FLORIDA PUBLIC SERVICE COMMISSION
COMMISSION CONFERENCE AGENDA
CONFERENCE DATE AND TIME: June 5, 2007, 9:30 a.m.
LOCATION: Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148
NOTICE
Persons affected by Commission action on certain items on this agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at this conference. These items are designated by double asterisks (**) next to the agenda item number.
To participate informally, affected persons need only appear at the agenda conference and request the opportunity to address the Commission on an item listed on agenda. Informal participation is not permitted: (1) on dispositive motions and motions for reconsideration; (2) when a recommended order is taken up by the Commission; (3) in a rulemaking proceeding after the record has been closed; or (4) when the Commission considers a post-hearing recommendation on the merits of a case after the close of the record. The Commission allows informal participation at its discretion in certain types of cases (such as declaratory statements and interim rate orders) in which an order is issued based on a given set of facts without hearing.
See Rule 25-22.0021, F.A.C., concerning Agenda Conference participation and Rule 25-22.0022, F.A.C., concerning oral argument.
To obtain a copy of staff’s recommendation for any item on this agenda, contact the Office of Commission Clerk at (850) 413‑6770. There may be a charge for the copy. The agenda and recommendations are also accessible on the PSC Website, at http://www.floridapsc.com, at no charge.
Any person requiring some accommodation at this conference because of a physical impairment should call the Office of Commission Clerk at (850) 413‑6770 at least 48 hours before the conference. Any person who is hearing or speech impaired should contact the Commission by using the Florida Relay Service, which can be reached at 1‑800‑955‑8771 (TDD). Assistive Listening Devices are available in the Office of Commission Clerk, Betty Easley Conference Center, Room 110.
Video and audio versions of the conference are available and can be accessed live on the PSC Website on the day of the Conference. The audio version is available through archive storage for up to three months after the conference.
1..................... Approval of Minutes
May 8, 2007, Regular Commission Conference
2**................. Consent Agenda
1 Approval of Minutes
May 8, 2007, Regular Commission Conference
PAA A) Application for certificate to provide competitive local exchange telecommunications service.
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DOCKET NO. |
COMPANY NAME |
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VoTTs Communications, LLC |
Recommendation: The Commission should approve the action requested in the docket referenced above and close this docket.
3**PAA Docket No. 070136-TI – Acknowledgment of cancellation of IXC Registration No. TJ656 by Line 1 Communications, LLC d/b/a Direct Line Communications, effective March 1, 2007.
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Critical Date(s): |
None |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
CMP: Isler GCL: McKay |
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Issue 1:
Should the Commission deny Line 1 Communications, LLC d/b/a Direct Line Communications, a voluntary cancellation of its IXC tariff and Registration No. TJ656 and cancel the tariff and remove the company’s name from the register on the Commission’s own motion with an effective date of March 1, 2007?
Yes. The company should be denied a voluntary cancellation as listed on Attachment A on staff’s May 23, 2007, memorandum.
Issue 2:
Should this docket be closed?
Staff recommends that the Order issued from this recommendation will become final and effective upon issuance of a Consummating Order, unless a person whose substantial interests are affected by the Commission’s decision files a protest that identifies with specificity the issues in dispute, in the form provided by Rule 28-106.201, Florida Administrative Code, within 21 days of the issuance of the Proposed Agency Action Order. As provided by Section 120.80(13)(b), Florida Statutes, any issues not in dispute should be deemed stipulated. If the company fails to timely file a protest and to request a Section 120.57, Florida Statutes, hearing, the facts should be deemed admitted and the right to a hearing waived. If the company pays the Regulatory Assessment Fees prior to the expiration of the Proposed Agency Action Order, then the cancellation of the company’s tariff and the removal of its name from the register will be voluntary. If the company fails to pay the Regulatory Assessment Fees prior to the expiration of the Proposed Agency Action Order, then the company’s IXC tariff should be cancelled administratively and its name removed from the register, and the collection of the past due Regulatory Assessment Fees should be referred to the Florida Department of Financial Services for further collection efforts. If the company’s IXC tariff is cancelled and its name removed from the register in accordance with the Commission’s Order from this recommendation, the company should be required to immediately cease and desist providing intrastate interexchange telecommunications service in Florida. This docket should be closed administratively either upon receipt of the payment of the Regulatory Assessment Fees or upon cancellation of the company’s IXC tariff and removal of its name from the register.
