Florida Senate - 2010                             CS for SB 1104
       
       
       
       By the Committee on Communications, Energy, and Public
       Utilities; and Senator Fasano
       
       
       
       579-03527-10                                          20101104c1
    1                        A bill to be entitled                      
    2         An act relating to standards of utility service
    3         reliability for investor-owned utilities; creating s.
    4         366.042, F.S.; requiring the Florida Public Service
    5         Commission to adopt rules establishing standards of
    6         reasonable and reliable electric service for retail
    7         residential customers which an investor-owned utility
    8         must follow; requiring the commission to analyze each
    9         investor-owned utility’s annual distribution
   10         reliability report and other sources of information;
   11         requiring the commission to establish a threshold for
   12         what constitutes reasonable and reliable electric
   13         service; providing that retail residential customers
   14         may file a claim of unreliable service with the
   15         commission; providing that the commission may direct
   16         investor-owned utilities that are found to violate
   17         reliability standards to compensate affected customers
   18         who have filed such claim; requiring that the
   19         commission investigate claims of unreliable service;
   20         authorizing the commission to impose a penalty against
   21         an investor-owned utility if the commission determines
   22         that the utility does not meet the reliability
   23         standards adopted by the commission; providing for the
   24         penalty to apply each day that the violation
   25         continues; requiring that collected penalties be
   26         deposited into the General Revenue Fund; creating s.
   27         367.112, F.S.; requiring the Florida Public Service
   28         Commission to adopt rules establishing standards of
   29         reasonable and reliable water and wastewater service
   30         for retail residential customers which an investor
   31         owned utility must follow; requiring the commission to
   32         analyze each investor-owned utility’s annual
   33         distribution reliability report and other sources of
   34         information; requiring the commission to establish a
   35         threshold for what constitutes reasonable and reliable
   36         water and wastewater service; providing that retail
   37         residential customers may file a claim of unreliable
   38         service with the commission; providing that the
   39         commission may direct investor-owned utilities that
   40         are found to violate reliability standards to
   41         compensate affected customers who have filed such
   42         claim; requiring that the commission investigate
   43         claims of unreliable service; authorizing the
   44         commission to impose a penalty against an investor
   45         owned utility if the commission determines that the
   46         utility does not meet the reliability standards
   47         adopted by the commission; providing for the penalty
   48         to apply each day that the violation continues;
   49         requiring that collected penalties be deposited into
   50         the General Revenue Fund; providing an effective date.
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. Section 366.042, Florida Statutes, is created to
   55  read:
   56         366.042Standards of electric service reliability for
   57  retail residential customers.—
   58         (1)The commission shall adopt rules establishing standards
   59  of reasonable and reliable electric service for retail
   60  residential customers which an investor-owned utility must
   61  follow.
   62         (2)In developing these rules, the commission shall
   63  analyze, along with other sources of information, each investor
   64  owned utility’s annual distribution reliability report for
   65  information that:
   66         (a)Summarizes the number of electric outage events;
   67         (b)Calculates the average duration of electric outage
   68  events;
   69         (c)Describes the cause of each electric outage event; and
   70         (d)Calculates the utility’s average service-restoration
   71  time for each electric outage event.
   72         (3)The commission shall use this information to establish
   73  a threshold for when a utility’s level of service is considered
   74  unreasonable and unreliable based upon factors such as the
   75  number and duration of outages, cause of outages, and the
   76  average number of customers affected per outage.
   77         (4)(a)An affected retail residential customer may file a
   78  claim on a form specified by the commission which specifies the
   79  number of electrical outages, the timeframe during which the
   80  outages occurred, and the duration of each outage experienced by
   81  the customer. Customers shall be limited to filing one claim of
   82  unreliable service within a 30-day period.
   83         (b)Upon a finding that the investor-owned electric
   84  utility’s service to the retail residential customer who filed a
   85  specific claim failed to meet the service reliability standards
   86  adopted by the commission, the commission may order the
   87  investor-owned electric utility to compensate the affected
   88  retail residential customer for the failure to provide
   89  reasonable and reliable service an amount not to exceed $100 for
   90  any given month such service was below standards as adopted by
   91  the commission.
   92         (5)(a)The commission shall investigate all claims of
   93  unreliable electric service filed by residential retail
   94  customers to determine if the investor-owned electric utility
   95  failed to meet the adopted standards.
   96         (b)If the commission determines that an investor-owned
   97  utility has failed to meet the service reliability standards
   98  adopted by the commission, the commission may impose a penalty
   99  of not more than $5,000 for each day the violation continues.
  100  The collected penalties shall be deposited into the General
  101  Revenue Fund.
  102         (6)Any compensation or penalties paid under this section
  103  may not be recovered from the electric utility’s ratepayers.
  104         Section 2. Section 367.112, Florida Statutes, is created to
  105  read:
  106         367.112Standards of water and wastewater service
  107  reliability for retail residential customers.—
  108         (1)The commission shall adopt rules establishing standards
  109  of reasonable and reliable water and wastewater service for
  110  retail residential customers which an investor-owned utility
  111  must follow.
  112         (2)In developing these rules, the commission shall
  113  analyze, along with other sources of information, each investor
  114  owned utility’s annual distribution reliability report for
  115  information that:
  116         (a)Describes the cause of each water outage event;
  117         (b)Summarizes the number of wastewater backflow events;
  118  and
  119         (c)Calculates the utility’s average service-restoration
  120  time for each water outage or wastewater backflow event.
  121         (3)The commission shall use this information to establish
  122  a threshold for when a utility’s level of service is considered
  123  unreasonable and unreliable based upon factors such as the
  124  number and duration of outages or backflow events, cause of
  125  outages or backflow events, and the average number of customers
  126  affected per outage or backflow event.
  127         (4)(a)An affected retail residential customer may file a
  128  claim on a form specified by the commission which specifies the
  129  number of water or wastewater outages or backflow events, the
  130  timeframe during which the outages or backflow events occurred,
  131  and the duration of each outage or backflow event experienced by
  132  the customer. Customers shall be limited to filing one claim of
  133  unreliable service within a 30-day period.
  134         (b)Upon a finding that the investor-owned water or
  135  wastewater utility’s service to the retail residential customer
  136  who filed a specific claim failed to meet the service
  137  reliability standards adopted by the commission, the commission
  138  may order the investor-owned water or wastewater utility to
  139  compensate the affected retail residential customer for the
  140  failure to provide reasonable and reliable service an amount not
  141  to exceed $100 for any given month such service was below
  142  standards as adopted by the commission.
  143         (5)(a)The commission shall investigate all claims of
  144  unreliable water and wastewater service filed by residential
  145  retail customers to determine if the investor-owned utility
  146  failed to meet the adopted standards.
  147         (b)If the commission determines that an investor-owned
  148  utility has failed to meet the service reliability standards
  149  adopted by the commission, the commission may impose a penalty
  150  of not more than $5,000 for each day the violation continues.
  151  The collected penalties shall be deposited into the General
  152  Revenue Fund.
  153         (6)Any compensation or penalties paid under this section
  154  may not be recovered from the water or wastewater utility’s
  155  ratepayers.
  156         Section 3. This act shall take effect July 1, 2010.