Changes in appearance and in display of formulas, tables, and text may have occurred during translation of this document into an electronic medium. This HTML document may not be an accurate version of the official document and should not be relied on.
For an official paper copy, contact the Florida Public Service Commission at contact@psc.state.fl.us or call (850) 413-6770. There may be a charge for the copy.
|
|
|
|
DATE:
|
October 4, 2012
|
|
TO:
|
Office of Commission Clerk (Cole)
|
|
FROM:
|
Office of the General Counsel (Cowdery)
Division of Economics (McNulty)
Division of Engineering (Black, Moses, Trotter)
|
|
RE:
|
Docket No. 110313-PU – Initiation of rulemaking to adopt Rule 25-6.0346, and to amend Rules 25-6.019, 25-6.0345,
25-6.060, 25-7.059, 25-7.060, 25-7.061, 25-7.062, 25-7.064, 25-7.065,
25-7.066, 25-7.070, 25-7.071, 25-7.084, 25-12.005, 25-12.008, 25-12.027,
25-12.052, and 25-12.082, F.A.C.
|
|
AGENDA:
|
10/16/12 – Regular Agenda – Rule Proposal – Interested Persons May
Participate
|
|
COMMISSIONERS ASSIGNED:
|
All Commissioners
|
|
PREHEARING OFFICER:
|
Edgar
|
|
RULE STATUS:
|
Issue 1 concerning Rules
25-7.059 and 25-7.071, F.A.C., may not be deferred because of 90-day time
limit of Section 120.54(3)(e)2., F.S., which runs Oct. 25, 2012.
|
|
SPECIAL INSTRUCTIONS:
|
None
|
|
FILE NAME AND LOCATION:
|
S:\PSC\GCL\WP\110313.RCM.DOC
|
|
|
|
|
Case Background
This
recommendation is on Rules 25-6.019, 25-6.0345, 25-6.0346, 25-6.060, 25-7.059,
and 25-7.071, Florida Administrative Code (F.A.C). The rules from chapter 25-6
address notification of electric utility events involving injury and damages,
electric utility safety standards for construction of new transmission and
distribution facilities, electric utility quarterly reports of work orders and
safety compliance, and electric utility meter test disputes. The rules from
chapter 25-7 address use of gas utility meters and measuring gas utility
customer service.
In the staff
recommendation for the July 17, 2012 agenda conference, staff advised the
Commission that it would bring a recommendation to agenda at a later date
concerning Rules 25-6.019, 25-6.0345, 25-6.0346, 25-6.060, F.A.C., because
these rules were still in the drafting stage. These rules are addressed in
Issue 2.
Two staff rule
development workshops were held in this docket, and post-workshop comments
concerning Rules 25-6.019, 25-6.0345, 25-6.0346, 25-6.060, F.A.C., were filed
by Tampa Electric Company (TECO), Florida Power & Light Company (FPL), and
Florida Electric Cooperatives Association, Inc. (FECA). TECO stated in its
July 18, 2012, post-workshop comments that Progress Energy Florida (Progress),
Gulf Power Company (Gulf), and FPL agreed with TECO’s comments in the markup of
draft rules attached to those comments. No workshop comments were received on
the gas utility Rules 25-7.059 and 25-7.071, F.A.C.
This
recommendation addresses whether the Commission should propose the adoption of
Rule 25-6.0346, F.A.C., the amendment of Rules 25-6.019, 25-6.0345, and
25-6.060, F.A.C., and changes to proposed Rules 25-7.059 and 25-07.071, F.A.C.,
based on JAPC staff’s comments, The Commission has jurisdiction pursuant to
Section 120.54, F.S., and Chapters 366 and 368, F.S.
Discussion
of Issues
Issue 1:
Should the Commission adopt changes to proposed
Rules 25-7.059 and 25-7.071, F.A.C., to address JAPC staff’s comments?
Recommendation:
Yes, the Commission should adopt proposed Rules
25-7.059 and 25-7.071 with changes as set forth in Attachment A. (Cowdery,
Moses, Black)
Staff Analysis:
As stated in the case background, the Commission
proposed amendments to Rules 25-7.059 (p. 10) and 25-7.071 (p. 10), F.A.C., in
Order No. PSC-12-0376-NOR-PU, issued July 20, 2015. By letter of August 14,
2012, JAPC staff submitted comments on these two proposed rules. Based upon
these comments, staff recommends changes to Rules 25-7.059 and 25-7.071, F.A.C.
Rule 25-7.059, F.A.C., Use of Meters, last amended in
1984, requires each utility to own, operate, and maintain all equipment
necessary for the regulation and measurement of gas to its customers. The
Commission proposed that the rule be amended for clarity to replace the term
“regulation” with the phrase “pressure control.” JAPC staff provided no
comments on this portion of the rule amendment proposal.
