-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, F8HJBgXofdJZVs6FoH6KI9HJOLTW3PVCr7tQHtPcHqBoF0kK2iyMNQNWdGbuBkU0 zg8wPVqc4EO/9/UJi7m/Qw== 0001396530-08-000001.txt : 20080208 0001396530-08-000001.hdr.sgml : 20080208 20080208161329 ACCESSION NUMBER: 0001396530-08-000001 CONFORMED SUBMISSION TYPE: 10-D PUBLIC DOCUMENT COUNT: 12 CONFORMED PERIOD OF REPORT: 20080201 FILED AS OF DATE: 20080208 DATE AS OF CHANGE: 20080208 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FLORIDA POWER & LIGHT CO CENTRAL INDEX KEY: 0000037634 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 590247775 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-D SEC ACT: 1934 Act SEC FILE NUMBER: 002-27612 FILM NUMBER: 08589336 BUSINESS ADDRESS: STREET 1: 700 UNIVERSE BLVD CITY: JUNO BEACH STATE: FL ZIP: 33408 BUSINESS PHONE: 5616943715 MAIL ADDRESS: STREET 1: P O BOX 14000 CITY: JUNO BEACH STATE: FL ZIP: 33408 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FPL Recovery Funding LLC CENTRAL INDEX KEY: 0001396530 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRIC SERVICES [4911] IRS NUMBER: 770679907 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-D SEC ACT: 1934 Act SEC FILE NUMBER: 333-141357-01 FILM NUMBER: 08589335 BUSINESS ADDRESS: STREET 1: 700 UNIVERSE BOULEVARD CITY: JUNO BEACH STATE: FL ZIP: 33408 BUSINESS PHONE: (561) 694-4000 MAIL ADDRESS: STREET 1: 700 UNIVERSE BOULEVARD CITY: JUNO BEACH STATE: FL ZIP: 33408 10-D 1 form10d.htm FORM 10-D






UNITED STATES SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549




FORM 10-D




ASSET-BACKED ISSUER
DISTRIBUTION REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934




For the semiannual distribution period from May 22, 2007 to February 1, 2008



Commission File Number

 

IRS Employer Identification Number

333-141357-01

FPL RECOVERY FUNDING LLC
700 Universe Boulevard
Juno Beach, Florida 33408
561-694-4000
(Exact name of issuing entity as specified in its charter,
address of principal executive offices and telephone number)

77-0679907


333-141357

FLORIDA POWER & LIGHT COMPANY
(Exact name of depositor and sponsor as specified in its charter)

 



State or other jurisdiction of incorporation or organization of the issuing entity:  Delaware



Registered/reporting pursuant to (check one)


Title of class


Section 12(b)


Section 12(g)


Section 15(d)

Name of exchange
(If Section 12(b))

Senior Secured Bonds, Series A

[   ]

[   ]

[ X ]

[   ]


Indicate by check mark whether the registrant (1) has filed all reports to be filed by Section 13 or 15(d) of the Securities and Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports) and (2) has been subject to such filing requirements for the past 90 days. Yes    X      No _____

 

PART I - DISTRIBUTION INFORMATION

 

Item 1.  Distribution and Pool Performance Information


The response to Item 1 is set forth in part herein and in part is incorporated by reference to Exhibit 99(a).


The record date for distribution described in Exhibit 99(a) is January 31, 2008.


Introductory and explanatory information regarding the payments, material terms and parties described in Exhibit 99(a) is included in the Prospectus Supplement relating to the Senior Secured Bonds, Series A, dated May 17, 2007, and related Prospectus, dated May 17, 2007, of FPL Recovery Funding LLC (Issuing Entity) and Florida Power & Light Company (FPL), as Depositor, Servicer and Sponsor filed with the Securities and Exchange Commission (SEC) pursuant to Rule 424(b)(5) of the Securities Act of 1933 on May 21, 2007.



PART II - OTHER INFORMATION


Item 3.  Sales of Securities and Use of Proceeds


The Issuing Entity's registration statement on Form S-3 relating to Senior Secured Storm-Recovery Bonds (Senior Secured Bonds), as amended (Registration Statement), Commission File Nos. 333-141357 and 333-141357-01, was declared effective by the SEC on May 4, 2007.  The aggregate amount of Senior Secured Bonds registered, and the aggregate price of the offering amount registered, was $652 million.


