Florida Public Service Commission native order document 02028-2024

Order No. PSC-2024-0103-PAA-EUFlapubserv

Full text

FILED 4/18/2024
DOCUMENT NO. 02028-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Joint petition for approval of
modification to territorial agreement in Sumter
County, by Sumter Electric Cooperative, Inc.
and the City of Bushnell.
DOCKET NO. 20230140-EU
ORDER NO. PSC-2024-0103-PAA-EU
ISSUED: April 18 , 2024
The following Commissioners participated in the disposition of this matter:
MIKE LA ROSA, Chairman
ARTGRAHAM
GARYF.CLARK
ANDREW GILES FAY
NOTICE OF PROPOSED AGENCY ACTION
ORDER APPROVING MODIFICATION TO
TERRITORIAL AGREEMENT
BY THE COMMISSION:
NOTICE is hereby given by the Florida Public Service Commission that the action
discussed herein is preliminary in nature and will become final unless a person whose interests
are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029,
Florida Administrative Code (F.A.C.).
Background
On December 27, 2023, Sumter Electric Cooperative, Inc. (SECO) and the City of
Bushnell (City or Bushnell), collectively the joint petitioners, filed a petition seeking our
approval of a Modification to their Territorial Agreement in Sumter County, Florida. SECO and
Bushnell are parties to a currently effective territorial agreement delineating their respective
service territories in Sumter County and the proposed changes at issue are detailed in the Second
Amendment to Territorial Agreement (second amendment), which was inadvertently omitted in
the original filing, but was provided on December 28, 2023 as an errata filing. 1 The second
amendment, with signature pages, maps and legal descriptions is attached hereto as Attachment
A. The second amendment seeks our approval to transfer two parcels (Nl4-013, Nl4-015) from
Bushnell to SECO by mutual agreement, asserting that SECO can timely and economically serve
the new construction projects on each parcel. As discussed in more detail below, SECO has been
'Do cument No. 06769-2023, Errata filing for Joint petition for approval of modification to territorial agreement in
Sumter County, by Sumter Electric Cooperative, Inc. and the City of Bushne ll.
ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 2
serving the two new residential customers on the subject parcels pursuant to a temporary service
agreement signed between the two utilities.
SECO and Bushnell are parties to a currently effective territorial agreement we approved
in 2020 that sets forth their respective service territories in Sumter County, Florida (original
Territorial Agreement).2 Prior to the instant filing, we approved the First Amendment to
Territorial Agreement in 2022.3
During the review process, our staff issued two data requests to the joint petitioners, the
first on January 16, 2024, and the second on February 13, 2024. Responses to these data requests
were received on January 26, 2024 and February 16, 2024.4 Our staff also had an informal
telephonic meeting with joint petitioners on February 13, 2024.
We have jurisdiction over this matter pursuant to Section 366.04, Florida Statutes (F.S.).
Decision
Pursuant 	to 	Section 	366.04(2)(d), 	F.S., 	and 	Rule 	25-6.0440(2), 	F.A.C., 	we 	have
jurisdiction to approve territorial agreements between and among rural electric cooperatives,
municipal electric utilities, and other electric utilities. Unless we determine that the agreement
will cause a detriment to the public interest, the agreement should be approved.5
A. Proposed Territorial Agreement Changes
Bushnell and SECO began territorial agreement discussions after service applications
were received for new single-family residential construction projects, one on each parcel (Parcels
N14-013 and N14-015) in Sumter County. Upon review and careful consideration, the joint
petitioners maintain that, although the two parcels are in Bushnell’s current service territory,
SECO could serve both parcels in a more economical and timely manner.
The joint participants indicate that, due to the two customers’ pressing need to have their
new homes connected to electric service, SECO established electric service to them on or around
July 12, 2023 (Parcel N14-013) and November 22, 2023 (Parcel N14-015). The joint participants
2Order No. PSC-2020-0258-PAA-EU, issued April 17, 2020, and consummated by Order No. PSC-2020-0281-CO-
EU, issued August 19, 2020. Both orders were issued in Docket No. 20200138-EU, 	In re: Joint petition for
approval of territorial agreement in Sumter County, by Sumter Electric Cooperative, Inc. and City of Bushnell.
3Order No. PSC-2022-0065-PAA-EU, issued February 18, 2022, and consummated by Order No. PSC-2022-0112-
CO-EU, issued March 14, 2022. Both orders were issued in Docket No. 20210170-EU, In re: joint petition for
approval of amendment to territorial agreement in Sumter County, by Sumter Electric Cooperative, Inc. and City of
Bushnell.
4Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, and Document
No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments.
5Utilities Commission of the City of New Smyrna Beach v. Florida Public Service Commission, 469 So. 2d 731 (Fla.
1985).
ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 3
did so under the terms of a temporary service agreement until the time that we could decide
whether to approve the second amendment.
The joint petitioners note that Paragraph 5 of the second amendment (Meeting Customers
Needs) references the temporary service agreement that was signed by each utility in order to
facilitate providing immediate electric service for construction needs on these parcels during the
pendency of this matter before us. 6 The temporary service agreement was signed on June 23,
2023, and the joint petitioners assert that the customers requesting service on each parcel were
notified by telephone that permanent service by SECO would be contingent upon SECO and the
City executing an agreement that would require our approval.7 The joint petitioners state that
negotiations for the second amendment took longer than expected, and when concluded
acknowledged that further delays were encountered because approvals were needed from City
and SECO officials before the joint petitioners made their instant filing.8
With our approval of the second amendment, the joint petitioners contend the original
Territorial Agreement otherwise remains in full effect with no other changes. If approved, the
second amendment as written would remain in effect until and unless either Party provides
written notice of termination.
1. 	Parcel N14-013
Parcel N14-013 covers 5.64 acres, and electric service for this parcel is for a new single-
family residence. The joint petitioners assert that the nearest existing Bushnell facilities to this
parcel are approximately 1,100 feet due west, and notes that those facilities are at capacity for
maintaining optimum reliability for existing customers that are served by that feeder.9
The joint petitioners stated that in order to serve Parcel N14-013 and/or the other parcel
(Parcel N14-015) identified in the petition, Bushnell would have to re-conductor approximately
3,400 feet of primary service facilities. The cost to enhance the primary service facilities as
described is estimated by Bushnell to be no less than $50,000, whether one or both customers are
served.10
The nearest SECO service facilities are adjacent to Parcel N14-013. Because SECO
already has existing single phase underground primary facilities located along the east property
line, a minimal amount of construction activity was necessary for it to serve the parcel. An
underground pad-mounted transformer had to be installed, plus approximately 155 feet of
6Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments, Nos. 8.a
and 8.b.
7Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments, No. 2.a. and
2.b.
8Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments, No. 9.a.
9Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, No. 1.
10Id.
ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 4
secondary service wire had to be placed in order to serve the new single-family home on Parcel
N14-013. The estimated cost of these facilities was $939.11
2. 	Parcel N14-015
Parcel N14-015 covers 2.32 acres, and electric service for this parcel is for a newly-
constructed single family residence with an outbuilding (a pole barn). The joint petitioners assert
that the nearest existing Bushnell facilities are approximately 1,030 feet due west of Parcel N14-
015, and note that the same capacity concerns and construction requirements referenced for
Parcel N14-013 are applicable for this parcel as well.
In SECO’s service territory, a single phase overhead primary facility is located just south
of the existing property line for Parcel N14-015. As such, the only construction necessary for
SECO to provide service to this parcel was the placement of approximately 150 feet of
secondary underground service wire. The estimated cost of this construction activity was $877. 12
B. Analysis
Rule 25-6.0440(2), F.A.C., addresses the standards the we may consider for approving
territorial agreements for electric utilities. The rule states:
(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.
In our review, we considered each component of Rule 25-6.0440(2), F.A.C. Regarding
paragraph (2)(a), we note that Bushnell agreed to transfer the two parcels to SECO without
compensation, which we find is reasonable because no facilities are being transferred.13
Regarding paragraph (2)(b), the joint petitioners’ have confirmed that the availability and
reliability of service to existing or future customers will not be decreased for either petitioner.
The joint petitioners verified that existing electric facilities are adjacent to these parcels, but
there are no electric facilities inside either parcel. SECO has electric facilities with available
capacity in close proximity to Parcel N14-013 and also to Parcel N14-015, and can more
economically serve the two new single-family houses than Bushnell. We find paragraph (2)(c)
11Id.
12Id.
13 Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, No. 3.
ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 5
has been appropriately considered because, under the proposed second amendment, 	existing or
potential uneconomic duplication of facilities would not occur because SECO facilities are very
near the parcels, which means SECO is better positioned to serve the lots economically and
efficiently. We find paragraph (2)(d) gives us the flexibility to address any other relevant
concerns that are case-specific. The joint petitioners assert that there are none.14