In its comments, JAPC staff notes that Subsections (1),
(2), and (3) of Rule 25-7.059, F.A.C., provide that unless otherwise authorized
by the Commission, the regulated entity shall take certain actions as set forth
in the rule. JAPC staff points out that no criteria are set forth governing
the circumstances under which the Commission would provide such authorization
or what such authorization would entail. JAPC staff states that because of
this, the rule is vague, fails to establish adequate standards for the
Commission’s decisions and vests unbridled discretion in the Commission. The
“otherwise authorized by the Commission” provisions of Rule 25-7.059 were not
addressed by staff or any interested person in this rulemaking docket.
Staff recommends that the “otherwise authorized by the
Commission” provisions should be deleted from Rule 25-7.059, F.A.C. In
addition to the points raised by JAPC, staff notes that this language is
outdated, and that Section 120.542, F.S., provides the procedure to be followed
if a person who is subject to regulation by an agency rule wishes to obtain a
variance or waiver from the provisions of a rule. In addition, staff is
unaware of any case where the “otherwise authorized by the Commission”
provisions of Rule 25-7.059 were implemented. For these reasons, staff
recommends that the Commission adopt proposed Rule 25-7.059, with changes, as
set forth in Attachment A.
Proposed Rule 25-7.071, F.A.C., Measuring Customer
Service, was amended to delete the extraneous and unnecessary word “loan” from
subsection (1). JAPC staff provided no comments on this portion of the rule
amendment proposal. In its comments, JAPC staff noted that subsection (3)(a)
construes the term “cost” to not include late payment charges, returned check
charges, the cost of the distribution system behind the master meter, the cost
for billing and “other such costs,” and inquired as to the meaning of the
phrase “other such costs.” Staff recommends that the phrase “other such costs”
should be deleted from the subsection (3)(a) of the rule as unnecessary. The
definition of “cost “ is clear, and the phrase “other such costs” does not
assist interpretation of the rule. For these reasons, staff recommends that
the Commission adopt proposed Rule 25-7.071, with changes, as set forth in
Attachment A.
Issue 2:
Should the Commission propose the adoption of Rule
25-6.0346, F.A.C., and the amendment of Rules 25-6.019, 25-6.0345, and
25-6.060, F.A.C.?
Recommendation:
Yes, the Commission should propose the adoption of
Rule 25-6.0346, F.A.C., and the amendment of Rules 25-6.019, 25-6.0345, and
25-6.060, F.A.C., as set forth in Attachment A. (Cowdery, Moses, Black)
Staff Analysis: Rule 25-6.019,
F.A.C., Notification of Accidents (p. 13), addresses notification requirements
for electric utility accidents occurring in connection with the electric system
involving, among other things, death, injury requiring hospitalization, or
damage to property of others in excess of $5000. As previously stated, two
workshops were held concerning the rules addressed in this Issue, and comments
were filed by several participants.
FECA requested
in its comments that the Commission include the required accident notification
forms, or include a link to the forms, in the rule in order to provide easy
access to the forms for the utilities. Staff agrees with this comment, and is
incorporating the forms by reference into the rule. Staff recommends that Rule
25-6.019, F.A.C., be amended to specifically require utilities to submit their
reports in writing using forms PSC/ENG 158 (p. 20) and PSC/ENG 159 (p. 21),
incorporated by reference into the rule. These forms are currently used by
most of the electric utilities, but have not been required by rule. Amending
the rule to require use of these forms will ensure consistency and allow for
accurate recordkeeping of such events by the Commission.
Under current
Rule 25-6.019, F.A.C., electric utilities are required to notify the Commission
as soon as practicable of certain accidents. TECO’s comments suggested that
the word “accident” in the rule be replaced by the word “event” so that a
utility would not be called upon to differentiate between events that are
accidents and non-accidents. Staff agrees with this suggestion and recommends
that Rule 25-6.019, F.A.C., be amended to refer to events rather than accidents
in order to avoid any confusion in determining when to file a report.
In addition,
TECO suggested that subsection (1) of Rule 25-6.019, F.A.C., be amended to
clarify that the reporting requirement applies only after the utility actually
learns of the event that is the subject of the reporting requirement, which, it
stated, can often be some time after the event actually occurs. Staff agrees
and recommends that the rule should be amended to require electric utilities to
file a report form within two business days of learning of an event involving
death or injury of a non-utility person and which is significant from a safety
standpoint.
Under current
subsection (2), electric utilities are required to report to the Commission
within 30 days of an event resulting in property damages exceeding $5,000 or an
event resulting in significant damage to utility facilities. Consistent with
the recommended amendment to subsection (1), staff recommends that this
subsection be amended to require electric utilities to file a report form
within 30 days of learning of the relevant event. In addition, staff
recommends that this subsection be amended to update the damage to property
reporting requirement from $5,000 to $10,000, to adjust for inflation and to
match the same levels as the gas reporting Rule 25-12.084, F.A.C.
TECO’s post-workshop comments suggested changes to
subparagraph (3) of Rule 25-6.019, F.A.C., to include certain weather related
exceptions to the event reporting requirements. TECO states that the language
suggested is similar to that found in Rule 25-6.045, F.A.C., Annual
Distribution Service Reliability Report, that allows the omission of outage
date where the outages are caused by named storms, tornados and other
significant weather events. Staff agrees with these comments, and recommends
that subparagraph (3) of Rule 25-6.019, F.A.C., be amended to include these
additional weather related exceptions to the event reporting requirements.
