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41 RESOLUTION NO. ___ _ 2 3 A Resolution of the City of South Miami, Florida, opposing 4 the proposed base rate increase by Florida Power and 5 Light; authorizing the mayor to file this resolution with the 6 Florida Public Service Commission; providing for 7 distribution by the City Clerk. 8 9 WHEREAS, Florida Power and Light ("FPL") provides electricity within the City 1 0 of South Miami ("City"), and the City and its residents have no alternative but to purchase 11 services from FPL; and the City government purchases electricity from FPL to power City 12 Hall and numerous municipal buildings in order to provide services to residents; and l3 14 WHEREAS, the residents and businesses of the City must also purchase electric 15 service from FPL; and 16 17 WHEREAS, the City, its residents and businesses continue to face a depressed 18 economy with limited resources wherein jobs are being lost, incomes and revenues are 19 static or declining, and home mortgages are being foreclosed, requiring the City, its 20 residents and businesses to live within their means and budget accordingly; and 21 22 WHEREAS in March 2012, FPL proposed a 16% base rate hike in order to ensure 23 up to a 11.5% return on equity for its shareholders; and 24 25 WHEREAS, FPL benefits from more pass-through cost recovery mechanisms 26 than any other regulated utility in the United States of America, including the Storm Cost 27 Recovery Surcharge, the Fuel Cost Recovery Clause pass-through, the Environmental 28 Cost Recovery Clause pass-through, the Capacity Cost Recovery Clause pass-through, the 29 Conservation Cost Recovery Clause pass-through, and the Nuclear Cost Recovery Clause 30 pass-through, which pass-through mechanisms increase FPL's current cash flow without 31 the scrutiny employed in a traditional rate case; and 32 33 WHEREAS, currently, approximately 52% of the rates paid by FPL customers are 34 paid pursuant to these cost recovery mechanisms instead of through base rates; and 35 36 WHEREAS, in 2009 the Florida Public Service Commission ("PSC") awarded 3 7 FPL only 7% of its requested base rate relief, yet FPL continued in 2010 and 2011 to 38 report substantial earnings growth, including an increase of 14% in 2010 and 13% in 39 2011; and 40 41 WHEREAS, October 4, 2010, the PSC Staff recommended that the PSC order 42 FPL to hold $400 million for possible refund to customers and that the PSC investigate 43 over earning by the company, however the customers never received a refund; and 44 45 WHEREAS, the proposed rate increases will adversely affect the residents of the 46 City and further strain limited resources. 47 Page 1 of2 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are hereby ratified as true and correct and are incorporated herein by this reference. Section 2. The City hereby objects to and opposes the Public Service Commission ("PSC") approving FPL's request for a base rate increase. Section 3. The Mayor, or an alternate member of the City Commission if the Mayor is unavailable, is authorized on behalf of the City to file this Resolution with the PSC and present this Resolution opposing the rate increase at any public meeting, conference or hearing, including those scheduled for the purpose of discussing or considering any matters under consideration in PSC docket number 120015-EI Section 4. The City Clerk is hereby directed to distribute a copy of this resolution via mail to the PSC Clerk, Attention: Docket 120015-EI, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, and via electronic mail to the PSC at contact@psc.state.fl.us Section 5. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. Section 6. repealed. All Resolutions made in conflict with this Resolution are hereby Section 7. This Resolution shall be effective immediately upon its adoption. Passed and adopted this __ day of ______ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND SUFFICIENCY: CITY ATTORNEY Page 2 of2 APPROVED: Mayor COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Dr. Hector Mirabile Manager, City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Dr. Mirabile: I am writing to make you aware that today we filed the required petition, testimony and data supporting our request for a January 2013 change in base rates. With the proposed base rate increase and the latest estimates for fuel and other components of electric service, FPL's typical 1 ,ODD-kWh residential bill is projected to increase by about $2.48 a month, or about 8 cents per day compared with today's bill. This includes the proposed base rate increase of $6.97 a month, or about 23 cents a day, offset in part by an estimated $4.49 a month net decrease in other components of a typical 1 ,ODD-kWh residential customer bill in 2013. Most small businesses, which comprise more than 80 percent of all commercial customers in FPL's territory, would see little change in their bills in 2013. In fact, many would actually see a net decrease on their bills based on currently projected reductions in the fuel charge and other bill components, more than offsetting the base rate increase. The increase would not take effect until 2013, and we expect that, even with the change, our customer bills will still be the lowest in the state and well