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Public Service Commission Center of South Carolina Phone: 803-896-5100 www.psc.sc.gov 101 Executive Colunlbia, Dr., Suite 100 Fax: 803-896-5199 SC 29210
Complaint
Date: September 8, 2009 Representative Information:
Form
[Conlplainant Name *
el" Legal
Required
F,eld_A!_
/ lhvk,
/[dJ[
$gP
] O 2999
_!
Paul Spies
Firol (if applicablc) Mailing Address * I927 Enclave Drive City State Zip * E-mall * Name Type [] [] [] [] of Utility of Conlpla Mount pleasant dps@multiplastics.com Involved in Complaiat: [] [] [] * SCE&G [] [] Wrong Rate Water Quality [] [] Refusal to Connect Ser¢ice Line Extensiou Issue SC 29464 Phone * 843-849-3048, 843-856-4370
lit (check apln'opriate
box below.) * Deposits and Credit Establishment
Billing Error/Adjustments Discotmeetion Service Issue Other (be specilic) of Service
Payment Arrangements Meter issue lighting charges when there
Billing of street
is no valid street [] No
lighting agreement
for service
address.
Have .you contacted
file Office of Regulatory
Staff (ORS)? * [] Yes
oRSNamecontact:°f nq_r_ R
,qf_ey [._rngAr_@m_
Concise
Statement
of Facts/Colnplaint:
* (This section must be completed. Attach additional information
to this page if necessary.)
I have had SCE&G service since 1997, account #t Service address is inside the town limits of Mt. Pleasant,where there are several street lights, paid for thru the franchise fee that is collected from residents on our electric bills. SCE&G claims there is a street lighting agreement.(see Attached) As,you can see there is not a valid agreement Agreement is between SCE&G and BLANK. Further, there has been no consideration exchanged between blank and SCE&G.(thus no contract) here.
(Section one)of alleged agreement- -Developer agrees to give formal notification--- There is nothing contained in the restrictive covenants about street lights. There has never been any notification given ( formal or informal) about street lighting charges. (Section two) there has never been a liaison between residence and Company. Attached is copy of tariff forwarded by ORS on availability--- second There has been no agreement executed for this service address. Charges for street lighting appeared on my bill in 2006 ( nine years charges were then removed by SCE&G. ORS has been unable to supply me any written documentation that Attached are all correspondences from ORS. (ORS will not address wrongful Relief charges have now reappeared on my Bill. intbrmation to this page if necessaD,. ) sentence-Residents must first execute agreement
after the purchase
of home)
these are valid charges for this service address. the fact that there is not a valid agreement)
Requested:
* (This section must be completed. Attach additional
The proper relief requested Further an explanation
is that the charges and interest be removed form the bill for this service address. of ORS and SCE&G and their reluctancy to solve an issue without waiting for an attorne CO,/:)
of the relationship
from SCE&G and his comments.
,%P
J _ 20O.q
PSC SO DOCKETING DEp'1:
Pagel
of 2
STATE COUNTY
OF SOUTII OF
CAROLINA
VERIFICATION Internal Use Only
Charleston
I, and know
CompMnancsPaUl SpieSName * the contents thereot;
ve, i 6' that [ h_.____ a,e true. _,,/
_'_
con]plalnt
t_led o_
09/O8/ROO9Date *
and that said contents
_)_...,_g_ - _] Complainant's
Signature*
• i
Page
2 of 2 i
i
i
Jul,
8. 2009 8:07AM
t
STREET SOUTH LIGHTING AGREEMENT & GAS CObI2_ANY Dcvclol_r Nallle of DCvelopment .Type (Subdlv)slor_, L0_Oon Initial 0ff number Aparlmont LonqT_oint of lots or dwelling The Enclave at, LonqpoJnt, Subdivision and/or BETWEEN ELECTRIC
I! 2:
,-
.
f
CAROLINA
Owner
Complex, Road, 0.nits
Mobile Home Park) Mb. Pleasanb 117 19 ,.
