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Florida Statute 366.055 - Full Text and Legal Analysis
Florida Statute 366.055 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 366
PUBLIC UTILITIES
View Entire Chapter
366.055 Availability of, and payment for, energy reserves.
(1) Energy reserves of all utilities in the Florida energy grid shall be available at all times to ensure that grid reliability and integrity are maintained. The commission is authorized to take such action as is necessary to assure compliance. However, prior commitments as to energy use:
(a) In interstate commerce, as approved by the Federal Energy Regulatory Commission;
(b) Between one electric utility and another, which have been approved by the Federal Energy Regulatory Commission; or
(c) Between an electric utility which is a part of the energy grid created herein and another energy grid

shall not be abridged or altered except during an energy emergency as declared by the Governor and Cabinet.

(2)(a) When the energy produced by one electric utility is transferred to another or others through the energy grid and under the powers granted by this section, the commission shall direct the appropriate recipient utility or utilities to reimburse the producing utility in accordance with the latest wholesale electric rates approved for the producing utility by the Federal Energy Regulatory Commission for such purposes.
(b) Any utility which provides a portion of those transmission facilities involved in the transfer of energy from a producing utility to a recipient utility or utilities shall be entitled to receive an appropriate reimbursement commensurate with the transmission facilities and services provided. However, no utility shall be required to sell purchased power to a recipient utility or utilities at a rate lower than the rate at which the power is purchased from a producing utility.
(3) 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.
History.s. 3, ch. 74-196; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 6, 16, ch. 80-35; s. 2, ch. 81-318; ss. 20, 22, ch. 89-292; s. 4, ch. 91-429.

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Amendments to 366.055


Annotations, Discussions, Cases:

Cases Citing Statute 366.055

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Florida Power & Light Co. v. Nichols, 516 So. 2d 260 (Fla. 1987).

Published | Supreme Court of Florida | 90 P.U.R.4th 562, 12 Fla. L. Weekly 601, 1987 Fla. LEXIS 2562

...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....
...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....

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