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Storey v.Mayo,77 P.U.R.3d 411(1968) <br /> 217 So.2d 304 <br /> individuals would have appeal to courts or over function of privately owned utility in <br /> municipal council. suburban area, and which was entered into <br /> to avoid overlapping service and expensive <br /> 1 Cases that cite this headnote competitive activity was not invalid as being in <br /> restraint of trade,contrary to public interest,or <br /> [71 Electricity violative of equal protection.F.S.A.§§350.641, <br /> c,- Duty to Supply,Conditions,and 366.01 et seq.,366.03,366.05,366.10,366.11. <br /> Discrimination <br /> 1 Cases that cite this headnote <br /> Obligation of privately owned electric company <br /> was to furnish reasonably sufficient service <br /> to applicants therefor upon terms required by <br /> Public Service Commission.F.S.A.§366.03. Attorneys and Law Firms <br /> Cases that cite this headnote <br /> *305 Irving Peskoe,pm se, and for Robert L.Lewis, for <br /> petitioners and others directly affected. <br /> 181 Electricity <br /> z- Supply by Municipalities Robert M. C. Rose,Tallahassee,for Florida Public Service <br /> Evidence was sufficient to support conclusion Commission. <br /> that it was not reasonable to require privately *306 Phillip Goldman of Scott,McCarthy,Steel,Hector& <br /> owned electric utility to continue to service Davis,Miami,for Florida Power&Light Co. <br /> area, which was subject of agreement between <br /> privately owned utility and municipal utility that Vernon W.Turner of Turner&Hodson,Homestead,for City <br /> municipal utility would take over function of of Homestead. <br /> sen icing area.F.S.A.§366.05. <br /> Opinion <br /> Cases that cite this headnote <br /> THORNAL,Justice. <br /> [91 Electricity By petition for a writ of certiorari we have for review an order <br /> #,n Supply by Municipalities of the Florida Public Service Commission which approved <br /> Notice of hearing before Public Service a territorial service agreement between two electric utilities, <br /> Commission on application for approval of one being privately-owned and regulated by the state, the <br /> territorial service agreement between privately other being municipally owned and unregulated. <br /> owned electric utility and municipal utility was <br /> sufficient,where formal notice in adequate detail We must decide whether the subject agreement is invalid as <br /> was published and city notified all of its affected being in restraint of trade,contrary to the public interest,or <br /> customers by personally delivered letter well in isolative of equal protection requirements, <br /> advance of hearing. The Ci tyof Homestead, a municipal corporation, owns its <br /> 3 Cases that cite this headnote electric utility system It serves all residents in the City and <br /> some in adjacent non-municipal areas. Florida Power and <br /> Light Company is a privately-owned electric utility.It serves <br /> [10] Constitutional Law extensive areas along the east coast,lower west coast and <br /> a+- Carriers and Public Utilities; Railroads south central sections of Florida.Included in the Company's <br /> Electricity service territory is the non-municipal area surrounding <br /> rw- Supply by Municipalities Homestead.Because ofthemunicipal operation the Company <br /> Territorial service agreement between privately is not permitted to serve customers inside the city limits, <br /> owned electric utility and municipal electric However,prior to the subject agreement,the Company and <br /> utility, by which municipal utility would take the City actively competed for customers in the suburban <br /> areas.This, of course,required duplicating,paralleling and <br /> v':e_:n:-Next ®2094 Thomson Reuters.No claim to original U.S. Government Works. 2 <br /> SO <br />