FLORIDA PUBLIC SERVICE COMMISSION

REVISED

COMMISSION CONFERENCE AGENDA

CONFERENCE DATE AND TIME:  Tuesday, May 22, 2012, 9:30 a.m.

LOCATION:  Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148

DATE ISSUED:  May 16, 2012

 

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.

Agendas, staff recommendations, vote sheets, transcripts, and conference minutes are available from the PSC Web site, http://www.floridapsc.com, by selecting Agenda & Hearings and Agenda Conferences of the FPSC.  By selecting the docket number, you can advance to the Docket Details page and the Document Index Listing for the particular docket.  If you have any questions, contact the Office of Commission Clerk at (850) 413-6770 or e-mail the clerk at Clerk@psc.state.fl.us.

In accordance with the American with Disabilities Act, persons needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no later than five days prior to the conference at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD), Florida Relay Service.  Assistive Listening Devices are available at the Office of Commission Clerk, Betty Easley Conference Center, Room 110.

The Commission Conference has a live video broadcast the day of the conference, which is available from the PSC’s Web site.  Upon completion of the conference, the video will be available from the Web site by selecting Agenda and Hearings and Audio and Video Event Coverage.

1**................. Consent Agenda. 2

2**................. Docket No. 120125-PU – Proposed amendments to Rules 25-6.097, 25-7.083, and 25-30.311, F.A.C., on customer deposits. 3

3**................. Docket No. 110056-TP – Complaint against Verizon Florida, LLC and MCI Communications Services, Inc. d/b/a Verizon Business Services for failure to pay intrastate access charges for the origination and termination of intrastate interexchange telecommunications service, by Bright House Networks Information Services (Florida), LLC. 4

4..................... Docket No. 110305-EI – Initiation of formal proceedings of Complaint No. 1006767E of Edward McDonald against Tampa Electric Company, for alleged improper billing. 5

5**................. Docket No. 120079-EQ – Petition for approval of facility charges to interconnection customer-owned renewable generation of Tropicana Manufacturing Company, by Florida Power & Light Company. 6

6**PAA......... Docket No. 120038-EI – Petition to modify vegetation management plan by Tampa Electric Company. 7

7**PAA......... Docket No. 120059-EI – Petition for depreciation class and rate for automobiles, by Gulf Power Company. 8

8**................. Docket No. 120073-EI – Petition for approval of revised tariffs for underground residential distribution and contribution-in-aid-of-construction, by Tampa Electric Company. 9

9**................. Docket No. 120075-EI – Request by Gulf Power Company to modify its underground residential differential tariffs. 10

10**............... Docket No. 120037-WS – Application for increase in water and wastewater rates in Lake County by Utilities, Inc. of Pennbrooke. 11

 

   1**                           Consent Agenda

PAA                            A)  Cancellation of certificates to provide telecommunications service.

DOCKET NO.

COMPANY NAME

EFFECTIVE DATE

120062‑TX

 

120063-TP

LecStar Telecom, Inc.

Fonix Telecom, Inc.

Brydels Communications, LLC

12/31/2011

12/31/2011

12/31/2011

 

 

Recommendation:  The Commission should approve the action requested in the dockets referenced above and close these dockets.

 

   2**                           Docket No. 120125-PU – Proposed amendments to Rules 25-6.097, 25-7.083, and 25-30.311, F.A.C., on customer deposits.

Rule Status:

Proposal May Be Deferred

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Edgar

Staff:

GCL: Miller

ECR: Cicchetti, McNulty

 

Issue 1: 

 Should the Commission propose the amendment of Rules 25-6.097, Customer Deposits, 25-7.083, Customer Deposits, and 25-30311, Customer Deposits?

Recommendation: 

 Yes, the Commission should propose the amendment of these rules as set forth in Attachment A of staff’s memorandum dated May 10, 2012. 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes.  If no requests for hearing or comments are filed, the rules should be filed with the Department of State, and the docket should be closed.

 

 

   3**                           Docket No. 110056-TP – Complaint against Verizon Florida, LLC and MCI Communications Services, Inc. d/b/a Verizon Business Services for failure to pay intrastate access charges for the origination and termination of intrastate interexchange telecommunications service, by Bright House Networks Information Services (Florida), LLC.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Balbis

Staff:

GCL: Harris

RAD: Bloom, Hawkins

 

Issue 1: 

 Should the Commission acknowledge Bright House’s May 1, 2012, Notice of Voluntary Dismissal?

Recommendation: 

 Yes, the Commission should acknowledge Bright House’s May 1, 2012, Notice of Voluntary Dismissal with prejudice.  

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes.  If Issue 1 is approved, there is nothing further for the Commission to consider in this docket.  Therefore, staff recommends that Docket No. 110056-TP be closed. 

 

 

   4                               Docket No. 110305-EI – Initiation of formal proceedings of Complaint No. 1006767E of Edward McDonald against Tampa Electric Company, for alleged improper billing.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Balbis

Staff:

GCL: Robinson

ECR: Draper

SRC: Forsman, Hicks

 

(Oral Argument Not Requested; Participation is at the Commission's Discretion.)

Issue 1: 

 Should the Commission grant TECO’s Motion to Dismiss?

Recommendation: 

  Yes.  The Commission should grant TECO’s Motion to Dismiss, and the petition should be dismissed without prejudice for failure to state a cause of action.

Issue 2: 

 Should the docket be closed?

Recommendation: 

 No.  If the Commission agrees with staff regarding Issue 1, then Mr. McDonald’s petition requesting the initiation of formal proceedings for Proposed Agency Action Order No. PSC-12-0053-PAA-EI should be dismissed, and Mr. McDonald should file an amended petition by 5:00 PM on June 12, 2012.  If Mr. McDonald fails to timely file an amended petition, then the docket should be closed, and a Consummating Order should be issued reviving Order No. PSC-12-0053-PAA-EI, making it final and effective.