Rule
25-6.0345, F.A.C., Safety Standards for Construction of New Transmission and
Distribution Facilities, (p. 14) sets forth the relevant safety standards
applicable to facilities subject to the Commission’s safety jurisdiction. TECO
suggested that the standards be updated to the 2012 National Electrical Safety
Code (NESC). Staff agrees and recommends that these standards be updated from
the 2007 NESC to the 2012 NESC.
In its
post-workshop comments, TECO noted that current Rule 25-6.0345, F.A.C., Safety
Standards for Construction of New Transmission and Distribution Facilities,
actually addresses three subjects: The adoption of NESC safety standards; the
requirement for quarterly reports of work orders and safety compliance; and
provisions concerning accident reports. TECO suggested, in part, that the
provisions of existing Rule 25-6.0345(2) and (4), F.A.C., regarding quarterly
reports of transmission and distribution work orders and safety compliance, be
re-designated with a new rule number and title, addressing only quarterly
reports of transmission and distribution work orders and safety compliance.
TECO stated that it endorsed such a change in order to make this subject matter
easier to locate. TECO’s comments also suggest that quarterly reports be filed
electronically, and that the rule not attempt to prescribe the particular
computer format to be used for reporting, as is currently provided for in Rule
25-6.0345(3), F.A.C.
Staff recommends
deleting all requirements associated with reports of completed electric work
orders and safety standard certification, because these provisions have been
moved to new draft Rule 25-6.0346, F.A.C., as discussed below. Further, staff
recommends deleting all safety reporting requirements from this rule as
duplicative of provisions in draft Rule 25-6.019, F.A.C., and therefore
unnecessary.
Staff agrees
that it would be appropriate to create a new rule to address the transmission and
distribution work orders quarterly reports and safety compliance in order to
make this subject matter easier to locate. Adoption of Rule 25-6.0346, F.A.C.,
(p. 17) for this purpose is consistent with the requirements of Section
120.54(1)(g), F.S., which requires that each rule contain only one subject.
Staff also agrees that the obsolete data formatting language of Rule
25-6.0345(3), F.A.C., should not be incorporated into new Rule 25-6.0346,
F.A.C., but should be replaced with the requirement that quarterly reports
shall be filed electronically. This change would recognize evolving
advancements in the field of electronic reporting, rather than requiring a
particular technical format that could become outdated. The required format in
current Rule 25-6.0345(3), F.A.C., is obsolete, referring to data formats that
are no longer in common use. For these reasons, staff recommends that Rule
25-6.0346, F.A.C., should be adopted.
Rule 25-6.060,
F.A.C., Meter Test–Referee, (p. 18) requires meter tests to be supervised, but
not witnessed, by a Commission representative. Staff recommends that the rule
be amended to clarify that meter tests be supervised and witnessed by a
Commission representative. The current rule requires a customer to make
written application for a meter test. Staff also recommends that Rule 25-6.060
be amended to require that meter tests should be conducted upon customer
request. These changes are consistent with the gas meter test dispute rule,
Rule 25-7.066, F.A.C., recently amended as part of this docket.
Statement of
Estimated Regulatory Cost
on Rules
25-6.0346, 25-6.019, 25-6.0345, and 25-6.060, F.A.C.
Staff prepared a Statement of Estimated Regulatory Cost
(SERC) pursuant to section 120.541, F.S., which is attached as Attachment B.
Based on the SERC, the rule amendments will not require legislative
ratification pursuant to subsection 120.541(3), F.S.
The SERC
includes an economic analysis pursuant to subparagraph 120.541(2)(a)1, F.S.,
showing whether the draft rules directly or indirectly are likely to have an
adverse impact on economic growth, private sector job creation or employment,
or private sector investment in excess of $1 million in the aggregate within
five years after the implementation of the rules. In addition, the SERC
includes an economic analysis pursuant to subparagraph 120.541(2)(a)2, F.S.,
showing whether the draft rules directly or indirectly are likely to have an
adverse impact on business competitiveness in excess of $1 million in the
aggregate within five years after the implementation of the rule. The SERC
concludes that none of the draft rule amendments would have any of the adverse
impacts on the economic measures identified in subparagraphs 120.54(2)(a)1 and
2, F.S.
The SERC
includes an economic analysis pursuant to subparagraph 120.541(2)(d), F.S.,
which requires a good faith estimate of the transactional costs likely to be
incurred by individuals and entities, including local government entities,
required to comply with the requirements of the rule. The SERC concludes that
no such transaction costs are likely to be incurred. Further, pursuant to the
analysis required by section 120.541(2)(c), F.S., the SERC concludes that the
draft rule amendments and draft rule are not expected to have any effect on state
or local revenues and are not expected to result in increased implementation
and enforcement costs.
