Florida/Georgia Personal Injury & Workers Compensation

...petition. Order No. 10162-A was also entered to amend Order Nos. 9864 and 10162. The first issue that Public Counsel presents for our review is whether the allowance of projected construction work in progress (CWIP) in the rate base is prohibited by section 366.06(2), Florida Statutes (1979), and conflicts with prior decisions of this Court....

...nd shall be the money honestly and prudently invested *537 by the public utility company in such property used and useful in serving the public... . Although Public Counsel does not challenge the projected test year concept generally, he argues that section 366.06(2) prohibits the inclusion of projected test year CWIP in the rate base....

...d test year, we find this portion of his argument to be without merit. Having made this determination, we are left with the question of whether the statute or decisions of this Court prohibit inclusion of CWIP in rate base. This Court has ruled that section 366.06(2), Florida Statutes, does not prohibit the inclusion of CWIP in rate base....

...Public Counsel contends that this Court's decision in Maule Industries v. Mayo, 342 So.2d 63 (Fla. 1976), precluded an award of interim rate relief on any basis other than an historic test year. Public Counsel relies on a footnote in that opinion wherein this Court stated: Section 366.06(4) authorizes Commission action to suspend rates for up to 8 months after their filing `pending a final order ......

...the file and suspend procedure, the use of a year-end rate base, the benefit of automatic fuel adjustment clauses, and the use of a projected test year. Id. at 66 n. 5. Maule was one of the first cases filed under the "file and suspend" procedure of section 366.06(4), Florida Statutes (1979)....

...The Court was clearly upholding the Commission's discretion to determine, on a case by case basis, what evidence it will consider in fixing interim rates. The statutory standard imposed upon the Commission is to fix "fair, just and reasonable rates." §§ 366.06(2), 366.05(1), Florida Statutes (1979)....

...of projecting data which demonstrated the need for increased rates. Having approved the use of a 1980 test year on this background, the Commission could adequately evaluate projected data in conformance with its statutory obligations. The purpose of section 366.06(4), which gives the Commission the authority to award interim relief, is to protect utilities from the "regulatory lag" associated with full blown rate proceedings. Florida Power Corp. v. Hawkins, 367 So.2d 1011, 1013 (Fla. 1979). In Citizens of Florida v. Mayo (Gulf Power Co. ), 333 So.2d 1 (Fla. 1976), this Court analyzed section 366.06(4), the File and Suspend Law, and the legislative intent underlying its enactment....

...later confirmed by the actual historical data filed prior to the conclusion of the final hearing. The whole purpose of interim awards is to reduce regulatory lag; the sooner new rates can be implemented on an interim basis, the better the purpose of section 366.06(4) is served....

...view until the date the copies are mailed as required by this section. This provision shall not delay the effective date of the order. Such an order shall be considered rendered on the date of the official vote for the purposes of §§ 364.05(4) and 366.06(4)....

...t is reduced to written form and filed under section 120.52(9). Section 120.52(9) does not deal with the effective date of the order. Section 366.072 clearly deals with the effective date of a Commission action dealing with any rate proceeding under section 366.06....

...businesses and industries * * * are real facts in this case and demand a better answer than anyone has advanced who would have this Commission revert to a philosophy that is incapable of meeting the demands of a booming economy." Sections 364.14 and 366.06, Florida Statutes, F.S.A., deal with the procedures for fixing and changing rates, charges, tolls, *253 etc., of telephone and telegraph companies and public utilities, respectively....

...rates * * * are insufficient to yield reasonable compensation for the service rendered, the commissioners shall determine the just and reasonable rates * * * to be thereafter observed and in force, and fix the same by order as hereinafter provided." Section 366.06(2), Florida Statutes, F.S.A., states that in determining rate base for public utilities the Commission "* * * shall investigate and determine the actual legitimate costs of the property of each utility company, actually used and useful...

...* * * "* * * the commissioners shall determine the just, reasonable, proper, adequate and efficient rules, regulations, practices, equipment, facilities and service to be thereafter installed, observed and used * * *" (Emphasis added.) F.S. Sections 366.06(3) and 366.07, F.S.A., read in part: "(3) Whenever the commission shall find, upon request made or upon its own motion, that the rates demanded, charged or collected by any public utility company for public utility service, or *260 that the ru...

...On appeal to this Court, the utility challenged the order, claiming that it was deprived of due process because the Commission allowed its staff to examine witnesses and assist in evaluating the evidence. Rejecting the utility's contention, we found that since section 366.06(1), Florida Statutes (1985), compelled the Commission to investigate and determine the propriety of a rate increase, the Commission was clearly authorized to utilize its staff to test the validity, credibility, and competence of the evidence presented in a rate-increase proceeding....

...dministration and enforcement of this chapter; and 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." Section 366.06(2) relates to the setting of rates....

...The Attorney General seeks review of the Commission's order regarding several rejected adjustments and urges eight points for consideration by this Court. "I.A. Whether the Florida Public Service Commission erred in allowing construction work in progress in the rate base in violation of Section 366.06(2), Florida Statutes [F.S.A.]? "I.B....