The joint petitioners assert that SECO is better positioned than Bushnell to provide cost-
effective and reliable electric service to the two new residential customers (one in each parcel).15
SECO has existing facilities that have adequate capacity and are closer to both parcels than
Bushnell’s facilities. We agree that SECO is better positioned than Bushnell to serve both parcels
from an economic point of view as well as from a reliability standpoint.
The joint petitioners state that the approval and implementation of the second amendment
will not impact either entities’ ability to provide reliable electric service to current or future
customers, consistent with the standards set forth in Section 366.04, F.S., and Rule 25-6.0440(2),
F.A.C. 16 The joint petitioners assert that approval of the second amendment would be in the
public interest for several reasons. First, approval will eliminate the uneconomic duplication of
services. Second, approval will provide electric service to the two transferred parcels in an
efficient and cost-effective manner, and third, approval will not necessitate the transfer of any
customer accounts or facilities between the joint petitioners. We agree that the proposed second
amendment is in the public interest and SECO is better positioned than Bushnell to serve both
parcels.
1. 	Provision of Service
The joint petitioners completed the transfer of the two parcels prior to filing the second
amendment to their territorial agreement, which is at issue in this docket. Paragraph 5 of the
second amendment (Meeting Customers Needs) references the temporary service agreement that
was signed between SECO and the City. The full text of Paragraph 5 states:
Meeting Customer Needs. To timely meet the needs of the new customers, the
Parties have entered into this Second Amendment to modify the Territorial
Boundary Lines (see the detail reflected on Composite Exhibit A, Pages 15-17,
which indicates the two parcels being transferred to SECO from Bushnell) so that
the new customers will be within the SECO Territorial Area. Further, to meet the
immediate and temporary construction needs of the new customers, the Parties
have also entered into a temporary service agreement that would allow SECO to
serve the new customers until such time as the Commission can approve the
Second Amendment. (emphasis in original)
14 Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, No. 8.
15 Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, Nos. 5, 6, 7,
and 8, and Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments,
Nos. 1, 8.b., and 9.b.
16 Document No. 00367-2024, Joint [petitioners] response to staff’s first data request, with attachments, No. 7.
ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 6
Section 366.04(2)(d), F.S., provides that in the exercise of our jurisdiction, we have
power over electric utilities to approve territorial agreements between and among rural electric
cooperatives, municipal electric utilities, and other electric utilities under our jurisdiction. We
have the exclusive and superior statutory jurisdiction to determine electric utility service areas.17
Without our active supervision over territorial agreements, such agreements between utilities run
afoul of anticompetitive and antitrust law and “can have no validity without the approval of this
Commission.” 18 As stated by the Florida Supreme Court in City of Homestead v. Beard, 600 So.
2d 450, 452 (Fla. 1992):
In City Gas Co. v. Peoples Gas System Inc., 182 So. 2d 429, 433 (Fla.1965), this
Court held that territorial agreements between public utilities were not violative of
antitrust law based on the premise that “the public welfare does not need Ch. 542
for protection against this kind of agreement....because the public interest is
adequately protected by an alternative arrangement under F.S. Ch. 366, F.S.A.”
We further concluded that the “agreement could result in monopolistic control
over price, production, or quality of service only by the sufferance of the
commission” and that its “statutory powers are more than sufficient to prevent any
such outcome if properly employed.” Id. at 435. In Storey,[19] which upheld the
PSC's approval of the instant agreement, this Court “recognized the importance of
the 	regulatory 	function 	as 	a 	substitute 	for 	unrestrained 	competition” 	and
commented that “a regulated or measurably controlled monopoly is in the public
interest.” 217 So. 2d at 307. Therefore, our decisions exempting territorial
agreements from antitrust legislation have been premised on the existence of a
statutory system of regulations governing the public utilities that is sufficient to
prevent any abuses arising from the monopoly power created by the agreements.
SECO and Bushnell have been put on prior notice by us that any modification or
termination of their territorial boundaries, as addressed by our orders, must first be made by us.20
We recognize that in certain limited circumstances, system efficiencies may dictate that one
utility should provide service to a customer in the other utility’s service territory. Further, the
timing of customer construction may require a utility to provide service to the customer on an
exigent basis, before our approval can be secured. However, to ensure we are fulfilling our role
of active supervision over electric territorial matters, it is incumbent upon utilities, when finding
themselves in such circumstances, to promptly communicate with us and to file for modification
of their territorial boundaries as soon as practicable. To do otherwise raises the concern that
utilities are operating outside the purview of our jurisdiction.
17Board of County Commissioners Indian River County v. Graham, 191 So. 3d 890, 892 (Fla. 2016).
18 Order No. 3051, issued November 9, 1960, in Docket No. 6231-GU, In re. Territorial Agreement Between Peoples
Gas Sys. and City Gas Co., at p. 1. See also Public Service Commission v. Fuller, 551 So. 2d 1210, 1212 (Fla.
1989); City Gas Co. v. Peoples Gas System, Inc., 182 So. 2d 429, 436 (Fla. 1965).
19Storey v. Mayo, 217 So. 2d 304 (Fla.1968), cert. denied, 395 U.S. 909, 89 S.Ct. 1751, 23 L.Ed.2d 222 (1969).
20 Order No. PSC-2020-0258-PAA-EU, issued July 24, 2020, in Docket No. 20200138-EU, In re: Joint petition for
approval of territorial agreement in Sumter County, by Sumter Electric Cooperative, Inc. and City of Bushnell.
ORDER NO. PSC-2024-0103-PAA-EU
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We find the parties have acknowledged our jurisdiction by explicitly stating that the
temporary service agreement was ultimately subject to our approval. However, should the
utilities find themselves in similar circumstances in the future, we find the parties shall be
required to promptly notify our staff and state how the boundary is expected to change. The
notification shall also include the date service was first connected and when a petition to modify
the territorial boundary will be filed. The petition, when filed, shall contain sufficient detail for
us and our staff to fully understand the timing and circumstances of the territorial modification.
C. Conclusion
We approve the joint petition for proposed modification to territorial agreement in
Sumter County by SECO and Bushnell, which transfers two parcels from Bushnell to SECO. The
proposed second amendment will facilitate the provision of economical and reliable electric
service by SECO to the two residential customers in the transferred parcels, thereby avoiding
potential uneconomic duplication of facilities. Should the utilities find themselves in similar
circumstances in the future, we find the parties shall be required to promptly notify our staff and
state how the boundary is expected to change. The notification shall also include the date service
was first connected, and when a petition to modify the territorial boundary will be filed. The
petition, when filed, shall contain sufficient detail for us and our staff to fully understand the
timing and circumstances of the territorial modification.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that the joint petition for proposed
modification to territorial agreement in Sumter County by SECO and Bushnell shall be
approved. It is further
ORDERED that should the utilities find themselves in similar circumstances in the
future, the parties shall be required to promptly notify our staff and state how the boundary is
expected to change. The notification shall also include the date service was first connected, and
when a petition to modify the territorial boundary will be filed. The petition, when filed, shall
contain sufficient detail for us and our staff to fully understand the timing and circumstances of
the territorial modification. It is further
ORDERED that the provisions of this Order, issued as proposed agency action, shall
become final and effective upon the issuance of a Consummating Order unless an appropriate
petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by
the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the
close of business on the date set forth in the “Notice of Further Proceedings” attached hereto. It
is further
ORDERED that in the event this Order becomes final, this docket shall be closed.
ORDER NO. PSC-2024-0 l 03-PAA-EU
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By ORDER of the Florida Public Service Commission this 18th day of April, 2024.
DD
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: 	A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 	120.569(1), Florida
Statutes, to notify parties of any administrative hearing that is available under Section 120.57,
Florida Statutes, as well as the procedures and time limits that apply. 	This notice should not be
construed to mean all requests for an administrative hearing will be granted or result in the relief
sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The action proposed herein is preliminary in nature. Any person whose substantial
interests are affected by the action proposed by this order may file a petition for a fonnal
proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. 	This
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850, by the close of business on May 9, 2024.
ln the absence of such a petition, this order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this/these docket(s) before the issuance date of this order
is considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.
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OCR transcription for search; preserved printed pages are authoritative

