Florida Rising, Inc. v. Florida Public Service Commission

Summary

The Supreme Court of Florida affirmed the Florida Public Service Commission’s approval of a multi-party settlement establishing Florida Power & Light Company’s base rates. The court held that the Commission’s findings regarding the SolarTogether program, the settlement’s overall public interest, and Florida Energy Efficiency and Conservation Act performance were supported by competent, substantial evidence and adequately explained. The court declined to substitute its judgment for the Commission’s policy determinations.

Holdings

1. The Commission properly determined that the SolarTogether expansion did not create an undue or unreasonable preference or advantage prohibited by section 366.03, Florida Statutes.
2. The Commission adequately explained why the settlement as a whole was in the public interest and was not required to resolve every issue or settlement component independently.
3. The Commission properly evaluated FPL's FEECA performance to the extent practicable, as required by the prior remand.

Questions Presented

1. Whether the Commission properly determined that the expansion of the SolarTogether program did not create an undue or unreasonable preference or advantage in violation of section 366.03, Florida Statutes.
2. Whether the Commission adequately explained why the settlement as a whole was in the public interest without independently resolving every individual component or objection.
3. Whether the Commission adequately considered FPL's performance under the Florida Energy Efficiency and Conservation Act as required by the Court's prior remand.

Disposition

affirmed