...Whether the Florida Public Service Commission acted arbitrarily in allowing the use of a year-end rate base without the elimination of large plant items in construction work in progress? "IV. Whether the Florida Public Service Commission erred in allowing property held for future use in the rate base in violation of Section 366.06(2), Florida Statutes [F.S.A.]? "V....

...y guaranteed right. The Attorney General, in Point I, urges that the Commission erred in including construction work in progress in consideration of rate base. First, the Attorney General urges that inclusion of construction work violates Fla. Stat. § 366.06(2), F.S.A., which reads, in applicable portion: "The commission shall investigate and determine the actual legitimate costs of the property of each utility company, actually used and useful in the public service, and shall keep a current re...

...r the public service at the time it is being so used.'" (13 N.W.2d 788) However, the statute, involved in the North Dakota case is worded consistently with the one in Maryland, without the word "actually" which is utilized in our statute (Fla. Stat. § 366.06(2), F.S.A., supra ), and upon which the Attorney General relies....

...reached in Maryland and with that reached by the Commission in the case sub judice. Thus, the argument of the Attorney General that the Commission's position on construction work is clearly contrary to the intention of the Legislature in Fla. Stat. § 366.06(2), F.S.A., is without merit....

...or interim decrease in rates. It became law in 1980. Ch. 80-35, § 8, Laws of Fla. [4] Regarding the vitality of Southern Bell after legislative action, see Maule Indus., Inc. v. Mayo, 342 So.2d 63 (Fla. 1976). [5] § 350.061, Fla. Stat. (1979). [6] § 366.06(4), Fla....

...The Defendants filed a motion to dismiss Plaintiffs second amended complaint. As to Count I, the Defendants argued that FPL, as a public utility, is under the exclusive jurisdiction of the Florida Public Service Commission (“Commission”); the Commission is empowered to set utility rates, § 366.06, Fla....

...ssed with prejudice that count against the other participant lenders. Id. at 879. Y. CONCLUSION For the reasons stated in this opinion, we affirm the trial court’s order dismissing Plaintiffs second amended complaint without prejudice. Affirmed. . Section 366.06 provides in relevant part: 366.06 Rates: procedure for fixing and changing....

...iate formal rulemaking at that time. We feel that the PSC in this case gave to the City the greatest latitude for justifying its surcharge. Rather than setting out strict standards by which to justify the surcharge, the PSC relied on the mandates of section 366.06(1), Florida Statutes (1981), as well as proposed factors suggested in show cause order No. 9516. Section 366.06(1) provides that when the PSC scrutinizes a rate structure and finds it discriminatory it has the authority to fix the rate structure at a reasonable level....

...The operation and maintenance cost inside the City limits and the operation and maintenance cost outside the City limits. 10. The meter reading cost inside the City limits and the meter reading cost outside the City limits. These factors, together with the factors which section 366.06(1) mandates the PSC must consider when it seeks to rectify what it sees as an unjust rate structure, gives the City and any other municipality a good idea as to what concerns should be addressed at the administrative hearing on the surcharge....

...1st DCA 1977), "incipient policy." Currently, by its own actions and admissions, the PSC has shown that in the surcharge *508 area, it is in a formulative stage regarding policy. As such, no greater restraints should be imposed on the exercise of the PSC's authority other than those already found in section 366.06(1) as well as those factors it has, and subsequently will, expressly raise either in its orders or through adversary proceedings in this Court....

...In the case of other municipalities operating with surcharges there may exist ample justification to support such charges in those cases. In conclusion we find that the PSC did not abuse its discretion or authority when it declined to initiate rulemaking pursuant to the City's petition. We further find that section 366.06(1), in conjunction with the other factors referred to in this opinion, provide adequate general standards under which the City surcharge may be tested....

...Roger Vinson, Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for respondents. ENGLAND, Justice. This cause is here on a petition for the writ of certiorari to review an order of the Public Service Commission awarding Gulf Power Company an interim rate increase under Section 366.06(4), Florida Statutes (1975)....

...[2] On July 23, 1974, the Commission suspended the effectiveness of the proposed rate increase in Order No. 6196, stating: "WHEREAS, Gulf Power Company, a public utility subject to our jurisdiction, has filed on July 2, 1974, a Petition and new proposed rate schedules pursuant to Section 366.06(4), Florida Statutes, seeking to adjust its rates and charges so as to produce additional annual gross revenues in the amount of $18,798,000; and ......

...end" law. Public counsel contends only that the "hearing" which the Commission conducted did not meet required due process standards. This contention requires an analysis of the statutory scheme created by the Legislature for these rate proceedings. Section 366.06, Florida Statutes (1975), provides general standards for the award of rate increases to public utilities in the State of Florida....

