Florida Senate - 2009                                    SB 1830
       
       
       
       By Senator Fasano
       
       
       
       
       11-00334A-09                                          20091830__
    1                        A bill to be entitled                      
    2         An act relating to cost recovery regarding nuclear and
    3         integrated gasification combined cycle power plants;
    4         amending s. 366.93, F.S.; authorizing a utility to
    5         recover costs through rates upon a determination by
    6         the Public Service Commission that the costs are
    7         prudent under certain conditions; authorizing the
    8         adjustment of rates that are not deemed prudent by the
    9         commission; requiring the utility to issue credits to
   10         its customers; deleting a provision authorizing the
   11         commission to allow for the recovery of the net book
   12         value of a retired generating plant under certain
   13         circumstances; conforming a provision to changes made
   14         by the act; requiring the commission to terminate
   15         rates approved for an abandoned project and order the
   16         utility to refund customers; deleting provisions that
   17         authorize the utility to recover preconstruction and
   18         construction costs; providing an effective date.
   19         
   20  Be It Enacted by the Legislature of the State of Florida:
   21         
   22         Section 1. Subsections (3), (4), (5), and (6) of section
   23  366.93, Florida Statutes, are amended to read:
   24         366.93 Cost recovery for the siting, design, licensing, and
   25  construction of nuclear and integrated gasification combined
   26  cycle power plants.—
   27         (3) After a petition for determination of need is granted,
   28  a utility may petition the commission for cost recovery of
   29  prudently incurred costs as permitted by this section and
   30  commission rules. The utility may begin recovery of such costs
   31  through rates upon a determination by the commission that the
   32  costs are prudent if the approved rates do not become effective
   33  before January 1, 2011. Any rate currently in effect which
   34  permits recovery of costs subject to this section which the
   35  commission has not deemed prudent, shall be adjusted to remove
   36  the impact of such costs, and the utility shall refund to its
   37  customers an amount equal to the costs removed, plus appropriate
   38  interest, through a credit on customer bills.
   39         (4) When the nuclear or integrated gasification combined
   40  cycle power plant is placed in commercial service, the utility
   41  shall be allowed to increase its base rate charges by the
   42  projected annual revenue requirements of the nuclear or
   43  integrated gasification combined cycle power plant based on the
   44  jurisdictional annual revenue requirements of the plant for the
   45  first 12 months of operation. The rate of return on capital
   46  investments shall be calculated using the utility's rate of
   47  return last approved by the commission prior to the commercial
   48  inservice date of the nuclear or integrated gasification
   49  combined cycle power plant. If any existing generating plant is
   50  retired as a result of operation of the nuclear or integrated
   51  gasification combined cycle power plant, the commission shall
   52  allow for the recovery, through an increase in base rate
   53  charges, of the net book value of the retired plant over a
   54  period not to exceed 5 years.
   55         (5) The utility shall report to the commission annually the
   56  budgeted and actual costs as compared to the estimated inservice
   57  cost of the nuclear or integrated gasification combined cycle
   58  power plant provided by the utility pursuant to s. 403.519(4),
   59  until the commercial operation of the nuclear or integrated
   60  gasification combined cycle power plant. The utility shall
   61  provide such information on an annual basis following the final
   62  order by the commission approving the determination of need for
   63  the nuclear or integrated gasification combined cycle power
   64  plant, with the understanding that some costs may be higher than
   65  estimated and other costs may be lower.
   66         (6) If the utility elects not to complete or is precluded
   67  from completing construction of the nuclear power plant,
   68  including new, expanded, or relocated electrical transmission
   69  lines or facilities necessary thereto, or of the integrated
   70  gasification combined cycle power plant, the commission shall
   71  terminate the rates approved pursuant to this section with
   72  respect to the abandoned project, and order the utility shall be
   73  allowed to refund to customers, as credits on customer bills,
   74  all amounts recovered for the abandoned project. Credits shall
   75  be provided in the same manner, at the same rate, and over the
   76  same period of time in which the amounts were recovered recover
   77  all prudent preconstruction and construction costs incurred
   78  following the commission's issuance of a final order granting a
   79  determination of need for the nuclear power plant and electrical
   80  transmission lines and facilities necessary thereto or for the
   81  integrated gasification combined cycle power plant. The utility
   82  shall recover such costs through the capacity cost recovery
   83  clause over a period equal to the period during which the costs
   84  were incurred or 5 years, whichever is greater. The unrecovered
   85  balance during the recovery period will accrue interest at the
   86  utility's weighted average cost of capital as reported in the
   87  commission's earnings surveillance reporting requirement for the
   88  prior year.
   89         Section 2. This act shall take effect July 1, 2009.