State of Florida -M-E-M-O-R-A-N-D-U-M by xyd75631

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									State of Florida




                                                 -M-E-M-O-R-A-N-D-U-M­


DATE:        January 6, 2010                                            FPSC~ eLK _ CORRESPONDENC
TO:          Ann Cole, Commission Clerk - PSC, Office of Commission Clerk Admiui$irati~...P:arnts_Consurn
FROM:        Cristina Slaton, Executive Secretary to Commissioner Skop @i)DOCUMENT NO.Q.QJJ..9..=.l.Q..
                                                                            '. . - ,ui.v_,.
                                                                          DI~TRlBi l~'I()N' ._ _ _ _ _-.
RE:          Docket Correspondence 100001-EI


Ann,

This office has received copies of correspondence from Matthew J. Pistner, Vice President, West
and South Gas Operations, RRI Energy to the following individuals, regarding docket no.
100001-EI:

Mr. Sam Forrest, Florida Power & Light
Mr. Jan Asparu, Orlando Utility Commission
Mr. Michael Carl, Progress Energy Florida
Mr. Timothy Woodbury, Seminole Electric Cooperative
Mr. Randy Rodriguez
Mr. Justine Flanagan
Ms. Dawn Niehoff
Ms. Dori Swift
Ms. Doreen Erickson

The letters are identical in wording.

The correspondence has not been viewed or considered in any way by Commissioner Skop.
Under the terms of the advisory opinion from the Commission on Ethics (issued July 24, 1991 as
CEO 91-31-July 19, 1001), the attached letter does not constitute an ex parte communication by
virtue of the fact that it was not shown to the Commissioner. Because it is not deemed to be an
ex parte communication, it does not require dissemination to parties pursuant to the provisions of
section 350.042, Florida Statutes. However, in such cases Commissioner Skop has requested
that a copy of the correspondence be placed in the Parties and Interested Persons correspondence
folder of the docket file.




Attachment
                                                                             P.O. Box 3795
                                                                             Houston. TX 77253-3795

    RRl
    Energy

December 30/ 2009

Mr. Sam Forrest, Vice President, Energy Marketing and Trading
Florida Power & Light
700 Universe Blvd.
EMT/JB
Juno Beach, FL 33408
Dear Mr. Forrest:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball
status. 	 Indian River's term power purchase agreement (PPA) ends December 31, 2009. RRI
has exhausted its options to secure a new PPA, including an RFP process open to all Florida
utilities, co-operatives and municipal utilities, as well as "one off" discussions with several
Florida utilities. Under mothball status, the station will not be available on a daily basis or
during periods of short-term or emergency demand, including hurricanes.

RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term, and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

 'ncerelY,

i       !

  ~'J'\-'-'~
              '\)




Matthew J. Pistner
Vice President
West and South Gas Operations

cc: 	       limothy Gerrish
            PSC Chairman Nancy Argenziano
            PSC Commissioner Matthew M. Carter, II
            PSC Commissioner Lisa Polak Edgar
            PSC Commissioner David E. Klement
            PSC Commissioner Nathan A. Skop
            Thomas Ballinger
            Robert Trapp
                                                                              F.P.S.c.
                                                                        COMMISSIONER SKOP
{OOO9S156.1/05-0134·1S02}
                                                                             P.O. Box 3795
                                                                             Houston, TX 77253-3795




December 30, 2009

Mr. Jan Asparu
Orlando Utility Commission
6113 Pershing Avenue
Orlando, Florida 32822
Dear Mr. Asparu:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball 

status. Indian River's term power purchase agreement (PPA) ends December 31, 2009. RRI 

has exhausted its options to secure a new PPA, including an RFP process open to all Florida 

utilities, co-operatives and municipal utilities, as well as "one off" discussions with several 

Florida utilities. Under mothball status, the station will not be available on a daily basis or 

during periods of short-term or emergency demand, including hurricanes. 


RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term, and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

Sincerely,

JI .
·~i.\\~  \~
Matthew J. Pistner 

Vice President 

West and South Gas Operations 


cc: 	    PSC Chairman Nancy Argenziano 

         PSC Commissioner Matthew M. Carter, II 

         PSC Commissioner Usa Polak Edgar 

         PSC Commissioner David E. Klement 

         PSC Commissioner Nathan A. Skop 

         Thomas Ballinger 

         Robert Trapp 




{OOO9S1S6.1/05-0134-1502}
                                                                             P.O. Box 3795
                                                                             Houston, TX 77253-3795
    RRl.
    Energy


December 30, 2009

Mr. Michael Carl
Progress Energy Florida
299 First Ave North
PEF 155
st. Petersburg, FI 33701
Dear Mr. Carl:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball
status. Indian River's term power purchase agreement (PPA) ends December 31, 2009. RRI
has exhausted its options to secure a new PPA, including an RFP process open to all Florida
utilities, co-operatives and municipal utilities, as well as "one off' discussions with several
Florida utilities. Under mothball status, the station will not be available on a daily basis or
during periods of short-term or emergency demand, including hurricanes.

RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term, and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.




i
 ince, relYI
        I    \ ''').,
 ~l             \li~



Matthew J. Pistner
Vice President
West and South Gas Operations

cc: 	       PSC Chairman Nancy Argenziano 

            PSC Commissioner Matthew M. Carter, II 

            PSC Commissioner Usa Polak Edgar 

            PSC Commissioner David E. Klement 

            PSC Commissioner Nathan A. Skop 

            Thomas Ballinger 

            Robert Trapp 



{00095156.l/05-0134-tS02}
   /~               	                                                        P.O. Box 3795
(";/RRl                                                                      Houston, TX 77253-3795


    Energy


December 30, 2009

Mr. TImothy Woodbury, Exec. Vice President and
General Manager
Seminole Electric Cooperative
16313 N. Dale Mabry Highway
Tampa, FL 33688-2000
Dear Mr. Woodbury:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball
status. Indian River's term power purchase agreement (PPA) ends December 31, 2009. RRI
has exhausted its options to secure a new PPA, including an RFP process open to all Florida
utilities, co-operatives and municipal utilities, as well as "one off' disclJssions with several
Florida utilities. Under mothball status, the station will not be available on a daily basis or
during periods of short-term or emergency demand, including hurricanes.

RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term, and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

Sincerely,

~tcorA- ~."?..k
Matthew J. Pistner
Vice President
West and South Gas Operations

cc: 	    PSC Chairman Nancy Argenziano
         PSC Commissioner Matthew M. Carter, II
         PSC Commissioner Lisa Polak Edgar
         PSC Commissioner David E. Klement
         PSC Commissioner Nathan A. Skop
         Thomas Ballinger
         Robert Trapp


{OOO9S1S6.1! OS-OI34-IS02}
{/'l                                                                        P.O. Box 3795
                                                                            Houston, TX 77253-3795

   RRl
   En erg y


 December 30, 2009

Mr. Randy Rodriguez
4742 Brookhaven Street
Cocoa, 	FL 32927

 Dear Mr. Rodriguez:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball
status. 	 Indian River's term power purchase agreement (PPA) ends December 31, 2009. RRI
has exhausted its options to secure a new PPA1 including an RFP process open to all Florida
utilities, co-operatives and municipal utilities, as well as "one off" discussions with several
Florida utilities. Under mothball status, the station will not be available on a daily basis or
during periods of short-term or emergency demand, including hUrricanes.

RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term, and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

.1incerelY,

JI~l:~
Matthew J. Pistner 

Vice President 

West and South Gas Operations 


cc: 	    PSC Chairman Nancy Argenziano 

         PSC Commissioner Matthew M. Carter, II 

         PSC Commissioner Lisa Polak Edgar 

         PSC Commissioner David E. Klement 

         PSC Commissioner Nathan A. Skop 





{00095156.1 /05-0134-1502}
{~
                                                                              P.O. Box 3795
                                                                              Houston, TX 77253-3795


    Energy


December 30 / 2009

Mr. Justine Flanagan
7170 Holly Avenue
Cocoa l 	 FL 32927
Dear Mr. Flanagan:

Beginning January 11 2010 RRI Energy's Indian River Power Station will transition to mothball
status. Indian River's term power purchase agreement (PPA) ends December 31 1 2009. RRI
has exhausted its options to secure a new PPAI including an RFP process open to all Florida
utilitiesl co-operatives and municipal utilitiesl as well as "one off' discussions with several
Florida utilities. Under mothball statusl the station will not be available on a daily basis or
during periods of short-term or emergency demand l including hurricanes.

RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term l and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
AdVisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

Sincerely,
J
'[~i.\~
        I   .\   r').

Matthew J. Pistner
Vice President
West and South Gas Operations

cc: 	       PSC Chairman Nancy Argenziano
            PSC Commissioner Matthew M. Carterl II
            PSC Commissioner Lisa Polak Edgar
            PSC Commissioner David E. Klement
            PSC Commissioner Nathan A. Skop




{00095156.l/05-0134-1502}
{/I                                                                          P.O. Box 3795
                                                                             Houston, TX 77253-3795
        RRl
        Energy


 December 30, 2009

 Ms. Dawn Niehoff
 4520 Flood Street
 Cocoa, 	FL 32927

 Dear Ms. Niehoff:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball
status. 	 Indian River's term power purchase agreement (PPA) ends December 31, 2009. RRI
has exhausted its options to secure a new PPA, including an RFP process open to all Florida
utilities, co-operatives and municipal utilities, as well as "one off" discussions with several
Florida utilities. Under mothball status, the station will not be available on a daily basis or
during periods of short-term or emergency demand, including hurricanes.

RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term, and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

Sincerely,

,1cu.L~· ?~
Matthew J. Pistner 

Vice President 

West and South Gas Operations 


cc: 	    PSC Chairman Nancy Argenziano
         PSC Commissioner Matthew M. Carter, II
         PSC Commissioner Lisa Polak Edgar
         PSC Commissioner David E. Klement
         PSC Commissioner Nathan A. Skop




{OOO95156.1 /05-0134-1502}
(/'I                                                                         P.O. Box 3795
                                                                             Houston, TX 77253-3795

        RRl
        Ene rg y


Decernber 30, 2009

Ms. Dori Swift 

6851 Sweet Bay Ct. 

Cocoa, FL 32927 

Dear Ms. Swift:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball 

status. Indian River's term power purchase agreement (PPA) ends December 31, 2009. RRI 

has exhausted its options to secure a new PPA, including an RFP process open to all Florida 

utilities, co-operatives and municipal utilities, as well as "one off" discussions with several 

Florida utilities. Under mothball status, the station will not be available on a daily basis or 

during periods of short-term or emergency demand, including hurricanes. 


RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term, and thus is not retiring the
station at this time. However, returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

Sincerely,

i~ ~,'(~
Matthew J. Pistner 

Vice President 

West and South Gas Operations 


cc: 	     PSC Chairman Nancy Argenziano 

          PSC Commissioner Matthew M. Carter, II 

          PSC Commissioner Usa Polak Edgar 

          PSC Commissioner David Klement 

          PSC Commissioner Nathan A. Skop 





{OOO9S1S6.1/0S-0134-1S02}
c/OO.   f n erg y
                                                                             P.O. Box 3795
                                                                             Houston. TX 77253-3795




 December 30,2009

 Ms. Doreen Erickson
 6875 Bryant Road
 Cocoa, 	FL 32927
 Dear Ms. Erickson:

Beginning January 1, 2010 RRI Energy's Indian River Power Station will transition to mothball
status. 	 Indian River's term power purchase agreement (PPA) ends December 31,2009. RRI
has exhausted its options to secure a new PPA, including an RFP process open to all Florida
utilities, co-operatives and municipal utilities, as well as "one off" discussions with several
Florida 	utilities. Under mothball status, the station will not be available on a daily basis or
during periods of short-term or emergency demand( including hurricanes.

RRI will continue to pursue a PPA for Indian River. Maintaining the station in a mothball status
is not a permanent solution. RRI believes the Indian River Power Station is economically viable
and has a role to play in serving Florida customers in the long-term! and thus is not retiring the
station at this time. However! returning from mothball status is not a quick turnaround and will
require a PPA with sufficient purchase commitments to justify returning the Indian River station
to operation.

