and shall maintain such documents and information in a current status.

2.1. Tariff. A copy of each schedule of rates and charges for service, together with the applicable riders, including any rules and regulations or terms and conditions describing policies and practices in rendering service shall be provided to the commission and the ORS.

2.2. Contract Forms. A copy of each special contract for service, including aid to construction agreements, and rate or toll agreements shall be provided to the commission and the ORS.

2.3. Customer Bill. A copy of each type of customer bill form, which shall include the information which is normally shown on a customer's bill for service shall be provided to the ORS.

2.4. Operating Area Maps. A map of the utility's operating area. This map shall be revised annually and provided to the ORS unless such revision is unnecessary, in which event the utility shall notify the ORS that the map on file is current. The map should show:

(a) Location of pumping stations, purification plants and sources of supply;

(b) Potable water storage facilities;

(c) Mains by size;

(d) Location of valves and fire hydrants;

(e) Service area clearly drawn on operating area map utilizing proper surveying standards;

(f) Names of all communities (post offices) served;

(g) Location of blow off valves;

(h) Capacity of the system and;

(i) Location of cross-connection control devices

2.5. Authorized Utility Representative. The utility shall advise the commission and ORS of the name, title, address, and telephone number of the person who should be contacted in connection with:

(a) General management duties;

(b) Customer relations (complaints);

(c) Engineering operations;

(d) Meter test and repairs; and,

(e) Emergencies during non-office hours.

3. Performance Bond. Prior to operating, maintaining, acquiring, expanding or improving any water utility system, for which commission approval is required, the utility shall have on file with the commission and provide a copy to the ORS a performance bond with sufficient surety using a format prescribed by the commission.

3.1. Amount of Bond. The amount of bond shall be based on, but not limited to, the total amount of the following categories of expenses for twelve months: Operation and Maintenance Expenses, General and Administrative Expenses, Taxes Other Than Income Taxes, Income Taxes, and Debt Service including Interest Expenses. The minimum amount of the bond shall be $100,000 and the maximum amount of the bond shall be $350,000 based on the verified expenses of the utility for the preceding twelve-month period. A bond shall be required for each water and wastewater provider under the jurisdiction of the Public Service Commission. A certification that the face amount of the bond on file with the commission complies with the provisions of 103-712.3.1 shall be filed with the annual report required by 103-712.1 of this rule. The ORS shall review the annual reports and certifications and determine whether the present bond of the utility accurately reflects the expenses of the utility. Based upon the expenses of the utility as submitted in the annual report and as reviewed and adjusted by the ORS, the ORS shall make recommendations for increasing or reducing the amount of the bond within the minimum and maximum limits as prescribed by statute.

3.2. Sureties. Sufficient surety may be any duly licensed bonding or insurance company authorized to do business in this state. A corporate surety, other than such a bonding or insurance company, shall not be considered sufficient surety.

Sufficient surety may be any individual, as stockholder, partner, sole owner, etc., in the utility, so long as the individual surety's net worth is at least twice the face amount of the performance bond.

3.3. Financial statement. Upon order of the commission, when any individual acts as surety, he shall file with the commission and provide a copy to the ORS annually a financial statement verified by said surety showing the individual surety's personal assets, liabilities and net worth. The commission may accept a verification of the financial statement in a format prescribed by the commission, including third-party verification.

4. Rate Applications

A. When any utility makes application for an increase in existing rates and charges, such application shall not be accepted for filing unless it contains the following information:

1) A statement of reason justifying need for proposed rate adjustment;

2) Most current available income and expense statement for the preceding twelve months;

3) Proposed rate schedule;

4) Test year proposed to be used;

5) Pro forma income and expense statement using proposed rates applied to proposed test year;

6) Balance sheet;

7) Depreciation schedule by categories of plant or average service lives;

8) Number of present and expected customers in the following twelve months;

9) Cost justification for proposed rates and charges, including tap fees; with attached schedules depicting labor costs, materials costs, and miscellaneous costs.

10) Filing or updating performance bond in accordance with 103-712.3.

11) Current or updated service area map;

12) Statement of total plant investment by categories; and,

13) Most recent letter of approval from the Department of Health and Environmental Control, dated not more than six (6) months prior to date of application; and

14) Customer bill form;

15) Annual Report on file and evidence of last period Gross Receipts paid; and

16) Any other pertinent or relevant information determined necessary by the commission.

B. When any utility makes application for establishment of service area and rates and charges, such application shall contain the following information:

1) Copy of articles of incorporation or partnership agreement;

2) Plat of proposed area to be served;

3) Copy of engineering plans and specifications designed or certified to be in accordance with good engineering practices by a professional engineer registered in South Carolina;

4) Construction permit from the Department of Health and Environmental Control approving engineering plans and specifications;

5) Schedule of proposed rates and charges and cost justifications, including tap fees with attached schedules depicting labor costs, materials costs, and miscellaneous costs;

6) Number of customers proposed to be served and capacity of system;

7) Financial statement showing proposed plant investment by categories;

8) Depreciation schedule by categories of plant or average service lives;

9) Pro forma income and expense statement showing the effect of using the proposed rates based on plant capacity;

10) Filing of performance bond in accordance with 103-712.3.

11) Statement by a professional engineer that the system was built and installed according to plans and specifications on file with the commission and will furnish adequate service for the area to be served;

12) Letter from Department of Health and Environmental Control approving system for operation, dated not more than six (6) months prior to date of application;

13) Customer bill form; and

14) Other pertinent or relevant information determined necessary by the commission.

(Amended by State Register Volume 14, Issue No. 3, eff March 23, 1990; State Register Volume 27, Issue No. 2, eff February 28, 2003; State Register Volume 31, Issue No. 5, eff May 25, 2007.)
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