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Supreme Court of Florida THURSDAY, SEPTEMBER 28, 2000 CASE NOS.: SC95444; SC95445; SC95446 TAMPA ELECTRIC CO.; FLORIDA POWER CORP.; and FLORIDA POWER & LIGHT CO., Petitioner(s) vs. JOE GARCIA, et al., as the FLORIDA PUBLIC SERVICE COMMISSION; UTILITIES COMMISSION, CITY OF NEW SMYRNA BEACH; and DUKE ENERGY NEW SMYRNA BEACH POWER CO., LTD., LLP., Respondent(s) In light of the revised opinion, the Motions for Rehearing filed by Appellees Florida Public Service Commission, Duke Energy New Smyrna Beach Power Co., Ltd., L.L.P., the Utilities Commission, City of New Smyrna Beach, and Legal Environmental Assistance Foundation, are hereby denied. SHAW, HARDING, PARIENTE, LEWIS and QUINCE, JJ., concur. ANSTEAD, J., dissents. WELLS, C.J., recused as of the date of the filing of the Motion for Leave to Appear as Amicus Curiae on Rehearing and Incorporated Motion for Rehearing by Enron North America ( Enron ), and did not participate in the Motion for Rehearing. The Motion for Leave to Appear as Amicus Curiae on Rehearing filed by Enron North America ( Enron ) is hereby granted. HARDING, ANSTEAD, PARIENTE and LEWIS, JJ., concur SHAW and QUINCE, JJ., dissent. WELLS, C.J., recused as of the date of the filing of the Motion for Leave to Appear as Amicus Curiae on Rehearing and Incorporated Motion for Rehearing by Enron North America ( Enron ), and did not participate in the Motion for Rehearing. The Motion for Rehearing filed by Amicus Curiae, Enron North America ( Enron ), is hereby denied in light of the revised opinion. SHAW, HARDING, LEWIS and QUINCE, JJ., concur. ANSTEAD and PARIENTE, JJ., dissent. WELLS, C.J., recused as of the date of the filing of the Motion for Leave to Appear as Amicus Curiae on Rehearing and Incorporated Motion for Rehearing by Enron North America ( Enron ), and did not participate in the Motion for Rehearing. A True Copy Test: Served: Richard C. Bellak Stephen H. Grimes D. Bruce May Karen D. Walker Susan L. Kelsey Brent C. Bailey Robert Scheffel Wright John T. LaVia, III Alan C. Sundberg Steven G. Gey Gail Kamaras Alvin B. Davis John T. Butler Gabriel E. Nieto Matthew M. Childs Charles A. Guyton Robert Pass Joseph H. Lang, Jr. James A. McGee Jeff Froeschle Thomas R. Julin Bill L. Bryant Katherine E. Giddings Mark Seidenfeld Bruce May Susan L. Kelsey Daniel S. Pearson John C. Moyle, Jr. Robert J. Sniffen Leslie J. Paugh Grace A. Jaye David J. White William B. Willingham Michelle Hershel Terry L. Kammer Donald F. Santa, Jr. Edward M. Mullins Sandra K. Wolkov Sylvia H. Walbolt Gary L. Sasso 2 Harry W. Long, Jr. Lee L. Willis James D. Beasley 1
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