below the national average. In fact, from 2006 to 2012, FPL's 1,OOO-kVv'h residential customer bill has decreased 13 percent. FPL's business customer bills have decreased, on average, 14 percent during the same time period. Also today we launched a new, online calculator at www.FPL.com/answers so that residential customers can see the impact on their bills of the company's requested rate adjustment. Business customers also will find updated information on this site. Key elements underlying the company's request include: • The need to address the impact of the accelerated amortization of non-cash surplus depreciation, which was part of a 2010 base rate case settlement and which was a temporary solution to avoid a base rate increase • Cost recovery for the new Cape Canaveral Next Generation Clean Energy Center, which will use 33 percent less fuel per megawatt-hour of power generated • The impact of inflation on the cost of many materials and products needed to provide affordable, reliable power Florida Power & Light Company 4200 West Flagler Street, Miami, FL 33134 Dr. Hector Mirabile March 19, 2012 Page 2 of2 • The anticipated addition of nearly 100,000 new customers between the end of 2010 and the end of 2013 • A proposed adjustment to an 11.25 percent midpoint return on equity, which is within the range of currently allowed ROEs for other investor-owned utilities in the state. We know there is never a good time for a rate increase, and we are particularly mindful that the economy remains uncertain. We've worked hard to minimize the required increase, and we're committed to working equally hard to make sure our customers continue to have the lowest electric bills in the state, reliability that is among the best in the country, and top-notch customer service. Clean, low-cost, high-quality electric service is a competitive advantage for our customers and our state. I have enclosed the news release issued today for your review. Please click here httQ:llwww.TQI.com/customer/efficiEmcy:/common/pdf/newsrelease2.Qdf to read the news release we issued today on this subject. You have my commitment that we will continue to communicate with you throughout the rate-making process. Our website, www.FPL.com/answers also will provide you with updated information. Finally, you are welcome to contact me directly if you have questions or concerns. Thank you, ~,: ... ~ .. .t!I,.;-- Ramon Ferrer Area Manager FPL 4200 West Flagler Street Miami, Florida 33134 305-442-5454 I=PL. Florida Power & Light Co. Media Line: 305-552-3888 March 19,2012 FOR IMMEDIATE RELEASE Florida Power & Light Company files request for base rate increase • Total bill impact for 1,OOO-kWh residential customer expected to be about 8 cents a day • Company launches online tool so residential customers can calculate their personal bill impact • Oespite increase, typical FPL customer bill expected to remain lowest in state and lower than the national average JUNO BEACH, Fla. -Florida Power & Light Company today filed its formal request for a base rate increase with the Florida Public Service Commission (PSC). The requested increase would not take effect until Jan. 1, 2013. Today's filing was consistent with the company's notice to the PSC in January that an adjustment would be necessary because the company's existing rate agreement, which effectively froze base rates for three years, expires at the end of 2012. FPL expects that, even with the change, its customer bills will still be the lowest in the state and well below the national average. The company is requesting a base rate increase of $6.97 a month, or about 23 cents a day, on the base portion of a typical 1 ,OOO-kWh residential customer bill offset in part by an estimated $4.49 a month net decrease in other components of a typical bill, including lower fuel usage, lower fuel prices and other adjustments. As a result, the typical residential customer bill would increase about $2.48 a month, or about 8 cents a day -a 2.6 percent increase. The adjustment is needed to pay for increases in the cost of doing business and to begin paying for a new, high-efficiency natural gas power plant after it enters service in June 2013, The plant will use considerably less fuel to generate electricity, which in turn helps to keep customer bills low over the long term and reduces the impact of the base rate request. "We've worked hard to minimize the required increase, and we're committed to working equally hard to make sure our customers continue to have the lowest electric bills in the state, excellent reliability and top-notch customer service. In today's competitive economy, clean, low-cost, high- quality electric service is an advantage for our customers and our state," FPL President Eric Silagy said. The majority of FPL residential customers use less than 1,000 kilowatt-hours of electricity a month, although usage varies from household to household. To enable residential customers to see the specific impact on their bills based on their individual use of electricity, FPL launched a new, online calculator at www.FPL.com/answers. Residential efficiency programs among utilities nationwide. FPL is a subsidiary of Juno Beach, Fla.