Florida Senate - 2025                                     SB 354
       
       
        
       By Senator Gaetz
       
       
       
       
       
       1-00565-25                                             2025354__
    1                        A bill to be entitled                      
    2         An act relating to the Public Service Commission;
    3         amending s. 350.01, F.S.; revising the membership of
    4         the Public Service Commission; amending s. 366.06,
    5         F.S.; requiring the commission to establish a certain
    6         schedule; amending s. 366.81, F.S.; revising
    7         legislative findings and intent; amending s. 366.82,
    8         F.S.; revising the requirements for the annual report
    9         provided by the commission to the Governor and the
   10         Legislature; reenacting ss. 366.8255(4),
   11         366.8260(2)(b), and 366.95(2)(c), F.S., relating to
   12         environmental cost recovery, storm-recovery financing,
   13         and financing for certain nuclear generating asset
   14         retirement or abandonment costs, respectively, to
   15         incorporate the amendment made to s. 366.06, F.S., in
   16         references thereto; reenacting s. 553.975, F.S.,
   17         relating to the report to the Governor and
   18         Legislature, to incorporate the amendment made to s.
   19         366.82, F.S., in a reference thereto; providing an
   20         effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (1) of section 350.01, Florida
   25  Statutes, is amended to read:
   26         350.01 Florida Public Service Commission; terms of
   27  commissioners; vacancies; election and duties of chair; quorum;
   28  proceedings; public records and public meetings exemptions.—
   29         (1) The Florida Public Service Commission shall be composed
   30  consist of seven five commissioners appointed pursuant to s.
   31  350.031. One member must be a certified public accountant, and
   32  one member must be a chartered financial analyst.
   33         Section 2. Subsection (1) of section 366.06, Florida
   34  Statutes, is amended to read:
   35         366.06 Rates; procedure for fixing and changing.—
   36         (1) A public utility may shall not, directly or indirectly,
   37  charge or receive any rate not on file with the commission for
   38  the particular class of service involved, and no change shall be
   39  made in any schedule. All applications for changes in rates must
   40  shall be made to the commission in writing under rules and
   41  regulations prescribed, and the commission has shall have the
   42  authority to determine and fix fair, just, and reasonable rates
   43  that may be requested, demanded, charged, or collected by any
   44  public utility for its service. The commission shall investigate
   45  and determine the actual legitimate costs of the property of
   46  each utility company, of what is actually used and useful in the
   47  public service, and shall keep a current record of the net
   48  investment of each public utility company in such property of
   49  which value, as determined by the commission, must shall be used
   50  for ratemaking purposes and shall be the money honestly and
   51  prudently invested by the public utility company in such
   52  property used and useful in serving the public, less accrued
   53  depreciation, and may shall not include any goodwill or going
   54  concern value or franchise value in excess of payment made
   55  therefor. In fixing fair, just, and reasonable rates for each
   56  customer class, the commission shall, to the extent practicable,
   57  consider the cost of providing service to the class, as well as
   58  the rate history, value of service, and experience of the public
   59  utility; the consumption and load characteristics of the various
   60  classes of customers; and public acceptance of rate structures.
   61  The commission shall establish a schedule by which rate change
   62  requests may be submitted to the commission by each public
   63  utility company.
   64         Section 3. Section 366.81, Florida Statutes, is amended to
   65  read:
   66         366.81 Legislative findings and intent.—The Legislature
   67  finds and declares that it is critical to use utilize the most
   68  efficient and cost-effective demand-side renewable energy
   69  systems and conservation systems in order to protect the health,
   70  prosperity, and general welfare of the state and its citizens.
