CopyCited 27 times | Published | Supreme Court of Florida
...s, additions and extensions to the plant and equipment of any public utility reasonably necessary to promote the convenience and welfare of the public and secure adequate service or facilities for those reasonably entitled thereto * * *." Fla. Stat. § 366.05 (1967), F.S.A....
...When the Commission approved the subject agreement, it, in effect, informed the respondent electric company that it would not have to serve the particular area because under the circumstances it would not be reasonable to require it to do so. Fla. Stat. § 366.05, F.S.A., supra....
CopyCited 20 times | Published | Supreme Court of Florida
...on of the nature of the agency and the functions it is empowered to perform. We find no specific statutory authority for the commission to reach back and modify an earlier order. Moreover, the rules of procedure adopted by the commission pursuant to Section 366.05(1), F.S.A., do not permit what the commission has here attempted....
...eement as it pertained to the area within the City of Pompano Beach. In our earlier opinion holding that the commission had implied authority to approve such agreements,
182 So.2d 429, we relied heavily upon the fact that in Sections
366.03,
366.04,
366.05,
366.06(2) and
366.07, the legislature had given the commission broad powers to regulate the operation of the subject utilities....
CopyCited 18 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4506, 1976 WL 352304
...We necessarily reject attempts by one of the parties here to introduce the franchise contracts into evidence, for the first time, before this Court. §
120.68(4), Fla. Stat. (1975). See also Dade County v. Marca, S.A.,
326 So.2d 183 (Fla. 1976). [22] Sections
366.04(1),
366.05(1),
366.06(3), Fla....
...[26] In its brief the Commission observes that other utilities under its jurisdiction, such as gas companies, have directly assigned certain municipal costs for years without technological problems. Inasmuch as the Commission is necessarily familiar with Tampa Electric's technology (Section 366.05(1), Fla....
CopyCited 18 times | Published | Court of Appeals for the Eleventh Circuit | 1996 U.S. App. LEXIS 3998
...power generation and transmission: a policy favoring monopoly power in Florida electric utilities, and a policy of encouraging development of Florida cogeneration facilities, complemented by the implementation of PSC regulatory guidelines. Fla.Stat. § 366.051 (1991)....
...The Florida legislature gave the PSC broad authority to regulate FPL. See Ch. 366, Fla.Stat. Further, the relationship between Florida utilities and cogenerators has been subject to pervasive state regulation through statute and regulatory rules. Fla.Stat. § 366.05(1), .04(1), (5), .06(1), .051 (1994); Fla.Admin.Code R....
...ure authorized and directed the Florida Public Service Commission (PSC) to develop state regulations on the relationship between cogenerators and Florida's electric utility companies. 1981 Fla.Laws. ch. 81-131, § 1 (codified as amended at Fla.Stat. § 366.05 (1994))....
CopyCited 18 times | Published | Supreme Court of Florida
...4 vests in the commission "jurisdiction to regulate and supervise each public utility with respect to its rates, service and the issuance and sale [of certain] of its securities * * *." In prescribing the powers of the commission under this chapter, section 366.05 authorizes the commission, inter alia, "to prescribe fair and reasonable rates and charges, classifications, standards of quality and measurements, and service rules and regulations to be observed by each public utility; * * * to requi...
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 118 P.U.R.4th 287, 1990 U.S. App. LEXIS 16430, 1990 WL 125506
...es...." Id. at Sec.
366.041. The FPSC may also "require repairs, improvements, additions, and extensions to the plant and equipment of any public utility when reasonably necessary to promote the convenience and welfare of the public...." Id. at Sec.
366.05....
...lement a policy would diminish the flexibility of agencies and consequently their usefulness to state governments. Id. 21 In the present case, chapter 366 grants the FPSC broad powers to regulate public utilities, including natural gas distributors. Section 366.05 authorizes the FPSC to regulate repairs and extensions of facilities....
...by the commission." Section
366.04 then describes the duties of the FPSC: "the commission shall have jurisdiction to regulate and supervise each public utility with respect to its rates and service and the issuance and sale of its securities." Thus, section
366.05 provides that the FPSC "shall have power to prescribe fair and reasonable rates and charges ......