The offering of the Senior Secured Bonds, Series A, in the aggregate principal amount of $652 million commenced on
May 4, 2007 and closed on May 22, 2007.  The Senior Secured Bonds, Series A are the only securities offered and sold to date under the Registration Statement.  Wachovia Capital Markets, LLC, the sole underwriter and purchaser of the Senior Secured Bonds, Series A, purchased the bonds for approximately $650 million.  The following sets forth additional information regarding the Senior Secured Bonds, Series A offering:



Tranche



Principal Amount



(millions)

A-1

$

124

A-2

$

140

A-3

$

100

A-4

$

288


From the effective date of the Registration Statement to February 1, 2008, the amount of expenses incurred for the account of the Issuing Entity in connection with the issuance and distribution of the Senior Secured Bonds, Series A consisted of approximately $2 million in selling commissions and approximately $6 million for other expenses, including approximately $0.4 million for expenses reimbursed to FPL, as Servicer, for a total of approximately $8 million.  After deducting the foregoing expenses, the net proceeds to the Issuing Entity were approximately $644 million.  The Issuing Entity used the proceeds from the sale of the Senior Secured Bonds, Series A to acquire the storm-recovery property relating to the Senior Secured Bonds, Series A from FPL, as described in the Registration Statement.


Item 9.  Exhibits


Exhibit
Number



Description

 


*3(i)


Certificate of Formation of FPL Recovery Funding LLC dated as of March 6, 2007 (filed as Exhibit 3.12 to Form S-3/A dated May 3, 2007, File No. 333-141357-01)

 


*3(ii)


Limited Liability Company Agreement of FPL Recovery Funding LLC dated as of April 16, 2007 (filed as Exhibit 3.13 to Form S-3/A dated May 3, 2007, File No. 333-141357-01)

 


*4


Indenture (including forms of Senior Secured Bonds), dated May 22, 2007 (filed as Exhibit 4.1 to Form 8-K dated May 22, 2007, File No. 333-141357-01)

 


*10(a)


Storm-Recovery Property Sale Agreement dated as of May 22, 2007 (filed as Exhibit 99.2 to Form 8-K dated May 22, 2007, File No. 333-141357-01)

 


*10(b)


Storm-Recovery Property Servicing Agreement dated as of May 22, 2007 (filed as Exhibit 99.1 to Form 8-K dated May 22, 2007, File No. 333-141357-01)

 


*10(c)


Administration Agreement dated as of May 22, 2007 (filed as Exhibit 99.3 to Form 8-K dated May 22, 2007, File No. 333-141357-01)

 


10(d)


Services and Indemnity Agreement dated as of April 12, 2007

 


99(a)


Semiannual Servicer Certificate, dated January 30, 2008

 


99(b)


Monthly Servicer Certificate, dated June 14, 2007

 


99(c)


Monthly Servicer Certificate, dated July 12, 2007

 


99(d)


Monthly Servicer Certificate, dated August 13, 2007

 


99(e)


Monthly Servicer Certificate, dated September 12, 2007

 


99(f)


Monthly Servicer Certificate, dated October 11, 2007

 


99(g)


Monthly Servicer Certificate, dated November 8, 2007

 


99(h)


Monthly Servicer Certificate, dated December 13, 2007

 


99(i)


Monthly Servicer Certificate, dated January 9, 2008

 


99(j)


Monthly Servicer Certificate, dated February 6 , 2008

_____________________

*Incorporated herein by reference


 

SIGNATURES


Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.


FPL RECOVERY FUNDING LLC
(Issuing Entity)


Date:  February 8, 2008


By: Florida Power & Light Company, as Servicer



K. MICHAEL DAVIS

K. Michael Davis
Vice President, Accounting and Chief Accounting Officer
of Florida Power & Light Company

EX-10.D 2 exhibit10d.htm EXHIBIT 10(D) This Services and Indemnity Agreement, dated as of (this "Agreement"), is among , a natural person, (the "GSS Representative"), Global Securitization Services, LLC ("Global") a Delaware limited liability company, , a (the "Company") and (the "Parent

Exhibit 10(d)

SERVICES AND INDEMNITY AGREEMENT

This Services and Indemnity Agreement, dated as of April 12, 2007 (this "Agreement"), is among Jill A. Gordon, a natural person, (the "GSS Representative"), Global Securitization Services, LLC ("Global") a Delaware limited liability company, FPL Recovery Funding LLC, a Delaware limited liability company (the "Company") and Florida Power & Light Company (the "Parent").

