_add-on b)Add-on b)
Sponsored by: Mayor Stoddard
City Commission Meeting: 04-18-17
Page 1 of 2
RESOLUTION NO. __________ 1
2
A Resolution authorizing the Mayor to draft and file an amicus curiae brief 3
in support of Sierra Club's appeal of an order of the Florida Public Services 4
Commission authorizing a rate increase for Florida Power and Light based 5
on the company’s $1.25 billion acquisition of an all-gas fleet of power plants 6
commenced without due evaluation of the cost-effectiveness of non-carbon 7
emitting central-solar/battery technology. 8
9
WHEREAS, Florida Power and Light, Co. (FPL) commenced the $1.25 billion 10
acquisition of an all-gas fleet of power plants without due evaluation of central-solar/battery 11
technology that, FPL admits could meet some or all of the same customer need at the same or 12
less cost than the all-gas fleet; and 13
14
WHEREAS, the Sierra Club has filed an appeal with Florida’s Supreme Court 15
questioning the prudence of the decision by the Florida Public Service Commission (FPSC) to 16
allow FPL to increase its rates and charge its customers for the $1.25 billion acquisition of fossil-17
fuel burning plants, which the FPSC never determined to be the prudent, least-cost option to 18
serve customers; and 19
20
WHEREAS, the City of South Miami is committed to promotion of renewable energy to 21
combat climate change; and 22
23
WHEREAS, an amicus curiae brief is a "friend of the court" brief; and 24
25
WHEREAS, the Mills Law Firm has offered to work pro bono with South Miami Mayor 26
Stoddard to research, write, and file an amicus curiae brief on behalf of the City of South Miami 27
in support of Sierra Club’s appeal; and 28
29
WHEREAS, the City will incur no financial expense or staff commitment in the 30
production or filing of this amicus curiae brief; and 31
32
WHEREAS, Miami-Dade County has filed a resolution with the Florida PSC in 33
opposition to FPL’s rate increase that covers the cost of these new gas-power plants. 34
35
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 36
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 37
38
Section 1.
43
The City Commission hereby authorizes Mayor Stoddard to work with the 39
Mills Law Firm in the production and filing of an amicus curiae brief on behalf of the City of 40
South Miami in support of Sierra Club’s appeal with Florida’s Supreme Court, Case Number: 41
SC17-82 - SIERRA CLUB vs. JULIE IMANUEL BROWN, ETC., ET AL. 42
Section 2. If any section clause, sentence, or phrase of this resolution is for any 44
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 45
affect the validity of the remaining portions of this resolution. 46
Page 2 of 2
1
Section 3.
3
This resolution shall take effect immediately upon adoption. 2
PASSED AND ADOPTED this th
5
day of , 2017. 4
ATTEST: APPROVED: 6
7
_________________________ ___________________________ 8
CITY CLERK MAYOR 9
10
READ AND APPROVED AS TO FORM, COMMISSION VOTE 11
LANGUAGE, LEGALITY, Mayor Stoddard: 12
AND EXECUTION THEREOF: Vice Mayor Welsh: 13
Commissioner Edmond: 14
Commissioner Harris: 15
Commissioner Liebman: 16
17
____________________________ 18
CITY ATTORNEY 19
20
4/14/17, 3:48 PMFlorida Supreme Court Case Docket
Page 1 of 2http://jweb.flcourts.org/pls/docket/ds_docket?p_caseyear=2017&p_casenumber=82&psCourt=FSC&psSearchType=
Florida Supreme Court Docket
Case Docket
Case Number: SC17-82 - Active
SIERRA CLUB vs. JULIE IMANUEL BROWN, ETC., ET AL.
Lower Tribunal Case(s): 160021-EI, 160061-EI, 160062-EI, 160088-EI
Right-click to copy shortcut directly to this page
List of Abbreviations Printer Friendly View
Doc.
