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FILED OCT 22, 2015
DOCUMENT NO. 06747-15
FPSC - COMMISSION CLERK
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BEFORE THE
FLORIDA PUBLIC SERVICE COMMISSION
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In the Matter of:
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DOCKET NO. 150185-EI
COMPLAINT BY ERIKA ALVAREZ,
JERRY BUECHLER, AND RICHARD C.
SILVESTRI AGAINST FLORIDA
POWER & LIGHT COMPANY.
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PROCEEDINGS:
COMMISSIONERS
PARTICIPATING:
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COMMISSION CONFERENCE AGENDA
ITEM NO. 3
CHAIRMAN ART
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
GRAHAM
LISA POLAK EDGAR
RONALD A. BRISÉ
JULIE I. BROWN
JIMMY PATRONIS
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DATE:
Tuesday, October 13, 2015
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PLACE:
Betty Easley Conference Center
Room 148
4075 Esplanade Way
Tallahassee, Florida
REPORTED BY:
LINDA BOLES, CRR, RPR
Official FPSC Reporter
(850) 413-6734
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FLORIDA PUBLIC SERVICE COMMISSION
P R O C E E D I N G S
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CHAIRMAN GRAHAM:
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Item No. 8 is a panel, and
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we will come back to that at the end of the agenda.
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So let's go back to Item No. 3.
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MS. CORBARI:
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Kelley Corbari, Commission staff.
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motion to dismiss filed by FPL in Docket 150185-EI,
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complaint of Jerry Beuchler, Erika Alvarez, and Richard
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Silvestri against Florida Power & Light for failing to
Good morning, Commissioners.
Item 3 concerns a
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fairly administer its 2015 residential Solar Pilot
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Rebate Reservation Program.
Staff is recommending that the Commission
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grant FPL's motion to dismiss and dismiss the complaint
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without prejudice because the complaint fails to
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demonstrate a cause of action upon which relief may be
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granted, and that Petitioners be permitted the
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opportunity to amend their complaint, should they choose
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to.
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In addition, staff has an oral modification to
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the close docket language of Issue 2 of staff's
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recommendation to include a time frame which Petitioners
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must file an amended complaint in this docket, should
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they choose.
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Staff modification inserts the following
language at the end of the second sentence of the
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recommendation statement: "within 14 days of the
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issuance of an order dismissing the complaint."
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modification also inserts the same language at the end
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of the first sentence of staff's analysis of Issue 2.
Staff's
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Oral argument was not specifically requested
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by any of the parties; however, Petitioners, Mr. Jerry
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Beuchler and Mr. Richard Silvestri, have asked to
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address the Commission today regarding the complaint.
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Mr. Silvestri is present today on behalf of
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himself and Ms. Alvarez.
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by telephone.
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present today, and staff is available to answer any
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questions.
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Mr. Beuchler is present today
Jessica Cano, counsel for FPL, is also
CHAIRMAN GRAHAM:
Thank you, staff.
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Let's start with the gentleman on the phone.
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Mr. Beuchler, are you with us?
Yes.
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MR. BEUCHLER:
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CHAIRMAN GRAHAM:
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your testimony, please.
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MR. BEUCHLER:
Okay.
Yes, I am.
You have three minutes for
Okay.
Basically, you know,
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this is the Sunshine State, and I just finished mowing
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my lawn with an electric mower, and I'm a retired Miami
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Beach firefighter.
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we responded to -- it wasn't raining, high tide, full
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moon flood events on Miami Beach.
Starting about ten years ago already
I was in Hallandale
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the other day.
There's signs on certain streets near
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the ocean that say, "Warning.
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high tide."
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This street floods during
And I've talked to people, and I know, talking
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to commissioners (phonetic) in Miami Beach, hundreds of
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millions have already been spent raising roads, putting
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in pumps, putting in storm sewer clacker bells.
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we're already paying for climate rise.
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you know, to ignore the possibility of solar roofs --
So
And to ignore,
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like New Jersey, for example, has over 1.5 gigawatts of
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solar energy installed.
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installations.
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and that's New Jersey with a Republican governor, you
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know.
