Citizens of the State of Florida, Appellant v. Art Graham

Summary

The Court reversed the Florida Public Service Commission's approval of recovery through the fuel clause of costs associated with FPUC's transmission interconnection project. It held that the Commission failed to adequately address the governing settlement agreement and that the project's construction-related capital costs were not recoverable through the fuel clause because they were transmission-asset investments traditionally recovered through base rates. Justice Canady, dissenting, would have affirmed because he read the settlement agreement as permitting recovery of entirely new transmission-related costs and found competent, substantial evidence supporting the Commission's decision.