Florida Rising, Inc., et al. v. Florida Public Service Commission, et al.
The Florida Supreme Court affirmed the Florida Public Service Commission's approval of a multi-party settlement establishing Florida Power & Light's base rates, on the Commission's second consideration following remand from the Court's prior decision in FAIR v. Clark, 371 So. 3d 905 (Fla. 2023). The Court clarified that whether a utility program creates an 'undue or unreasonable preference or advantage' under § 366.03, Fla. Stat., is a mixed question—factual findings are reviewed for competent, substantial evidence, while the Commission's policy judgments are reviewed only to confirm they fall within the Legislature's grant of authority.
Key facts
- FPL's multi-party settlement agreement took effect January 2022, permitting annual rate increases for at least four years, with FPL authorized to generate an additional $692 million in revenue in 2022 and $560 million in 2023.
- In the first appeal (FAIR v. Clark, 371 So. 3d 905 (Fla. 2023)), the Florida Supreme Court remanded because the Commission failed to supply an adequate explanation of its reasoning.
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Holdings
- Whether a utility program creates an 'undue or unreasonable preference or advantage' under § 366.03 is neither purely legal nor purely factual; the Commission's factual findings are…
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