   71  Reduction in, and control of, the growth rates of electric
   72  consumption and of weather-sensitive peak demand are of
   73  particular importance. The Legislature further finds that the
   74  Florida Public Service Commission is the appropriate agency to
   75  adopt goals and approve plans related to the promotion of
   76  demand-side renewable energy systems and the conservation of
   77  electric energy and natural gas usage. The Legislature directs
   78  the commission to develop and adopt overall goals and authorizes
   79  the commission to require each utility to develop plans and
   80  implement programs for increasing energy efficiency and
   81  conservation and demand-side renewable energy systems within its
   82  service area, subject to the approval of the commission. In
   83  order to best meet the needs of Florida households, the
   84  commission shall work to keep the allowable return on equity
   85  close to the risk-free rate of return and shall require that
   86  upward deviations away from the risk-free rate be specifically
   87  justified by the utility seeking a tariff modification. Since
   88  solutions to our energy problems are complex, the Legislature
   89  intends that the use of solar energy, renewable energy sources,
   90  highly efficient systems, cogeneration, and load-control systems
   91  be encouraged. Accordingly, in exercising its jurisdiction, the
   92  commission may shall not approve any rate or rate structure
   93  which discriminates against any class of customers on account of
   94  the use of such facilities, systems, or devices. This expression
   95  of legislative intent may shall not be construed to preclude
   96  experimental rates, rate structures, or programs. The
   97  Legislature further finds and declares that ss. 366.80-366.83
   98  and 403.519 are to be liberally construed in order to meet the
   99  complex problems of reducing and controlling the growth rates of
  100  electric consumption and reducing the growth rates of weather
  101  sensitive peak demand; increasing the overall efficiency and
  102  cost-effectiveness of electricity and natural gas production and
  103  use; encouraging further development of demand-side renewable
  104  energy systems; and conserving expensive resources, particularly
  105  petroleum fuels.
  106         Section 4. Subsection (10) of section 366.82, Florida
  107  Statutes, is amended to read:
  108         366.82 Definition; goals; plans; programs; annual reports;
  109  energy audits.—
  110         (10) The commission shall require periodic reports from
  111  each utility and shall provide the Governor and the Legislature
  112  and the Governor with an annual report by March 1 of the goals
  113  it has adopted and its progress toward meeting those goals. The
  114  commission shall also consider the performance of each utility
  115  pursuant to ss. 366.80-366.83 and 403.519 when establishing
  116  rates for those utilities over which the commission has
  117  ratesetting authority.
  118         (a)The annual report must include all of the following:
  119         1.An investigation of contemporary economic analysis
  120  related to rate changes in this state.
  121         2.An analysis of potential cost impacts to utility
  122  customers of this state if excess returns on equity have
  123  occurred, and potential cost savings, if any, to customers if
  124  the excess returns to equity have not occurred at a significant
  125  rate.
  126         3.An analysis of alternative rate-of-return scenarios,
  127  including an investigation of the rationale for why such
  128  scenarios were not chosen in the past, and an investigation of
  129  the applicability of such scenarios for the future.
  130         4.An assessment of long-term impacts and economic
  131  repercussions of rising rates of regulated returns on equity to
  132  utilities and their customers in the future.
  133         5.A summary detailing the compensation of the executive
  134  officers of all public utilities servicing this state, or the
  135  executive officers of their affiliated companies or parent
  136  company, including, but not limited to, salaries, benefits,
  137  stock options, bonuses, stock buybacks, and other taxable
  138  payments, expressed both as dollar amounts and as a percentage
  139  of the entity’s total revenue. The summary must include the
  140  profits and losses of each entity as reported in its financial
  141  statements and highlight any compensation exceeding the industry
  142  average. The office shall also include in the report any
  143  rationale provided by the insurer justifying compensation
  144  exceeding the industry average and, for each insurer, an
  145  explanation of how specific data gathered during the creation of
  146  the report informed the office’s decisions on that insurer’s
  147  rate change requests.
  148         (b)The report must provide benchmarking, comparing public
  149  utilities servicing this state with public utilities servicing
  150  other states, including commentary on all findings.
