Florida Utility, Consumer Advocate Reach Deal on Irma Costs
The agreement between FPL and the state Office of Public Counsel was filed five days before the scheduled start of a hearing at the Florida Public Service Commission to scrutinize the costs.
June 07, 2019 at 02:41 PM
4 minute read
Florida Power & Light and the state advocate for utility customers have reached agreement on about $1.3 billion in costs to restore electricity after Hurricane Irma, and on a system to better track expenses when major storms hit in the future.
The agreement between FPL and the state Office of Public Counsel was filed Thursday, five days before the scheduled start of a hearing at the Florida Public Service Commission to scrutinize the costs. Two business groups that are part of the case — the Florida Retail Federation and the Florida Industrial Power Users Group — had not signed onto the agreement Thursday, though it was not immediately clear how that could affect the commission's handling of the settlement.
FPL says it spent about $1.4 billion to restore electricity after massive Hurricane Irma blew through the state in 2017. But in filings as recent as late May, the Office of Public Counsel and the business groups questioned hundreds of millions of dollars in costs. The agreement includes $50 million in adjustments to accounting for expenses.
“Considered as a whole, the agreement fairly and reasonably balances the interests of FPL's customers and FPL,” the utility and Office of Public Counsel said in a motion Thursday asking the commission to approve the settlement. “Approving the agreement is consistent with the commission's long-standing policy of encouraging the settlement of contested proceedings in a manner that benefits the customers of utilities subject to the commission's regulatory jurisdiction. Accordingly, OPC (the Office of Public Counsel) and FPL submit that the agreement is in the public interest, and respectfully request that the commission review and approve the agreement in its entirety and without modification.”
Utilities in the past have typically been allowed to recoup storm-restoration costs from customers through tacking on extra charges to monthly electric bills. But the utilities also have to go before the Public Service Commission to justify the details of the costs.
The situation with FPL and its Irma costs is different because the utility decided to use savings from a 2017 federal tax overhaul to cover the Irma restoration costs, rather than adding charges to customers' monthly bills. The Public Service Commission last month signed off on FPL's decision.
Nevertheless, the commission still needed to review the expenses, with the hearing scheduled to start Tuesday. Part of the complexity of tracking expenses is that utilities bring in large numbers of crews from other states to help restore power after major storms.
Adding to the difficulty are questions about whether utility operating expenses should be included in the hurricane-restoration costs, or whether they are expenses that should be recouped through ordinary rates.
The settlement includes a series of steps aimed at better tracking expenses and establishing guidelines for expenses of outside contractors. As an example, FPL this year will start using a smart-phone app for recording time and expenses of crews and will expand the app's uses in 2020.
“Importantly, while the financial issues addressed by the agreement are premised upon issues raised during the litigation of this matter, the process issues, not part of the litigation, have been added to the agreement in an effort to facilitate more efficient storm cost recovery proceedings in the future,” the motion for approval of the settlement said.
Hurricane Irma, which made initial landfall in the Florida Keys and then barreled up the state, knocked out power to more than 4.4 million FPL customers, according to the settlement. The utility used workers from 30 states and Canada to restore electricity.
In a statement late Thursday, the utility said the settlement “affirms that FPL never loses sight of our responsibility to operate efficiently while executing an aggressive and rapid response to a major hurricane. In line with the company's culture of continuous improvement, the agreement also highlights FPL's commitment to rolling out new, advanced technology to better track storm costs in a way that provides more transparency and facilitates more efficient regulatory reviews in the future.”
Jim Saunders reports for the News Service of Florida.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllNo Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
5 minute readHolland & Knight Hires Former Davis Wright Tremaine Managing Partner in Seattle
3 minute readMiami’s Arbitration Week Aims To Cement City’s Status as Dispute Destination
3 minute readThe Inflation Reduction Act: Evaluating Its Impact on Renewable Energy Producers and Analyzing Emerging Needs
Trending Stories
- 1Is It Time for Large UK Law Firms to Begin Taking Private Equity Investment?
- 2Federal Judge Pauses Trump Funding Freeze as Democratic AGs Launch Defensive Measure
- 3Class Action Litigator Tapped to Lead Shook, Hardy & Bacon's Houston Office
- 4Arizona Supreme Court Presses Pause on KPMG's Bid to Deliver Legal Services
- 5Bill Would Consolidate Antitrust Enforcement Under DOJ
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250