- 104 - This Court found that the operating licenses and their amendments were not “related documents” because the power contract contained only a general reference and failed to specifically refer to these documents. Id. “This general standard of operation and maintenance, without more, does not incorporate the operating license, or amendments or appendices thereto, into the power contracts.” Id. In this case, petitioner argues: The Tariff incorporated by reference applicable orders, rules and regulations of various governmental bodies, including, for example, the Nuclear Regulatory Commission (“NRC”), the Environmental Protection Agency (“EPA”), the Florida Department of Environmental Protection (“FDEP”), the FPSC and others. FPL was required under the Tariff to comply with these orders, rules and regulations. According to Mr. Wilson’s testimony and the citations contained in petitioner’s proposed findings of fact, the relevant language in the tariff states: RULES AND REGULATIONS Service under this schedule is subject to orders of governmental bodies having jurisdiction and to the currently effective ‘General Rules and Regulations for Electric Service’ on file with the Florida Public Service Commission. In case of conflict between any provision of this schedule and said ‘General Rules and Regulations for Electric Service’ the provision of this schedule shall apply. Mr. Wilson testified: The Commission had rules and regulations itself that concerned the quality of service, how companies were to treat deposits for service for customers, the complaint procedure, things like that. And this wasPage: Previous 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 Next
Last modified: May 25, 2011