(1) A territorial dispute proceeding may be initiated by a petition from a natural gas utility, requesting the Commission to resolve the dispute. Additionally the Commission may, on its own motion, identify the existence of a dispute and order the affected parties to participate in a proceeding to resolve it. Each utility which is a party to a territorial dispute shall provide a map and written description of the disputed area along with the conditions that caused the dispute. Each utility party shall also provide a description of the existing and planned load to be served in the area of dispute and a description of the type, additional cost, and reliability of natural gas facilities and other utility services to be provided within the disputed area.
    (2) In resolving territorial disputes, the Commission shall consider:
    (a) The capability of each utility to provide reliable natural gas service within the disputed area with its existing facilities and gas supply contracts and the extent to which additional facilities are needed;
    (b) The nature of the disputed area and the type of utilities seeking to serve it and degree of urbanization of the area and its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services;
    (c) The cost of each utility to provide natural gas service to the disputed area presently and in the future; which includes but is not limited to the following:
    1. Cost of obtaining rights-of-way and permits.
    2. Cost of capital.
    3. Amortization and depreciation.
    4. Labor; rate per hour and estimated time to perform each task.
    5. Mains and pipe; the cost per foot and the number of feet required to complete the job.
    6. Cost of meters, gauges, house regulators, valves, cocks, fittings, etc., needed to complete the job.
    7. Cost of field compressor station structures and measuring and regulating station structures.
    8. Cost of gas contracts for system supply.
    9. Other costs that may be relevant to the circumstances of a particular case.
    (d) Other costs that may be relevant to the circumstances of a particular case.
    (e) Customer preference if all other factors are substantially equal.
    (3) The Commission may require additional relevant information from the parties of the dispute if so warranted.
Rulemaking Authority Florida Statutes § 366.05(1). Law Implemented Florida Statutes § 366.04. History-New 2-25-91.