Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 2176
                        Barcode 422796
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/02/2007 05:09 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 5, between lines 18 and 19,
15  
16  insert:  
17         Section 5.  Section 366.93, Florida Statutes, is
18  amended to read:
19         366.93  Cost recovery for the siting, design,
20  licensing, and construction of nuclear and advanced technology
21  coal power plants.--
22         (1)  As used in this section, the term:
23         (a)  "Advanced technology coal power plant" means an
24  electrical power plant as defined in s. 403.503 which uses
25  coal as a fuel and either is an integrated gasification
26  combined cycle power plant or includes a demonstration project
27  for carbon capture and sequestration.
28         (b)(a)  "Cost" includes, but is not limited to, all
29  capital investments, including rate of return, any applicable
30  taxes, and all expenses, including operation and maintenance
31  expenses, related to or resulting from the siting, licensing,
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2176 Barcode 422796 1 design, construction, or operation of the nuclear or advanced 2 technology coal power plant. 3 (c)(b) "Electric utility" or "utility" has the same 4 meaning as that provided in s. 366.8255(1)(a). 5 (d) "Integrated gasification combined cycle power 6 plant" or "plant" is an electrical power plant as defined in 7 s. 403.503(13) that uses synthesis gas produced by integrated 8 gasification technology. 9 (e)(c) "Nuclear power plant" or "plant" is an 10 electrical power plant as defined in s. 403.503(13) which s. 11 403.503(12) that uses nuclear materials for fuel. 12 (f) "Power plant" or "plant" means a nuclear power 13 plant or an advanced technology coal power plant. 14 (g)(d) "Preconstruction" is that period of time after 15 a site has been selected through and including the date the 16 utility completes site clearing work. Preconstruction costs 17 shall be afforded deferred accounting treatment and shall 18 accrue a carrying charge equal to the utility's allowance for 19 funds during construction (AFUDC) rate until recovered in 20 rates. 21 (2) Within 6 months after the enactment of this act, 22 the commission shall establish, by rule, alternative cost 23 recovery mechanisms for the recovery of costs incurred in the 24 siting, design, licensing, and construction of a nuclear or 25 advanced technology coal power plant. Such mechanisms shall be 26 designed to promote utility investment in nuclear or advanced 27 technology coal power plants and allow for the recovery in 28 rates of all prudently incurred costs, and shall include, but 29 are not limited to: 30 (a) Recovery through the capacity cost recovery clause 31 of any preconstruction costs. 2 4:12 PM 05/01/07 s2176.21cu.00p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2176 Barcode 422796 1 (b) Recovery through an incremental increase in the 2 utility's capacity cost recovery clause rates of the carrying 3 costs on the utility's projected construction cost balance 4 associated with the nuclear or advanced technology coal power 5 plant. To encourage investment and provide certainty, for 6 nuclear or advanced technology coal power plant need petitions 7 submitted on or before December 31, 2010, associated carrying 8 costs shall be equal to the pretax AFUDC in effect upon this 9 act becoming law. For nuclear or advanced technology coal 10 power plants for which need petitions are submitted after 11 December 31, 2010, the utility's existing pretax AFUDC rate is 12 presumed to be appropriate unless determined otherwise by the 13 commission in the determination of need for the nuclear or 14 advanced technology coal power plant. 15 (3) After a petition for determination of need is 16 granted, a utility may petition the commission for cost 17 recovery as permitted by this section and commission rules. 18 (4) When the nuclear or advanced technology coal power 19 plant is placed in commercial service, the utility shall be 20 allowed to increase its base rate charges by the projected 21 annual revenue requirements of the nuclear or advanced 22 technology coal power plant based on the jurisdictional annual 23 revenue requirements of the plant for the first 12 months of 24 operation. The rate of return on capital investments shall be 25 calculated using the utility's rate of return last approved by 26 the commission prior to the commercial inservice date of the 27 nuclear or advanced technology coal power plant. If any 28 existing generating plant is retired as a result of operation 29 of the nuclear or advanced technology coal power plant, the 30 commission shall allow for the recovery, through an increase 31 in base rate charges, of the net book value of the retired 3 4:12 PM 05/01/07 s2176.21cu.00p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2176 Barcode 422796 1 plant over a period not to exceed 5 years. 2 (5) The utility shall report to the commission 3 annually the budgeted and actual costs as compared to the 4 estimated inservice cost of the nuclear or advanced technology 5 coal power plant provided by the utility pursuant to s. 6 403.519(4), until the commercial operation of the nuclear or 7 advanced technology coal power plant. The utility shall 8 provide such information on an annual basis following the 9 final order by the commission approving the determination of 10 need for the nuclear or advanced technology coal power plant, 11 with the understanding that some costs may be higher than 12 estimated and other costs may be lower. 13 (6) In the event the utility elects not to complete or 14 is precluded from completing construction of the nuclear or 15 advanced technology coal power plant, the utility shall be 16 allowed to recover all prudent preconstruction and 17 construction costs incurred following the commission's 18 issuance of a final order granting a determination of need for 19 the nuclear or advanced technology coal power plant. The 20 utility shall recover such costs through the capacity cost 21 recovery clause over a period equal to the period during which 22 the costs were incurred or 5 years, whichever is greater. The 23 unrecovered balance during the recovery period will accrue 24 interest at the utility's weighted average cost of capital as 25 reported in the commission's earnings surveillance reporting 26 requirement for the prior year. 27 Section 6. Subsection (4) of section 403.519, Florida 28 Statutes, is amended to read: 29 403.519 Exclusive forum for determination of need.