Utilities Com'n of City of New Smyrna Beach v. Florida Public Service Com'n, 64147
| Court | United States State Supreme Court of Florida |
| Citation | 10 Fla. L. Weekly 177,469 So.2d 731 |
| Docket Number | No. 64147,64147 |
| Parties | 10 Fla. L. Weekly 177 UTILITIES COMMISSION OF the CITY OF NEW SMYRNA BEACH, Appellant, v. FLORIDA PUBLIC SERVICE COMMISSION, Appellee. |
| Decision Date | 21 March 1985 |
Page 731
v.
FLORIDA PUBLIC SERVICE COMMISSION, Appellee.
Rehearing Denied June 18, 1985.
Davisson F. Dunlap, Jr. of Pennington, Wilkinson & Dunlap, and Frederick M. Bryant of Moore, Williams & Bryant, Tallahassee, for appellant.
William S. Bilenky, Gen. Counsel and Carrie J. Hightman, Associate Gen. Counsel, Tallahassee, for appellee.
McDONALD, Justice.
This case is before us on a direct appeal from a final order of the Florida Public Service Commission (PSC) which disapproved a proposed territorial agreement on electric service between the Utilities Commission of the City of New Smyrna Beach (city) and Florida Power & Light (FP & L). We have jurisdiction. Art. V, § 3(b)(2),
Page 732
Fla. Const. The issue involved in this appeal is whether the PSC applied the proper standard in disapproving the territorial agreement. We find that it did not and reverse the order.The city and FP & L disagreed over the provision of electric services in the area surrounding the city. The PSC held a hearing on this dispute and entered an order dividing the disputed territory. The city appealed that order to this Court in case no. 61,308. While the appeal was pending, the city and FP & L agreed to settle the territorial dispute. This Court relinquished jurisdiction in case no. 61,308 and remanded to the PSC for consideration of the proposed territorial agreement.
On remand the PSC issued a preliminary order approving the proposed territorial agreement as being in the best interest of the public. The approval order would become final unless adversely affected persons petitioned the PSC for a formal proceeding. A group of utility customers, objecting to the transfer of customers in an area known as South Beach from FP & L to city electric service, petitioned for a formal proceeding. The PSC refused to approve the territorial agreement without a hearing, and this Court rejected the city's request for mandamus against the PSC. The PSC held hearings on the territorial agreement and then denied approval because transferring the South Beach area electric service from FP & L to the city would result in no substantial economic, reliability, or safety benefits to those affected customers. It did not say that anyone would be harmed by the agreement.
The PSC has jurisdiction "[t]o approve territorial agreements...
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