South Carolina General Assembly

115th Session, 2003-2004

H. 4405

STATUS INFORMATION

General Bill

Sponsors: Reps. Cato, Wilkins, Sandifer, Weeks, Scott and Neilson

Document Path: l:\council\bills\nbd\11938ac03.doc

Introduced in the House on June 5, 2003

Introduced in the Senate on February 3, 2004

Last Amended on January 29, 2004

Currently residing in the Senate Committee on Judiciary

Summary: Fuel, cost related to purchased power

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

6/5/2003HouseIntroduced and read first time HJ159

6/5/2003HouseReferred to Committee on Labor, Commerce and IndustryHJ160

1/21/2004HouseCommittee report: Favorable with amendment Labor, Commerce and IndustryHJ7

1/22/2004HouseMember(s) request name added as sponsor: Weeks

1/27/2004HouseDebate adjourned until Wednesday, January 28, 2004 HJ10

1/28/2004HouseRequests for debateRep(s).Merrill, Dantzler, Hinson, Gourdine, Clyburn, Rutherford, Scott, Cato, EH Pitts, Scarborough, Sandifer, Breeland, Clemmons, Young & Altman HJ16

1/28/2004HouseMember(s) request name added as sponsor: Scott

1/29/2004HouseRequests for debate removedRep(s).Merrill, Hinson, Sandifer, Scott, Scarborough, Breeland, Cato, Dantzler, EH Pitts, Clemmons, and Gourdine HJ28

1/29/2004HouseMember(s) request name added as sponsor: Neilson

1/29/2004HouseAmended HJ28

1/29/2004HouseRead second time HJ29

1/29/2004HouseUnanimous consent for third reading on next legislative day HJ29

1/30/2004HouseRead third time and sent to Senate HJ2

2/3/2004SenateIntroduced and read first time SJ18

2/3/2004SenateReferred to Committee on JudiciarySJ18

VERSIONS OF THIS BILL

6/5/2003

1/21/2004

1/29/2004

Indicates Matter Stricken

Indicates New Matter

AMENDED

January 29, 2004

H.4405

Introduced by Reps. Cato, Wilkins, Neilson, Sandifer, Scott and Weeks

S. Printed 1/29/04--H.

Read the first time June 5, 2003.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Public Service Commission states that there will be no fiscal impact on the General Fund of the State nor on federal and/or other funds.

Approved By:

Don Addy

Office of State Budget

[4405-1]

A BILL

TO AMEND SECTION 5827865, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUEL COSTS INCURRED BY ELECTRICAL UTILITIES FOR THE SALE OF ELECTRICITY, SO AS TO FURTHER CLARIFY THAT THE TERM “FUEL COSTS RELATED TO PURCHASED POWER” INCLUDES COSTS OF FIRM GENERATION CAPACITY PURCHASES AND THE TOTAL DELIVERED COST OF ECONOMY PURCHASES OF ELECTRIC POWER.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Section 5827865(A) of the 1976 Code, as amended by Act 348 of 1996, is further amended to read:

“(A)(1)The words ‘fuel cost’ as used in this section shall include the cost of fuel, fuel costs related to purchased power, and the cost of SO2 emission allowances as used and shallmust be reduced by the net proceeds of any sales of SO2 emission allowances by the utility.

(2)In order to clarify the intent of this section, ‘fuel costs related to purchased power’, as used in subsection (A)(1) shall include:

(a)costs of firm generation capacity purchases, which are defined as purchases made to cure a capacity deficiency or to maintain adequate reserve levels; ‘costs of firm generation capacity purchases’ include the total delivered costs of firm generation capacity purchased and shall exclude generation capacity reservation charges, generation capacity option charges, and any other capacity charges;

(b)the total delivered cost of economy purchases of electric power including, but not limited to, transmission charges; ‘economy purchases’ are defined as purchases made to displace higher cost generation, at a price which is less than the purchasing utility’s avoided variable costs for the generation of an equivalent quantity of electric power.”

SECTION2.This act takes effect upon approval by the Governor.

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