...ties and cross-examination is permitted. [8] In the framework of this general approach to rate regulation, the 1974 Legislature enacted a special provision expressly designed to reduce so-called "regulatory lag" inherent in full rate proceedings. Subsection 366.06(4) was created to provide a series of alternatives for the Commission whenever, in conjunction with a general rate increase request for which a full rate proceeding is required, a utility company seeks immediate financial relief....

...ntend all public utility filings to go into effect without some review by the Public Service Commission. Had that been the intent, the Legislature would not have created a "suspend" power in the Commission. (2) By placing the file and suspend law in Section 366.06, however, the Commission was given direct responsibility in this type of proceeding to insure that all charges collected by a public utility are lawful. See Section 366.06(1), Florida Statutes (1975). (3) The Legislature did not intend a full rate hearing before all new rate schedules become effective. Had it intended that result, there would have been no need to enact subsection 366.06(4) at all....

...to be heard and a right of cross-examination) as a general matter, and in this case specifically because the Commission had publicly promised these rights. He essentially argues that "hearings" in Florida, in the *6 context of rate regulation under Section 366.06, connotes cross-examination and direct contradictory evidence....

...Gulf Power argues that the Commission may employ any process ordinarily permitted in administrative proceedings, including uncontested preliminary presentations if circumstances dictate. [12] We agree with public counsel that the Legislature's placement of subsection 366.06(4) suggests no reason to alter the public policy of this state in favor of traditional due process rights in rate "hearings", permanent or interim....

...se order as final. E.g., Citizens of Florida v. Mayo, (Florida Power Corp.,) 316 So.2d 262 (Fla. 1975); Citizens of Florida v. Mayo (Southern Bell Tele. & Tele. Co.), 322 So.2d 911 (Fla. 1975). [2] Ch. 74-195, § 4, Laws of Florida, now appearing as Section 366.06(4), Fla....

...[5] Public counsel indicated a lack of preparedness to either present evidence or cross-examine Gulf Power's witnesses, claiming that the notice of hearing indicated that these facets of the hearing would be held at a later date. [6] Bond is required under Section 366.06(4) for rates allowed to go into effect after the expiration of eight months from a rate request filing. Although the statute would not have required bond on December 20, 1974, it would have required bonding not later than March 2, 1975. [7] A motion to dismiss the petition in this case was denied on October 15, 1975. 324 So.2d 35 (Fla. 1975). [8] Section 366.06(1)-(3), Fla....

...The Commissioners would have to justify their analysis of the company's needs, generally based on staff recommendations, without the benefit of a publicly developed record and without any publicly expressed reasons to support the new increase. [11] See Section 366.06(4), Fla....

...aph Co. v. Bevis, 279 So.2d 285 (Fla. 1973), on which the Commission also relied. The argument and reliance are not well taken. Southern Bell, which involved a proceeding under Chapter 364, Florida Statutes, is not applicable to proceedings under subsection 366.06(4)....

...wance and it's exclusion of categories of properties from the rate base. In January of 1981, FP & L petitioned the Commission for a $476 million annual rate increase based upon a projected 1981 test year. Pursuant to the Commission's authority under section 366.06(3), Florida Statutes (Supp....

...Alternatively, FP & L asked for an interim increase of $220 million based upon the same projected 1981 test year upon which its permanent request was based. After hearing oral argument on FP & L's contention that interim rates could be awarded pursuant to section 366.06(3) or section 366.071, the Commission granted FP & L approximately $148 million in interim rates on an annual basis based upon an historic year-end rate base....

...The order further states that the statute clearly empowers the Commission to utilize an end-of-period investment base for interim purposes. Order No. 10306, page nos. 6 & 7. Section 366.071 was enacted to expand the procedures for *786 interim rate relief and complements the statutory "file and suspend" procedure of section 366.06(3), which we have utilized in previous cases....

...The statute requires a grant of interim relief, if one is to be made, within sixty days of the filing for such relief. This limits the number of issues which may be initially considered in *787 granting interim relief. § 366.071(2). The Commission is, however, given twelve months to deliberate and grant a permanent award. § 366.06(3)....

...§ 366.03, and, when rate adjustments are necessary because the rates are "unjust, unreasonable, insufficient, or unjustly discriminatory or preferential," Fla. Stat. § 366.07, "the commission shall have the authority to determine and fix fair, just and reasonable rates." Fla. Stat. § 366.06(2)....

...intervenors. OVERTON, Justice. This cause is before this Court on petition for writ of certiorari from an order of the Florida Public Service Commission granting an interim rate increase to Florida Power Corporation under the statutory authority of Section 366.06(4), Florida Statutes (1974 Supplement). The issues are (1) whether this is a final order of the Commission and therefore reviewable by statutory certiorari, [1] and (2) whether Section 366.06(4), Florida Statutes, is an unconstitutional delegation of discretionary authority to the Commission by the legislature....

...Petitioners contend that the order of the Commission is final and therefore reviewable since it was styled by the Commission in a separate docket. [2] We hold that the order of the Commission is an interim order and not final. Under the provisions of Section 366.06, Florida Statutes, *264 the legislature prescribed the method a utility must use to obtain a rate increase....

