BETTER PLASTICS, INC., APPELLANT,
v.
KISSIMMEE UTILITY AUTHORITY, APPELLEE
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COWART, Judge.
Appellee, an electric service public utility, owes appellant, a customer, a refund for overcharges. The customer claims it is entitled to prejudgment interest on the overcharge refund under section 687.01, Florida Statutes and Argonaut Insurance Company v. May Plumbing Co., 474 So. 2d 212 (Fla.1985). The utility claims that as a regulated public utility it can lawfully do only what is authorized by the Public Service Commission, which, by Florida Administrative Code Rule 25-6.106(2), has authorized overcharge refunds but has not authorized the payment of interest on overcharge refunds.
In the absence of a clear and lawful limitation, a regulated public utility has all rights granted by, and duties imposed by, general law and, specifically, has the legal obligation to pay prejudgment interest on overcharge refunds.
We certify as a question of great public interest:
Is a regulated public utility in Florida liable to customers for prejudgment interest on overcharge refunds?
Final summary judgment in favor of the utility is reversed and the case remanded for entry of summary judgment for the customer. REVERSED and REMANDED.
UPCHURCH, C.J., and GREEN, O.L., Associate Judge, concur.
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Citator
Cited By
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Kissimmee Util. Auth. v. Better Plastics, Inc., 526 So. 2d 46 (Fla. 1988)…KOGAN, Justice. Pursuant to article V, section 3(b)(4) of the Florida Constitution, we review Better Plastics, Inc. v. Kissimmee Utility Authority, 511 So. 2d 402 (Fla. 5th DCA 1987), to answer the following question certified as one of great public importance: [*47] IS A REGULATED PUBLIC UTILITY IN FLORIDA LIABLE TO CUSTOMERS FOR PREJUDGMENT INTEREST ON OVERCHARGE REFUNDS? On the authority of Argonaut Insur…
Authorities Cited
- Argonaut Ins. Co. v. MAY Plumbing Co., 474 So. 2d 212 (Fla. 1985)