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should be representing the public.
That's over 25,000 rooftop
That's enough to power 241,000 homes,
And this is the Public Service Commission.
You
We -- this is a totally flawed application
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process.
And the first time -- I'm a former runner, I
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ran against Olympians in college, and if this were a
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race, it started seven minutes early the first time, so
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they did the right thing, they did it again, but the
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second time -- I ran hurdles also -- there was four
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stages -- four pages you've got to fill out.
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I got to -- tried to go to the second page, you've got
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to put in some numbers and then you're allowed to go to
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the second page, it was a wall.
Well, when
It was a half an hour
FLORIDA PUBLIC SERVICE COMMISSION
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before I got back into the system.
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too late.
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By that time it was
So the whole application process is totally
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flawed, it's not made fair, it's not made user-friendly.
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It could have been a simple lottery where you mail in
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your package and a number assigned and it's drawn out of
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a barrel.
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stop and discontinue the solar program is disgusting.
And, you know, the fact that you allow FPL to
You know, we are going to be paying more than
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any other state for the cost of sea level rise.
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with our Governor we can't even say sea level rise, we
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can't say climate change, but it's real.
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to my brother the other day from Minnesota.
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in Minnesota, St. Paul, it was six degrees warmer than
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30-year averages for that month.
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warming occurs more in the upper latitudes, from that
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latitude up to Alaska, and it can be seen in melting sea
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ice, and yet we keep our heads in the sand here.
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CHAIRMAN GRAHAM:
I know
I just talked
Last month
So, you know, the
Sir, you've got 30 seconds
left.
Say what?
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MR. BEUCHLER:
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CHAIRMAN GRAHAM:
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MR. BEUCHLER:
You have 30 seconds left.
Okay.
Yeah.
I've got some
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questions for the Commission.
I want to know if it's
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true, some things I've read is that we're being charged
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500 -- up to five -- half a million -- 500 million a
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year to partner with a fracking company in Oklahoma at a
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time when Oklahoma has had over 20 -- 2,100 earthquakes
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this year, and all the geologists say it's related to
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the deep well injection of the wastewater from fracking.
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In the Marcellus Shale, the average fracking well uses
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over 5 million gallons, you know.
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fracking here in Florida, but we also need to get on
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board with clean energy, renewable energy because we are
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paying the price already, and the price will become too
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exorbitant for Florida to afford unless we get on board
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with renewable energy.
So we need to ban
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So, you know, I would encourage the Commission
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to look at renewable portfolio standards like New Jersey
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already has.
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2.5 percent of their energy has to come from renewable
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by the year 2020.
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They have a standard that between
Where we --
CHAIRMAN GRAHAM:
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three minutes is over.
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participation.
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continue the hearing.
Mr. Beuchler, your
We thank you for your time, your
You can continue listening as we
Thank you.
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We have one other speaker, Mr. Silvestri.
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MR. SILVESTRI:
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CHAIRMAN GRAHAM:
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MR. SILVESTRI:
Silvestri.
Silvestri.
Yes, sir.
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CHAIRMAN GRAHAM:
Sir, if I can get you to go
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over to the podium back over there, and you can take
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your paperwork with you.
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MR. SILVESTRI:
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CHAIRMAN GRAHAM:
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MR. SILVESTRI:
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CHAIRMAN GRAHAM:
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MR. SILVESTRI:
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Go to the podium?
Yes, sir.
You have to excuse me.
I was
good.
CHAIRMAN GRAHAM:
That's fine.
I do
appreciate your service, too.
Sir, you will be given three minutes to speak
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To the podium.
a firefighter also for 26 years, and my hearing is not
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Pardon me?
as well.
Mr. Chairman --
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MR. SILVESTRI:
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CHAIRMAN GRAHAM:
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MR. SILVESTRI:
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CHAIRMAN GRAHAM:
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given three minutes to speak as well.
Yes, we can hear you.
-- what was the question?
No.
I said you will be
Oh, I understand.
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MR. SILVESTRI:
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CHAIRMAN GRAHAM:
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MR. SILVESTRI:
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Thank you, Mr. Chairman.
