Regulators slash FPL's rate-hike request
In response to the decision, FPL announced it would halt $10
billion in projects
By Julie Patel, Sun Sentinel
January 13, 2010
The Florida Public Service Commission approved a $75.5 million
base-rate increase for Florida Power & Light Wednesday, all but
rejecting the utility's request for a record hike of $1.27
billion. The approved increase is likely to add just pennies to
a typical customer's monthly bill.
"The commission worked hard to decide this case on the merits in
a fair and impartial manner," said Commissioner Nathan Skop.
"The reality is that FPL is going to have to make due in these
difficult economic times."
J.R. Kelly of the Office of Public Counsel — the state's
advocate for utility customers — said the decision is a win for
consumers. "The evidence spoke for itself and I am very, very
proud on behalf of ratepayers that the commission recognized
that," said Kelly, who had recommended FPL reduce rates by $364
million.
In response to the decision, FPL announced it would halt $10
billion in projects, including plans to build two new nuclear
reactors at the Turkey Point plant near Miami and upgrade two
new generators.
Commissioners noted that if the economy improves, FPL can ask to
increase rates as early as next year. PSC spokeswoman Cindy Muir
said FPL can ask the commission to reconsider the decision, then
appeal to the courts if needed. FPL officials declined to say
what the utility might do next.
FPL had sought to boost base rates by $1.27 billion — a hike
that would have increased monthly bills for a residential
customer using 1,000 kilowatt-hours by $8.85 this year and an
additional increase of $2.72 next year. FPL had argued declining
fuel costs this year would have helped offset the impact on
customers.
The PSC vote capped a 10-month process of evaluating FPL's base
rates for the first time since 1985. The request drew fierce
opposition from consumer advocates, the Attorney General's
Office and groups representing businesses and hospitals. Critics
said FPL employees attempted to influence the process outside of
regulatory proceedings: meeting with utility employees over
meals and at a party, exchanging phone calls and instant
messages with utility officials and recruiting supporters to
speak at customer forums.
State law bars commissioners from communicating with employees
from groups they regulate on rate cases without other
stakeholders such as consumer advocates present. The commission
is considering expanding the restriction to other commission
employees and to procedural and other topics. It is also
considering a recommendation to lawmakers that fines for
commissioners who violate the law be extended to employees from
groups they regulate.
Gov. Charlie Crist had opposed the proposed rate hike and
reshaped the commission by appointing two outsiders to replace
two outgoing commissioners. This week, the newly reconstituted
commission rejected Progress Energy Florida's request for a
nearly $500 million base rate hike.
FPL officials said they didn't try to inappropriate influence
the process and wanted the request to be judged on its merits.
"This decision was about politics, not economics, and
unfortunately it comes at a time when our state urgently needs
jobs and investment," FPL Group Chairman Lew Hay said in a
statement.
The commission voted on more than 170 issues related to FPL's
request, including several key items.
•Profit margin: The PSC set a limit on profits allowed on
FPL shareholders' investment of about 10 percent — much less
than the 12.5 percent requested by FPL. The difference requires
about $300 million less from customers a year. Commissioner
Steve Stevens led the push for a lower margin and Commissioners
Lisa Edgar and David Klement said they would have preferred a
slightly higher margin for FPL.
•Storm fund: Regulators froze a $215 million fund to help
the utility make repairs after a hurricane instead of increasing
it by $150 million a year as proposed by FPL. Klement and Edgar
voted against this, saying the fund is a form of insurance. "We
all carry insurance. Why would you not carry insurance against a
hurricane in Florida?" Klement said. But PSC Chairman Nancy
Argenziano said it's the wrong time to charge people for
"unknown storms in the future."
"What I'm hearing the people say is that we can't handle it
right now," she said.
•Depreciation: The panel voted to require FPL to return $895
million to customers over the next four years — money that was
collected to pay for power plants and equipment ahead of
schedule. Kelly's office had pushed for that while FPL wanted 22
years to return the money.
•Executive pay: The PSC required FPL to reduce costs
customers pay for employees' salaries and benefits by $50
million. Skop said he thinks FPL spends too much on marketing
and communication based on his review of the top employees'
salaries. He suggested shareholders help pay more of those costs
because he said the utility didn't prove those costs benefit
customers. "Electricity pretty much sells itself," Skop said,
adding that the company should consider using more of its
resources to deal with customers' problems with service.
The PSC also rejected FPL's request to increase service fees and
receive what is essentially automatic approval to charge
customers $182 million a year for a new power plant in western
Palm Beach County.
Julie Patel of the (Fort Lauderdale) Sun Sentinel can be reached
at 954-356-4667 or
jpatel@sunsentinel.com. |