Nassau Power Corp. v. Deason

Nassau Power Corporation appeals a final order of the Florida Public Service Commission (PSC or Commission) dismissing Nassau Power’s petition for determination of need for a power plant, under the Florida Electrical Power Plant Siting Act, (Siting Act).1 The Commission dismissed the petition reasoning that, as a non-utility generator, Nassau Power is not a proper “applicant” for a need determination proceeding under the Siting Act.2

In Nassau Power Corp. v. Beard, 601 So.2d 1175, 1176-77 (Fla.1992), we recently explained:

The Siting Act was passed by the legislature in 1973 for the purpose of…