, ultimate , ultimate 0rn. (ali use 7500 , ly_
117 i9 lmneu mercury vapoi lamps)"
lniliM number Type lights
of lights to be installed 7500 M_rct_'2/ Black ValOr
Tradi_.ional
Typo of polo or *taodard AppJieablomonthlychargo, This agreemeni lighting iS entered
Fiberglass Rahe 01,
,,vidng _ b_der_rotmd
eaqh_sidentialaccolmt into by
Coml_quy
$1.22 of aehlevlng in proportion an orderly street and/or to anticipated reveano, area in
and Developer Lights lighting
for purpose Additional
for the above residential
development.
will be installed layout.
accordance with atta¢licd Oevdupor approved grows, at mutually agreed upon locations, In consideration Developer 1. for selvice rendered.and Give formal imtifieation
lights will be installed
as d.m'elopment
revenue received; to all pttrchasors or lcnmtt* who roll become Customers of the Company
agrees to: that there is a pmpolfional monthly through restrictions _md covenants charge for lighting service. This crux best be aCComplished or deeds, by including a statement to the affect: "Each service, as prescribed
i i
resident will be acccs,sed a proportional monthly ¢tiarge for street lighting by the South Curothm Public S_ivic¢ Commissloa."
2,
Serve
in a liaison
capacity between
residcncc
and Company
in all matters
pertaining
to affected
lighting. Coalpafty agrees to: 1. Initially
2_
iuslall ltgl'4s in active po_on at such time
of developmel_t,
at mulually and aRer
agreeable revenue
locations. required for initial
Add
lights
that development
warrm_tS, Developer
inslafl,'dion
has been re,,zsonably gaisiied. lights. tcmmls for the lightiug
will normally
be exlYected to make rcqucsl
f0c d_¢ additional 3. This agreemenl of either patty. Bill residents beconles
aad/or
service. to the succ,.-'ssors and assigns
effective
upon execution
by both parllcs, anti shall transfer
Compan_¢ Representative
Title
V
/ v'z_
Da,o
/3-2-¢f
Paul
Spies Rogers, Stacy [srogers@regstaff.sc.gov] Monday, July 27, 2009 9:35 AM Paul Spies RE:
From: Sent: To: Subject:
Mr. Spies, We are currently Thank you, Stacy From: Paul Spies [mailto:DPS@MulUplasUcs.com] Sent: Monday, .July 27, 2009 8:06 AN To: Rogers, Stacy Subject: FW: Good Morning Stacey, Mr. Campbell was going to forward the Public service commission contact information, And he was going to contact counsel and get back to me. I have not received any response. Call you find out the info and respond to me? Thanks Paul Spies reviewing your complaint. When we have completed the investigation we will be back in contact.
From: Paul Spies Sent: Tuesday, 3uly 14, 2009 9:36 AM To: 'Rogers, Stacy' Cc: 'PMORRISON@scana.com' Subject: RE: I have received a letter this am from sceg. Further, I have emailed back to sceg requesting the contract that I was told would be sent. I have now just received a copy of tile developers contract, In briefly reading this document, I am not bound to pay for the street lighting in the Enclave Subdivision. I was given no notice of this, there are no covenants or restrictions on any street lights, there is nothing tied to the deed on tile property. There is not a street light on tile property. I did not authorize anyone to enter into a contract with SCEGfor me. It is unfortunate that SCEGand the developer did not abide by tile terms of their contract.
Regardless, I do not owe for this charge. So tile results of direct contact is not acceptable.
¢
Please pursue to forward me info.
Thank you in advance, Paul Spies
From:
Rogers,
Stacy [mailto:srogers@regstaff.sc.gov] July 14, 2009 9:12 AM
Sent: Tuesday, To: Paul Spies Subject: RE: Mr. Spies, After you.
we discussed
the issue, we contacted been made?
SCE&G. We were informed
that SCE&G's attorneys
were
going to contact
Has that contact
_rhe Office
of RegulatoTy
Staff has not sent you the information with you on this matter.
we discussed
as we were
waiting
to receive
the results
from SCE&G's direct Thanks, Stacy
contact
From= Paul Spies [mailto:DPS@Multiplastics.com] Sent: Tuesday, July 14, 2009 8:51 AM To= Rogers, Stacy Subject: FW: Good Morning Stacey, with your group.(Mr. the Public service Campbell, commission Mr. Kirby) contact information,
Last week
we had a conversation was going to forward
Mr. Campbell
And he was going to contact I have not received
counsel
and get back to me. to me?
any response.