The SERC includes an economic analysis pursuant to
subparagraph 120.541(2)(a)3, F.S., showing whether the draft rule directly or
indirectly is likely to increase regulatory cost, including any transaction
costs, in excess of $1 million in the aggregate within five years after
implementation of the rules. The SERC concludes that none of the draft rule
amendments are expected to increase such costs. In addition, the SERC
determined, as required by subparagraph 120.541(2)(b), F.S., that 57 electric
utilities would be required to comply with the draft amendments to Rules
25-6.019 and 25-6.0345, F.A.C., and draft Rule 25-6.0346, F.A.C., and that five
investor-owned electric utilities would be required to comply with the draft
amendment to Rule 25-6.060, F.A.C. Utility customers are not expected to be
affected by the draft rule amendments. Finally, the SERC determined, as
required by section 120.541(2)(e), F.S., that the draft rule amendments and
draft rule are not expected to result in any incremental costs or rates to
small businesses, small counties, and small cities.
Based upon the above,
staff recommends that the Commission propose the adoption of Rule 25-6.0346,
F.A.C., and the amendment of Rules 25-6.019, 25-6.0345, and 25-6.060, F.A.C.,
as set forth in Attachment A.
Issue 3:
Should this docket be closed?
Recommendation:
Yes. A Notice of Change
should be published in the Florida Administrative Register for proposed Rules
25-7.059 and 25-7.071. After the Notice of Change is published, proposed Rules
25-7.059 and 25-7.071 may be filed for adoption with the Secretary of State.
If no requests for hearing or comments are filed concerning Rules 25-6.019,
25-6.0345, 25-6.0356, or 25-6.060, F.A.C., those proposed amendments should be
filed for adoption with the Secretary of State. After all rules have been
filed for adoption, the docket should be closed. (Cowdery)
Staff Analysis:
If the Commission approves the change to Rules
25-7.059 and 25-7.071 as set forth in Issue 1, a Notice of Change must be
published in the Florida Administrative Weekly. If the Commission approves the
amendments for Rules 25-6.019, 25-6.0345, 25-6.0356, or 25-6.060, F.A.C., as
set forth in Issue 2, and no requests for hearing or comments are filed
concerning the those proposed amendments, those rules should be filed for
adoption with the Secretary of State. After all rules have been filed for
adoption, the docket should be closed.
25-7.059 Use of Meters.
(1) All gas sold by a utility and all gas consumed by
the utility shall be metered except in case of emergency, or when otherwise
authorized by the Commission.
(2) Unless otherwise authorized by the Commission,
Eeach utility shall provide and install at its own expense and
shall continue to own, operate, and maintain all equipment necessary for the pressure
control regulation and measurement of gas to its customers.
(3) Prepayment meters shall not be used, except
where otherwise authorized by the Commission.
(4) When there is more than one meter at a common
location, the metering equipment shall be tagged or permanently marked to
indicate the facility being metered.
Rulemaking Specific Authority 350.127(2),
366.05(1) FS. Law Implemented 366.05(1) FS. History–Amended 10-20-73,
Repromulgated 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.59,
Amended .
25-7.071 Measuring Customer Service.
(1) All gas sold to customers shall be measured by
commercially acceptable measuring devices owned and maintained by the utility,
except where it is impractical to meter loans, such as street lighting,
temporary or special installations, in which case the consumption may be
calculated, or billed on a rate or as provided in the utility’s filed tariff.
(2)(a) Individual gas metering by the utility shall
be required for each separate occupancy unit of new commercial establishments,
residential buildings, condominiums, cooperatives, marinas, and trailer, mobile
home and recreational vehicle parks for which construction is commenced after
January 1, 1987. This requirement shall apply whether or not the facility is
engaged in a time-sharing plan. Individual meters shall not, however, be
required:
1. In those portions of a commercial establishment
where the floor space dimensions or physical configuration of the units are
subject to alteration, as evidenced by non-structural element partition walls,
unless the utility determines that adequate provisions can be made to modify
the metering to accurately reflect such alterations;
2. For gas used in central heating, central water
heating ventilating and air conditioning systems, or gas back up service to
storage heating and cooling systems;
3. For gas used in specialized-use housing
accommodations such as hospitals, nursing homes, living facilities located on
the same premises as, and operated in conjunction with, a nursing home or other
health care facility providing at least the same level and types of services as
a nursing home, convalescent homes, facilities certificated under Chapter 651,
F.S., college dormitories, convents, sorority houses, fraternity houses,
motels, hotels, and similar facilities. For separate, specially-designated
areas for overnight occupancy at trailer, mobile home and recreational vehicle
parks where permanent residency is not established and for marinas where living
aboard is prohibited by ordinance, deed restriction, or other permanent means;
4. In such multiple occupancy units which would
require the provision of individual gas service above the second story, unless
specifically requested.
(b) For purposes of this rule:
1. “Occupancy unit” means that portion of any
commercial establishment, single and multi-unit residential building, or
trailer, mobile home or recreational vehicle park, or marina which is set apart
from the rest of such facility by clearly determinable boundaries as described
in the rental, lease, or ownership agreement for such unit.