...ecified in section
366.041 of the Florida Public Utilities statute. Sections
366.07 through
366.072 also provide procedures for rate adjustments. 319 In addition to its rate-setting function, the FPSC's powers reach the utilities' general assets. As section
366.05 provides: "the commission shall have power to ......
...In addition, if the FPSC disapproves of such an allocation, it has ultimate authority to mandate the utility to alter its distribution area "when reasonably necessary to promote the convenience and welfare of the public and secure adequate service or facilities for those reasonably entitled thereto." Fla. Stat. Sec. 366.05(1)....
CopyCited 14 times | Published | Supreme Court of Florida | 1984 WL 914501
...The legislature has provided the PSC with the "power to prescribe fair and reasonable rates and charges ... to be observed by each utility ... and to prescribe *1067 all rules and regulations reasonably necessary and appropriate for the administration and enforcement of this chapter." § 366.05(1), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 1981 Fla. LEXIS 2762
...structure shall be uniform for residents and nonresidents of the City of Tallahassee. The procedure to be used by the Commission is analogous to a ratemaking proceeding. Just as the Commission may prescribe rates for an investor-owned utility under section 366.05(1), Florida Statutes (1981), it may now also prescribe a rate structure for a municipal electric utility....
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 1979 WL 396265
...Jur.2d Administrative Law § 89 (1977); see generally Keating v. State ex rel. Ausebel,
173 So.2d 673, 679 (Fla. 1965). This rule of law seems especially appropriate in light of the purposes of Chapter 366, and the broad power granted to the PSC under §
366.05(1) "to exercise all judicial powers, issue all writs and do all things, necessary or convenient to the full and complete exercise of its jurisdiction and the enforcement of its orders and requirements." We think that to effectively and comp...
CopyCited 6 times | Published | Supreme Court of Florida
...head."
331 U.S. at 335 n. 33,
67 S.Ct. at 1234,
91 L.Ed. at 1529 n. 33. Under petitioners' view, exercise of the Commission's discretion would be limited to deciding whether costs had been allocated in accordance with accepted accounting principles. Section
366.05, Florida Statutes, and like statutory provisions evidence a legislative intent to confer a much broader discretion on the Commission....
CopyCited 6 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 6926
...r similar gaseous substance with exceptions which are not relevant here except that, notably, a person supplying LP gas is not a public utility. Fla.Stat. §
366.02 (1985). The powers of the FPSC with respect to public utilities are enumerated in §
366.05....
CopyCited 5 times | Published | Supreme Court of Florida | 1984 WL 914486
...ion. The PSC properly recognized its responsibility of not only setting fair and reasonable rates but also of "promot[ing] the convenience and welfare of the public and secur[ing] adequate service or facilities to those reasonably entitled thereto". § 366.05(1), Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1964 WL 117711
...to the issuance and sale of its securities. §
366.04, Fla. Stat., F.S.A.; (2) to require repairs, improvements, additions and extensions to plants and equipment in order to promote convenience and welfare of the public and secure adequate service. §
366.05, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 286, 1991 Fla. LEXIS 717, 1991 WL 66662
...welfare of the public and secure adequate service or facilities for those reasonably entitled thereto; . .. and to prescribe all rules and regulations reasonably necessary and appropriate for *107 the administration and enforcement of this chapter. § 366.05(1), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2005 WL 475441
...[3] In its amicus brief filed in the circuit court, the Commission concedes that it lacks the authority to issue injunctive relief. However, the Commission may effectively have such authority because it has licensing authority for the meters that FP & L uses. See generally § 366.05, Fla....
CopyCited 3 times | Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 519, 2014 Fla. LEXIS 2581, 2014 WL 4257733
...Further, section
366.04,
Florida Statutes, provides the Commission with jurisdiction to regulate and
supervise each public utility with respect to its rates and service, and prescribe a
rate structure for all electric utilities. §
366.04(1)-(2), Fla. Stat. (2012); see also
§
366.05(1) (“In the exercise of such jurisdiction, the commission shall have power
-9-
to prescribe fair and reasonable rates and charges ....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 15801, 2009 WL 3364872
...After pretrial discovery and two amendments to the complaint, FPL's motion for final summary judgment was heard and granted. The PSC, the Rules, and the Tariff Section
366.04, Florida Statutes (1997), grants to the PSC jurisdiction "to regulate and supervise each public utility with respect to its rates and service...." Section
366.05(1) grants to the PSC "power to prescribe fair and reasonable rates and charges, classifications, standards of quality and measurements, and service rules and regulations to be observed by each public utility," and further authorizes the PSC to promulgate rules to implement and enforce these powers....