WHEREAS, it is necessary for the Company to have an independent manager as defined in the Certificate of Formation, dated as of March 6, 2007 (the "Formation Document"); and

WHEREAS, the GSS Representative is employed by Global and Global has agreed to have the GSS Representative serve as an independent manager of the Company.

NOW, THEREFORE, in consideration of the mutual promises herein contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:

Section 1.  Definitions.  Unless otherwise defined herein, capitalized terms used in this Agreement shall have the meanings assigned to such terms in the Formation Document.

Section 2.  The GSS Representative's Service as an Independent Manager.

(a)  The GSS Representative's service as an independent manager of the Company shall be subject to the terms of this Agreement. Nothing contained herein, however, shall be construed to require the GSS Representative to serve as an independent manager of the Company for any definite term. The GSS Representative shall have the right to resign in accordance with the terms of the Formation Document, or may be removed by the Parent, by written notice. In the event that the GSS Representative resigns as an independent manager of the Company, Global, unless it determines in the exercise of its reasonable discretion that it is not advisable to do so, shall provide another representative of Global to serve as an independent manager of the Company. The resignation or removal of the GSS Representative as an independent manager shall not operate to deprive Indemnitees (as such term is defined in Section 3 (a)) of the benefits of this Agreement.

(b)  In consideration of the GSS Representative's service as an independent manager, the Company shall pay to Global a fee in the amount of $3500 per year (the "Fee"). The Fee for the first year of this Agreement shall be due and payable by the Company to Global upon the execution of this Agreement, and such Fee for subsequent years shall be due and payable by the Company to Global no later than each respective anniversary date hereof. The Company acknowledges that the Fee shall be paid according to the terms of this agreement for so long as the GSS Representative serves as an independent manager of the Company.

(c)  Invoices will be sent to FPL Recovery Funding LLC, ACG/GO, 700 Universe Blvd, Juno Beach, FL 33408.

(d) The GSS Representative and Global hereby agree to keep all information regarding the Company and the transactions to which the Company is a party confidential, except as may be required by law to be disclosed. The GSS Representative and Global agree, if legally permitted, to promptly notify the Company and the Parent of such request so that the Company or the Parent may seek a protective order or other appropriate remedy, at the Company's sole expense.

(e)  The Company agrees to inform the GSS Representative and Global, as necessary, in a timely manner of any matters, changes or potential issues that may be considered material to the Company's business.

(f)  For so long as this Agreement remains in effect, to the extent that the Company or any of its affiliates maintains a managers and officers insurance policy which covers any manager of the Company, the GSS Representative shall be covered on no less favorable terms than those provided to other managers.

Section 3.  Indemnification by Parent.

(a)  In consideration of the GSS Representative's agreement to serve as an independent manager of the Company, recognizing that the Parent of the Company benefits from such service, and subject to Sections 3(b), 4 and 6, the Parent and the Company hereby agree to indemnify and hold the GSS Representative and Global (collectively, the "Indemnitees") harmless from and against any and all claims, liabilities, losses, damages, judgments, settlements, costs and expenses (including, without limitation, court costs and reasonable attorneys' fees and disbursements) (individually, a "Loss" and collectively, "Losses") that Indemnitees may sustain or incur as a result of (i) the GSS Representative's service as an independent manager of the Company or (ii) any act or omission that the GSS Representative is alleged to have taken or omitted to take as an independent manager and of the Company, in either case irrespective of the time when the claim giving rise to such Loss or Losses is asserted or when the amount of such Loss or Losses is established, excluding however any Losses resulting from the gross negligence or willful misconduct of any Indemnitee.

b)  Upon Indemnitees' written verification to the reasonable satisfaction of the Parent of the amount and cause of any Loss or Losses incurred by Indemnitees, the Parent shall pay each such Loss covered by this Section directly as and when due to the Indemnitee entitled thereto.

