Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for SB 2094 Barcode 693814 LEGISLATIVE ACTION Senate . House Comm: WD . 02/14/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Agriculture (Montford) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 874 and 875 4 insert: 5 Section 10. Section 366.95, Florida Statutes, is created to 6 read: 7 366.95 Certified generation adjustment.— 8 (1) For any electrical power plant that will increase 9 utility efficiencies or reduce fuel costs and that has been 10 certified in a need determination pursuant to s. 403.519 and 11 site certification pursuant to ss. 403.501-403.518, a public 12 utility may file a request for, and the Public Service 13 Commission shall authorize, the recovery of the nonfuel revenue 14 requirements associated with that electric power plant for the 15 first 12 months of operation based on the public utility’s 16 authorized return on equity at the time of the filing or 17 commercial operation, whichever is later, through an incremental 18 adjustment to base rates. The filing may be made at any time 19 subsequent to the need determination, but no sooner than in the 20 annual fuel and capacity clause filing for the year before the 21 electric power plant is scheduled to go into commercial 22 operation, and the incremental base rate adjustment shall be 23 effective upon commercial operation, or such later date as may 24 be requested by the public utility. 25 (2) Until the actual construction costs are determined, the 26 revenue requirements calculated pursuant to subsection (1) shall 27 reflect the estimated construction costs upon which the need 28 determination for the electric power plant was based. If the 29 incremental base rate adjustment was based on a need 30 determination estimate that exceeds the actual construction 31 costs, the utility shall notify the commission and propose a 32 reduction to the incremental base rate adjustment to reflect the 33 actual construction costs when such costs have been determined. 34 An incremental base rate adjustment may not reflect any excess 35 in actual construction costs over the need determination 36 estimate, except through a proceeding pursuant to s. 366.076 or 37 a general base rate proceeding. The commission may, at its 38 discretion, conduct an expedited proceeding pursuant to s. 39 366.076, which may not be expanded or consolidated with any 40 other proceeding, to determine that the actual construction 41 costs are prudent. During the pendency of any such proceeding, 42 the incremental base rate adjustment amounts collected by the 43 utility commencing on the date that the proceeding is initiated 44 are subject to refund. 45 46 ================= T I T L E A M E N D M E N T ================ 47 And the title is amended as follows: 48 Delete line 63 49 and insert: 50 charging station; providing a penalty; creating s. 51 366.95, F.S.; authorizing a public utility to file a 52 request with the Public Service Commission for the 53 recovery of nonfuel revenue requirements associated 54 with an electric power plant for a specified time of 55 operation through an incremental adjustment to base 56 rates; requiring that the public utility notify the 57 commission and propose a reduction to the incremental 58 base rate adjustment when the actual construction 59 costs have been determined; authorizing the commission 60 to conduct an expedited proceeding to determine that 61 the actual construction costs are prudent; amending s.