  151         Section 5. For the purpose of incorporating the amendment
  152  made by this act to section 366.06, Florida Statutes, in a
  153  reference thereto, subsection (4) of section 366.8255, Florida
  154  Statutes, is reenacted to read:
  155         366.8255 Environmental cost recovery.—
  156         (4) Environmental compliance costs recovered through the
  157  environmental cost-recovery factor shall be allocated to the
  158  customer classes using the criteria set out in s. 366.06(1),
  159  taking into account the manner in which similar types of
  160  investment or expense were allocated in the company’s last rate
  161  case.
  162         Section 6. For the purpose of incorporating the amendment
  163  made by this act to section 366.06, Florida Statutes, in a
  164  reference thereto, paragraph (b) of subsection (2) of section
  165  366.8260, Florida Statutes, is reenacted to read:
  166         366.8260 Storm-recovery financing.—
  167         (2) FINANCING ORDERS.—
  168         (b)1. Proceedings on a petition submitted pursuant to
  169  paragraph (a) shall begin with a petition by an electric utility
  170  and shall be disposed of in accordance with the provisions of
  171  chapter 120 and applicable rules, except that the provisions of
  172  this section, to the extent applicable, shall control.
  173         a. Within 7 days after the filing of a petition, the
  174  commission shall publish a case schedule, which schedule shall
  175  place the matter before the commission on an agenda that will
  176  permit a commission decision no later than 120 days after the
  177  date the petition is filed.
  178         b. No later than 135 days after the date the petition is
  179  filed, the commission shall issue a financing order or an order
  180  rejecting the petition. A party to the commission proceeding may
  181  petition the commission for reconsideration of the financing
  182  order within 5 days after the date of its issuance. The
  183  commission shall issue a financing order authorizing financing
  184  of reasonable and prudent storm-recovery costs, the storm
  185  recovery reserve amount determined appropriate by the
  186  commission, and financing costs if the commission finds that the
  187  issuance of the storm-recovery bonds and the imposition of
  188  storm-recovery charges authorized by the order are reasonably
  189  expected to result in lower overall costs or would avoid or
  190  significantly mitigate rate impacts to customers as compared
  191  with alternative methods of financing or recovering storm
  192  recovery costs and storm-recovery reserve. Any determination of
  193  whether storm-recovery costs are reasonable and prudent shall be
  194  made with reference to the general public interest in, and the
  195  scope of effort required to provide, the safe and expeditious
  196  restoration of electric service.
  197         2. In a financing order issued to an electric utility, the
  198  commission shall:
  199         a. Except as provided in sub-subparagraph f. and in
  200  subparagraph 4., specify the amount of storm-recovery costs and
  201  the level of storm-recovery reserves, taking into consideration,
  202  to the extent the commission deems appropriate, any other
  203  methods used to recover these costs, and describe and estimate
  204  the amount of financing costs which may be recovered through
  205  storm-recovery charges; and specify the period over which such
  206  costs may be recovered.
  207         b. Determine that the proposed structuring, expected
  208  pricing, and financing costs of the storm-recovery bonds are
  209  reasonably expected to result in lower overall costs or would
  210  avoid or significantly mitigate rate impacts to customers as
  211  compared with alternative methods of financing or recovering
  212  storm-recovery costs.
  213         c. Provide that, for the period specified pursuant to sub
  214  subparagraph a., the imposition and collection of storm-recovery
  215  charges authorized in the financing order shall be paid by all
  216  customers receiving transmission or distribution service from
  217  the electric utility or its successors or assignees under
  218  commission-approved rate schedules or under special contracts,
  219  even if the customer elects to purchase electricity from an
  220  alternative electric supplier following a fundamental change in
  221  regulation of public utilities in the state.
  222         d. Determine what portion, if any, of the storm-recovery
  223  reserves must be held in a funded reserve and any limitations on
  224  how the reserve may be held, accessed, or used.
