367.121 Powers of
commission. ---
(1) In the exercise of its jurisdiction, the
commission shall have power:
(a) To prescribe fair and reasonable rates and charges,
classifications, standards of quality and measurements, and to
prescribe service rules to be observed by each utility, except to
the extent such authority is expressly given to another state
agency;
(b) To prescribe, by rule, a uniform system and
classification of accounts for all utilities, which rules, among
other things, shall establish adequate, fair, and reasonable
depreciation rates and charges;
(c) To require such regular or emergency reports from a
utility, including, but not limited to, financial reports, as the
commission deems necessary and, if the commission finds a financial
report to be incomplete, incorrect, or inconsistent with the
uniform system and classification of accounts, to require a new
report or a supplemental report, either of which the commission may
require to be certified by an independent certified public
accountant licensed under chapter 473;
(d) To require repairs, improvements, additions, and
extensions to any facility, or to require the construction of a new
facility, if reasonably necessary to provide adequate and proper
service to any person entitled to service or if reasonably
necessary to provide any prescribed quality of service, except that
no utility shall be required to extend its service outside the
geographic area described in its certificate of authorization, or
make additions to its plant or equipment to serve outside such
area, unless the commission first finds that the utility is
financially able to make such additional investment without
impairing its capacity to serve its existing customers;
(e) To employ and fix the compensation for such examiners
and technical, legal, and clerical employees as it deems necessary
to carry out the provisions of this chapter;
(f) To adopt, by affirmative vote of a majority of the
commission, rules reasonably necessary and appropriate for the
administration and enforcement of this chapter;
(g) To exercise all judicial powers, issue all writs, and
do all things necessary or convenient to the full and complete
exercise of its jurisdiction and the enforcement of its orders and
requirements;
(h) To order interconnections of service or facilities
between utilities, and to approve any plant capacity charges or
wholesale service charges or rates related thereto, provided the
commission first finds that the utility is financially able to make
such additional investment as is required without impairing its
capacity to serve its existing customers;
(i) To require the filing of reports and other data by a
public utility or its affiliated companies, including its parent
company, regarding transactions or allocations of common costs,
among the utility and such affiliated companies. The commission
may also require such reports or other data necessary to ensure
that a utility's ratepayers do not subsidize nonutility
activities;
(j) To seek relief in circuit court including temporary
and permanent injunctions, restraining orders, or any other
appropriate order, because the Legislature finds that violations of
commission orders or rules, in connection with the impairment of
a utility's operations or service, constitute irreparable harm for
which there is no adequate remedy at law. Such remedies shall be
in addition to and supplementary to any other remedies available
for enforcement of agency action under s. 120.69 or the provisions
of this chapter. The commission shall establish procedures
implementing this section by rule; and
(k) To assess a utility for reasonable travel costs
associated with reviewing the records of the utility and its
affiliates when such records are kept out of state. The utility
may bring the records back into the state for
review.
(2) The commission or its duly authorized
representatives may, during all reasonable hours, enter upon any
premises occupied by any utility and set up and use thereon any
necessary apparatus and appliance for the purpose of making
investigations, inspections, examinations, and tests and exercising
any power conferred by this chapter. Such utility shall have the
right to be notified of and be represented at the making of such
investigations, inspections, examinations, and
tests.
History: s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 53,
ch. 78-95; ss. 15, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 16,
26, 27, ch. 89-353; s. 4, ch. 91-429; s. 11, ch.
93-35.