Division of Administrative Hearings, Florida
Filed: Jan. 15, 1991
After Respondent Florida Power & Light Company backbilled Petitioner for additional electricity consumed, Petitioner filed a complaint regarding that backbilling with the Florida Public Service Commission. The Commission issued its Notice of Proposed Agency Action/Order Approving Backbilling of Estimated Usage of Electric Consumption, and Petitioner timely requested a formal hearing regarding that preliminary determination. This cause was thereafter transferred to the Division of Administrative Hearings for the conduct of that formal proceeding. The Florida Public Service Commission's Petition for Leave to Intervene was subsequently granted. The Petitioner testified on his own behalf. Respondent presented the testimony of Kevin J. Burke, Emory B. Curry, Martha Liin, and Curtis J. Batman. Additionally, Respondent's Exhibits numbered 1-15 and Petitioner's Exhibit numbered 1 were admitted in evidence. Petitioner and Respondent submitted proposed findings of fact. The Intervenor waived its right to do so. A specific ruling on each proposed finding of fact can be found in the Appendix to this Recommended Order.Where meter tampering occurred, backbilling properly calculated based upon reasonable estimate of amount of electricity consumed by customer.
