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State of Florida
Public Service Commission
Capital Circle Office Center 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
DATE: |
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TO: |
Director, Division of the Commission Clerk &
Administrative Services (Bayó) |
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FROM: |
Division of Economic Regulation (Clapp, Redemann) Office of the General
Counsel (Jaeger) |
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RE: |
Docket No. 060139-WU – Application for
certificate to operate water utility in County: |
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AGENDA: |
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COMMISSIONERS
ASSIGNED: |
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PREHEARING
OFFICER: |
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SPECIAL
INSTRUCTIONS: |
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S:\ |
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On
The utility’s
initial application was found to be deficient.
The utility corrected the deficiencies on
The utility will
provide service to
Colina was
formed on
The completed
water system will consist of one 101 gallons per minute (gpm) well, a central
treatment plant, and a 15,000 gallon hydropneumatic storage tank. Treatment will include sodium hypochlorite
and possibly aeration for removal of sulfides.
This
recommendation addresses the application for original water certificate and
initial rates and charges. The
Commission has jurisdiction pursuant to Sections 367.031 and 367.045, Florida
Statutes.
Issue 1:
Should the Colina Bay Water Company, LLC application for a water certificate be granted?
Recommendation:
Yes, Colina Bay Water Company, LLC should be granted Certificate No. 632-W to serve the territory described in Attachment A effective the date of the Commission’s vote. The resultant order should serve as Colina’s water certificate and it should be retained by the utility. The utility should file an executed and recorded copy of the warranty deed for the land for the water facilities within 30 days of the issuance date of the Order granting the certificate. (Clapp, Redemann, Jaeger)
Staff Analysis:
As stated in the case
background, Colina filed its completed application for an original water certificate to provide service in
The Colina has not provided
evidence that the utility owns the land upon which the utility's facilities
will be located. However, Rule
25-30.033(1)(j), Florida Administrative Code, allows an applicant who does not
own the land to submit an unexecuted copy of the warranty deed, provided the utility
files an executed and recorded copy of the deed within 30 days after the Order
granting the certificate. Accordingly,
the applicant has submitted an unexecuted copy of a warranty deed and has
agreed to file an executed and recorded warranty deed with the Commission
within 30 days of the Commission order granting a certificate to the utility.
Adequate service territory and
system maps and a territory description have been provided as prescribed by
Rule 25-30.033(1)(l),(m) and (n), Florida Administrative Code. A description of the territory requested by
the applicant is appended to this memorandum as Attachment A.
The applicant appears to have the
financial and technical ability to provide water service to the proposed
service area. Regarding financial
ability, the application states that the developer will provide necessary
startup funding as well as funds sufficient to cover operation shortfalls
during the utility’s initial years.
Staff has reviewed the financial statements of the developer and it
appears that there are adequate resources to support the utility during the
initial years of operation.
Regarding the applicant's
technical ability, the developer indicated that it will make the financial and
operating commitment necessary for the utility to be successful in its endeavor
to provide water service to the residents within the Colina service
territory. Towards that end, the
applicant will retain licensed professionals for management and operation of
the utility systems.
According to the application,
there is currently a need for water service within the proposed service
territory. As discussed in the case
background, the developer anticipates that the construction of the water
facilities will commence in 2006. The
development will consist of 73 single family estate homes to be developed in
2006 through 2010. Further, the
applicant believes there are no other utilities near the proposed service area
which can provide the necessary water service, and construction of Colina is
the only viable alternative.
The application states that the
provision of service in the proposed service territory, as outlined in the
application, is consistent with the water sections of the local comprehensive
plan for
Historically the Commission has
issued a separate document that served as the utility’s certificate of
authorization. As a cost and time saving
measure, staff recommends that the Commission order should serve as the
utility’s certificate of authorization. The
type of information contained in Attachment B should be included in all future
orders that concern a utility’s certificate.
Staff will begin rulemaking in the near future to revise references in
Rule 25-30, Florida Administrative Code, to facilitate this change. No change to Chapter 367, Florida Statutes,
is required.
