- 3 - In support of its argument that it is entitled to investment tax credits under the transition rules, petitioner has submitted the report of Mr. Wilson. Mr. Wilson is an attorney who is currently employed by petitioner as vice president, Government Affairs. Before beginning employment with petitioner in 1991, Mr. Wilson served as a member of the Florida Public Service Commission (the Commission). The Commission has jurisdiction to regulate and supervise public utility rates and services. In his report, Mr. Wilson considers whether petitioner’s tariff constituted a valid contract between petitioner and its customers. Mr. Wilson opines that the applicable provisions of petitioner’s tariff “are the written contract for the provision of electric service between * * * [petitioner] and its customers” and asserts that this opinion “is shared by those in the utility industry who regularly participate in the development of tariffs.” Rule 702 of the Federal Rules of Evidence, which governs the admissibility of expert testimony, provides: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise * * * Thus, expert testimony is admissible under Rule 702 of the Federal Rules of Evidence where it assists the Court to understand the evidence or to determine a fact in issue. Sunoco,Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011