PNJ reporter Jim Little reports that Pensacola Energy lost the class-action lawsuit regarding the franchise fees charged customers inside the city limits. According to a press release sent to the daily newspaper by the attorneys representing Eric Frank, the City of Pensacola’s natural gas utility may have to refund $18 million to $20 million.
We’re analyzing our options at this point, so I won’t speculate on what we are looking at as a potential appeal,” Mayor D.C. Reeves said on “Real News” this morning.
“Look, certainly a law firm press release saying that this has happened sometimes leaves out a couple of the logistical details. Like this could be a while. There’s a lot to work through, even if we were to not appeal. And again, that’s what we’re considering, even that it could be a long, long time.”
He continued, “So more to come on this. We’re just in the stage now of we’re analyzing our best legal path forward here.”
Dig Deeper
According to the court documents, Judge Jan Shackelford issued a Partial Summary Judgment:
The Defendant (City of Pensacola is hereby enjoined from charging and collecting Franchise Fees from the Municipal Customers.
The Defendant shall return ot the Municipal Customers al Franchise Fees (and the utility service taxes thereupon) charged to and collected from the Municipal Customers after August 5, 2011.
D. Therefore, the Plaintiff shall take from Defendant:
a. All Franchise Fees charged to and collected from the Municipal Customers after August 5, 2011;
b. All utility service taxes charged to and collected from the Municipal Customers on the Franchise Fees contemplated in subparagraph (a), above; ” The rate reduction applied ot al the City’s natural gas customers, not just those who resided within the city. The County imposed its own franchise fee on the
c. Prejudgment interest as provided by law upon the amounts contemplated in subparagraphs (a) and (b), above;
d. The amounts contemplated in subparagraphs (a) and (b), above, shall bear interest from the date hereof at the rate of 9.46% a year; and
e. All for which let execution issue.
E. The Court hereby retains jurisdiction of this action to enter such further orders and take such further actions as may be appropriate including, but not limited to, those pertaining to determining and/or clarifying the specific amounts contemplated in Paragraph D, above; oversight and administration of the certified class and the claims process applicable thereto; determination and award, as appropriate, of taxable costs and attorney’s fees; and al such other matters as contemplated by or pertaining to rule 1.220, Florida Rules of Civil Procedure.
F. The parties have no right to a direct appeal at this time because this is not a final order.
Read 13-6-59-963
