Senate Bill 1352c1

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                           CS for SB 1352

    By the Committee on Regulated Industries and Senators Bronson,
    Dyer, Horne, Casas, Holzendorf, Childers, Geller and Sullivan




    315-1788A-99

  1                      A bill to be entitled

  2         An act relating to the Public Service

  3         Commission; amending s. 367.081, F.S.;

  4         prohibiting the commission from imputing

  5         prospective future

  6         contributions-in-aid-of-construction against

  7         certain utility investments in certain rate

  8         proceedings; providing construction; requiring

  9         the commission to approve rates for certain

10         services under certain circumstances; providing

11         construction; deleting a requirement that the

12         commission consider a utility's investments in

13         certain lands or facilities in setting final

14         rates; providing an effective date.

15

16  Be It Enacted by the Legislature of the State of Florida:

17

18         Section 1.  Paragraph (a) of subsection (2) of section

19  367.081, Florida Statutes, is amended to read:

20         367.081  Rates; procedure for fixing and changing.--

21         (2)(a)1.  The commission shall, either upon request or

22  upon its own motion, fix rates which are just, reasonable,

23  compensatory, and not unfairly discriminatory.  In every such

24  proceeding, the commission shall consider the value and

25  quality of the service and the cost of providing the service,

26  which shall include, but not be limited to, debt interest; the

27  requirements of the utility for working capital; maintenance,

28  depreciation, tax, and operating expenses incurred in the

29  operation of all property used and useful in the public

30  service; and a fair return on the investment of the utility in

31  property used and useful in the public service. However, the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 1352
    315-1788A-99




  1  commission shall not allow the inclusion of

  2  contributions-in-aid-of-construction in the rate base of any

  3  utility during a rate proceeding, nor shall the commission

  4  impute prospective future contributions-in-aid-of-construction

  5  against the utility's investment in property used and useful

  6  in the public service; and accumulated depreciation on such

  7  contributions-in-aid-of-construction shall not be used to

  8  reduce the rate base, nor shall depreciation on such

  9  contributed assets be considered a cost of providing utility

10  service.

11         2.  For purposes of such proceedings, the commission

12  shall consider utility property, including land acquired or

13  facilities constructed or to be constructed within a

14  reasonable time in the future, not to exceed 24 months after

15  the end of the historic base year used to set final rates

16  unless a longer period is approved by the commission, to be

17  used and useful in the public service, if:

18         a.  Such property is needed to serve current customers;

19         b.  Such property is needed to serve customers 5 years

20  after the end of the test year used in the commission's final

21  order on a rate request as provided in subsection (6) at a

22  growth rate for equivalent residential connections not to

23  exceed 5 percent per year; or

24         c.  Such property is needed to serve customers more

25  than 5 full years after the end of the test year used in the

26  commission's final order on a rate request as provided in

27  subsection (6) only to the extent that the utility presents

28  clear and convincing evidence to justify such consideration.

29

30  Notwithstanding the provisions of this paragraph, the

31  commission shall approve rates for service which allow a

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                           CS for SB 1352
    315-1788A-99




  1  utility to recover from customers the full amount of

  2  environmental compliance costs. Such rates may not include

  3  charges for allowances for funds prudently invested or similar

  4  charges. For purposes of this requirement, the term

  5  "environmental compliance costs" includes all reasonable

  6  expenses and fair return on any prudent investment incurred by

  7  a utility in complying with the requirements or conditions

  8  contained in any permitting, enforcement, or similar decisions

  9  of the United States Environmental Protection Agency, the

10  Department of Environmental Protection, a water management

11  district, or any other governmental entity with similar

12  regulatory jurisdiction. The commission shall also consider

13  the investment of the utility in land acquired or facilities

14  constructed or to be constructed in the public interest within

15  a reasonable time in the future, not to exceed, unless

16  extended by the commission, 24 months from the end of the

17  historical test period used to set final rates.

18         Section 2.  This act does not apply to rate cases

19  pending on March 11, 1999.

20         Section 3.  This act shall take effect upon becoming a

21  law.

22

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                             SB 1352

25

26  Imposes a period of time not to exceed 24 months, unless
    lengthened by the Commission, within which facilities to be
27  constructed in the future can be added to the rate base as
    used and useful in the public service.
28
    Sets the rate of growth for equivalent residential connections
29  in the new 5-year margin reserve period in an amount not to
    exceed 5% per annum.
30

31

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