Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1472
       
       
       
       
       
       
                                Barcode 241108                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2013           .                                
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       The Committee on Communications, Energy, and Public Utilities
       (Simpson) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 82 - 153
    4  and insert:
    5         (3)(a) After a petition for determination of need is
    6  granted, a utility may petition the commission for cost recovery
    7  as permitted by this section and commission rules.
    8         (b) During the time that a utility seeks to obtain a
    9  combined license from the Nuclear Regulatory Commission for a
   10  nuclear power plant or a certification for an integrated
   11  gasification combined cycle power plant, the utility may recover
   12  only costs related to, or necessary for, obtaining such license
   13  or certification.
   14         (c) After a utility obtains a license or certification, it
   15  must petition the commission for approval before proceeding with
   16  preconstruction work.
   17         1. The only costs that a utility that has obtained a
   18  license or certification may recover before obtaining commission
   19  approval are those that are previously approved or necessary to
   20  maintain the license or certification.
   21         2. In order for the commission to approve preconstruction
   22  work on a plant, it must determine that:
   23         a. There is still a need for the plant; and
   24         b. The projected costs for the plant are reasonable and
   25  prudent.
   26         (d) After a utility obtains approval to proceed with post
   27  licensing or post-certification preconstruction work, it must
   28  petition the commission for approval of any preconstruction
   29  materials or equipment purchases exceeding 1 percent of the
   30  total projected cost for the project.
   31         (e) After a utility completes preconstruction work, it must
   32  petition the commission for approval before beginning the
   33  construction phase.
   34         1. The only costs that a utility that has obtained
   35  commission approval may recover before beginning construction
   36  work are those that are previously approved or necessary to
   37  maintain the license or certification.
   38         2. In order for the commission to approve proceeding with
   39  construction on a plant, it must determine that:
   40         a. There is still a need for the plant; and
   41         b. The projected costs for the plant are reasonable and
   42  prudent.
   43         (f) If a utility has not begun construction of a plant
   44  within:
   45         1. Five years after the date on which it obtains the
   46  license or certification, it must petition the commission to
   47  preserve the opportunity for future recovery under this section
   48  for costs relating to that plant. The commission must determine
   49  whether the utility remains intent on building the plant.
   50         a. If the commission finds that the utility remains intent
   51  on building the plant, the utility may continue to recover
   52  costs.
   53         b. If the commission finds a lack of such intent, it may
   54  enter an order prohibiting any future cost recovery relating to
   55  the plant, notwithstanding any other provision of law.
   56         2. Twenty years after the date on which it obtains the
   57  combined license or certification, the utility may not recover
   58  future costs relating to that plant under this or another
   59  section, notwithstanding any other provision of law.
   60         (6) If the utility does elects not to complete or is
   61  precluded from completing construction of the nuclear power
   62  plant, including new, expanded, or relocated electrical
   63  transmission lines or facilities necessary thereto, or of the
   64  integrated gasification combined cycle power plant, the utility
   65  may shall be allowed to recover all prudent preconstruction and
   66  construction costs incurred following the commission’s issuance
   67  of a final order granting a determination of need for the
   68  nuclear power plant and electrical transmission lines and
   69  facilities necessary thereto or for the integrated gasification
   70  combined cycle power plant. The utility shall recover such costs
   71  through the capacity cost recovery clause over a period equal to
   72  the period during which the costs were incurred or 5 years,
   73  whichever is greater. The unrecovered balance during the
   74  recovery period will accrue interest at the utility’s weighted
   75  average cost of capital as reported in the commission’s earnings
   76  surveillance reporting requirement for the prior year. However,
   77  if the utility elects not to complete construction of the
   78  nuclear power plant, rather than being precluded from completing
   79  such construction, the utility may not recover or retain any
   80  rate of return. Any cost recovery after the date of the decision
   81  not to complete construction of the plant may not include a rate
   82  of return. A utility that elects not to complete construction
   83  shall refund to its customers the costs recovered before the
   84  date of the decision which are attributable to a recovery of a
   85  rate of return.
   86  
   87  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   88         And the directory clause is amended as follows:
   89         Delete lines 20 - 21
   90  and insert:
   91         Section 1. Subsections (1), (2), (3), and (6) of section
   92  366.93, Florida Statutes, are amended to read:
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95         And the title is amended as follows:
   96         Delete lines 7 - 15
   97  and insert:
   98         gasification combined cycle power plants; establishing
   99         a procedure and requirements for cost recovery based
  100         on preconstruction and construction phases; providing
  101         that a utility that elects not to complete
  102         construction of a power plant may not recover or
  103         retain any rate of return for such costs; providing an