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12/17/2014 (3)
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12/17/2014 (3)
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Last modified
6/27/2018 4:15:40 PM
Creation date
3/23/2016 9:09:39 AM
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Meetings
Meeting Type
BCC Joint Meeting
Document Type
Agenda Packet
Meeting Date
12/17/2014
Meeting Body
Board of County Commissioners
Town of Indian River Shores
Book and Page
140
Subject
Florida Governmental Conflict Resolution Process
Electric Rates
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FilePath
H:\Indian River\Network Files\SL00000H\S0005BI.tif
SmeadsoftID
14486
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regarding the possible future supply of electric service to customers in the County or the <br /> Town. <br /> Background <br /> As the City and the recipients of this letter know, the City is a party to certain <br /> agreements between the City and FPL, including the Asset Purchase and Sale Agreement <br /> by which the City has contracted to sell its electric utility system to FPL and a number of <br /> other agreements related to the proposed City-FPL utility system sale transactions. <br /> On July 18, 2014, the Town filed its Complaint against the City, initiating Case <br /> No. 312014 CA 000748. Because the complaint is by one Florida governmental entity <br /> against another, the mandatory processes of the Florida Governmental Conflict <br /> Resolution Act, Chapter 164, Florida Statutes, were invoked, and the parties have <br /> accordingly been engaged in those processes since then. On July 21, 2014, Indian River <br /> County filed a petition for declaratory statement with the Florida Public Service <br /> Commission ("PSC"), in which the County raised several issues similar to those raised by <br /> the Town in its suit. The County's petition was assigned Docket No. 140142-EM by the <br /> PSC; action on the County's petition is pending. <br /> Most recently, the parties, including the County pursuant to its notice of <br /> participation in the Chapter 164 dispute resolution processes, participated in a mediation <br /> session on December 17, 2014, facilitated by mediator Carlos Alvarez, Esquire. Among <br /> other things, at that mediation session, the parties agreed that the Town would continue <br /> its lawsuit in abeyance until March 2, 2015, and the City agreed (without waiving any of <br /> its positions in the litigation) that it would waive any claims of tortious interference, <br /> breach of contract, or similar claims that might arise from either the Town or the County <br /> (a) conducting evaluations of future electric power supply alternatives or (b) engaging in <br /> discussions with FPL or other potential electricity suppliers regarding the possible future <br /> supply of electricity to customers located in unincorporated Indian River County or in the <br /> Town but who are currently provided retail electric service by the City. <br /> Consent and Waiver <br /> Without waiving its position that neither the Town nor the County may take any <br /> action, either before or after the expiration of their respective franchise agreements with <br /> the City, that would terminate or in any way impair the City's right, obligation, or ability <br /> to operate its electric utility system and/or provide retail electric service within its service <br /> territory approved by orders of the Florida Public Service Commission, the City agrees <br /> that it will not object to either the Town or the County conducting, as contingency <br /> planning by the Town and County for the possibility that they might prevail in the <br /> litigation, evaluations of alternatives for the Town or the County to provide for, or to <br /> arrange for the provision of, electric service to their respective citizens upon expiration of <br /> 2 <br /> � 5o <br />
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