CopyCited 2 times | Published | District Court, M.D. Florida | 1981 U.S. Dist. LEXIS 18103
...*929 The reasons stated by the county for rejecting the plat under the old regulations are essentially the same reasons previously argued to the Court by defendants in response to the motion. Defendants' first basis of rejection is Florida Statute 366.05(2) which provides: The Commissioners are authorized to refuse to approve for recording any map or plat of a subdivision when recording of such plat would result in duplication of names of streets or roads or when said plat, in the opinion of said Commissioners, will not provide adequate and safe access or drainage....
...tly of the Subdivision Regulations. The Court, however, reaffirms its holding set out in the July 2, 1981 order to the effect that the county has no discretion to deny plats which meet the requirements set out in the Subdivision Regulations. Statute 366.05(2) is an enabling statute rather than a source of discretion, and reliance upon discretion rather than uniform standards is improper....
...as not arbitrary and capricious. The county contends that because the plat is not connected with a completed highway sufficient for the traffic anticipated as a result of plat completion, it fails to comply with the required "access" in both statute 366.05(2), and in paragraph F of the Subdivision Regulations, which provides: "Access: No subdivision shall be approved unless its street system is connected to an arterial highway by a public road which is County or State maintained." The Court find...
CopyPublished | Supreme Court of Florida
...The Public Service Commission has the power to “determine
and fix fair, just, and reasonable rates that may be requested,
demanded, charged, or collected by any public utility for its
service.” §
366.06(1), Fla. Stat. (2021); see also §
366.05(1)(a), Fla.
Stat....
CopyPublished | Supreme Court of Florida
...t may be requested, demanded, charged, or collected by any public utility for its service.”); see also §
366.03, Fla. Stat. (2014) (“All rates and charges made, demanded, or received by any public utility ... shall be fair' and reasonable.”); §
366.05(1), Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1996 WL 75650
...In 1981, the Florida Legislature authorized and directed
the Florida Public Service Commission (PSC) to develop state
regulations on the relationship between cogenerators and
Florida's electric utility companies. 1981 Fla.Laws. ch. 81-131,
§ 1 (codified as amended at Fla.Stat. § 366.05 (1994))....
...a
policy favoring monopoly power in Florida electric utilities, and
a policy of encouraging development of Florida cogeneration
facilities, complemented by the implementation of PSC regulatory
guidelines. Fla.Stat. § 366.051 (1991)....
...The
Florida legislature gave the PSC broad authority to regulate FPL.
See Ch. 366, Fla.Stat. Further, the relationship between Florida
utilities and cogenerators has been subject to pervasive state
regulation through statute and regulatory rules. Fla.Stat. §
366.05(1), .04(1), (5), .06(1), .051 (1994); Fla.Admin.Code R....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...th in Chapter 366 , Florida Statutes. Section
366.11 , Florida Statutes, provides certain exemptions from the PSC's jurisdiction, stating in part: "(1) No provision of this chapter shall apply in any manner, other than as specified in ss.
366.04 , 3
366.05 (7) and (8), 4
366.051 , 5
366.055 , 6
366.093 , 7
366.095 , 8
366.14 , 9 and
366.80 — 366.85 , 10 to utilities owned and operated by municipalities, whether within or without any municipality, or by cooperatives organized and existing under the Rural Electric Cooperativ...
...ordinated grid, for operational as well as emergency purposes, I cannot conclude that this provision alone grants the PSC the authority to require approval of any transfer of electric distribution system assets to a municipality. 15 Similarly, while section 366.05 (8), Florida Statutes, authorizes the PSC, to require installation or repair of necessary facilities, if it determines that there is probable cause to believe that inadequacies exist with respect to the energy grids developed by the el...
...which owns, maintains, or operates an electric generation, transmission, or distribution system within the state." Compare s.
366.02 (1), Fla. Stat., which excludes from the definition of "Public utility" a municipality or any agency thereof. 4 See s.