Section 4.  Duty to Defend; Advance of Expenses. If any judicial or administrative proceeding, or threatened proceeding, including any government investigation, whether civil, criminal or otherwise (individually, an "Action" and collectively, "Actions"), is asserted, commenced or brought against Indemnitees for which Indemnitees may be indemnified by the Parent pursuant to Section 3(a), the Parent shall retain and direct counsel to defend such Action, and shall permit Indemnitees to monitor the defense thereof. Indemnitees shall have the right to approve such counsel, such approval not to be unreasonably withheld. Indemnitees shall cooperate fully with the Parent and with such counsel in such defense. The Parent shall assume responsibility for the payment of all reasonable fees and disbursements of such counsel.

Section 5.  Reimbursement by Indemnitees.  Global hereby agrees that if a Court of competent jurisdiction, through a final order, verdict or appellate decision, determined that an Indemnitee hereunder is not entitled to indemnification because of the provisions of Section 3(a) and the Parent shall have paid any amounts to or on behalf of such Indemnitees, then promptly after the last of such determinations shall have been made, Global shall repay all amounts paid by the Parent to or on behalf of such Indemnitee in connection with those matters as to which it has been determined that such Indemnitee is not entitled to indemnification.

Section 6.  Notice of Claims.  If any Indemnitee receives complaints, claims or other notices of any Actions, Losses or other liabilities that may give rise to indemnification under Section 3, such Indemnitee shall promptly notify the Parent of each such complaint, claim or other notice; but the omission to so notify the Parent shall not relieve the Parent from any liability under this Agreement.

Section 7.  No Lawsuits.  The Parent agrees that it will not assert, commence or bring any Action against Indemnitees, or prosecute any lawsuit in state or federal court against Indemnitees on account of the GSS Representative's service as an independent manager of the Company, or of any act or omission by Indemnitees covered by the Parent's agreement to indemnify under Section 3, except to the extent of any gross negligence or willful misconduct on the part of such Indemnitee.

Section 8.  Notices.  Any notice or other communication under this Agreement shall be in writing and deemed given upon receipt by a party at its address set forth on the signature page hereof or at such other address as such party shall hereafter furnish in writing.

Section 9.  Counterparts; Modification; Headings.

(a)  This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument, and any party may execute this Agreement by signing any such counterpart.

(b)  This Agreement may be executed by facsimile transmission and electronic mail, and such facsimile and electronic mail signatures shall be binding, of full force and effect and treated as original signatures.

(c)  No modification of this Agreement shall be binding unless executed in writing by the parties hereto or their respective successors and permitted assigns.

(d)  Section headings are not part of this Agreement, they are solely for convenience of reference and shall not affect the meaning or interpretation of any provisions of this Agreement.

Section 10.  Successors and Assigns; Sole Benefit.  This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Nothing expressed or referred to herein is intended or shall be construed to give any person other than the parties hereto and their respective heirs, executors, administrators, successors and assigns any legal or equitable rights, remedies or claims under or with respect to any provisions of this Agreement. No party hereto may assign its obligations under this Agreement without the prior consent of the other parties hereto.

Section 11.  Agreement Not Exclusive.  The right to indemnification provided to Indemnitees under this Agreement shall be independent of, and neither subject to nor in derogation of, any other rights to indemnification or exculpation to which the GSS Representative may be entitled, including, without limitation, any such rights that may be asserted under any other agreement, applicable corporate law, the Formation Document or any other contract or insurance.

Section 12.  No Petition.  The GSS Representative and Global hereby covenant and agree that they will not institute against, or join any other person instituting against, the Company any bankruptcy, reorganization, arrangement, insolvency or liquidation proceedings, or other similar proceedings under the laws of any jurisdiction.

Section 13.  Costs of Enforcement.  The Parent shall pay all reasonable costs and expenses incurred by Indemnitees in the enforcement of their rights under this Agreement, including, without limitation, all court costs and reasonable attorney's fees.

Section 14.  Severability.  If any provision of this Agreement, or the application thereof to any person, place or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Agreement and such provisions as applied to other persons, places and circumstances shall remain in full force and effect.

