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Res No 085-18-15118RESOLUTION NO. 085-18-15118 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's proceedings. WHEREAS, recognizing the hann to the climate and South Florida's future caused by the burning of fossil carbon-based fuels, the City of South Miami pledged to become carbon neutral by 2030 in resolution #23-09-12832, approved on Feb 3, 2009; and WHEREAS, Florida Power & Light Company's (FPL) has filed an application for the location, construction, and operation of a gas-burning power plant in Dania Beach ("Dania Beach Energy Center" or "DBEC"); and WHEREAS, the proceeding is governed by the Florida Electrical Power Plant Siting Act ("Siting Act"), §§ 403.501-403.518, Fla. Stat.; and WHEREAS, the parties to the proceedings are FPL, the Department of Environmental Protection ("DEP"), and Sierra Club; and WHEREAS, the Administrative Law Judge assigned to the hearing scheduled the evidentiary hearing from May 15-18,2018, in Davie, Florida; and WHEREAS, it is reasonable to conclude that if DBEC were approved, without conditions, the forty years of greenhouse gas pollution from FPL building and operating DBEC could in all likelihood injure the City of South Miami and its residents, families, and businesses; and WHEREAS, the Sierra Club, as a party to the proceedings, is advocating for the denial of the application and, in the alternative, that conditions to be placed on the approval of FPL's application; and WHEREAS, the Sierra Club would like to enlist the support of the Mayor and the City Commission and the testimony of the Mayor; and WHEREAS, to forestall the potential injury to the people who live and work in South Miami, the Mayor desires to advocate for appropriate conditions to be placed on the approval of the application, or that DBEC be denied absent such conditions; and WHEREAS, FPL intends to build gas-burning power plants known as "peakers" to meet peak demand in South Florida, and it will cause significant hanns to South Miami due to FPL's failure to investigate alternatives to those peakers; and WHEREAS, the precedent of this case could have serious consequences beyond this particular application and unless reversed, it signals that FPL can continue building gas-burning Res. No. 085-18-15118 plants, even if they are not the least-cost alternative, and avoid the rigorous prudency review established by the Legislature for public protection; and WHEREAS, the Public Service Commission has already approved a proposal that exempts FPL from having to perform a routine market study of alternatives to yet another gas- burning plant replacement in Dania Beach; and WHEREAS, regulators have approved FPL's administrative shortcut on the Broward plant, (Miami Herald, July 13,2017, available at http://w-ww.mianliherald.com/news/business/articie 161184638.html) In re: Fla. Power & Light Co.'s Petition to Request Exemption Under Rule 25-22.082(18), F.A.C., from Issuing a Request for Proposals for the Modernization of the Lauderdale Plant, Docket No. 20170122, http://www.psc.state.flus/ClerkOftice/DocketFiling?docket=20 17012'). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City of South Miami supports the Sierra Club's efforts to oppose FPL' s application for the location, construction, and operation of a gas-burning power plant in Dania Beach ("Dania Beach Energy Center" or "DBEC"). The Mayor is hereby authorized, in his official capacity as Mayor of the City of South Miami, to oppose the application and to testify on behalf of the Sierra Club's opposition to the application. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 1 st day of_M_a'-"y'---__ , 2018. ED AS TO FORM, XECUTION Page2of2 COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea