|
Florida Rising, Inc., et al., Appellant(s) v. Florida Public Service Commission, et al., Appellee(s)
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SC2024-0485
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2024-04-03
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Open
|
|
| Classification |
Mandatory Review - Notice of Appeal - Public Service Commission
|
| Court |
Supreme Court of Florida
|
| Originating Court |
State Agency
20210015-EI
|
Parties
| Name |
FLORIDA RISING, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bradley Ian Brustman Marshall, Jordan Alexander Luebkemann
|
|
| Name |
ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LULAC FLORIDA EDUCATIONAL FUND INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Office of Public Counsel
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles John Rehwinkel, Patricia Ann Christensen, Anastacia Eileen Pirrello, Walt L Trierweiler
|
|
| Name |
Florida Industrial Power Users Group
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Karen Ann Putnal, Jon Cameron Moyle, Jr.
|
|
| Name |
FLORIDA POWER & LIGHT COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rulon Wade Litchfield, John Todd Burnett, Russell Arther Badders, Maria Jose Moncada, Joel Thomas Baker, Kenneth Alan Hoffman, Stuart Harold Singer, Pascual Armando Oliu, Jason Brent Gonzalez, Amber Stoner Nunnally, Daniel Elden Nordby, Alyssa Lynn Cory, Elise Marie Engle
|
|
| Name |
Southern Alliance For Clean Energy
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
George Steve Cavros
|
|
| Name |
WALMART INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Stephanie Underwood Eaton
|
|
| Name |
VOTE SOLAR, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA RETAIL FEDERATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL LARSON, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathan Andrew Skop
|
|
| Name |
Alexandria Larson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Florida Internet & Television Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Floyd Robert Self
|
|
| Name |
THE CLEO INSTITUTE INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William Clark Garner
|
|
| Name |
FLORIDIANS AGAINST INCREASED RATES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Scheffel Wright, John Thomas LaVia, III
|
|
| Name |
Adam Jared Teitzman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Florida Public Service Commission
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Suzanne Smith Brownless, Shaw Philip Stiller, Bianca Yva Faustin Lherisson, Jennifer Susan Crawford, Samantha M Cibula, Susan Sapoznikoff, Douglas Derek Sunshine, Keith Hetrick, Caroline Grace Dike
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Docket Entries
| Docket Date |
2024-09-05
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| Type |
Order
|
| Subtype |
OA Schedule
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| Description |
***Corrected : Service list corrected 9/5/2024.*** The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday, October 8, 2024. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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| View |
View File
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| Docket Date |
2024-07-01
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| Type |
Brief
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| Subtype |
Reply-Merit
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| Description |
Reply Brief
|
| On Behalf Of |
Florida Rising, Inc.
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| View |
View File
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|
| Docket Date |
2024-06-10
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| Type |
Brief
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| Subtype |
Answer-Merit
|
| Description |
Answer Brief of Appellee Florida Public Service Commission
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| On Behalf Of |
Florida Public Service Commission
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| View |
View File
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|
| Docket Date |
2024-05-28
|
| Type |
Motion (SC)
|
| Subtype |
Request-Oral Argument
|
| Description |
Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Request for Oral Argument
|
| On Behalf Of |
Florida Rising, Inc.
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| View |
View File
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|
| Docket Date |
2024-05-18
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| Type |
Brief
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| Subtype |
Appendix-Merit
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| Description |
Appendix to Florida Rising Inc.'s Environmental Confederation of Southeast Florida Inc.'s, and LULAC Florida Educational Fund, Inc.'s Initial Brief
|
| On Behalf Of |
Florida Rising, Inc.
