Central Sewer: What to Expect at the Administrative Hearing

The Administrative Hearing for EU's central sewer application will take place over two days, January 28th and 29th, 2025 with a spillover day reserved on January 30th.

There are two parts to the Hearing: 1) The Technical Hearing and 2) The Customer Service Hearings. ​

----- THE TECHNICAL HEARING: What to Expect -----

This is the courtroom drama portion of the hearing. WE NEED YOU HERE TO SHOW THE COMMISSION HOW IMPORTANT THIS IS TO US. And if you attend the technical hearing, you might hear testimony that will affect what you say when you speak.

The participants are:
​1. The Parties of Record.

• Environmental Utilities, LLC (attorney: Martin Friedman, Esq.)
• PIE (attorney: Brad Kelsky, Esq.)
• Linda Cotherman (pro se intervenor)
• Little Gasparilla Island Preservation Alliance (attorneys: Robert Volpe and Valerie Hogencamp, Esquires)

2. The PSC Legal Staff (Jennifer Crawford, Daniel Dose and Major Thompson, Esquires)
3. The Commissioners (Commissioner LaRosa, Commissioner Passidomo, Commissioner Graham)

Each of the parties of record will be giving a brief opening statement.  Then each side will present their witnesses. Each of the witnesses will have to summarize their direct testimony in 3 minutes. After the summary, they will be subject to cross-examination. Witnesses in support of the application will testify first. The opposition will follow.

In this procedure, "friendly" cross-examination will not be allowed.  For example, PIE, Linda Cotherman and LGIPA’s attorneys may only question the witnesses from EU and the attorneys for EU may only question the witnesses from PIE, LGIPA and Linda Cotherman. 

Following the direct testimony and cross-examination, EU’s witnesses will present their rebuttal testimony. The opposition to gets to question these witnesses again about their rebuttal testimony.

​If you want to dig in the tall weeds, you can read the official “Pre-Hearing Order”. This contains all of the information about how the Technical Hearing will proceed.  TIP: Scroll down to page 6 Part VIII “Issues and Positions”. Here you can read the 14 issues identified by the PSC related to the application, the position on each issue taken by each of the parties and which witness will provide testimony on that issue. It’s an interesting read.

----- THE CUSTOMER SERVICE HEARINGS: What to Expect -----

This is the only opportunity for the stakeholders to speak directly to the Commissioners about this project. IT IS CRITICAL THAT WE HAVE A HUGE TURNOUT FOR THIS! The comments from Commissioner Clark on the right, tell you how important it is for you to be there.

Dates and times:
Tuesday, January 28th, 2025 starting at 6:00 PM
Wednesday, January 29th, 2025 starting at 9:30 AM
Spillover Day for Customer Service and/or Technical Hearings on Thursday, January 30th, 2025 starting at 9:30 AM.

Location: Tringali Park Recreation Center, 3460 N Access Rd, Englewood.

​There are two time slots for the customer service hearings, 1/28 evening and daytime 1/29.

​You can register to speak at either service hearing in one of three ways.

"​Today's hearing is a very important part of the process. In addition to the technical hearing that we held yesterday, the comments that are made in this hearing are going to be transcribed and will become an official part of the record that this Commission will use to ultimately make its decision. And so, I want you to know that we take your comments, not only the comments that you are providing today, but the written comments that have been provided to us as well, we take very seriously and take them into consideration."
From the transcript of the Customer Service Hearings, February 2022

1. You can register using the Commission’s online registration form. 
2. You may register to speak by calling the PSC at 1-850-413-7080 or by emailing [email protected]. Specify which date you would like to speak. Registration (online, phone or email) is open now.  
3. However, if you have not registered to speak prior to the service hearing, you may register when you arrive at the venue.

Speakers at the hearings are witnesses providing “public testimony”. Speakers should appear promptly at the beginning of the scheduled service hearing since the hearing may be adjourned early if no one is present to testify. Also, the speakers will be sworn in as a group at the beginning of each of the two service hearings.
​
Be aware that the Commissioners and parties of record are permitted to ask questions of the speakers. We are told this is rare but have seen instances of the attorneys asking questions of the speakers.

Please send an email to [email protected] to let us know if you will be attending to hear the technical portion and also if you are registering to speak to the Commission. It will help us monitor attendance and encourage more folks to participate.

----- NOTE -----

​If you absolutely cannot attend the hearings on 1/28-30, you can watch or listen to the proceedings on the live video broadcast the day of the hearings. Go to the Commission website at www.FloridaPSC.com. Look for the “Watch Live Broadcast” icon on the left side of the webpage. An audio only option is available by dialing 850-413-7999. The archived video will also be available after the hearings.