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POLK COUNTY v. FLORIDA PUBLIC SERVICE COM'N

Nos. 63875, 63892.

460 So.2d 370 (1984)

POLK COUNTY, Appellant, v. FLORIDA PUBLIC SERVICE COMMISSION, et al., Appellees. LEON COUNTY, Appellant, v. FLORIDA PUBLIC SERVICE COMMISSION, et al., Appellees.

Supreme Court of Florida.

December 6, 1984.

Attorney(s) appearing for the Case

Irvin S. Cowie, Monte J. Tillis, Jr., Mark F. Carpanini and Dawn Grant Kahre, Bartow, for Polk County.

F.E. Steinmeyer, III, County Atty., and O. Earl Black, Jr., Asst. County Atty., Tallahassee, for Leon County.

William S. Bilenky, Gen. Counsel and Paul Sexton, Associate Gen. Counsel, Tallahassee, for Florida Public Service Commission.

Roy C. Young and Claire A. Duchemin of Young, van Assenderp, Varnadoe & Benton, Tallahassee, for Orlando Utilities Commission and City of Lakeland.

Frederick M. Bryant of Moore, Williams & Bryant, Tallahassee, and Davisson F. Dunlap, Jr. of Pennington, Wilkinson & Dunlap, Tallahassee, for City of Tallahassee.

Ann Carlin, Office of the City Atty., Gainesville, amicus curiae for City of Gainesville and joins in brief of appellees.

Frederick M. Bryant and Davisson F. Dunlap, Jr. of Pennington, Wilkinson & Dunlap, Tallahassee, amicus curiae for City of Moore Haven, City of Wauchula, Lake Worth Utilities Authority, City of Blountstown, City of Alachua and City of Bushnell and joins in brief of appellees.

OVERTON, Justice.

These consolidated cases are before us on petitions for review of action of the Florida Public Service Commission. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const.

The question presented concerns the validity of Florida Administrative Code Rule 25-9.525.* The rule, adopted by the Public Service Commission after giving proper notice and conducting public hearings...

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