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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, <br />20200070-EI,20200071-E1,20200092-EI <br />PAGE 17 <br />Attachment A <br />a in, that benefits the customers of utilities subject to the Commission's regulatory <br />jurisdiction. Accordingly, the Agreement is in the public interest and should be approved. <br />18. Pursuant to Rule 28-106.204(3), F.A.C., the Parties have conferred with the Florida <br />Industrial Power Users Group. (' FIPU(3"), which was granted 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 Agreement 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.& Light Company, and W almart Inc. jointly and respectfully request that <br />the Florida Public Service Commission expeditiously -approve the Stipulation and Settlement <br />Agreement provided as Attachment Ato this Joint Motion. <br />z FIPUG did not actively participate in discovery or submit any testimony or evidence in opposition to the <br />Gulf or FPL SPPs. In its Prehearing Statement, FIPUG did not take a specific position on any of the issues <br />and, instead, adopted the positions of O1'C, which is a signatoty party to the Stipulation and Settleindiit <br />Agreement provided as Attachment 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 interest. Citizens, 146 So.3d at 1152-54; see also S. Fla. Hasp. & .Healthcare. Assn v. Jaber, <br />887 So.2d 1210, 1212-13 (Fla. 2004) (affirming the Commission's approval of a non -unanimous settlement <br />agreement despite the absence of a full cvidcniiaryhearing), The Florida Supreme Court has explained that <br />"it would be unreasonable to allow a single holdout party that does not get 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 Club, 243 So.3d at 913. <br />
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