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order to serve all of the customers in the City's service area approved <br />by the Commission's Territorial Orders. <br />Legal Background <br />The PSC's statutes applicable to the key issues in this case <br />include Sections 366.04(1), 366.04(2)(d)&(e), and 366.04(5), Florida <br />Statutes. <br />Section 366.04, Florida Statutes, sets forth the Legislature's <br />grant of jurisdiction to the Commission, and Section 366.04(1) <br />articulates the Legislature's clear mandate that the Commission's <br />jurisdiction is exclusive and superior to' that of all other state <br />agencies, political subdivisions, and other entities, specifically <br />including'counties and towns, providing in pertinent part as follows: <br />The jurisdiction conferred upon the commission shall be <br />exclusive and superior to that of all other boards, <br />agencies, political subdivisions, municipalities, towns, <br />villages, or counties, and, in case of .conflict therewith, <br />all lawful acts, orders, rules, and regulations of the <br />commission shall in each instance prevail. <br />Sections 366.04(2)(d)&(e), Florida Statutes, which set forth the <br />Commission's jurisdiction over territorial agreements and territorial <br />disputes, provide in pertinent part as follows: <br />(2) In the exercise of its jurisdiction, the commission <br />shall have power over electric utilities for the following <br />purposes:. <br />* * * <br />(d) To approve territorial agreements between and among <br />rural electric cooperatives, municipal electric utilities, <br />and other electric utilities under its. jurisdiction. <br />However, nothing in this chapter shall be construed to alter <br />existing territorial agreements as between the parties to <br />such agreements. <br />(e) To resolve, upon petition of a utility or on its own <br />motion, any territorial dispute involving service areas <br />between and among rural electric cooperatives, municipal <br />electric utilities, and other electric utilities under its <br />jurisdiction. In resolving territorial disputes, the <br />commission may consider, but not be limited to consideration <br />of, the ability of the utilities to expand services within <br />their own capabilities and the nature of the area involved, <br />6 <br />• <br />