  225         e. Include a formula-based mechanism for making expeditious
  226  periodic adjustments in the storm-recovery charges that
  227  customers are required to pay under the financing order and for
  228  making any adjustments that are necessary to correct for any
  229  overcollection or undercollection of the charges or to otherwise
  230  ensure the timely payment of storm-recovery bonds and financing
  231  costs and other required amounts and charges payable in
  232  connection with the storm-recovery bonds.
  233         f. Specify the storm-recovery property that is, or shall
  234  be, created in favor of an electric utility or its successors or
  235  assignees and that shall be used to pay or secure storm-recovery
  236  bonds and financing costs.
  237         g. Specify the degree of flexibility to be afforded to the
  238  electric utility in establishing the terms and conditions of the
  239  storm-recovery bonds, including, but not limited to, repayment
  240  schedules, interest rates, and other financing costs.
  241         h. Provide that storm-recovery charges be allocated to the
  242  customer classes using the criteria set out in s. 366.06(1), in
  243  the manner in which these costs or their equivalent were
  244  allocated in the cost-of-service study approved in connection
  245  with the electric utility’s last rate case. If the electric
  246  utility’s last rate case was resolved by a settlement agreement,
  247  the cost-of-service methodology filed by the electric utility in
  248  that case shall be used.
  249         i. Provide that, after the final terms of an issuance of
  250  storm-recovery bonds have been established and prior to the
  251  issuance of storm-recovery bonds, the electric utility shall
  252  determine the resulting initial storm-recovery charge in
  253  accordance with the financing order and such initial storm
  254  recovery charge shall be final and effective upon the issuance
  255  of such storm-recovery bonds without further commission action.
  256         j. Include any other conditions that the commission
  257  considers appropriate and that are not otherwise inconsistent
  258  with this section.
  259  
  260  In performing the responsibilities of this subparagraph and
  261  subparagraph 5., the commission may engage outside consultants
  262  or counsel. Any expenses associated with such services shall be
  263  included as part of financing costs and included in storm
  264  recovery charges.
  265         3. A financing order issued to an electric utility may
  266  provide that creation of the electric utility’s storm-recovery
  267  property pursuant to sub-subparagraph 2.f. is conditioned upon,
  268  and shall be simultaneous with, the sale or other transfer of
  269  the storm-recovery property to an assignee and the pledge of the
  270  storm-recovery property to secure storm-recovery bonds.
  271         4. If the commission issues a financing order, the electric
  272  utility shall file with the commission at least biannually a
  273  petition or a letter applying the formula-based mechanism
  274  pursuant to sub-subparagraph 2.e. and, based on estimates of
  275  consumption for each rate class and other mathematical factors,
  276  requesting administrative approval to make the adjustments
  277  described in sub-subparagraph 2.e. The review of such a request
  278  shall be limited to determining whether there is any
  279  mathematical error in the application of the formula-based
  280  mechanism relating to the appropriate amount of any
  281  overcollection or undercollection of storm-recovery charges and
  282  the amount of an adjustment. Such adjustments shall ensure the
  283  recovery of revenues sufficient to provide for the payment of
  284  principal, interest, acquisition, defeasance, financing costs,
  285  or redemption premium and other fees, costs, and charges in
  286  respect of storm-recovery bonds approved under the financing
  287  order. Within 60 days after receiving an electric utility’s
  288  request pursuant to this paragraph, the commission shall either
  289  approve the request or inform the electric utility of any
  290  mathematical errors in its calculation. If the commission
  291  informs the utility of mathematical errors in its calculation,
  292  the utility may correct its error and refile its request. The
  293  timeframes previously described in this paragraph shall apply to
  294  a refiled request.