Can you find out the into and respond Thanks Paul Spies
From: Paul Spies Sent: Tuesday, July 07, 2009 To= 'srogers@regstaff.sc.gov' Subject: Hello Stacey, Please see attached Thank you for your Paul Spies 843-856-4370---
11:01 AM
faxed letter assistance.
that we spoke about Look forward
this am. you.
to bearinj_ back from
office
_,IA NAGI;]
APRIl. B, Stl kltPl; _.01_ CO_SIIMI]I $EI;:V1CES
August
21, 2009
Mr. Paul Spies DPS(_,Multiplas!ics.com Re: Consumer Dear Mr. Spies: This letter is in response to your complaint 7, 2009. Per our conversation, you dispute stteet lighting for your residential account requested inlgrmation to contact the Public Your complaint was escalated against SCE&G ("utility") received via telephone on July the utility billing you $1.98 per month for subdivision at 1927 Enclave Drive, Nit. Pleasant, SC. You also Service Commission ("PSC"). Upon the 'ORS' review and evaluation Services File No. 09-E-1849 VIA E-MAIL
to the ORS legal staff for review.
of your complaint, it has been detelrnined that the utility is billing you the rate approved by the PSC for Residential Subdivision Street Lighting. Per the SCE&G tariffas approved by the PSC, the charge for Residential Subdivision Street Lighting is added to each bill rendered for residential electric service within the subdivision. if you are not satisfied with the ORS's conclusion of your dispute, you may wish to file a petition with the PSC. To file a petition with fire PSC, you nrust complete the PSC's complaint folan available online at _wv.psc.sc._ov. The completed complaint fonn must then be mailed to the Public Service Comnfission, Post Office Drawer i 1649, Columbia, South Carolina 29211. Thank
Siucerely,
you tbr contacting
the Office
of RegulatolT
Staff.
Stacy Rogers, Investigator, Consumer cc: SCE&G
Services
Paul
Spies Rogers, Stacy [srogers@regstaff.sc.gov] Wednesday. September 02, 2009 4:45 PM Paul Spies KLATT. MARSHA H RE: Complaint response
From: Sent: To: Cc: Subject:
Mr. Spies, I am in receipt of your email sent on September 1, 2009. The Office of Regulatory Staff provided you with the response via email on September 1, 2009. By that email, you were also advised of the availability of filing a petition with the PSC. If you are not satisfied with the results of the investigation through the ORS,you may file a petition with the PSCby completing the PSC's complaint form available online at www.psc.sc.gov. Instructions on completing the complaint and submitting it to the PSCare available with the form on the PSC'swebsite. Sincerely, Stacy Rogers Investigator, Consumer Services form
From: Paul Spies [mailto:DPS@Multiplastics.com] Sent: Tuesday, September 01, 2009 4:12 PM To: Rogers, Stacy Co: KLAqq-, MARSHA H Subject: RE: Complaint response Hello Stacy, I have received your email. Again, the second sentence of your attachment(
Residents must first execute an agreement)
There is no valid agreement that has been executed. So, there is no way that the ORS can find that the billing is consistent with the above referenced tariff.( there is no agreement) The charges are wrong and the regulatory staff needs to alert sceg that they have not complied with the above referenced tariff. Sincerely, Paul
From: Rogers, Stacy [mailto:srogers@regstaff.sc.gov] Sent: Tuesday, September 01, 2009 4:00 PM To: Paul Spies Cc: KLATT, MARSHA H Subject: RE: Complaint response Dear Mr. Spies,
I am in receipt I must reiterate conformity found tariff. with
of your comments its Residential billing
in reply to the ORS' response that it is charging Street Lighting your tariff street Subdivision
to your complaint account lighting (see attachment).
against
SCE&G ("the
company"). SC in
Again
that SCE&G has stated
at 1927 Enclave to be consistent
Drive, Mr. Pleasant, with the above
The Office of Regulatory for the subdivision
Staff ("ORS") street
the company's
your account
for subdivision to order
referenced
The ORS does net have the authority
SCE&G to stop charging with
your account
lighting. If you continue to dispute the charges you may file a petition can access its on-line complaint form at http://www.psc.sc.gov/.
the PSC. To file a complaint
with the PSC you
I
Sincerely, Stacy Rogers Investigator, ConsumerServices
From:
Paul Spies [mailto:DPS@MulUplastics.com]
Sent: Monday, August 24, 2009 12:46 PM To: Rogers, Stacy Co: KLA-FI-, MARSHA H Subject" RE: Complaint Stacy, that the rate billed for street lighting is the rate approved by the PSC. response
Good Afternoon I understand
that ORS legal staff has determined
This is not the issue. The issue is there SC. The agreement Again, street Paul that SCEG has on file, the onethey street property lighting, have forwarded to me, is an agreement street lighting lights between SCEG and NO ONE. no notices of is not a valid street lighting Agreement for the residential account at 1927 enclave drive, Mt. Pleasant,
I did not order lighting when
I did not authorize and there
any one to order is nothing
for me, I received in our restrictive
was purchased,
about street
covenants.
