Florida/Georgia Personal Injury & Workers Compensation

...[4] Florida Power observes that Occidental did not prepare a "cost of service" study for submission to the Commission, and that Occidental vigorously attacked a cost study which Florida Power had prepared before drafting its rate increase request. [5] § 366.041(4), Fla....

...4 In fixing rates, the FPSC is authorized to consider "the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered; the cost of providing such service and the value of such service to the public; [and] the ability of the utility to improve such service and facilities...." Id. at Sec. 366.041....

...ce and sale of its securities." Thus, section 366.05 provides that the FPSC "shall have power to prescribe fair and reasonable rates and charges ... to be observed by each public utility." The FPSC fixes these rates based on the factors described in section 366.041: 317 In fixing the just, reasonable, and compensatory rates, charges, fares, tolls, or rentals to be observed and charged for service within the state by any and all public utilities under its jurisdiction, the commission is authorize...

...e effective until filed with and approved by the Commission as provided by law." In addition, the FPSC has established procedures to monitor existing rates to ensure that they are fair and just and provide a reasonable rate of return as specified in section 366.041 of the Florida Public Utilities statute....

...Rather, the FPSC assumes a very active role under this regulatory scheme, initially approving the utility's proposed rates, and, in doing so, undertaking an investigation and consideration of a variety of factors as mandated in chapter 366. See id. Secs. 366.041, .06....

...ion make "cost of service" determinations relative to specific rate classifications, failure to make such findings is not error. Respondents point to the fact that although there is no reference in the Florida Statutes to a "cost of service" factor, Section 366.041(1), Florida Statutes, explicitly authorizes the Commission to give consideration, inter alia, to "the value of such service to the public." They add that, in fact, although "cost of service" was not computed with mathematical precisio...

...per cent for interruptible furnace users, and 15.43 per cent for interruptible mining users. TECO's over-all return on investment would have been 9.55 per cent. When the PSC sets electric company rates, it acts pursuant to the authority conferred by Section 366.041(1) Florida Statutes, which provides that the "Florida Public Service Commission is authorized to give consideration, among other things, to the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered...

...ates must be pegged to differential costs. As noted by the court, the provision of the Ohio Revised Code relating to matters to *552 be considered by the Ohio regulatory authority made no reference to "cost of service" considerations. [3] Similarly, Section 366.041(1), Florida Statutes, makes no such reference....

...reciation, and contingencies, and with due regard to all such other matters as are proper, according to the facts in each case... ." Although the Ohio statute is more explicit in defining "rate base," it does not differ substantially from Fla. Stat. § 366.041(1), which is set forth in pertinent part at p....

...mmission withholding approval of a rate increase sought by the United Telephone Company of Florida until improvements planned by the Company were accomplished. Squarely in the path of those who would oppose the ruling by the Commission is Fla. Stat. § 366.041 (1967), F.S.A., Ch....

...that will produce a reasonable rate of return for Gulf Power Company constitutes confiscation in violation of the fifth and fourteenth amendments of the Constitution of the United States, articles I and X of the Constitution of the State of Florida, section 366.041, Florida Statutes (1981), and exceeds its authority....

...§§ 364.14(2) [1] and 364.15 [2] , F.S.A., provide the remedy for inadequate service, and that these sections do not include authority to grant a rate increase to finance service improvement programs. Additionally, petitioner argues that Fla. Stat. § 366.041, [3] F.S.A....

...The statute, it is urged, provides no authority to award a rate increase when service is found inadequate. We are compelled to disagree with petitioner. Initially, we note the paucity of Florida precedent confronting the issues raised sub judice. Fla. Stat. § 366.041, F.S.A., which in our judgment is controlling in this cause, has been the subject of only one decision by this Court since its enactment in 1967....

...There, the Public Service Commission refused to approve a rate increase sought by United Telephone until improvements planned by the company were accomplished. In affirming the Commission order we said: "Squarely in the path of those who would oppose the ruling by the Commission is Fla. Stat. § 366.041 (1967), F.S.A., Ch....

...." Nothing in the United Telephone decision indicates a construction of the statute requiring withholding of a rate increase; rather, the opinion characterizes the statute as "authorizing" denial of a rate increase. To authorize is to permit — not to require. Prior to the enactment of Fla. Stat. § 366.041, F.S.A., the leading case relative to service complaints in rate-making hearings was Florida Telephone Corp....

