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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-

Docket No. 060698-SU

Date: April 12, 2007

   
DATE: April 12, 2007
TO: Commission Clerk (Cole)
FROM: Division of Economic Regulation (Clapp, Kaproth, Walden)
Office of the General Counsel (Jaeger)
RE: Docket No. 060698-SU – Joint application for authority to transfer facilities of Del Tura Phase I, LLC d/b/a Del Tura Utilities and Certificate No. 298-S to North Fort Myers Utility, Inc., request for cancellation of Certificate No. 298-S, amendment of Certificate No. 247-S, and limited proceeding for authority to charge customers of Del Tura Utilities its authorized rates, fees and charges, in Lee County.
AGENDA: 04/24/07 – Regular Agenda – Proposed Agency Action Issue 2 – Interested Persons May Participate
COMMISSIONERS ASSIGNED: All Commissioners
PREHEARING OFFICER: Pending
CRITICAL DATES: None
SPECIAL INSTRUCTIONS: None
FILE NAME AND LOCATION: S:\PSC\ECR\WP\060698.RCM.DOC

Case Background

Del Tura Phase I, LLC d/b/a Del Tura Utilities (Del Tura, seller, or utility) is a Class B wastewater utility serving approximately 1,279 residential and 6 general service customers in Lee County. The utility is in the South Florida Water Management District. Water service is provided by Lee County. The utility’s 2005 annual report shows total operating revenue of $321,334 and net operating income of $321.

Del Tura was granted Certificate No. 298-S in 1981.1 Two amendments, two transfers, and two name changes have subsequently been approved.2

On October 20, 2006, Del Tura and North Fort Myers Utility, Inc. (NFMU or buyer) submitted a joint application for transfer of the Del Tura wastewater facilities to NFMU and a limited proceeding to charge the Del Tura customers the rates and charges approved for the NFMU customers. NFMU is a Class A utility providing water service to 1,830 residential and 15 general service customers, and wastewater service to 9,733 residential and 291 general service customers. The utility’s 2005 annual report shows total operating revenue of $389,808 and $3,609,627 and net operating income of ($140,752) and $227,093 for water and wastewater, respectively. Deficiencies were found in the application and the corrections were received on January 12, 2007.

A customer meeting was held in the Del Tura recreational facility on April 4, 2006. Approximately 200 customers were in attendance.

This recommendation addresses the transfer of the wastewater facilities from Del Tura to NFMU and a limited proceeding to address the rates and charges. The Commission has jurisdiction to consider this matter pursuant to sections 367.071 and 367.0822, Florida Statutes.

Discussion of Issues

Issue 1:1 (Clapp, Kaproth, Walden, Jaeger)" \l 1  

 Should the transfer of the Del Tura facilities to NFMU, the amendment of Certificate No. 247-S, and the cancellation of Certificate No. 298-S be approved?

Recommendation

 Yes. The transfer of the Del Tura facilities to NFMU is in the public interest and should be approved. Certificate No. 247-S should be amended to include the Del Tura service area and Certificate No. 298-S should be cancelled effective the date of the Commission vote. The resultant order should serve as the utility’s wastewater certificate and should be retained by the utility. The territory being transferred is described in Attachment A. (Clapp, Kaproth, Walden, Jaeger)

Staff Analysis

 As stated in the case background, Del Tura and NFMU applied for a transfer of utility facilities in Lee County from Del Tura to NFMU on October 20, 2006. The closing on the transfer of the utility facilities took place on October 18, 2006, subject to approval by the Commission. The purchase price was $1,300,000.

All of the filing requirements for the application were completed on January 12, 2007. The application as filed and amended is in compliance with the governing statute, section 367.071, Florida Statutes, and other pertinent statutes and administrative rules pertaining to an application for the sale, assignment or transfer of certificates of authorization. The territory being transferred is described in Attachment A.

Pursuant to Rule 25-30.030, Florida Administrative Code, the application contained the requisite proof of noticing. No objections to the application were received by the Commission and the time for filing such has expired.