...An "interim rate increase" is a part of the main proceeding and is authorized only "pending a final order by the commission." [3] The statute must be read as a whole. When read in this manner, an interim order is clearly not a separate proceeding whatever its docket number. The legislature, by Section 366.06(4), authorized the Commission to grant interim rate increases for a limited period of time, to wit, eight months....

...In practice, a utility may be able to obtain higher utility rates for an eight-month period simply by filing its interim tariff with the commission in conjunction with a full rate application. I conclude, however, as did the majority here, that this was the intent of the Legislature in enacting Section 366.06(4), Florida Statutes (1974 Supp.). NOTES [1] Article V, Section 3(b)(7), Florida Constitution, and Section 366.10, Florida Statutes (1973). [2] The Commission, subsequent to the petition being filed herein, consolidated the interim and final rate increase proceedings. [3] Section 366.06(4), Florida Statutes (1974 Supplement)....

...tal structure and operation and maintenance expenses the same. This latter alternative was taken by the PSC. It has the net effect of excluding from rate base that portion of Plant Daniel determined to be nonused and useful by present customers. See § 366.06, Fla....

...ate of Florida to review Order No. 9852 of the Public Service Commission. Finding no merit to the arguments presented by Gulf Power and Citizens, we affirm. *493 Gulf Power filed its petition and proposed rate schedules on March 3, 1980, pursuant to section 366.06(4), Florida Statutes (1979), the Florida "File and Suspend" Law....

...ing ten basis points to Gulf's return on equity in recognition of its energy conservation efforts. We agree. Accordingly, we affirm. It is so ordered. ADKINS, BOYD, OVERTON and McDONALD, JJ., concur. SUNDBERG, C.J., concurs in result only. NOTES [1] § 366.06(2), 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. Stat., F.S.A.; (3) to promulgate rules and regulations affecting equipment, facilities and service to be installed. § 366.06(3), Fla....

...The order further states that Commission approval of a standard offer contract constitutes a determination by the Commission that any payments made to a QF under the standard offer contract constitute reasonable and prudent expenditures by the utility under section 366.06, Florida Statutes (1991)....

...Obviously, the risk of extraordinary circumstances has to fall on one or the other of the contracting parties. With respect to small QFs, the Commission chooses to place that risk on FPL. We believe that the Commission acted within its authority under sections 366.06, 366.051 and 366.81....

...The act of filing [2] creates issues of material fact for all factors comprising the justification for the increase. We find that, under the commission's rate-setting authority, a utility seeking a change must demonstrate that the present rates are unreasonable, see section 366.06(1), Florida Statutes (1985), and show by a preponderance of the evidence that the rates fail to compensate the utility for its prudently incurred expenses and fail to produce a reasonable return on its investment....

...Here, we find that the record justifies the commission's conclusion that the company failed to satisfy its burden. We reject the utility's contention that it was deprived of due process of law because the commission allowed its staff to make inquiry of utility witnesses and assist in evaluating the evidence. Section 366.06(1), Florida Statutes (1985), sets forth the standard by which the commission is to act during a rate adjustment request....

...al public of Florida before the Public Service Commission. Sections 350.061-0614, Fla. Stat. (Supp. 1974). [2] Interim rate increases for electric utility companies are authorized under a "file and suspend" procedure enacted by the 1974 Legislature. Section 366.06(4), Fla....

...Power & Light Co., Docket No. 120015-EI, Order No. PSC-13-0023-S-EI, 2013 WL 209584 (F.P.S.C. Jan. 14, 2013). We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. Florida Power & Light (FPL) filed an application for a rate base increase pursuant to section 366.06(1), Florida Statutes (2012)....

...Thus, the plain language of the statutes clearly provides that the Commission independently determines rates of public utilities subject to the conditions set forth in chapter 366; the Commission’s authority to fix fair, just, and reasonable rates pursuant to section 366.06(1), Florida Statutes, is not conditioned on the OPC’s approval or absence of the OPC’s objections.4 Second, pursuant to section 120.57(4), Florida Statutes (2012), informal disposition of the rate proceeding may be made b...

...e cost of providing service to the class, as well as 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....

...3d at 192 (quoting Heart of Adoptions, 963 So. 2d at 199). The Legislature enacted section 350.001, titled “Legislative intent,” with specific language providing that the Commission perform its duties independently and also enacted sections 366.04(1) and 366.06(1), which provide that the Commission has exclusive jurisdiction to fix fair, just, and reasonable rates of electric utilities....

...Finally, section 120.68(1), Florida Statutes (2012), also provides that “[a] party who is adversely affected by final agency action is entitled to judicial review.” - 21 -  Chapter 366 also provides procedures for fixing and changing rates of public utilities. Section 366.06(1) provides in relevant part that “[a]ll applications for changes in rates shall be made to the commission in writing under rules and regulations prescribed, and the commission shall have the authority to determine and fix fair, just, and reasonable rates that may be requested, demanded, charged, or collected by any public utility for its service. . . .” Further, section 366.06(1) provides that the Commission, in fixing rates, “shall ....