Okay.
All right.
Thank you.
FPL counsel's motion
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to dismiss is based on one thing and one thing only:
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failed to show a cause of action.
We
On the contrary, we
FLORIDA PUBLIC SERVICE COMMISSION
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have listed numerous causes of action for which remedy
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is sought.
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fraud.
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this Commission is party to that fraud.
In one word, the cause of action by FP&L was
If this Commission upholds that motion, then
Due to the time allocated me, I'll list one
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cause of action here now.
FP&L opened the solar rebate
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reservation website on January 14th eight minutes early
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and then shut off the submit now button four minutes
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later, but allowed those that had started to continue to
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submit while everyone else was barred for another
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four minutes.
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That stinks of fraud.
Then the funds ran out one minute later.
Who are the 400-plus applicants who just
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happened to be hanging around the website eight minutes
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early?
Who are they?
What's their connection to FP&L?
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That stinks of fraud.
Yet FP&L refuses to reveal those
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names, and this Commission allows FP&L to deny our
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request for that list; therefore, discovery was denied.
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That denies us due process.
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In addition, this Commission's investigation
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into the complaint we filed consisted only of statements
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by FPL, and this Commission failed to gather further
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information from us, the pleaders, which once again
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stinks of fraud.
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fraud as, A, deceit or trickery, specifically
Merriam-Webster dictionary defines
FLORIDA PUBLIC SERVICE COMMISSION
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intentional perversion of truth in order to induce
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another to part with something of value or to surrender
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a legal right, and an act -- it's also number B or item
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B, an act of deceiving or misrepresenting, a trick.
Civil RICO is just beginning to undergo
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judicial scrutiny.
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camps:
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underlying belief RICO should only apply to gangsters,
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and those who deny motions to dismiss because the
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Judges are generally split into two
Those who dismiss complaints because of an
language of RICO is extremely broad.
We shall see.
The whole purpose of this process is to hide
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the revelation of fraud, knowing the cost to seek
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redress from the courts by us.
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there is a cause of action, and we are certain of that,
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FP&L will have to pay all court costs and costs -- and
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find another opening.
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If the courts determine
We could be entitled to triple damages for the
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cost of solar installation and other monetary damages.
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You Commissioners could be found as accessories to that
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fraud and held personally liable since indemnification
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does not apply to acts of misfeasance or malfeasance
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regarding fraud.
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allowed to continue without remedy, and that you have
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violated the public trust provided in the state
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constitution.
You should have recognized but instead
FLORIDA PUBLIC SERVICE COMMISSION
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In addition, that court ruling would open the
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floodgates to hundreds of other citizens who found
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themselves in our situation but have not come forward
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prior to that future court ruling.
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demonstrated in our complaint, in our supporting
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documents submitted numerous causes of action, and there
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is no other choice but you to deny counsel's request for
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motion to dismiss.
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body for listening to me.
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Therefore, we have
I thank you very much to this august
CHAIRMAN GRAHAM:
Thank you, sir.
Thank you
for your testimony.
MR. SILVESTRI:
Do I sit down back where I was
or do I just go back?
Back to the back.
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CHAIRMAN GRAHAM:
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MR. SILVESTRI:
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CHAIRMAN GRAHAM:
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Okay.
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COMMISSIONER EDGAR:
Thank you.
Thank you.
Commissioners?
Commissioner Edgar.
Thank you, Mr. Chairman.
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This is FPL's motion, so I would like to hear from them,
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if we may.
Are you sure?
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CHAIRMAN GRAHAM:
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COMMISSIONER EDGAR:
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CHAIRMAN GRAHAM:
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MS. CANO:
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I'm sure.
Florida Power & Light.
Good morning, Chairman and
Commissioners.
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FPL has acknowledged that during its two
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residential PV rebate launches there were technical
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difficulties with its website.
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have failed to state a cause of action for which relief
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could be granted by this Commission.
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allegations in the complaint of acts or omissions by FPL
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that would constitute violations of FEECA or the 2014
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DSM goals order, if proven.
