More about Florida lawsuit over alleged unlawful nuclear fees

FPL, Duke Energy sued over alleged unlawful nuclear fees http://protectingyourpocket.blog.palmbeachpost.com/2016/02/23/fpl-duke-energy-sued-over-alleged-unlawful-nuclear-fees/

Florida Power & Light Co. and Duke Energy Florida have been hit with a class-action lawsuit alleging that millions of dollars in nuclear construction costs the companies charge their customers are unlawful, the suit filed Monday by consumer rights law firm Hagens Berman says.

The suit filed in U.S. District Court for the Southern District of Florida accuses Duke Energy and FPL of overcharging through alleged unconstitutional price hikes that increase customers’ electricity bills to fund nuclear construction costs.

Since 2008 the Florida Public Service Commission has authorized the two utilities to collect more than $2 billion in nuclear costs from customers. The lawsuit alleges that Florida’s nuclear cost recovery system violates the Commerce Clause and is preempted by the Atomic Energy Act of 1954 and the Energy Policy Act of 2005 under the Supremacy Clause.

“These two utilities have racked up huge expenses with nuclear power plant projects – some of which they completely abandoned – and have left ratepayers holding the bag,” said Steve Berman, managing partner of Hagens Berman. “We believe the consumers in this instance are being forced to pick up the tab for Duke Energy Florida and FP&L in violation of their constitutional rights.”

To read the lawsuit, go tohbsslaw.com/uploads/case_downloads/florida_energy/fpandlanddukeenergyflorida_class_action_lawsuit_02-22-16.pdf

Juno Beach-based FPL has 4.8 million customer accounts, and Duke Energy Florida, headquartered in St. Petersburg, has 1.7 million customer accounts.

The suit seeks relief for anyone who is a customer of either of the utility companies, including reimbursement from the companies for costs passed onto the customers to fund the companies’ nuclear projects, a declaration binding on defendants that Florida’s Nuclear Cost Recovery System and all nuclear cost recovery orders issued under it are unconstitutional and void, and an order enjoining defendants from further unlawful charges.

The named plaintiffs are William Newton, a Duke Energy customer who resides in Clearwater and is deputy director of the Florida Consumer Action Network and Noreen Allison of Naples, an FPL customer since 1991 and a retired U.S. National Park Service worker.

The lawsuit alleges that since Nov. 12, 2008, Duke and FPL ratepayers have been forced to pay “unlawful charges” to fund various nuclear power plant projects.

Duke abandoned all of its nuclear projects in 2013, and FP&L’s proposed expansion of its Turkey Point plant south of Miami continues to be bogged down in red tape, according to the complaint. FPL is seeking a license to build two more nuclear units, 6 and 7 at Turkey Point.

FPL operates two nuclear units at Turkey Point and two at its St. Lucie plant on Hutchinson Island.

The suit lists as an example that Duke abandoned a nuclear power plant in Levy County, which reportedly cost Florida ratepayers $1.3 billion, and that full amount has not yet been collected.

The Nuclear Cost Recovery System facially discriminates against electricity producers outside of Florida and violates the Constitution’s dormant Commerce Clause, the lawsuit contends.