The Indian River team has built a strong relationship with the community through its Citizen's
Advisory Panel (CAP) and intends to stay involved with the CAP. RRI is committed to the health
and well-being of the environment and will continue to comply with all environmental
regulations.

Sincerely,

'1~jl,?~
Matthew J. Pistner
Vice President
West and South Gas Operations

cc: 	     PSC Chairman Nancy Argenziano
          PSC Commissioner Matthew M. Carter( II
          PSC Commissioner Lisa Polak Edgar
          PSC Commissioner David E. Klement
          PSC Commissioner Nathan A. Skop




{OOO95156.l/05-O134-1502}
                                                  1/6/2010 11:12 AM
Office of Commission Clerk Official Filing

Ruth Nettles                                                                                          lOOo0l-   €r
From:                  Filings@psc.state.fl.us
Sent:                  Wednesday, January06,ZOlO 11:lZ AM
To:                    'John.Butler@fpl.com'
cc:                    Dorothy Menasco; Marguerite McLean
Subject:               FW: Electronic Filing / Dkt 100001 / FPL's Notice of Intent to Retain Party Status


Dear Mr. Butler:

This message was delivered t o the electronic filings in-box. This message will be placed in correspondence
without further action.

A link t o the Commission's e-filing requirements is included for your convenience:
http://www.psc.state.fl.us/dockets/e-filings/

Please call our office if you have any questions.

Sincerely,

Ruth Nettles
Commission Deputy Clerk II
Office of Commission Clerk
850-413-6770



-----Original Message-----
From: Butler, John [mailto:John.Butler@fpl.com]
Sent: Wednesday, January 06,2010 9:56 AM
To: Jim Beasley; Filings@psc.state.fl.us
Cc: Lee Willis; 'jbrew@bbrslaw.com'; 'jas@beggslane.com'; 'rab@beggslane.com';'srg@beggslane.com';
'jmoyle@kagmlaw.com'; 'vkaufman@kagmlaw.com'; 'nhorton@lawfla.com'; Charles Beck;
'Kelly.jr@leg.state.fl.us'; 'mcglothlin.joseph@leg.state.fl.us'; Charles Rehwinkel; 'jmcwhirter@mac-law.com';
'john.burnett@pgnmail.com'; Jean Hartman; Keino Young; Lisa Bennett; 'shayla.mcneill@tyndall.af.mil';
'jlavia@yvlaw.net'; 'swright@yvlaw.net'
Subject: RE: Electronic Filing / Dkt 100001/ FPL's Notice of Intent t o Retain Party Status

Will do. Best regards, John

-----Original Message-----
From: Jim Beasley [mailto:jbeasley@ausley.com]
Sent: Wednesday, January 06,2010 9:55 AM
To: Butler, John; 'filings@psc.state.fI.us'
Cc: Lee Willis; 'jbrew@bbrslaw.com'; 'jas@beggslane.com'; 'rab@beggslane.com'; 'srg@beggslane.com';
'jmoyle@kagmlaw.com'; 'vkaufman@kagmlaw.com'; 'nhorton@lawfla.com'; 'beck.charles@leg.state.fl.us';
'Kelly.jr@leg.state.fl.us'; 'mcglothlin.joseph@leg.state.fl.us'; 'rehwinkel.charles@leg.state.fl.us';
'jmcwhirter@mac-law.com'; 'john.burnett@pgnmaiI.com'; 'jhartman@psc.state.fl.us';
                                                             1
                                                 1/6/2010 11:12AM
Office of Commission Clerk Official Filing
'kyoung@psc.state.fl.us'; 'Ibennett@psc.state.fl.us'; 'shayla.mcneill@tyndall.af.rnil'; 'jlavia@yvlaw.net';
'swright@yvIaw.net,
Subject: Re: Electronic Filing / Dkt 100001/ FPL's Notice o f Intent t o Retain Party Status

We would appreciate your adding regdept@tecoenergy.com to your distribution lists for any docket in which
Tampa Electric is a party. Many thanks!

