Citizens of the State of Florida v. Andrew Giles Fay
The Office of Public Counsel challenged PSC final orders approving four utilities' first Storm Protection Plans under section 366.96, arguing the Commission had to perform a quantitative cost-benefit 'prudence' review at the plan-approval stage. The Supreme Court affirmed, holding the SPP Statute creates two distinct phases \u2014 a prospective 'public interest' plan review under subsections (4)-(5) and a later annual cost-recovery proceeding where prudence of incurred costs is determined \u2014 and that the Commission did not abuse its discretion in striking expert testimony that offered legal interpretations of the statute and rules.
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