South Carolina S 878: Third-Party Electric Supplier

Bill Text

2025-2026 Bill 878 Text of Previous Version (Feb. 04, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 878

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 
32 TO TITLE 58 SO AS TO DEFINE TERMS RELATED TO THIRD-PARTY ELECTRIC CHOICE; TO 
ALLOW AN ELIGIBLE CUSTOMER TO PERMIT ITS ELECTRICITY DEMAND FROM A THIRD-PARTY 
ELECTRIC SUPPLIER; TO REQUIRE THE ELIGIBLE CUSTOMER TO PROVIDE ARRANGEMENT FOR 
FIRM TRANSMISSION SERVICE OF THIRD-PARTY ELECTRIC TO THE INCUMBENT ELECTRIC 
SUPPLIER'S TRANSMISSION SYSTEM; TO NOT HOLD THE INCUMBENT ELECTRIC SUPPLIER 
LIABLE FOR ANY COSTS ASSOCIATED WITH THIRD-PARTY ELECTRIC SUPPLY; TO REQUIRE 
THE INCUMBENT ELECTRIC SUPPLIER TO HAVE REMOTE CUTOFF CAPABILITIES IN PLACE FOR 
THIRD-PARTY ELECTRIC SUPPLY; TO ASSIGN THE COST OF REQUIRED TRANSMISSION 
UPGRADES; TO REQUIRE A CUSTOMER TO CONTINUE TO PAY FOR CAPITAL COSTS IN CERTAIN 
CIRCUMSTANCES; TO REQUIRE AN INCUMBENT ELECTRIC SUPPLIER TO PROVIDE 
COST-OF-SERVICE SUPPLY TO CUSTOMERS OR CUSTOMER LOAD RETURNING FROM A PERIOD OF 
RETAIL ACCESS SERVICE ON THE SAME TERMS, RATES, AND PRIORITY AS A NEW CUSTOMER 
REQUESTING SERVICE; AND TO REQUIRE THE COMMISSION TO APPROVE A TARIFF 
CONTAINING A PRO FORMA CONTRACT AND OTHER REQUIREMENTS.

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

SECTION 1. Title 58 of the S.C. Code is amended by adding:

CHAPTER 32

Third-Party Electric Suppliers

 Section 
58-32-10. For the purposes of this chapter:

 (1) 
"Commission" means the Public Service Commission.

 (2) "Customer-sited 
generation" means an electric generation facility, or combination of electric 
generation facilities, located on an eligible customer's premises and on the 
eligible customer's side of the delivery point with a nameplate capacity that 
does not exceed the eligible customer's estimated maximum demand for electric 
service and that is solely for the use of the eligible customer. For purposes 
of this chapter, an owner of customer-sited generation shall not be considered 
an electrical utility as defined in Section 58-27-10(7).

 (3) 
"Customer-supplied power" means electric power and energy produced by 
customer-sited generation or delivered to an eligible customer's delivery point 
from a third-party electric supplier, or both.

 (4) 
"Delivery Point" means the point where the facilities of the incumbent electric 
supplier make physical contact with the facilities of the eligible customer.

 (5) "Distribution 
services" means electric distributions services, along with any other services 
required to safely and reliably deliver electric energy.

 (6) 
"Distribution tariff" means the tariff filed with the commission or the rules 
otherwise governing electric distribution services provided by an incumbent 
electric supplier.

 (7) "Electric 
generation facility" means a facility for generating electric power, including 
renewable electric generation facilities and generation facilities qualifying 
under the Public Utility Regulatory Policies Act of 1978 ("PURPA"), Public Law 
95-617, as amended.

 (8) "Electric 
power" means electric energy, electric capacity, or generation-related 
ancillary services or any combination thereof.

 (9) "Electric 
supplier" shall have the same meaning as in Section 58-27-610(1) and shall 
include the South Carolina Public Service Authority.

 (10) "Eligible 
customer" means any retail electric customer located in the State of South 
Carolina whose average monthly demand at a single point of delivery, or 
aggregated multiple points of delivery that are owned, leased, or otherwise 
controlled by such retail electric customer within that same utility territory, 
for one month during of delivery during the most recent calendar year was equal 
to or exceeded one hundred kilowatts (100kW), or the expansion of an existing 
load by 100kW or more, or re-energizing an existing load or portion of a load 
by 100kW or more that had been idled for at least twenty-four months, or the 
interruptible portion of an existing load of 100kW or more, or in the event of 
a new retail electric customer, whose average monthly demand at a single point 
of delivery is anticipated to equal or exceed 100kW during the customer's first 
year of electric service.

 (11) "Full-requirements 
contract" is a contract whereby the eligible customer agrees to purchase from 
an electric supplier all of their supply needs from or through the electric 
supplier, regardless of quantity under contractual terms specific in this 
contract.

 (12) "Incumbent 
electric supplier" means an electric supplier or other person or corporation 
that, pursuant to Title 58, Chapter 27, Article 5, furnishes or has the right 
to furnish electric service to the eligible customer's premises.

 (13) "Premises" 
mean