South Carolina Code of Regulations
Chapter 103 - PUBLIC SERVICE COMMISSION
Article 8 - PRACTICE AND PROCEDURE
Section 103-817 - Proceedings
Universal Citation: SC Code Regs 103-817
Current through Register Vol. 48, No. 3, March 22, 2024
A. Nature of Proceedings. If required by law and upon filing of a pleading as set forth in R.R.103-819, et. seq., proceedings for the purpose of rulemaking, ratemaking, licensing, determining rights, duties, or privileges of any party, and undertaking an official inquiry for the purposes of gathering information or making determinations, which fall under the jurisdiction of the Commission, shall be conducted by one or more Commissioners, or by a hearing examiner through the development of a formal record.
B. Initiation of Proceedings.
(1) All
proceedings shall be initiated by filing with the Chief Clerk at the business
offices at the Commission an original and copies, as determined by the
Commission, of an appropriate pleading unless otherwise provided, as designated
in R.R.103-819,
et seq.
(2) The Chief Clerk may
refuse to accept for filing any pleading which does not conform to the rules of
the Commission, and shall mail written notice to the party or the authorized
representative within ten days after receipt, stating why it has not been
accepted for filing.
C. Conduct of Proceedings.
(1) All pleadings
initiating proceedings shall be dated upon receipt and shall be assigned a
docket number after filing, and all subsequent pleadings or correspondence
shall refer to that docket number. Pleadings will be captioned in accordance
with R.R.103-819,
et seq., and shall be processed pursuant to these rules.
(2) The Chief Clerk after filing of the
pleadings shall give the Commission notice of such filing at the next regular
meeting of the Commission. Where provided by law, any proceeding initiated
under these rules may be disposed of without hearing by Order of the Commission
within 14 days after the pleading has been accepted for filing, upon the
written opinion of the Commission that the pleading on its face shows that a
hearing is not necessary, in the public interest, or for the protection of
substantial rights.
(3) After any
pleading has been accepted for filing, the Chief Clerk may:
(a) Serve the pleadings, as required, in
accordance with R.R.103-830,
or within fourteen (14) days, provide the party filing the pleading a Notice of
Filing, and, where required by law, the party at its own expense shall publish
such notice one time in newspapers having general circulation in the State, or,
if applicable, in newspapers having general circulation in the party's service
area. Except for good cause shown, proof of publication must be filed on or
before the return date. The Chief Clerk, pursuant to other rules of the
Commission, may require that the Notice of Filing be mailed to customers and
other persons and a certificate of mailing be filed on or before the return
date.
(b) Fix a date for hearing,
as soon as practicable, and when a date is available on the docket calendar. If
the hearing date has not been included in the Notice of Filing, the Chief Clerk
shall prepare a Notice of Hearing, and shall forward such Notice of Hearing to
all parties. Proof of mailing must be placed in the formal record.
(c) Assign a time and place for any public
hearing necessary in the conduct of any proceeding. The Chief Clerk shall
likewise cause the pleadings to be served pursuant to these rules or issue
written notice of the filing of pleadings which shall be published pursuant to
law, and notice of the hearing date assigned for the conduct of any formal
proceeding, as provided by law.
(d)
The Chief Clerk shall forward a copy of a Notice of Filing, a Prefile Testimony
Letter, or a Transmittal Letter to all parties by electronic service or by U.S.
Mail. The Chief Clerk shall forward a Notice of Filing and Hearing, a Notice of
Hearing or any other document containing a hearing date to all parties by
electronic service or by certified mail.
(e) Require from a person filing a pleading a
letter incorporating a statement presenting the number of witnesses the person
expects to offer in the proceeding and an estimate of the time required for the
presentation of testimony and exhibits.
(4) Public hearings in the conduct of
proceedings shall be held pursuant to R.R.103-836, et
seq. D. Final Disposition of Proceedings. Proceedings shall be concluded upon
the issuance of an order by the Commission or upon a settlement or agreement
reached by all parties to the proceedings and formally acknowledged by the
Commission by issuance of an order.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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