4**PAA Docket No. 070189-TI – Acknowledgment of cancellation of IXC Registration No. TJ517 by Quick Tel, Inc., effective March 26, 2007.
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Critical Date(s): |
None |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
CMP: Isler GCL: McKay |
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Issue 1:
Should the Commission deny Quick Tel, Inc., a voluntary cancellation of its IXC tariff and Registration No. TJ517 and cancel the tariff and remove the company’s name from the register on the Commission’s own motion with an effective date of March 26, 2007?
Yes. The company should be denied a voluntary cancellation as listed on Attachment A on staff’s May 23, 2007, memorandum.
Issue 2:
Should this docket be closed?
Staff recommends that the Order issued from this recommendation will become final and effective upon issuance of a Consummating Order, unless a person whose substantial interests are affected by the Commission’s decision files a protest that identifies with specificity the issues in dispute, in the form provided by Rule 28-106.201, Florida Administrative Code, within 21 days of the issuance of the Proposed Agency Action Order. As provided by Section 120.80(13)(b), Florida Statutes, any issues not in dispute should be deemed stipulated. If the company fails to timely file a protest and to request a Section 120.57, Florida Statutes, hearing, the facts should be deemed admitted and the right to a hearing waived. If the company pays the Regulatory Assessment Fees prior to the expiration of the Proposed Agency Action Order, then the cancellation of the company’s tariff and the removal of its name from the register will be voluntary. If the company fails to pay the Regulatory Assessment Fees prior to the expiration of the Proposed Agency Action Order, then the company’s IXC tariff should be cancelled administratively and its name removed from the register, and the collection of the past due Regulatory Assessment Fees should be referred to the Florida Department of Financial Services for further collection efforts. If the company’s IXC tariff is cancelled and its name removed from the register in accordance with the Commission’s Order from this recommendation, the company should be required to immediately cease and desist providing intrastate interexchange telecommunications service in Florida. This docket should be closed administratively either upon receipt of the payment of the Regulatory Assessment Fees or upon cancellation of the company’s IXC tariff and removal of its name from the register.
5**PAA Docket No. 070141-TC – Request for cancellation of PATS Certificate No. 7070 by Whitney-Phillips-T.R.F., Inc., effective March 5, 2007.
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Critical Date(s): |
None |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
CMP: Isler GCL: McKay |
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Issue 1:
Should the Commission deny Whitney-Phillips-T.R.F., Inc., a voluntary cancellation of its Pay Telephone Certificate No. 7070 and cancel the certificate on the Commission’s own motion with an effective date of March 5, 2007?
Yes. The company should be denied a voluntary cancellation as listed on Attachment A of staff’s May 23, 2007, memorandum.
Issue 2:
Should this docket be closed?
Staff recommends that the Order issued from this recommendation will become final and effective upon issuance of a Consummating Order, unless a person whose substantial interests are affected by the Commission’s decision files a protest that identifies with specificity the issues in dispute, in the form provided by Rule 28-106.201, Florida Administrative Code, within 21 days of the issuance of the Proposed Agency Action Order. As provided by Section 120.80(13)(b), Florida Statutes, any issues not in dispute should be deemed stipulated. If the company fails to timely file a protest and to request a Section 120.57, Florida Statutes, hearing, the facts should be deemed admitted and the right to a hearing waived. If the company pays the Regulatory Assessment Fees prior to the expiration of the Proposed Agency Action Order, then the cancellation of the company’s pay telephone company certificate will be voluntary. If the company fails to pay the Regulatory Assessment Fees prior to the expiration of the Proposed Agency Action Order, then the company’s pay telephone company certificate should be cancelled administratively, and the collection of the past due Regulatory Assessment Fees should be referred to the Florida Department of Financial Services for further collection efforts. If the company’s pay telephone company certificate is cancelled in accordance with the Commission’s Order from this recommendation, the company should be required to immediately cease and desist providing pay telephone service in Florida. This docket should be closed administratively either upon receipt of the payment of the Regulatory Assessment Fees or upon cancellation of the company’s pay telephone company certificate.