...consider the cost of providing service to the class, as well as 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....

...purpose of avoiding a rate increase; and (d) A statement that the utility either is or is not requesting that the Commission process its petition for rate increase using the proposed agency action process authorized in Section 366.06(4), F.S. (2) In the event that a test year other than one based on a calendar year or the company’s normal fiscal year is selected, the notification shall include an explanation of why the chosen test year...

...The company shall include a revised filing date. Fla. Admin. Code R. 25-6.140 (emphasis added). Rule 25-6.043 also provides the following filing instructions: (1) General Filing Instructions. (a) The petition under Sections 366.06 and 366.071, F.S., for adjustment of rates must include or be accompanied by: 1....

...The Commission specifically reasoned that: [t]he existing ratemaking procedure provided by Florida Statutes and our rules provides for a more rigorous and thorough review of the costs and earnings associated with new generating units. Section 366.06(2), F.S., provides that when approved rates charged by a utility do not provide reasonable compensation for electrical service, the utility may request that we hold a public hearing and determine reasonable rates to be charged by the utility....

...* * * * * * Currently, by its own actions and admissions, the PSC has shown that ... it is in a formulative stage regarding policy. As such, no greater restraints should be imposed on the exercise of the PSC's authority other than those already found in section 366.06(1) as well as those factors it has, and subsequently will, expressly raise either in its orders or through adversary proceedings in this Court....

...subject to -8- de novo review.” Citizens of State v. Graham (Citizens II), 191 So. 3d 897, 900 (Fla. 2016); see also § 120.68(7)(d), Fla. Stat. (2017). This issue involves the Commission interpreting section 366.06(1), Florida Statutes (2017), which it is tasked with enforcing; therefore, its interpretation “is entitled to great deference and will be approved by this Court unless it is clearly erroneous.” BellSouth Telecomm., Inc. v. Johnson, 708 So. 2d 594, 596 (Fla. 1998).6 The Commission’s Appropriate Standard Pursuant to section 366.06(1), Florida Statutes, the Commission “shall have the authority to determine and fix fair, just, and reasonable rates that may be requested . . . by any public utility for its service.” Id. § 366.06(1)....

...As part of these base rate cases, utilities may seek to recover costs for capital investments in power-generating facilities. See Citizens of State v. Graham (FPUC), 213 So. 3d 703, 716-17 (Fla. 2017); Citizens II, 191 So. 3d at 900-01; Citizens of State v. Fla. Pub. Serv. Comm’n, 435 So. 2d 784, 785 (Fla. 1983). Section 366.06 details the Commission’s procedures for ratemaking, and it expressly contemplates cost recovery for utility investments: The [C]ommission shall investigate and determine the actual legitimate costs of the property of each utility company, actually used and useful in the public service, and shall keep a current record of the net investment of each public utility company in such property which 6. Section 366.06 has not been amended since 1995; thus at all relevant times the statutory language has been consistent. -9-  value, as determined by the [C]ommission, shall be used for ratemaking purposes and shall be the money honestly and prudently invested by the public utility company in such property used and useful in serving the public, less accrued depreciation . . . . § 366.06(1), Fla....

...providing service to the class, as well as 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....

...See § 366.92(1), Fla. Stat. However, that dispute is not before us today. - 16 - requirement for independent, individualized prudence review is notably absent from the definition. Sierra Club contends that section 366.06(1) precluded the Commission’s approval of the settlement agreement without first individually determining whether the Peaker Project was prudent....

...In doing so, the Court noted that “[c]hapters 350 and 366, pertaining to the Commission and public utilities respectively, do not prohibit the Commission from approving a negotiated settlement to resolve a rate-making proceeding.” Id. at 1150. Similarly, nothing in section 366.06 requires the Commission to lay out findings on prudence - 17 - in reviewing a proposed settlement....

...A requirement for the Commission to address the Peaker Project individually would correspondingly demand that the Commission 10. Importantly, in the absence of a settlement, prudence review of investments—regardless of magnitude—is still an express statutory requirement. § 366.06(1), Fla....

...ENGLAND, Justice. This case is brought to us by public counsel for the State of Florida, asking that we review and either decrease or reverse an interim rate increase granted by the Public Service Commission to Florida Power and Light Company pursuant to Section 366.06(4), Florida Statutes (1975), the so-called *65 "file and suspend" law applicable to electric utility companies....

...xpenses (the accounting treatment for which is the principal source of the controversy now before us). On January 10, 1975 the Commission granted FP&L an interim rate increase of nearly 70 million dollars, [1] treating the award as proper both under Section 366.06(4) and this Court's decision in Southern Bell Tel....

...The Commission defends the interim rate increase on essentially two grounds. It says there was ample evidence at the interim hearing to support the need for emergency rate relief inasmuch as the substantive standard developed in Southern Bell provides an adequate legal foundation to support a temporary award under Section 366.06(4)....

