On the same day the Florida Supreme Court upheld a nuclear fee on utility customers, Florida legislators sent to the governor new tools regulators can use to hold electric companies more accountable when collecting the money.
In a unanimous opinion, the Florida Supreme Court rejected the arguments of the South Alliance for Clean Energy which had claimed that the Public Service Commission exceeded its authority when it allowed the Florida Power & Light and Duke Energy (previously known as Progress Energy of Florida) to collect the nuclear fees for nuclear plants that may or may not be constructed.
The clean-energy coalition argued that the PSC decision was "arbitrary and unsupported by competent, substantial evidence.'' Download SCOFLA SACE ruling
The court ruled that the legislation provided sufficient guidelines that neither the agency nor the courts can determine whether the agency is carrying out the intent of the legislature. Citing a previous decision regarding AT&T, the court said there is “no indication that the legislative policy-making function has been usurped by or improperly transferred to the PSC.”