Section 15.  No Violation of Law.  Parent shall be relieved of any obligation to make payment of an amount to an Indemnitee pursuant to the terms of this Agreement if payment of such amount would constitute a violation by Parent of applicable law or regulation, but only so long as, and only to the extent that, such payment constitutes such a violation.

Section 16.  Governing Law.  This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New York, without reference to applicable principles of conflict of laws. All disputes hereunder shall be submitted to binding arbitration before the American Arbitration Association in New York, New York.

Section 17.  Affect of Other Agreements.  Notwithstanding anything in this agreement, any payment obligation of the Company is subject to the provisions of any indenture securing the payment of bonds issued by the Company.

 

 

 

SIGNATURE PAGE TO FOLLOW

 

 

 

 

IN WITNESS WHEREOF, the GSS Representative has hereunto set his hand, and each of the other parties hereto has caused this Agreement to be executed by its duly authorized officers, as of the day and year first above written.

 

 

 

JILL A. GORDON

 

Jill A. Gordon

     
 

Address:

c/o Global Securitization Services,

   

LLC

   

445 Broad Hollow Road, Suite 239

   

Melville, NY 11747

   
 

GLOBAL SECURITIZATION SERVICES, LLC

   
   
   
 

By:

JILL A. GORDON

 

Name:

Jill A. Gordon

 

Title

Vice President

 

Address:

445 Broad Hollow Road, Suite 239

   

Melville, NY 11747

     
     
     
 

FPL RECOVERY FUNDING LLC

     
     
     
 

By:

KATHY BEILHART

 

Name:

Kathy Beilhart

 

Title:

Assistant Treasurer

 

Address:

700 Universe Boulevard

   

Juno Beach, FL 33408

     
     
 

FLORIDA POWER & LIGHT COMPANY

     
     
     
 

By:

KATHY BEILHART

 

Name:

Kathy Beilhart

 

Title:

Assistant Treasurer

 

Address:

700 Universe Boulevard

   

Juno Beach, FL 33408

 

EX-99.A 3 exhibit99a.htm EXHIBIT 99(A) EXHIBIT G

Exhibit 99(a)

SEMIANNUAL SERVICER CERTIFICATE

Pursuant to Section 3.01(b)(iii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY, as servicer and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify, for the February 1, 2008 Payment Date, as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement. References herein to certain sections and subsections are references to the respective sections of the Agreement.

1.

Estimated Storm-Recovery Charges and Aggregate Amounts Available for the Current Payment Date:

     
 

i.

Amount Remitted May 2007: $0.00

 

ii.

Amount Remitted June 2007: $4,306,320.77

 

iii.

Amount Remitted July 2007: $5,639,307.35

 

iv.

Amount Remitted August 2007: $8,054,016.68

 

v.

Amount Remitted September 2007: $6,338,804.20

 

vi.

Amount Remitted October 2007: $6,428,105.04

 

vii.

Amount Remitted November 2007: $6,921,540.14

 

viii.

Amount Remitted December 2007: $4,197,038.38

 

ix.

Amount Remitted January 2008: $5,405,034.91

 

x.

Total Amount Remitted for this Period (sum of i. through ix. above): $47,290,167.47

 

xi.

Net Earnings on General Account: $638,884.50

 

xii.

Operating Expenses Paid to Date: $3,500

 

xiii.

General Subaccount Balance (sum of x. and xi. above minus xii.): $47,925,551.97

 

xiv.

Excess Subaccount Balance: $0.00

 

xv.

Capital Subaccount Balance: $3,364,720.45

 

xvi.

Defeasance Subaccount Balance: $0.00

 

xvii.

Collection Account Balance (sum of xiii. through xvi. above): $51,290,272.42


2.


Principal Balance Outstanding as of Prior Payment Date by Tranche:

     
 

i.

Tranche A-1

$124,000,000.00

 

ii.

Tranche A-2

$140,000,000.00

 

iii.

Tranche A-3

$100,000,000.00

 

iv.

Tranche A-4

$288,000,000.00

 

v.

Total:

$652,000,000.00


3.


Required Funding/Payments as of Current Payment Date:

     
 

a)

Projected Principal Balances and Payments

     
   

Projected Principal Balance

 

Principal Due

           
 

i.

Tranche A-1

$ 99,784,541.00

 

$24,215,459.00

 

ii.