...s. In concluding that FP&L adequately justified its need for interim rate relief, we necessarily accept FP&L's contention that the "make-whole" legal standard of Southern Bell is a proper substantive basis on which to award interim rate relief under Section 366.06(4)....

...6456 which grants FP&L interim rate relief predicated on $54 million of unrecovered fuel costs. This case is remanded to the Commission with directions to enter appropriate orders in conformity with this opinion, including a direction to refund to FP&L's customers under Section 366.06(4) the amounts of unrecovered fuel costs which were collected by FP&L between January 28 and May 1, 1975....

...timely filed for review here and public counsel timely cross-petitioned for review of the points now argued. Maule subsequently obtained a voluntary dismissal of its petition. Maule's dismissal does not divest public counsel of standing to continue the proceeding before us. [5] Section 366.06(4) authorizes Commission action to suspend rates for up to 8 months after their filing "pending a final order ......

and MUÑIZ, JJ., concur. 1 Section 366.06(1), Florida Statutes (2017), provides that

...The commission must also consider “the cost of providing service to the class, as well as the rate history, value of service, and experience of the utility; the consumption and load characteristics of the various classes of customers; and public acceptance of rate structures.” Id. § 366.06(1)....

...Section 366.10, Florida Statutes, (1985), provides: “As authorized by s. 3(b)(2), Art. V of the State Constitution, the Supreme Court shall review, upon petition, any action of the commission relating to rates or service of utilities providing electric or gas service.” (Emphasis added.) . Section 366.06(1), Florida Statutes (1985), provides as follows: (1) A public utility shall not, directly or indirectly, charge or receive any rate not on file with the commission for the particular class of service involved, and no change shall be made in any schedule....

...This case is before us on direct appeal from a Public Service Commission ■ (PSC) order approving a utility surcharge refund plan proposed by the City of Tallahassee. We have jurisdiction. Art. Y, § 3(b)(2), Fla. Const. The issue here is whether sub- ■ section 366.06(3) or subsection 717.05(2), Florida Statutes (1983), controls the disposition of unclaimed municipal utility refunds created by an improper rate structure....

...The city later agreed to turn over the total amount of less than one dollar refunds to Lewis as well. Despite the fact that the city and Lewis had agreed on the modified refund plan, the PSC approved the city’s original refund plan. Lewis moved for reconsideration. The PSC denied the motion, finding that subsection 366.06(3), Florida Statutes *229 (1983), 2 authorizes the PSC to direct the disposition of unclaimed utility refunds....

...The PSC’s jurisdiction over rate structure, however, does not include jurisdiction over the actual rates charged by a municipal electric utility. Amerson v. Jacksonville Electric Authority, 362 So.2d 433 (Fla. 1st DCA 1978). Thus, the PSC misplaces its reliance on subsection 366.06(3) because that statute only authorizes the PSC to direct refunds of unjustified rates charged by public utilities. By its terms, subsection 366.06(3) does not apply to municipal utility refunds. We recognize that in City of Tallahassee v. Florida Public Service Commission, 433 So.2d 505 (Fla.1983), we approved the PSC’s use of the factors set out in subsection 366.06(1) in determining whether the city’s surcharge was justified. We do not believe that opinion requires that we ignore the limited scope of the PSC’s refund authority contained in subsection 366.06(3)....

...ul deductions, that has remained unclaimed by the person appearing on the records of the utility entitled thereto for more than 7 years after the date it became payable, in accordance with the final determination or order providing for the refund. . § 366.06(3) provides, in pertinent part, that the PSC shall by further order require such utility to refund with interest at a fair rate, to be determined by the commission in such manner as it may direct, such portion of the increased rate or charge as by its decision shall be found not justified....

...II A 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....

...shall, to the extent practicable, consider the cost of providing service to the class, as well as 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)....

...order.” § 120.52(2), Fla. Stat. (2021). Because an agency’s action “must be upheld, if at all, - 19 -  The Commission provided no indication that it considered the statutory factors set out in sections 366.06(1) and 366.82(10). Even a cursory statement of the Commission having weighed all of these factors would be more than what we have here; our judicial review, however, requires more: a statement of the Commission’s reasons for deciding as it did in light of record evidence relevant to each of these factors....

...- 25 - In fact, far from explicitly requiring the Commission to make exhaustive written findings, the statutory procedure for rate-making only requires that the Commission consider the factors “to the extent practicable.” § 366.06(1)....

...orders and adjust rates in the interim to reimburse utilities for incurred expenses. The Commission’s deadlines for taking agency action under chapter 366 generally fall within 12 months, with some deadlines being much shorter. 16 A 12-month timeframe is 16. See, e.g., § 366.06(3) (requiring that Commission deliver notice of withholding consent within 60 days of a utility’s requested rate increase, but mandating that withholding can last no longer than 8 months; requiring that Commission take final action and enter final order within 12 months of the commencement date for final agency action; requiring that commencement date or statement of deficiencies be determined within 30 days of receipt of the utility’s application); § 366.06(4) (generally requiring that Commission act within 5 months of the commencement of final agency action unless protested; if protested, requiring Commission to act within 8 months); § 366.071(2)–(3) (generally requiring that Commission ac...