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| View |
View File
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| Docket Date |
2024-04-24
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| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
Record on Appeal - Volume 1 (pages 1-10197) (Filed electronically)
|
| On Behalf Of |
Adam Jared Teitzman
|
|
| Docket Date |
2024-04-24
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| Type |
Notice
|
| Subtype |
Confidential Information
|
| Description |
Notice of Confidential Information
|
| On Behalf Of |
Adam Jared Teitzman
|
|
| Docket Date |
2024-04-08
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| Type |
Motion
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| Subtype |
Expedite
|
| Description |
Appellee Florida Power & Light Company's Unopposed Motion to Expedite Review
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| On Behalf Of |
Florida Power & Light Company
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| View |
View File
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|
| Docket Date |
2024-04-04
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| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2024-04-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Florida Rising, Inc.
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| View |
View File
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| Docket Date |
2024-04-04
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| Type |
Order
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| Subtype |
Couns Pro Hac Vice (Foreign Counsel) Due
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| Description |
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 General Practice and 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.
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| View |
View File
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| Docket Date |
2024-04-03
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| Type |
Notice
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| Subtype |
Appeal
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| Description |
Notice of Appeal
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| View |
View File
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| Docket Date |
2024-04-11
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| Type |
Order
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| Subtype |
Expedite
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| Description |
Appellee's motion to expedite is hereby granted. The clerk of the Florida Public Service Commission must electronically transmit the record to this Court no later than April 23, 2024. Appellant's initial brief must be served no later than May 17, 2024. Appellees' answer briefs must be served no later than 21 days after service of the initial brief. Appellant's reply brief, if any, must be served no later than 21 days after service of the answer briefs.
A determination regarding oral argument will be made at a later date.
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| View |
View File
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| Docket Date |
2024-04-04
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case-Pay Fee
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| Description |
The Florida Supreme Court has received the Notice of Appeal reflecting a filing date of April 3, 2024.
To pay the $300 filing fee through the portal, go to the "Document" page after entering the case number. On the "Documents" page, after clicking the "Add" button, navigate to the "Pay Fee" category. Select the "PAY CASE FILING FEE - $300", then go to the bottom of the page and upload a one-page Filing Fee Paid letter, stating that you are paying the fee through the portal. The fee amount and the fields to enter the payment information will be on the "Review and Submit" page. Your fee must be paid within ten days.
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| View |
View File
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Florida Rising, Inc., et al., Appellant(s) v. Gary F. Clark, etc., et al., Appellee(s)
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SC2022-0012
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2022-01-04
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Closed
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| Classification |
Mandatory Review - Notice of Appeal - Public Service Commission
|
| Court |
Supreme Court of Florida
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| Originating Court |
Unknown Court
PSC-2021-0446-S-EI
Unknown Court
PSC-2021-0446A-S-EI
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Parties
| Name |
ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Mike La Rosa
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Florida Public Service Commission
|
| Role |
Appellee
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| Status |
Active
|
| Representations |
Bianca Yva Faustin Lherisson, Jennifer S. Crawford, Suzanne Smith Brownless, Shaw P. Stiller
|
|
| Name |
Alexandria Larson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Florida Industrial Power Users Group
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Karen A. Putnal, Jon C. Moyle, Jr.
|
|
| Name |
Southern Alliance For Clean Energy
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
George S. Cavros
|
|
| Name |
WALMART INC.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Stephanie U. Eaton
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|
| Name |
Art Graham
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Federal Executive Agencies
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Florida Internet & Television Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Floyd R. Self
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|
| Name |
THE CLEO INSTITUTE INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William C. Garner
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|
| Name |
DANIEL LARSON, LLC
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathan A. Skop
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|
| Name |
FLORIDIANS AGAINST INCREASED RATES, INC.
