Tampa Electric Co. v. Garcia
Florida Supreme Court
767 So. 2d 428 (2000)
- Written by Miller Jozwiak, JD
Facts
Florida had a statutory scheme regulating the construction of new power plants. Under Florida law, the construction of new power plants exceeding a certain power output had to be certified. Under this process, an applicant needed to seek a determination of need from the Public Service Commission (commission) (defendant). A Florida town petitioned to build a new power plant in conjunction with a power company that was a subsidiary of a North Carolina company and thus not regulated under Florida law. A small percentage of the power output from the new plant would go to the town, and the remaining power would be sold wholesale to other utilities. That remaining amount would go primarily, although not exclusively, to the Florida market. Tampa Electric Company and several other Florida utilities (plaintiffs) challenged the joint petition. The commission’s majority voted to grant the town’s petition over two dissents. One of the dissents argued that the power company was not a proper applicant. The Florida utilities appealed, claiming that the power company, as a subsidiary of a North Carolina company, was not a proper applicant.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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