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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
Supplemental fields
FilePath
H:\Indian River\Network Files\SL00000H\S0005BI.tif
SmeadsoftID
14486
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filed a petition for declaratory statement to the Florida Public <br /> Service Commission ("PSC") raising issues similar to those raised in <br /> the Town's Complaint. <br /> Indian River Shores' Complaint <br /> The Town's Complaint raised four counts, summarized here: <br /> 1 . For declaratory relief that the City's electric rates "are <br /> unreasonable, unjust, and inequitable in violation" of law, and <br /> injunctive relief enjoining the City from charging such rates; <br /> 2 . For declaratory relief that upon the expiration of the existing <br /> franchise agreement between the Town and the City, "the City has no <br /> legal authority to provide extra-territorial electric service to <br /> customers residing within the corporate limits of the Town, " and that <br /> upon "expiration of the Franchise Agreement on November 6, 2016, the <br /> Town has a legal right to seek substitute electric service from other <br /> providers; " <br /> 3 . For declaratory relief that the City is subject to and must <br /> comply with the provisions of Section 366. 04 (7) , Florida Statutes, <br /> which would require municipalities meeting certain criteria to hold a <br /> referendum of their customers regarding the establishment of a utility <br /> authority to operate the business of the electric utility; and NOW <br /> 4. For declaratory relief that the City's denial of the rights of <br /> co-plaintiff Michael Ochsner to vote in the referendum constitutes a <br /> Constitutional violation of Mr. Ochsner's rights to due process and <br /> equal protection of the law. <br /> Indian River County's Petition for Declaratory Statement <br /> On July 21, 2014, Indian River County ("County") filed a petition <br /> for declaratory statement ("Petition") with the Florida Public Service <br /> Commission ("PSC") , in which the County requested 14 separate <br /> declarations from the PSC. Generally, the requested statements seek <br /> the PSC's declaration that upon expiration of the existing franchise <br /> agreement between the County and the City, the City will no longer <br /> have the right or authority to provide electric service to customers <br /> located in the unincorporated areas of the County outside the City <br /> limits . The County's Petition also asked the PSC to declare its <br /> status as either a "public utility" or an "electric utility, " defined <br /> terms with certain regulatory implications, under the PSC's governing <br /> statutes, mentioned the referendum issue raised by the Town, and asked <br /> for the PSC's advice regarding potential County liability for the <br /> City's contract obligations, continuing PSC jurisdiction, or lack <br /> thereof, over what are now the City's electric distribution <br /> 2 <br /> �l <br />
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