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,-Mw Accordingly, the City' s interests are to maintain its highly <br /> reliable service and to earn a reasonable return on its investment, <br /> consistent with the standard articulated by the Fifth DCA in Rosalind. <br /> Consistent with those interests, the City will continue its active and <br /> ongoing efforts to reduce its rates, but the City will insist on its <br /> ability to charge rates that generate sufficient funds to pay for the <br /> capital and operating expenses necessary to do so. <br /> The City's Efforts to Resolve the Pending Disputes <br /> While not styled as "settlement offers, " the City of Vero Beach <br /> has undertaken extensive action to address the concerns of all of its <br /> customers, including the concerns raised by the Town and the County. <br /> As noted above, in its ongoing efforts to address the desire of the <br /> Town, the County, and other customers for lower rates, the City spent <br /> more than two years and expended substantial sums - in excess of $1.7 <br /> million - in its efforts to consummate the sale of its electric <br /> utility system to FPL. Further, the City remains willing to sell its <br /> system to FPL, but at this time, neither FPL nor the City have been <br /> able to identify a way forward to consummate that sale. Again, the <br /> insurmountable obstacle to closing the sale to FPL is the failure of a <br /> critical, necessary condition precedent to the sale, which is finding <br /> another municipal utility willing and able to take assignment of the <br /> City's rights and responsibilities under the project contracts for the <br /> Stanton Project, the Stanton II Project, and the St. Lucie Project of <br /> the Florida Municipal Power Agency, through which the City has <br /> obtained virtual ownership interests in the named power plants . <br /> After it became apparent, at the beginning of June 2014, that <br /> this critical condition precedent would be difficult if not impossible <br /> to meet, the City turned its attention to addressing the concerns of <br /> the City Council and the concerns of the City's electric customers. <br /> The most important of those concerns is to lower the City's electric <br /> rates, and additionally, the City has moved forward with efforts to <br /> hold the referendum sought by the Town and also to work <br /> collaboratively with the Town and the County to establish a utility <br /> authority. <br /> The City's Efforts to Lower Electric Rates. In its efforts to <br /> lower its retail rates, City representatives have met several times <br /> with OUC senior management to discuss ways in which the pricing under <br /> the OUC-Vero Beach PPA might be adjusted in a fair way that would <br /> enable the City to reduce its retail rates. Those efforts and <br /> discussions are ongoing; they are summarized in a memorandum dated <br /> December 1, 2014, from the undersigned to the Vero Beach City Council. <br /> See Attachment B. In short, OUC has proposed two different sets of <br /> potential amendments: one set would provide greater cost savings but <br /> would entail keeping the PPA in place through 2029 and other value <br /> 11 <br /> a (O <br />