Senate Bill 1034

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



    Florida Senate - 1998                                  SB 1034

    By Senator Horne





    6-771-98                                           See HB 3185

  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 considering

  5         prospective future

  6         contributions-in-aid-of-construction for

  7         certain purposes; providing construction;

  8         requiring the commission to approve rates for

  9         certain services under certain circumstances;

10         providing construction; providing an effective

11         date.

12

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

14

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

16  367.081, Florida Statutes, is amended to read:

17         367.081  Rates; procedure for fixing and changing.--

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

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

20  compensatory, and not unfairly discriminatory.  In every such

21  proceeding, the commission shall consider the value and

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

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

24  requirements of the utility for working capital; maintenance,

25  depreciation, tax, and operating expenses incurred in the

26  operation of all property used and useful in the public

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

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

29  commission shall not allow the inclusion of

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

31  utility during a rate proceeding, nor shall it impute

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






    Florida Senate - 1998                                  SB 1034
    6-771-98                                           See HB 3185




  1  prospective future contributions-in-aid-of-construction

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

  3  in the public service; and accumulated depreciation on such

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

  5  reduce the rate base, nor shall depreciation on such

  6  contributed assets be considered a cost of providing utility

  7  service.

  8         2.  For purposes of such proceedings, the commission

  9  shall consider utility property, including land acquired or

10  facilities constructed or to be constructed, to be used and

11  useful in the public service, if:

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

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

14  after the expected date of the commission's entry of a final

15  order on a rate request as provided in subsection (6); or

16         c.  Such property is needed to serve customers more

17  than 5 full years after the expected date of the commission's

18  entry of a final order on a rate request as provided in

19  subsection (6) only to the extent the utility presents clear

20  and convincing evidence to justify such consideration.

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22  Notwithstanding the provisions of this paragraph, the

23  commission shall approve rates for service that allow a

24  utility to recover from customers the full amount of

25  environmental compliance costs. Such rates shall not include

26  charges for allowances for funds prudently invested or similar

27  charges. For purposes of this requirement, the term

28  "environmental compliance costs" includes all reasonable

29  expenses and fair return on any prudent investment incurred by

30  a utility in complying with the requirements or conditions

31  contained in any permitting, enforcement, or similar decisions

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






    Florida Senate - 1998                                  SB 1034
    6-771-98                                           See HB 3185




  1  of the United States Environmental Protection Agency, the

  2  Department of Environmental Protection, a water management

  3  district, or any other governmental entity with similar

  4  regulatory jurisdiction. The commission shall also consider

  5  the investment of the utility in land acquired or facilities

  6  constructed or to be constructed in the public interest within

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

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

  9  historical test period used to set final rates.

10         Section 2.  This act shall take effect upon becoming a

11  law.

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14                       LEGISLATIVE SUMMARY

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      Prohibits the Public Service Commission from imputing
16    future contributions-in-aid-of-construction against a
      utility's investment in property. Construes the term
17    "used and useful in public service" as applied to utility
      property for purposes of rate proceedings. Requires the
18    commission to approve rates which allow a utility to
      recover environmental compliance costs. (See bill for
19    details.)

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