According to the sales contract included with the application, NFMU will interconnect its system with the Del Tura collection system for an estimated cost of $1.3 million, and Del Tura Phase I, LLC will dismantle the Del Tura wastewater treatment plant and retain the property upon which the wastewater treatment plant is located. The application indicates that Del Tura is at capacity with approximately 1,279 customers. The facility is a 25 year-old package wastewater treatment plant which has outlived its useful life. The plant has been subject to numerous odor complaints. Further, there is insufficient effluent disposal during the rainy season; thus, the dismantling of the plant will also eliminate intermittent discharge into surface waters. Therefore, it is more cost effective to interconnect the Del Tura system with NFMU, which has sufficient capacity for the additional customers, than to correct the existing Del Tura wastewater treatment plant problems.

NFMU indicated that the cost of continuing to operate the Del Tura wastewater treatment plant, when both the Del Tura customers and the NFMU customers could be served by the NFMU plant, would not be the best financial solution because there would be duplicative regulatory and operating expenses. Further, it is NFMU’s goal to provide centralized wastewater treatment to northern Lee County.

The application contains a statement that the buyer has performed a reasonable investigation of the utility’s collection system and found the overall condition to be satisfactory and in general compliance with the requirements of the Florida Department of Environmental Protection (DEP). Staff has contacted DEP and verified that though there were past issues of odor and effluent spills, there are currently no outstanding notices of violation.

The seller’s primary business concern is operating a mobile home community and the seller does not desire to incur the financial and environmental obligations required to renovate the wastewater treatment plant and to expand the effluent disposal site at an estimated cost of $5 to $6 million. NFMU has the necessary facilities and financial and technical abilities to provide adequate, safe, and reliable wastewater service to the Del Tura Development. The buyer was granted Certificate No. 247-S as a Class C utility in 1977.3 Since that time, NFMU has grown to a Class A utility through a series of transfers and amendments. NFMU has demonstrated that it has the financial and technical ability to provide quality wastewater treatment. Therefore, staff believes the transfer is in the public interest.

The buyer is financing the purchase price of $1,300,000 through the proceeds of an industrial revenue bond issue. NFMU will also pay for the interconnection of the two systems.

Pursuant to section 367.071, Florida Statutes, the Commission may set rate base in transfer dockets. Rate base was last set for Del Tura at $1,287,072, as of October 31, 1994, pursuant to Order No. PSC-96-0770-FOF-SU. The 2005 Del Tura annual report shows net utility investment of approximately $1 million. According to the contract in this transfer, the buyer and seller agreed that the wastewater treatment facilities will be dismantled and the land retained by the seller. Only the collection lines, lift stations, and easements are being transferred to the buyer. Approximately 60% of the gross plant value is for the collection system which will be transferred to NFMU. Therefore, it appears that the $1.3 million paid by NFMU exceeds the net book value of the collection system and there would be no negative acquisition adjustment pursuant to Rule 25-30.0371, Florida Administrative Code.

Staff discussed with the buyer and seller the need for the buyer to obtain from the seller all records pertaining to utility plant in service and depreciation for the wastewater utility since rate base was last set so that the buyer will have supporting documentation for rate base for any future rate proceeding. They understand the need to maintain this information and are making every effort to see that the buyer receives this information. However, there have been several owners of the mobile home park and utility since the collection system was originally installed. To date NFMU has not been able to obtain the supporting documentation for lines.

Del Tura has no outstanding regulatory assessment fees (RAFs), and no fines or refunds are owed. Del Tura paid the 2006 RAFs for January 1, 2006 through October 19, 2006. NFMU paid the RAFs for October 20, 2006 through December 31, 2006. NFMU will be responsible for the 2007 RAFS. Del Tura filed the 2005 annual report and no penalties and interest are owed. NFMU is responsible for filing the 2006 annual report and was granted an extension to file the 2006 annual report by April 30, 2007.

Based on the above, staff recommends that the transfer of the Del Tura facilities to NFMU is in the public interest and should be approved. Certificate No. 247-S should be amended to include the Del Tura service area and Certificate No. 298-S should be cancelled effective the date of the Commission vote. The resultant order should serve as the utility’s wastewater certificate and should be retained by the utility. The territory being transferred is described in Attachment A.

Issue 2:2 (Clapp, Walden, Jaeger)" \l 1  

 Should NFMU's request for a limited proceeding to charge its current rates to the Del Tura customers be approved?