  295         5. Within 120 days after the issuance of storm-recovery
  296  bonds, the electric utility shall file with the commission
  297  information on the actual costs of the storm-recovery bond
  298  issuance. The commission shall review such information to
  299  determine if such costs incurred in the issuance of the bonds
  300  resulted in the lowest overall costs that were reasonably
  301  consistent with market conditions at the time of the issuance
  302  and the terms of the financing order. The commission may
  303  disallow any incremental issuance costs in excess of the lowest
  304  overall costs by requiring the utility to make a contribution to
  305  the storm reserve in an amount equal to the excess of actual
  306  issuance costs incurred, and paid for out of storm-recovery bond
  307  proceeds, and the lowest overall issuance costs as determined by
  308  the commission. The commission may not make adjustments to the
  309  storm-recovery charges for any such excess issuance costs.
  310         6. Subsequent to the earlier of the transfer of storm
  311  recovery property to an assignee or the issuance of storm
  312  recovery bonds authorized thereby, a financing order is
  313  irrevocable and, except as provided in subparagraph 4. and
  314  paragraph (c), the commission may not amend, modify, or
  315  terminate the financing order by any subsequent action or
  316  reduce, impair, postpone, terminate, or otherwise adjust storm
  317  recovery charges approved in the financing order. After the
  318  issuance of a financing order, the electric utility retains sole
  319  discretion regarding whether to assign, sell, or otherwise
  320  transfer storm-recovery property or to cause the storm-recovery
  321  bonds to be issued, including the right to defer or postpone
  322  such assignment, sale, transfer, or issuance.
  323         Section 7. For the purpose of incorporating the amendment
  324  made by this act to section 366.06, Florida Statutes, in a
  325  reference thereto, paragraph (c) of subsection (2) of section
  326  366.95, Florida Statutes, is reenacted to read:
  327         366.95 Financing for certain nuclear generating asset
  328  retirement or abandonment costs.—
  329         (2) FINANCING ORDERS.—
  330         (c)1. Proceedings on a petition submitted pursuant to
  331  paragraph (a) begin with the petition by an electric utility,
  332  filed subject to the timeframe specified in paragraph (b), if
  333  applicable, and shall be disposed of in accordance with chapter
  334  120 and applicable rules, except that this section, to the
  335  extent applicable, controls.
  336         a. Within 7 days after the filing of a petition, the
  337  commission shall publish a case schedule, which must place the
  338  matter before the commission on an agenda that permits a
  339  commission decision no later than 120 days after the date the
  340  petition is filed.
  341         b. No later than 135 days after the date the petition is
  342  filed, the commission shall issue a financing order or an order
  343  rejecting the petition. A party to the commission proceeding may
  344  petition the commission for reconsideration of the financing
  345  order within 5 days after the date of its issuance. The
  346  commission shall issue a financing order authorizing the
  347  financing of reasonable and prudent nuclear asset-recovery costs
  348  and financing costs if the commission finds that the issuance of
  349  the nuclear asset-recovery bonds and the imposition of nuclear
  350  asset-recovery charges authorized by the financing order have a
  351  significant likelihood of resulting in lower overall costs or
  352  would avoid or significantly mitigate rate impacts to customers
  353  as compared with the traditional method of financing and
  354  recovering nuclear asset-recovery costs. Any determination of
  355  whether nuclear asset-recovery costs are reasonable and prudent
  356  shall be made with reference to the general public interest and
  357  in accordance with paragraph (b), if applicable.