FILED 4/18/2024
DOCUMENT NO. 02028-2024
FPSC - COMMISSION CLERK

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

In re: Joint petition for approval of DOCKET NO. 20230140-EU
modification to territorial agreement in Sumter | ORDER NO. PSC-2024-0103-PAA-EU
County, by Sumter Electric Cooperative, Inc. ISSUED: April 18, 2024

and the City of Bushnell.

The following Commissioners participated in the disposition of this matter:

MIKE LA ROSA, Chairman
ART GRAHAM
GARY F. CLARK
ANDREW GILES FAY

NOTICE OF PROPOSED AGENCY ACTION
ORDER APPROVING MODIFICATION TO
TERRITORIAL AGREEMENT

BY THE COMMISSION:

NOTICE is hereby given by the Florida Public Service Commission that the action
discussed herein is preliminary in nature and will become final unless a person whose interests
are substantially affected files a petition for a formal proceeding, pursuant to Rule 25-22.029,
Florida Administrative Code (F.A.C.).

Background

On December 27, 2023, Sumter Electric Cooperative, Inc. (SECO) and the City of
Bushnell (City or Bushnell), collectively the joint petitioners, filed a petition seeking our
approval of a Modification to their Territorial Agreement in Sumter County, Florida. SECO and
Bushnell are parties to a currently effective territorial agreement delineating their respective
service territories in Sumter County and the proposed changes at issue are detailed in the Second
Amendment to Territorial Agreement (second amendment), which was inadvertently omitted in
the original filing, but was provided on December 28, 2023 as an errata filing.! The second
amendment, with signature pages, maps and legal descriptions is attached hereto as Attachment
A. The second amendment seeks our approval to transfer two parcels (N14-013, N14-015) from
Bushnell to SECO by mutual agreement, asserting that SECO can timely and economically serve
the new construction projects on each parcel. As discussed in more detail below, SECO has been

'Document No. 06769-2023, Errata filing for Joint petition for approval of modification to territorial agreement in
Sumter County, by Sumter Electric Cooperative, Inc. and the City of Bushnell.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 2
serving the two new residential customers on the subject parcels pursuant to a temporary service
agreement signed between the two utilities.
SECO and Bushnell are parties to a currently effective territorial agreement we approved
in 2020 that sets forth their respective service territories in Sumter County, Florida (original
Territorial Agreement).2 Prior to the instant filing, we approved the First Amendment to
Territorial Agreement in 2022.3
During the review process, our staff issued two data requests to the joint petitioners, the
first on January 16, 2024, and the second on February 13, 2024. Responses to these data requests
were received on January 26, 2024 and February 16, 2024.4 Our staff also had an informal
telephonic meeting with joint petitioners on February 13, 2024.
We have jurisdiction over this matter pursuant to Section 366.04, Florida Statutes (F.S.).
Decision
Pursuant 	to 	Section 	366.04(2)(d), 	F.S., 	and 	Rule 	25-6.0440(2), 	F.A.C., 	we 	have
jurisdiction to approve territorial agreements between and among rural electric cooperatives,
municipal electric utilities, and other electric utilities. Unless we determine that the agreement
will cause a detriment to the public interest, the agreement should be approved.5
A. Proposed Territorial Agreement Changes
Bushnell and SECO began territorial agreement discussions after service applications
were received for new single-family residential construction projects, one on each parcel (Parcels
N14-013 and N14-015) in Sumter County. Upon review and careful consideration, the joint
petitioners maintain that, although the two parcels are in Bushnell’s current service territory,
SECO could serve both parcels in a more economical and timely manner.
The joint participants indicate that, due to the two customers’ pressing need to have their
new homes connected to electric service, SECO established electric service to them on or around
July 12, 2023 (Parcel N14-013) and November 22, 2023 (Parcel N14-015). The joint participants
2Order No. PSC-2020-0258-PAA-EU, issued April 17, 2020, and consummated by Order No. PSC-2020-0281-CO-
EU, issued August 19, 2020. Both orders were issued in Docket No. 20200138-EU, 	In re: Joint petition for
approval of territorial agreement in Sumter County, by Sumter Electric Cooperative, Inc. and City of Bushnell.
3Order No. PSC-2022-0065-PAA-EU, issued February 18, 2022, and consummated by Order No. PSC-2022-0112-
CO-EU, issued March 14, 2022. Both orders were issued in Docket No. 20210170-EU, In re: joint petition for
approval of amendment to territorial agreement in Sumter County, by Sumter Electric Cooperative, Inc. and City of
Bushnell.
4Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, and Document
No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments.
5Utilities Commission of the City of New Smyrna Beach v. Florida Public Service Commission, 469 So. 2d 731 (Fla.
1985).