Based on the above information, staff believes it is in the public interest to grant the application for original certificate. Accordingly, staff recommends that Colina Bay Water Company, LLC be granted Certificate No. 632-W to serve the territory described in Attachment A effective the date of the Commission’s vote. The resultant order should serve as Colina’s water certificate and it should be retained by the utility. The utility should file an executed and recorded copy of the warranty deed for the land for the water facilities within 30 days of the issuance date of the Order granting the certificate.
Issue 2:
What are the appropriate initial water rates and return on investment for this utility?
Recommendation:
The staff recommended water rates, miscellaneous service charges, and late payment charge, shown on Schedule No. 4, should be approved. Colina should charge the approved rates and charges until authorized to change them by this Commission in a subsequent proceeding. The rates should be effective for services rendered or connections made on or after the stamped approval date on the tariff sheets pursuant to Rule 25-30.475, Florida Administrative Code. A return on equity of 11.78% with a range of plus or minus 100 basis points should be approved. (Clapp, Redemann)
Staff Analysis:
The requested rates and
charges in the application are based on the system operating at 80% of its
designed capacity, which is consistent with Commission policy for setting
initial rates and charges. According to
the application, the development is expected to grow steadily and reach 80%
build out in approximately four years.
Colina has estimated average
usage per ERC of 500 gallons per day (GPD) for water. In setting initial rates and charges for a
new utility, Commission practice has been to set rates so that the utility will
have an opportunity to earn a fair return on its investment when approximately
80% of its projected customers are being served. In the early years of the development, there may
not be a sufficient customer base to allow the utility to recover its operating
and maintenance expenses and earn a fair return on its investment. However, as growth reaches 80% of the
utility’s projected design capacity, the initial rates should be compensatory.
Colina’s proposed rates are based
on its projected rate base, cost of capital, operating and maintenance
expenses, and customer growth. In
reviewing the utility’s projections and the resulting proposed rates and
charges, staff verified that the utility’s methodologies are consistent with
those normally used by the Commission in setting initial rates and charges The following analysis describes the
utility’s projected rate base, return on investment, revenue requirement, and
rates and charges for water service.
PROJECTED
The utility’s projected rate base at 80% of total design capacity is
$301,365. Staff has reviewed the
utility’s projection and believes it to be reasonable. The utility’s proposed rate base appears on
Schedule No. 1. The rate base schedule is
for informational purposes to establish initial rates and is not intended to
formally establish rate base. This is
consistent with Commission practice in original certificate applications.
Utility
Plant in Service (UPIS) and Land
The utility’s projected capital costs
include $702,593 for approximately 2.56 acres of land and $579,347 for
structures and improvements, wells, supply mains, power generation and pumping
equipment, water treatment equipment, distribution reservoirs, transmission and
distribution mains, service lines, and meters.
The proposed water facilities are designed to serve total build out of
73 ERCs.
Staff has reviewed the utility’s
proposed UPIS and land costs. Although
the cost of the land per acre is relatively high, based on the supporting documentation
provided, the projections appear reasonable.
The utility is aware that, because the commission will not be formally
setting rate base in this docket, it will be required to justify the cost of
the land in a subsequent proceeding. Therefore,
staff recommends that the utility’s projected UPIS and land costs of $1,281,940
be included in the projected rate base.
Accumulated
Depreciation
The utility’s projected
accumulated depreciation is $83,411 at 80% design capacity. The projected accumulated depreciation
balance was calculated using the guidelines for average service lives as set
forth in Rule 25-30.140, Florida Administrative Code.
Contributions-in-aid-of-Construction
(CIAC)
The utility’s projected CIAC
balance of $945,715 is based on a proposed main extension charge of $2,900 per
ERC, a plant capacity charge of $9,900 per ERC, and a meter installation charge
of $155 per ERC. As discussed in Issue
3, the utility’s projected contribution level at design capacity is expected to
be approximately 75.09%.
Staff has reviewed the utility’s
proposed charges and projected CIAC balances and they appear to be reasonable. Therefore, staff recommends CIAC of $945,715
be included in the projected rate base.