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| Role |
Appellee
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| Status |
Active
|
| Representations |
John Thomas LaVia, III, Robert Scheffel Wright
|
|
| Name |
FLORIDA RETAIL FEDERATION, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Gary F. Clark
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Andrew Giles Fay
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gabriella Passidomo
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| Role |
Appellee
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| Status |
Active
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|
| Name |
VOTE SOLAR, INC.
|
| Role |
Appellee
|
| Status |
Active
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|
| Name |
Hon. Adam J. Teitzman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
LULAC FLORIDA EDUCATIONAL FUND INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FLORIDA RISING, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jordan A. Luebkemann, Bradley I. Marshall
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|
| Name |
Office of Public Counsel
|
| Role |
Appellee
|
| Status |
Active
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| Representations |
Richard E. Gentry, Anastacia E. Pirrello, Charles J. Rehwinkel, Patricia A. Christensen
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|
| Name |
Florida Power and Light Company
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Russell Arther Badders, Kenneth M. Rubin, Joel Thomas Baker, John T. Burnett, María José Moncada, R. Wade Litchfield, Kenneth A. Hoffman
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Docket Entries
| Docket Date |
2023-01-17
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
NOTICE-ADDRESS CHANGE
|
| On Behalf Of |
Florida Power and Light Company
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|
| Docket Date |
2022-12-21
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| Type |
Order
|
| Subtype |
OA Schedule
|
| Description |
ORDER-OA SCHED ~ The above cases are hereby scheduled for oral argument at 9:00 a.m., Wednesday, February 8, 2023. A maximum of twenty minutes to the side is allowed for the argument as consolidated, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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| Docket Date |
2023-10-26
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| Type |
Record
|
| Subtype |
Exhibits Returned
|
| Description |
Exhibits Returned to PSC (6 discs)
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|
| Docket Date |
2023-10-20
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| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
Publish Full
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| View |
View File
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| Docket Date |
2022-07-27
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| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, Environmental Confederation of Southwest Florida, Inc.'s, & Floridians Against Increased Rates, Inc.'s, Joint Unopposed Motion for Extension of Time and Enlargement of Word Limits is granted and petitioner is allowed to and including September 6, 2022, in which to serve the reply brief on the merits which does not exceed 7,000 words. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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| Docket Date |
2022-07-25
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| Type |
Order
|
| Subtype |
Brief Amendment
|
| Description |
ORDER-BRIEF AMENDMENT GR ~ Appellee Florida Power & Light Company's Unopposed Motion to File Amended Answer Brief is granted and said amended brief was filed with this Court on July 22, 2022. The Answer Brief of Florida Power & Light filed with this Court on July 20, 2022, is hereby stricken.
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| Docket Date |
2022-07-22
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| Type |
Brief
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| Subtype |
Answer-Merit (Amended)
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| Description |
ANSWER AMD BRIEF-MERITS ~ Amended Answer Brief of Florida Power & Light Company
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| On Behalf Of |
Florida Power and Light Company
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|
| Docket Date |
2022-07-22
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| Type |
Motion
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| Subtype |
Brief Amendment
|
| Description |
MOTION-BRIEF AMENDMENT ~ Appellee Florida Power & Light Company's Unopposed Motion to File Amended Answer Brief
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| On Behalf Of |
Florida Power and Light Company
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| View |
View File
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| Docket Date |
2022-07-21
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| Type |
Motion
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| Subtype |
Ext of Time (Reply Brief-Merit)
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| Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, Environmental Confederation of Southwest Florida, Inc.'s, & Floridians Against Increased Rates, Inc.'s, Joint Unopposed Motion for Extension of Time and Enlargement of Word Limits
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| On Behalf Of |
Florida Rising, Inc.
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| View |
View File
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| Docket Date |
2022-07-20
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| Type |
Brief
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| Subtype |
Answer-Merit
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| Description |
ANSWER BRIEF-MERITS ~ Answer Brief of Florida Power & Light -- Stricken by order dated 7/25/2022.
