PR Request – Power Purchase Agreement by and between GRU and FL Solar 6, LLC
Kristie,
On May 13, 2020, at 11:28 AM, Public Records Request <PublicRecordsRequest@gru.com> wrote:
Mr. Skop, The redacted portions of the purchased power agreement are confidential trade secret information exempted pursuant to Sections 815.04 and 119.0713, Florida Statutes.
Kristie A. Williams
Utilities Administrative Services Director
Records Management Liaison Officer
(352) 393-1231
From: Public Records Request
Sent: Tuesday, May 12, 2020 7:49 AM
To: Nathan Skop <n_skop@hotmail.com>; Bielarski, Edward J <BielarskiEJ@gru.com>
Cc: Public Records Request <PublicRecordsRequest@gru.com>; Poe, Lauren B <POELB@cityofgainesville.org>; citycomm <citycomm@cityofgainesville.org>; DL_Utility Advisory Board <UAB@gru.com>; Shalley, Nicolle M. <shalleynm@cityofgainesville.org>; Alachua Chronicle <info@alachuachronicle.com>; Ray Douglas <doug.ray@gvillesun.com>; Levy Jon <jlevy@wcjb.com>; Tingler Lewis <Lewis.tingler@wcjb.com>; pbeck@wcjb.com; David Snyder <dsnyder@wcjb.com>; (WUFT) News <news@wuft.org>; CBS4 News <news@mycbs4.com>; Editor Alligator <editor@alligator.org>; Cindy Swirko <cindy.swirko@gvillesun.com>; cmorales@alligator.org; smandile@alligator.org; Scott Ward <wardscottfiles@gmail.com>
Subject: RE: Public Records Request
Mr. Skop, GRU is in receipt of the below public records request.
Upon review of your public records request, there may be multiple employees at the City of Gainesville and/or GRU who may be contacted in order to respond to your records request. If responding to and providing records responsive to your public records request requires extraordinary clerical/supervisory/technical assistance, a special service fee may be required before GRU can provide you with records responsive to your request. If your request will take more than 15 minutes of GRU Staff time to produce records responsive to your request, someone from GRU Staff will contact you with an estimate of any associated costs with producing those records responsive to your records request.
A member of GRU Staff will be in contact with you after we understand the amount of time involved to produce those public records responsive to your request. Due to limitations in staffing and access to records during the health emergency, there may be a longer response time to your request. We appreciate your understanding as we work through these limitations. Should you have any additional questions or public records requests, please email GRU at publicrecordsrequest@gru.com.
Thank you.
Kristie A. Williams
Utilities Administrative Services Director
Records Management Liaison Officer
(352) 393-1231
From: Nathan Skop [mailto:n_skop@hotmail.com]
Sent: Monday, May 11, 2020 6:30 PM
To: Bielarski, Edward J <BielarskiEJ@gru.com>
Cc: Public Records Request <PublicRecordsRequest@gru.com>; Poe, Lauren B <POELB@cityofgainesville.org>; citycomm <citycomm@cityofgainesville.org>; DL_Utility Advisory Board <UAB@gru.com>; Shalley, Nicolle M. <shalleynm@cityofgainesville.org>; Alachua Chronicle <info@alachuachronicle.com>; Ray Douglas <doug.ray@gvillesun.com>; Levy Jon <jlevy@wcjb.com>; Tingler Lewis <Lewis.tingler@wcjb.com>; pbeck@wcjb.com; David Snyder <dsnyder@wcjb.com>; (WUFT) News <news@wuft.org>; CBS4 News <news@mycbs4.com>; Editor Alligator <editor@alligator.org>; Cindy Swirko <cindy.swirko@gvillesun.com>; cmorales@alligator.org; smandile@alligator.org; Scott Ward <wardscottfiles@gmail.com>
Subject: Public Records Request
Dear Mr. Belarski:
Pursuant to Florida public records law, please provide me with an unredacted, electronic copy of the following public records:
1. A fully unredacted, electronic copy of the draft Power Purchase Agreement by and between GRU and FL Solar 6, LLC. The attached PDF file provides this agreement for your reference which was attached by GRU as backup for UAB meeting Agenda Item #191195.
To the extent that GRU refuses to provide me with a fully unredacted copy of this public record (notwithstanding GRU claims of full transparency and the Navigant recommendations in the wake of the biomass contract fiasco), then GRU is requested to immediately provide me with the statutory exemption, cited with specificity, applicable to each and every redaction as follows:
Page 5: The redacted dollar amount for the defined term ”Delay Damages”.
Page 6: The redacted dollar amount for the defined term “Development Period Security”.
Page 8: The redacted number of basis points above the Prime Rate for the defined term “Interest Rate”.
Page 11: The redacted number for the net tangible assets for the defined term “Qualified Institution”.
Page 18: The redacted dollar amount in 3.1(b) for the Buyer draw down in the event of Seller termination.
Page 20: Each of the redacted dollar and output production amounts shown in 3.5(a).
Page 28: Each of the redacted dollar amounts for liquidated damages shown in 4.2(c) and 4.2(d).
Page 47: The redacted dollar amount for Buyer Purchase Damages shown in 11.4.
Page 48: The redacted dollar amount for Seller Sales Damages shown in 11.5.
Page B-1 (Attachment B):
- The redacted dollar amount for the ”Contract Price” (expressed in $ per MWh).
- The redacted number for the “Test Energy Rate”.
Page C-1 (Attachment C): Each of the redacted numbers for energy delivery requirements in shown for years 1-20.
Page D-1 (Attachment D): Each of the redacted dollar amounts for insurance coverage in shown Paragraphs (ii) – (vii).
Page F-1-4 (Exhibit A): The redacted minimum dollar amount for Issuer transfer commisison.
Page I-1 (Attachment 1): Each of the redacted dollar amounts for the Option purchase price.
Page K-2 (Attachment K-2): For each redaction shown on Attachment K-2 (two pages).
Pursuant to Section 15.13(c)(ii) of the draft Agreement, GRU has “sole discretion” to find no basis for Seller’s redactions in accordance with Florida law.
Furthermore, GRU (notwithstanding GRU claims of full transparency and the Navigant recommendations in the wake of the biomass contract fiasco) has the sole negotiating authority to demand full transparency in the purchasing process as a condition precedent to entering into any long term contractual agreement.
The ongoing failure of GRU management and the City Commission to follow the Navigant recommendations in the wake of the biomass contract fiasco has necessitated the need for this public records request. The redactions at issue (e.g. dollar amounts) are excessive, overreaching, and not supported by Florida law.
Based upon the above, GRU is hereby requested to provide me with the fully unredacted, electronic copy of the draft Power Purchase Agreement by and between GRU and FL Solar 6, LLC.
Alternatively, if GRU refuses to provide me with the fully unredacted copy of this public record (notwithstanding GRU claims of full transparency and the Navigant recommendations in the wake of the biomass contract fiasco), then GRU is requested to immediately provide me with a written response citing with specificity the statutory exemption claimed for each and every redaction in the draft solar PPA as set forth above.
GRU is requested to provide the fully unredacted, electronic copy of the draft Power Purchase Agreement by and between GRU and FL Solar 6, LLC or a written response citing the statutory exemptions NO LATER THAN 5:00 pm ET on Wednesday, May 13, 2020.
On behalf of GRU customers, thank you in advance for your timely assistance with this request.
Sincerely,
Nathan A. Skop