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 3
did so under the terms of a temporary service agreement until the time that we could decide
whether to approve the second amendment.
The joint petitioners note that Paragraph 5 of the second amendment (Meeting Customers
Needs) references the temporary service agreement that was signed by each utility in order to
facilitate providing immediate electric service for construction needs on these parcels during the
pendency of this matter before us. 6 The temporary service agreement was signed on June 23,
2023, and the joint petitioners assert that the customers requesting service on each parcel were
notified by telephone that permanent service by SECO would be contingent upon SECO and the
City executing an agreement that would require our approval.7 The joint petitioners state that
negotiations for the second amendment took longer than expected, and when concluded
acknowledged that further delays were encountered because approvals were needed from City
and SECO officials before the joint petitioners made their instant filing.8
With our approval of the second amendment, the joint petitioners contend the original
Territorial Agreement otherwise remains in full effect with no other changes. If approved, the
second amendment as written would remain in effect until and unless either Party provides
written notice of termination.
1. 	Parcel N14-013
Parcel N14-013 covers 5.64 acres, and electric service for this parcel is for a new single-
family residence. The joint petitioners assert that the nearest existing Bushnell facilities to this
parcel are approximately 1,100 feet due west, and notes that those facilities are at capacity for
maintaining optimum reliability for existing customers that are served by that feeder.9
The joint petitioners stated that in order to serve Parcel N14-013 and/or the other parcel
(Parcel N14-015) identified in the petition, Bushnell would have to re-conductor approximately
3,400 feet of primary service facilities. The cost to enhance the primary service facilities as
described is estimated by Bushnell to be no less than $50,000, whether one or both customers are
served.10
The nearest SECO service facilities are adjacent to Parcel N14-013. Because SECO
already has existing single phase underground primary facilities located along the east property
line, a minimal amount of construction activity was necessary for it to serve the parcel. An
underground pad-mounted transformer had to be installed, plus approximately 155 feet of
6Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments, Nos. 8.a
and 8.b.
7Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments, No. 2.a. and
2.b.
8Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments, No. 9.a.
9Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, No. 1.
10Id.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 4
secondary service wire had to be placed in order to serve the new single-family home on Parcel
N14-013. The estimated cost of these facilities was $939.11
2. 	Parcel N14-015
Parcel N14-015 covers 2.32 acres, and electric service for this parcel is for a newly-
constructed single family residence with an outbuilding (a pole barn). The joint petitioners assert
that the nearest existing Bushnell facilities are approximately 1,030 feet due west of Parcel N14-
015, and note that the same capacity concerns and construction requirements referenced for
Parcel N14-013 are applicable for this parcel as well.
In SECO’s service territory, a single phase overhead primary facility is located just south
of the existing property line for Parcel N14-015. As such, the only construction necessary for
SECO to provide service to this parcel was the placement of approximately 150 feet of
secondary underground service wire. The estimated cost of this construction activity was $877. 12
B. Analysis
Rule 25-6.0440(2), F.A.C., addresses the standards the we may consider for approving
territorial agreements for electric utilities. The rule states:
(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.
In our review, we considered each component of Rule 25-6.0440(2), F.A.C. Regarding
paragraph (2)(a), we note that Bushnell agreed to transfer the two parcels to SECO without
compensation, which we find is reasonable because no facilities are being transferred.13
Regarding paragraph (2)(b), the joint petitioners’ have confirmed that the availability and
reliability of service to existing or future customers will not be decreased for either petitioner.
The joint petitioners verified that existing electric facilities are adjacent to these parcels, but
there are no electric facilities inside either parcel. SECO has electric facilities with available
capacity in close proximity to Parcel N14-013 and also to Parcel N14-015, and can more
economically serve the two new single-family houses than Bushnell. We find paragraph (2)(c)
11Id.
12Id.
13 Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, No. 3.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 5
has been appropriately considered because, under the proposed second amendment, 	existing or
potential uneconomic duplication of facilities would not occur because SECO facilities are very
near the parcels, which means SECO is better positioned to serve the lots economically and
efficiently. We find paragraph (2)(d) gives us the flexibility to address any other relevant
concerns that are case-specific. The joint petitioners assert that there are none.14
The joint petitioners assert that SECO is better positioned than Bushnell to provide cost-
effective and reliable electric service to the two new residential customers (one in each parcel).15
SECO has existing facilities that have adequate capacity and are closer to both parcels than
Bushnell’s facilities. We agree that SECO is better positioned than Bushnell to serve both parcels
from an economic point of view as well as from a reliability standpoint.
The joint petitioners state that the approval and implementation of the second amendment
will not impact either entities’ ability to provide reliable electric service to current or future
customers, consistent with the standards set forth in Section 366.04, F.S., and Rule 25-6.0440(2),
F.A.C. 16 The joint petitioners assert that approval of the second amendment would be in the
public interest for several reasons. First, approval will eliminate the uneconomic duplication of
services. Second, approval will provide electric service to the two transferred parcels in an
efficient and cost-effective manner, and third, approval will not necessitate the transfer of any
customer accounts or facilities between the joint petitioners. We agree that the proposed second
amendment is in the public interest and SECO is better positioned than Bushnell to serve both
parcels.
1. 	Provision of Service
The joint petitioners completed the transfer of the two parcels prior to filing the second
amendment to their territorial agreement, which is at issue in this docket. Paragraph 5 of the
second amendment (Meeting Customers Needs) references the temporary service agreement that
was signed between SECO and the City. The full text of Paragraph 5 states:
Meeting Customer Needs. To timely meet the needs of the new customers, the
Parties have entered into this Second Amendment to modify the Territorial
Boundary Lines (see the detail reflected on Composite Exhibit A, Pages 15-17,
which indicates the two parcels being transferred to SECO from Bushnell) so that
the new customers will be within the SECO Territorial Area. Further, to meet the
immediate and temporary construction needs of the new customers, the Parties
have also entered into a temporary service agreement that would allow SECO to
serve the new customers until such time as the Commission can approve the
Second Amendment. (emphasis in original)
14 Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, No. 8.
15 Document No. 00367-2024, joint petitioners’ response to staff’s first data request, with attachments, Nos. 5, 6, 7,
and 8, and Document No. 00741-2024, joint petitioners’ response to staff’s second data request, with attachments,
Nos. 1, 8.b., and 9.b.
16 Document No. 00367-2024, Joint [petitioners] response to staff’s first data request, with attachments, No. 7.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 6
Section 366.04(2)(d), F.S., provides that in the exercise of our jurisdiction, we have
power over electric utilities to approve territorial agreements between and among rural electric
cooperatives, municipal electric utilities, and other electric utilities under our jurisdiction. We
have the exclusive and superior statutory jurisdiction to determine electric utility service areas.17
Without our active supervision over territorial agreements, such agreements between utilities run
afoul of anticompetitive and antitrust law and “can have no validity without the approval of this
Commission.” 18 As stated by the Florida Supreme Court in City of Homestead v. Beard, 600 So.
2d 450, 452 (Fla. 1992):
In City Gas Co. v. Peoples Gas System Inc., 182 So. 2d 429, 433 (Fla.1965), this
Court held that territorial agreements between public utilities were not violative of
antitrust law based on the premise that “the public welfare does not need Ch. 542
for protection against this kind of agreement....because the public interest is
adequately protected by an alternative arrangement under F.S. Ch. 366, F.S.A.”
We further concluded that the “agreement could result in monopolistic control
over price, production, or quality of service only by the sufferance of the
commission” and that its “statutory powers are more than sufficient to prevent any
such outcome if properly employed.” Id. at 435. In Storey,[19] which upheld the
PSC's approval of the instant agreement, this Court “recognized the importance of
the 	regulatory 	function 	as 	a 	substitute 	for 	unrestrained 	competition” 	and
commented that “a regulated or measurably controlled monopoly is in the public
interest.” 217 So. 2d at 307. Therefore, our decisions exempting territorial
agreements from antitrust legislation have been premised on the existence of a
statutory system of regulations governing the public utilities that is sufficient to
prevent any abuses arising from the monopoly power created by the agreements.
SECO and Bushnell have been put on prior notice by us that any modification or
termination of their territorial boundaries, as addressed by our orders, must first be made by us.20
We recognize that in certain limited circumstances, system efficiencies may dictate that one
utility should provide service to a customer in the other utility’s service territory. Further, the
timing of customer construction may require a utility to provide service to the customer on an
exigent basis, before our approval can be secured. However, to ensure we are fulfilling our role
of active supervision over electric territorial matters, it is incumbent upon utilities, when finding
themselves in such circumstances, to promptly communicate with us and to file for modification
of their territorial boundaries as soon as practicable. To do otherwise raises the concern that
utilities are operating outside the purview of our jurisdiction.
17Board of County Commissioners Indian River County v. Graham, 191 So. 3d 890, 892 (Fla. 2016).
18 Order No. 3051, issued November 9, 1960, in Docket No. 6231-GU, In re. Territorial Agreement Between Peoples
Gas Sys. and City Gas Co., at p. 1. See also Public Service Commission v. Fuller, 551 So. 2d 1210, 1212 (Fla.
1989); City Gas Co. v. Peoples Gas System, Inc., 182 So. 2d 429, 436 (Fla. 1965).
19Storey v. Mayo, 217 So. 2d 304 (Fla.1968), cert. denied, 395 U.S. 909, 89 S.Ct. 1751, 23 L.Ed.2d 222 (1969).
20 Order No. PSC-2020-0258-PAA-EU, issued July 24, 2020, in Docket No. 20200138-EU, In re: Joint petition for
approval of territorial agreement in Sumter County, by Sumter Electric Cooperative, Inc. and City of Bushnell.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 7
We find the parties have acknowledged our jurisdiction by explicitly stating that the
temporary service agreement was ultimately subject to our approval. However, should the
utilities find themselves in similar circumstances in the future, we find the parties shall be
required to promptly notify our staff and state how the boundary is expected to change. The
notification shall also include the date service was first connected and when a petition to modify
the territorial boundary will be filed. The petition, when filed, shall contain sufficient detail for
us and our staff to fully understand the timing and circumstances of the territorial modification.
C. Conclusion
We approve the joint petition for proposed modification to territorial agreement in
Sumter County by SECO and Bushnell, which transfers two parcels from Bushnell to SECO. The
proposed second amendment will facilitate the provision of economical and reliable electric
service by SECO to the two residential customers in the transferred parcels, thereby avoiding
potential uneconomic duplication of facilities. Should the utilities find themselves in similar
circumstances in the future, we find the parties shall be required to promptly notify our staff and
state how the boundary is expected to change. The notification shall also include the date service
was first connected, and when a petition to modify the territorial boundary will be filed. The
petition, when filed, shall contain sufficient detail for us and our staff to fully understand the
timing and circumstances of the territorial modification.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that the joint petition for proposed
modification to territorial agreement in Sumter County by SECO and Bushnell shall be
approved. It is further
ORDERED that should the utilities find themselves in similar circumstances in the
future, the parties shall be required to promptly notify our staff and state how the boundary is
expected to change. The notification shall also include the date service was first connected, and
when a petition to modify the territorial boundary will be filed. The petition, when filed, shall
contain sufficient detail for us and our staff to fully understand the timing and circumstances of
the territorial modification. It is further
ORDERED that the provisions of this Order, issued as proposed agency action, shall
become final and effective upon the issuance of a Consummating Order unless an appropriate
petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by
the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the
close of business on the date set forth in the “Notice of Further Proceedings” attached hereto. It
is further
ORDERED that in the event this Order becomes final, this docket shall be closed.