Tranche A-2

$140,000,000.00

 

$0.00

 

iii.

Tranche A-3

$100,000,000.00

 

$0.00

 

iv.

Tranche A-4

$288,000,000.00

 

$0.00

 

v.

Total:

$627,784,541.00

 

$24,215,459.00

 


b)


Required Interest Payments

             
   


Interest Rate

 

Days in
Applicable Period

 


Interest Due

               
 

i.

Tranche A-1

5.0530%

 

249

 

$4,333,789.67

 

ii.

Tranche A-2

5.0440%

 

249

 

$4,884,273.33

 

iii.

Tranche A-3

5.1273%

 

249

 

$3,546,382.50

 

iv.

Tranche A-4

5.2555%

 

249

 

$10,468,956.00

 

v.

Total:

       

$23,233,401.50

     
 

c)

Projected Subaccount Payments and Levels

   

Subaccount Funding

 

Projected Level

 

Funding Required

Capital Subaccount

 

$3,260,000.00

 

$0.00

         


4.


Allocation of Remittances as of Current Payment Date Pursuant to Section 8.02 of Indenture:

     
 

a)

Operating Expenses

     
 

i.

Trustee Fees and Expenses:

$0.00

 

ii.

Servicing Fee:

$225,483.33

 

iii.

Administration Fee:

$86,458.33

 

iv.

Other Operating Expenses (subject to [ $ _N/A_ ] cap):

$0.00

 

v.

Total:

$311,941.66

     
 

b)

Interest

     

Aggregate

 

i.

Tranche A-1

$4,333,789.67

 

ii.

Tranche A-2

$4,884,273.33

 

iii.

Tranche A-3

$3,546,382.50

 

iv.

Tranche A-4

$10,468,956.00

 

v.

Total:

$23,233,401.50

       
 

c)

Principal

     

Aggregate

 

i.

Tranche A-1

$24,215,459.00

 

ii.

Tranche A-2

$0.00

 

iii.

Tranche A-3

$0.00

 

iv.

Tranche A-4

$0.00

 

v.

Total:

$24,215,459.00

     
 

d)

Other Payments

     
 

i.

Operating Expenses (in excess of [$______]):

$0.00

 

ii.

Funding of Capital Subaccount (to required amount):

$0.00

 

iii.

Interest Earnings on Capital Subaccount to FPL Recovery Funding, LLC

$0.00

 

iv.

Deposits to Excess Subaccount:

$164,749.81

 

v.

Total:

$164,749.81


5.


Outstanding Principal Balance and Collection Account Balance as of Current Payment Date (after giving effect to payments to be made on such Payment Date):

     
 

a)

Principal Balance Outstanding:

     
 

i.

Tranche A-1

$99,784,541.00

 

ii.

Tranche A-2

$140,000,000.00

 

iii.

Tranche A-3

$100,000,000.00

 

iv.

Tranche A-4

$288,000,000.00

 

v.

Total:

$627,784,541.00

     
 

b)

Collection Account Balances Outstanding:

     
 

i.

Capital Subaccount:

$3,364,720.45

 

ii.

Excess Subaccount:

$164,749.81

 

iii.

Defeasance Subaccount Balance:

$0.00

 

iv.

Total:

$3,529,470.26


6.


Shortfalls in Interest and Principal Payments as of Current Payment Date (if applicable):

     
 

a)

Interest Shortfall

     
 

i.

Tranche A-1

$0.00

 

ii.

Tranche A-2

$0.00

 

iii.

Tranche A-3

$0.00

 

iv.

Tranche A-4

$0.00

 

v.

Total:

$0.00

     
 

b)

Principal Shortfall

     
 

i.

Tranche A-1

$0.00

 

ii.

Tranche A-2

$0.00

 

iii.

Tranche A-3

$0.00

 

iv.

Tranche A-4

$0.00

 

v.

Total:

$0.00


7.


Shortfalls in Capital Subaccount as of Current Payment Date (if applicable):

   
 

Not Applicable.

   


8.


Storm-Recovery Charges in Effect (By Class) For This Period:

   
 

Refer to attachment 1 for storm-recovery charges in effect (by class) for this period.