Accumulated
Amortization of CIAC
The utility projected accumulated
amortization of CIAC of $43,776 at 80% of design capacity. Staff has reviewed the utility’s projection
and believes it to be reasonable. Staff
recommends accumulated amortization of CIAC of $43,776 be included in the
projected rate base.
Working
Capital
A working capital allowance of
$4,775 is included in the projected rate base calculations based on one-eighth
of operating and maintenance expenses.
Staff recommends that this amount appears reasonable, and, therefore, a
working capital allowance of $4,775 should be included in rate base.
Summary
of Projected Rate Base
Therefore, in summary, staff
recommends that a projected rate base of $301,365 be used to set initial rates
and charges. The schedule of rate base
is for informational purposes to establish initial rates and is not intended to
formally establish rate base.
The projected capital structure
for Colina appears on Schedule No. 2. As
required by Rule 25-30.033(1)(w), Florida Administrative Code, the application contained
a schedule of the projected capital structure for Colina including the methods
of financing the construction and operation of the utility. The pro forma capital structure consists of
40% equity and 60% debt. Equity
contributions will be made as required by
The 11.78% cost of equity is
based on the leverage formula in effect at the time of the company’s filing,
which became final on
Staff recommends an overall cost
of capital of 9.32% for Colina based on a capital structure consisting of 40%
equity and 60% debt, a cost of equity of 11.78%, and a cost of debt of
7.69%. Staff believes this is a
reasonable overall cost of capital for calculating the revenue requirement for
this original certificate case. Staff
further recommends that the Commission set Colina's authorized return on equity
at 11.78% with a range of plus or minus 100 basis points.
RETURN
ON INVESTMENT
The utility’s projected return on
investment based on a cost of capital of 9.32% is $28,087, which is shown on
Schedule No. 3. Based on the utility’s
projected rate base and overall return on investment for Colina of 9.32%, staff
recommends that a projected return on investment for Colina of $28,087 be
included in the calculation of the revenue requirement.
REVENUE
REQUIREMENT
Colina’s proposed revenue
requirement is $101,148. The utility’s
proposed revenue requirement and rates are based on its projected rate base,
the cost of capital, operating and maintenance expenses, and customer
growth. The following analysis describes
the utility’s proposed and staff recommended revenue requirements.
Operating
and Maintenance Expenses
The utility’s projected operating
and maintenance expenses at 80% of design capacity are $38,200. Included in these expenses are the operating
costs such as chemicals, purchased power, insurance, and contractual services. Staff recommends that the projected amounts
appear to be reasonable and, therefore, $38,200 should be included in the
revenue requirement for operating and maintenance expenses.
Depreciation
and Amortization of CIAC
The utility projected
depreciation expense at 80% of design capacity of $23,828. Projected amortization of CIAC is $14,727. Staff believes that the utility’s projected depreciation
and amortization expenses appears to be reasonable. Therefore, staff recommends that the depreciation
and amortization expenses of $23,828 and $14,727 are reasonable and should be
included in the projected revenue requirement.
Taxes
Other Than Income
The projected balance for taxes
other than income for Colina of $25,760 includes regulatory assessment fees (RAFs)
of 4.5% of gross revenues, property taxes of 1.83059% of rate base, and other
taxes and licenses. The utility’s
proposed property taxes, other taxes, and licenses appear reasonable. Therefore, staff recommends that taxes other
than income of $25,760 should be included in the projected revenue requirement.
Summary
of Revenue Requirement
Therefore, in summary, based on
staff’s analysis of the utility’s proposed operating and maintenance expenses,
depreciation and amortization of CIAC, taxes other than income, and return on
investment, staff recommends that a projected revenue requirement of $101,148
should be used in setting initial rates for Colina.
RATES
The utility’s proposed
residential and general service rates are based on a revenue requirement of $101,148. The requested water rates include a base
facility charge (BFC) and gallonage charge.
The Commission has historically considered the BFC and gallonage charge
to be an effective conservation rate structure.