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| On Behalf Of |
Florida Power and Light Company
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|
| Docket Date |
2022-07-14
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| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance
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| On Behalf Of |
Florida Power and Light Company
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|
| Docket Date |
2022-04-25
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| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
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| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Appellees' Unopposed Motion for Extension of Time and Enlargement of Word Limits is hereby granted. Appellees are allowed to and including July 20, 2022, in which to serve the answer briefs on the merits which do not exceed 20,000 words in length. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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| Docket Date |
2022-04-20
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| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
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| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ Appellee's Unopposed Motion for Extension of Time and Enlargement of Word Limits
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| On Behalf Of |
Florida Power and Light Company
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| View |
View File
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| Docket Date |
2022-04-14
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| Type |
Record
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| Subtype |
Record/Transcript
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| Description |
RECORD/TRANSCRIPT ~ Large supplemental record placed on T drive.
|
| On Behalf Of |
Hon. Adam J. Teitzman
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|
| Docket Date |
2022-04-06
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| Type |
Brief
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| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS ~ Initial Brief of Florida Rising Inc., Environmental Confederation of Southwest Florida Inc., and LULAC Florida Educational Fund, Inc.
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| On Behalf Of |
Florida Rising, Inc.
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| Docket Date |
2022-04-06
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| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT ~ Floridians Against Increased Rates, Inc.'s Request for Oral Argument
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| On Behalf Of |
Floridians Against Increased Rates, Inc.
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| View |
View File
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| Docket Date |
2022-03-30
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| Type |
Order
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| Subtype |
Record Supplementation GR (Misc)
|
| Description |
ORDER-RECORD SUPPLEMENTATION GR (MISC) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion to Supplement the Record on Appeal is granted, and the Florida Public Service Commission is hereby directed to supplement the record with portions of admitted exhibits 391-396, 412, 416, 422, 424-426, 429, 435-438, 441, 443, 445, 449-450, 452-453, 455, 461, 470, 472, 475, and 477.
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| Docket Date |
2022-03-28
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| Type |
Motion
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| Subtype |
Record Supplementation
|
| Description |
MOTION-RECORD SUPPLEMENTATION ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion to Supplement the Record on Appeal
|
| On Behalf Of |
Florida Rising, Inc.
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| View |
View File
|
|
| Docket Date |
2022-03-11
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ Large confidential record placed on T drive.
|
| On Behalf Of |
Hon. Adam J. Teitzman
|
|
| Docket Date |
2022-03-08
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance
|
|
| Docket Date |
2022-03-07
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance of Counsel for Appellee Florida Power & Light Company
|
| On Behalf Of |
Florida Power and Light Company
|
|
| Docket Date |
2022-03-04
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion for Clarification, or, in the Alternative, Motion for Extension of Time to File Initial Brief
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-01-05
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-01-05
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-01-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-01-04
|
| Type |
Notice
|
| Subtype |
Appeal
|
| Description |
NOTICE-APPEAL (PSC) ~ **Uncertified Copy**
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-09-28
|
| Type |
Disposition
|
| Subtype |
Remanded
|
| Description |
FSC-OPINION: Accordingly, we remand this matter to the Commission for further proceedings consistent with our decision, including, if the Commission shall determine that the settlement agreement is in the public interest and fixes fair, just, and reasonable rates in light of the statutory factors, a consideration of the parties' main disagreements reflected in the record. From the order we have, we cannot conclude that the Commission exercised its discretion in accordance with the standards that the Legislature has provided. See Int'l Truck & Engine Corp. v. Cap. Truck, Inc., 872 So. 2d 372, 374 (Fla. 1st DCA 2004) ("An agency action that is arbitrary stands outside the range of discretion delegated to the agency for purposes of review under section 120.68."); § 120.68(7)(e) (allowing for remand when an agency's exercise of discretion, among other things, was "[o]utside the range of discretion delegated to the agency by law" or "[o]therwise in violation of a constitutional or statutory provision"). Subject to any statutory requirements, the form of the proceedings on remand will be up to the Commission, including the decision whether to allow the parties to present additional evidence. It is so ordered.
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| View |
View File
|
|
| Docket Date |
2022-09-06
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS ~ Reply Brief of Appellant Floridians Against Increased Rates, Inc.
|
| On Behalf Of |
Floridians Against Increased Rates, Inc.
|
|
| Docket Date |
2022-09-06
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Request for Oral Argument
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-04
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion for Clarification, or, in the Alternative, Motion for Extension of Time to File Initial Brief is granted and appellants are allowed to and including April 6, 2022, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2022-03-01
|
| Type |
Order
|
| Subtype |
Consolidation
|
| Description |
ORDER-CONSOLIDATION GR ~ Floridians Against Increased Rates, Inc.'s motion to consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes.From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC21-1761 only.
