Appeals court judges question how FPL can be charged for damages for lost power during Hurricane Irma

By Bruce Ritchie | 04/25/2024 06:19 AM EDT

The judges gave no indication when they would rule, nor did their questioning signal which way they were leaning.

Trees bend in the tropical storm wind along North Fort Lauderdale Beach Boulevard.

Attorneys for Florida Power & Light and another representing utility customers sparred in a state appeals court over a lawsuit that seeks to compensate those who lost power during Hurricane Irma in 2017. Chip Somodevilla/Getty Images

TALLAHASSEE, Florida — A lawyer representing Florida Power & Light Co. told a state appeals court Wednesday that it was impossible to calculate monetary damages against a utility for loss of electricity caused by a storm.

Stuart H. Singer, representing FPL, also told the three-judge panel of the 3rd District Court of Appeal that a 2023 state law change supported by the utility should send the case to the Public Service Commission for review.

He said it would be impossible to determine how much the utility should pay — or if it should pay at all — for any of the utility’s 4.5 million customer accounts that lost power. “You have 4.5 million people in this class,” Singer said. “Even if you look at the named plaintiffs they have widely varying damage claims.”

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The judges gave no indication when they would rule, nor did their questioning signal which way they were leaning.

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