August 24, 2005
FPL intervention powers candidate Crist for 2006
If the Public Service Commission approves the proposed settlement with Florida Power & Light, the utility's customers will know one thing: There will be no increase in the company's basic rate until after the 2006 election for governor.
The timing matters because groups that had opposed FPL's request for another $430 million a year credit the settlement to Florida Attorney General Charlie Crist. His office intervened 18 days before hearings were to begin Monday. Mr. Crist is running for governor next year, and while the settlement would delay any basic-rate increase until January 2007, what happens after that is less certain.
Terms of the settlement call for FPL not to raise the basic rate, which finances the cost of producing and delivering electricity and makes up 44 percent of the average monthly bill, between January 2006 and December 2009. But there are exceptions. FPL can ask for a basic-rate increase if the company's after-tax profit falls below 10 percent over a 12-month period. FPL also can ask to raise the basic rate when a new generating plant is approved or begins operating, and the utility plans to start operating a Miami-Dade plant early in 2007. FPL also will seek approval soon for two plants in Palm Beach County and another in St. Lucie.
Nor does the settlement affect the $3.49 monthly fuel-price surcharge that FPL got in November or the request for a second fuel surcharge that the utility expects to file next month. Customers also will keep paying the monthly hurricane-repair surcharge that has been in effect for most of the year, though the amount will drop slightly next month to $1.68. FPL, though, will continue to return any excess profits to customers under the existing rate agreement.
So it's much too early to tell how much this settlement, worked out over last weekend with Solicitor General Christopher Kise leading the effort for Mr. Crist's office, will benefit customers. Just a few weeks ago, for example, the Office of Public Counsel had advocated a nearly $700 million cut in the basic rate. In essence, this settlement still allows FPL to ask for what it wanted, but the utility must do so in stages, rather than at one time.
The settlement makes Gov. Bush's looming appointments of three PSC commissioners all the more important. And the settlement allows candidate Charlie Crist to say that he stopped a rate increase for FPL customers.
Posted by Opinion staff at August 24, 2005 8:10 AMUnfortunately, things are not so rosy for Charlie Crist. His postponement and favorable FP&L power plant charges in exchange will cost the public more than the four POSTPONEMENT of the base rate increase. And then, as the St Pete Times Lou Hau got a "tip" about a dismissal of the SEARUC complaint for September 1 2005, crist has a week of short lived glory.
In 2004, after the ethics Commission found probable cause for the SEARUC convention complaint to go to Division of Administrative Hearings, the Attorney general's office and Ethics Comission director Williams postponed for NIN MONTHS the deferral to the DOAH judicial trial. Only after the media got wind did the AG's office refer it in February 2005. But the PSC bill had a Rep Attkinson sponsor an ammendment that made it LEGAL to go to a convention sponsored by the phone or electric Industry for commissioners. thereby INVALIDATING the SEARUC complaint filed by Common Cause ex director.
What we did not know, is after the smoke cleared from the May 2005 story, AG's office allowed Mr herron of the PSC Commissioners to release jurisdiction back to the Ethics Commission to dismiss the complaint.
This would not be so troubling, if not for another "favor" the Attorney general's office did under Mr. Petersen and Ethics COmmission director Bonnie Williams. Lila Jaber's 2002 filed ethics Commission complaint had FOUR pages of complaints OMITTED before an Ethics Commission panel review in January 2004. The report with the ommissions was THREE WEEEKS after the florida Bar compalint filed against harold McLean for the same subject matter. And identical to the ex PSX water whistleblower depositions and lawsuits that occurred five months later.
What the evidence eludes to, is that Charlie crist's Ag's office, while attempting to represent the people of Florida, quietly circumvented the process of legal review of actions by fellow Commissioners. this is disturbing.
I have no doubt that if the DOAH hearing were allowed to continue, that two Commissioners Bradley and Deason would not be found guilty. They did not plan SEARUC nor had budget meetings, as McLean, then general Counsel, had with Lila Jaber and Braulio Baez. Only Baez and Jaber perjured themselves in affidavits. As over 80 new pieces of evidence were included in the SEARUC report I did for state Congress and Lindsey Bogan and Ethics Commission investigators. A sunshine Law records request over five years of emails I personally read to get to the truth.
As we wait and see what favors Charlie Crist's office have on justice for citizens in Florida with staff rec drafts being changed before hearings, Harold Mclean, now OPC chief might join Charlie Crist with egg on his face. there are water whistleblower lawsuits that tom Gallagher's office is defending. And the financial and moral costs would be less for Florida if Charlie crist's Ag office weren't so busy excluding evidence and postponing the TRUTH.
Posted by: Peggy arvanitas at August 25, 2005 11:41 AM
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