Nathan Skop has 31 days left in his term as a Florida public service commissioner, but he is not exactly going quietly.
Involved in a legal battle with Florida Power and Light Co. over whether to recuse himself from issues involving the electric company, Skop is fighting hard to keep his prerogatives as a commissioner, even though the point will become moot on Jan. 1 when his term ends.
FPL alleges Skop is biased against the company, and until the 1st District Court of Appeals rules on the case, the PSC cannot discuss or decide on any issue that could affect FPL. That means a myriad of items on the Commissions agenda are waiting on the sidelines, even those that have the agreement of all parties involved.
Skop and his fellow commissioners wanted to move forward Tuesday with a settlement agreement between FPL and the state which would increase the electric utility companys base rates by $75 million. FPL had originally asked for an increase of $1.2 billion.
Because of the legal purgatory PSC finds itself in, however, commissioners must first get approval of the appellate court before discussing the issue. Commissioner Ronald Brise put forth a measure to file a motion with the 1st District Court of Appeals to that effect, but only if FPL did oppose the motion.
Brises measure was unanimously approved, but not before Skop expressed major concern over the harm the motion could do to the pending court case, and urged FPL to drop the case if there is such a pressing need to approve the settlement.
This is not a situation that was created by the commission. Voluntary withdrawal of the case would solve the problem, Skop said.
That led to a contentious exchange between Skop and PSC Chairman Art Graham.
If they pulled it back, that would mean they no longer think recusal is necessary, Graham said.
How do you know that? Skop retorted.
Some PSC staffers and commissioners also scoffed at the matter of a months delay to the settlement agreement.
Ive heard that it would be wise to do it now, Ive heard it would be comfortable to do it now, but I havent heard anything that says its necessary to do it now, said PSC attorney Richard Bellak.
Commissioner Eduardo Balbis, making his first appearance on the board after being appointed by Gov. Charlie Crist to replace Nancy Argenziano, agreed that little was to be gained by pushing to regain jurisdiction on one issue.
When you weigh that against the potential harm of litigation, I dont see anything wrong with waiting until January, Balbis said.
Ironically enough, Balbis could be off the PSC by then, as Gov.-elect Rick Scott has the right to reclaim Crists appointments, as Crist did with many of former Gov. Jeb Bushs appointments.
Still, the PSC wont file the motion with the appellate court to decide upon the settlement agreement if FPL opposes it. For now, however, FPL is playing it close to the vest.
We dont see any need to speak at this time. We feel its been a productive discussion, said Ken Hoffman, FPLs vice president of regulatory relations.
Reach Gray Rohrer at grohrer@sunshinestatenews.com or at (850) 727-0859.
