SOUTHERN STATES UTILITIES, n/k/a Florida Water Services Corporation, Appellant/Cross-Appellee,
v.
FLORIDA PUBLIC SERVICE COMMISSION; and Burnt Store Lakes Property Owners Association, Inc., Appellees, and
Citizens of the State of Florida; Marco Island Fair Water Rate Defense Committee, Inc.; Citrus County Board of County Commissioners; Sugarmill Woods Civic Association, Inc.; Concerned Citizens of Lehigh Acres; Spring Hill Civic Association, Inc.; East County Water Control District; Hidden Hills Country Club Homeowners Association; Citrus Park Homeowners Association; and Harbour Woods Civic Association, Appellees/Cross-Appellants.
District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png
June 10, 1998.
Rehearing Denied July 5, 1998.
Attorney(s) appearing for the Case
Arthur J. England, Jr., and Joe N. Unger of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami; Kenneth A. Hoffman of Rutledge, Ecenia, Underwood, Purnell & Hoffman, P.A., Tallahassee; and Brian P. Armstrong and Matthew J. Feil of Florida Water Services Corporation, Apopka, for Appellant/Cross-Appellee.
Robert D. Vandiver, General Counsel; Mary Anne Helton and Christiana T. Moore of the Florida Public Service Commission, Tallahassee, for Appellee Florida Public Service Commission.
Darol H.M. Carr and David A. Holmes of Farr, Farr, Emerich, Sifrit, Hackett and Carr, P.A., Port Charlotte, for Appellee Burnt Store Lakes Property Owners Association, Inc.
Jack Shreve, Public Counsel; Charles J. Beck and Harold McLean of the Office of Public Counsel, Tallahassee, for Appellee/Cross-Appellant Citizens of the State of Florida.
Frederick C. Kramer of the Law Offices of Frederick C. Kramer, Marco Island, for Appellee/Cross-Appellant Marco Island Fair Water Rate Defense Committee, Inc.
Michael B. Twomey, Tallahassee, for Appellees/Cross-Appellants Citrus County Board of County Commissioners and Sugarmill Woods Civic Association, et al.; Larry M. Haag, County Attorney for Citrus County, Inverness; Arthur Jacobs of Jacobs & Peters, P.A., Fernandina Beach.
B. Kenneth Gatlin and Wayne L. Schiefelbein of Gatlin, Schiefelbein & Cowdery, P.A., Tallahassee, for Amicus Curiae Florida Waterworks Association.
District Court of Appeal of Florida, First District.
EN BANC
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...
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