 

 

   5**                           Docket No. 120079-EQ – Petition for approval of facility charges to interconnection customer-owned renewable generation of Tropicana Manufacturing Company, by Florida Power & Light Company.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

RAD: Clemence, Ellis

GCL: Harris

 

Issue 1: 

 Should FPL be granted approval to recover from the Tropicana Manufacturing Company the proposed facility charges to interconnect customer-owned renewable generation?

Recommendation: 

 Yes.  Staff recommends that the Commission approve the recovery of costs proposed in the petition by FPL for the interconnection charges to interconnect the renewable generation facilities from the Tropicana Manufacturing Company. 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes.  If no person whose substantial interests are affected files a protest to the Commission’s Proposed Agency Action Order within 21 days, the docket may be closed upon issuance of a Consummating Order. 

 

 

   6**PAA                    Docket No. 120038-EI – Petition to modify vegetation management plan by Tampa Electric Company.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Brown

Staff:

ECR: L'Amoreaux, Dowds

GCL: Lawson

 

Issue 1: 

 Should the Commission approve Tampa Electric Company's petition to modify its vegetation management plan?

Recommendation: 

 Yes.  The Commission should approve TECO’s proposed revision to its vegetation management plan. 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes.  If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the Order, this docket should be closed upon the issuance of a Consummating Order. 

 

 

   7**PAA                    Docket No. 120059-EI – Petition for depreciation class and rate for automobiles, by Gulf Power Company.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

ECR: Ollila

GCL: Klancke

 

Issue 1: 

 Should a new depreciation classification and rate for automobiles be approved for Gulf?

Recommendation: 

 Yes.  A new depreciation classification, Account 392-4110 - Automobiles, and a whole life depreciation rate of 12.1 percent should be approved for automobiles. 

Issue 2: 

 What should be the implementation date for the depreciation classification and rate?

Recommendation: 

 The depreciation classification and rate should be implemented effective with the in-service date of the vehicles. 

Issue 3: 

 Should this docket be closed?

Recommendation: 

 If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket should be closed upon the issuance of a consummating order. 

 

 

   8**                           Docket No. 120073-EI – Petition for approval of revised tariffs for underground residential distribution and contribution-in-aid-of-construction, by Tampa Electric Company.

Critical Date(s):

06/01/12 (60-Day Suspension Date)

11/30/12 (8-Month Effective Date)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

ECR: Draper, Kummer

GCL: Barrera

 

Issue 1: 

 Should the proposed tariffs be suspended?

Recommendation: 

 Yes.  

Issue 2: 

 Should this docket be closed?

Recommendation: 

 No.  This docket should remain open pending the Commission’s final decision on the proposed tariff revision. 

 

 

   9**                           Docket No. 120075-EI – Request by Gulf Power Company to modify its underground residential differential tariffs.

Critical Date(s):

06/01/12 (60 Day Suspension Date)

11/30/12 (8-Month Effective Date)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

ECR: Draper, Kummer

GCL: Jaeger

 

Issue 1: 

 Should the proposed tariffs be suspended?

Recommendation: 

 Yes. 

Issue 2: 

 Should this docket be closed?

Recommendation: 

  No.  This docket should remain open pending the Commission’s final decision on the proposed tariff revision. 

 

 

10**                           Docket No. 120037-WS – Application for increase in water and wastewater rates in Lake County by Utilities, Inc. of Pennbrooke.

Critical Date(s):

05/29/12 (60-Day Suspension Date)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Brown

Staff:

ECR: M. Brown, Fletcher, Maurey

GCL: Jaeger

 

 

Issue 1: 

 Should the Utility’s proposed final water and wastewater rates be suspended?

Recommendation: 

 Yes.  Pennbrooke’s proposed final water and wastewater rates should be suspended. 

Issue 2: 

 Should any interim revenue increases be approved?

Recommendation: 

 No. Pennbrooke should be allowed to continue collecting water revenues designed to produce test year revenue of $491,577.  However, because it appears that Pennbrooke is earning above its maximum rate of return, $75,385 (or 15.34 percent) of this water revenue should be collected subject to refund with interest.  As discussed in analysis portion of staff’s memorandum dated May 16, 2012, the wastewater system is earning within its last authorized ROE range, and thus no interim increase or decrease is warranted. 

Issue 3: 

 What are the appropriate interim water and wastewater rates?

Recommendation: 

 

In accordance with Section 367.082(2)(b), F.S., the Utility’s existing rates are appropriate for interim purposes.

Issue 4: 

 What is the appropriate security to guarantee the interim decrease?

Recommendation: 

 A cumulative corporate undertaking of $357,423 is acceptable contingent upon receipt of the written guarantee of the parent company, Utilities, Inc. (UI or Company) and written confirmation that the cumulative outstanding guarantees on behalf of UI-owned utilities in other states will not exceed $1.2 million (inclusive of all Florida utilities).  UI should be required to file a corporate undertaking on behalf of its subsidiaries to guarantee any potential refunds of revenues collected under interim conditions.  UI’s total guarantee should be a cumulative amount of $357,423, which includes an amount of $43,990 subject to refund in this docket.  Pursuant to Rule 25-30.360(6), F.A.C., the Utility should provide a report by the 20th of each month indicating the monthly and total revenue collected subject to refund.  Should a refund be required, the refund should be with interest and in accordance with Rule 25-30.360, F.A.C. 

Issue 5: 

 Should the docket be closed?

Recommendation: 

 No.  The docket should remain open pending the Commission’s PAA decision on the Utility’s requested rate increase.