Hurricane Irma (NHC) Florida Power & Light (FPL), citing "recycled arguments," is urging an appeals court to dismiss a request for a rehearing
Florida Power & Light (FPL), citing “recycled arguments,” is urging an appeals court to dismiss a request for a rehearing in a lawsuit alleging the utility failed to meet its obligations to prevent power outages during Hurricane Irma.
FPL attorneys filed a 35-page brief on Friday saying the 3rd District Court of Appeal should not reconsider a May 22 ruling that damaged the lawsuit.
In that ruling, a three-judge panel of the court backed FPL’s arguments that the state Public Service Commission has the authority to determine whether the utility met obligations during the hurricane. The panel reversed the decision to allow customers to pursue a class-action lawsuit against FPL.
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The panel sent the case back to the Miami-Dade County Circuit Court and ordered a judge to stay the lawsuit while “threshold issues” are resolved.
This month, the plaintiffs’ attorneys filed a motion requesting a rehearing — or possibly for the Miami-based appeals court to send the dispute to the Florida Supreme Court.
But in the brief Friday, FPL’s attorneys said the panel ruled correctly and that such issues should go before the Public Service Commission.
“There is nothing unreasonable, let alone absurd, about assigning jurisdiction over complex regulatory questions to the PSC,” the brief said.
Another appeals court panel in March 2023 upheld a circuit judge’s certification of a class action.
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However, a little more than a month later, the Legislature passed a measure that gave the Public Service Commission authority to resolve disaster preparedness and response issues. After Gov. Ron DeSantis signed the law, FPL renewed efforts at the appeals court to block the class action.
The panel’s May 22 ruling did not end the lawsuit but would lead to the issues going to the Public Service Commission.
The lawsuit alleges that FPL did not meet obligations such as carrying out a storm-hardening plan, replacing aging poles and adequately clearing vegetation near lines. Irma made landfall in September 2017 in Monroe County as a Category 4 storm and caused widespread damage and power outages as it barreled up the state.
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