From: Rogers, Stacy Sent: Friday, August To" Paul Spies Cc: KLATF, MARSHA Subject = Complaint Please see attached
[mailto:srogers@regstaff.sc.gov] 21, 2009 11:48 AM H response response.
Stacy Rogers South Carolina Office of Regulatory Consumer Services Division srogers@regstaff,sc.gov Phone: (803) 737-5233 Fax: (803) 737-4750
Staff
2
SOUTH
CAROLINA
E LECTRtC
& GAS
COMPANY
ELECTRiC[TY (Page 1 oi2)
RESIDE_I
I]AL
SUB_3IVIS]O[J
STREET
LIGHTI_G
AVAILABILITY
Av_ib3b!e
to residential v,ith
subdivLsions the Company.
IocaterJ This
on t_e rate
Com_3ny's is not
distnbutioll a'_ai!a b_e for are
system¸
Residents
of
esLab_i_hed
subdivisions
must pub!ic
first
execute
a skeet areas or
_igh ring agreement the s_reets
schedule
_Tgh£Pg parking for
lots, $ho_£_ng
cent ees. 0_er
or conlmerc_al
Of an incorpo_ted
munic_pa_
nor _f other
lighting
opth3n_
avaitab!o
new residentJal
su bdo.isioNs
RATE A]I night street lighting overhead service where fix(ures system are will mounted be charged on Company's for at the exls(ing standard wooden poles which are a part
of Company's
distribution
fo IIC_,vln g rates:
The fol!c_Mng
amount
v,_ll be added
to each
monthly
bl_l rendered
for residential
e{ecldc
sen4ce
_4thin
the subdivision:
Lamp 1 Iight per 8 customers or fraction thereof Ty13e T_e
Charges
per Monlh S $ $ 1.97 209 209 per customer per customer per onstomer
9,000 Lumens (MH) (100W) Closed racket Mounted Luminaries 15,000 Lumens (HPS) (150W) Open 15,000 Lumens (HPS) {150W)
- Retreat
The fc41owlng I light
recta)
halide
f_xlures
are available thereof Closed thereof Closed Type Type Type
for
f'_ew Inslaltations
onty
to malntaln
pa_tern
sensitive
areas:
per 4 customers Lumens
or fraction (MH) (1OOW)
9,000 1 light
$
3.95
pe_ customer
per 3 cus{omers Lumens
or fraction (MH) (_ 00W)
9,000
$
526
per customer
light9,000 2 Lumens per cus{omers
or fraction {MH) (100W) thereof Closed
$
7.90
pet c_stomer
All night
street
]ighUng
s ervfc4,
in subdivisions
belng
sensed
from
Company's
underground
distribution
system:
Tt]e
fo'Jo',qng
amount
v, itl be added Luminaries
to each
monthly
bll
rendered
for
residenSal
e_ectdc
s e_vice v,_thln the Modem Lamp per $ S
subcri'._slon: Classic I
Post-Too
Mounted
Traditional Lamp Charges
Charges Month 3.78 388 per Monlh $ $ Lamp $ $ 4.45 458 Charges 667 687 per customer
1 {ight
pe_ 6 oJS[On_ets 9,000 Lumens Lumens
or free,on (MH)
thereof
per Month $ Retrofit $ 3.78 388
{10OW)
15,000
{HPS)(150V¢}
percostome_
1 _ght per 4 customers 15,000 Lumens 9,000 Lumens
or frac_n thereof iHPS) (I50W) - RekoSt (MH) (100W}
$ $
5.67 582
$ $
567 5.82
per customer gel cdstomer
The 1 light
following
fixture
is available or fraction
for thereof
new
[n s{allatIons
only
to maintain
pattern
sensitive
areas: I
pe_ 6 customers 9500 Lumens
(HPS)(100W}
True, bona1
$
3.88
percustome(
I
Effec_ve inventory
January
2009, and
seteoted l'dll
exLsSng
Ight
sets I_B/to
longer
be avai!a ble for n e','/In sta!la lions. Lesls Affected lighis are
Replacrnent
I_jht sets
k_i_l only be a_rai_ ble unt_l
is depleted
be rep!aeed
on a I_rst.come,
If rst.served
as fol!ows:
Open
Type 7,500 7,500
Globe
- 1 light
per
8 customers (175W) (175W)
or fraction Open C_osed Type Type
the reef $ $ 1.98 227 per per customer customer
Lumens Lumens