Recommendation

 Yes. NFMU’s request to charge its current rates and charges to the customers of Del Tura should be approved. The current NFMU rates are shown in Attachment B. The utility should file a proposed customer notice to reflect the Commission-approved rates. The approved rates should be effective for service rendered on or after the stamped approval date of the revised tariff sheets pursuant to Rule 25-30.475(1), Florida Administrative Code. In addition, the rates should not be implemented until staff has approved the proposed customer notice. The utility should distribute the notice to the customers no later than with the first bill containing the revised rates and should provide proof of the date the notice was given no less than ten days after the date of the notice. (Clapp, Walden, Jaeger)

Staff Analysis

 On October 20 2006, NFMU and Del Tura filed the joint application for transfer which included a request for limited proceeding for authorization to charge the Del Tura customers the rates and charges approved for NFMU. The application meets the requirements of section 367.0822, Florida Statutes, and Rules 25-30.445 and 25-30.446, Florida Administrative Code.

Rule 25-9.044(1), Florida Administrative Code, provides that in the case of change of ownership or control of a utility which places the operation under a different or new utility the company which will thereafter operate the utility business must adopt and use the rates, classification and regulations of the former operating company unless authorized to change by the Commission. The rates for Del Tura were established in Order No. 18132,4 with its most recent rate index being approved effective August 28, 2005. The customers are billed a flat rate on a quarterly basis. As stated in the case background, Del Tura had a net operating income in 2005 of $321. In addition, Del Tura reported net operating losses in 2003 and 2004 of $112,685 and $87,260, respectively.

NFMU’s last rate case in 19815 established a base facility and gallonage charge rate structure. The current rates became effective August 21, 2005, pursuant to a price index. NFMU bills customers on a monthly basis. The service availability charges were approved in 1982.6

NFMU provided information in support of its request to charge its existing rates to the Del Tura customers, including its estimated expenses associated with operating the Del Tura system.7 NFMU pointed out that Del Tura’s annual reports did not include costs for salaries, insurance, payroll taxes or property taxes since the mobile home park absorbed those costs. The estimated effect of the transfer on NFMU’s earnings for wastewater is as follows:

  NFMU
2005
Annual Report
 
Del Tura
Addition
 
 
Total        
Operating Revenue $3,609,627         $473,868          $4,083,495    
Operating Expenses   3,382,534         390,613            3,773,147    
Net Income    $227,093         $83,255             $310,348    
     

NFMU’s 2005 annual report shows a rate of return of 2.31% on investment of $9,838,480. NFMU’s reported 2005 net income with the addition of Del Tura results in an estimated net income of $310,348. The estimated cost for NFMU to interconnect with the Del Tura system is $1.3 million. Therefore, it appears that allowing NFMU to charge the Del Tura customers its existing rates will not result in NFMU over-earning pursuant to Rule 25-30.445(6), Florida Administrative Code.

Through the years, the Commission has approved transfers and amendments to NFMU with the majority of these requesting and receiving approval to charge NFMU’s current rates to the added systems and territories. The most recent of these transfers was approved in 2006.8 Therefore, NFMU’s request for the limited proceeding to charge its current rates to the Del Tura customers is typical of NFMU’s transfer and amendment applications. It should be noted that NFMU does have one system which has not been interconnected and continues to have rates that are different from all of the interconnected systems.

A customer meeting was held on April 4, 2007, at the Del Tura recreational facility. The purpose of the meeting was to hear public comments regarding NFMU’s application for the transfer and authority to charge the customers of Del Tura its authorized rates and charges. Approximately 200 customers attended the customer meeting. Several customers had questions concerning the timing of the interconnection, treatment plant decommissioning, and the impact of the rate change on customer bills.

Staff explained that the sales agreement indicated that ownership of the wastewater treatment plant and the cost for dismantling and disposing of it would be the seller’s responsibility. The ownership of the residential non-potable irrigation system, which obtains its source water from the local surface waters, will be retained by the seller. NFMU will interconnect the Del Tura collection system with the NFMU collection system and provide reuse for the Del Tura golf course irrigation system. The interconnection is expected to take place later this year.

