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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,
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Last modified: May 25, 2011