Court affirms utilities' cost recovery program

TALLAHASSEE, Fla. - The Florida Supreme Court has denied a challenge to a law letting utilities charge customers now for future nuclear reactors - even if they never get built.

The court ruled unanimously on Thursday.

Southern Alliance for Clean Energy had appealed a final order of the Florida Public Service Commission. That order allowed the cost recovery by Florida Power & Light Company and Progress Energy Florida.

The court ruled that state law authorizing charging customers for nuclear power plants that may never be built wasn't an "unconstitutional delegation" of the Legislature's authority to the commission.

Its ruling also said it wasn't the court's job to question the wisdom of the law.

The case is Southern Alliance for Clean Energy v. Graham, No. SC11-2465.

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