6** Docket No. 070260-GU – Petition for approval of standby generator rate schedules RS-SG and CS-SG, by Peoples Gas System.
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Critical Date(s): |
06/13/07 (60-day suspension date) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Draper GCL: Fleming |
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Issue 1:
Should the Commission approve Peoples’ proposed generator rate schedules?
Yes.
Issue 2:
Should this docket be closed?
Yes. If Issue 1 is approved, this tariff should become effective on June 5, 2007. If a protest is filed within 21 days of the issuance of the order, this tariff should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order.
7** Docket No. 070246-EG – Petition for approval of energy conservation programs, by Indiantown Gas Company.
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Critical Date(s): |
06/05/07 (Utility waived 60-day suspension date until this date.) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Brown, Baxter GCL: Fleming |
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Issue 1:
Should the Commission approve Indiantown Gas Company's petition to offer energy conservation programs?
Yes. The proposed Residential New Construction, Residential Appliance Replacement and Residential Appliance Retention Programs are cost effective. By allowing Indiantown to offer these residential ECCR programs, customers should see energy savings by purchasing energy-efficient natural gas appliances. Customers will also receive rebates for their purchase of the new appliances. Indiantown should also be allowed to offer the Conservation Education Program because the program is designed to teach consumers about conservation measures designed to reduce energy consumption and consequently reduce their energy bills.
Issue 2:
Should this docket be closed?
Yes. If Issue 1 is approved, this tariff should become effective on June 5, 2007. If a protest is filed within 21 days of the issuance of the order, this tariff should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order.
8 Docket No. 070098-EI – Petition for determination of need for Glades Power Park Units 1 and 2 electrical power plants in Glades County, by Florida Power & Light Company.
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Critical Date(s): |
06/16/07 (135 day deadline for final decision per statute.) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Carter |
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Staff: |
ECR: Ballinger, Bulecza-Banks, Colson, Hewitt, Matlock, Maurey, Springer, Windham GCL: Brubaker, Fleming, Holley |
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(Post-hearing decision - participation is limited to Commissioners and staff.)
(Recommendation to be filed no later than Friday, May 25, 2007.)
9** Docket No. 070291-EI – Petition for permanent approval of a performance guaranty agreement, including approval of first revised Tariff Sheet No. 9.946 by Florida Power & Light Company.
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Critical Date(s): |
07/01/07 (60-day suspension date) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Kummer GCL: Brubaker |
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Issue 1:
Should the Commission approve FPL’s petition to make the pilot PGA a permanent offering?
Yes. The Commission should make the pilot Performance Guaranty Agreement (PGA) a permanent offering and discontinue the annual reporting requirements specified in Order No. PSC-04-0406-TRF-EI.
Issue 2:
Should this docket be closed?
Yes. If Issue 1 is approved, the revised tariff should become effective June 5, 2007. If a protest is filed within 21 days of the issuance of the order, this revised tariff should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order.
10**PAA Docket No. 060638-EI – Petition for approval of storm cost recovery surcharge to recover costs associated with mandatory storm preparedness initiatives, by Florida Public Utilities Company.
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Critical Date(s): |
None |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Lewis, Bulecza-Banks, Kummer, Lee, Slemkewicz GCL: Gervasi |
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Issue 1: Should the Commission grant one of the methods included in FPUC’s October 27, 2006, amended petition for recovery of the costs of implementing storm preparedness initiatives?
