Florida utility sued for hurricane blackouts
We could all be rich if we get a power-cut this winter......
16:55 18Nov2005 RTRS-Florida utility sued for hurricane blackouts
By Jim Loney
MIAMI, Nov 18 (Reuters) - A Florida businessman has sued Florida
Power & Light over Hurricane Wilma's massive blackouts, accusing the
state's largest power company of gross negligence in failing to maintain
power poles and other equipment.
Wilma, which hit Florida on Oct. 24, knocked out electricity to
about 3.2 million FPL customers, leaving nearly 6.5 million people
without lights, refrigeration or air conditioning, some for weeks.
The lawsuit, filed on Thursday in Broward County Circuit Court,
seeks class-action status for the millions of people affected and
alleges FPL, a unit of FPL Group Inc. FPL.N, violated a statutory duty
to provide electricity.
"In our view of it, the hurricane is an act of God. The failure to
prepare is an act of man," said Philip Freidin, an attorney representing
plaintiff Peter Rabbino, a Broward County resident, and his company,
Legal Computer Consultants, Inc.
An FPL spokeswoman said the company had not seen the lawsuit and had
no comment.
FPL's performance in the wake of Wilma, a relatively weak Category 1
or Category 2 storm on the five-step scale of hurricane intensity when
it hit southeast Florida, has prompted civic groups and local
politicians to call for an investigation of the company's maintenance
practices.
Wilma knocked out power to about 98 percent of people in Miami-Dade,
Broward and Palm Beach counties, Florida's most populous area. It
damaged more than 200 substations and 10,000 power poles.
The Miami Herald reported FPL scrimped on tree-trimming, pole
inspections and basic maintenance, slashing operating and maintenance
costs per customer by 32 percent between 1991 and 2001.
"They have significantly decreased their maintenance costs in the
face of substantial profits," Freidin said. "They have had a tremendous
opportunity to prepare and their failure to prepare is what's
mystifying."
The lawsuit primarily seeks an injunction to force FPL to properly
maintain its system, Freidin said. It also asks for "consequential
damages," which could include the costs a business faced because it was
shut down due to a lack of electricity.
While FPL would not comment on the lawsuit, the company has
vigorously defended itself against accusations of faulty maintenance in
the wake of Wilma.
In an editorial-page response published in the Sun-Sentinel
newspaper on Tuesday, FPL President Armando Olivera said: "The fact is,
our service reliability is among the best in our industry and our
maintenance programs are aggressive and effective."
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