...It is obvious, however, that the Act which we think now governs was enacted subsequent to that pronouncement by the Court and, for ought *340 we know, was intended to overcome the decision." It appears, as we surmised in United Telephone , that Fla. Stat. § 366.041, F.S.A., in part represents a legislative response to our ruling in Carter . In larger measure, however, and viewed in the context of the entire grant of legislative authority to the Public Service Commission, it is evident that Fla. Stat. § 366.041, F.S.A., was enacted to provide the Commission with greater flexibility in the matter of rate-making....

...provided that no public utility shall be denied a reasonable rate of return upon its rate base in any order entered pursuant to such proceedings." We cannot conclude from this language, or from the statute as a whole, that the Legislature intended, by the enactment of Fla. Stat. § 366.041, F.S.A., to preclude a rate increase where service is demonstrated to be poor....

...nsumer." Accordingly, we reject the interpretation of the statute urged by petitioner and accept that proposed by the Commission as conforming most closely to what *341 we conceive to have been the intention of the Legislature in enacting Fla. Stat. § 366.041, F.S.A....

...as reverted to the rationale of Florida Telephone Corp. v. Carter (Fla. 1954), 70 So.2d 508, in the instant decision and receded from United Telephone Company of Florida v. Mayo (Fla. 1968), 215 So.2d 609, contrary to the intent and purpose of F.S., Section 366.041, F.S.A. In the Mayo case, F.S., Section 366.041, F.S.A....

...This action of the Commission *342 was clearly arbitrary and unauthorized. As indicated, the language of the "bond" constitutes an inept, unenforceable pretense lacking meaningful compulsive force. There is no statutory authority for such a "bond." F.S., Section 366.041, F.S.A....

...§ 366.05(1), Fla. Stat. (1989). Requiring FPC to place its power lines underground clearly affects its rates if not its service. As with any other regulated public utility, FPC is entitled to charge rates sufficient to make a reasonable rate of return. § 366.041(1), Fla....

...We now turn to each of Citizens’ arguments sequentially. As noted below, we affirm the Commission’s final order because its findings are supported by competent, substantial evidence. 11. When a settlement addresses rate levels and structures, section 366.041, Florida Statutes (2012), provides that the Commission may “give consideration, among other things, to the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered; the cost of providing such servic...

...s the rate history, value of service, and experience of the public utility; the consumption and load characteristics of the various classes of customers; and public acceptance of rate structures. § 366.06(1), Fla. Stat.; see also § 366.041, Fla....

...On at least one occasion, the Commission has stated that it could consider environmental concerns as part of its public interest standard. Re Gulf Power Co., 1993 WL 494325. Further, the Legislature has specifically authorized the Commission to consider the development of renewable energy. §§ 366.041(1), 366.81, 366.92, Fla....

...services rendered; the cost of providing such service and the value of such service to the public; the ability of the utilities to improve such service and facilities; and energy conservation and the efficient use of alternative energy resources.” § 366.041, Fla.Stat....

...and the services rendered; the cost of providing such service and the value of such service to the public; the ability of the utility to improve such service and facilities; and energy conservation and the efficient use of alternative energy resources.” § 366.041(1), Fla. Stat....

...We agree with the respondent-Commission that the public should not be *130 compelled to pay increased rates because of an inefficient system. Sections 367.081(2) and 367.111(2), Florida Statutes, authorize the Commission to consider the efficiency of the system in determining the propriety of a rate increase. While Section 366.041, Florida Statutes, provides that no public utility shall be denied a reasonable rate of return, it in no manner compels the Commission to grant a rate increase where the applicant's existing service is shown to be inefficient....

...In fixing the fair, just, and reasonable rates charged for service by the “public utilities under its jurisdiction, the commission is authorized to give Consideration, among other'things, to ... the cost of providing such service and the value of such service to the public[.]” § 366.041(1), Fla....

...sion’s jurisdiction. The Action Group focuses on but one facet of the ratemaking formula— the actual delivery of electric power. It ignores all other statutory factors, including the costs of providing that service to a given class of customers. Section 366.041(1), Florida Statutes (1991), provides that in fixing the “just, reasonable, and compensatory rates, charges, fares, tolls, or rentals” to be charged for service by utilities under its jurisdiction, the commission is authorized to...

...equacy of the facilities provided and the services rendered; the cost of ■providing such service and the value of such service to the public; the ability of the utility to improve such service and facilities.... (Emphasis added.) Subsection (2) of section 366.041 provides that the Commission’s authority to set such rates, charges, fares, tolls, or rentals is to be “construed liberally.” 1 Section 366.05(1), Florida Statutes (1991), provides that in the exercise of its jurisdiction the Co...