Recommendation: Yes. The Commission should grant the alternative method proposed by FPUC in its October 27, 2006, amended petition to temporarily defer, with interest at the commercial paper rate, the cost of compliance with the storm preparedness initiatives mandated by the Commission in Order No. PSC-06-0351-PAA-EI. The deferred costs should be recorded in Account 186, Miscellaneous Deferred Debits, pending the determination of the final disposition of those deferred costs.
Issue 2: Should this docket be closed?
Recommendation: Yes. If no protest is filed within 21 days of the proposed agency action order by a person whose interests are substantially affected, no further action will be required and this docket should be closed upon the issuance of a consummating order.
11** Docket No. 060256-SU – Application for increase in wastewater rates in Seminole County by Alafaya Utilities, Inc.
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Critical Date(s): |
11/08/07 (8-month effective date) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Fletcher, Bulecza-Banks, Rendell GCL: Jaeger |
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Issue 1:
Should the Commission approve the Joint Motion Requesting Commission Approval of Settlement Agreement?
Recommendation: Yes. The Joint Motion and Settlement Agreement should be approved. The final rates produced by the Settlement Agreement are shown in Attachment B of staff’s May 23, 2007, memorandum. Attachment B also shows the four-year rate reduction to the settlement rates. The utility should file a proposed customer notice and revised tariff sheets within 15 days of the Commission vote, which is consistent with the Commission’s decision. The approved rates should be effective for service rendered on or after the stamped approval date of the tariff, pursuant to Rule 25-30.475(1), F.A.C., after staff has verified that the proposed customer notice is adequate and the notice has been provided to the customers. The utility should provide proof that the customers have received notice within 10 days after the date of the notice. Pursuant to the Settlement Agreement, the refund amount to be credited to CIAC should be 0.427% of revenues collected from April 12, 2007, through the day before the settlement rates become effective. The refund amount should include interest, in accordance with Rule 25-30.360(4), F.A.C.
Issue 2:
Should this docket be closed?
Yes. If the Commission approves staff’s recommendation in Issue 1, this docket should be closed upon the issuance of the final order approving the Parties’ Settlement Agreement. Further, upon the issuance of the final order approving the Parties’ Settlement Agreement, staff recommends the corporate undertaking amounts approved by the Commission for interim and PAA rates should be released.
12** Docket No. 060258-WS – Application for increase in water and wastewater rates in Seminole County by Sanlando Utilities Corp.
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Critical Date(s): |
11/27/07 (8-month effective date) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Fletcher, Bulecza-Banks, Rendell GCL: Brubaker |
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Issue 1:
Should the Commission approve the Joint Motion Requesting Commission Approval of Settlement Agreement?
Yes. The Joint Motion and Settlement Agreement should be approved. The utility should file a proposed customer notice and revised tariff sheets within 15 days of the Commission vote, which is consistent with the Commission’s decision. The approved rates should be effective for service rendered on or after the stamped approval date of the tariff, pursuant to Rule 25-30.475(1), F.A.C., after staff has verified that the proposed customer notice is adequate and the notice has been provided to the customers. The utility should provide proof that the customers have received notice within 10 days after the date of the notice.
Issue 2:
Should this docket be closed?
Yes. If the Commission approves staff’s recommendation in Issue 1, this docket should be closed upon the issuance of the final order approving the Parties’ Settlement Agreement. Further, upon the issuance of the final order approving the Parties’ Settlement Agreement, staff recommends the corporate undertaking amount approved by the Commission for interim rates and the bond or escrow agreement for the implementation of PAA rates should both be released.
13** Docket No. 060260-WS – Application for increase in water and wastewater rates in Highlands County by Lake Placid Utilities, Inc.
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Critical Date(s): |
12/24/07 (8-month effective date) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Fletcher, Bulecza-Banks, Rendell GCL: Fleming |
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Issue 1:
Should the Commission approve the Joint Motion Requesting Commission Approval of Settlement Agreement?
