Floridians United for Safe Energy, Inc. v. Public Service Com'n

• Citation: 10 Fla. L. Weekly 463,475 So.2d 241
• Decision Date: 30 August 1985
• Docket Number: Nos. 66380,66444,s. 66380
• Parties: 10 Fla. L. Weekly 463 FLORIDIANS UNITED FOR SAFE ENERGY, INC., Appellant, v. PUBLIC SERVICE COMMISSION, et al., Appellees. METROPOLITAN DADE COUNTY CONSUMER ADVOCATE, Walter T. Dartland, Appellant, v. PUBLIC SERVICE COMMISSION, et al., Appellees.
• Court: Florida Supreme Court

Page 241

475 So.2d 241

10 Fla. L. Weekly 463

FLORIDIANS UNITED FOR SAFE ENERGY, INC., Appellant, v. PUBLIC SERVICE COMMISSION, et al., Appellees.

METROPOLITAN DADE COUNTY CONSUMER ADVOCATE, Walter T. Dartland, Appellant, v. PUBLIC SERVICE COMMISSION, et al., Appellees.

Nos. 66380, 66444.

Supreme Court of Florida.

Aug. 30, 1985.

Mark Richard of Chonin & Sher, Coral Gables, for Floridians United for Safe Energy, Inc., Walter T. Dartland, and Evan J. Langbein, Miami, for Metropolitan Dade County Consumer Advocate Walter T. Dartland, appellants.

William S. Bilenky, Gen. Counsel, Tallahassee, for the Florida Public Service Com'n, Matthew M. Childs, Charles A. Guyton and John T. Butler of Steel, Hector & Davis, Tallahassee, for Fla. Power & Light Co., appellees.

CORRECTED OPINION

SHAW, Justice.

These consolidated cases are before us for review of a Public Service Commission (PSC) order granting utility rate increases. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const.

In an order dated July 24, 1984, PSC granted Florida Power and Light Company (FPL) a rate increase for 1984 and a subsequent year adjustment for 1985. Upon granting a petition for reconsideration, PSC entered a final order dated December 28, 1984. Appellants do not challenge the rate increase for 1984. Neither do they challenge the need for a subsequent year adjustment, the factors considered in making such an adjustment, nor the correctness and fairness of the adjustment. Instead, they contend that PSC does not have the authority to grant subsequent year adjustments because the authority on which PSC purportedly relied, section 13(4) of chapter 83-222, Laws of Florida (codified as section 366.076, Florida Statutes (1983)), violates the one subject rule of article III, section 6 of the Florida Constitution. Appellees answer in two stages. First, they aver that PSC had the authority to grant prospective rate increases prior to the enactment of chapter 83-222 and did not cite nor rely on the chapter in granting the challenged increase. Thus, in appellees' view, it is not necessary for us to reach the constitutional question of whether chapter 83-222 violates the one subject rule. Second, section 13(4) merely recognizes existing authority in connection with transmission line siting and does not violate the one subject rule. We agree that PSC's authority to grant subsequent year adjustments predated the enactment of chapter 83-222 and it is therefore unnecessary to address the constitutionality of the chapter. Singletary v. State, 322 So.2d 551 (Fla.1975); Peoples v. State, 287 So.2d 63 (Fla.1973); Economy Cash...