Policy and licensing / South Carolina
South Carolina section 58-33-196: advanced nuclear study costs
South Carolina's official code encourages utilities to study fusion and advanced nuclear facilities, including small modular facilities, and allows recovery of study costs if the commission finds the estimates reasonable, prudent and in the public interest. The same section keeps the certificate requirement before construction. It is not limited to small modular reactors and it does not approve a facility. The enrolled 2025 act was not opened separately.
- Category
- Laws, rules and executive directives
- Status
- In effect
- Instrument
- statute · S.C. Code Ann. § 58-33-196
- Issued by
- South Carolina General Assembly
- Jurisdiction
- South Carolina
- Affects
- Utility cost recovery
- In effect from
- 12 May 2025 · actual · day
- Expiry or completion
- None recorded
- Operative text
- South Carolina Code of Laws, Title 58, Chapter 33 (Official Title 58, Chapter 33 compilation, opened 4 October 2026)
- Last checked · next review
- 2026-10-04 · 2027-04-15
Legal and geographic scope
Official Title 58, Chapter 33 page opened 4 October 2026. Section 58-33-196 says electrical utilities and the Public Service Authority are encouraged to explore fusion energy and advanced nuclear facilities, including small modular nuclear facilities, at suitable sites. Suitable sites may include current nuclear sites, sites where nuclear facilities were proposed but not built, and other brownfield sites such as coal-generation sites. A utility pursuing such facilities must report progress annually to the commission and the Public Utilities Review Committee. A utility whose rates the commission regulates must give the commission cost estimates for the studies, including planning, licensing and project development. If the commission finds those estimated costs reasonable, prudent and in the public interest, the costs may be recovered through rates as incurred. The section says it does not relieve an electrical utility of filing for a certificate under the article and obtaining commission approvals before construction. The history line says 2025 Act No. 41 (H.3309), Section 11, effective 12 May 2025. The section does not issue a certificate or a Nuclear Regulatory Commission license, and it is not limited to small modular reactors.
Not approved or still pending
Enrolled 2025 Act No. 41 was not opened, so the act's other sections are not restated except for the editor's note printed on this page. That note quotes Section 33 findings about a mix of long-lead resources that may include nuclear and advanced nuclear, biomass, hydrogen-capable resources and fusion. Section 12-63-20 was not opened. No commission order, certificate docket or appropriation was opened. No project is linked. The section does not approve a reactor.
Dated lifecycle
- 12 May 2025 · actual · day · Took effect — The official compilation's history line says 2025 Act No. 41 (H.3309), Section 11, effective 12 May 2025. The enrolled act was not opened as a separate document. (South Carolina Code of Laws, Title 58, Chapter 33)
Projects or designs named by the source
- None. Location in this jurisdiction does not make a project eligible for, or approved under, this measure.
Sources
- South Carolina Code of Laws, Title 58, Chapter 33 (government_primary, accessed 2026-10-04)