ORDER NO. PSC-2024-0 l 03-PAA-EU
DOCKET NO. 20230140-EU
PAGE8
By ORDER of the Florida Public Service Commission this 18th day of April, 2024.
DD
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: 	A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 	120.569(1), Florida
Statutes, to notify parties of any administrative hearing that is available under Section 120.57,
Florida Statutes, as well as the procedures and time limits that apply. 	This notice should not be
construed to mean all requests for an administrative hearing will be granted or result in the relief
sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The action proposed herein is preliminary in nature. Any person whose substantial
interests are affected by the action proposed by this order may file a petition for a fonnal
proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. 	This
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850, by the close of business on May 9, 2024.
ln the absence of such a petition, this order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this/these docket(s) before the issuance date of this order
is considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachment A
PAGE 9

SECOND QIMENDIVIENT 1 |ERRITORLAL AGREEMENT

This Secoad Amendment ta Territorial Agreement (ihis “Second Amendment”), dated as
of December 4, 2023, is by and between SUMTER ELECTRIC COOPERATIVE, INC.. a Florida rurel
electric cooperative {"SECD"| and the CITY OF BUSHELL, FLORIDA, a Florida municipality that owns
and operates an electric distribution system in Sumter County and organized and existing under
the laws of the State of Florida (“Bushnell”) (collectively, “Parties” or individually a “Party”), and
shall become effective upon the approval of the Florida Public Service Commiss.an
{"Commission”).

WHEREAS, SECO and Bushnell are parties ta a Tevritarial Agreement dated September 24,
2019, (the "Underlying Agreement’) which was approved by PSC Order No. PSC-2020-0258-PA4-
EU, issued July 24, 2020, and effective August 19, 2020, by Consummating Order No PaC-2f120-
O0261-CO-EU issued August 15, 2020.

WHEREAS, SCCO ane Bushnell are alse parties ta a First Amendment to Territorial
Apreement, dled as of October 5, 2021, [the “First Amendment,” and together with the
Underlying Sgreement, the “Agreement*} which amended the Underlying Agreement and wes
approved by PSC Order No, PSC-2022-0065-PAA-EU, ksued February 18, 2022, and effective
March 14, 2022, by Consummating Order No. P5C-2022-0112-C0-EU issued March 14, 2022.

WHEREAS, the Parties desire, pursuant to Article V, Section 5.1 of the Agreement 10
further amend the Agreement to modify the Territorial Boundary Lines ta economically address
the service needs of new customers that will take service on two parcels in Sumter County, with a
transfer of those two parcels from the Bushnell Territorial Area te the SE00 Territorial Area.

Therefore, SECO and Bushnell agree as follows:

1 Recitals Incorporated. The feregoing recitals are true and correct, and are
incorporated herein by reference.

32 Map; Definitions. The final territorial boundary modifications agreed to by the
Parties are set forth in Composite Exaibit A, which is incorporated herein by reference. Any
capitalized term not defined in this Second Amendment has the definition ascr bed te it in the
Agreement

3 Reason for Territorial Boundary Lines Changes. The changes in Composite Exhibit
Aare dee ta new construction on two parcels (Sumter County percels NOL4-013 and NO14-015)
and corresponding request tor service from new customers, the service for which is ecumeminally
and timely able to be served by SECO.

