CopyCited 19 times | Published | Supreme Court of Florida
...We find that the case at bar is more akin to the rate-making proceeding in South Florida Natural Gas and hold that the Commission properly used its staff [5] in making a determination of the demand-side management goals for the next ten years. [6] Under *986 section 366.81, Florida Statutes (1993), the Commission was directed to develop and adopt overall goals and was authorized to require each utility to develop plans and implement programs for increasing energy efficiency and conservation within its service area, subject to the approval of the Commission....
...aining lower energy costs to customers. This interest parallels the legislative intent of FEECA, which seeks to utilize the most efficient and cost-effective energy conservation systems to protect the general welfare of Florida and its citizens. See § 366.81, Fla.Stat....
...ion. In instructing the Commission to set conservation goals for increasing energy efficiency and conservation, the legislature directed the Commission to not approve any rate or rate structure which discriminates against any class of customers. See § 366.81, Fla....
CopyCited 6 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 605, 1993 Fla. LEXIS 1860, 1993 WL 471256
...It is so ordered. BARKETT, C.J., and OVERTON, McDONALD, GRIMES, KOGAN and HARDING, JJ., concur. NOTES [1] The Florida Energy Efficiency and Conservation Act does not require utilities the size of FPUA to develop and implement conservation programs. § 366.81, Fla....
CopyCited 4 times | Published | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 558, 1993 Fla. LEXIS 1737, 1993 WL 433788
...Florida Power and Light Company (FPL) appeals an order of the Florida Public Service Commission (the Commission) eliminating "regulatory out" clauses from standard offer contracts between electric utilities and qualifying facilities. We have jurisdiction under article V, section 3(b)(2) of the Florida Constitution. In section
366.81, Florida Statutes (1991), the Legislature set forth the findings and intent underlying the Florida Energy Efficiency and Conservation Act, sections
366.80.85, Florida Statutes (1991). Specifically, the Legislature found that cogenerated power is beneficial to the state and should be encouraged as it provides a more efficient and cost-effective energy conservation system. §
366.81, Fla....
...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....
CopyCited 3 times | Published | Supreme Court of Florida | 13 Fla. L. Weekly 727, 1988 Fla. LEXIS 1318, 1988 WL 137146
...onsumption and load characteristics of the various customer classes. After public hearings, the PSC is required to determine and by order fix fair and reasonable rates or classifications and reasonable rules, regulations, or services. Id. §
366.07. Section
366.81 expresses legislative intent to encourage the use of solar energy, renewable energy sources, highly efficient systems, and load control systems, and directs the PSC not to approve any rates or rate structures which discriminate against any class of customers because of the use of such systems or devices....
...gainst other customers by requiring them to subsidize the standby service. Appellants' second challenge is that minimum demand components of the formula used by the PSC to establish rates for standby services discriminate against QFs in violation of section 366.81....
...This ratchet figure replaces the contract figure for the next twenty-four months unless it is in turn exceeded by another higher demand figure. Appellants claim that this ratchet provision discriminates against QFs because such ratchets are not used for non-generating customers. In support, appellants cite section
366.81 which states that the PSC shall not approve any rate or rate structure which "discriminates against," e.g., QFs. Appellants urge that the absence of "unjust," "undue," or "unreasonable" as modifiers of discriminates means that any rate structure for QFs which is not the same as that for non-generating customers is per se discriminatory. We do not so read section
366.81 and find appellants' argument unpersuasive. Rates are not discriminatory simply because they are different for different classes of customers. Tampa Electric Co. v. Cooper,
153 Fla. 81,
14 So.2d 388 (1943). Reading section
366.81 in pari materia with other provisions of chapter 366 which mandate that rates be fair and reasonable and reflect the cost of providing the service and load characteristics, we do not believe the legislature used "discriminates" in the sense which appellants urge....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...366.80 to 366.85, Florida Statutes (1981). In that act, the legislature specifically states that it finds that the PSC is the appropriate agency to adopt goals and approve plans related to the conservation of electrical energy and natural gas usage. § 366.81....
...before the PSC and thus was not proper for consideration in the certification hearing. Section
403.519 specifically provides for the PSC to "expressly consider the conservation measures taken" as part of the need determination. This is in line with section
366.81, Florida Statutes (1981), which was adopted along with section
403.519, providing for the PSC to be the appropriate agency in adopting plans related to the conservation of electrical energy and natural gas usage....