Jim

>>> "Butler, John" <John.Butler@fpl.com> 1/6/2010 9:18 AM >>>
Electronic Filing




a.     Person responsible for this electronic filing:




John T. Butler, Esq.

700 Universe Boulevard

Juno Beach, FL 33408

561-304-5639

John.Butler@fpl.com<mailto:John.Butler@fpl.com>




b.     Docket No. 100001 - E l

In RE: Fuel and purchased power cost recovery clause with generating performance incentive factor




c.     The Document is being filed on behalf o f Florida Power & Light Company




d.     There are a total of 2 pages




e.     The document attached for electronic filing is Florida Power & Light Company's Notice of Intent t o
Retain Party Status

                                                         2
                                             1/6/2010 11:12 AM
Office of Commission Clerk Official Filing




John T. Butler

Managing Attorney

Florida Power & Light Company

    304-5639
(561)

    691-7135Fax
(561)

John.Butler@fpl.com<mailto:John.Butler@fpl.com>




                                                     3
                                                   1/6/2010 11:lOAM
Office of Commission Clerk Official Filing


                                                                                  ~     ~~    ~      ~~~~




From:                  Filings@psc.state.fl.us
Sent:                  Wednesday, January 06,2010 11:lO AM
To:                    'jbeasley@ausley.com'
CC:                    Dorothy Menasco; Marguerite McLean
Subject:               W:   Electronic Filing / Dkt 100001 / FPL's Notice of Intent toRetain Party Status


Dear Mr. Beasley:

This message was delivered t o the electronic filings in-box. This message will be placed in correspondence
without further action.

A link t o the Commission's e-filing requirements is included for your convenience:
http://www.psc.state.fl.us/dockets/e-filings/

Please call our office if you have any questions

Sincerely,

Ruth Nettles
Commission Deputy Clerk I1
Office of Commission Clerk
850-413-6770

-----Original Message-----
From: Jim Beasley (mailto:jbeasley@ausley.com]
Sent: Wednesday, January 06, 2010 9:55 AM
To: John Butler; Filings@psc.state.fl.us
Cc: Lee Willis; 'jbrew@bbrslaw.com'; 'jas@beggslane.com'; 'rab@beggslane.com'; 'srg@beggslane.com';
'jmoyle@kagmlaw.com'; 'vkaufman@kagmlaw.com'; 'nhorton@lawfla.com'; Charles Beck;
'Kelly.jr@leg.state.fl.us'; 'mcglothlin.joseph@leg.state.fl.us'; Charles Rehwinkel; 'jmcwhirter@mac-law.com'
'john.burnett@pgnmail.com'; Jean Hartman; Keino Young; Lisa Bennett; 'shayla.mcneill@tyndall.af.mil';
'jlavia@yvlaw.net'; 'swright@yvlaw.net'
Subject: Re: Electronic Filing / Dkt 100001/ FPL's Notice of Intent toRetain Party Status

We would appreciate your adding regdept@tecoenergy.com t o your distribution lists for any docket in which
Tampa Electric is a party. Many thanks!

Jim

>>> "Butler, John" <John.Butler@fpl.com> 1/6/2010 9:18 A M >>>
Electronic Filing




a.     Person responsible for this electronic filing:
                                                             1
                                               1/6/2010 11:lOAM
Office of Commission Clerk Official Filing




John T. Butler, Esq.

700 Universe Boulevard

Juno Beach, FL 33408

561-304-5639

John.Butler@fpl.com<mailto:John.Butler@fpl.com~




b.     Docket No. 100001- E l

In RE: Fuel and purchased power cost recovery clause with generating performance incentive factor




c.    The Document is being filed on behalf of Florida Power & Light Company.




d.     There are a total o f 2 pages




e.     The document attached for electronic filing is Florida Power & Light Company's Notice o f Intent t o
Retain Party Status




John T. Butler

Managing Attorney

Florida Power & Light Company

(561) 304-5639

(561) 691-7135 Fax


                                                       2
                                             1/6/2010 11:lO AM
Office of Commission Clerk Official Filing
John.Butler@fpl.com<mailto:John.Butler@fpl.com>




                                                     3

								
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