...own subordinate body, becoming, in essence, the Commission’s project manager. In doing so, the majority upsets a legislatively weighed balance between detail and expediency set out in the Commission’s authorizing statute and the Florida APA. See § 366.06(1) (requiring that the Commission consider the factors in the statute “to the extent practicable”) (emphasis added); see also § 120.569(2)(m) (requiring that findings of fact “be accompanied by a concise and explicit statement of the underlying facts of record which support the findings”)....

...Commission’s order violated the APA is within the conditions defined by statute. As I stated before, the Legislature has curtailed - 40 - discuss two of the enumerated statutory factors provided in the statute. See majority op. at 20 (citing §§ 366.06(1), 366.82(10)); see also § 120.68(7)(e) (providing that a court may remand an agency order when “[t]he agency’s exercise of discretion was: 1....

... And the failure to discuss these two factors does not translate to the Commission failing to consider the relevant statutory factors sufficient to impair “[t]he fairness of the proceedings or the correctness of the action” below. § 120.68(7)(c); see also § 366.06(1) (requiring the Commission’s consideration “to the extent practicable”); Consider, Webster’s Third New International Dictionary (1966 ed.) (“1....

...d in any other request for a rate increase. It is so ordered. SHAW, C.J., and OVERTON, McDonald, EHRLICH, BARKETT and KOGAN, JJ., concur. . Originally enacted in chapter 74-195, Laws of Florida, these laws at present are found in sections 364.05(4), 366.06(4), and 367.081(6), Florida Statutes (1989)....

...this does not provide the legal basis for our decision because the normal tariff-approval process remained applicable to the new filing. . This interpretation is also consistent with the senate staff analysis which accompanied the 1980 amendment to section 366.06(4)....

...We conclude that no violation of the Administrative Procedure Act occurred and that public counsel was not denied procedural due process. The Commission was obviously treating TECO’s supplemental service rider as having been filed under the file-and-suspend law. § 366.06(3), Fla.Stat....

...Here, as in Wilson , the Commission discussed the proposed rate change at an agenda conference. Unlike Wilson , however, the Commission denied the supplemental service rider which was the equivalent of withholding its consent to the tariff pursuant to section 366.06(3)....

...The Commission voted to deny the motion and subsequently issued Order No. 21448 in which it set out two reasons for denying the motion. First, the Commission stated that TECO’s petition constituted a filing for a rate change under the file-and-suspend law, section 366.06(3), Florida Statutes (1987)....

...In the event that the Public Service Commission finds that it is necessary to adjust rates imposed by any public utility company, the commission is required by statute to order and hold a public hearing, giving notice to the public and to the utility company. Section 366.06 (3), F.S....

...City of Cape Coral v. G.A.C. Utilities of Florida, 281 So.2d 493 (Fla. 1973); City of West Palm Beach v. P.S.C., 224 So.2d 322 (Fla. 1969). The commission's power to adjust rates charged by public utilities is set out in the following statutory sections: 366.06 Rates; procedure for fixing and changing....

...public hearings and "shall thereafter determine just and reasonable rates to be thereafter charged for such service" and establish by order such rates and practices as the commission deems fair and reasonable to be imposed "in the future." Sections 366.06 (3) and 366.07 , F.S....

...The answer to your third question is controlled by my answer to your second question. Inasmuch as it is my opinion that the commission possesses powers of prospective application only, your third question must be answered in the negative. Although s. 366.06 (4) F.S....

issue. While the commission has the duty under section 366.06(2), Florida Statutes (1979), to “determine

"insufficient to yield reasonable compensation." Section 366.06(3), F.S. It has been argued that since most

...(“[T]he -9- Supreme Court shall review, upon petition, any action of the commission relating to rates or service of utilities providing electric or gas service.” (emphasis added)). What is more, from its separation from sections 366.06 and 366.07, Florida Statutes (2021), it is evident that the SPP Statute stands apart from the rate making process, and in its unique language provides a separate procedure for the Commission’s review of storm hardening measures....

...rgy Fla., LLC v. Clark, 344 So. 3d 394, 395 (Fla. 2022) (alteration in original) (quoting S. All. for Clean Energy v. Graham, 113 So. 3d 742, 750 (Fla. 2013)). Each utility bears the burden of proving that its investment choices are prudent. See § 366.06(1), Fla....

...r the protection of the public welfare and all the provisions [of chapter 366] shall be liberally construed for the accomplishment of that purpose ” § 366.01, Fla. Stat. (2014). The PSC may set rates that are “fair, just, and reasonable.” See § 366.06(1), Fla....

