FLORIDA CITIES WATER CO. v. STATE

No. 96-3812.

705 So.2d 620 (1998)

FLORIDA CITIES WATER COMPANY, Appellant, v. STATE of Florida, Florida Public Service Commission, Appellee.

District Court of Appeal of Florida, First District.

January 12, 1998.


Attorney(s) appearing for the Case

B. Kenneth Gatlin and Kathryn G. W. Cowdery of Gatlin, Schiefelbein & Cowdery, Tallahassee, for Appellant.

Robert D. Vandiver, General Counsel; Diana W. Caldwell, Associate General Counsel of the Florida Public Service Commission, Tallahassee, for Appellee.

Martin S. Friedman, F. Marshall Deterding, and John L. Wharton of Rose, Sundstrom & Bentley, Tallahassee, for Amicus Curiae Florida Waterworks Association, Inc.

Jack Shreve, Public Counsel; Harold A. McLean, Associate Public Counsel, Office of the Florida Public Counsel, Tallahassee, for The Citizens of the State of Florida.


BENTON, Judge.

Florida Cities Water Company (Florida Cities) appeals a rate order in which the Public Service Commission (PSC) disallowed approximately 2.4 million dollars that Florida Cities sought to include in its rate base. Florida Cities contends that the PSC overstated the capacity of Florida Cities's North Fort Myers Advanced Wastewater Treatment Plant, then used a novel method—without explaining the shift in methodology—to determine that less...

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