Senate Bill sb1256

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    Florida Senate - 2002                                  SB 1256

    By Senator Campbell





    33-1306-02

  1                      A bill to be entitled

  2         An act relating to electric utilities; amending

  3         s. 403.503, F.S.; redefining the term "electric

  4         utility"; amending s. 403.519, F.S.; providing

  5         that wholesale generators operating under

  6         federal law are electric utilities for purposes

  7         of qualifying as an applicant for a

  8         determination of need; providing criteria for a

  9         determination of need for a wholesale power

10         plant; creating s. 366.052, F.S.; providing for

11         review and approval of proposed transfers of

12         public utility assets by the Florida Public

13         Service Commission; providing an effective

14         date.

15

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

17

18         Section 1.  Subsection (13) of section 403.503, Florida

19  Statutes, is amended to read:

20         403.503  Definitions relating to Florida Electrical

21  Power Plant Siting Act.--As used in this act:

22         (13)  "Electric utility" means cities and towns,

23  counties, public utility districts, regulated electric

24  companies, electric cooperatives, wholesale generators

25  operating under federal law, and joint operating agencies, or

26  combinations thereof, engaged in, or authorized to engage in,

27  the business of generating, transmitting, or distributing

28  electric energy.

29         Section 2.  Section 403.519, Florida Statutes, is

30  amended to read:

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    Florida Senate - 2002                                  SB 1256
    33-1306-02




  1         403.519  Exclusive forum for determination of need.--On

  2  request by an applicant, as defined in s. 403.503, or on its

  3  own motion, the commission shall begin a proceeding to

  4  determine the need for an electrical power plant subject to

  5  the Florida Electrical Power Plant Siting Act.  The commission

  6  shall publish a notice of the proceeding in a newspaper of

  7  general circulation in each county in which the proposed

  8  electrical power plant will be located.  The notice shall be

  9  at least one-quarter of a page and published at least 45 days

10  prior to the scheduled date for the proceeding.  The

11  commission shall be the sole forum for the determination of

12  this matter, which accordingly shall not be raised in any

13  other forum or in the review of proceedings in such other

14  forum.  In making its determination, the commission shall take

15  into account the need for electric system reliability and

16  integrity, the need for adequate electricity at a reasonable

17  cost, and whether the proposed plant is the most

18  cost-effective alternative available. When a wholesale

19  generator applies for a determination of need for a proposed

20  wholesale power plant, the determination is to be made by

21  applying these factors on a statewide basis, and the applicant

22  is not required to demonstrate that a utility serving retail

23  customers has a specific committed need for all of the

24  electrical power to be generated at the proposed power plant

25  or that the proposed power plant output is fully committed to

26  use by customers in this state who purchase electrical power

27  at retail rates. Additionally, because the wholesale

28  generator's costs are not recoverable directly from retail

29  rate payers, the commission is not to consider whether a

30  proposed power plant is the most cost-effective alternative

31  available to meet the need. The commission shall also

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    Florida Senate - 2002                                  SB 1256
    33-1306-02




  1  expressly consider the conservation measures taken by or

  2  reasonably available to the applicant or its members which

  3  might mitigate the need for the proposed plant and other

  4  matters within its jurisdiction which it deems relevant. The

  5  commission's determination of need for an electrical power

  6  plant shall create a presumption of public need and necessity

  7  and shall serve as the commission's report required by s.

  8  403.507(2)(a)2.  An order entered pursuant to this section

  9  constitutes final agency action.

10         Section 3.  Section 366.052, Florida Statutes, is

11  created to read:

12         366.052  Commission review of asset transfers.--

13         (1)  As used in this section, the term "assets"

14  includes, but is not limited to, real assets, financial

15  assets, construction work in progress, and allowances for

16  funds used during construction. However, the commission may

17  establish, by rule, minimum levels of value of asset transfer

18  that are considered to be immaterial and therefore not subject

19  to the requirements of this section.

20         (2)  A public utility may not sell, assign, lease, or

21  transfer its facilities or assets or any portion thereof

22  without approval of the commission based upon its

23  determination that the proposed sale, assignment, lease, or

24  transfer is in the public interest and that the buyer,

25  assignee, lessee, or transferee will fulfill the commitments,

26  obligations, and representations of the public utility.

27  However, a sale, assignment, lease, or transfer of its

28  facilities or assets or any portion thereof may occur before

29  the commission approval if the contract for sale, assignment,

30  lease, or transfer is made contingent upon commission

31  approval.

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    Florida Senate - 2002                                  SB 1256
    33-1306-02




  1         (3)  In its determination of whether a proposed sale,

  2  assignment, lease, or transfer is in the public interest, the

  3  commission shall consider all relevant factors, including, but

  4  not limited to, whether:

  5         (a)  The proposed transaction will adversely affect the

  6  adequacy, efficiency, and reliability of electric service

  7  provided to the public utility's end use customers;

  8         (b)  The proposed transaction will create undue market

  9  power within an area or region of the state, and if so,

10  whether that market power can be mitigated;

11         (c)  The proposed transaction will result in increased

12  cost of electric service provided to the public utility's end

13  use customers without offsetting benefits;

14         (d)  The proposed transaction will harm the financial

15  condition of the public utility; and

16         (e)  Comparable economic savings can be achieved

17  through other means while avoiding the possible adverse

18  consequences of the proposed transaction.

19         (4)  The commission may approve, deny, or require

20  modification to any proposed sale, assignment, lease, or

21  transfer.

22         Section 4.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          SENATE SUMMARY

27    Redefines the term "electric utility" for purposes of the
      Florida Electrical Power Plant Siting Act. Provides that
28    wholesale generators operating under federal law are
      electric utilities for purposes of qualifying as an
29    applicant for a determination of need. Requires the
      Florida Public Service Commission to review and approve
30    proposed transfers of public utility assets.

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