   

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Semiannual Servicer Certificate this 30th day of January 2008.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

K. MICHAEL DAVIS

 

Name:

K. Michael Davis

 

Title:

Vice President, Accounting and Chief Accounting Officer

 

 

 


Florida Power & Light Company

 

First Revised Sheet No. 8.040
Cancels Original Sheet No. 8.040

       

STORM CHARGE

       

The following charges are applied to the Monthly Rate of each rate schedule as indicated and are calculated in accordance with the formula approved by the Public Service Commission.

Cents/kwh

Cents/kwh

           



Rate Schedule

 

Storm Bond
Repayment
Charge

 


Storm Bond
Tax Charge

 


Total Storm Charge

             

RS-1, RST-1

 

0.074

 

0.024

 

0.098

             

GS-1, GST-1, WIES-1

 

0.065

 

0.021

 

0.086

             

GSD-1, GSDT-1, HLFT,
SDTR (21-499 KW)

 


0.045

 


0.015

 


0.060

             

GSLD-1, GSLDT-1, HLFT,
SDTR (500-1,999 KW)

 


0.040

 


0.013

 


0.053

             

CS-1, CST-1

 

0.045

 

0.015

 

0.060

             

GSLD-2, GSLDT-2,
HLFT, SDTR (2000+ KW)

 


0.033

 


0.011

 


0.044

             

CS-2, CST-2

 

0.050

 

0.017

 

0.067

             

GSLD-3, GSLDT-3,
CS-3, CST-3

 


0.006

 


0.002

 


0.008

             

OS-2

 

0.205

 

0.066

 

0.271

             

MET

 

0.051

 

0.017

 

0.068

             

CILC-1(G)

 

0.043

 

0.014

 

0.057

             

CILC-1(D)

 

0.031

 

0.010

 

0.041

             

CILC-1(T)

 

0.007

 

0.002

 

0.009

             

SL-1, PL-1

 

0.531

 

0.172

 

0.703

             

OL-1

 

0.575

 

0.186

 

0.761

             

SL-2, GSCU-1

 

0.025

 

0.008

 

0.033

             

SST-1(T), ISST-1(T)

 

0.006

 

0.002

 

0.008

             

SST-1(D1), SST-1(D2)
SST-1(D3), ISST-1(D)

 

0.132

 

0.042

 

0.174

             

Issued by:

S. E. Romig, Director, Rates and Tariffs

Effective by:

November 1, 2007

Attachment 1

EX-99.B 4 exhibit99b.htm EXHIBIT 99(B) EXHIBIT C

Exhibit 99(b)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: May 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 2,606,240,947 KWH

b)

Applicable Storm-Recovery Charges: $0.000632917

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $1,649,533.11

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $1,649,533.11

e)

Total Storm-Recovery Charges Remitted this Month: $0.00

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $0.00

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $0.00

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,260,000.00

d)

Defeasance Subaccount Balance: $0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 14 day of June 2007.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

EX-99.C 5 exhibit99c.htm EXHIBIT 99(C) EXHIBIT C

Exhibit 99(c)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: June 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 9,086,669,337 KWH

b)

Applicable Storm-Recovery Charges: $0.000654777

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $5,949,745.13

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $7,599,278.24

e)

Total Storm-Recovery Charges Remitted this Month: $4,306,320.77

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $4,306,320.77

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $4,306,320.77

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,264,368.65

d)

Defeasance Subaccount Balance: $0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 12th day of July 2007.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

EX-99.D 6 exhibit99d.htm EXHIBIT 99(D) EXHIBIT C

Exhibit 99(d)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: July 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 10,150,866,208 KWH

b)

Applicable Storm-Recovery Charges: $0.000661541

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $6,715,216

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $14,314,494.24

e)

Total Storm-Recovery Charges Remitted this Month: $5,639,307.33

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $9,945,628.10

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $9,957,024.63

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,278,911.31

d)

Defeasance Subaccount Balance: $0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 13th day of August 2007.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

EX-99.E 7 exhibit99e.htm EXHIBIT 99(E) EXHIBIT C

Exhibit 99(e)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: August 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 10,223,402,839 KWH

b)

Applicable Storm-Recovery Charges: $0.000663357

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $6,781,768

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $21,096,262.07

e)