-based NextEra Energy, Inc. (NYSE: NEE). For more information, visit www.FPL.com. ### Cautionary Statements And Risk Factors That May Affect Future Results This press release contains "forward-looking statements" within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are not statements of historical facts, but instead represent the current expectations of NextEra Energy, Inc. (NextEra Energy) and Florida Power & Light Company (FPL) regarding future operating results and other future events, many of which, by their nature, are inherently uncertain and outside of NextEra Energy's and FPL's control. Forward- looking statements in this press release include, among others, statements concerning the effects of FPL's rate request. In some cases, you can identify the forward-looking statements by words or phrases such as "will," "will likely result," "expect," "anticipate," "believe," "intend," "plan," "seek," "aim," "potential," "projection," "forecast," "predict," "goals," "target," "outlook," "should," "would" or similar words or expressions. You should not place undue reliance on these forward-looking statements, which are not a guarantee of future performance. The future results of NextEra Energy and FPL are subject to risks and uncertainties that could cause their actual results to differ materially from those expressed or implied in the forward-looking statements. These risks and uncertainties include, but are not limited to, the following: effects of extensive regulation of NextEra Energy's and FPL's business operations; inability of NextEra Energy and FPL to recover in a timely manner any significant amount of costs, a return on certain assets or an appropriate return on capital through base rates, cost recovery clauses, other regulatory mechanisms or otherwise; impact of political, regulatory and economic factors on regulatory decisions important to NextEra Energy and FPL; risks of disallowance of cost recovery by FPL based on a finding of imprudent use of derivative instruments; effect of reduction or elimination of existing government support policies on demand for generation from renewable energy projects of NextEra Energy Resources, LLC (NEER); impact of new or revised laws, regulations or interpretations or other regulatory initiatives on NextEra Energy and FPL; effect on NextEra Energy and FPL of potential regulatory action to broaden the scope of regulation of aTC financial derivatives and to apply such regulation to NextEra Energy and FPL; capital expenditures, increased cost of operations and exposure to liabilities attributable to environmental laws and regulations applicable to NextEra Energy and FPL; effects on NextEra Energy and FPL of federal or state laws or regulations mandating new or additional limits on the production of greenhouse gas emissions; exposure of NextEra Energy and FPL to significant and increasing compliance costs and substantial monetary penalties and other sanctions as a result of extensive federal regulation of their operations; effect on NextEra Energy and FPL of changes in tax laws and in judgments and estimates used to determine tax-related asset and liability amounts; impact on NextEra Energy and FPL of adverse results of litigation; effect on NextEra Energy and FPL of failure to proceed with projects under development or inability to complete the construction of (or capital improvements to) electric generation, transmission and distribution facilities, gas infrastructure facilities or other facilities on schedule or within budget; impact on development and operating activities of NextEra Energy and FPL resulting from risks related to project siting, financing, construction, permitting, governmental approvals and the negotiation of project development agreements; risks involved in the operation and maintenance of electric generation, transmission and distribution facilities, gas infrastructure facilities and other facilities; effect on NextEra Energy and FPL of a lack of growth or slower growth in the number of customers or in customer usage; impact on NextEra Energy and FPL of severe weather and other weather conditions; risks associated with threats of terrorism and catastrophic events that could result from terrorism, cyber attacks or other attempts to disrupt NextEra Energy's and FPL's business or the businesses of third parties; risk of lack of availability of adequate insurance coverage for protection of NextEra Energy and FPL against significant losses; risk to NEER of increased operating costs resulting from unfavorable supply costs necessary to provide NEER's full energy and capacity requirement services; inability or failure by NEER to hedge effectively its assets or positions against changes in commodity prices, volumes, interest rates, counterparty credit risk or other risk measures; potential volatility of NextEra Energy's results of operations caused by sales of power on the spot market or on a short-term contractual basis; effect of reductions in the liquidity of energy markets on NextEra Energy's ability to manage operational risks; effectiveness of NextEra Energy's and FPL's hedging and trading procedures and associated risk management tools to protect against significant losses; impact of unavailability or disruption of power transmission or commodity transportation facilities on sale and delivery of power or natural gas by FPL and NEER; exposure of NextEra Energy