| 1 | A bill to be entitled |
| 2 | An act relating to power plants; amending s. 366.93, F.S.; |
| 3 | revising definitions related to certain power plants to |
| 4 | include integrated gasification combined cycle power |
| 5 | plants; requiring the Public Service Commission to |
| 6 | implement rules related to integrated gasification |
| 7 | combined cycle power plant cost recovery; requiring a |
| 8 | report; amending s. 403.502, F.S.; providing legislative |
| 9 | intent for the consideration of renewable energy sources |
| 10 | and technologies and conservation measures in actions |
| 11 | related to electrical power plant and transmission line |
| 12 | siting; amending s. 403.519, F.S.; providing requirements |
| 13 | and procedures for determination of need for integrated |
| 14 | gasification combined cycle power plants; requiring |
| 15 | consideration of renewable energy sources and technologies |
| 16 | and conservation measures in power plant siting |
| 17 | determinations; providing an exemption from purchased |
| 18 | power supply bid rules under certain circumstances; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 366.93, Florida Statutes, is amended to |
| 24 | read: |
| 25 | 366.93 Cost recovery for the siting, design, licensing, |
| 26 | and construction of nuclear and integrated gasification combined |
| 27 | cycle power plants.-- |
| 28 | (1) As used in this section, the term: |
| 29 | (a) "Cost" includes, but is not limited to, all capital |
| 30 | investments, including rate of return, any applicable taxes, and |
| 31 | all expenses, including operation and maintenance expenses, |
| 32 | related to or resulting from the siting, licensing, design, |
| 33 | construction, or operation of the nuclear or integrated |
| 34 | gasification combined cycle power plant. |
| 35 | (b) "Electric utility" or "utility" has the same meaning |
| 36 | as that provided in s. 366.8255(1)(a). |
| 37 | (c) "Integrated gasification combined cycle power plant" |
| 38 | or "plant" is an electrical power plant as defined in s. |
| 39 | 403.503(13) that uses synthesis gas produced by integrated |
| 40 | gasification technology. |
| 41 | (d)(c) "Nuclear power plant" or "plant" is an electrical |
| 42 | power plant as defined in s. 403.503(13)(12) that uses nuclear |
| 43 | materials for fuel. |
| 44 | (e) "Power plant" or "plant" means a nuclear power plant |
| 45 | or an integrated gasification combined cycle power plant. |
| 46 | (f)(d) "Preconstruction" is that period of time after a |
| 47 | site has been selected through and including the date the |
| 48 | utility completes site clearing work. Preconstruction costs |
| 49 | shall be afforded deferred accounting treatment and shall accrue |
| 50 | a carrying charge equal to the utility's allowance for funds |
| 51 | during construction (AFUDC) rate until recovered in rates. |
| 52 | (2) Within 6 months after the enactment of this act, the |
| 53 | commission shall establish, by rule, alternative cost recovery |
| 54 | mechanisms for the recovery of costs incurred in the siting, |
| 55 | design, licensing, and construction of a nuclear or integrated |
| 56 | gasification combined cycle power plant. Such mechanisms shall |
| 57 | be designed to promote utility investment in nuclear or |
| 58 | integrated gasification combined cycle power plants and allow |
| 59 | for the recovery in rates of all prudently incurred costs, and |
| 60 | shall include, but are not limited to: |
| 61 | (a) Recovery through the capacity cost recovery clause of |
| 62 | any preconstruction costs. |
| 63 | (b) Recovery through an incremental increase in the |
| 64 | utility's capacity cost recovery clause rates of the carrying |
| 65 | costs on the utility's projected construction cost balance |
| 66 | associated with the nuclear or integrated gasification combined |
| 67 | cycle power plant. To encourage investment and provide |
| 68 | certainty, for nuclear or integrated gasification combined cycle |
| 69 | power plant need petitions submitted on or before December 31, |
| 70 | 2010, associated carrying costs shall be equal to the pretax |
| 71 | AFUDC in effect upon this act becoming law. For nuclear or |
| 72 | integrated gasification combined cycle power plants for which |
| 73 | need petitions are submitted after December 31, 2010, the |
| 74 | utility's existing pretax AFUDC rate is presumed to be |
