Senate Bill sb1256
CODING: Words stricken are deletions; words underlined are additions.
    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:
31
                                  1
CODING: Words stricken are deletions; words underlined are additions.
    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
                                  2
CODING: Words stricken are deletions; words underlined are additions.
    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.
                                  3
CODING: Words stricken are deletions; words underlined are additions.
    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.
31
                                  4
CODING: Words stricken are deletions; words underlined are additions.