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to dismiss should be granted consistent with staff's
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recommendation.
Nonetheless, Petitioners
There are no
Accordingly, FPL's motion
Thank you.
CHAIRMAN GRAHAM:
Okay.
Commissioners, any
questions of staff, any of the private citizens, or FPL?
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I'll entertain a motion.
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COMMISSIONER EDGAR:
Commissioner Edgar.
Thank you, Mr. Chairman.
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Due to your kindness, grace, I'm not sure what word to
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use, I am the Prehearing Officer on this case, so I have
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been familiar with it for quite a while and had the
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opportunity prior to the item coming before us to review
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some of the preliminary requests and information.
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certainly clear from the comments that we've heard from
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the two customers today, and it was also very clear to
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me on the preliminary information filed, that their
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frustration with the process is quite clear, is quite
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real, and I believe there is some basis for that.
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has acknowledged that apparently there were some
FLORIDA PUBLIC SERVICE COMMISSION
It's
FPL
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problems.
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implementing and processing new programs and the
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dependence on new technologies.
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intermittent Internet service at my house, which I find
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frustrating on an almost daily basis.
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nothing that has been submitted to us or in my
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discussions with staff that seems to go -- that appears
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to go beyond that fact of technological difficulties and
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the attempt to remedy them in the best way possible at
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Unfortunately, problems do occur with
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I still have
However, there is
the time.
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So with all of that in mind, I would move that
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we approve the staff recommendation, recognizing that it
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is without prejudice, and that if the complainants want
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to continue to pursue this, we certainly would be open
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to additional information within the time frames
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included in the item.
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COMMISSIONER BROWN:
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CHAIRMAN GRAHAM:
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seconded.
Second.
It's been moved and
Any further discussion?
I have to chime in here a little.
I remember
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when this happened.
I know the newspapers covered it.
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And it was unfortunate.
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recognized that there was a mistake made, and a week
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later they attempted to remedy the mistake and offer
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another $4 million, I think it was.
And I know the company
And there was
FLORIDA PUBLIC SERVICE COMMISSION
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computer -- a computer glitch there as well.
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to say -- and I heard somebody give the analogy the
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other day, there's such limited funds that's there that
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everybody is trying to get on the computer at the same
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time and it gets overwhelmed.
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trying to go to Ticketmaster and trying to get the
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ticket, and some people get through and some people are
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able to take advantage of it and some people do not.
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And I think this is a scenario where even though there
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were glitches, that this is -- this is something that
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was out there that's not guaranteed to everybody and
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it's -- I don't think there's anything that the utility
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did on purpose to -- for this to happen, and I applaud
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them for coming back yet the second time for trying to
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remedy the problem.
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But I have
And it's almost like
That being said, we are not closing the door
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on this issue.
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applicants, they can come and file again or do whatever
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legal ramification they want to go from this point.
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This is without prejudice, so the
So that all being said, we have a motion and
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it's been seconded.
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discussion, all in favor, say aye.
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(Vote taken.)
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Any opposed?
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And if there's no further
By your action, you've approved
the staff recommendation on Item No. 3.
Thank you very
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much.
(Agenda item concluded.)
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FLORIDA PUBLIC SERVICE COMMISSION
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STATE OF FLORIDA
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COUNTY OF LEON
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CERTIFICATE OF REPORTER
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I, LINDA BOLES, CRR, RPR, Official Commission
Reporter, do hereby certify that the foregoing
proceeding was heard at the time and place herein
stated.
IT IS FURTHER CERTIFIED that I
stenographically reported the said proceedings; that the
same has been transcribed under my direct supervision;
and that this transcript constitutes a true
transcription of my notes of said proceedings.
I FURTHER CERTIFY that I am not a relative,
employee, attorney or counsel of any of the parties, nor
am I a relative or employee of any of the parties'
attorney or counsel connected with the action, nor am I
financially interested in the action.
DATED THIS 22nd day of October, 2015.
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__________________________________
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LINDA BOLES, CRR, RPR
FPSC Official Hearings Reporter
(850) 413-6734
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FLORIDA PUBLIC SERVICE COMMISSION
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