In addition, staff explained to the customers that if the Commission approves the proposed change in rates, the billing would change from quarterly to monthly. Customers using an average of 3,000 gallons of water per month will see an increase of $1.72 per month, while customers using an average of 10,000 gallons per month will see an increase of $30.77 per month. The maximum customer bill would be $52.93 because the wastewater bills are capped at 10,000 gallons. Del Tura customer usage averages approximately 3,150 gallons per month, although some customers have higher usage because of water used for irrigation. In response to customer questions about wastewater rates being based on water demand, staff explained that the NFMU gallonage charge and cap were designed to reflect that not all water usage is returned to the wastewater system. Staff suggested that customers interested in having a separate meter for irrigation could contact Lee County, the local water provider. In response to questions about a vacation rate, staff explained that the base facility charge is designed to allow the utility to recover ongoing fixed costs that do not decrease when there is less demand on the system. The current Del Tura and NFMU rates, and a comparison of current and proposed monthly bills are shown on Attachment B.

NFMU’s request to charge its current rates and charges to the customers of Del Tura should be approved. The current NFMU rates are shown in Attachment B. The utility should file a proposed customer notice to reflect the Commission-approved rates. The approved rates should be effective for service rendered on or after the stamped approval date of the revised tariff sheets pursuant to Rule 25-30.475(1), Florida Administrative Code. In addition, the rates should not be implemented until staff has approved the proposed customer notice. The utility should distribute the notice to the customers no later than with the first bill containing the revised rates and should provide proof of the date the notice was given no less than ten days after the date of the notice.

Issue 3:3 (Jaeger)" \l 1  

 Should this docket be closed?

Recommendation

 Yes, if no timely protest to the proposed agency action order is filed by a substantially affected person within 21 days, a Consummating Order should be issued and the docket should be closed. In the event there is a timely protest, this docket should remain open pending resolution of the protest. (Jaeger)

Staff Analysis

 If no timely protest to the proposed agency action order is filed by a substantially affected person within 21 days, a Consummating Order should be issued and the docket should be closed. In the event there is a timely protest, this docket should remain open pending resolution of the protest.

LEGAL DESCRIPTION

Del Tura Territory

Order No. 10310

A parcel of land lying in Section 16, Township 43 South, Range 24 East, Lee County, Florida, more particularly described as follows:

Commence at the Southwest corner of said Section 16, said point being the Point of Beginning, thence run east along said south boundary line of Section 16, 5,180.40 feet more or less to a point, thence N. 26°05'06” W. 2258.80 feet more or less to a point, thence N. 63°56'08” E. 491.26 feet more or less to a point on the west right-of-way line of State Road 45, thence N. 26°05'06” W. along said westerly right-of-way line 66 feet more or less to a point, thence S. 63°56'08” W. 491.26 feet more or less to a point, thence N. 26°05'06” W. 300.05 feet more or less to a point, thence N. 63°56'08” E. 476.30 feet more or less to a point on the westerly right-of-way line of State Road 45, thence northwesterly along said westerly right-of-way line 1721.75 feet more or less to a point, thence leaving said westerly right-of-way line run S. 63°56'08” W. 800 feet more or less to a point, thence N. 25°58'00” W. 268.78 feet more or less to a point, thence S. 67°14'48” W. 3089.60 feet more or less to a point on the westerly section line of said Section 16, thence south along said westerly section line of Section 16, 2851.06 feet more or less to the Point of Beginning.

AND

Order No. 19115

A parcel of land lying in the North half of Section 16, Township 43 South, Range 24 East, Lee County, Florida, more particularly described as follows:

Commencing at the North Quarter Corner of Section 16, thence South 89°49’58” West (basis of bearings being the Florida State Plane Coordinate system) along the north line of said Section 16, a distance of 2,155.39 feet to the Point of Beginning; thence continuing South 89°49’58” West, a distance of 338.42 feet; thence South 65°24’12” West, a distance of 312.69 feet to the west line of said Section 16, being 130.00 feet south of the northwest corner of said Section 16, thence South 0°26’28” East a distance of 1453.89 feet along said west line; thence North 75°41’23” East a distance of 1028.03 feet; thence North 14°18’37” West a distance of 523.30 feet; thence North 17°11’09” West a distance of 862.68 feet to the Point of Beginning.

