Power line plan awaits judge
Project to bury cables faces organization’s legal challenge
A worker for FPL buries a power line
A court challenge to “storm protection” rules could help determine regulations over a project to bury power lines in Florida — and that could have an impact on your electric bill in the future.
Earlier this year, lawmakers gave the state’s utilities a new vehicle to charge customers for burying power lines. Now, it’s up to the Florida Public Service Commission to provide rules and protect consumers from being overcharged.
The commission approved proposed rules last month, but the Florida Public Counsel, which represents electric company customers, contends they don’t adequately protect consumers. A hearing is scheduled Friday before the Florida Division of Administrative Hearings in Tallahassee, where a judge will weigh in on the dispute.
Here are answers to some key issues: Q. What are FPL and other utilities planning to do under the storm protection law?
The state’s electric utilities will focus on burying neighborhood power lines, a move to better protect the electric grid from storms. Florida Power & Light Co. says it already has starting burying power lines in trouble spots, where power has historically gone out or where trees and other vegetation have brought down overhead lines.
Q: Why do the rules matter?
The storm protection law is expected to result in billions of dollars in utility costs being passed to customers. FPL’s CEO Eric Silagy estimates the cost at $35 billion for that utility alone. Those costs will eventually be passed on to customers over three decades as utilities pursue the undergrounding projects.
Q. What are the issues in the
hearing?
The Office of Public Counsel says by law the rules must ensure costs are not also being recovered through base rates. The PSC approved more flexible rules in submitting project information, which were recommended in part by FPL, the largest electric utility in the state.
As a result, utilities could potentially overcharge customers, the Public Counsel’s Office says,
The Office of Public Counsel says by law the rules must ensure costs are not also being recovered through base rates.
citing “vague and inadequate standards” in the proposed rules, according to its court filing.
Rules approved by the PSC also allow FPL and other utilities in the state to collect projected costs — instead of actual costs — for burying power lines, according to the Public Counsel’s filing in the case.
Q. What does the PSC say about the rules it approved?
In its response to the court, the commission denies the Public Counsel’s allegations about its rules, including one claiming the PSC didn’t allow Duke Energy customer Kelly Cisarik to directly participate in its rule-making session on Nov 5.
Cisarik asked to participate by telephone. But she was told in an email that the commission has a “policy” against telephone participation. Instead, Cisark’s letter was read aloud at the meeting by Charles Rehwinkel, the state’s associate public counsel.
Cisarik, who lives in Indian Rocks, said she is concerned about flooding from climate change affecting underground power lines, which could result in a longer time to restore power after a storm. “We need better solutions before we spend tens of billions of dollars [on storm protection],”
she said in an interview.
Q. What will happen at the Division of Administrative Hearings on Dec. 20?
The case is assigned to Administrative Law Judge James Peterson III, who will hear arguments in the case from lawyers and other representatives of the Public Counsel, FPL and other utilities, interested parties statewide, and the PSC. The judge is expected to make his decision about whether the rules should stand, within 30 days after the hearing, according to Florida law.