Monday, December 6, 1999
Florida Power Corp. v. Joe Garcia

Nos. 94,664 & 94,665

Place of Origin
South & Central Florida

Facts
In 1991 Florida Power Corp. entered into a contract, approved by the Florida Public Service Commission, with North Canadian Power to obtain electrical capacity and electrical power from it. A dispute later arose over payments, and in 1994 Florida Power requested a declaratory statement from the PSC interpreting the contract. The PSC dismissed the petition, holding it lacked jurisdiction. A North Canadian subsidiary filed suit seeking damages under the contract. In 1998 Florida Power again petitioned the PSC for a statement as to its interpretation of the contract when approved in 1991. The PSC dismissed on grounds that administrative finality prevented it from revisiting the issue. This appeal followed.