VERO BEACH — Attorney Robert Scheffel “Schef” Wright announced Wednesday evening that the City of Vero Beach intends to file a Request for Declaratory Statement asking state regulators to clarify what happens when Vero’s electric franchise agreements expire in 2016 and 2017.
The Vero Beach City Council then voted 5-0 to file that request with the Florida Public Service Commission, which Wright said should be finished by Friday and would be on track to be considered by the PSC on March 3.
Vero’s concern is, since Indian River County in November pulled its petition at the last minute and could pull it again unexpectedly, further delaying getting an answer.
County officials stated they would pare down and amend that petition, but then last week reversed course and told the PSC they wanted to go forward with their original request filed in July. That matter is set to be heard on Feb. 3, unless the County again shifts its strategy.
“We can’t be sure what the county will do and this way getting it resolved sooner than later is better,” Mayor Dick Winger said. “We have to do what we have to do to protect the people.”
Wright said the city’s petition would only pose a couple of the key questions, not the 14 questions in the county’s petition.
“i believe the Florida Public Service Commission should rule on this (request for delaratory) statement, I think it’s timely and I think it’s relevant,” Wright said.
County Attorney Dylan Reingold, who attended the Vero meeting, said of the city’s plans to file its own petition with the PSC, “I was unaware of this until this evening,” but other than tgat had no comment.
The council in the special call meeting Wednesday night also agreed to terms set forth during today’s mediation session at the Vero Beach Community Center with mediator Carlos Alvarez and delegations from Vero, Indian River Shores and Indian River County.
The Shores agreed to keep its circuit court lawsuit on hold until March 2 and Vero agreed not to sue the Shores for talking to alternate electric providers to serve the Town after its franchise expires in November 2016.
Wright emphasized that Vero could not and would not agree with the Shores’ assertion that the Town has the right to switch providers, as Vero claims to have an indisputable, permanent territory.
The next scheduled Vero council meeting is Jan. 6.