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DATE:

August 6, 2009

TO:

Office of Commission Clerk (Cole)

FROM:

Division of Economic Regulation (Redemann)

Office of the General Counsel (Klancke)

RE:

Docket No. 090315-SU – Application for quick-take amendment of Certificate No. 379-S in Seminole County by Alafaya Utilities, Inc.

County: Seminole

AGENDA:

08/18/09Regular Agenda – Interested Persons May Participate

COMMISSIONERS ASSIGNED:

All Commissioners

PREHEARING OFFICER:

Argenziano

CRITICAL DATES:

None

SPECIAL INSTRUCTIONS:

None

FILE NAME AND LOCATION:

S:\PSC\ECR\WP\090315.RCM.DOC

 

 Case Background

Alafaya Utilities, Inc. (Alafaya or utility), a subsidiary of Utilities, Inc., is a Class A wastewater utility located in Seminole County.  It provides wastewater service to approximately 7,106 residential customers, 154 general service customers, and 1,663 reuse customers.  Alafaya is located in the St. Johns River Water Management District which is considered a priority water resource caution area.  Water service is provided by the City of Oviedo.  In 2008, the utility had annual operating revenues of $3,791,018 for wastewater, with a net operating income of $554,193 for wastewater.  Alafaya recently applied for a limited proceeding in Docket No. 090121-SU, to recover the cost of upgrading and expanding the reuse system, to recover the utility’s modernization of its accounting system, and to recover digester costs.[1]

On May 19, 2009, the utility filed an application for an amendment to Certificate No. 379-S in Seminole County, Florida, pursuant to Rule 25-30.036(2), Florida Administrative Code (F.A.C.).  The Commission has jurisdiction pursuant to Section 367.045, Florida Statutes (F.S.). 


Discussion of Issues

Issue 1

  Should the Commission acknowledge Alafaya Utilities, Inc.’s “Quick Take” application to amend Certificate No. 379-S in Seminole County?

 

 

Recommendation

 Yes, the Commission should acknowledge Alafaya  amendment application to expand its territory.  The proposed territory amendment is described in Attachment A to this recommendation.  The resultant order should serve as Alafaya Utilities, Inc.’s amended certificate and it should be retained by the utility.  The utility should charge the customers in the territory added herein the monthly service rates and charges contained in its current tariff until authorized to change by the Commission.  (Redemann)  

Staff Analysis

 On May 19, 2009, Alafaya applied for a “Quick Take” amendment to Certificate No. 379-S in Seminole County, Florida, pursuant to Rule 25-30.036(2), F.A.C.  The completed application was filed on June 3, 2009.  The requested territory, which is contiguous to the utility’s existing service territory, is for seven proposed residential homes.  According to Alafaya, no other utility in the area is willing or capable of providing reasonably adequate service to the territory.

The “Quick Take” amendment process is designed for service territory additions of less than 25 equivalent residential connections (ERCs).  The abbreviated application requires less information than an amendment file pursuant to Rule 25-30.036(3), F.A.C.,  and requires less staff time to process.  The amendment is considered approved when the utility completes the filing requirements and if no protest is timely filed to the notice of application.

The application is in compliance with the governing statute, Section 367.045, F.S., and other pertinent statutes and administrative rules concerning an application for amendment of certificate.  The application contains proof of compliance with the noticing provisions set forth in Rule 25-30.030, F.A.C.  Adequate service territory maps and a territory description have been provided as prescribed by Rule 25-30.036(3)(e) and (i), F.A.C. 

Alafaya’s wastewater plant is regulated by the Department of Environmental Protection’s (DEP) Central District office in Orlando.  The utility is current in all of the required chemical analyses and the utility has met all required standards for wastewater.  The wastewater effluent quality is considered to be satisfactory by the DEP.  Based on the above information, the Commission should acknowledge Alafaya’s amendment application to expand its territory.  The proposed territory amendment is described in Attachment A to this recommendation.  The resultant order should serve as Alafaya’s amended certificate and it should be retained by the utility.  The utility should charge the customers in the territory added herein the monthly service rates and charges contained in its current tariff until authorized to change by the Commission.


Issue 2

 Should the docket be closed?

Recommendation

 Yes.  There are no further actions to be taken in this docket, and the docket should be closed. (Klancke)

Staff Analysis

 Yes.  There are no further actions to be taken in this docket, and the docket should be closed.

 


Alafaya Utilities, Inc.

Seminole County

Wastewater Service Area

 

Part of the Oviedo Forest subdivision

 

That part of Section 12, Township 21 South, Range 31 East, Seminole County, Florida, being more particularly described as follows:

Commence at the Northeast corner of Section 12, Township 21 South, Range 31 East and run South along the east boundary line of Section 12 a distance of 917.6 feet to the Point of Beginning, thence run S54°26’3”E a distance of 211.8 feet, thence run S15°40’38”W a distance of 138.5 feet, thence run S40°37’13”E a distance of 269.3 feet, thence run S20°53’56”E a distance of 64.9 feet, thence run S0°35’38”W a distance of 129.9 feet, thence run S80°15’8”W a distance of 99.9 feet, thence run S61°33’58”W a distance of 153.3 feet, thence run S31°29’44”W a distance of 191.8 feet to a point on the east boundary line of Section 12, Township 21 South, Range 31 East, thence run North along said boundary line a distance of 901.9 feet to the Point of Beginning.

 

Note: The legal description is based on Seminole County’s Property appraisers database.  The lots extending beyond Section 12 appear to be within Section 7 based on Section boundaries.  However, the property appraisal information for each parcel classifies them in Section 12.


 

FLORIDA PUBLIC SERVICE COMMISSION

authorizes

Alafaya Utilities Inc.

pursuant to

Certificate Number 379-S

 

to provide wastewater service in Seminole 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

 

14841                                      09-03-1985     850209-SU                  Original Certificate

 

15573                                      01-23-1986     860014-SU                  Amendment

 

18486                                      12-02-1987     870923-SU                  Amendment

 

19579                                      06-28-1988     880562-SU                  Amendment

 

PSC-93-0358-FOF-SU          03-08-1993     920885-SU                  Amendment

 

PSC-95-0489-FOF-SU          04-18-1995     941106-SU                  Transfer

 

PSC-96-1281-FOF-SU          10-15-1996     951419-SU                  Amendment

 

PSC-04-0149-FOF-SU          02-11-2004     030957-SU                  Amendment

 

PSC-06-0826-FOF-SU          10-06-2006     060400-SU                  Amendment

 

PSC-06-0826A-FOF-SU        11-20-2006     060400-SU                  Amendatory

 

PSC-06-0826B-FOF-SU        11-22-2006     060400-SU                  Second Amendatory

 

*                                              *                      090315-SU                  Amendment

 

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



[1] Docket No. 090121-SU, In Re: Application for limited proceeding rate increase in Seminole County by Alafaya Utilities, Inc.