In latest twist, County stays with its original PSC petition

COMMENTARY

MARK SCHUMANN

Earlier this year, the Indian River County Commission submitted to the Florida Public Service Commission a verbose, awkwardly worded and poorly reasoned petition in which it seeks the right to force Vero Beach to abandon its out-of-city electric customers and utility infrastructure. If approved by the PSC, the County’s request would turn upside down Florida utility law and would likely set loose a firestorm in utility bond markets.

Twice now, the County has delayed PSC consideration of its petition.  The first delay, which came in advance of the Nov. 4 Vero Beach City Council election, was an obvious political ploy, for County Commissioners did not want bad news from the PSC just when they were hoping candidates Harry Howle, Pilar Turner and Charlie Wilson could dupe voters into believing the sale of the City’s electric utility is still possible. (Commissioner Wesley Davis contributed $500 to Wilson’s campaign.)

Indian River County’s commissioners are now out on a limb, for very electric utility in the state, including Florida Power & Light, has lined up in opposition to the Commission’s request. PSC staff’s critique of the County’s petition is nothing short of a full-throated repudiation of some very shallow reasoning on the part of the County.

Wanting to avoid a resounding and unqualified “NO” in advance while Indian River Shores is still mediating its “grievances” with the City, the County moved on Nov. 25 to again delay a PSC ruling.  With four representatives of the County having taken the time and gone to the expense of traveling to Tallahassee to attend the PSC hearing, the County’s outside counsel, Floyd Self, shocked nearly everyone in the PSC chambers when he announced the County was again asking the PSC to defer its ruling.

At the time, Self told the PSC he would submit an amended petition, paring down the County’s questions from 16 to perhaps three or four. Yesterday, though, Self informed the PSC the Indian River County’s Commissioners had change their minds yet again and would not be revising their petition. “Upon consideration, the Board (of County Commissioners) is now prepared to move forward with the Petition as filed…,” Self wrote.

So, what’s going on? For starters, the Town of Indian River Shores is not happy with the County for complicating its own lawsuit against Vero Beach.  Regardless of how many times the Press Journal gives Shores Mayor Brian Barefoot free paper and ink to claim his town’s lawsuit is independent of and will not be affected by the County’s petition, the fact remains a PSC ruling affirming the superiority of service territory assignments over franchise agreements will be a blow to the Shores’ case.

What’s going on at the County, I believe, is that there are too many people trying to call the shots.  I certainly would not want to be in County Attorney Dylan Reingold’s shoes, shuttling between five County Commissioners, at least two of whom have given their ear to utility activists Glen Heran and Steven Faherty. Between the County Commissioner, Heran and Faherty, you’ve got seven smart men, each one smarter than the next.

What may have happened Wednesday what that Self told Reingold, “Look, I told the PSC we would submit a revised petition early last week. I’ve got to do something.”

Unable to achieve consensus among the Commissioners about how to narrow the focus of their petition, Reingold probably said to Self, “Just go ahead and re-submit our original petition.”

Those who expect the public’s business to be conducted with at least some semblance of reason are shaking their heads this week wondering what it the world the members of the County Commission are thinking.