Southern Bell Telephone & Telegraph Co. v. Florida Public Service Commission

443 So. 2d 92, 1983 Fla. LEXIS 3203
CourtSupreme Court of Florida
DecidedDecember 22, 1983
DocketNo. 62181
StatusPublished
Cited by3 cases

This text of 443 So. 2d 92 (Southern Bell Telephone & Telegraph Co. v. Florida Public Service Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southern Bell Telephone & Telegraph Co. v. Florida Public Service Commission, 443 So. 2d 92, 1983 Fla. LEXIS 3203 (Fla. 1983).

Opinion

OVERTON, Justice.

This is a direct appeal by Southern Bell Telephone and Telegraph Company from an order of the Florida Public Service Commission approving, in part, Bell’s petition for a rate increase for telephone service. The rate increase allowed was less than the amount Bell had requested. We have jurisdiction, article V, section 3(b)(2), Florida Constitution, and we affirm the order of the Public Service Commission.

Southern Bell filed a petition with the Public Service Commission seeking approval of rates which would increase annual revenues by $288,374,110. Bell’s request was based on a test year ending July 31, 1981, which, at the time of filing, consisted of three months’ actual and nine months’ projected figures. Bell utilized a year-end rate base with an end-of-year factor, but did not request an attrition allowance. The Public Service Commission, in Order No. 10449, which was issued on December 15, 1981, authorized a rate increase providing Bell with $139,799,327 in additional annual revenue. The Commission utilized an average rate base rather than a year-end rate base and provided an attrition allowance in lieu of the various adjustments requested by Bell. The decision also incorporated a change in Bell’s depreciation methodology. In its decision, the Commission rejected Bell’s proposal to remove all investments, expenses, taxes, and revenues attributable to the company’s activities in the publication and sale of yellow-page advertising. The Commission also rejected Bell’s request that the company’s charitable contributions be included as an operating expense for rate-making purposes.

Bell contends that the Commission erred in reducing its requested rate increase because (1) the Commission failed to make pro forma adjustments to Bell’s “test year” for two major known and imminent changes amounting to $59 million in increased costs for Bell and, instead, provided an attrition allowance of $12,700,000; (2) the Commission erred in including within Bell’s net operating income and rate base the investments, revenues, expenses, and taxes associated with Bell’s publication of the yellow pages; (3) the Commission erred in refusing to allow Bell’s charitable contributions to be treated as operating expenses; (4) the Commission erred in using an average rather than a year-end rate base; and (5) the Commission erroneously imposed a depreciation change retroactively-

The Citizens of the State of Florida were a party to the proceedings and filed a cross-appeal. In their cross-appeal, the Citizens contend that the Commission’s order departed from the essential requirements of law because it based Bell’s rate increase on a projected test year, which is not subject to verification by audit.

After argument of this cause before this Court, the Commission filed a suggestion of mootness. The Commission contends that Bell’s points (1), (2), and (4) have been rendered moot by a subsequent rate filing by Bell and by the passage of legislation in 1983. The Citizens agree that these issues are moot. Bell agrees that the issue concerning the yellow pages has been rendered moot by new legislation but argues that points one and four are important issues for this Court to decide. We note that the Commission has not moved to moot the entire case.

We agree that the yellow-pages issue has been settled by the legislature, which has determined that investments, revenues, expenses, and taxes associated with the publication of the yellow pages are properly included in a telephone utility’s net income and rate base. See ch. 83-73, § 1, Laws of Fla. This issue is, therefore, moot. No party, however, has [95]*95suggested that the entire case is moot and we deem it appropriate to address the issues argued before us with the exception of the yellow-pages issue.

The first point for consideration is Bell’s contention that the Commission erred by refusing to make pro forma adjustments for known and imminent changes to Bell’s “test year” data. A “test year” is used by rate-making bodies to measure the adequacy and reasonableness of a utility’s rates. Gulf Power Co. v. Bevis, 289 So.2d 401 (Fla.1974). According to Bell, the Commission failed to adjust its test year for two known and imminent changes amounting to $59 million in increased costs: (1) wage and benefit increases of $43 million and (2) certain increased settlement costs to independent telephone companies of $16 million. The Commission rejected Bell’s argument that pro forma adjustments be made, and instead provided Bell with an attrition allowance in accordance 'with this Court’s decision in Citizens v. Hawkins, 856 So.2d 254 (Fla.1978). As we have previously stated, “[attrition is a term used to describe the phenomenon present when factors, other than extraordinary growth, are forcing costs upward without a concomitant increment in revenues.” Citizens v. Public Service Commission, 435 So.2d 784, 787 (Fla.1983). In Citizens v. Hawkins, we determined that “all adjustments for attrition [are] to be encompassed within a separate allowance.” 356 So.2d at 258. Here, the Commission heard expert testimony from its staff, from Bell, and from the Citizens on how Bell’s attrition allowance should be computed. The Commission rejected the testimony offered by Bell and accepted the testimony of the Citizens’ expert, and concluded that the expenses were attrition related and would be properly recognized through an attrition allowance computed at $12,700,000. It is not this Court’s responsibility to reweigh the evidence in reviewing an order of the Public Service Commission. Rather, we are to determine whether the Commission’s action is supported by competent, substantial evidence. We conclude that the Commission’s computation of Bell’s attrition allowance is supported by competent, substantial evidence.

The second point raised concerning the yellow-pages issue has been rendered moot.

With regard to the third point, Bell asserts that the Commission should have treated its charitable contributions, in the amount of $377,000, as operating expenses. Bell cites our decision in City of Miami v. Florida Public Service Commission, 208 So.2d 249 (Fla.1968), as authority for this argument. In City of Miami, we stated:

We are of the opinion that the better concept on this matter is that ... if contributions are of a reasonable amount to recognized and appropriate charities, then they may be classified as legitimate operating expenses.

208 So.2d at 259. (Emphasis supplied.)

To support its argument that charitable contributions are customary and legitimate expenses which allow corporations to meet their fair share of civic responsibility, Bell also cites a Federal Power Commission opinion which stated:

Reasonable charitable contributions are very much an obligation of a business enterprise to the community it serves and upon which it is dependent for its revenues_ This is particularly applicable to a regulated enterprise whose identification with the public interest is instinctive in the legislation which gives rise to its regulation.

Re El Paso Natural Gas Co., 46 F.P.C. 454, 466-67, 90 P.U.R.3d 462, 473 (1971).

Bell claims that since 1977 the Public Service Commission has been inconsistent in its decisions on the charitable deductions issue and that this inconsistency is reflected by the following cases in which the Commission has allowed and disallowed charitable contributions as operating expenses of a utility:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

General Telephone Co. of Florida v. Marks
500 So. 2d 142 (Supreme Court of Florida, 1986)
Gulf Coast Elec. v. Fla. Public Serv. Com'n
462 So. 2d 1092 (Supreme Court of Florida, 1985)
S. Bell Tel. & Tel. Co. v. FLA. PUB. SERV. COM'N
443 So. 2d 92 (Supreme Court of Florida, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
443 So. 2d 92, 1983 Fla. LEXIS 3203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-bell-telephone-telegraph-co-v-florida-public-service-fla-1983.