Section 25-6.0441 - Territorial Disputes for Electric Utilities(1) A territorial dispute proceeding may be initiated by a petition from an electric utility requesting the Commission to resolve the dispute. Additionally the Commission may, on its own motion, identify the existence of a dispute and order the affected parties to participate in a proceeding to resolve it. Each utility that is a party to a territorial dispute must provide a map and a written description of the disputed area along with the conditions that caused the dispute. Each utility party must also provide a description of the existing and planned load to be served in the area of dispute and a description of the type, additional cost, and reliability of electrical facilities and other utility services to be provided within the disputed area.(2) In resolving territorial disputes, the Commission may consider, in addition to the factors listed in Section 366.04(2)(e), F.S.:(a) The capability of each utility to provide reliable electric service within the disputed area with its existing facilities and the extent to which additional facilities are needed;(b) The nature of the disputed area, including population and the type of utilities seeking to serve it, the degree of urbanization of the area and its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services;(c) The cost of each utility to provide distribution and subtransmission facilities to the disputed area presently and in the future;(d) Any other factor the Commission finds relevant in reaching a determination that the resolution of the territorial dispute is in the public interest; and(e) If all other factors are substantially equal, customer preference.(3) The Commission may require additional relevant information from the parties of the dispute, if so warranted.(4) Upon resolution of each territorial dispute, the parties to the dispute must submit to the Commission an official Florida Department of Transportation (DOT) General Highway County map for each affected county depicting boundary lines established by the resolution of the territorial dispute.Fla. Admin. Code Ann. R. 25-6.0441
Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2), (4), (5), 366.05(7) FS.
New 3-4-90, Amended 2-13-96, Amended by Florida Register Volume 46, Number 141, July 21, 2020 effective 8/5/2020.New 3-4-90, Amended 2-13-96, 8-5-20.