AND

Order No. 20513

A parcel of land in Section 16, Township 43 South, Range 24 East, Lee County, Florida more particularly described as follows:

Commence at the Northwest corner of Section 16, Township 43 South, Range 24 East thence N. 89°50'24” E. along the north line of the Northwest one quarter of said Section 16 for 624.33 feet; thence S. 17°10'19” E. along the westerly line of Fountain View according to the plat thereof as recorded in Plat Book 34 Pages 165-172 of the Public Records of Lee County, Florida for 862.80 feet; thence S. 14°18'16” E. along the westerly line of Fountain View Unit 1-A according to the plat thereof as recorded in Plat Book 36 at Pages 50-51 of the aforementioned Public Records for 35.04 feet to the Point of Beginning of the herein described parcel of land; thence along the southerly boundary of Fountain View Unit 1-A for the following described two (2) courses; (1) N. 75°14'50” E. for 487.93 feet; (2) thence N. 89°58'28” E. for 301.37 feet; thence along the southerly boundary of the aforementioned plat of Fountain View for the following described three (3) courses; (1) S. 14°18'10” E. for 190.56 feet; (2) thence N. 75°41'50” E. for 889.91 feet; (3) thence N. 63°52'50” E. for 739.60 feet to an intersection with the westerly right-of-way line of S.R. 45 (U.S. 41 Tamiami Trail) Section 12010-2511; thence S. 26°07'10” E. along said westerly right-of-way for 937.54 feet; thence S. 63°52'50” W. for 739.79 feet; thence N. 26°07'10” W. for 268.69 feet; thence S. 67°06'54” W. for 3089.60 feet to an intersection with the west line of the Northwest one quarter of the aforementioned Section 16; thence N. 0°26'20” W. along said west line for 919.07 feet; thence N. 75°41'50” E. for 1028.11 feet; thence N. 14°18'16” W. for 523.40 feet to the Point of Beginning.

FLORIDA PUBLIC SERVICE COMMISSION

authorizes

North Fort Myers Utility, Inc.

pursuant to

Certificate Number 247-S

to provide wastewater service in Lee 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

8025 10/25/77 770709-S Grandfather

11300 11/02/82 820278-S Extension

12572 10/04/83 830316-S Extension

15659 02/12/86 830362-S Extension

19059 03/29/88 871306-SU Extension

PSC-92-0537-FOF-SU 06/22/92 920037-SU Amendment/Del Tura Plaza

PSC-92-0588-FOF-SU 06/30/92 920273-SU Amendment/Forest Park

PSC-93-0971-FOF-SU 06/29/93 930289-SU Amendment/Fountain View

PSC-93-1851-FOF-SU 12/30/93 931040-SU Amendment/Northside Pavillion

PSC-93-1821-FOF-SU 12/22/93 930379-SU Amendment/Laurel Estates/

Lake Arrowhead

PSC-94-0450-FOF-SU 04/14/94 931164-SU Amendment/Carriage Village

PSC-94-0726-FOF-SU 06/13/94 930724-SU Amendment/Lazy Days

PSC-95-0576-FOF-SU 05/09/95 940963-SU Amendment/Tamiami Village

PSC-99-2444-AS-SU 12/14/99 981781-SU Amendment/Buccaneer Estates

PSC-01-0036-PAA-WS 02/09/01 000277-WS Transfer/Pine Lakes/

Lake Fairways

PSC-02-0481-FOF-SU 04/08/02 011006-SU Amendment Addition

PSC-04-1218-FOF-SU 12/09/04 040818-SU Amendment Deletion/Judd

Creek East

PSC-06-0055-PAA-SU 01/23/06 050323-SU Transfer/Heron’s Glen

* * 060698-SU Transfer Del Tura

*Order Number and date to be provided at time of issuance.

ATTACHMENT B

Monthly Service Rates

Residential Service

            Del Tura*           NFMU
All Meter Sizes $22.16 $11.43
Charge per 1,000 gallons
(Maximum 10,000 gallons)
$0.00 $4.15

Sample Residential Bills
      Increase
 3,000 gallons $22.16 $23.88 7.8%
 5,000 gallons 22.16 32.18 45.2%
10,000 gallons 22.16 52.93 138.9%

General Service

Base Facility Charge    
Clubhouse $221.63  
Satellite Recreational Areas 1, 2, and 3 22.16  
Sales/Administrative Offices 88.64  
Construction Office 44.33  
5/8” x 3/4” -- 11.26
1” -- 28.11
1 ½” -- 56.22
2” -- 89.94
3” -- 179.87
4” -- 281.03
6” -- 562.17
Charge per 1,000 gallons 0.00 $4.15

Customer Deposits**
5/8" x 3/4" Meter Size $0.00 $31.00
Service Availability Charges**
Plant capacity charge    
Single Family (ERC=275 GPD) -- $635.00 per ERC
All others -- $2.31 per gallon

*Billed quarterly

**The owners of the Del Tura property have prepaid NFMU the plant capacity charges for the few remaining undeveloped lots. Existing customers will not be required to pay a service availability charge or customer deposit.