2. “Time-sharing plan” means any arrangement, plan,
scheme, or similar device, whether by membership, agreement, tenancy in common,
sale, lease, deed, rental agreement, license, or right-to-use agreement or by
any other means, whereby a purchaser, in exchange for a consideration, receives
a right to use accommodations or facilities, or both, for a specific period of
time less than a full year during any given year, but not necessarily for
consecutive years, and which extends for a period of more than three years.
3. The construction of a new commercial
establishment, residential building, marina, or trailer, mobile home or
recreational vehicle park shall be deemed to commence on the date when the
building structure permit is issued.
4. The individual metering requirement is waived for
any time-sharing facility for which construction was commenced before January
1, 1987 in which separate occupancy units were not metered in accordance with
paragraph (2)(a).
(3)(a) Where individual metering is not required under
subparagraph (2)(a)3. and master metering is used in lieu thereof, sub-metering
may be used by the customer of record/owner of such facility solely for the
purpose of allocating the cost of the gas billed by the utility. The term
“cost”, as used herein represents only those charges specifically authorized by
the gas utility’s tariff including but not limited to the customer, energy,
purchased gas adjustment, and conservation charges made by the gas utility plus
applicable taxes and fees to the customer of record responsible for the master
meter payments. The term cannot be construed to include late payment charges,
returned check charges, the cost of the distribution system behind the master
meter, or the cost for billing, and other such costs.
(b) Each utility shall develop a standard policy
governing the provisions of sub-metering as described herein. Such policy shall
be filed by each utility as part of its tariffs. This policy shall have uniform
application and shall be nondiscriminatory.
Rulemaking Specific Authority 350.127(2),
366.05 FS. Law Implemented 366.03, 366.05(1) FS. History–New 10-23-86,
Amended .
25-6.019 Notification of Events Accidents.
(1) Form PSC/ENG 159 (XX/XX), entitled “Electric
Utility Event Report – Injury,” is incorporated in this rule by reference and
may be obtained from the Commission’s Division of Administrative Services and
is also available at [Dept of State hyperlink]. As soon as practicable, but
no later than two business day after it learns of the occurrence, each
investor-owned electric utility, rural electric cooperative, and municipal
electric utility shall notify the Commission’s Bureau of Safety, in
writing, using Form PSC/ENG 159 (XX/XX), Commission of any event
involving accident occurring in connection with any part of the
electrical system which:
(a) Involves death or injury requiring
hospitalization of non-utility persons, or
(b) Is significant from a safety standpoint in the
judgment of the utility even though it is not required by paragraph (a).
(2) Form PSC/ENG 158 (XX/XX) entitled “Electric
Utility Event Report – Damages,” is incorporated into this rule by reference
and may be obtained from the Commission’s Division of Administrative Services
and is also available at [Dept of State hyperlink]. Each investor-owned
electric utility, rural electric cooperative, and municipal electric
utility shall report, in writing, to the Commission’s Bureau
of Safety, using Form PSC/ENG 158 (XX/XX), Commission within 30 days
of learning of any event malfunction of or accident
involving any part of the electrical system, fire, or explosion, that:
(a) Involves damage to the property of others for an
amount in excess of $10,000 $5000, or,
(b) Causes Cause significant damage, in
the judgment of the utility, to the utility’s facilities.
(3) Unless requested by the Bureau of Safety,
rReports are not required with respect to personal injury,
death, or property damage resulting from vehicular equipment striking poles
and/or other utility property or events directly caused by:
(a) A storm named by the National Hurricane Center;
(b) A tornado recorded by the National Weather
Service;
(c) Ice on line;
(d) An extreme weather or fire event causing
activation of the county emergency operation center.
Rulemaking Specific Authority 350.127(2),
366.05(1) FS. Law Implemented 366.04(2)(f) and (6), 366.05(1) FS.
History–New 7-29-69, Amended 4-13-80, Formerly 25-6.19, Amended
______________.
25-6.0345 Safety Standards for Construction of New
Transmission and Distribution Facilities.
(1) The Commission adopts and incorporates by
reference the 2012 2002 edition of the National Electrical Safety
Code (ANSI C-2) [NESC], as the applicable safety standards for transmission and
distribution facilities subject to the Commission’s safety jurisdiction. For
electrical facilities constructed on or after February 1, 2007, the 2007 NESC shall apply. Electrical facilities constructed prior to February 1, 2007, shall be governed
by the edition of the NESC specified by subsections 013.B.1, 013.B.2, and
013.B.3 of the 2007 NESC. Each investor-owned electric utility, rural
electric cooperative, and municipal electric system shall, at a minimum, comply
with the standards in these provisions. A copy of the 2007 NESC, ISBN number 0-7381-4893-8, may be obtained from the Institute of Electric and Electronic Engineers, Inc. (IEEE), 3 Park Avenue, New York, NY, 10016-5997.
(2) Each investor-owned electric utility, rural electric
cooperative and municipal electric utility shall report all completed electric
work orders, whether completed by the utility or one of its contractors, at the
end of each quarter of the year. The report shall be filed with the Director of
the Commission's Division of Regulatory Compliance and Consumer Assistance no
later than the 30th working day after the last day of the reporting quarter,
and shall contain, at a minimum, the following information for each work order:
(a) Work order number/project/job;
(b) Brief title outlining the general nature of
the work;
(c) Estimated cost in dollars, rounded to nearest
thousand and;
(d) Location of project.
(3) The quarterly report shall be filed in
standard DBase or compatible format, DOS ASCII text, or hard copy, as follows:
(a) DBase Format
Field Name Field Type Digits
1. Work orders Character 20
2. Brief title Character 30
3. Cost Numeric 8
4. Location Character 50
(b) DOS ASCII Text.
1. Columns shall be the same type and in the same
order as listed under Field Names above.
2. A comma (,) shall be placed between data
fields.
3. Character data fields shall be placed between
quotation marks (“. . .”).
4. Numeric data fields shall be right justified.
5. Blank spaces shall be used to fill the data
fields to the indicated number of digits.
(c) Hard Copy.
The following format is preferred, but not required:
Completed Electrical Work Orders For PSC Inspection
|
Work
Order
|
Brief
Title
|
Estimated
Cost
|
Location
|
|
|
|
|
|
(4) In its quarterly report, each utility shall
identify all transmission and distribution facilities subject to the
Commission’s safety jurisdiction, and shall certify to the Commission that they
meet or exceed the applicable standards. Compliance inspections by the
Commission shall be made on a random basis or as appropriate.
(5) As soon as practicable, but by the end of the
next business day after it learns of the occurrence, each investor-owned
electric utility, rural electric cooperative, and municipal electric utility
shall (without admitting liability) report to the Commission any accident occurring
in connection with any part of its transmission or distribution facilities
which:
(a) Involves death or injury requiring
hospitalization of nonutility persons; or
(b) Is significant from a safety standpoint in the
judgment of the utility even though it is not required by subsection (a).
(6) Each investor-owned electric utility, rural
electric cooperative, and municipal electric utility shall (without admitting
liability) report each accident or malfunction, occurring in connection with
any part of its transmission or distribution facilities, to the Commission
within 30 days after it learns of the occurrence, provided the accident or
malfunction:
(a) Involves damage to the property of others in
an amount in excess of $5000; or
(b) Causes significant damage in the judgment of
the utility to the utility’s facilities.
(7) Unless requested by the Commission, reports
are not required with respect to personal injury, death, or property damage
resulting from vehicles striking poles or other utility property.
Rulemaking Specific Authority 350.127(2),
366.05(1) FS. Law Implemented 366.04(2)(f), (6) FS. History–New
8-13-87, Amended 2-18-90, 11-10-93, 8-17-97, 7-16-02, 2-1-07, .
25-6.0346 Quarterly Reports of Work Orders and Safety
Compliance
(1) Each investor-owned electric utility, rural
electric cooperative and municipal electric utility shall report all completed
electric work orders, relating to the construction and/or maintenance of
transmission and distribution facilities, whether completed by the utility or
one of its contractors, at the end of each quarter of the year. The report
shall be electronically filed with the Commission’s Bureau of Safety no later
than the 30th working day after the last day of the reporting quarter using
Form PSC/ENG 157 (xx/12), “PSC Quarterly Report of Completed Work Orders,”
which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx.
This form is incorporated into this rule by reference and may also be obtained
from the Commission’s Division of Administrative Services.
(2) In its quarterly report, each utility shall
certify to the Commission that all work described in the completed work orders
listed in the quarterly report meets or exceeds the applicable standards.
Compliance inspections by the Commission shall be made on a random basis or as
appropriate.
Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented
366.04(2)(f) and (6), 366.05(1) FS. History–New .
25-6.060 Meter Test – Refereed Dispute Referee.
(1) In the event of a dispute, upon request written
application to the Commission by any customer, a test of the customer’s
meter shall will be made by the utility as soon as practicable.
Said test shall will be supervised and witnessed by a
representative of the Commission.
(2) A meter shall in no way be disturbed after the
utility has received notice that application has been made for such referee
test unless a representative of the Commission is present or unless authority
to do so is first given in writing by the Commission or by the customer.
(3) A report of the results of the test will be made
by the Commission to the customer.
(4) For equipment tested under this rule, any
previous accuracy test result on record at the time the meter test is requested
must be retained in accordance with Rule 25-6.022, F.A.C.
Rulemaking Specific Authority 350.127(2),
366.05(1) FS. Law Implemented 366.05(3), 366.08 FS. History–New 7-29-69,
Formerly 25-6.60, Amended 7-3-06, .
|
PSC QUARTERLY REPORT OF COMPLETED
WORK ORDERS
|
|
UTILITY
NAME:
|
|
|
|
|
|
CONTACT
NAME:
|
|
|
|
|
|
QUARTER/YEAR:
|
|
|
|
|
|
WORK ORDER NUMBER
|
LOCATION
|
COUNTY
|
ESTIMATED COST
|
BRIEF DESCRIPTION OF WORK (OVERHEAD
OR UNDERGROUND)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
ELECTRIC
UTILITY EVENT REPORT – DAMAGES
GREATER
THAN $10,000
Narrative of Event:
Damage to utilities facilities:
Date of Event:
Time of Event:
Constructed Before 7/1/1986? (Y/N):
Location of Event:
County:
Utility Name:
Person Reporting Event:
Date Reported:
Time Reported:
Additional Remarks:
Form PSC/ENG 158 (xx/12)
Rule 25-6.019(2), F.A.C.