| 75 | appropriate unless determined otherwise by the commission in the |
| 76 | determination of need for the nuclear or integrated gasification |
| 77 | combined cycle power plant. |
| 78 | (3) After a petition for determination of need is granted, |
| 79 | a utility may petition the commission for cost recovery as |
| 80 | permitted by this section and commission rules. |
| 81 | (4) When the nuclear or integrated gasification combined |
| 82 | cycle power plant is placed in commercial service, the utility |
| 83 | shall be allowed to increase its base rate charges by the |
| 84 | projected annual revenue requirements of the nuclear or |
| 85 | integrated gasification combined cycle power plant based on the |
| 86 | jurisdictional annual revenue requirements of the plant for the |
| 87 | first 12 months of operation. The rate of return on capital |
| 88 | investments shall be calculated using the utility's rate of |
| 89 | return last approved by the commission prior to the commercial |
| 90 | inservice date of the nuclear or integrated gasification |
| 91 | combined cycle power plant. If any existing generating plant is |
| 92 | retired as a result of operation of the nuclear or integrated |
| 93 | gasification combined cycle power plant, the commission shall |
| 94 | allow for the recovery, through an increase in base rate |
| 95 | charges, of the net book value of the retired plant over a |
| 96 | period not to exceed 5 years. |
| 97 | (5) The utility shall report to the commission annually |
| 98 | the budgeted and actual costs as compared to the estimated |
| 99 | inservice cost of the nuclear or integrated gasification |
| 100 | combined cycle power plant provided by the utility pursuant to |
| 101 | s. 403.519(4), until the commercial operation of the nuclear or |
| 102 | integrated gasification combined cycle power plant. The utility |
| 103 | shall provide such information on an annual basis following the |
| 104 | final order by the commission approving the determination of |
| 105 | need for the nuclear or integrated gasification combined cycle |
| 106 | power plant, with the understanding that some costs may be |
| 107 | higher than estimated and other costs may be lower. |
| 108 | (6) In the event the utility elects not to complete or is |
| 109 | precluded from completing construction of the nuclear or |
| 110 | integrated gasification combined cycle power plant, the utility |
| 111 | shall be allowed to recover all prudent preconstruction and |
| 112 | construction costs incurred following the commission's issuance |
| 113 | of a final order granting a determination of need for the |
| 114 | nuclear or integrated gasification combined cycle power plant. |
| 115 | The utility shall recover such costs through the capacity cost |
| 116 | recovery clause over a period equal to the period during which |
| 117 | the costs were incurred or 5 years, whichever is greater. The |
| 118 | unrecovered balance during the recovery period will accrue |
| 119 | interest at the utility's weighted average cost of capital as |
| 120 | reported in the commission's earnings surveillance reporting |
| 121 | requirement for the prior year. |
| 122 | Section 2. Subsection (4) is added to section 403.502, |
| 123 | Florida Statutes, to read: |
| 124 | 403.502 Legislative intent.--The Legislature finds that |
| 125 | the present and predicted growth in electric power demands in |
| 126 | this state requires the development of a procedure for the |
| 127 | selection and utilization of sites for electrical generating |
| 128 | facilities and the identification of a state position with |
| 129 | respect to each proposed site. The Legislature recognizes that |
| 130 | the selection of sites and the routing of associated |
| 131 | transmission lines will have a significant impact upon the |
| 132 | welfare of the population, the location and growth of industry, |
| 133 | and the use of the natural resources of the state. The |
| 134 | Legislature finds that the efficiency of the permit application |
| 135 | and review process at both the state and local level would be |
| 136 | improved with the implementation of a process whereby a permit |
| 137 | application would be centrally coordinated and all permit |
| 138 | decisions could be reviewed on the basis of standards and |
| 139 | recommendations of the deciding agencies. It is the policy of |
| 140 | this state that, while recognizing the pressing need for |