  358         2. In a financing order issued to an electric utility, the
  359  commission shall:
  360         a. Except as provided in sub-subparagraph d. and
  361  subparagraph 4., specify the amount of nuclear asset-recovery
  362  costs to be financed using nuclear asset-recovery bonds, taking
  363  into consideration, to the extent the commission deems
  364  appropriate, any other methods used to recover these costs. The
  365  commission shall describe and estimate the amount of financing
  366  costs which may be recovered through nuclear asset-recovery
  367  charges and specify the period over which such costs may be
  368  recovered. Any such determination as to the overall time period
  369  for cost recovery must be consistent with a settlement
  370  agreement, if any, under paragraph (b);
  371         b. Determine if the proposed structuring, expected pricing,
  372  and financing costs of the nuclear asset-recovery bonds have a
  373  significant likelihood of resulting in lower overall costs or
  374  would avoid or significantly mitigate rate impacts to customers
  375  as compared with the traditional method of financing and
  376  recovering nuclear asset-recovery costs. A financing order must
  377  provide detailed findings of fact addressing cost-effectiveness
  378  and associated rate impacts upon retail customers and retail
  379  customer classes;
  380         c. Require, for the period specified pursuant to sub
  381  subparagraph a., that the imposition and collection of nuclear
  382  asset-recovery charges authorized under a financing order be
  383  nonbypassable and paid by all existing and future customers
  384  receiving transmission or distribution service from the electric
  385  utility or its successors or assignees under commission-approved
  386  rate schedules or under special contracts, even if a customer
  387  elects to purchase electricity from an alternative electric
  388  supplier following a fundamental change in regulation of public
  389  utilities in this state;
  390         d. Include a formula-based true-up mechanism for making
  391  expeditious periodic adjustments in the nuclear asset-recovery
  392  charges that customers are required to pay pursuant to the
  393  financing order and for making any adjustments that are
  394  necessary to correct for any overcollection or undercollection
  395  of the charges or to otherwise ensure the timely payment of
  396  nuclear asset-recovery bonds and financing costs and other
  397  required amounts and charges payable in connection with the
  398  nuclear asset-recovery bonds;
  399         e. Specify the nuclear asset-recovery property that is, or
  400  shall be, created in favor of an electric utility or its
  401  successors or assignees and that shall be used to pay or secure
  402  nuclear asset-recovery bonds and all financing costs;
  403         f. Specify the degree of flexibility to be afforded to the
  404  electric utility in establishing the terms and conditions of the
  405  nuclear asset-recovery bonds, including, but not limited to,
  406  repayment schedules, expected interest rates, and other
  407  financing costs consistent with sub-subparagraphs a.-e.;
  408         g. Require nuclear asset-recovery charges to be allocated
  409  to the customer classes using the criteria set out in s.
  410  366.06(1), in the manner in which these costs or their
  411  equivalent was allocated in the cost-of-service study that was
  412  approved in connection with the electric utility’s last rate
  413  case and that is in effect during the nuclear asset-recovery
  414  charge annual billing period. If the electric utility’s last
  415  rate case was resolved by a settlement agreement, the cost-of
  416  service methodology that was adopted in the settlement agreement
  417  in that case and that is in effect during the nuclear asset
  418  recovery charge annual billing period shall be used;
  419         h. Require, after the final terms of an issuance of nuclear
  420  asset-recovery bonds have been established and before the
  421  issuance of nuclear asset-recovery bonds, that the electric
  422  utility determine the resulting initial nuclear asset-recovery
  423  charge in accordance with the financing order and that such
  424  initial nuclear asset-recovery charge be final and effective
  425  upon the issuance of such nuclear asset-recovery bonds without
  426  further commission action so long as the nuclear asset-recovery
  427  charge is consistent with the financing order; and
  428         i. Include any other conditions that the commission
  429  considers appropriate and that are authorized by this section.
  430  
  431  In performing the responsibilities of this subparagraph and
  432  subparagraph 5., the commission may engage outside consultants
  433  and counsel. All expenses associated with such services shall be
  434  included as part of financing costs and included in the nuclear
  435  asset-recovery charge.
  436         3. A financing order issued to an electric utility may
  437  provide that creation of the electric utility’s nuclear asset
  438  recovery property pursuant to sub-subparagraph 2.e. is
  439  conditioned upon, and simultaneous with, the sale or other
  440  transfer of the nuclear asset-recovery property to an assignee
  441  and the pledge of the nuclear asset-recovery property to secure
  442  nuclear asset-recovery bonds.