ELECTRIC
UTILITY EVENT REPORT - INJURY
|
Narrative
of Event:
|
|
Location of Event:
|
|
Type of Injury:
|
|
Date:
|
Time:
|
County:
|
|
Facilities
Involved
|
|
Voltage:
Constructed Before 7/1/86? (Y/N):
|
|
Overhead:
|
Underground:
|
|
Parallel To:
|
Parallel To:
|
|
Crossing Over:
|
Crossing Under:
|
|
Vertical Clearance: ft. in.
|
Pad Mounted Equipment:
|
|
Horizontal Clearance:
ft.
in.
|
Burial Depth:
in.
|
|
Remarks:
|
Was Line Marked? (Y/N):
If Yes, Interval of Markings: ft.
|
|
Was Company Given Advance Notification of Work? (Y/N):
|
|
Electric Utility:
|
Reported By:
|
|
Date Reported:
|
Time Reported:
|
|
Number of Fatalities:
|
Number of Injuries:
|
|
|
|
|
Form PSC/ENG 159 (xx/12)
Rule 25-6.019(1), F.A.C.
Description of Electric Utility Event Report
Fields
Constructed Before 7/1/86? (Y/N): Was the power
line/equipment involved in the event constructed after July 1, 1986?
Overhead: Did the event involve an above ground
power line? (Y/N)
Underground: Did the event involve a buried power
line? (Y/N)
Parallel To: Does the power line in question run
parallel to a street, highway or other suitable landmark? If yes, enter the
name of the street, highway or landmark. Example: Highway 301, rear lot line,
drainage canal, Wachovia Bank Building, etc.
Crossing Over: Does the overhead power line in
question cross over a street, highway or other suitable landmark? If yes,
enter the name of the street, highway or landmark. Example: Billboard sign,
rooftop, balcony, lake, etc.
Crossing Under: Does the buried power line in
question cross under a street, highway or other suitable landmark? If yes,
enter the name of the street, highway or landmark. Example: Driveway, Highway
301, fence, etc.
Vertical Clearance: Depending on the circumstances
of the event, the vertical clearance of the power line from a roadway, rooftop,
scaffold, platform, etc.
Pad Mounted Equipment: Did the event involve a pad
mounted transformer or switchgear?
Horizontal Clearance: Similar to Vertical Clearance
but for lateral measurements.
Burial Depth: If power line is underground, depth to
which it is buried.
Remarks: This space to be used by reporting company as
needed.
Was Line Marked? (Y/N): Was the location of the
underground power line marked or identified in some way?
If Yes, Interval of Markings: What was the interval
of the markings? Example: Every 3 feet, every 10 feet, etc.
Was Company Given Advance Notification of Work? (Y/N):
If the event involved non-utility workers, was the utility given advance
notification of the work to be performed?
Form PSC/ENG 159 (xx/12)
Rule 25-6.019(1), F.A.C.
State of Florida
Public Service Commission
Capital Circle Office Center ● 2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
|
|
|
DATE:
|
September 11, 2012
|
|
TO:
|
Kathryn Cowdery, Senior Attorney,
Office of the General Counsel
|
|
FROM:
|
William B. McNulty, Economic
Analyst, Division of Economic Regulation
|
|
RE:
|
Statement of Estimated Regulatory
Costs for Draft Amendments to Rules 25-6.019, 25-6.0345, and 25-6.060,
F.A.C., and for Draft Rule 25-6.0346, F.A.C.
|
Summary
of Draft Rule Amendments and Draft Rule
This Statement
of Estimated Regulatory Cost (SERC) addresses three draft rule amendments
(Rules 25-6.019, 25-6.0345, and 25-6.060, Florida Administrative Code (F.A.C.))
and one draft rule adoption (Rule 25-6.0346, F.A.C.). Rule 25-6.019, F.A.C.,
Notification of Accidents, addresses utility reporting requirements regarding
deaths or injuries to non-utility persons and damages associated with
electrical system accidents. Rule 25-6.0345, F.A.C., Safety Standards for
Construction of New Transmission and Distribution Facilities, identifies the
governing standard for electrical facilities and work order reporting
requirements. Rule 25-6.060, F.A.C., Meter Test – Referee, addresses
customer-requested meter tests in the event of a dispute, wherein a Commission
representative supervises the test.
