The 2023 Florida Statutes (including Special Session C)
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. . . Section 366.06(1), Florida Statutes (2017), provides that [t]he commission shall investigate and determine . . .
. . . This issue involves the Commission interpreting section 366.06(1), Florida Statutes (2017), which it . . . The Commission's Appropriate Standard Pursuant to section 366.06(1), Florida Statutes, the Commission . . . Id. § 366.06(1). . . . Section 366.06 details the Commission's procedures for ratemaking, and it expressly contemplates cost . . . Section 366.06 has not been amended since 1995; thus at all relevant times the statutory language has . . .
. . . I disagree with the majority’s conclusion that under sections 366.06(1) and 366.02(2), Florida-Statutes . . . operates an electric generation, ■ transmission, or distribution system within the state[,]” and section 366.06 . . . Comm’n, 425 So.2d 534, 540 (Fla.1982) (citing. §§ 366.06(2), 366.05(1), Fla. Stat. (1979)). . . . See § 366.06(1), Fla. . . . As explained above, section 366.06(1) provides that the PSC has the authority to determine and fix fair . . .
. . . . §§ 366.06(4); 367.081(8), Fla. . . .
. . . Florida Power & Light (FPL) filed an application for a rate base increase pursuant to section 366.06( . . . chapter 366; the Commission’s authority to fix fair, just, and reasonable rates pursuant to section 366.06 . . . Section 366.06(1) provides in relevant part that “[a]ll applications for changes in rates shall be made . . . (a) The petition under Sections 366.06 and 366.071, F.S., for adjustment of rates must include or be . . . Section 366.06(2), F.S., provides that when approved rates charged by a utility do not provide reasonable . . .
. . . that the debtor pay what the utility demands, unless the court orders otherwise ” (emphasis added)), 366.06 . . .
. . . . §§ 366.04(1)-(2), 366.041(1), & 366.06, Fla. Stat. (2008). . . .
. . . Florida Public Service Commission (“Commission”); the Commission is empowered to set utility rates, § 366.06 . . . Section 366.06 provides in relevant part: 366.06 Rates: procedure for fixing and changing. (1) A public . . .
. . . See, e.g., In re Carter, 133 B.R. 110, 112 (Bankr.N.D.Ohio 1991); 3 Colliers on Bankruptcy ¶ 366.06 ( . . .
. . . The Debtors’ plan proposes to pay $366.06 a month for months 1 to 9 and then $357.78 a month for months . . .
. . . .” §§ 366.06(2), 366.05(1), Florida Statutes (1979). . . .
. . . Rejecting the utility’s contention, we found that since section 366.06(1), Florida Statutes (1985), compelled . . .
. . . standard offer contract constitute reasonable and prudent expenditures by the utility under section 366.06 . . . We believe that the Commission acted within its authority under sections 366.06, 366.051 and 366.81. . . .
. . . Section 366.06(1), Florida Statutes (1991), which directs that a public utility may not impose any charge . . .
. . . enacted in chapter 74-195, Laws of Florida, these laws at present are found in sections 364.05(4), 366.06 . . . interpretation is also consistent with the senate staff analysis which accompanied the 1980 amendment to section 366.06 . . .
. . . that TECO’s petition constituted a filing for a rate change under the file-and-suspend law, section 366.06 . . .
. . . . § 366.06(3), Fla.Stat. (1987). As we reaffirmed in Citizens of the State of Florida v. . . . service rider which was the equivalent of withholding its consent to the tariff pursuant to section 366.06 . . .
. . . should be imposed on the exercise of the PSC’s authority other than those already found in section 366.06 . . .
. . . Subsection 366.06(2) requires the PSC to determine reasonable rates to be charged for utility services . . . Subsection 366.06(1) requires the PSC to fix fair, just and reasonable rates for each customer class . . .
. . . authority, a utility seeking a change must demonstrate that the present rates are unreasonable, see section 366.06 . . .
. . . . § 366.06(1). All rates must be fair and reasonable and must not be unduly discriminatory. . . . Section 366.06(1), Florida Statutes (1985), provides as follows: (1) A public utility shall not, directly . . .
. . . The issue here is whether sub- ■ section 366.06(3) or subsection 717.05(2), Florida Statutes (1983), . . . The PSC denied the motion, finding that subsection 366.06(3), Florida Statutes (1983), authorizes the . . . Thus, the PSC misplaces its reliance on subsection 366.06(3) because that statute only authorizes the . . . By its terms, subsection 366.06(3) does not apply to municipal utility refunds. . . . Commission, 433 So.2d 505 (Fla.1983), we approved the PSC’s use of the factors set out in subsection 366.06 . . .
. . . See § 366.06, Fla.Stat. (1981). . . .
. . . Pursuant to the Commission’s authority under section 366.06(3), Florida Statutes (Supp.1980), the Commission . . . hearing oral argument on FP & L’s contention that interim rates could be awarded pursuant to section 366.06 . . . procedures for interim rate relief and complements the statutory “file and suspend” procedure of section 366.06 . . . The Commission is, however, given twelve months to deliberate and grant a permanent award. § 366.06(3 . . .
. . . setting out strict standards by which to justify the surcharge, the PSC relied on the mandates of section 366.06 . . . These factors, together with the factors which section 366.06(1) mandates the PSC must consider when . . . should be imposed on the exercise of the PSC’s authority other than those already found in section 366.06 . . . We further find that section 366.06(1), in conjunction with the other factors referred to in this opinion . . .
