(1) A change to a utility’s rate structure must meet one of the following criteria:

Terms Used In Florida Regulations 25-9.053

  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
    (a) Is cost based;
    (b) Has historical precedent;
    (c) Embodies pricing concepts previously approved by the Commission; or
    (d) Is not unduly discriminatory.
    (2) After review of the utility’s proposed change in rate structure, staff will send written notification to the utility indicating:
    (a) Administrative approval of the documentation; or
    (b) How the proposed rate structure is inconsistent with the criteria listed in subsection (1) of this rule. Upon receipt of staff’s notification of inconsistency, the utility shall file an alternative proposed rate structure addressing staff’s concerns or file a statement that the utility disagrees with the staff determination of inconsistency and requesting the Commission to consider the proposed rate structure as filed.
    (3) If the Commission finds the proposed rate structure inconsistent with subsection (1), the Commission shall direct the utility to file a rate structure that is consistent with the criteria in subsection (1) of this rule.
Rulemaking Authority Florida Statutes § 366.05(1). Law Implemented 366.04(2)(b) FS. History-New 8-9-79, Formerly 25-9.53, Amended 1-17-93, 12-30-15.