DATE:	December 3, 2009
TO:	Office of Commission Clerk (Cole)
FROM:	Office of the General Counsel (Cowdery, Cibula) Division of Economic Regulation (Kummer, Thompson)
RE:	Docket No. 090512-EI – Petition to initiate rulemaking by Stephen B. Goldenberg to amend Rule 25-6.105, F.A.C., Refusal or Discontinuance of Service by Utility.
AGENDA:	12/15/09 – Regular Agenda – Interested Persons May Participate
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Klement
CRITICAL DATES:			12/16/09 (30 day statutory deadline)
SPECIAL INSTRUCTIONS:			None
FILE NAME AND LOCATION:			S:\PSC\GCL\WP\090512.RCM.DOC

 

 Case Background

            On November 16, 2009, Mr. Stephen B. Goldenberg (Petitioner) filed a Petition to Initiate Rulemaking with the Commission.  Petitioner seeks to have the Commission amend Rule 25-6.105, Florida Administrative Code, such that notice of discontinuance of service is delivered to not only the electric customer but also to the premises where service is to be discontinued. 

 

            Pursuant to section 120.54(7), Florida Statutes, the Commission has 30 days following the date of filing the petition to initiate rulemaking proceedings, otherwise comply with the requested action, or deny the petition with a statement of its reasons for the denial.  The 30 day period ends on December 16, 2009.

 

            This recommendation addresses whether the Commission should grant Petitioner’s rulemaking petition.  The Commission has jurisdiction pursuant to sections 120.54 and 366.05(1), Florida Statutes.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Discussion of Issues

Issue 1: 

 Should the Commission grant the petition to initiate rulemaking to amend Rule 25-6.105, Florida Administrative Code?

Recommendation: 

 Yes, the Commission should grant the petition to initiate rulemaking.  (Cowdery, Kummer, Thompson)

Staff Analysis: 

 Mr. Goldberg requests that the Commission initiate rulemaking to amend Rule 25-6.105.  Rule 25-6.105 is appended to this recommendation as Attachment A.

 

Rule 25-6.105(5) states that, with certain listed exceptions, if the utility will discontinue service, the utility shall notify the customer at least 5 working days prior to discontinuance that service will cease unless the deficiency is corrected in compliance with the utility’s regulations, resolved through mutual agreement, or successfully disputed by the customer.  Rule 25-6.105(5)(g) provides that each utility may refuse or discontinue service for non-payment of bills or non-compliance with the utility’s rules and regulations, and only after there has been a diligent attempt to have the customer comply, including at least 5 working days’ written notice to the customer, such notice being separate and apart from any bill for services, provided that those customers who so desire may designate a third party in the company’s service area to receive a copy of such delinquent notice. 

 

            Petitioner requests a revision of Rule 25-6.105(5) and (5)(g) to add that notice must be delivered not only to “the customer” but also to the premises where such discontinuance of service is to happen.  Petitioner’s rationale is that the customer may not live at the service premises and it is imperative that the parties actually occupying the premises where the service is being provided be given some notice prior to having service discontinued.  Petitioner states that no one should find that his/her/their electric service is discontinued without being given any notice thereof. 

 

Pursuant to section 366.05(1), Florida Statutes, the Commission has authority to implement the rule amendment proposed by Petitioner.  In addition, the Commission does not currently have a rule which specifically addresses the concerns raised by Petitioner.  Therefore, staff recommends that the Commission grant the petition to initiate rulemaking. 

 

Staff notes that a Commission decision to grant the petition to initiate rulemaking merely begins the rulemaking process.  It does not mean that the Commission has proposed or adopted any rule amendment.  If the Commission follows staff’s recommendation, then a Notice of Rule Development will be issued and a staff workshop will be held.  This will allow all interested persons to participate and discuss the potential rule amendment and will give staff an opportunity to collect information that is needed to evaluate the proposed changes.  Staff will return at a later date with a recommendation for the Commission on whether or not to propose adoption of an amendment to Rule 25-6.105. 

 

 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 No.  If the Commission approves staff’s recommendation in Issue 1, this docket should remain open to proceed with the rulemaking process.  (Cowdery)

Staff Analysis:

  If the Commission approves staff’s recommendation in Issue 1, this docket should remain open to proceed with the rulemaking process.