Florida Senate - 2016 SB 1478 By Senator Sobel 33-01258-16 20161478__ 1 A bill to be entitled 2 An act relating to utility advanced cost recovery; 3 amending s. 366.93, F.S.; providing for the expiration 4 of provisions authorizing advanced cost recovery for 5 nuclear and integrated gasification combined cycle 6 power plants; requiring certain funds to be returned 7 to ratepayers; prohibiting utilities from increasing 8 or imposing charges to offset the loss of utility 9 revenues as a result of refunding moneys from the 10 collection of advanced cost recovery fees; providing 11 for future repeal; amending s. 366.95, F.S.; 12 conforming provisions regarding advanced cost recovery 13 and securitization; amending s. 403.519, F.S.; 14 deleting provisions limiting challenges to a utility’s 15 right to recover advanced costs incurred before 16 commercial operation of nuclear or integrated 17 gasification combined cycle power plants; prohibiting 18 utilities from continuing to collect advanced costs 19 for certain plants after a specified date; providing 20 an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Subsection (7) is added to section 366.93, 25 Florida Statutes, to read: 26 366.93 Cost recovery for the siting, design, licensing, and 27 construction of nuclear and integrated gasification combined 28 cycle power plants.— 29 (7) Subsections (1)-(6) shall expire July 1, 2016. All 30 costs collected by a utility pursuant to this section shall be 31 returned to the ratepayers of the utility by June 30, 2017. The 32 utility may not charge new fees, increase fees, or increase the 33 rates of ratepayers who paid the advanced cost recovery fees, 34 which would otherwise offset the loss of utility revenues as a 35 result of refunding costs to ratepayers. This section is 36 repealed July 1, 2017. 37 Section 2. Paragraph (k) of subsection (1) of section 38 366.95, Florida Statutes, is amended to read: 39 366.95 Financing for certain nuclear generating asset 40 retirement or abandonment costs.— 41 (1) DEFINITIONS.—As used in this section, the term: 42 (k) “Nuclear asset-recovery costs” means: 43 1. At the option of and upon petition by the electric 44 utility, and as approved by the commission pursuant to sub 45 subparagraph (2)(c)1.b., pretax costs that an electric utility 46 has incurred or expects to incur which are caused by, associated 47 with, or remain as a result of the early retirement or 48 abandonment of a nuclear generating asset unit that generated 49 electricity and is located in this state where such early 50 retirement or abandonment is deemed to be reasonable and prudent 51 by the commission through a final order approving a settlement 52 or other final order issued by the commission before July 1, 53 2017, and where the pretax costs to be securitized exceed $750 54 million at the time of the filing of the petition. Costs 55eligible orclaimed for recovery pursuant to s. 366.93, Florida 56 Statutes 2016, are not eligible for securitization under this 57 section unless they were in the electric utility’s rate base and 58 were included in base rates before retirement or abandonment. 59 2. Such pretax costs, where determined appropriate by the 60 commission, include, but are not limited to, the capitalized 61 cost of the retired or abandoned nuclear generating asset unit, 62 other applicable capital and operating costs, accrued carrying 63 charges, deferred expenses, reductions for applicable insurance 64 and salvage proceeds and previously stipulated write-downs or 65 write-offs, if any, and the costs of retiring any existing 66 indebtedness, fees, costs, and expenses to modify existing debt 67 agreements or for waivers or consents related to existing debt 68 agreements. 69 Section 3. Paragraph (e) of subsection (4) of section 70 403.519, Florida Statutes, is amended to read: 71 403.519 Exclusive forum for determination of need.— 72 (4) In making its determination on a proposed electrical 73 power plant using nuclear materials or synthesis gas produced by 74 integrated gasification combined cycle power plant as fuel, the 75 commission shall hold a hearing within 90 days after the filing 76 of the petition to determine need and shall issue an order 77 granting or denying the petition within 135 days after the date 78 of the filing of the petition. The commission shall be the sole 79 forum for the determination of this matter and the issues 80 addressed in the petition, which accordingly shall not be 81 reviewed in any other forum, or in the review of proceedings in 82 such other forum. In making its determination to either grant or 83 deny the petition, the commission shall consider the need for 84 electric system reliability and integrity, including fuel 85 diversity, the need for base-load generating capacity, the need 86 for adequate electricity at a reasonable cost, and whether 87 renewable energy sources and technologies, as well as 88 conservation measures, are utilized to the extent reasonably 89 available. 90(e) After a petition for determination of need for a91nuclear or integrated gasification combined cycle power plant92has been granted, the right of a utility to recover any costs93incurred prior to commercial operation, including, but not94limited to, costs associated with the siting, design, licensing,95or construction of the plant and new, expanded, or relocated96electrical transmission lines or facilities of any size that are97necessary to serve the nuclear power plant, shall not be subject98to challenge unless and only to the extent the commission finds,99based on a preponderance of the evidence adduced at a hearing100before the commission under s. 120.57, that certain costs were101imprudently incurred. Proceeding with the construction of the102nuclear or integrated gasification combined cycle power plant103following an order by the commission approving the need for the104nuclear or integrated gasification combined cycle power plant105under this act shall not constitute or be evidence of106imprudence. Imprudence shall not include any cost increases due107to events beyond the utility’s control. Further, a utility’s108right to recover costs associated with a nuclear or integrated109gasification combined cycle power plant may not be raised in any110other forum or in the review of proceedings in such other forum.111Costs incurred prior to commercial operation shall be recovered112pursuant to chapter 366.113 Section 4. This act shall take effect upon becoming a law.