The City of Coral Gables issued on September 18 a citation and citation addendum to Florida Power & Light (FPL), after it sent a cease and desist letter to FPL on September 15, 2017. Although FPL has complied with the order to remove power lines from fallen trees blocking streets, FPL has not complied with the remainder of the letter, including the full restoration of power by September 17, 2017 at 11:45pm as previously promised by FPL.
Through these actions, the City of Coral Gables seeks to benefit communities throughout South Florida by obtaining appropriate enhancements to FPL’s infrastructure that will improve FPL’s ability to restore power following hurricanes and tropical storms.
As established by the Franchise Agreement and applicable law, FPL has the duty to deliver power to Coral Gables residents and businesses, to sufficiently maintain its power lines and infrastructure, and be prepared for natural disasters, including Hurricane Irma, which was a tropical storm in the Coral Gables area.
FPL has violated several sections of the City Code that are referenced in our official notice to the company. All fines imposed to FPL would be donated to charity for Hurricane Irma disaster relief.
The City is also reviewing a declaratory judgment suit under the Franchise Agreement for prospective relief, including the provision of improved infrastructure by FPL in the future that will allow FPL to act consistently with the Franchise Agreement and be prepared for future hurricanes that may impact the Coral Gables area. As the City and FPL disagree on the level of service required, a declaratory judgment action is appropriate.
The City is also considering a complaint to the Public Service Commission. The City reserves all of its rights, including the ability to assert other claims or seek cumulative remedies.