| 141 | increased power generation facilities, the state shall ensure |
| 142 | through available and reasonable methods that the location and |
| 143 | operation of electrical power plants will produce minimal |
| 144 | adverse effects on human health, the environment, the ecology of |
| 145 | the land and its wildlife, and the ecology of state waters and |
| 146 | their aquatic life and will not unduly conflict with the goals |
| 147 | established by the applicable local comprehensive plans. It is |
| 148 | the intent to seek courses of action that will fully balance the |
| 149 | increasing demands for electrical power plant location and |
| 150 | operation with the broad interests of the public. Such action |
| 151 | will be based on these premises: |
| 152 | (4) To assure the citizens of Florida that renewable |
| 153 | energy sources and technologies, as well as conservation |
| 154 | measures, are utilized to the extent reasonably available. |
| 155 | Section 3. Subsections (3) and (4) of section 403.519, |
| 156 | Florida Statutes, are amended to read: |
| 157 | 403.519 Exclusive forum for determination of need.-- |
| 158 | (3) The commission shall be the sole forum for the |
| 159 | determination of this matter, which accordingly shall not be |
| 160 | raised in any other forum or in the review of proceedings in |
| 161 | such other forum. In making its determination, the commission |
| 162 | shall take into account the need for electric system reliability |
| 163 | and integrity, the need for adequate electricity at a reasonable |
| 164 | cost, the need for fuel diversity and supply reliability, and |
| 165 | whether the proposed plant is the most cost-effective |
| 166 | alternative available, and whether renewable energy sources and |
| 167 | technologies, as well as conservation measures, are utilized to |
| 168 | the extent reasonably available. The commission shall also |
| 169 | expressly consider the conservation measures taken by or |
| 170 | reasonably available to the applicant or its members which might |
| 171 | mitigate the need for the proposed plant and other matters |
| 172 | within its jurisdiction which it deems relevant. The |
| 173 | commission's determination of need for an electrical power plant |
| 174 | shall create a presumption of public need and necessity and |
| 175 | shall serve as the commission's report required by s. |
| 176 | 403.507(4). An order entered pursuant to this section |
| 177 | constitutes final agency action. |
| 178 | (4) In making its determination on a proposed electrical |
| 179 | power plant using nuclear materials or synthesis gas produced by |
| 180 | integrated gasification combined cycle power plant as fuel, the |
| 181 | commission shall hold a hearing within 90 days after the filing |
| 182 | of the petition to determine need and shall issue an order |
| 183 | granting or denying the petition within 135 days after the date |
| 184 | of the filing of the petition. The commission shall be the sole |
| 185 | forum for the determination of this matter and the issues |
| 186 | addressed in the petition, which accordingly shall not be |
| 187 | reviewed in any other forum, or in the review of proceedings in |
| 188 | such other forum. In making its determination to either grant or |
| 189 | deny the petition, the commission shall consider the need for |
| 190 | electric system reliability and integrity, including fuel |
| 191 | diversity, the need for base-load generating capacity, and the |
| 192 | need for adequate electricity at a reasonable cost, and whether |
| 193 | renewable energy sources and technologies, as well as |
| 194 | conservation measures, are utilized to the extent reasonably |
| 195 | available. |
| 196 | (a) The applicant's petition shall include: |
| 197 | 1. A description of the need for the generation capacity. |
| 198 | 2. A description of how the proposed nuclear or integrated |
| 199 | gasification combined cycle power plant will enhance the |
| 200 | reliability of electric power production within the state by |
| 201 | improving the balance of power plant fuel diversity and reducing |
| 202 | Florida's dependence on fuel oil and natural gas. |
| 203 | 3. A description of and a nonbinding estimate of the cost |
| 204 | of the nuclear or integrated gasification combined cycle power |
| 205 | plant. |
| 206 | 4. The annualized base revenue requirement for the first |
