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The SJRPP agreement states in pertinent part:
5.9 Commitments on Behalf of Co-Owner.
5.9.1 Authority of Agents to Commit. JEA shall
have the authority to act as agent on behalf of
FPL (i) to the extent actions are authorized
* * *[63]
According to a final cost report, as of September 30, 1993,
the final cost totaled $860,703,589.96 for Unit 1,
$510,248,946.56 for Unit 2, and $60,227,555.61 for the coal
terminal.64
Numerous third parties contracted to provide materials,
services, and other aspects of the construction of the SJRPP.
Excavation for the construction of the SJRPP commenced in
December 1982, and the first concrete was poured in 1983. The
parties submitted into evidence a summary of third-party
63 Mr. Reid explained his understanding of this provision
as:
[the] JEA is the leading manager of the construction
operation and maintenance and long term ownership of
the facility and because of their contracting
requirements was the lead manager of the facility of
the construction and operation of the facility. This
section under the JOA states that [the] JEA, from * * *
[FPL’s] perspective, [the] JEA will have the authority
to act as agent on behalf of * * * [FPL] in all those
* * * issues.
Additionally, Mr. Reid testified that the JEA and FPL managed the
SJRPP project by committee, with two representatives from each
owner serving as representatives.
64 Mr. Reid testified that the cost of Unit 1 far exceeded
the cost of Unit 2 because the common facilities had to be
erected in time to support the first unit built.
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