  443         4. If the commission issues a financing order and nuclear
  444  asset-recovery bonds are issued, the electric utility or
  445  assignee must file with the commission at least biannually a
  446  petition or a letter applying the formula-based true-up
  447  mechanism pursuant to sub-subparagraph 2.d. and, based on
  448  estimates of consumption for each rate class and other
  449  mathematical factors, requesting administrative approval to make
  450  the adjustments described in sub-subparagraph 2.d. The review of
  451  such a request is limited to determining whether there is any
  452  mathematical error in the application of the formula-based
  453  mechanism relating to the amount of any overcollection or
  454  undercollection of nuclear asset-recovery charges and the amount
  455  of any adjustment. Such adjustments shall ensure the recovery of
  456  revenues sufficient to provide for the timely payment of
  457  principal, interest, acquisition, defeasance, financing costs,
  458  or redemption premium and other fees, costs, and charges
  459  relating to nuclear asset-recovery bonds approved under the
  460  financing order. Within 60 days after receiving an electric
  461  utility’s request pursuant to this paragraph, the commission
  462  must approve the request or inform the electric utility of any
  463  mathematical errors in its calculation. If the commission
  464  informs the utility of mathematical errors in its calculation,
  465  the utility may correct the error and refile the request. The
  466  timeframes previously described in this paragraph apply to a
  467  refiled request.
  468         5. Within 120 days after the issuance of nuclear asset
  469  recovery bonds, the electric utility shall file with the
  470  commission information on the actual costs of the nuclear asset
  471  recovery bonds issuance. The commission shall review, on a
  472  reasonably comparable basis, such information to determine if
  473  such costs incurred in the issuance of the bonds resulted in the
  474  lowest overall costs that were reasonably consistent with market
  475  conditions at the time of the issuance and the terms of the
  476  financing order. The commission may disallow all incremental
  477  issuance costs in excess of the lowest overall costs by
  478  requiring the electric utility to make a credit to the capacity
  479  cost recovery clause in an amount equal to the excess of actual
  480  issuance costs incurred, and paid for out of nuclear asset
  481  recovery bonds proceeds, and the lowest overall issuance costs
  482  as determined by the commission. The commission may not make
  483  adjustments to the nuclear asset-recovery charges for any such
  484  excess issuance costs.
  485         6. Subsequent to the transfer of nuclear asset-recovery
  486  property to an assignee or the issuance of nuclear asset
  487  recovery bonds authorized thereby, whichever is earlier, a
  488  financing order is irrevocable and, except as provided in
  489  subparagraph 4. and paragraph (d), the commission may not amend,
  490  modify, or terminate the financing order by any subsequent
  491  action or reduce, impair, postpone, terminate, or otherwise
  492  adjust nuclear asset-recovery charges approved in the financing
  493  order. After the issuance of a financing order, the electric
  494  utility retains sole discretion regarding whether to assign,
  495  sell, or otherwise transfer nuclear asset-recovery property or
  496  to cause nuclear asset-recovery bonds to be issued, including
  497  the right to defer or postpone such assignment, sale, transfer,
  498  or issuance. If the electric utility decides not to cause
  499  nuclear asset-recovery bonds to be issued, the electric utility
  500  may not recover financing costs, as defined in paragraph (1)(e),
  501  from customers.
  502         Section 8. For the purpose of incorporating the amendment
  503  made by this act to section 366.82, Florida Statutes, in a
  504  reference thereto, section 553.975, Florida Statutes, is
  505  reenacted to read:
  506         553.975 Report to the Governor and Legislature.—The Public
  507  Service Commission shall submit a biennial report to the
  508  Governor, the President of the Senate, and the Speaker of the
  509  House of Representatives, concurrent with the report required by
  510  s. 366.82(10), beginning in 1990. Such report shall include an
  511  evaluation of the effectiveness of these standards on energy
  512  conservation in this state.
  513         Section 9. This act shall take effect July 1, 2025.