MARK SCHUMANN

When the Florida Public Service Commission meets March 1, the regulatory body may deal Indian River Shores leaders yet another setback in their efforts to force Vero Beach to abandon its electric customers within the wealthy island enclave.

PSC staff is advising the Commission to affirm its jurisdiction and sole authority to determine whether Vero Beach should continue providing electric service within the Shores.  In a parallel case brought by the Indian River County Commission, the PSC last year issued virtually the same ruling. At the time, the PSC also directed Vero Beach to continue providing electric service to its customers in the unincorporated areas of the county.

The Indian River County has appealed that PSC ruling to the Florida Supreme Court. If questions asked by the Justices during December’s oral arguments are any indication of the Court’s leanings in the case, the final ruling is likely to favor Vero Beach and not the County.

Last November, Circuit Court Judge Cynthia Cox dismissed three of four counts in the Shores’ lawsuit against Vero Beach. It was a major blow to Town leaders.  Next the Shores turned to the PSC in search of permission to force Vero Beach to abandon it customer base within the Town. If the PSC adopts its staff’s recommendation, the Town will be left with nothing to do but litigate the one claim Judge Cox deemed worthy of a hearing, namely whether Vero Beach’s electric rates are reasonable and justifiable based on established law.

In a statement issues Feb. 11, Shores Mayor Bryan Barefoot described Vero Beach’s legal defense as  “a cynical attempt to maintain the status quo.”Barefoot and his fellow Town Councilmen have now spent some $800,ooo in taxpayer money attempting to force Vero Beach to abandon its Shores’ customer base.

Barefoot insists the Town only wants “rate relief,” as it seeks to be served by Florida Power & Light, rather than by Vero Electric. Barefoot, however, has yet to publicly address FPL’s proposed $1.325 billion rate increase.