DATE:	September 30, 2010
TO:	Office of Commission Clerk (Cole)
FROM:	Office of the General Counsel (Holley) Division of Economic Regulation (Willis, Hewitt)
RE:	Docket No. 100380-WS – Proposed repeal of Rule 25-10.026, F.A.C., Location and Preservation of Records; and Rule 25-10.111, F.A.C., Customer Billing.
AGENDA:	10/12/10 – Regular Agenda – Interested Persons May Participate
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Brisé
CRITICAL DATES:			None
SPECIAL INSTRUCTIONS:			None
FILE NAME AND LOCATION:			S:\PSC\GCL\WP\100380.RCM.DOC

 

Case Background

            As directed by Section 120.74, Florida Statutes (“F.S.”), Florida Public Service Commission staff (“staff”) regularly review the Commission’s rules for obsolete, redundant, or unnecessary rules.  Despite the fact that Chapter 25-10 Florida Administrative Code (“F.A.C.”), Water and Wastewater Systems, was repealed in 1988 and the contents moved to Chapter 25-30 F.A.C., Service by Water and Wastewater Utilities, staff has identified two rules contained in Chapter 25-10 which appear to have been overlooked and were not repealed or transferred.  Those rules are: Rule 25-10.026, Location and Preservation of Records, and Rule 25-10.111, Customer Billing.  Staff has determined Chapter 25-30 contains newer, more detailed rules which supersede those in Chapter 25-10. 

 

A Notice of Development of Rulemaking was published in the October 30, 2009, Florida Administrative Weekly and an Agency Notice of Proposed Rule Development was issued October 22, 2009.  No rule development workshop was requested, and thus, a workshop was not held. 

This recommendation addresses whether the Commission should proposed the repeal of Rules 25-10.026 and 25-10.111, F.A.C.  The Commission has jurisdiction pursuant to Section 120.54, F.S. 

Discussion of Issues

Issue 1: 

 Should the Commission propose the repeal of Rules 25-10.026, F.A.C. and 25-10.111, F.A.C.?

Recommendation: 

 Yes.  The Commission should propose the repeal of Rules 25-10.026 and 25-10.111 as set forth in Attachment A.  (Holley, Willis, Hewitt)

Staff Analysis: 

  Staff recommends that the Commission propose the repeal of Rules 25-10.026 and 25-10.111, as set forth in Attachment A. 

Rule 25-10.026, Location and Preservation of Records

            Rule 25-10.026, F.A.C., requires water and wastewater utilities to maintain records in accordance with the NARUC system of accounts and to maintain those records in an office within the State of Florida.  All provisions of this rule have been included within the newer Rules 25-30.115 F.A.C., Uniform System of Accounts for Water and Wastewater Utilities and 25-30.110, F.A.C., Records and Reports; Annual Reports.  Repeal of Rule 25-10.026 will prevent confusion or conflict with the more detailed rules in Chapter 25-30, and will eliminate redundant provisions which are no longer in use.

 

Rule 25-10.111, Customer Billing

 

            Rule 25-10.111, F.A.C., requires water and wastewater utilities to bill customers at regular intervals; contains various provisions for pro-rating less than full bill amounts; and requires a minimum of 20 days before a bill is considered delinquent.  All of the provisions of this rule have been subsumed by Rule 25-30.335, F.A.C., Customer Billing.  Repeal of Rule 25-10.111 will prevent confusion or conflict with more detailed rules in Chapter 25-30, and will eliminate redundant provisions which are no longer in use.

 

 

Statement of Estimated Regulatory Cost (SERC)

            The SERC (Attachment B) notes that the proposed repeals are intended to eliminate redundant provisions.  The SERC also notes that the rule repeals would benefit the Commission and customers by decreasing the number of rules, reducing costs of compliance, and reducing confusion to businesses and consumers.

            Based upon the above, staff recommends that the Commission propose the repeal of Rules 25-10.026, F.A.C. and 25-10.111, F.A.C., as set forth in Attachment A. 

 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes, if no requests for hearing or comments are filed, the rule repeals as proposed should be filed for adoption with the Secretary of State and the docket should be closed.  (Holley)

Staff Analysis: 

 Unless comments or requests for hearing are filed, the rules as proposed may be filed with the Secretary of State without further Commission action.  The docket may then be closed.