CITIZENS OF THE STATE OF FLORIDA, APPELLANTS,
v.
PUBLIC SERVICE COMMISSION, ET AL., APPELLEES
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Florida Supreme Court affirmed the Public Service Commission's order establishing an incentive procedure for utility profits from economy energy sales, finding substantial competent evidence supported the commission's determination that the procedure would benefit ratepayers.
The Public Service Commission had substantial competent evidence to support its order revising the procedure for treating utility profits from economy energy sales.
[1] On review of an administrative agency order, the court will not reweigh evidence but will examine the record only to determine whether the order meets essential legal req…
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Join FLexlaw to unlock all legal intelligenceCitizens of Florida challenged a Public Service Commission order that revised procedures for handling profits utilities make when purchasing energy fr…
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OVERTON, Justice.
In this appeal, the Citizens of the State of Florida seek review of a Public Service Commission order relating to the treatment of profits made by utilities in economy energy sales. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const. Economy energy sales occur when utilities purchase energy from other utilities that can generate the energy at lower cost. The commission’s order revised the procedure and method for considering the profits obtained through these sales. According to the order, the purpose of the new procedure is to provide utilities with an incentive to maximize economy energy sales and thereby “provide a net benefit to the ratepayer.” The citizens contend the incentive procedure is unnecessary and the evidence is insufficient to support the change adopted by the commission.
As we have repeatedly stated, we will not reweigh or reevaluate the evidence presented to the commission, but will examine the record only to determine whether the order complained of meets the essential requirements of law and whether the agency had available to it competent substantial evidence to support its findings. See Polk County v. Florida Public Service Commission, 460 So. 2d 370 (Fla.1984); General Telephone Co. v. Carter, 115 So. 2d 554 (Fla.1959). We find that the commission clearly had substantial competent evidence to support its order. Accordingly, the order of the commission is affirmed.
It is so ordered.
BOYD, C.J., and ADKINS, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur.
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Fla. Power Corp. v. Pub. Serv. Comm'n, 487 So. 2d 1061 (Fla. 1986)…C gave away. Although we will not reweigh or reevaluate the evidence presented to the Commission, we may examine the record to determine whether the order complained of meets the essential requirements of law. Citizens v. Public Service Commission, 464 So. 2d 1194 (Fla.1985). The fundamental premise supporting the Commission’s order is that FPC received no consideration when it assigned its interest in COM technology to EFC. This finding is wholly unsupported by the record and fails to comport with the essen…
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Gulf Coast Elec. Coop., Inc. v. Clark, 674 So. 2d 120 (Fla. 1996)…d of meets the essential requirements of law and whether there is competent, substantial evidence in the record to support the Commission’s findings. Gulf Power Co. v. Public Serv. Comm’n, 480 So. 2d 97 (Fla.1985); Citizens v. Public Service Comm’n, 464 So. 2d 1194 (Fla.1985). Based upon the unrefuted facts and the Commission’s own findings, we conclude that the Commission erred in failing to consider customer preference and abused its discretion in awarding service to Gulf Power. We reach this decision after…
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Citizens OF the State OF Fla. v. Wilson, 568 So. 2d 1267 (Fla. 1990)…World Airways, Inc. v. Florida Pub. Service Comm’n, 427 So. 2d 716, 717 (Fla.1983). See also Manatee County v. Marks, 504 So. 2d 763 (Fla.1987); Florida Power Corp. v. Public Serv. Comm’n, 487 So. 2d 1061 (Fla.1986); Citizens v. Public Serv. Comm’n, 464 So. 2d 1194 (Fla.1985); Florida Tel. Corp. v. Mayo, 350 So. 2d 775 (Fla.1977). An agency’s interpretation of its own rules is entitled to great deference. E.g., Woodley v. Department of Health & Rehabilitative Servs., 505 So. 2d 676, 678 (Fla. 1st DCA 1987); Fr…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gen. Tel. Co. OF Fla. v. Carter, 115 So. 2d 554 (Fla. 1959)
- Polk Cnty. v. Fla. Pub. Serv. Comm'n, 460 So. 2d 370 (Fla. 1984)