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|
| Docket Date |
2022-01-05
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| Type |
Order
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| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
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| Description |
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 General Practice and 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.
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View File
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Floridians Against Increased Rates, Inc., Appellant(s) v. Gary F. Clark, etc., et al., Appellee(s)
|
SC2021-1761
|
2021-12-28
|
Closed
|
|
| Classification |
Mandatory Review - Notice of Appeal - Public Service Commission
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Administrative Agency
PSC-2021-0446A-S-EI
|
Parties
| Name |
FLORIDIANS AGAINST INCREASED RATES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Thomas LaVia, III, Robert Scheffel Wright
|
|
| Name |
THE CLEO INSTITUTE INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William C. Garner
|
|
| Name |
Florida Internet & Television Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Floyd R. Self
|
|
| Name |
DANIEL LARSON, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathan A. Skop
|
|
| Name |
Alexandria Larson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Southern Alliance For Clean Energy
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
George S. Cavros
|
|
| Name |
LEAGUE OF UNITED LATIN AMERICAN CITIZENS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WALMART INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Stephanie U. Eaton
|
|
| Name |
Florida Industrial Power Users Group
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Karen A. Putnal, Jon C. Moyle, Jr.
|
|
| Name |
ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VOTE SOLAR, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA RISING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ms. Christina I. Reichert, Bradley I. Marshall, Jordan A. Luebkemann
|
|
| Name |
Art Graham
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Federal Executive Agencies
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Gabriella Passidomo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Florida Public Service Commission
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer S. Crawford, Bianca Yva Faustin Lherisson, Samantha M. Cibula, Suzanne Smith Brownless, Douglas D. Sunshine
|
|
| Name |
FLORIDA RETAIL FEDERATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mike La Rosa
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andrew Giles Fay
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Office of Public Counsel
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Patricia A. Christensen, Anastacia E. Pirrello, Charles J. Rehwinkel, Richard E. Gentry
|
|
| Name |
Gary F. Clark
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Adam J. Teitzman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Florida Power and Light Company
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joel Thomas Baker, Pascual A. Oliu, Kenneth A. Hoffman, María José Moncada, Daniel E. Nordby, Russell Arther Badders, Kenneth M. Rubin, Amber Stoner Nunnally, Jason B. Gonzalez, John T. Burnett, Stuart H. Singer, R. Wade Litchfield
|
|
Docket Entries
| Docket Date |
2023-10-26
|
| Type |
Record
|
| Subtype |
Exhibits Returned
|
| Description |
Exhibits Returned to PSC (6 discs)
|
|
| Docket Date |
2023-10-20
|
| Type |
Miscellaneous Document
|
| Subtype |
Publish Full
|
| Description |
Publish Full
|
| View |
View File
|
|
| Docket Date |
2023-01-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE-ADDRESS CHANGE
|
| On Behalf Of |
Florida Power and Light Company
|
| View |
View File
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
OA Schedule
|
| Description |
ORDER-OA SCHED ~ The above cases are hereby scheduled for oral argument at 9:00 a.m., Wednesday, February 8, 2023. A maximum of twenty minutes to the side is allowed for the argument as consolidated, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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| View |
View File
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|