4. Agreement of Parties. Upon review of the requirements of the new customers,
the Parties agree that SECO can reasonably and cost effect vely serve the new customers with less
new investment and less costly extension of facilities.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachment A
PAGE 10

5 Meeting Customer Needs. Te tirnely recet the needs of the new customers, the
Parties have entered Inte this Second Amendment ta modify the Territorial Boundary Lines (see
the detail reflected on Composite Exhiblt 4, Pages 15-17, which indicates the two parcels being
transferred to SECU from Bushnell) so that the .ew customers will be within the SECO Territorial
Area. Furcher, 10 meet the immediate and temporary construction needs of the new customers,
the Parties have aleo entered into atemporary service agreement tat would allow SECO to serve
the vew customers until such time as the Commission can approve this Second Amendment.

6. No Uneconomic Duplication of Facilities. The Parties agree, based on sound
economic considerations, tre boundary line modifications identified herein will meet the new
customers’ needs based upan saund economic and engineering considerations and will eliminate
the uneconamic duplication of fecilities. The proposed boundary line changes will mot cause a
decrease in the reliability of electrical service to existing or future customers of either Party.

7. Changes te Territorial Boundary Lines. Attachec hereto as Composite Exhibit A
are an updated FOOT General Highway map anda complete set of revised $200 and Bushnell
Territorial Maps (the changes ta the Territorial Boundary Lines are shown on pages 15-17 of
Com peosita Exhibit 4).

2. Effectiveness; Commission Approval. Upon approval by the Cormmissicn, chis
Second Amandmant to the Agreement shall be amended hereby and otherwise in full effect
coterminous with the term ofthe Agreement, ane it shall remain in effect unti and unless either
Party provides written notice of termination as provided ir the Agreement.

[Signoture Poge Foliows]

Pa

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachment A
PAGE 11

The Parties are signing this Second Amendment as of the date stated in the introductory

paragraph.
SUMTER ELECTRIC COOPERATIVE, INC,
ATTEST:
By: ( =
: z Curtisfynin
F Seare “e, Chief Executive Officer
f a =
F
leben?
i OTY OF BUSHNELL, FLORIDA
; TTE®:

ne Prd,

we \ s By: udesg—

Jesse Simmons, Ir.
i Mayor
City Clerk

[SEAL]

APPROVED AS TO FORM AND LEGALITY:

Felix M. | Counsel to the
City of Bushnell

By: chs the pcs a ae

Tracy nm. de Lemos,
Vice President, Corporate General Counsel
Sumter Electric Cooperative, linc.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachment A
PAGE 12

Carn posite Exhibit 4

FOOT GENERAL HIGHWAY MAP, SECO AND BUSHNELL TERRITORIAL MAPS,
AND DETAILED C41ANGES TO TERRITORIAL BOUNDARY LINES

ORDER NO. PSC-2024-0103-PAA-EU DOCKET NO. 20230140-EU
Attachment A
PAGE 13
-
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GENERAL LEGEND
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GENERAL HIGHWAY MAP SUNTER COUNTY
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T 25 5
HOUPEAL, HEALTH CENTER OR NEST HOME
COUNTY
.
WILDLIFE
GENERAL HIGHWAY MAP SUMTER COUNTY
MANAGEMENT
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ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachment A
PAGE 14

‘ Lake
Location Mag o's Panasettheas Cokman

Map Legend:

Ternitonal Agreement
Service Area:

City of Bushnell

SECO Energy

| Area not covered
) by this agreement

} oo
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FAO, NPS, NFCAN, 0GM, Kadester NL, Ordnance Survey, Es Japan,
‘ METI, Esri China (Hong Kong), (C) Qnenatreetap and the GIS
User Community

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 2

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachment A
PAGE 15

g
a
5
By

ZZ = ONS ‘OZ = NML ‘HaLUWNS aN ‘€ BOWd

PAGE 1

See ee
‘PAGE 5: SW QUARTER, 1
Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 4

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 16

SUMTER COUNTY, FL
NE QUARTER
TOWNSHIP = 20
RANGE = 22

22

al i
E

Quarter Grid Boundary

Section Boundary

yooq dew eyz Fo yaed Wow

NW QUARTER,

Rallway

PAGE 2:

PAGE 6: 20, RNG
Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 17

PAGE 1: NE QUARTER, TWN = 20,

EXHIBIT “A™
PAGE 4:

SUMTER COUNTY, FL
SE QUARTER
TOWNSHIP = 20
RANGE = 21

Map Legend:

Terttorlal Agreement
Service Area:

cS City of Bushnell

SECO Energy

Area nor covered
by this agreement

:
Z
2
-

City of Bushnell Limits
(Apr 2023)
hi Quarter Grid Boundary

[| Section Boundary
a= Ratway

Not part of the map book

cz = ONY ‘07 = NM

derendtrent 2 |Cutm Published’ AEDS

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 6

ORDER NO. PSC-2024-0103-PAA-EU DOCKET NO. 20230140-EU PAGE 18
Attachement A
PAGE 2: NW QUARTER, TWN = 20, RNG = 22
EXHIBIT "A" PAGE 5:
76
SUMTER COUNTY, FL SW QUARTER TOWNSHIP = 20 RANGE = 22
PAGE 4: SE QUARTER, TWN = 20, RNG = 21
19
20
21
Annie Marslı Pond
Map Legend: Territorial Agreement Service Area:
City of Bushnell
SECO Energy
Area not covered by this agreement
30
City of Bushnell Limits (April 2023)
Quarter Grid Boundary
Section Boundary
Parcel
Rallway
Road
76
33
4757
C1 312
0.25
0.5
Dachimer: Subir Dactre Coopentve hc., Diet and xdminutters
not be subible tor stur purpose. This Incrusden is provided 's a' wt
No one star than Sunter Dichte Coopershoe, Inc.
PAGE 8: NW QUARTER, TWN = 21, RNG = 22
may rly on the xczarscy her wat.
Ameerchert 2 | Dela Published: 6/28/2009
Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 7
PAGE 6: SE QUARTER, TWN = 20, RNG = 22
SW 1 2TH BLVD

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A

PAGE 19

= os =

EXHIBIT "A™
PAGE 6:

i
Pa

—

PEE

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 8

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 20

|| PAGE 4: SE QUARTER, TWN = 20, RNG = ;

SUMTER COUNTY, FL
NE QUARTER
TOWNSHIP = 21

°8 govd

%
6
=o
Ay
ui
aH
7]
C|
4

‘TZ = NML ‘wand MN

SNa

Rallway

ze

PAGE 10: = 21, RNG = 21 || isla! cyte

e vbdahed ADATOD

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 9

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU
PAGE 21

Attachement A

EXHIBIT "A"
PAGE 8:

