CopyPublished | Supreme Court of Florida | 1994 WL 137905
...exists for a second natural gas transmission pipeline in peninsular Florida and that the pipeline proposed by SunShine Pipeline Partners (SunShine) is the appropriate project to fill this need. Florida Gas opposes these findings, asserting (1) that section 403.9422, Florida Statutes (Supp....
...For the reasons expressed, we affirm the Commission's order, finding that the authorizing statute is constitutional and that the order of the Commission is proper. The record reflects that, in early 1993, SunShine filed an application for determination of need with the Commission pursuant to section 403.9422....
...The order further contained an analysis of the expert testimony setting forth a need for a pipeline and contained express reasons why the SunShine pipeline is the appropriate project to fill this need. Florida Gas challenges this order on the grounds that section 403.9422 is unconstitutional and that the Commission, in its order, failed to explain its rejection of certain proposed findings of fact as required by chapter 120. Constitutionality of Section 403.9422 Under its first argument, Florida Gas contends that Section 403.9422 grants unbridled discretion to the Commission to determine the need for additional natural gas pipelines. To understand the authority granted to the Commission, it is helpful to examine the history of section 403.9422....
...onment and public health, safety, and welfare." §
403.9402, Fla. Stat. (Supp. 1992). Under the Siting Act, any entity wishing to construct additional natural gas transmission pipelines must first petition the Commission for a determination of need. Section
403.9422 defines the process required to determine need and specifically provides that the Commission is to be the sole forum for this determination. §
403.9422(1)(c). [1] It was under section
403.9422 that SunShine petitioned the Commission for a determination of need, and it is this provision that Florida Gas contends is an unconstitutional delegation of authority to the Commission in violation of the separation of powers doctrine....
...ntegrity; the need for abundant, cleanburning natural gas to assure the economic well-being of the public; the appropriate commencement and terminus of the line; and other matters within its jurisdiction deemed relevant to the determination of need. § 403.9422(1)(b), Fla. Stat. (Supp. 1992). Florida Gas argues that this provision impermissibly delegates to the Commission the authority to determine law. In particular, Florida Gas focuses on the portion of section 403.9422(1)(b) that allows the Commission to consider "other matters within its jurisdiction deemed relevant to the determination of need." According to Florida Gas, this portion of section 403.9422 changes the Commission's role from an administrative entity to a "lawmaker" by providing the Commission with unbridled discretion in determining the need for natural gas pipelines in the state....
...Cross Key Waterways,
372 So.2d 913 (Fla. 1978). These principles, however, do not prohibit the legislature from delegating the authority to carry out legislative policy when such delegation is accompanied by proper standards and guidelines. We find that section
403.9422 provides sufficient guidelines to overcome a claim that the legislature unconstitutionally delegated its power to the Public Service Commission....
...s state. The fact that the statute also allows the Commission to consider "other matters within its jurisdiction" does not represent an attempt by the legislature to abdicate its constitutional lawmaking responsibility. To the contrary, we find that section 403.9422 sets forth very specific and mandatory guidelines for the Commission to carry out the purpose of the legislation, and, in doing so, establishes the Commission as a body with the appropriate expertise to evaluate the need, complex market conditions, environmental effect and other matters relating to a proposed pipeline, as well as the overall *945 fitness of the applicant. We conclude that section 403.9422 sets forth sufficient guidelines and standards to limit the Commission's authority and does not constitute an unbridled delegation of authority....
...Accordingly, the order of the Public Service Commission approving the need for an additional gas transmission pipeline to be constructed by SunShine Pipeline Partners is affirmed. It is so ordered. BARKETT, C.J., and McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] The language in section 403.9422 is similar to the language in other sections of the Florida Statutes under which the legislature has empowered the Commission to regulate certain industries....