Date
Docketed Description Filed By Notes
01/20/2017 NOTICE-APPEAL (PSC)AA Sierra Club BY: AA Diana A. Csank
01/20/2017 ACKNOWLEDGMENT
LETTER PAY FEE-NEW CASE
Supreme Court Florida FSC BY: Supreme Court
Florida FSC
01/20/2017 ORDER-COUNSEL PRO HAC
VICE (FOREIGN COUNSEL)
Any attorney involved in the above case who is not a
member of The Florida Bar should immediately file a
proper motion pursuant to Florida Rule of Judicial
Administration 2.510, if they wish to have this Court
consider them as counsel of record. Failure to file a proper
motion could result in the imposition of sanctions,
including striking the pleading listing the foreign attorney
as counsel of record.
01/20/2017 NOTICE-APPEAL (PSC)AA Sierra Club BY: AA Diana A. Csank **UNCERTIFIED COPY**
01/27/2017 MOTION-COUNS PRO HAC
VICE (FOREIGN COUNSEL)
AA Sierra Club BY: AA Diana A. Csank FILED AS "VERIFIED MOTION FOR ADMISSION TO
APPEAR PRO HAC VICE PURSUANT TO FLORIDA
RULE OF JUDICIAL ADMINISTRATION 2.510"
01/27/2017 MISC. DOCKET ENTRY AA Sierra Club BY: AA Joshua Douglas Smith
96844
FILED AS "DIRECTIONS TO CLERK" (STYLED "IN
THE FLORIDA PUBLIC SERVICE COMMISSION"
01/30/2017 Fee Paid Through Portal
01/30/2017 ORDER-COUNSEL PRO HAC
VICE GR (FOREIGN
COUNSEL)
The motion to appear pro hac vice filed in the above cause
by Diana Agnes Csank, on behalf of Sierra Club, is
hereby granted contingent upon counsel's payment of the
$100.00 fee required by section 25.241(2)(a), Florida
Statutes (2015), within ten days from the date of this
order. FAILURE TO TIMELY COMPLY WITH THE
PAYMENT REQUIREMENT COULD RESULT IN
THIS ORDER BEING VACATED AND THE MOTION
BEING DENIED.
02/03/2017 Pro Hac Vice 2017 - 1027568 Amount: $100
02/06/2017 MISC. DOCKET ENTRY AE Florida Public Service Commission PSC
BY: RS Rosanne Gervasi 1848
FILED AS "APPELLEE FLORIDA PUBLIC SERVICE
COMMISSION'S SUPPLEMENTAL DIRECTIONS TO
THE CLERK OF THE FLORIDA PUBLIC SERVICE
COMMISSION"
02/06/2017 MISC. DOCKET ENTRY AE Florida Power & Light Company FPL BY:
RS John T. Butler 283479
FILED AS "FLORIDA POWER & LIGHT COMPANY'S
DIRECTIONS TO CLERK"
03/08/2017 MOTION-STRIKE AE Florida Power & Light Company FPL BY:FILED AS "FLORIDA POWER & LIGHT COMPANY'S
':[:"'.\
COMMISSIONERS:
JULIE I. BROWN, CHAIRMAN
ART GRAHAM
RONALD A. BrusE
JIMMY PATRONIS
DONALDJ. POLMANN
STATE OF FLORIDA
OFFICE OF COMMISSION CLERK
CARLOTIAS. STAUFFER
COMMISSION CLERK
(850) 413-6770
Public Service Commission
John A. Tomasino, Clerk
Florida Supreme Court
500 South Duval Street
Tallahassee, Florida 32399
January 18, 2017
Re: Sierra Club vs. Florida Public Service Commission PSC Docket No. 160021-EI
Dear Mr. Tomasino:
Enclosed please find a certified copy of a Notice of Administrative Appeal, which was filed with
~ th Public Service Commission on January 17,2017, along with its attachment, Order No.
oP C-16-0560-AS-EI. This appeal was filed on behalf of the Sierra Club.
o
~ ~P ase do not hesitate to contact me should you have any questions concerning this matter .