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 10

ORDER NO. PSC-2024-0103-PAA-EU DOCKET NO. 20230140-EU PAGE 22
Attachement A
PAGE 6: SE QUARTER, TWN = 20, RNG = 22
EXHIBIT "A"
50534
PAGE 9:
CR-536
CR 546
PAGE 8: NW QUARTER, TWN = 21, RNG = 22
SE 6TH WAY
CR 542H
OR 5426
SE 47TH TO
Map Legend: Territorial Agreement Service Area:
CR 542 E
City of Bushnell
SENITH OR
OR 5618
SECO Energy
CR 564
Area not covered by this agreement
TO
11
City of Bushnell Limits (April 2023)
CR 547
Quarter Grid Boundary
BOITNOYT
Section Boundary
CR 548
SE SUTH AVE
NOBLE AVE
476
E C 476
476
Parcel
Railway
471
Road
15
14
13
CR:552
25TH WAY
0.25
857
Information tor to own specific: reach. The hier mation contained hanen mary not be suttible for atwar purpose. This Infordon ix prawdded'un a'with
No one other than Sunter Denche Coopembre, Inc.
PAGE 12: SE QUARTER, TWN = 21, RNG = 22
may rly on the setarscy hernot.
Amenchent 2| Dele Published: 8/8/2029
Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 11
SUMTER COUNTY, FL NE QUARTER TOWNSHIP = 21 RANGE = 22
02 SE 44TH.PL
01-
CR: 546A
SE ZND DR
Not part of the map book
$ 22ND DR
TEC 476
CR 355
48
SE ZOTH AVE

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 23

SUMTER COUNTY, FL
SE QUARTER
TOWNSHIP = 24
RANGE = 21

‘TZ = NML ‘WHLUWOS MS :TT dowd

ad
8
a
a
.
a
4
w
0
Re
i
ie
2)
2
La

if

Sola ee
Not part of the map book =
Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 12

ORDER NO. PSC-2024-0103-PAA-EU DOCKET NO. 20230140-EU
PAGE 24
Attachement A
PAGE 8: NW QUARTER, TWN = 21, RNG = 22
EXHIBIT "A" PAGE 11:
Ot 615
NO ONEZ MS
CR 650
SW 73RD LN
CR 6098
SW DIN TR
E944O
CR 615B
20
CR 706
CR 615C SW 76TH LN
SW 77TH RD
OR 609 C
Lake
Map Legend: Territorial Agreement Service Area:
SW. SOTH AVE
CR: 652
City of Bushnell
SW BIST LN
CR 652A
Lake
SECO Energy
Area not covered by this agreement
SW 83RD-PL
OR 6520
CR 674A
30
29
City of Bushnell Limits (April 2023)
CR 674
1301
Quarter Grid Boundary
SW. SOTH. PL
CR 654.
Section Boundary
HVER 720
CR 765
Parcel
Railway
CR 767
Road
31
32
UW C 478
M
N
SV
Ming
Matchett Lake
673
CR 738
673
Discieiner: Sum bir Electric Cooperative hc., causes and adeiritira information for his own specific nech. The information zorhned herven trary not be wstabin for the purpose. Tha ir bimation a provided 'w i" wit no warranty, wepnermed or implied, as bit accumcy,
Novana other than Sutar Electric Coopenitve, Inc.
CO
Not part of the map book
may say on the accuracy hereat.
Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 13
PAGE 10: SE QUARTER, TWN = 21, RNG = 21
SW 25TH DR
SUMTER COUNTY, FL SW QUARTER TOWNSHIP = 21 RANGE = 22
SW 15TH ST
PAGE 12: SE QUARTER, TWN = 21, RNG = 22
AM IST ME

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A

PAGE 25

EXHIBIT "A"
PAGE 12:

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 14

ORDER NO. PSC-2024-0103-PAA-EU

DOCKET NO. 20230140-EU

PAGE 26

Attachement A

Camanery

i Laka
Ps Panasetkes

Cokmarn

Map Legend:

Teritorial Agreement
Service Area:

City of Bushnell (COB)

Grid Boundary

Page with Redraws

City of Bushnell Limits

Soumes: Esrl, HERE, Garmin, interrap, increment P Com. GRECO, USG3,
FAO, NPS, NAAN, GeoBase, 6GN, Kadester NL, Ordnance Survey, Es Japan,
METI, Esri China (Hong Kong), (c) Qnendireetidap conmiributors, and the GIS
User Community

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 15

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 27

&
a
n
as]
o
a)
&
®
5
“a
v
E

z ress vera = ee
PAGE 12: SE QUARTER,
Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 16

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 28

Parcel Redraws
COB to SECO:
N14-013 &
N14-015

aE RRR Ree ee ee

ML

Second Amendment to Territorial Agreement COMPOSITE EXHIBIT A - Page 17

ORDER NO. PSC-2024-0103-PAA-EU DOCKET NO. 20230140-EU PAGE 29
Attachement A
Public Service Commission Attention: Alara Kaymak Re: Docket No. 20230140-EU January 26, 2024 Page 6
Exhibit A
COPY
Approved for Zowany 9/14/2022.
MAP OF BOUNDARY SURVEY
K. 3460)
LEGAL DESCRIPTION
The Sam 300 00 first of the Here 400:00 (out of the Bar (382 4) told of the % ) of the SW-Fi+ Bacon , Powwhip It
:: 825 AC
PROTES

ORDER NO. PSC-2024-0103-PAA-EU DOCKET NO. 20230140-EU PAGE 30
Attachement A
Public Service Commission Attention: Alara Kaymak Re: Docket No. 20230140-EU January 26, 2024 Page 7
Exhibit B
COPY
2
130
6 70
1"=60
4/21/22
$/26/22
10
8
-1
1
.

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 31

Print De/Tem: SUMTER ELECTRIC COOPERATIVE
02/18/2024 12:01:59 PM NEW SERVICE

SERVICE MAP LOCATION: 3337 C1 29762 70890
Account: SO Nbr R1201995 Cyele: 15 W/OH; 208995
[ Taken By: Date Taken: 06097021 e m "D0:

Home Phone; NONE LISTED

Work Phone: NONE LISTED Service Adiiress:
Mobile Phone:

Service Dese: SPH

‘Subdivision:

Servicer Block: Lot) .
Line Srv Area District: SECO « Sumterville Muiling Address:
County; Sumter City; Bushnell

Rate: GS» General Service
Builder; NONE LISTED Builder Phone: NONE LISTED

General Comments:
NS UG 18025F (1) AC 200AMPS PARCELA N14-013 PERMITY 2200-018
DR PER COMM ACCT 360/BILLED 110

6/7/23 ASKED BY CITY OF BUSHNELL TO SERVICE THIS HOME, DID SITE VISIT TOOK PICTURES, NEED BUILDER TO
APPLY FOR SERVICE, NEED CITY TO SIGN AGREEMENT,
6/9/23 LOCATES COMPLETE FOR SECOND SITE VISIT TO SEE WHERE TX CAN BE ADDED IN LINE OF EXISTING UG

PRIMARY,
6/10/23 BUILDER FINALLY APPLIED FOR SERVICE, WO PACKET READY FOR APPROVAL, STILL NEED CITY OF
BUSHNELL TO SIGN AGREEMENT, NEED TO CALL, WITH REGARDS TO USING THE SPECIFIC EASEMENT,
6/22/23 INFORMED THAT CITY OF BUSHNELL HAS YET TO SIGH THE AGREEMENT TO LET SECO
SERVE THIS HOME,

