Citizens of the State of Florida v. Andrew Giles Fay

Summary

The court affirmed the Commission’s approval of four utilities’ storm protection plans, holding that the governing statute requires a public-interest review of proposed plans rather than a separate prudence review at the approval stage. Prudence is instead evaluated later in cost-recovery proceedings, while the Commission’s public-interest determinations receive deferential review. The court also held that the Commission did not abuse its discretion by striking an expert’s testimony that improperly offered legal interpretations of the statute and rules.