Miscellaneous
Service Charges
The utility’s proposed
miscellaneous service charges are in compliance with Rule 25-30.460, Florida
Administrative Code, which defines four categories of miscellaneous service
charges. The utility has requested
authorization to implement a $5.00 late payment charge. The purpose of a late payment charge
is not only to provide an incentive for customers to make timely payments,
thereby reducing the number of delinquent accounts, but also to place the cost
burden of processing such delinquencies solely upon those who are the cost
causers. In Order Nos.
Staff recommends that the
proposed miscellaneous service charges, including the late payment fee, are
consistent with Commission rules and should be approved.
SUMMARY
The staff recommended water rates, miscellaneous service charges, and late payment charge, shown on Schedule No. 4, should be approved. Colina should charge the approved rates and charges until authorized to change them by this Commission in a subsequent proceeding. The rates should be effective for services rendered or connections made on or after the stamped approval date on the tariff sheets pursuant to Rule 25-30.475, Florida Administrative Code. A return on equity of 11.78% with a range of plus or minus 100 basis points should be approved.
Issue 3:
What are the appropriate service availability charges for Colina Bay Water Company, LLC?
Recommendation:
The service availability policy and charges set forth within the staff analysis are appropriate and should be approved effective for connections made on or after the stamped approval date on the tariff sheets. (Clapp, Redemann)
Staff Analysis:
Rule 25-30.580(1)(a),
Florida Administrative Code, provides a guideline that the maximum amount of
contributions-in-aid-of-construction (CIAC), net of amortization, should not
exceed 75% of the total original cost, net of accumulated depreciation, of the
utility's facilities and plant when the facilities and plant are at their
designed capacity. Rule 25-30.580(1)(b),
Florida Administrative Code, provides a guideline that the minimum amount of
CIAC should not be less than the percentage of such facilities and plant that
is represented by the water transmission and distribution systems.
In consideration of these
factors, staff recommends that the utility’s proposed service availability charges
shown on Schedule No. 6 are reasonable and should be approved. Staff recommends that these charges be
effective for connections made on or after the stamped approval date on the
tariff sheets.
Should the utility's proposed Allowance for Funds Used During Construction (AFUDC) rate be approved?
Recommendation:
Yes. The utility's proposed Allowance for Funds Used During Construction rate should be approved. An annual AFUDC rate of 9.32% should be approved with a discounted monthly rate of 0.7453404%. The approved rate should be applicable for eligible construction projects beginning on or after the effective date of the certificate of authorization. (Clapp)
Staff Analysis:
Issue 5:
Should this docket be closed?
Recommendation:
Yes. If no protest to the proposed agency action issues is filed by a substantially affected person within 21 days of the date of the order, a consummating order should be issued and the docket should be closed administratively upon receipt of the executed and recorded copy of the warranty deed. (Jaeger)
Staff Analysis:
If no protest to the proposed agency action issues is filed by a substantially affected person within 21 days of the date of the order, a consummating order should be issued and the docket should be closed administratively upon receipt of the executed and recorded copy of the warranty deed.
Attachment A
Page 1of 2
Colina Bay Water Company, LLC
DESCRIPTION OF TERRITORY SERVED
Water Service Area
DESCRIPTION:
THAT PART OF SECTIONS 14
COMMENCE AT THE EAST 1/4 CORNER OF SECTION 23, TOWNSHIP 22
SOUTH, RANGE 26 EAST; THENCE
Attachment A
Page 2 of 2
NORTHEASTERLY
DISTANCE OF 293.55 FEET, A CHORD BEARING OF S38°56'07"E
CONTAINS 73.75 ACRES MORE OR LESS.
Attachment B
authorizes
Colina Bay Water Company, LLC
pursuant to
Certificate Number 632-W
to provide water service in Lake County in accordance with the provisions of Chapter 367, Florida Statutes, and the Rules, Regulations, and Orders of this Commission in the territory described by the Orders of this Commission. This authorization shall remain in force and effect until superseded, suspended, cancelled or revoked by Order of this Commission.
Order Number Date Issued Docket Number Filing Type
* * 060139-WU Original Certificate
*Order Number and
date to be provided at time of issuance.
COLINA BAY WATER COMPANY, LLC.
