Florida Industrial Power Users Group v. Graham

In 2016, Florida Power & Light Company (FPL) filed a petition requesting that the Florida Public Service Commission (PSC) approve FPL’s purchase of a power plant so that FPL could terminate its existing power purchase agreement with Cedar Bay. The Florida Industrial Power Users Group (FIPUG) and the Office of Public Counsel (OPC) intervened in the proceedings. OPC and FPL subsequently reached a negotiated settlement agreement and filed a motion for the Commission’s approval of the agreement. At a hearing on the petition FIPUG invoked the rule of sequestration of witnesses, codified in Fla. Stat. 90.616. The PSC denied the request, concluding that it had discretion as to whether to apply the rule in its proceedings. The PSC subsequently approved the settlement agreement. FIPUG appealed, arguing that the PSC erred in not sequestering the witnesses. The Supreme Court affirmed, holding that the PSC had the discretion on whether to apply the Florida Evidence Code and, in particular, the rule of sequestration during its proceedings. View "Florida Industrial Power Users Group v. Graham" on Justia Law