INDIAN RIVER COUNTY — Those watching the Vero electric saga have waited more than two weeks to see a promised pared-down petition from Indian River County to the Florida Public Service Commission (PSC) asking what the County’s rights are when its franchise with Vero expires in March 2017.
But in a surprise move just before close of business Wednesday, the County’s lead utilities attorney Floyd Self of the Tallahassee firm Gonzalez Saggio and Harlan filed a letter notifying the PSC clerk that the County would not be amending the petition after all.
Instead, Self told the PSC that the Board of County Commissioners would like to extend the original 90-day period for the matter to be heard until Feb. 23, 2015 so the original petition, as submitted in July, can be heard on Feb. 3 in Tallahassee.
“We appreciate the Commission deferring this matter at the November 25, 2014, Agenda Conference in order to allow the Board the opportunity to assess whether to amend its Petition,” Self wrote in the letter to PSC Clerk Carlotta Stauffer.
This additional time to evaluate the matter has been very helpful and is greatly appreciated. Upon consideration, the Board is now prepared to move forward with the Petition as filed, and not file an amended petition.”
After the matter was the 23rd item on the PSC’s Nov. 25 agenda to be considered before a packed room in Tallahassee it was pulled at the last minute.
In the lobby of the PSC hearing room, Self said that, based upon conversations with the PSC staff and a close study of the staff’s analysis of the County’s questions, he felt a better outcome would be obtained by paring down the petition for declaratory statement to a couple of key questions.
It was assumed that those questions would put the PSC on the spot to clarify whether or not the County has the freedom to choose another provider after the franchise expires, or whether Vero electric has a de facto permanent service territory.
It’s unclear what changed in the past two weeks, and the County is not offering many clues.
“At this point I have no additional comment. I do intend to discuss the issue at the Board meeting on Tuesday,” said County Attorney Dylan Reingold on Wednesday afternoon after Self’s filing had been distributed to interested parties.
Commissioner Tim Zorc, reached by phone on Wednesday, had not had a chance to read the filing and also had no comment. Zorc and Commissioner Peter O’Bryan traveled to Tallahassee for the PSC hearing last month.
This past Tuesday, the Board voted to cancel the scheduled Feb. 3 Board of County Commissioners meeting so the staff and elected officials could attend the PSC hearing in Tallahassee. The hearing is open to the public.
Vero officials have speculated that the County ultimately might not go forward with its PSC petition, but that it would opt to file a brief joining the Town of Indian River Shores lawsuit against Vero, or file some other, related circuit court suit.
That dispute is on hold, with Mediation set for Dec. 17. Should the parties not reach a settlement in that session led by mediator Carlos Alvarez, the suit is expected to be re-activated and go to a jury for trial.