Total Storm-Recovery Charges Remitted this Month: $8,054,016.68

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $17,999,644.78

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $18,038,978.51

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,293,444.48

d)

Defeasance Subaccount Balance: $0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 12th day of September 2007.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

EX-99.F 8 exhibit99f.htm EXHIBIT 99(F) EXHIBIT C

Exhibit 99(f)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: September 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 10,696,164,689 KWH

b)

Applicable Storm-Recovery Charges: $0.000663535

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $7,097,281

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $28,193,543.03

e)

Total Storm-Recovery Charges Remitted this Month: $6,338,804.20

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $24,338,448.98

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $24,444,531.15

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,308,345.79

d)

Defeasance Subaccount Balance: $0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 11th day of October 2007.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

EX-99.G 9 exhibit99g.htm EXHIBIT 99(G) EXHIBIT C

Exhibit 99(g)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: October 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 9,553,813,833 KWH

b)

Applicable Storm-Recovery Charges: $0.000654549

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $6,253,441

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $34,446,984.30

e)

Total Storm-Recovery Charges Remitted this Month: $6,428,105.04

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $30,766,554.02

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $30,967,280.73

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,322,719.15

d)

Defeasance Subaccount Balance: $0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 08th day of November 2007.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

EX-99.H 10 exhibit99h.htm EXHIBIT 99(H) EXHIBIT C

Exhibit 99(h)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: November 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 8,459,530,643 KWH

b)

Applicable Storm-Recovery Charges: $0.000621195

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $5,255,017.36

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $39,702,001.66

e)

Total Storm-Recovery Charges Remitted this Month: $6,921,540.14

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $37,688,094.16

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $38,014,214.13

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,337,186.71

d)

Defeasance Subaccount Balance: $0.00

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 13th day of December 2007.

 

 

 

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

By:

Director Corporate Accounting.

EX-99.I 11 exhibit99i.htm EXHIBIT 99(I) EXHIBIT C

Exhibit 99(i)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Period Ending: December 2007

A:  Billings and Remittances:

a)

kWh Consumption during Month: 8,118,657,626 KWH

b)

Applicable Storm-Recovery Charges: $0.000616129

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $5,002,141.21

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $44,704,142.87

e)

Total Storm-Recovery Charges Remitted this Month: $4,197,038.38

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $41,885,132.54

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance: $42,354,157.69

b)

Reserve Subaccount Balance: $0.00

c)

Capital Subaccount Balance: $3,350,777.73

d)

Defeasance Subaccount Balance: $0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 9th day of January 2008.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

EX-99.J 12 exhibit99j.htm EXHIBIT 99(J) EXHIBIT C

Exhibit 99(j)

MONTHLY SERVICER CERTIFICATE

 

Pursuant to Section 3.01(b)(ii) of the Storm-Recovery Property Servicing Agreement, dated as of May 22nd, 2007 (the "Agreement"), between FLORIDA POWER & LIGHT COMPANY as Servicer (the "Servicer"), and FPL RECOVERY FUNDING LLC, the Servicer does hereby certify as follows:

Capitalized terms used herein have their respective meanings as set forth in the Agreement.

For the Monthly Billing Period: January 2008

A:  Billings and Remittances:

a)

kWh Consumption during Month: 8,399,773,134 KWH

b)

Applicable Storm-Recovery Charges: $0.000615135

c)

Total Storm-Recovery Charges Amount Invoiced this Month: $5,166,992.93

d)

Cumulative Storm-Recovery Charges Amount Invoiced this Remittance Period: $49,871,135.80

e)

Total Storm-Recovery Charges Remitted this Month: $5,405,034.91

f)

Cumulative Storm-Recovery Charges Amount Remitted this Remittance Period: $47,290,167.45

B.  Balances in Subaccounts (at end of month):

a)

Collection Account Balance:

$47,925,551.97

 

b)

Reserve Subaccount Balance:

$0.00

 

c)

Capital Subaccount Balance:

$3,364,720.45

 

d)

Defeasance Subaccount Balance:

$0.00

 

 

 

 

IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate this 6th day of February 2008.

 

 

FLORIDA POWER & LIGHT COMPANY,

 

as Servicer

     
 

By:

JERRY SOBEL

 

Name:

Jerry Sobel

 

Title:

Director Corporate Accounting.

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