| 207 | 12 months of operation of the nuclear or integrated gasification |
| 208 | combined cycle power plant. |
| 209 | 5. Information on whether there were any discussions with |
| 210 | any electric utilities regarding ownership of a portion of the |
| 211 | nuclear or integrated gasification combined cycle power plant by |
| 212 | such electric utilities. |
| 213 | (b) In making its determination, the commission shall take |
| 214 | into account matters within its jurisdiction, which it deems |
| 215 | relevant, including whether the nuclear or integrated |
| 216 | gasification combined cycle power plant will: |
| 217 | 1. Provide needed base-load capacity. |
| 218 | 2. Enhance the reliability of electric power production |
| 219 | within the state by improving the balance of power plant fuel |
| 220 | diversity and reducing Florida's dependence on fuel oil and |
| 221 | natural gas. |
| 222 | 3. Provide the most cost-effective source of power, taking |
| 223 | into account the need to improve the balance of fuel diversity, |
| 224 | reduce Florida's dependence on fuel oil and natural gas, reduce |
| 225 | air emission compliance costs, and contribute to the long-term |
| 226 | stability and reliability of the electric grid. |
| 227 | (c) No provision of rule 25-22.082, Florida Administrative |
| 228 | Code, shall be applicable to a nuclear or integrated |
| 229 | gasification combined cycle power plant sited under this act, |
| 230 | including provisions for cost recovery, and an applicant shall |
| 231 | not otherwise be required to secure competitive proposals for |
| 232 | power supply prior to making application under this act or |
| 233 | receiving a determination of need from the commission. |
| 234 | (d) The commission's determination of need for a nuclear |
| 235 | or integrated gasification combined cycle power plant shall |
| 236 | create a presumption of public need and necessity and shall |
| 237 | serve as the commission's report required by s. 403.507(4)(a). |
| 238 | An order entered pursuant to this section constitutes final |
| 239 | agency action. Any petition for reconsideration of a final order |
| 240 | on a petition for need determination shall be filed within 5 |
| 241 | days after the date of such order. The commission's final order, |
| 242 | including any order on reconsideration, shall be reviewable on |
| 243 | appeal in the Florida Supreme Court. Inasmuch as delay in the |
| 244 | determination of need will delay siting of a nuclear or |
| 245 | integrated gasification combined cycle power plant or diminish |
| 246 | the opportunity for savings to customers under the federal |
| 247 | Energy Policy Act of 2005, the Supreme Court shall proceed to |
| 248 | hear and determine the action as expeditiously as practicable |
| 249 | and give the action precedence over matters not accorded similar |
| 250 | precedence by law. |
| 251 | (e) After a petition for determination of need for a |
| 252 | nuclear or integrated gasification combined cycle power plant |
| 253 | has been granted, the right of a utility to recover any costs |
| 254 | incurred prior to commercial operation, including, but not |
| 255 | limited to, costs associated with the siting, design, licensing, |
| 256 | or construction of the plant, shall not be subject to challenge |
| 257 | unless and only to the extent the commission finds, based on a |
| 258 | preponderance of the evidence adduced at a hearing before the |
| 259 | commission under s. 120.57, that certain costs were imprudently |
| 260 | incurred. Proceeding with the construction of the nuclear or |
| 261 | integrated gasification combined cycle power plant following an |
| 262 | order by the commission approving the need for the nuclear or |
| 263 | integrated gasification combined cycle power plant under this |
| 264 | act shall not constitute or be evidence of imprudence. |
| 265 | Imprudence shall not include any cost increases due to events |
| 266 | beyond the utility's control. Further, a utility's right to |
| 267 | recover costs associated with a nuclear or integrated |
| 268 | gasification combined cycle power plant may not be raised in any |
| 269 | other forum or in the review of proceedings in such other forum. |
| 270 | Costs incurred prior to commercial operation shall be recovered |
| 271 | pursuant to chapter 366. |
| 272 | Section 4. This act shall take effect upon becoming a law. |