Schedule of Water Rate Base Schedule
No. 1
At 80% of Design Capacity
DESCRIPTION |
|
UTILITY PROPOSED |
|
|
|
Utility Plant in |
|
$579,347 |
|
|
|
|
|
$702,593 |
|
|
|
Accumulated
Depreciation |
|
(83,411) |
|
|
|
Contributions
in Aid of Construction (CIAC) |
|
(945,715) |
|
|
|
Accumulated
Amortization of CIAC |
|
43,776 |
|
|
|
Working Capital Allowance |
|
4,775 |
|
|
|
WATER
|
|
$301,365 |
|
|
|
COLINA BAY WATER
COMPANY, LLC.
At 80% of Design Capacity
DESCRIPTION |
UTILITY PROPOSED |
WEIGHT |
|
WEIGHTED |
|
Common Equity |
$120,546 |
40.0% |
11.78% |
4.71% |
|
Long & Short-Term Debt |
180,819 |
60.0% |
7.69% |
4.61% |
|
Total |
$301,365 |
100.0% |
|
9.32% |
|
|
High |
Low |
|
|
|
|
|
|
Common Equity |
12.78% |
10.78% |
|
|
|
|
|
|
Overall Rate of Return |
9.72% |
8.92% |
|
|
|
|
|
|
COLINA BAY WATER COMPANY,
LLC. |
|
Schedule of Water Operating Revenues |
Schedule No. 3 |
At 80% of Design Capacity |
|
DESCRIPTION |
UTILITY PROPOSED |
|
|
|
Operating Revenues |
$101,148 |
|
|
|
Operating and Maintenance |
38,200 |
|
|
|
Net Depreciation Expense |
9,101 |
|
|
|
Taxes Other Than Income |
25,760 |
|
|
|
Income Taxes |
0 |
|
|
|
Total Operating Expense |
$73,061 |
|
|
|
Net
Operating Income(Loss) |
$28,087 |
|
|
|
Water Rate Base |
$301,365 |
|
|
|
Rate of Return |
9.32% |
|
|
|
COLINA BAY WATER COMPANY,
LLC. |
DOCKET NO.
060139WU |
Schedule of Monthly Rates and Charges |
Schedule No. 4 |
Monthly Service Rates
Residential and General Service
Base Facility Charge Meter Size: |
|
Utility Requested |
5/8" x 3/4" |
|
$31.36 |
1" |
|
$78.40 |
Charge per 1,000 gallons: |
|
$7.49 |
Typical Residential Bills
5/8" x 3/4" meter |
|
Utility Requested |
5,000 gallons |
|
$68.81 |
10,000 gallons |
|
$106.26 |
20,000 gallons |
|
$181.16 |
Miscellaneous
Service Charges
|
Utility Requested |
|
Initial Connection |
$ 15.00 |
|
Normal Reconnection |
15.00 |
|
Violation Reconnection: |
15.00 |
|
Premises Visit (in
lieu of disconnection) |
10.00 |
|
Late Payment Fee |
5.00 |
|
COLINA BAY WATER COMPANY,
LLC. |
|
Schedule of Net Plant to Net CIAC |
Schedule No. 5 |
At 100% of Design Capacity |
|
|
|
Utility Proposed |
Utility Plant in Service |
|
$1,281,940 |
Accumulated Depreciation |
|
(107,239) |
Net Plant |
|
$1,174,701 |
CIAC |
|
$945,715 |
Accum. Amortization of CIAC |
|
(60,142) |
Net CIAC |
|
$885,573 |
Net CIAC/Net Plant |
|
75.40% |
COLINA BAY WATER COMPANY,
LLC. |
|
Schedule of Service Availability Charges |
Schedule No. 6 |
|
|
Utility Proposed |
Meter
Installation Fee |
|
|
5/8" x 3/4" |
|
$
155.00 |
Over 5/8" x 3/4" |
|
Actual Cost |
Plant
Capacity Charge per ERC |
|
$9,900.00 |
Main
Extension Charge per ERC |
|
$ 2,900.00 |
ERC = 500 gpd
[1] Order No.
[2] Order
No.