. ~
.11)
~~ Sincerely,
~~$.11-~
CSS:amc
Enclosure
cc: Diana A. Csank, Staff Attorney
Joshua Smith, Staff Attorney
Samantha Cibula, General Counsel
Suzanne Brownless, Senior Attorney
Carlotta S. Stauffer
Commission Clerk
Charles J. Rehwinkel, Deputy Public Counsel
J.R. Kelly, Public Counsel
Patricia Christensen, Esquire
Erik Sayler, Esquire
Stephanie Morse, Esquire
Kenneth Hoffman
Wade Litchfield, Vice President and General Counsel
John T. Butler, Assistant General Counsel-Regulatory
CAPITAL CIRCLE OFFICE CENTER. 2540 SHUMARD OAK BOULEVARD. TALLAHASSEE, FL 32399-0850
An Affirmative Action / Equal Opportunity Employer
PSC Website: http://www.f1oridapsc.comInternet E-mail: contact@psc.state.f1.us
4/14/17, 3:49 PMNextEra on Storage: ‘Post 2020, There May Never Be Another Peaker Built in the US’ | Greentech Media
Page 1 of 3https://www.greentechmedia.com/articles/read/NextEra-on-Storage-Post-2020-There-May-Never-be-Another-Peaker-Built-in-t
ENERGY STORAGE
Energy storage just got a big
vote of confidence from one of
the world’s largest utilities.
by Eric Wesoff
(https://www.greentechmedia.com/authors/Eric+Wesoff)
September 30, 2015
NextEra on Storage: ‘Post 2020, There May Never Be Another
Peaker Built in the US’
Energy storage at utility scale just got a $100M vote of confidence from one of the
world's largest utilities.
NextEra Energy (http://www.NextEraEnergy.com) wants to be "the largest, most
profitable clean energy provider in the United States," according to Jim Robo, CEO of
the utility giant, at an analyst conference at Wolfe Research in New York on Tuesday.
(Here's a link to audio (https://cc.talkpoint.com/wolf001/092915a_ae/?
entity=8_60XJS0S) from the event.)
But Robo also said, "We're starting to make very good progress in our energy storage
business," noting that energy storage is one of "three growth platforms" at NextEra.
When a player like NextEra Energy, a Fortune 200 firm with utility revenues of $17
billion and 44,900 megawatts of generating capacity, starts to tout energy storage, the
utility industry and the renewables industry take notice. “Battery storage is the holy
grail of the renewables business,” said the CEO, adding, “If we can deliver firm power
to renewable customers at a cost-effective rate, you’ll see renewables explode even
faster than they already are.”
4/14/17, 3:49 PMNextEra on Storage: ‘Post 2020, There May Never Be Another Peaker Built in the US’ | Greentech Media
Page 2 of 3https://www.greentechmedia.com/articles/read/NextEra-on-Storage-Post-2020-There-May-Never-be-Another-Peaker-Built-in-t
“This has the potential to be an extremely big
market"
According to the CEO, "We're going to deploy probably $100 million in [energy storage]
projects in the next 12 months in places like PJM, California and Arizona."
These projects will mostly be for frequency regulation, but there's also a 4-hour project
being deployed next year and an R&D project with storage "deployed at substations to
drive reliability." Robo noted that energy storage "isn't going to be just to firm
renewables." He suggested it will be used in a variety of applications such as
"reliability purposes and transmission avoidance."
Robo said that he and his team expect energy storage prices to experience a similar
cost plunge to that of solar costs over the last seven years. If that happens, energy
storage will be competitive with gas peaker plants.
Robo said, "Post-2020, there may never be another peaker built in the United States --
very likely you'll be just building energy storage instead."
"It is a great time to be in the renewables business," said Robo, adding that he also
believes the wind production tax credit will be extended.
NextEra is one of the leading producers of wind and solar power in the world. So, it's
worth noting when NextEra's CEO says, "I want to be the leader in energy storage in the
country."
Eric
Wesoff
Editor-at-
Large
Greentech
Media
Eric Wesoff is Editor-at-Large at
Greentech Media. Prior to joining
GTM, Eric Wesoff founded Sage
Marketing Partners in 2000 to
provide sales and marketing-
consulting services to venture-
capital firms and their portfolio
companies in the alternative
energy and telecommunications