. . . allowance of projected construction work in progress (CWIP) in the rate base is prohibited by section 366.06 . . . Public Counsel does not challenge the projected test year concept generally, he argues that section 366.06 . . . This Court has ruled that section 366.06(2), Florida Statutes, does not prohibit the inclusion of CWIP . . . The statutory standard imposed upon the Commission is to fix “fair, just and reasonable rates.” §§ 366.06 . . . The purpose of section 366.06(4), which gives the Commission the authority to award interim relief, is . . .
. . . Gulf Power filed its petition and proposed rate schedules on March 3, 1980, pursuant to section 366.06 . . . J., concurs in result only. . § 366.06(2), Fla.Stat. (Supp.1980); Gulf Power Co. v. . . .
. . . While the commission has the duty under section 366.06(2), Florida Statutes (1979), to “determine the . . .
. . . . § 366.06(4), Fla.Stat. (1979). . § 350.031, Fla.Stat. (1979). . . .
. . . This procedure involves an application filed by petitioner Florida Gas Company pursuant to section 366.06 . . . The pertinent portion of section 366.06(4), Florida Statutes (1977), provides as follows: Pending a final . . .
. . . Within the 30 day period provided by Section 366.06(4), FS, we suspended in Order No. 7791, the operation . . .
. . . appropriate rate relief, and the Commission will have the statutory 30-day period established in Section 366.06 . . . Sections 366.06(3); 366.07, Florida Statutes (1975). . . . Within this framework is the so-called “File and Suspend Law”, Section 366.06(4), Florida Statutes (1975 . . . The Commission cannot consent to an interim rate increase pursuant to Section 366.06(4) Florida Statutes . . . that Florida Power has no constitutional right of due process in the benefits flowing from Section 366.06 . . .
. . . See, e. g., §§ 366.06(3) and 366.07. . . .
. . . of Southern Bell is a proper substantive basis on which to award interim rate relief under Section 366.06 . . . in conformity with this opinion, including a direction to refund to FP&L’s customers under Section 366.06 . . . Section 366.06(4) authorizes Commission action to suspend rates for up to 8 months after their filing . . .
. . . Sections 366.04(1), 366.05(1), 366.06(3), Fla. Stat. (1975). . . . .
. . . Public Counsel argues that the Commission has exceeded its lawfully delegated authority under Section 366.06 . . . SUNDBERG, J., concurs with an opinion. . 366.06 Rates; procedure for fixing and changing.— (4) Pending . . . discretion by the Commission and, therefore, it has exceeded its lawfully delegated authority under Section 366.06 . . .
. . . . § 366.06(2). .§ 4909.15, Ohio Rev.Code, provides that the Ohio Public Utilities Commission shall set . . .
. . . of the Public Service Commission awarding Gulf Power Company an interim rate increase under Section 366.06 . . . Section 366.06, Florida Statutes (1975), provides general standards for the award of rate increases to . . . Subsection 366.06(4) was created to provide a series of alternatives for the Commission whenever, in . . . Oh. 74-195, § 4, Laws of Florida, now appearing as Section 366.06(4), Fla.Stat. (1975). . . . . Section 366.06(l)-(3), Fla.Stat. (1975). . . .
. . . Section 366.06(4), Fla.Stat. (Supp. 1974). . Fla.Const., art. V, § 3(b) (3) ; Section 366. . . .
. . . granting an interim rate increase to Florida Power Corporation under the statutory authority of Section 366.06 . . . final order of the Commission and therefore reviewable by statutory certiorari, and (2) whether Section 366.06 . . . Under the provisions of Section 366.06, Florida Statutes, the legislature prescribed the method a utility . . . Section 366.06(4), Florida Statutes (1974 Supplement). . . . .
. . . Commission erred in allowing construction work in progress in the rate base in violation of Section 366.06 . . . Commission erred in allowing property held for future use in the rate base in violation of Section 366.06 . . . First, the Attorney General urges that inclusion of construction work violates Fla.Stat. § 366.06(2), . . . with the one in Maryland, without the word “actually” which is utilized in our statute (Fla.Stat. § 366.06 . . . position on construction work is clearly contrary to the intention of the Legislature in Fla.Stat. § 366.06 . . .
. . . The pertinent provisions of the law*are found in §366.06(3), F.S., which provides in part as follows . . . — “Section 366.06. — Rates; procedure for fixing and changing. (1) * * * (2) * * * (3) Whenever the commission . . . above-quoted language must of course, be considered in pari materia with the provisions of §§366.05(1) and 366.06 . . .
. . . conformity to the statutory authority therefor as outlined in § 193.011 applied in connection with § 366.06 . . .
. . . Sections 364.14 and 366.06, Florida Statutes, F.S.A., deal with the procedures for fixing and changing . . . Section 366.06(2), Florida Statutes, F.S. . . . Sections 366.06(3) and 366.07, F.S.A., read in part: “(3) Whenever the commission shall find, upon request . . .
. . . agreements, 182 So.2d 429, we relied heavily upon the fact that in Sections 366.03, 366.04, 366.05, 366.06 . . .
. . . Section 366.06(2) relates to the setting of rates. . . .
. . . . § 366.06(3), Fla.Stat, F.S.A. . . .
. . . particularly applicable where, as here, the cost of the property enters into the utility’s rate base, Section 366.06 . . .