Bill Text: FL S1100 | 2017 | Regular Session | Introduced
Bill Title: Repeal of Nuclear Cost Recovery
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2017-05-05 - Died in Communications, Energy, and Public Utilities [S1100 Detail]
Download: Florida-2017-S1100-Introduced.html
Florida Senate - 2017 SB 1100 By Senator Rodriguez 37-01318-17 20171100__ 1 A bill to be entitled 2 An act relating to the repeal of nuclear cost 3 recovery; repealing s. 366.93, F.S., relating to cost 4 recovery mechanisms for the siting, design, licensing, 5 and construction of nuclear and integrated 6 gasification combined cycle power plants, including 7 mechanisms that promote utility investment in, and 8 allow for recovery in electric utility rates of 9 certain costs of, such plants; repealing s. 366.95, 10 F.S., relating to financing for certain nuclear 11 generating asset retirement or abandonment costs; 12 amending s. 403.519, F.S.; deleting provisions 13 limiting challenges to a utility’s right to recover 14 costs incurred before commercial operation of certain 15 plants; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Sections 366.93 and 366.95, Florida Statutes, 20 are repealed. 21 Section 2. Paragraph (e) of subsection (4) of section 22 403.519, Florida Statutes, is amended to read: 23 403.519 Exclusive forum for determination of need.— 24 (4) In making its determination on a proposed electrical 25 power plant using nuclear materials or synthesis gas produced by 26 integrated gasification combined cycle power plant as fuel, the 27 commission shall hold a hearing within 90 days after the filing 28 of the petition to determine need and shall issue an order 29 granting or denying the petition within 135 days after the date 30 of the filing of the petition. The commission shall be the sole 31 forum for the determination of this matter and the issues 32 addressed in the petition, which accordingly shall not be 33 reviewed in any other forum, or in the review of proceedings in 34 such other forum. In making its determination to either grant or 35 deny the petition, the commission shall consider the need for 36 electric system reliability and integrity, including fuel 37 diversity, the need for base-load generating capacity, the need 38 for adequate electricity at a reasonable cost, and whether 39 renewable energy sources and technologies, as well as 40 conservation measures, are utilized to the extent reasonably 41 available. 42(e)After a petition for determination of need for a43nuclear or integrated gasification combined cycle power plant44has been granted, the right of a utility to recover any costs45incurred prior to commercial operation, including, but not46limited to, costs associated with the siting, design, licensing,47or construction of the plant and new, expanded, or relocated48electrical transmission lines or facilities of any size that are49necessary to serve the nuclear power plant, shall not be subject50to challenge unless and only to the extent the commission finds,51based on a preponderance of the evidence adduced at a hearing52before the commission under s. 120.57, that certain costs were53imprudently incurred. Proceeding with the construction of the54nuclear or integrated gasification combined cycle power plant55following an order by the commission approving the need for the56nuclear or integrated gasification combined cycle power plant57under this act shall not constitute or be evidence of58imprudence. Imprudence shall not include any cost increases due59to events beyond the utility’s control. Further, a utility’s60right to recover costs associated with a nuclear or integrated61gasification combined cycle power plant may not be raised in any62other forum or in the review of proceedings in such other forum.63Costs incurred prior to commercial operation shall be recovered64pursuant to chapter 366.65 Section 3. This act shall take effect July 1, 2017.