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the services provided by FPL to its customers.3 FPL’s charges to
its customers for their use of electricity were based upon a
tariff. A tariff is a document that contains the terms,
conditions, rates, and charges that a company may charge and a
customer must pay for the service offered by a utility.
According to the tariff, “Service under the tariff is subject to
orders of governmental bodies having jurisdiction and to the
currently effective ‘General Rules and Regulations for Electric
Service’ on file with the Florida Public Service Commission.”
From time to time, FPL could, and did, request adjustments to the
tariff rates, terms, and conditions.4 FPL’s customers did not
3 Michael Wilson, FPL’s vice president of government
relations and a former FPSC commissioner, testified:
The Public Service Commissioner provided economic
regulation of those utilities which the legislature put
in their charge or their jurisdiction which entailed
setting rates for various classes of customers,
determining the investment level that companies had,
quality of service regulation, hearings on a number of
different issues regarding service and rates.
4 Mr. Wilson testified:
a company which decides that it is not receiving a
reasonable return on its investment or costs have gone
up would apply to the Public Service Commission for a
rate increase. * * *
Those would be the subject of hearings and
testimony by public counsel, by intervenors, large,
industrial customers * * *
Claude Villard was a nuclear fuel witness for FPL before the
FPSC from 1995 to 1997. He testified:
(continued...)
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