The PSC's Regulatory Dictionary

The Regulatory Dictionary is designed to be a resource for the general public and is not intended to provide legal advice, nor should it be relied upon for legal advice. Users should consult with an attorney for legal advice.

Please note that the Public Service Commission's Regulatory Dictionary is an accounting of commonly used regulatory terms at the time of its publication. Definitions may be subject to change and definitions are not a substitute for what is included in the statutes, regulations, Commission Orders, or judicial interpretations. Information provided is independently drafted and language used may not be fully reflected in statutes or other legal resources. Where noted, definitions are taken from the South Carolina Code of Laws.

If there is a term you would suggest to be added to the Regulatory Dictionary, please email robert.bockman@psc.sc.gov or call 803.896.5142.

A

Abeyance: NOUN. Abeyance is a temporary suspension of activity while awaiting the resolution of some other proceeding without which the activity held in abeyance cannot continue.
Affidavit of Publication: NOUN. A sworn, written statement made in the presence of a notary public attesting that publication of a notice or other document took place.
Allowable Ex Parte Communication Briefing: NOUN. From the Latin "ex parte," meaning "from one party," an allowable ex parte communication briefing is a permitted communication between the PSC and a person or organization that is conducted in accordance with SC Code Ann. Section 58-3-260(d)(6). Allowable ex parte communication briefings allow the PSC to receive information from persons involved in matters that come before or are likely to come before the Commission without violating the ethical standards to which the PSC adheres.

B

***None Currently***: No regulatory terms for now.

C

Code of Judicial Conduct (CJC)

NOUN. Per Rule 501 SC Appellate Court Rules, a set of Canons that establishes standards for ethical conduct of judges in South Carolina. Public Service Commissioners and PSC staff abide by the CJC at all times.

Commission Order

NOUN. Per 58-3-250, an offical communication from the PSC that must include:

(1) findings and conclusions, and the reasons or bases therefor, upon all the material issues of fact or law presented in the record; and

(2) the appropriate rule, order, sanction, relief, or statement of denial thereof.

Commissioner

NOUN. In the context of the Public Service Commission, one of seven people elected by the General Assembly to serve a four-year staggered term on the Commission. See S.C. Code 58-3-20 for more.

Complainant

ROLE. A person or entity who has filed a formal complaint with the Public Service Commission or an informal complaint with the Office of Regulatory Staff.

Complaint

NOUN. A formal charge filed with the PSC against a regulated utility by a consumer or consumers that can include billing errors, disconnection of service, incorrect rates, or other issues. Complaints filed with the PSC are usually preceded by the filing of an informal complaint with the Office of Regulatory Staff.

Certificate of Public Convenience and Necessity (CPCN)

NOUN. Often abbreviated as "CPCN," this is a certification issued by a regulatory agency that authorizes the provision of essential public services.

D

Declaratory Order: NOUN. An explanatory ruling designed to clarify uncertain or doubtful past rulings or to outline an interpretation of a rule, order, or statute under the PSC's jurisdiction or to define the rights and responsibilities of parties in a dispute. Issued after a petition for declaratory order is filed.
Dekatherm: UNIT OF MEASUREMENT. A dekatherm is equivalent to 1,000,000 British thermal units (BTUs) and is used to measure natural gas.
Demand-Side Activity: NOUN. Per S.C. Code Ann. 58-37-10(1), a program conducted or proposed by a producer, supplier, or distributor of energy for the reduction or more efficient use of energy requirements of the producer's, supplier's, or distributor's customers, through measures including, but not limited to, conservation and energy efficiency, load management, cogeneration, and renewable energy technologies.
Department of Consumer Affairs: ORGANIZATION. A state agency that administers and enforces the Consumer Protection Code. The SCDCA helps to formulate and modify consumer laws, policies and regulations; regulates the consumer credit marketplace; resolves complaints arising out of the production, promotion or sale of consumer goods or services in South Carolina, whether or not credit is involved; and promotes a healthy competitive business climate with mutual confidence between buyers and sellers.
Directive: NOUN. An official communication, issued at a Commission Business Meeting, that outlines action taken by the Commission or by a Hearing Officer. See also: Hearing Officer. Please note that a Directive may not be a Commission Order. See Commission Order for more.
Docket: NOUN. The PSC's term for a file that includes all documents submitted to the Commission or issued by the Commission in a case.

E

Electric Cooperative: ORGANIZATION. A consumer-owned and member-controlled business that provides electric services on a not-for-profit, cost-of-service basis. South Carolina is home to 22 electric cooperatives.

