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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 17 <br />Attachment A <br />a manner that bei efits the customers .of .utilities subject. to the Conimission's regulatory <br />jurisdiction. Accordingly, the Agreement is in the public interest and should be approved. <br />18. Pursuantto Rule 28406.204(3), F.A:C..,.the Parties have conferred with the Florida <br />Industrial Power Users Group ("FIPUG"), r�,hich wasgranted ,intervention by Order NOS. PSC - <br />2020 -0233 -PCO -EI: FIPUG has advised. that it takes no position on the Agreement.' <br />Notwithstanding, the Parties jointly submit that the proppsed Agreemei t is in the public interest <br />and should :be approved in its entirety for the reasons stated above." <br />WHEREFORE; for all .the reasons stated above, the.Office .of Public Counsel, Gulf Power <br />Company, Florida Power & Dight Company; and Walniart Inc. jointly and respeetfully'regi est that <br />the Florida Public Service Commission exped tiously -approve the Stipulation and Settlement <br />Agreement,provided as Attachment A to this Joint Motion. <br />z MG did not actively participate in discovery or submit any testimony or evidence in oppositionto the <br />Gulf or FPL SPPs. in its Preheiring Statement, F1PUG did not take a;specifie position on any of the issues <br />auk mstead, adopted the positions of 0710, which is a signatory panty to the Stipulation and Settlement <br />Agreement provided.as Attaelunent A to this Joint Motion. <br />The Florida Supreme Court has affirmed that the Commission has the authority and discretion to approve <br />a non -unanimous settlement over the objections of intervenors if the Commission finds the settlement is in <br />the public mterest. Cinens, 146,So. 3d at 1152-54; see abvo S F7q.:Hg5p. &.HealthcareAss'n v. Jaber, <br />887 So:2d 1210,.212-13 (Fla. 2004) (affirming the Commission's appraval of a non -unanimous settlement <br />agreement despite the absence of a full evidentiary_ hearing). The Florida Supreme Court has explained that <br />"it would be unreasonable to :allow a single holdout party that does not ;et its. way on one issue during <br />settlement negotiations to derail ;the entire settlement process.if settlement is fully in the:public's interest <br />all along." Sierra Chib,.243 S63d at 913. <br />
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