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5/24/1994
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5/24/1994
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
05/24/1994
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There is a reason behind this state policy. That reason is simple. <br />In Florida there are -67 counties and over 390 cities. If each <br />local government had the right to impose its own requirements with <br />respect to transmission facilities, a hodgepodge of methods of <br />siting and construction could result and costs and resulting <br />capital requirements could mushroom. Delay in construction and, <br />therefore, in service availability and reliability would ensue. <br />Locally influential citizens might convince the local elected <br />officials that the line ought to be built in the neighborhood of <br />someone with less political influence or to exclude the line <br />altogether from the boundaries of the local government. The <br />Florida Supreme Court has.recognized this concern in the case of <br />Florida Power Corporation v. Seminole County, 589 So.2d 105, 107 <br />(Fla. 1991) in finding that the regulation of the electric utility <br />is a matter of state not local concern. Further, as the Supreme <br />Court of Pennsylvania stated in Duquesne Light Company v. Upper St. <br />Clair Township et. al., 105 A2d 287 (Pa. 1954)-- one of the cases <br />cited with approval by the Florida Supreme Court in the Florida <br />Power Corporation case, supra,-- Local authorities not only are <br />ill-equipped to comprehend the needs of the public beyond their <br />jurisdiction, but, and equally important, those authorities, if <br />they had the power to regulate, necessarily would exercise that <br />power with an eye toward the local situation and not with the best <br />interests of the public at large." <br />Transmission lines, unlike substations or generating plants, must <br />cross several different local government jurisdictions in order to <br />transmit or transport the electricity. There must be alignment <br />between the different local jurisdictions. The lines must be built <br />according to sound engineering practices and in a cost effective <br />manner. The state-wide interest of public welfare could be negated <br />by the perceived local interest. <br />A local government has the authority, pursuant to section 337.401, <br />Florida Statutes (1993) to issue permits for utility use of road <br />rights-of-way to ensure that the presence of the utility facilities <br />on the road right-of-way does not interfere with the traveling <br />public. This permitting authority, however, is not regulatory <br />authority. The local government may not regulate the route <br />selection of the transmission line either through its land <br />development regulations or its general police powers. Because the <br />local government has no jurisdiction over route selection for <br />transmission lines, the local government has no jurisdiction to <br />require that the electric utility provide written notice of such <br />route or appear upon mandate at a public informational meeting. <br />Whether it is the electric utility, a religious group or an <br />individual, a local government may not simply mandate that the <br />group or individual appear before the Commission and justify itself <br />or its actions to the public. <br />As stated above, FPL takes pride in its work. FPL is striving to <br />improve its operations to continue to provide reliable low-cost <br />electricity. FPL will, on occasion and as FPL deems prudent, hold <br />voluntary meetings with local residents to explain FPL plans and <br />construction needs. This voluntary and case-by-case basis is <br />critical. FPL must preserve its right to act free of local <br />government politics in order to meet state requirements and FPL's <br />operational requirements. FPL provides electric service to all or <br />part of 35 different counties and approximately 175 different <br />municipalities. FPL must protect its ability and right to build <br />lines according to sound engineering practices and in a cost <br />effective manner. <br />MAY 2 41994 59 nu 92 FAGc 504 <br />
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