Florida Senate - 2017                                    SB 1100
       By Senator Rodriguez
       37-01318-17                                           20171100__
    1                        A bill to be entitled                      
    2         An act relating to the repeal of nuclear cost
    3         recovery; repealing s. 366.93, F.S., relating to cost
    4         recovery mechanisms for the siting, design, licensing,
    5         and construction of nuclear and integrated
    6         gasification combined cycle power plants, including
    7         mechanisms that promote utility investment in, and
    8         allow for recovery in electric utility rates of
    9         certain costs of, such plants; repealing s. 366.95,
   10         F.S., relating to financing for certain nuclear
   11         generating asset retirement or abandonment costs;
   12         amending s. 403.519, F.S.; deleting provisions
   13         limiting challenges to a utility’s right to recover
   14         costs incurred before commercial operation of certain
   15         plants; providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Sections 366.93 and 366.95, Florida Statutes,
   20  are repealed.
   21         Section 2. Paragraph (e) of subsection (4) of section
   22  403.519, Florida Statutes, is amended to read:
   23         403.519 Exclusive forum for determination of need.—
   24         (4) In making its determination on a proposed electrical
   25  power plant using nuclear materials or synthesis gas produced by
   26  integrated gasification combined cycle power plant as fuel, the
   27  commission shall hold a hearing within 90 days after the filing
   28  of the petition to determine need and shall issue an order
   29  granting or denying the petition within 135 days after the date
   30  of the filing of the petition. The commission shall be the sole
   31  forum for the determination of this matter and the issues
   32  addressed in the petition, which accordingly shall not be
   33  reviewed in any other forum, or in the review of proceedings in
   34  such other forum. In making its determination to either grant or
   35  deny the petition, the commission shall consider the need for
   36  electric system reliability and integrity, including fuel
   37  diversity, the need for base-load generating capacity, the need
   38  for adequate electricity at a reasonable cost, and whether
   39  renewable energy sources and technologies, as well as
   40  conservation measures, are utilized to the extent reasonably
   41  available.
   42         (e)After a petition for determination of need for a
   43  nuclear or integrated gasification combined cycle power plant
   44  has been granted, the right of a utility to recover any costs
   45  incurred prior to commercial operation, including, but not
   46  limited to, costs associated with the siting, design, licensing,
   47  or construction of the plant and new, expanded, or relocated
   48  electrical transmission lines or facilities of any size that are
   49  necessary to serve the nuclear power plant, shall not be subject
   50  to challenge unless and only to the extent the commission finds,
   51  based on a preponderance of the evidence adduced at a hearing
   52  before the commission under s. 120.57, that certain costs were
   53  imprudently incurred. Proceeding with the construction of the
   54  nuclear or integrated gasification combined cycle power plant
   55  following an order by the commission approving the need for the
   56  nuclear or integrated gasification combined cycle power plant
   57  under this act shall not constitute or be evidence of
   58  imprudence. Imprudence shall not include any cost increases due
   59  to events beyond the utility’s control. Further, a utility’s
   60  right to recover costs associated with a nuclear or integrated
   61  gasification combined cycle power plant may not be raised in any
   62  other forum or in the review of proceedings in such other forum.
   63  Costs incurred prior to commercial operation shall be recovered
   64  pursuant to chapter 366.
   65         Section 3. This act shall take effect July 1, 2017.