F

FERC: ORGANIZATION. Standing for "Federal Energy Regulatory Commission," FERC is the federal agency that regulates the transmission and wholesale sale of electricity and natural gas in interstate commerce and regulates the transportation of oil by pipeline in interstate commerce.
FOIA: An abbreviation for "Freedom of Information Act," FOIA refers to the 1978 South Carolina law that allows parties, including individual members of the public, to request public records from state government. See S.C. Code Title 30, Chapter 4 for more.

G

Gallon: UNIT OF MEASUREMENT. A measurement of liquid volume equivalent to eight pints or four quarts. Also equivalent to 3.79 liters or 128 ounces.
Gigawatt: UNIT OF MEASUREMENT. A gigawatt is a unit of electric power equal to one billion watts.

H

Hazardous Waste

REGULATORY TERM. Per S.C. Code 103-210, this category includes carriers of waste or combinations of a solid, liquid, contained gaseous, or semisolid form which because of its quantity, concentration, or physical, chemical, or infectious characteristics is defined by S.C. Code Ann., Section 44–56–20(6) (1976) or 25 S.C. Regs. 61–79.261.3 as hazardous waste. Carriers of hazardous waste need only file maximum rates with the Commission.

Hearing Officer

LEGAL TERM. An attorney qualified to practice in all courts of South Carolina with a minimum of eight years’ practice experience employed by the Commission to hear and determine procedural motions or other matters not determinative of the merits of the proceedings and made prior to the hearing. At the hearing, a hearing officer shall make all rulings on nondispositive motions and objections. The hearing officer has full authority, subject to being overruled by the Commission, to rule on questions concerning the conduct of the case and the admission of evidence but may not participate in the determination on the merits of the case. If qualified, a Commission staff attorney may serve as a hearing officer. (S.C. Code Ann. Regs. 103-804)

Household Goods

REGULATORY TERM. Per S.C. Code Ann. Regs. 103-210, this category includes personal effects and property used or to be used in a dwelling and similar property if the transportation of such effects or property is:

A. arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in his or her dwelling, or

B. arranged and paid for by another party

I

Intervenor: NOUN/ROLE. A person who files a petition to intervene in a proceeding before the Commission, as provided by R. 103–825, and after such petition is approved by the Commission or presiding officer. (Per S.C. Code Ann. Regs. 103-804)
Integrated Resource Plan: REGULATORY TERM. Often abbreviated as "IRP," this is a planning tool by which a utility maps out the future, incorporating reliability, system demand and growth, energy efficiency policies, and other factors over a fifteen- or twenty-year period.

J

***None Currently***: No regulatory terms for now.

K

Kilovolt: UNIT OF MEASUREMENT. The unit of measurement of electromotive force, a kilovolt is 1,000 volts.
Kilowatt: UNIT OF MEASUREMENT. The measurement of power, a kilowatt is one thousand watts.
Kilowatt Hour: UNIT OF MEASUREMENT. Abbreviated as "kWh," a kilowatt hour is 1 kilowatt (1,000 watts) of power expended for 1 hour. One kWh is equivalent to 3,412 British Thermal Units (BTUs).

L

***None Currently***: No regulatory terms for now.

M

Megawatt: UNIT OF MEASUREMENT. A megawatt is a unit of electric power equal to one million watts.

N

NARUC: ORGANIZATION. The National Association of Regulatory Utility Commissioners, a national association that represents the state public service commissioners who regulate essential utility services.
Notice of Filing: NOUN. Per S.C. Code Ann. Regs. 103-804, a statement prepared by the PSC's Chief Clerk upon the filing of a pleading which initiates a proceeding, and which is provided to the party submitting the pleading. A Notice of Filing contains a brief description of the pleading, reference to the statutory or otherwise legal authority under which the pleading was filed, and the manner in which interested persons may file petitions to intervene or protests, as well as the return date.
Notice of Hearing: NOUN. Per S.C. Code Ann. Regs. 103-804, a statement prepared by the PSC's Chief Clerk which provides certain information relative to the public hearing scheduled in a proceeding before the Commission, and submitted to all parties in that proceeding. The Notice of Hearing shall be published, pursuant to applicable provisions of law.

O

Office of Regulatory Staff: ORGANIZATION. Often abbreviated as "ORS," the Office of Regulatory Staff represents the public interest of South Carolina in utility regulation for the major utility industries--electric, natural gas, telecommunications, transportation, and water/wastewater--before the Public Service Commission, the court system, and federal regulatory bodies.
Oral Arguments: NOUN. Spoken (as opposed to submitted in writing) presentations before a judge, court, or other judicial body to present arguments in a case.
Order: NOUN. A written decision or opinion issued by the Commission representing the whole or any part of the disposition (whether affirmative, negative, injunctive, or declarative in form) of a proceeding before the Commission.