...gh the fuel clause. See Gulf Power Co. v. Fla. Publ. Serv. Comm’n, 487 So.2d 1036, 1037 (Fla.1986). However, the PSC does not have the statutory authority to approve cost recovery for FPL’s investment in the Woodford Project. As explained above, section 366.06(1) provides that the PSC has the authority to determine and fix fair, just, and reasonable rates for public utilities, and section 366.02(2) defines an electric utility as owning, maintaining, or operating an electric generation, transmission, or distribution system....

...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 directs that a public utility may not impose any charge on its customers without the Commission’s approval, further provides that [i]n fixing fair, just, and reasonable rates for each customer class...

...We are unable to agree with the contention of the appellant that the basis of valuation declared by the assessor with reference to the property in question for the years involved was not in conformity to the statutory authority therefor as outlined in § 193.011 applied in connection with § 366.06, Fla.Stat., F.S.A....

...INS, Acting Chief Justice. By petition for writ of certiorari we are asked to review Order No. 8378 entered by the Public Service Commission on June 30, 1978. This procedure involves an application filed by petitioner Florida Gas Company pursuant to section 366.06(4), Florida Statutes (1977) (The File and Suspend Law), wherein Florida Gas sought the consent of the Commission to new rate schedules designed to generate $2,715,533 in additional annual growth revenue....

...attract capital on reasonable terms; that present rates and charges are insufficient to cover operating expenses and provide an adequate return on invested capital. The application was bolstered by extensive supporting data. The pertinent portion of section 366.06(4), Florida Statutes (1977), provides as follows: Pending a final order by the commission in any rate proceeding under this section, the commission may withhold consent to the operation of all or any portion of the new rate schedules,...

...6539 the Public Service Commission granted an interim rate increase to Tampa Electric Company and later entered Order No. 6681 which affirmed and made final Order No. 6539. Reconsideration was denied by Order No. 6717. Public Counsel argues that the Commission has exceeded its lawfully delegated authority under Section 366.06(4), Florida Statutes, 1 by these Orders and that conse *810 quently the Orders are void....

...grity of the Company was in danger. Accordingly, the above Orders of the Public Service Commission are affirmed and certiorari is denied. It is so ordered. OVERTON, C. J., and ROBERTS and ADKINS, JJ., concur. SUNDBERG, J., concurs with an opinion. . 366.06 Rates; procedure for fixing and changing.— (4) Pending a nnai order by the Commission ’ in any rate proceeding under this section, the commission may withhold consent to the operation of all or any portion of the new rate schedules, delive...

...Summary of Dispute Below To prevail below and recover the $16 million in costs, DEF had to prove by a preponderance of the evidence that its actions and decisions leading up to and in restoring the steam unit to service were “prudent.” See § 366.06(1), Fla. Stat. (2021) (requiring that costs be “prudently invested by the public utility company”); see also Sierra Club v. Brown, 243 So. 3d 903, 908 (Fla. 2018) (“It is from [section 366.06(1)] that the Commission derives its prudence standard, which it applies to ensure that the recovered costs result from prudent investments.”)....

...denying cost recovery, as held by the ALJ and the Commission. Because DEF did prove that the costs were incurred notwithstanding its prudent operation of the plant after Period 1, the cost recovery should have been allowed. See Graham, 113 So. 3d at 750; § 366.06(1). III....

...527 , 65 A.L.R. 488 ; 18 Am.Jur. 736, 737; 68 A.L.R. 837 , annotation. Counsel for petitioner argues, and we think aptly, that the latter proposition is particularly applicable where, as here, the cost of the property enters 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....

...t in CR# 3. On March 29, 1977, we issued a sixty-day stay to allow Florida Power “adequate time to prepare and present to the Commission a request for appropriate rate relief, and the Commission will have the statutory 30-day period established in Section 366.06(4) Florida Statutes (1975) within which to determine whether the Company has made an adequate showing of need.” Florida Power Corp....

...ontravened Chapter 366, Florida Statutes, (1975), and procedural due process. We agree. The general statutory scheme for making and adjusting rates embraces the traditional requirements of procedural due process, i. e. notice and a hearing. Sections 366.06(3); 366.07, Florida Statutes (1975). Within this framework is the so-called “File and Suspend Law”, Section 366.06(4), Florida Statutes (1975): Pending a final order by the commission in any rate proceeding under this section, the commission may withhold consent to the operation of all or any portion of the new rate schedules, delivering to the uti...

...thorized failed to materialize. It reached this conclusion by taking official notice of technical data from monthly reports and orders kept in the Commission’s official records. The Commission cannot consent to an interim rate increase pursuant to Section 366.06(4) Florida Statutes (1975) then unilaterally re-evaluate the situation and deprive the utility of the very benefit the “File and Suspend Law” was designed to confer....

...Public Counsel, Intervenor, argues the thirty-day limit is applicable only to the requirement the Commission give the utility a reason or good cause for withholding consent. Under this construction the Commission could withhold consent at any time during the eight months allotted in Section 366.06(4) Florida Statutes (1975). Such a construction is expressly rejected. Public Counsel’s argument that Florida Power has no constitutional right of due process in the benefits flowing from Section 366.06(4) Florida Statutes (1975) is without merit....