FPL vs City Position paper

Issue/Subject	FPL Position	City Position
Franchise Term in years	30 years	5 years
Franchise Fee Amount	5.9% of Residential, Commercial, and Industrial revenues, less certain offsets (certain taxes, license and permit fees, etc.)	5.9% of all retail revenues, no offsets
Interference with Pedestrian and Bicycle Traffic	FPL unwilling to agree to locate its poles and facilities so as not to unreasonably interfere with pedestrian and bicycle traffic	City wants agreement that FPL will not, after new franchise takes effect, locate its facilities in a manner that would unreasonably interfere with pedestrian and bicycle traffic
City’s Ability to Purchase “Regular” Electric Power from Others	City may purchase “regular” power from others, if permitted by law, subject to FPL having a “right of first refusal” or “ROFR” to match any offer	City may purchase “regular” power from others, if permitted by law, subject to the City’s conducting an all-comers RFP process, in which FPL may participate, but after which the winners win, and FPL has no ROFR
City’s Ability to Purchase Renewable Energy from Others	FPL has said that it will allow City to purchase renewable energy from others, subject to a ROFR that would entitle FPL to match any offer	City has proposed that it be allowed to purchase renewable energy from others, without interference from FPL, also subject to all-comers RFP process, but no ROFR
Renewable Energy and Conservation Initiatives	FPL asked for clarification as to City’s expectations; provided in 7/26 letter; awaiting response from FPL	City has asked FPL for non-discriminatory support for renewable energy and conservation initiatives, including assistance in meeting certain renewable and efficiency goals
Termination Rights in Event of Default or Breach of Franchise Agreement	If City defaults under the Franchise Agreement, FPL can terminate the franchise after giving notice; if FPL defaults, City can terminate the franchise, except that FPL gets to litigate dispute through all appeals, and then gets 6 months in which to “cure” the default	City has proposed that the City should have exactly the same opportunities to litigate, appeal, and cure any default determined by a court before FPL can terminate
Notice of Relocation or Refurbishment to Facilitate Undergrounding	FPL not willing to give advance notice to City of relocations or refurbishments	City has asked for advance notice of relocations and refurbishments, which would enable City to pursue undergrounding opportunities cost-effectively