P

Petitioner: NOUN. A party seeking relief from the Commission.
Pro Hac Vice: ADVERB. A legal term for adding an attorney to a case in a jurisdiction in which they may not be licensed to practice without committing unauthorized practice of law.
Pro Se Litigant: NOUN. "Pro se litigant" means someone proceeding in a case without legal counsel and who is not an attorney.
Public Information Notice: NOUN. Abbreviated as "PIN," these outline events scheduled at the Public Service Commission, including public hearings, allowable ex parte communication briefings, and other hearings. PINs are posted to the PSC website and sent to media contacts to share with the public.
Public Utility: NOUN. Public utilities are defined in the S.C. Code--see Section 58-3-5 for more. The Public Service Commission has jurisdiction over matters pertaining to the investor-owned electric and gas utility companies, water and wastewater companies, telecommunications companies, motor carriers of household goods, hazardous waste for disposal, and taxicabs. Regional public service authorities and municipal utilities are not regulated by the PSC, nor are South Carolina’s electric cooperatives.
PURC: ORGANIZATION. Standing for "Public Utilities Review Committee," PURC is a committee that reviews the work of the Public Service Commission per S.C. Code Ann. Section 58-3-510, et seq.

Q

Qualifying Facility: NOUN. A Qualifying Facility (“QF”) is a generating facility that (i) meets certain ownership, operating, and efficiency criteria established by the Federal Energy Regulatory Commission (“FERC”) pursuant to the Public Utility Regulatory Policies Act of 1978 (“PURPA”) and part 292 of FERC’s Regulations (18 C.F.R. Part 292), and (ii) has obtained certification of its QF status from FERC, unless otherwise exempted under 18 C.F.R. § 292.203(d).

R

Ratemaking

NOUN. The process by which the rates charged by a utility are set.

Rebuttal Testimony

NOUN. Testimony that is filed in response to direct testimony of a party in a Docket before the Commission.

Regulation

NOUN. The process or outcome of the PSC to fix just and reasonable standards, classifications, regulations, practices, and measurements of service to be furnished, imposed, or observed, and followed by every public utility in South Carolina.

Secondary Definition: A rule promulgated by an administrative agency.

S

Service Territory: NOUN. Per S.C. Code Ann. §§ 58-27-610 et. seq., a territory is the area designated as the legally protected area in which an electric utility can operate. For information regarding territory for wastewater utilities, see Reg. 103-504. For information regarding territory for water utilities, see Reg. 103-704.
Siting Act Proceeding: NOUN. The process by which the PSC, among other things, reviews the need, location, and environmental impact of a major utility facility pursuant to the Utility Facility Siting and Environmental Protection Act.
Storm Recovery Charge: REGULATORY TERM. Per S.C. Code Ann. 58-27-1105, the amounts authorized by the Commission to repay, finance, or refinance storm recovery costs and financing costs and that are nonbypassable charges (i) imposed on and part of all retail customer bills, (ii) collected by an electrical utility or its successors or assignees, or a collection agent, in full, separate and apart from the electrical utility's base rates, and (iii) paid by all existing or future retail customers receiving transmission or distribution service, or both, from the electrical utility or its successors or assignees under commission-approved rate schedules or under special contracts, even if a customer elects to purchase electricity from an alternative electricity supplier following a fundamental change in regulation of electrical utilities in South Carolina.
Surrebuttal Testimony: NOUN. Testimony given or filed in response to rebuttal testimony.

T

Tariff: NOUN. A document that outlines the rates, terms, and services offered by a regulated company.
Telephone Cooperative: ORGANIZATION. As defined by the S.C. Code of Laws Section 33-46-20(4), a corporation which is financed, now or formerly, in whole or in part by the Department of Agriculture made under the provisions of the Rural Electric Act of 1936, Title 26, Section 922 of the United States Code, and acts amendatory thereto for the purposes of owning or operating in this State equipment or facilities for the transmission of intelligence through a communication service system including, but not limited to, telephone services, mobile radio, and cable television on a cooperative basis as is tax exempt pursuant to Internal Revenue Service Code 501(c)(12) or an association of like corporations exempt from tax pursuant to 501(c)(6), or operated under a cooperative basis pursuant to Subchapter T of the Internal Revenue Code and originally incorporated pursuant to Title 33, Chapter 45 of the South Carolina Code of Laws or this chapter.
Therm: UNIT OF MEASUREMENT. From the Greek "therme," meaning heat, a therm is a unit for a quantity of heat equivalent to 100,000 British thermal units (BTUs).

U

***None Currently***: No regulatory terms for now.

V

***None Currently***: No regulatory terms for now.

W

Watt: UNIT OF MEASUREMENT. Under the International System of Units, the measurement of electricity equivalent to the consumption or conversion of one joule of energy per second.

X

***None Currently***: No regulatory terms for now.

Y

***None Currently***: No regulatory terms for now.

Z

***None Currently***: No regulatory terms for now.