Yes. The Joint Motion and Settlement Agreement should be approved. The utility should file a proposed customer notice and revised tariff sheets within 15 days of the Commission vote, which is consistent with the Commission’s decision. The approved rates should be effective for service rendered on or after the stamped approval date of the tariff, pursuant to Rule 25-30.475(1), Florida Administrative Code, after staff has verified that the proposed customer notice is adequate and the notice has been provided to the customers. The utility should provide proof that the customers have received notice within 10 days after the date of the notice.
Issue 2:
Should this docket be closed?
Yes. If the Commission approves staff’s recommendation in Issue 1, this docket should be closed upon the issuance of the final order approving the Parties’ Settlement Agreement.
14** Docket No. 060261-WS – Application for increase in water and wastewater rates in Lake County by Utilities, Inc. of Pennbrooke.
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Critical Date(s): |
10/21/07 (8-month effective date) |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
Administrative |
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Staff: |
ECR: Fletcher, Bulecza-Banks, Lingo, Rendell GCL: Brubaker |
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Issue 1:
Should the Commission approve the Joint Motion Requesting Commission Approval of Settlement Agreement?
Yes. The Joint Motion and Settlement Agreement should be approved. The final water and wastewater rates produced by the Settlement Agreement are shown in Attachment B and Attachment C of staff’s May 23, 2007, memorandum, respectively. These attachments also show the four-year rate reduction to the settlement water and wastewater rates. The utility should file a proposed customer notice and revised tariff sheets within 15 days of the Commission vote, which is consistent with the Commission’s decision. The approved rates should be effective for service rendered on or after the stamped approval date of the tariff, pursuant to Rule 25-30.475(1), F.A.C., after staff has verified that the proposed customer notice is adequate and the notice has been provided to the customers. The utility should provide proof that the customers have received notice within 10 days after the date of the notice.
Issue 2:
What is the appropriate refund for the wastewater interim rate increase and for the implementation of water and wastewater PAA rates?
Recommendation: If the Commission approves staff’s recommendation in Issue 1, the appropriate interim rate refund is 4.84% of wastewater revenues collected under interim rates. The appropriate PAA rate refunds are 6.49% and 5.08% of water and wastewater revenues, respectively. In accordance with Rule 25-30.360(4), F.A.C., the refund amount should include interest. Pursuant to the Settlement Agreement, the refund amount should be credited to CIAC.
Issue 3:
Should this docket be closed?
Yes. If the Commission approves staff’s recommendation in Issue 1, this docket should be closed upon the issuance of the final order approving the Parties’ Settlement Agreement. Further, upon the issuance of the final order approving the Parties’ Settlement Agreement, staff recommends the corporate undertaking amounts approved by the Commission for interim and PAA rates should be released.
15**PAA Docket No. 070146-WS – Emergency complaint of Pasco Health Investors, LLC against Aloha Utilities for apparent violation of Sections 367.081 and 367.101, F.S.
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Critical Date(s): |
None |
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Commissioners Assigned: |
All Commissioners |
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Prehearing Officer: |
McMurrian |
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Staff: |
ECR: Fletcher, Rendell GCL: Gervasi, Holley |
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(All issues proposed agency action except for Issue 2.)
Issue 1:
Should the Commission acknowledge Pasco Health Investors, LLC’s Notice of Voluntary Dismissal?
Yes. The Commission should acknowledge Pasco Health Investors, LLC’s Notice of Voluntary Dismissal.
Issue 2:
Should the Commission approve the Special Service Availability Agreement between Aloha Utilities, Inc. and Pasco Health Investors, LLC?
Recommendation: Yes. The Commission should approve the Special Service Availability Agreement between Aloha Utilities, Inc. and Pasco Health Investors, LLC. The Special Service Availability Agreement should become effective upon the date of the Commission’s vote.
Issue 3:
Should this docket be closed?
Yes. If no timely protest is filed, the docket should be closed upon the issuance of a Consummating Order because no further action is required. If a protest is filed within 21 days of the issuance of the Commission’s Order regarding the Agreement, another docket should be opened to address that protest.