The 2024 Florida Statutes
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. . . Plaintiffs"), claim that two provisions of the Act which authorize the NCRS, Florida Statutes §§ 366.93 and 403.519 . . .
. . . natural resources of the state. (3) To meet the need for electrical energy as established pursuant to s. 403.519 . . . fashion. e) Effect a reasonable balance between the need for the facility as established pursuant to s. 403.519 . . .
. . . Utilities), brought suit against the Utilities challenging the constitutionality of sections 366.93 and 403.519 . . . In 2006, the Legislature enacted section 366.93, Florida Statutes, and amended section 403.519, Florida . . . In that count the appellants allege that sections 366.93 and 403.519 are facially unconstitutional under . . . The applicable version of section 403.519(4)(e), Florida Statutes (2012), provides in pertinent part: . . .
. . . Specifically, the Legislature added section 403.519(4)(e), Florida Statutes (2006), to provide that [ . . . that “[ijmprudence shall not include any cost increases due to events beyond the utility’s control.” § 403.519 . . . at a hearing before the commission under s. 120.57, that certain costs were imprudently incurred. § 403.519 . . .
. . . (e) Effect a reasonable balance between the need for the facility as established pursuant to s. 403.519 . . .
. . . August 7, 2000, FPC filed its petition for determination of need with the PSC, pursuant to section 403.519 . . . Section 403.519, Florida Statutes (2000), sets forth the criteria the PSC must consider in conducting . . . Section 403.519 provides, in pertinent part: In making its determination, the commission shall take into . . . Panda contends, however, that this Court clarified this “need” standard set forth in section 403.519 . . . Consequently, we conclude that the PSC properly applied the criteria contained in section 403.519 in . . .
. . . See § 403.519, Fla. Stat. (1997). . . . See § 403.519, Fla. Stat. (1997). . . . Appellants contend that section 403.519, Florida Statutes, from its initial adoption in 1980 through . . . Only an “applicant” can request a determination of need under section 403.519. . . . Stat. (1997). . §§ 366.80-.85, 403.519, Fla. Stat. (1997). . . . .
. . . See §§ 366.80-366.85, 403.519, Fla.Stat. (1993); Fla.Admin.Code Ch. 25-17, Part I, “Conservation Goals . . .
. . . Section 403.519 requires the PSC to make specific findings for each electric generating facility proposed . . . The Commission’s construction of the term “applicant” as used in section 403.519 is consistent with the . . . Only an “applicant” can request a determination of need under section 403.519. . . . The Commission’s interpretation of section 403.519 also comports with this Court’s decision in Nassau . . . Because we cannot say that the Commission’s construction of section 403.519 is clearly unauthorized or . . .
. . . Company (TECO) filed a determination of need petition for a 220-megawatt IGCC unit pursuant to section 403.519 . . . Commission’s action and the fairness of the proceedings; and 3) the Commission misconstrued section 403.519 . . . Section 403.519, Florida Statutes (1991), states: In making its determination, the commission shall take . . . Commission stated: We believe that TECO’s petition satisfies the statutory requirements of section 403.519 . . . conclusions, the Commission made detailed findings of fact relative to the criteria found in section 403.519 . . .
. . . Section 403.519 requires the PSC to make specific findings for each electric generating facility proposed . . . Section 403.519, Florida Statutes (1989), provides: On request by a utility or on its own motion, the . . . Section 403.519 was originally enacted as part of the Energy Efficiency and Conservation Act, chapter . . . We note that under section 403.519, the PSC is designated the “sole forum” for determination of need . . . The PSC’s interpretation is consistent with the overall directive of section 403.519 which requires, . . .
. . . legislature enacted the Florida Energy Efficiency and Conservation Act (FEECA), sections 366.80-.85, 403.519 . . .
. . . would like to agree with him, I think there is a contrary, equally logical interpretation of section 403.519 . . . determination of need “shall be binding on all parties to any certification proceeding”, but section 403.519 . . . Section 403.519 was an amendment to the FEPPSA which was passed at the same time as the TLSA. . . . But it did not so provide in section 403.519 of the FEPPSA. . . . That section provides as follows: 403.519. . . . Section 403.519 was not part of the initial FEPPSA, but was added in 1980, as part of the Florida Energy . . . No Florida court has interpreted section 403.519, but the language therein, as well as the' language . . . The OUC objected to this testimony under section 403.519, citing it as evidence of need, a matter proper . . . Section 403.519 specifically provides for the PSC to “expressly consider the conservation measures taken . . .