| Docket Date |
2022-09-06
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Request for Oral Argument
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
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|
| Docket Date |
2022-09-06
|
| Type |
Brief
|
| Subtype |
Reply-Merit
|
| Description |
REPLY BRIEF-MERITS ~ Reply Brief
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-07-27
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, Environmental Confederation of Southwest Florida, Inc.'s, & Floridians Against Increased Rates, Inc.'s, Joint Unopposed Motion for Extension of Time and Enlargement of Word Limits is granted and petitioner is allowed to and including September 6, 2022, in which to serve the reply brief on the merits which does not exceed 7,000 words. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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| View |
View File
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|
| Docket Date |
2022-07-22
|
| Type |
Brief
|
| Subtype |
Answer-Merit (Amended)
|
| Description |
ANSWER AMD BRIEF-MERITS ~ Amended Answer Brief of Florida Power & Light Company
|
| On Behalf Of |
Florida Power and Light Company
|
| View |
View File
|
|
| Docket Date |
2022-07-22
|
| Type |
Motion
|
| Subtype |
Brief Amendment
|
| Description |
MOTION-BRIEF AMENDMENT ~ Appellee Florida Power & Light Company's Unopposed Motion to File Amended Answer Brief
|
| On Behalf Of |
Florida Power and Light Company
|
| View |
View File
|
|
| Docket Date |
2022-07-21
|
| Type |
Motion
|
| Subtype |
Ext of Time (Reply Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, Environmental Confederation of Southwest Florida, Inc.'s, & Floridians Against Increased Rates, Inc.'s, Joint Unopposed Motion for Extension of Time and Enlargement of Word Limits
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-07-20
|
| Type |
Brief
|
| Subtype |
Answer-Merit
|
| Description |
ANSWER BRIEF-MERITS ~ Answer Brief of Appellee The Florida Public Service Commission
|
| On Behalf Of |
Florida Public Service Commission
|
| View |
View File
|
|
| Docket Date |
2022-07-14
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance
|
| On Behalf Of |
Florida Power and Light Company
|
| View |
View File
|
|
| Docket Date |
2022-04-20
|
| Type |
Motion
|
| Subtype |
Ext of Time (Answer Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ Appellee's Unopposed Motion for Extension of Time and Enlargement of Word Limits
|
| On Behalf Of |
Florida Power and Light Company
|
| View |
View File
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|
| Docket Date |
2022-04-14
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ Large supplemental record placed on T drive.
|
| On Behalf Of |
Hon. Adam J. Teitzman
|
|
| Docket Date |
2022-04-06
|
| Type |
Brief
|
| Subtype |
Initial-Merit
|
| Description |
INITIAL BRIEF-MERITS ~ Initial Brief on the Merits of Floridians Against Increased Rates, Inc.
|
| On Behalf Of |
Floridians Against Increased Rates, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-04-06
|
| Type |
Motion
|
| Subtype |
Request-Oral Argument
|
| Description |
REQUEST-ORAL ARGUMENT ~ Floridians Against Increased Rates, Inc.'s Request for Oral Argument
|
| On Behalf Of |
Floridians Against Increased Rates, Inc.
|
| View |
View File
|
|
| Docket Date |
2022-03-30
|
| Type |
Order
|
| Subtype |
Record Supplementation GR (Misc)
|
| Description |
ORDER-RECORD SUPPLEMENTATION GR (MISC) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion to Supplement the Record on Appeal is granted, and the Florida Public Service Commission is hereby directed to supplement the record with portions of admitted exhibits 391-396, 412, 416, 422, 424-426, 429, 435-438, 441, 443, 445, 449-450, 452-453, 455, 461, 470, 472, 475, and 477.
|
| View |
View File
|
|
| Docket Date |
2022-03-28
|
| Type |
Motion
|
| Subtype |
Record Supplementation
|
| Description |
MOTION-RECORD SUPPLEMENTATION ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion to Supplement the Record on Appeal
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
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|
| Docket Date |
2022-03-11
|
| Type |
Record
|
| Subtype |
Record/Transcript
|
| Description |
RECORD/TRANSCRIPT ~ Large record on appeal placed on T drive.
