Southern States Utilities v. Florida Public Service Commission

BENTON, Judge.

Revisiting recent cases pertinent to the question, we conclude no statute prohibits resort by the Public Service Commission (PSC) — in an appropriate case — to so-called “capbands” to fix rates that are just, reasonable, compensatory, and not unfairly discriminatory. We decide, however, that the rate order under review must be reversed on other grounds. Accordingly, we reverse the order and remand the case to the PSC for further proceedings.

Florida Water Services Corporation (Florida Water) appeals an order in which the PSC set rates in ninety-seven water and forty-four…