Fla. Admin. Code Ann. R. 25-6.0440 - Territorial Agreements for Electric Utilities

(1) All territorial agreements between electric utilities must be submitted to the Commission for approval. Each territorial agreement must clearly identify the geographical area to be served by each utility. The submission must include:

(a) A map and a written description of the area,

(b) The terms and conditions pertaining to implementation of the agreement, and any other terms and conditions pertaining to the agreement,

(c) The number and class of customers to be transferred,

(d) Assurance that the affected customers have been contacted and the difference in rates explained,

(e) Information with respect to the degree of acceptance by affected customers, i.e., the number in favor of and those opposed to the transfer, and

(f) An official Florida Department of Transportation (DOT) General Highway County map for each affected county depicting boundary lines established by the territorial agreement. Upon approval of the agreement, any modification, changes, or corrections to this agreement must be approved by this Commission.

(2) Standards for Approval. In approving territorial agreements, the Commission may consider:

(a) The reasonableness of the purchase price of any facilities being transferred;

(b) The reasonable likelihood that the agreement, in and of itself, will not cause a decrease in the reliability of electrical service to the existing or future ratepayers of any utility party to the agreement;

(c) The reasonable likelihood that the agreement will eliminate existing or potential uneconomic duplication of facilities; and

(d) Any other factor the Commission finds relevant in reaching a determination that the territorial agreement is in the public interest.

(3) The Commission may require additional relevant information from the parties of the agreement, if so warranted.

Notes

Fla. Admin. Code Ann. R. 25-6.0440

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.