366.05 (7) and (8), Fla....
...Stat., relating to the commission's authority to require reports from electric utilities to assure the development of adequate and reliable energy grids and to require the installation or repair of necessary facilities provided certain findings are made. 5 See s. 366.051 , Fla....
...Stat., authorizing the commission to establish guidelines relating to the purchase of power or energy by public utilities from cogenerators or small power producers and set rates at which a public utility must purchase power or energy from a cogenerator or small power producer. 6 See s. 366.055 , Fla....
CopyPublished | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 156, 1993 Fla. LEXIS 443, 1993 WL 74254
...ility 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 Commission has “power to prescribe fair and reasonable rates and charges, [and] classifications.” Section
366.06(1), Florida Statutes (1991), which...
CopyPublished | District Court of Appeal of Florida | 1959 Fla. App. LEXIS 2656
...nters into the utility’s rate base, Section
366.06(2), Florida Statutes, F.S.A., with the attendant obligation upon the company to make only honest and prudent investments to the end that rates charged to the consumers are fair and reasonable. See Section
366.05(1), Florida Statutes, F.S.A....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
...Section
348.52 (4) — Tampa, Hillsborough County Expressway Authority. Section
348.753 (4)(a) — Orlando, Orange County Expressway Authority. Section 350.30 — Public Service Commission. Section 350.62 — Public Service Commission. Section 350.66 — Public Service Commission. Section
366.05 (1) — Public Service Commission....
CopyPublished | Florida 4th District Court of Appeal
...Power & Light Co.,
21 So. 3d 91, 93 (Fla. 3d
DCA 2009). The Public Service Commission approved the tariff at issue, which
is “recognized as having the force and effect of law.” Landrum v. Fla. Power &
Light Co.,
505 So. 2d 552, 554 (Fla. 3d DCA 1987); see also §
366.05(1)(e), Fla.
Stat....
CopyPublished | Supreme Court of Florida | 90 P.U.R.4th 562, 12 Fla. L. Weekly 601, 1987 Fla. LEXIS 2562
...V, § 3(b)(2), Fla. Const. The issue before us involves amendments which PSC has made to rules 25-17.088(2) and (4), Florida Administrative Code (FAC), concerning PSC authority to regulate the terms and conditions for the transmission of cogenerated electric power. Section 366.05(9), Florida Statutes (1985), authorizes PSC to establish guidelines relating to the purchase of power or energy by public utilities from cogenerators or small power producers, designated as qualified facilities (QFs) under federal and state law....
...Further, To assure efficient and reliable operation of a state energy grid, the commission shall have the power to require any electric utility to transmit electrical energy over its transmission lines from one utility to another or as a part of the total energy supply of the entire grid, subject to the provisions hereof. § 366.055(3), Fla.Stat....
...on before us. For the reasons which follow, we hold that PSC is authorized under state law to regulate the terms and conditions for wheeling QF produced power. Appellant presents several arguments in support of its position that sections 366.-04(3),
366.05(9), and
366.055(3) do not authorize PSC to set the terms and conditions for wheeling QF produced power. These arguments boil down to two assertions: (1) sections
366.04(3) and
366.055(3) were enacted as part of the Grid Bill in 1974, before the development of QF produced power, and the legislature could not have contemplated the wheeling of QF power; and (2) section
366.05(9) only addresses the purchase of QF produced power, it could have but did not address wheeling. These arguments are unpersuasive. The purpose of the Grid Bill is to ensure that all electric power within the state grid is available where and when needed. Sections 366.-04(3) and
366.055(3) authorize PSC to regulate the transmission of that power....
...Power produced by a QF becomes a part of the total energy supply of the entire grid which must be available where needed. To accept the appellant’s reading would be contrary to the plain language of the statutes and would frustrate the legislative purpose. Concerning section 366.05(9), the PSC is authorized to establish guidelines relating to the purchase by utilities of QF *262 produced power....
CopyPublished | Florida 3rd District Court of Appeal | 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953
...welfare of the public and secure adequate service or facilities for those
reasonably entitled thereto; ... and to prescribe all rules and regulations
reasonably necessary and appropriate for the administration and enforcement
of this chapter.§ 366.05(1), Fla....