-- 30 (4) In making its determination on a proposed 31 electrical power plant using nuclear materials as fuel or an 4 4:12 PM 05/01/07 s2176.21cu.00p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2176 Barcode 422796 1 advanced technology coal power plant, the commission shall 2 hold a hearing within 90 days after the filing of the petition 3 to determine need and shall issue an order granting or denying 4 the petition within 135 days after the date of the filing of 5 the petition. The commission shall be the sole forum for the 6 determination of this matter and the issues addressed in the 7 petition, which accordingly shall not be reviewed in any other 8 forum, or in the review of proceedings in such other forum. In 9 making its determination to either grant or deny the petition, 10 the commission shall consider the need for electric system 11 reliability and integrity, including fuel diversity, the need 12 for base-load generating capacity, and the need for adequate 13 electricity at a reasonable cost. 14 (a) The applicant's petition shall include: 15 1. A description of the need for the generation 16 capacity. 17 2. A description of how the proposed nuclear or 18 advanced technology coal power plant will enhance the 19 reliability of electric power production within the state by 20 improving the balance of power plant fuel diversity and 21 reducing Florida's dependence on fuel oil and natural gas. 22 3. A description of and a nonbinding estimate of the 23 cost of the nuclear or advanced technology coal power plant. 24 4. The annualized base revenue requirement for the 25 first 12 months of operation of the nuclear or advanced 26 technology coal power plant. 27 5. Information on whether there were any discussions 28 with any electric utilities regarding ownership of a portion 29 of the nuclear or advanced technology coal power plant by such 30 electric utilities. 31 (b) In making its determination, the commission shall 5 4:12 PM 05/01/07 s2176.21cu.00p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2176 Barcode 422796 1 take into account matters within its jurisdiction, which it 2 deems relevant, including whether the nuclear or advanced 3 technology coal power plant will: 4 1. Provide needed base-load capacity. 5 2. Enhance the reliability of electric power 6 production within the state by improving the balance of power 7 plant fuel diversity and reducing Florida's dependence on fuel 8 oil and natural gas. 9 3. Provide the most cost-effective source of power, 10 taking into account the need to improve the balance of fuel 11 diversity, reduce Florida's dependence on fuel oil and natural 12 gas, reduce air emission compliance costs, and contribute to 13 the long-term stability and reliability of the electric grid. 14 (c) No provision of rule 25-22.082, Florida 15 Administrative Code, shall be applicable to a nuclear or 16 advanced technology coal power plant sited under this act, 17 including provisions for cost recovery, and an applicant shall 18 not otherwise be required to secure competitive proposals for 19 power supply prior to making application under this act or 20 receiving a determination of need from the commission. 21 (d) The commission's determination of need for a 22 nuclear or advanced technology coal power plant shall create a 23 presumption of public need and necessity and shall serve as 24 the commission's report required by s. 403.507(4)(a). An order 25 entered pursuant to this section constitutes final agency 26 action. Any petition for reconsideration of a final order on a 27 petition for need determination shall be filed within 5 days 28 after the date of such order. The commission's final order, 29 including any order on reconsideration, shall be reviewable on 30 appeal in the Florida Supreme Court. Inasmuch as delay in the 31 determination of need will delay siting of a nuclear or 6 4:12 PM 05/01/07 s2176.21cu.00p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2176 Barcode 422796 1 advanced technology coal power plant or diminish the 2 opportunity for savings to customers under the federal Energy 3 Policy Act of 2005, the Supreme Court shall proceed to hear 4 and determine the action as expeditiously as practicable and 5 give the action precedence over matters not accorded similar 6 precedence by law. 7 (e) After a petition for determination of need for a 8 nuclear or advanced technology coal power plant has been 9 granted, the right of a utility to recover any costs incurred 10 prior to commercial operation, including, but not limited to, 11 costs associated with the siting, design, licensing, or 12 construction of the plant, shall not be subject to challenge 13 unless and only to the extent the commission finds, based on a 14 preponderance of the evidence adduced at a hearing before the 15 commission under s. 120.57, that certain costs were 16 imprudently incurred. Proceeding with the construction of the 17 nuclear or advanced technology coal power plant following an 18 order by the commission approving the need for the nuclear or 19 advanced technology coal power plant under this act shall not 20 constitute or be evidence of imprudence. Imprudence shall not 21 include any cost increases due to events beyond the utility's 22 control. Further, a utility's right to recover costs 23 associated with a nuclear or advanced technology coal power 24 plant may not be raised in any other forum or in the review of 25 proceedings in such other forum. Costs incurred prior to 26 commercial operation shall be recovered pursuant to chapter 27 366. 28 29 (Redesignate subsequent sections.) 30 31 7 4:12 PM 05/01/07 s2176.21cu.00p
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 2176 Barcode 422796 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 1-17 4 5 insert: 6 A bill to be entitled 7 An act relating to the environment; amending s. 8 374.975, F.S.; providing that operation and 9 maintenance by the inland navigation districts 10 of the intracoastal waterway and certain other 11 public navigation channels are in the public 12 interest; amending s. 374.976, F.S.; adding 13 nonmember counties that contain any part of the 14 intracoastal waterway within their boundaries 15 to the list of governmental entities with which 16 a district can aid and cooperate; authorizing 17 the Department of Environmental Protection to 18 develop and maintain a list of flocculants for 19 certain uses; amending s. 403.813, F.S.; 20 specifying a mixing zone for turbidity under 21 certain circumstances; amending s. 366.93, 22 F.S., revising definitions relating to certain 23 power plants; requiring the Florida Public 24 Service Commission to implement rules relating 25 to cost recovery; requiring a report; amending 26 s. 403.519, F.S., providing requirements and 27 procedures for determination of need for 28 advanced technology coal power plants; 29 providing an exemption from purchased power 30 supply bid rules under certain circumstances; 31 providing an effective date. 8 4:12 PM 05/01/07 s2176.21cu.00p