1 Certificate issued pursuant to Order No. 10310, issued September 28, 1981, in Docket No. 810322-S, In Re: Application of North Trail Utilities for a certificate to provide sewer service in Lee County, Florida, pursuant to Section 367.041, Florida Statutes.  

2 The certificated territory was amended pursuant to Order No. 19115, issued April 4, 1988, in Docket No. 880017-SU, In re: Application of North Trail Utilities for amendment of Certificate No. 298-S in Lee County. The territory was amended again pursuant to Order No. 20513, issued December 23, 1988, in Docket No. 881338-SU, In re: Application by North Trail Utilities for amendment of Certificate No. 298-S in Lee County, Florida. A transfer was approved pursuant to Order No. PSC-96-0770-FOF-SU, issued June 17, 1996, in Docket No. 950781-SU, In re: Application for transfer of majority organizational control of Sun Coast Investment Group, Ltd. and change of name on Certificate No. 298-S from North Trail Utilities to Chateau Communities, Inc. in Lee County. Another transfer at the grandparent level was approved pursuant to Order No. PSC-05-0186-PAA-WS, issued February 17, 2005, in Docket No. 030998-WS, In re: Joint application for approval of transfer of majority organizational control of Chateau Communities, Inc., grandparent of Del Tura Phase I, LLC d/b/a Del Tura Utilities, holder of Certificate No. 298-S in Lee County; CWS Communities LP d/b/a Palm Valley Utilities, holder of Certificate Nos. 277-W and 223-S in Seminole County; and CWS Communities LP, holder of Certificate No. 518-W in Lake County, to Hometown America, L.L.C. A subsequent name change was approved pursuant to Order No. PSC-03-1136-FOF-SU, issued October 10, 2003, in Docket No. 030749-SU, In re: Application for name change on Certificate No. 298-S in Lee County from Chateau Communities, Inc. to Del Tura Phase I, LLC. The recent name change was approved pursuant to Order No. PSC-04-1161-FOF-SU, issued on November 22, 2004, in Docket No. 040552-SU, In re: Application for name change on Certificate No. 298-S in Lee County from Del Tura Phase I, LLC to Del Tura Phase I, LLC d/b/a Del Tura Utilities.

3 Order No. 8025, issued October 25, 1977, in Docket No. 770709-S, In re: Application of Old Bridge Corporation for a certificate to operate a sewer utility in Lee County, Florida, pursuant to Section 367.171, Florida Statutes.

4 Order No. 18132, issued September 8, 1987, in Docket No. 861643-SU, In re: Application of North Trail Utilities for a staff assisted rate case in Lee County.

5 Order No. 11360, issued November 24, 1982, in Docket No. 810477-S, In re: Application of Old Bridge Utilities, Inc., for an increase in sewer rates in Lee County, Florida. (The rates were modified in a subsequent order in the same docket Order No. 12244, issued July 14, 1983.)

6 Order No. 11359, issued November 24, 1982, in Docket No. 810462-S, In re: Application of Old Bridge Utilities, Inc., for approval of a uniform main extension and sewer service policy.

7 Del Tura reported operating expenses of $229,845 on its 2005 annual report.

8 Order No. PSC-06-0055-PAA-SU, issued January 23, 2006, in Docket No. 050323-SU, In re: Joint application for authority to transfer facilities of Coolidge-Ft. Myers Realty Limited Partnership d/b/a Heron’s Glen Utilities and Certificate No. 456-S to North Fort Myers Utility, Inc., request for cancellation of Certificate No. 456-S, amendment of Certificate No. 247-S, and limited proceeding for authority to charge customers of Heron’s Glen Utilities its authorized rates, fees and charges, in Lee County.

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