_B4Agenda Item No:B.4
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Thomas Pepe
Submitting Department: City Attorney
Item Type: Resolution
Agenda Section: ADD-ON ITEM(S)
Subject:
A resolution of the City of South Miami, Florida, supporting the Sierra Club’s opposition to Florida Power & Light
Company’s (FPL)’s application for the location, construction, and operation of a gas-burning power plant in
Dania Beach and authorizing the Mayor to testify in support of the Sierra Club.
Suggested Action:
This is an add on for the agenda tonight sponsored by the Mayor.
Attachments:
Reso - Supporting Sierra Club.doc
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RESOLUTION NO. _________________1
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A resolution of the City of South Miami, Florida,supporting the Sierra 3
Club’s opposition to Florida Power & Light Company’s (FPL)’s application 4
for the location, construction, and operation of a gas-burning power plant in5
Dania Beach and authorizing the Mayor to testify in support of the Sierra 6
Club’s proceedings.7
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WHEREAS, recognizing the harm to the climate and South Florida’s future caused by 9
the burning of fossil carbon-based fuels, the City of South Miami pledged to become carbon 10
neutral by 2030in resolution #23-09-12832, approved on Feb 3, 2009; and11
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WHEREAS, Florida Power & Light Company’s (FPL) has filed an application for the 13
location, construction, and operation of a gas-burning power plant in Dania Beach (“Dania14
Beach Energy Center” or “DBEC”); and15
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WHEREAS,the proceeding is governed by the Florida Electrical Power Plant Siting Act 17
(“Siting Act”), §§ 403.501-403.518, Fla. Stat.; and18
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WHEREAS,the parties to the proceedings are FPL, the Department of Environmental 20
Protection (“DEP”), and Sierra Club; and21
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WHEREAS,the Administrative Law Judgeassigned to the hearingscheduled the 23
evidentiary hearing from May 15-18, 2018,in Davie, Florida; and24
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WHEREAS,it is reasonable to conclude that if DBEC were approved, without 26
conditions, the forty years of greenhouse gas pollution from FPL building and operating DBEC 27
could in all likelihood injure the City of South Miami and its residents,families,and businesses; 28
and29
WHEREAS,the Sierra Club, as a party to theproceedings, is advocating for the denial 30
of the application and, in the alternative, that conditions to be placed on the approval of FPL’s 31
application; and32
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WHEREAS,the Sierra Clubwould like to enlist the support of the Mayor and the City 34
Commissionand the testimony of the Mayor; and 35
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WHEREAS,to forestall the potentialinjuryto the people who live and work in South 37
Miami,the Mayor desires to advocate for appropriate conditionsto be placed on the approval of 38
the application, or that DBEC bedenied absent such conditions; and39
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WHEREAS,FPLintends to build gas-burning power plants known as “peakers”to meet 41
peak demand in South Florida, and it will cause significant harms to South Miami due to FPL’s 42
failure to investigate alternatives to those peakers; and43
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WHEREAS,the precedent of this casecould have serious consequences beyond this 45
particular application and unless reversed, it signals that FPL can continue building gas-burning 46
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plants, even if they are not the least-cost alternative, and avoid the rigorous prudency review 1
established by the Legislature for public protection; and2
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WHEREAS,the Public Service Commission has already approved a proposal that 4
exempts FPL from having to perform a routine market study of alternatives to yet another gas-5
burning plant replacement in Dania Beach; and6
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WHEREAS,regulators have approvedFPL’s administrative shortcut on the Broward 8
plant, (Miami Herald, July 13, 2017, available at 9
http://www.miamiherald.com/news/business/article161184638.html)In re: Fla.Power & Light 10
Co.’s Petition to Request Exemption Under Rule 25-22.082(18),F.A.C.,from Issuing a Request 11
for Proposals for the Modernization of the Lauderdale Plant, Docket No. 20170122,12
http://www.psc.state.fl.us/ClerkOffice/DocketFiling?docket=20170122.13
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 15
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDATHAT:16
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Section 1. The City of South Miami supports the Sierra Club’s efforts to oppose FPL’s 18
application for the location, construction, and operation of a gas-burning power plant in Dania 19
Beach (“Dania Beach Energy Center” or “DBEC”). The Mayor is hereby authorized, in his 20
official capacity as Mayor of the City of South Miami, to oppose the application and to testify on 21
behalf of the Sierra Club’s opposition to the application.22
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Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for 24
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 25
not affect the validity of the remaining portions of this resolution.26
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Section 3. Effective Date. This resolution shall become effective immediately upon 28
adoption.29
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PASSED AND ADOPTED this____ day of _____________, 2018.31
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ATTEST:APPROVED:33
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___________________________________________35
CITY CLERK MAYOR36
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:38
LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard:39
EXECUTION THEREOF Vice Mayor Harris:40
Commissioner Welsh:41
Commissioner Liebman:42
_______________________Commissioner Gil:43
CITY ATTORNEY44
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