Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 2094
       
       
       
       
       
       
                                Barcode 693814                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/14/2012           .                                
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       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.