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07/14/2020 (2)
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07/14/2020 (2)
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Last modified
10/20/2020 11:25:10 AM
Creation date
10/20/2020 11:18:59 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
07/14/2020
Meeting Body
Board of County Commissioners
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ORDER NO. PSC -2020 -0293 -AS -EI <br />DOCKET NOS. 20200067 -EI, 20200069 -EI, <br />20200070-EI,20200071-EI,20200092-EI <br />PAGE 15 <br />Attachment A <br />EI and 20200071-E1, respectively, and have established the reasonable costs which the <br />Cormnission has a record basis to authorize FPI., and Gulf to recover them through the SPPCRC <br />in 2021, subject to Commission reviewfor prudence in the normal course of the clause <br />proceedings, assuming the Gulf and FPL SPPs are approved with modifications set forth in the <br />Attached Settlement Agreement. The Parties hereby jointly request that the Commission review <br />and approve the Agreement in its entirety and without modification. <br />13. The Commission has a "long history of encouraging settlements, giving great <br />weight. and deference to settlernents, and enforcing them in the spirit :in which they were reached <br />by the parties." Re Florida Power & Light Company, Docket No. 20050045 -EI; Order No. PSC - <br />2005=0902=S -EI (FPSC Sept. 14, 2005). The proper standard for the CommiIssion's approval of a <br />settlement agreement is whether it is in the public interest. Sierra Club y. Brown, 243 :So.3d 903, <br />9:10-913 (Fla. 2018) (citing Citizens of State v. FPSC, 146 So.3d 1143, 1164 (Fla: 2014.)); see also <br />f p, ( ) ("(Tin the final analysis, <br />C;ul Coast Flet, Coop-, Inc.Tnc. v..Tgh»si?rr 727 So.2d 259 264 Ela. 1999 _ <br />the public interest is the ultimate measuring stick to guide the PSC in its decisions').' <br />14. The proposed Agreement represents a reasonable compromise of competing <br />positions and is a frill and complete resolution of all matters in Docket Nos. 20200070 and <br />20200071 and a partial resolution of.significant matters in 'Docket No. 20200092. If approved by <br />the Commission the Agreement will establish a series of stipulations that will reduce the issues to <br />' The Florida Supreme Court has explained that the "determination of what is in the public interest rests <br />exclusively with the Commission." Citizens, 146 So.3d at 1173. The Commission has broad discretion in <br />deciding what is in the public interest and may consider a variety of factors in reaching its decision. See <br />.Re The Woodlands of Lake Placid L.P., Docket No. 20030102 -SVS, Order No. PSC-2004-1162-FOF-WS, <br />p: 7, (FPSC Nov. 22, 2004); It? Re Petition for approval of plan to bring generating units into compliance <br />with the Clean Air Act by Cw6(Power Company, Docket No. 199211.55 -FI, Order No_ PSC-1993-1376- <br />FOF-El, p. 15 (FPSC Scpt. 20, 2003). However, the Commission is not required to resolve the merits of <br />every'issuc independently, Sierra Club, 243 So.3d at 913 (citing Citizens, 146 So.3d at 1153). Rather, a <br />"determination of Public interest requires a case -specific analysis based on consideration of the proposed <br />settlement taken as a whale." In re: Petition for Rate Increase by Cndf Power Co., Docket No. 20160186 - <br />EI, Order No. PSC -2017 -0178 -S -EI, 2017 WL 2212158, at *6 (FPSC May 16, 2017). <br />4 <br />
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