(Mercuric) (Merc_P/)
Open
Type 7,500 7,500
G]obe
* 1 light
per
4 customers (175W) (I 75W)
or fractton Open C_sed Type Type
thereof $ $ 397 453 pe_ customer per cvstomer
Lumens Lumens
(Mercury) (Me_cu_y)
Open
Type 7,500 7,500
Glebe
- 1 light
per
3 custam_rs (175W} (175W)
or fracUon Open C!osed Type T_,e
thereof $ $ 52.9 6.04 per customer per customer
Lumens Lumer, s
(Mercury) (Mercury)
Open
Type 7,500 7,500
Globe
* 1 light
per 2 customers (175W) (175W)
or fraction Open C_osed T_pe T_I_e
thereof $ $ 794 £ 06 per customer per onstome_
Lumens Lumens
{I,_ercury} (Mercury}
P0st-Top
Mounted
Lumlna
ties
Tradftlonal Lamp Charges Monlh 379
Modern Lamp per $ Charges Month 379
Ctasslc L_mp per $ Charges Month 446
I Ikjht
pe_ 6 custome_ 7,500 Lumens
or free,on (_,lereury)
thereof (175W)
per $
I light
per4 7,500
CUStomers Lumens
or fraction (Mercury)
thereof (175W) $ 569 $ 5 69 $ 6 69
ElfecL_'e After
For Bi_ts Rendered Cycle
On And 2009
The First_3{I[ng
Of May
I
i
I
SOUTH
CAROLINA
ELECTRIC
S GAS COMPANY
ELECTRICITY (Page 2 of 2)
RESIDENTIAL
SUBDIVISION MINIMUM
STREET
LIGHTtNG
CHARGE annual revenue above, COSTS to adjustment by the Public excluding fuel revenue to be dedved by the of the excess cost or pay the Company's standard
When facility
cons[ruction
costs
exceed
four (4) times a contrthufJon
the esl_mated
Company,
the cusfome_"
may make consLrucPon
in aid of COnSt_lcl_on
rate on the excess
cos_ in _dd_t_on to the rate charges FOR FUEL AND VARIABLE in the monthly lamp charge
ADJUSTMENT Fuel costs Servfoe of $.03621
ENVIRONMENTAL and are subject
per Kwh_ are included of South Carolina.
Commission
The energy Teserve.
charges
8bove
include
a storm
STORM DAMAGE damage component
COMPONENT of $.00152 per Kwhr. for accumulation
of a storm
damage
SALES To the above w[TI be added any applicable body. stale or local govemmethal
AND FRANCHISE fee
TAX Ithense lax which may be assessed by any
sales fax. franchise
or buslness
PAYMENT All bills are net and payaNe when rendered. TERM The Ini[ial term party on thgty require reserves of this contract days' wStfan deposit shall be for a period hut the of five
TERr21S
OF CONTRACT (5) years and, thereafter, a con#act for like periods term reasons. until terminated (40) years by either and may
notice,
Company subiect
may require to vandalism
of initial
up to ten
an advance
not to exceed
one half of the estima fad revenue
for the form
of the initial contmcL
The Company
the right to remove
its facillt_es when
or for other cogent
SPECIAL The Company selMce in costs based charge wfll furnish, erect, operate and maintain to nolEy fixtures service
PROVISIONS all necessary poles equipment when th accordance falls only when the with its standard Nonthe pays
specifications. standard difference facility
It is the
cusfomePs
responsibility special in costs. non-standard
the Company andfor
equipment or pays
to operate its
properly. normal
requiring
underground, difference
"Mli be famlsheri service
cusfamer
bel_"_een such on such
and standard
to the Company
monthly
GENERAL The Company's General Terms and Conditions
TERMS
AND
CONDITIONS and are a )ant of this rate schedu fa.
are incorporated
by reference
Effechve After
For Sil_s Rendered
On And
The First Billing
Cycle Of May 2009