|
| On Behalf Of |
Hon. Adam J. Teitzman
|
|
| Docket Date |
2022-03-08
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance
|
| On Behalf Of |
Florida Public Service Commission
|
| View |
View File
|
|
| Docket Date |
2022-03-07
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE ~ Notice of Appearance of Counsel for Appellee Florida Power & Light Company
|
| On Behalf Of |
Florida Power and Light Company
|
| View |
View File
|
|
| Docket Date |
2022-02-22
|
| Type |
Motion
|
| Subtype |
Consolidation
|
| Description |
MOTION-CONSOLIDATION ~ Floridians Against Increased Rates, Inc's Unopposed Motion to Consolidate Appeals (With Case No. SC22-12)
|
| On Behalf Of |
Floridians Against Increased Rates, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-12-30
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2021-12-29
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Floridians Against Increased Rates, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-12-29
|
| Type |
Order
|
| Subtype |
Couns Pro Hac Vice (Foreign Counsel)
|
| Description |
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 General Practice and 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.
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| View |
View File
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|
| Docket Date |
2021-12-29
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2021-12-28
|
| Type |
Notice
|
| Subtype |
Appeal
|
| Description |
NOTICE-APPEAL (PSC)
|
| On Behalf Of |
Floridians Against Increased Rates, Inc.
|
| View |
View File
|
|
| Docket Date |
2021-12-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-09-28
|
| Type |
Disposition
|
| Subtype |
Remanded
|
| Description |
FSC-OPINION: Accordingly, we remand this matter to the Commission for further proceedings consistent with our decision, including, if the Commission shall determine that the settlement agreement is in the public interest and fixes fair, just, and reasonable rates in light of the statutory factors, a consideration of the parties' main disagreements reflected in the record. From the order we have, we cannot conclude that the Commission exercised its discretion in accordance with the standards that the Legislature has provided. See Int'l Truck & Engine Corp. v. Cap. Truck, Inc., 872 So. 2d 372, 374 (Fla. 1st DCA 2004) ("An agency action that is arbitrary stands outside the range of discretion delegated to the agency for purposes of review under section 120.68."); § 120.68(7)(e) (allowing for remand when an agency's exercise of discretion, among other things, was "[o]utside the range of discretion delegated to the agency by law" or "[o]therwise in violation of a constitutional or statutory provision"). Subject to any statutory requirements, the form of the proceedings on remand will be up to the Commission, including the decision whether to allow the parties to present additional evidence. It is so ordered.
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| View |
View File
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| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Brief Amendment
|
| Description |
ORDER-BRIEF AMENDMENT GR ~ Appellee Florida Power & Light Company's Unopposed Motion to File Amended Answer Brief is granted and said amended brief was filed with this Court on July 22, 2022. The Answer Brief of Florida Power & Light filed with this Court on July 20, 2022, is hereby stricken.
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| View |
View File
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Appellees' Unopposed Motion for Extension of Time and Enlargement of Word Limits is hereby granted. Appellees are allowed to and including July 20, 2022, in which to serve the answer briefs on the merits which do not exceed 20,000 words in length. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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| View |
View File
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| Docket Date |
2022-03-04
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion for Clarification, or, in the Alternative, Motion for Extension of Time to File Initial Brief is granted and appellants are allowed to and including April 6, 2022, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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| View |
View File
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| Docket Date |
2022-03-04
|
| Type |
Motion
|
| Subtype |
Ext of Time (Initial Brief-Merit)
|
| Description |
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ Florida Rising, Inc.'s, LULAC Florida Educational Fund, Inc.'s, and Environmental Confederation of Southwest Florida, Inc.'s Unopposed Motion for Clarification, or, in the Alternative, Motion for Extension of Time to File Initial Brief
|
| On Behalf Of |
Florida Rising, Inc.
|
| View |
View File
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| Docket Date |
2022-03-01
|
| Type |
Order
|
| Subtype |
Consolidation
|
| Description |
ORDER-CONSOLIDATION GR ~ Floridians Against Increased Rates, Inc.'s motion to consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes.From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC21-1761 only.
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| View |
View File
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|
| Docket Date |
2022-02-23
|
| Type |
Order
|
| Subtype |
Extension of Time (Merits Brief)
|
| Description |
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Appellant's motion for extension of time is granted and appellant is allowed to and including April 6, 2022, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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| View |
View File
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