Laserfiche WebLink
b. Is located in a noncharter county; <br /> c. Has between 30,000 and 35,000 retail electric customers as of September 30, <br /> 2007; and <br /> d. Does not have a service territory that extends beyond its home county as of <br /> September 30, 2007. <br /> § 366.04(7), Fla. Stat. (2008). <br /> 40. The City is an "affected municipal electric utility" subject to the requirements of <br /> Section 366.04(7). In filings before the PSC, the City has admitted that: (i) it serves the City of <br /> Vero Beach and the Town, both municipalities in Indian River County; (ii) Indian River County <br /> is a noncharter county; and (iii) the City's service area does not extend beyond Indian River <br /> County. Furthermore, the City's audited financial statement for 2007 expressly notified the <br /> public that the City had 33,442 retail electric customers as of September 30, 2007. Upon <br /> information and belief, the City also represented to the PSC and to credit rating agencies that it <br /> had in excess of 33,000 retail electric customers in 2007. <br /> 41. Prior to passage of Section 366.04(7), consistent with established electric utility <br /> industry practice, the City quantified its retail customers by counting the number of separate <br /> meter accounts. <br /> 42. After Section 366.04(7) became law, the City disavowed its prior customer counts <br /> set forth in its audited financial statements and has now has asserted that it is not subject to <br /> Section 366.04(7) because the City had less than 30,000 customers as of September 30, 2007. In <br /> reversing itself and claiming that it had less than 30,000 retail electric customers the City has <br /> adopted a novel and erroneous customer count method which for the first time counts individuals <br /> with multiple meters as a single "customer". <br /> 10 <br /> 95 <br />