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• <br />• <br />• <br />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 />gs <br />