(Source: Florida Keys Keynoter, Marathon, Fla.)
By Ryan McCarthy, Florida Keys Keynoter, Marathon
Nov. 16--A state agency could oversee the decades-long battle over commercial electricity on No Name Key after Dec. 2.
Monroe County Circuit Court Judge David Audlin is slated to rule that day on whether he or the state Public Service Commission has jurisdiction over the legality of electricity on the Lower Keys island.
No Name property owner and commercial power proponent Bob Reynolds filed a motion in August to dismiss a county suit against Keys Energy Services and No Name's 43 homeowners that seeks to clarify whether the county is obligated to issue permits to run lines over county-owned conservation land or for homeowners to connect to power poles. The motion seeks to have the PSC oversee the No Name decision.
PSC spokeswoman Kirsten Olsen said Tuesday the agency's legal staff is "studying where jurisdiction may or may not be involved.... The [commission] is aware of the issue and the motion to dismiss and is looking into it. No determinations have been made yet."
Keys Energy planned to finalize a deal with the No Name Key Homeowners Association in March to run commercial lines to and through the island. Owners were set to foot the estimated $650,000 bill before Monroe County officials raised concerns.
"I think the theory is that [the PSC has] more expertise in this area and since it's a utility regulatory board, they might be more inclined to see things their way," Chief Assistant County Attorney Bob Shillinger said.
Reynolds' motion says Keys Energy has a "territorial agreement" with the PSC and states: "The PSC holds the police powers of the state of Florida for the protection of the public welfare to enforce, regulate and resolve disputes regarding municipal utilities within a defined PSC ... agreement."
The hearing is scheduled for 1:30 p.m. on Dec. 2 at the Freeman Justice Center in Key West.
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