6/24/23 RECIEVED WORD FROM THAT THE CONTRACT 15 SIGNED, THIS JOB CAN NOW GO TO
APPROVAL,

6/26/23 SPOKE WITH ! WHO OWNS THE PROPERTY WHERE THE SPECIFIC EASEMENT IS TO NOTIFY HER SECO
WILL BE INSTALLING A PM TX WITHIN THE EASEMENT ON HER PROPERTY, SHE WAS PERFECTLY OKAY WITH THE
CONSTRUCTION,

RT 15-101 1562

WO 208993 RECD IN SDO 6/28/23

10 TO SCHEDULE

SCHEDULED WITH IVY WEEK ENDING 7/7/23

UG COMPLETED BY | AVY 07/06/23

7/11/23 PER EMAIL FROM THEY HAVE THEIR GREEN TAG PRE POWER INSPECTION

WOH: 208993

MAP#: 3337 Cl 29762 70890

NEAREST GIS#: 21272

NEAREST MTR#: GO0106369

METERING INFO: SINGLE PHASE 200AMP
PLEASE SET METER 07/12/23

1 TVALY23 MTR G00125646 READING 0

By: Date: On Computer; By 0 Dat
Jreport/! 101 6/rpteustunveiSECO_SO_NEW_CONNERCT_2.x Serview Map Locations 3337 C1 29762 70890

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 32

Print DUTIn: SUMTER ELECTRIC COOPERATIVE
02/15/2024 12:01:59 PM NEW SERVICE

Meter #f: ee GPSID W/O Number;
Hand Trench Machine Trench = BackHoe Pvc; 21/72 3 4

Trench FT ee Wire FT Wire Size

Readings

dob Completed; By: Date On Computer, By Date

/reporl/1101¢/epteustom/ols/SECO_SO_NEW CONNECT 2.x Service Map Location: 3337 C1 29762 70800

paulaclauneh

ORDER NO. PSC-2024-0103-PAA-EU

DOCKET NO. 20230140-EU Attachement A
PAGE 33

Peat DUT SUMTER ELECTRIC COOPERATIVE

02/14/2024 12:07;29 PM RELOCATE SERVICE

SERVICE MAP LOCATION; 3337 CL 29785 71260
Account: SO Nbr: 81924119 Serviee: Electric Service WOH: 211236
Customer Nbr: Srv Loe Nbr: 96079794 Provider: COOP Provided Electric Service Cycler 15
Takon By; Hate Taken: | (A023 Needed One | 4/02/2023

Home Phones
Work Phone; NONE LISTED Service Addreys;
Mobile Phone;

' Serviee Deve; HOUSE/PUMPYWELL

Subdivision:

Service: Block: Lot: Mailing Address:

Line Sry Area: District) SECO « Sumterville
, Equip Map Loe: 3337 Cl 29882 71197

Substation: Feeder! Line Sect:

County: Sumter City: Bushnell

Medical Necessity: Outage Priority:

“TOUIPMENT TO BE SERVICED**

‘Equipment Type Activity Equipment Nbr Position Nor Service Map Location Oty
Meter # Secondary Rate Mult Dinls Lock Ring LY Rdg LVR Date KWH Rdg KWRog Date
GOOL06309 97820034 G5 | 5 N 1490 10/24/2023
Trans 4 Secondary Size Phase Bank # Load Mgt Serial Tie Cd LM Sint Load Type Stat Rem
Device # Type Description Status Map Location Con/Repalr/Dli Rem
General Comments:
RLO FROM CURRENT SPOT TO HOME

1/223 THIS HOME WAS SITE VISITED IN JUNE ALONG WITH HOME, WE ALSO RECIEVED A
RELEASE FOR THIS HOME FROM CITY OF RUSHNELL IN JULY 2023, BUILDER IS , THISTS AN
EXISTING OH AG METER FOR WELL, HOME IS 2029 SQ FT WITH 200 AMP SERVICE AND 5 TON AIC, WO PACKET READY
FOR APPROVAL,
Serviee Comments:
WO 211236 RECD IN SD0 11/9/23
TO TO SCHEDULE

SCANNED TO IVY AND PIKE 11/10/23

UG SCHIRDULED WITH IVY SMITH 3 FOR WEEK ENDING 12/0/23

OH SCHEDULED WITH PIKE] FOR WEEK ENDING 12/08/23

AG METER

COPY TO HARLEY/PIKE 11/22/23

WO COMPLETED BY PIKE AND TVY «NEW METER WAS ALREADY INSTALLED + RETIRED METER GOO106369

Handheld Notes:
POLE DOWN LANE L AT END

dob Completed: By: Date: On Computer: Hy Date
/roport') 0) Grpteustom/oivSEBCO_ 50 MISCELLANDOUS.. Serviee Map Location! 3937 C1 29785 71260 paulaclauneh

ORDER NO. PSC-2024-0103-PAA-EU

DOCKET NO. 20230140-EU Attachement A
PAGE 34
Print DT SUMTER ELECTRIC COOPERATIVE
02/15/2024 12:02:20 PM RELOCATE SERVICE
Task Remarks:
AIDTOCONST » CIAC $877.10 MR# 100014193 QUOTE 15880
EMAILED
DESIGN WO#:211236
MAPH;3337 Cl 29785 71260
CIAC: $877.10
NEAREST OIS#; 21272
NEAREST MTRW. GOD106369
METERING INFO; 200 AMP SINGLE PHASE
IVM REQD: NO
PERMIT REQ'D: NO
EASEMENT REQ'D: NO
DEPOSIT AMOUNT; N/A
RELCONST » CLAC PAID’ 1/9/23
HOLD FOR CIAC HAs
REVRELOC . 1Vvaaa
Assessment/Ficld Comments:
#otPrinti: |
dob Completed: By Date On Computer: By Date

/report/| 101 6/rptcustonyoli/SECO_ 80 MISCELLANROUS.« Service Map Locotlon: 3397C1 20784 712600

ORDER NO. PSC-2024-0103-PAA-EU
DOCKET NO. 20230140-EU Attachement A
PAGE 35

ZOoN
MSN) i aT

June 5, 2023

(10 novi MEastbu

Mike Eastburn

City of Bushnell

117 €, Joe P, Strickland Jr. Avenue
Bushnell, Florida 33513

Re: Sumter Electric Cooperative, Inc. d/b/a SECO Energy ("SECO") and the City of Bushnell (“City”)
Territorial Agreement Amendment for Sumter County Parcels N14-013 and N14-015

Dear Mr, Eastburn,

Pursuant to Section 3,1 of the Territorial Agreement between SECO and the City, the parties may
agree in writing to amend the territorial boundary line, subject to the Commission’s approval. At the City’s
request, SECO hereby agrees to permanently provide service to Sumter County Parcels NO14-013 and
NO14-015, subject to the City amending the Territorial Agreement to reflect this change within a
reasonable time frame and at the City’s sole cost and expense.

Should the City agree the terms outlined herein, please sign below and return a signed copy to
tracy.delemos@secoenergy.com.

Sincerely,

Tracy M. de Lemos, Esq.

Vice President, Corporate General Counsel
SECO Energy
tracy.delemos@secoenerey.com

cc: John LaSelva
Kristin Greene

Accepted and agreedtoonthis 75 dayof_une. 2022

The City of Bushnell, Florida

By: fiw_O \o= a
Name:_Miichac| Easibunw
Title: Cub oe

PO Box 301
© ee te] 352.793.3801 © www.SECOEnergy.com

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