S.C. Code Ann. § 58-3-20 – Membership; election and qualifications; Review Committee; terms; vacancies

(A) The commission is composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter. For any term beginning after June 30, 2006, each member must have:
1. (1) a baccalaureate or more advanced degree from:
  1. (a) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program;
  2. (b) an institution of higher learning that has been accredited by a regional or national accrediting body; or
  3. (c) an institution of higher learning chartered before 1962; and
2. (2) a background of substantial duration and an expertise in at least one of the following:
  1. (a) energy issues;
  2. (b) telecommunications issues;
  3. (c) consumer protection and advocacy issues;
  4. (d) water and wastewater issues;
  5. (e) finance, economics, and statistics;
  6. (f) accounting;
  7. (g) engineering; or
  8. (h) law.
(B) The review committee may find a candidate qualified although the candidate does not have a background of substantial duration and expertise in one of the eight enumerated areas contained in subsection (A)(2) of this section if three-fourths of the review committee vote to qualify such candidate and provide written justification of their decision in the report as to the qualifications of the candidates.
(C) The qualification provisions of subsection (A) of this section do not apply to the reelection of any commissioner elected by the General Assembly on March 3, 2004, so long as there is no break in service.
(D) Beginning in 2004, the members of the Public Service Commission must be elected to staggered terms. In 2004, the members representing the second, fourth, and sixth congressional districts must be elected for terms ending on June 30, 2006, and until their successors are elected and qualify. Thereafter, members representing the second, fourth, and sixth congressional districts must be elected to terms of four years and until their successors are elected and qualify. In 2004, the members representing the first, third, and fifth congressional districts and the State at-large must be elected for terms ending on June 30, 2008, and until their successors are elected and qualify. Thereafter, members representing the first, third, and fifth congressional districts and the State at-large must be elected to terms of four years and until their successors are elected and qualify.
(E) The General Assembly must provide for the election of the seven-member commission and elect its members based upon the congressional districts established by the General Assembly pursuant to the latest official United States Decennial Census. If the number of congressional districts is less than seven, additional members must be elected at large to provide for a seven-member commission.
(F) The Governor may fill vacancies in the office of commissioner until the successor in the office for a full term or an unexpired term, as applicable, has been elected by the General Assembly. In cases where a vacancy occurs on the commission when the General Assembly is not in session, the Governor may fill the vacancy by an interim appointment. The Governor must report the interim appointment to the General Assembly and must forward a formal appointment at its next ensuing regular session.