and FPL to credit and performance risk from customers, hedging counterparties and vendors; risks to NextEra Energy and FPL of failure of Explaining your residential electric bill Below are explanations of the items related to your monthly electric bill. The Florida Public Service Commission (PSG) regulates each non-tax item. Customer charge': A fixed monthly amount to cover the cost of providing service to your location. This charge includes the cost of the meter, billing and providing customer service. It is applicable whether or not electricity is used. Fuel charge': The cost for fuel required to provide each kilowatt-hour (kWh) of electricity. FPL makes no profit on fuel costs, which are adjusted at least once a year. Non-fuel charge': » Base energy charge: The costs other than fuel to produce and deliver electricity, including the cost of operating power plants, and maintaining the grid. » Energy Conservation Cost Recovery Charge (ECCR): Cost of programs designed to reduce electric demand and consumption through efficiency measures. » Capacity Payment Recovery Clause (CPRC): Cost for purchasing electricity from non-FPL owned resources as well as certain nuclear-related expenses. » Environmental Cost Recovery Clause (ECRC): Cost to meet environmental laws and regulations. Storm charge': Used to repay the bonds and taxes issued during the 2004 and 2005 hurricane restoration efforts and Customer Charge' to partially replenish the storm damage reserve fund for future storms. Gross receipts tax': A tax of about 2.56 percent on a customer's electric bill that is paid to the State of Florida. Other taxes and fees: Vary by area, with amounts not established by FPL. FPL collects these fees and taxes for distribution to the appropriate entities and does not profit from them. » Franchise fee': FPL competes with municipalities and county governments for the right to serve customers. If a local government chooses, it can enter into a contract with FPL that enables the government to charge residents a contractual amount, the franchise fee, in exchange for its agreement to not form an electric utility for the term of the franchise. » Utility/municipal tax': A tax imposed by a municipality or county government on the sale of electricity. Base rate: Consists of the customer charge and base energy charge and is not a separate item on the bill. c·--------·-r-·--·--.,.·---·----------Base Rate Typical 1 ,000~kWh Residential Bill in 2012: $5.90 ---; $94.62 (excludes municipal tax and franchise fee) Expected to remain the lowest bill in the state** * Items listed on the bill Stonn Charge' $1.08 ** Based on currently available comparisons of the state's 55 utilities Non-fuel Charge' Base Energy Charge $37.36 ECCR $2.87 CPRC $9.69 ECRC -"'------$1.92 21938 Rate Adjustment Recovery Mechanisms Authorized For Utilities In FPl Proxy Grup ---'------~i ---I-Alilant i --I 'I Du~e !lntegryS I MDU I I E~!~y 1 PG&E I Portland T:gress j SCANA i Sempra I l vect:-: i ! Allete I Energy 1\ consolidated! Dominion , Energy ! Energy ! Resources i Nstar I Corp, I Corp_ 1 Electric I Energy i Corp. I Energy i Southern! Corp. I,' Wisconsin! Xcel Energy, FPL Authorized Rate Adjustment; and i and , Edison and I Resources! and I and i Group and! and ,and and and and, and i and i Co. and! and ! Energy and I Inc. and ~~echa~Lf~te(s)! State(s)' S!3'~!a~~~s) I State(s) i ~~tate(s) I State(s) I, State(s}! State(s} I, State(s) I Stat~s)! St~ State(s) \ State(s) 'I State(s) ! State(s} Generalizati,on Base Rate, ! I I I L' I I I I 1FT [ i '\ l=l=A::::,dj:::_u=st::::m::::e=nt=(::::GB=R=A:::::} ------L===1---\--.-i ___ t_! --' -1 -':+--\ . -! I ; i -l: 'Securitization of Storm Recovery I I i I, I r I iii I -'1 l ~ r Costs , ----1 ' I ,~--;---1--+=+= ---i t-,--,==+=_---L =---r I' -=--:c: I! ! iii: 'i I i Customer-Funded Storm Reserve!, ___ , , ___ ,--I -----i 1 ! X I ! : I X X ----l Nuclear Cost Recovery Clause!: II 'I ,'! I I I (projected costs, true-up, and! .-! , I ( cash (AFUDC) I! ---j I ~ I ! --t---I --i -----'-:J I ------r-=-f=' ==F=f=====t====+===1 Conservation Clause (projected :' i' I \ I i, I costs andtrue-up_} ____ ~! I X .-X X ~ I X I X ! ..J,..-X ! CapacitYClause (projected costs",! -f ! '--, 1 i, 4 and true-up) I I _____ I _ ! " ---+-~ , ~nvironmental Clause {projected i ! -t---l -~-I i \ costs and true-ueL X -.l ! X : X X I L X X X X· x x Fuel Clause (projected costs and, I i I I! -T----t-I true-up) __ .~ __ , X X X X _ Lx X . _---=-_Lx ±=X __ I xd--c_X _( X X X I X i X X! X '/ --,-II Regulatory Interim'Rate Relief i ' __ i 1 Within 60 Days ----j- PERCENT OF OPERATING COSTS i -------, ---'--'] RECOVERED FROM COST' I ADJUSTMENT MECHANISMS I I I [B1 [C] -=--____ '1 __ i! ~ ----t--I [fAJ As requested in Staff Inte'rrogatory No. 2.07 Issued JulY, 9, 2009 (contained'in Staff Composite Exhibit 35·9). rBJ As requsted in Public Counsel's Interrogatory No. 2.59 issue;d April S, 2009 (contained in Staff Composite Exhibit No, 35·17). . ·CJ ;:PL return on_e:~uitv witness "did not conduct a study to identify the oercent of operating costs that are covered by SPeCific cost adiustment mechanisms for FPl or the utilities_In this pro_xv~~~~" FPl Resp9nse to PUQ!iC Coun~slrtterrogatoFY No. 259 (contair\ed 'm S:-'-C,ff"'C=-o-m-o-o,"",,-. =-e''''hl'''bl--' N"'c-,-3S--1"'7--),'-----