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09/15/2020
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09/15/2020
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Last modified
11/12/2020 2:22:38 PM
Creation date
11/9/2020 11:49:21 AM
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Meetings
Meeting Type
BCC Regular Meeting
Document Type
Agenda Packet
Meeting Date
09/15/2020
Meeting Body
Board of County Commissioners
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ORDER NO. PSC -2020 -0293 -AS -EI <br />DOCKET NOS. 20200067 -EI, 20200069 -EI, Attachment A <br />20200070-EI,20200071-EI,20200092-EI <br />PAGE 15 <br />El and '20200071-E1, respectively, and have established the reasonable costs 'which the <br />Commission has a record basis 'to authorize FPL and Gulf to recover then through the SPPCRC <br />in .2021, subject to Commission review for prudence in the normal course of ;the clause: <br />procccdinngs. assumuig the Gulf and :FPL SPPs are approved. with modifications set forth in the <br />Attached Settlement Agreement-. The Parties hereby jointly request that the Cotntnission review <br />and approve he Agreement in its entirety andwithout, modification. <br />13. The Commission has a :"long history of encouraging settlements; giving great <br />. <br />weight and deference to settlements, and enforcing them in the. spirit nwhich they. were ;reached <br />by the :parties:" Re Florida Power & Light Company, Docl et,No 20050045-E1;.Order No PSC= <br />2005=0902 -S -EI (FPSC Sept. 14, 2005). The proper standard for the' Commission's approval of a <br />settlement agreement`s whether it is iii the public interest Sierra Club v. Brown, 243 So.3d 903, <br />910-913 (Fla. 2018) -(citing Citizens of State v. FPSC; 146 So.3d 1143, 11'64 (Fla. 2014.)); see also <br />GUT, 1. <br />Coop.., Inc. v..lohnson, 727 So:2d 259,-264 (Fla. 19 99) (`[i)n the finat. analysis, <br />the public interest is the ultmnatc measuring stick to guide the PSC in its decisions'). <br />14. Tlie proposed Agreement represents a reasonable compromise of competing <br />positions acrd is a full 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 interestrests <br />exclusively with the Commission." Citizens, 144 So.3d at 1173. The Commission has broad discret"on iii <br />deciding what is in the public interest and may consider a variety of factors in reaching its decision. See <br />Re The If oodlands of Lake Placid ..P.. Docket No... 20030;102 -WS, Order No. PSC -2004-1162 FOP -WS, <br />p. Z (FPSC Nov. 22,2004); In Re.; Petition for approval of plan to bring generating units into compliance. <br />with the Clean ii it & by C< f Power Company;'bocket No.. 19921155-F1, Order No. PSC -1993-1 S7.6-. <br />FOF-Fi, p. I,5 (FPSC Sept. 20, 2003). I Io�vcver, the Commission is not required to resolve the. t4ecr"tc of <br />every issue independently. Sierra:Chib; 243 So.Sd at 913 (citing Citizens, ;146 So.3d at 1153). Rather, a <br />"determination of public intcrest requires a case -specific analysis based on consideration of: thc::proposed <br />settlement taken as a -,i3holc " In re: Petitio"� fbrRrte Increase by.GulfPower Co., Docket No. 20160,186= <br />EI, Order No. PSC 2017-0178-S=E1; 2417 WL 2212M, at *6 (FPSC May 16, 2017). <br />
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