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operated and placed in service independent of any other
transponder. FPL began placing transponders in service during
the beginning of 1985 and continued to do so through the date of
trial.
On September 17, 1980, the FPSC issued an order proposing
rules. According to the general goals listed in the order, “The
Florida Energy Efficiency and Conservation Act requires
increasing the efficiency of the electric * * * systems of
Florida”. The order also called for a public hearing on the
proposed rules.
During 1980-81, FPL prepared the “Energy Management Plan for
the ‘80s” (the plan) and submitted it to the FPSC.46 The
articulated objective of the plan was to “Reduce use of home
appliances at times of FPL system peak, thereby reducing peak
demand.” The plan called for a load management system. The plan
document states that “FPL has recently obtained * * * [FPSC]
approval to implement a two year test on 1,000 residential
customers beginning in the fall of 1980”.
In January 1983, FPL published a bidirectional communication
system requirements study that outlined “FPL’s future load
46 Armando Garcia, an engineer at FPL, testified that FPL
submitted the energy management plan to the FPSC in response to
the FPSC order and that the FPSC approved the plan. Mr. Garcia
explained that the FPSC had to approve the energy management plan
“Because we do recover the costs and any costs that, money we
collect on our customers has to be approved by the” FPSC.
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