Choctawhatchee Elec. Coop., Inc. v. Graham
Annotate this CaseAt issue in this case was a territorial dispute between two utilities, Choctawhatchee Electric Cooperative, Inc. and Gulf Power Company, both of which sought the right to serve Freedom Walk, a proposed multi-purpose development. The Florida Public Service Commission resolved the dispute in favor of Gulf Power, concluding that because the multiple factors it considered were substantially equal, customer preference, which favored Gulf Power, would determine the outcome of the dispute. The Supreme Court affirmed the Commission’s order granting Gulf Power the right to serve the Freedom Walk development, holding that the Commission’s findings and conclusions were supported by competent substantial evidence and were not clearly erroneous.
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