The draft amendment
to Rule 25-6.019, F.A.C., Notification of Accidents, would clarify the
reporting requirements associated with events involving any part of the
electrical system which involves the death or injury to non-utility persons or
damage to property. The draft rule amendment would require electric utilities
to file a report form for events involving death or injury of a non-utility
person and for events which are significant from a safety standpoint. Such
forms would be required within two business days after the electric utility
learns of the occurrence. Under the current rule, electric utilities are
required to notify the Commission as soon as practicable of any accident
involving the death or injury to non-utility persons or events which are
significant from a safety standpoint. Similarly, the draft amendment would
require electric utilities to file a report form within 30 days of learning of
any event involving damage to property of others exceeding $10,000 or causing
significant damage to utility facilities. Under the current rule, electric
utilities are required to report to the Commission within 30 days of an event
resulting in property damages exceeding $5,000 or an event resulting in
significant damage to utility facilities.
In addition, the
draft amendment to Rule 25-6.019, F.A.C. would expand the types of events for
which notification reports are not required to include events caused by storms
named by the National Hurricane Center, tornados recorded by the National
Weather Service, ice on lines, and extreme weather or fire events causing
activation of the county emergency operations center.
The draft amendment
to Rule 25-6.0345, F.A.C., Safety Standards for Construction of New
Transmission and Distribution Facilities, would update the safety standard
reference from the 2007 National Electrical Safety Code (NESC) to the 2012
NESC. The draft amendment would delete all requirements associated with
reports of completed electric work orders and safety standard certifications.
Such requirements are duplicated in draft Rule 25-6.0346, F.A.C. The draft
amendment to Rule 25-6.0345, F.A.C., would also delete all safety reporting
requirements. For organizational purposes, such requirements would be
transferred, with modifications, to Rule 25-6.019, F.A.C., as discussed above.
Draft Rule 25-6.0346, F.A.C., Quarterly Reports
of Work Orders and Safety Compliance, would incorporate the quarterly work
orders reporting requirement currently contained in Rule 25-6.0345, F.A.C.
Draft Rule 25-6.0346, F.A.C., references a required work orders reporting form
to be filed quarterly with the Commission’s Bureau of Safety rather than, as
appears in current Rule 25-6.0345, F.A.C., a description of the format of the
required report information within the rule text.
Finally, the draft amendment to Rule 25-6.060,
F.A.C., Meter Test – Referee, would require meter tests to be supervised and
witnessed by a representative of the Commission. Under the current rule, meter
tests are required to be supervised, but not witnessed, by a Commission
representative. Also, under the draft amendment, a test would be conducted
upon customer request. Under the current rule, written applications for meter
tests by the customer are required.
Economic Analysis of Impacts on Economic Growth or
Business Competitiveness
Subparagraph 120.541(2)(a)1, Florida
Statutes (F.S.), requires an economic analysis showing whether the draft rule
directly or indirectly is likely to have an adverse impact on economic growth,
private sector job creation or employment, or private sector investment in
excess of $1 million in the aggregate within 5 years after the implementation
of the rule. Subparagraph 120.541(2)(a)2, F.S., requires an economic analysis
showing whether the draft rule directly or indirectly is likely to have an
adverse impact on business competitiveness in excess of $1 million in the
aggregate within 5 years after the implementation of the rule. The draft rule
amendments and draft rule were evaluated for the potential for having adverse
impacts on measures of economic activity noted above.
The draft
amendment to Rule 25-6.019, F.A.C., is expected to have none of the adverse
impacts on the economic measures identified in Subparagraphs 120.541(2)(a)1
and 2, F.S. The reporting requirements for events resulting in death or
injury to non-utility persons per draft Form PSC/ENG 159 requires standard
information which would be collected by the utility. Similarly, the reporting
requirements for events resulting in damages to the property of others per
draft Form PSC/ENG 158 requires standard information which would be collected
by the utility. Each of these draft forms is a single page and cannot be
considered to be a substantive expansion to the level of reporting currently
required. The draft amendment would expand the death, injury, or property
damage report exemptions to include events caused by named storms, recorded
tornados, ice on lines, and extreme weather or fire events causing activation
of the county emergency operations center. The current rule only exempts
events resulting from vehicular equipment striking poles. The additional
exemptions can be expected to reduce the number of required reports. In sum, under
the draft amendment to Rule 25-6.019, F.A.C., the notification requirements are
standardized and reduced. As such, the draft amendment can be expected to
result in nominal cost savings to electric utilities. Thus, the draft
amendment to Rule 25-6.019, F.A.C., is not expected to adversely impact
economic growth, job creation, private sector investment, or business
competitiveness.
The draft
amendment to Rule 25-6.0345, F.A.C., is expected to have no adverse impacts on
the measures of economic activity identified in Subparagraphs 120.541(2)(a)1
and 2, F.S. Substantively, the draft amendment to Subsection 25-6.0345(1)
simply updates the reference to the current edition of the NESC. The draft
amendment would delete Subsections 25-6.0345(2) through (4) entirely and
transfer them in modified format to the draft Rule 25-6.0346, F.A.C. The draft
amendment would delete Subsections 25-6.0345(5) through (7) since they are
duplicated in Rule 25-6.019, F.A.C. Thus, the draft amendment to Rule 25-6.0345,
F.A.C., is not expected to adversely impact economic growth, job creation,
private sector investment, or business competitiveness.
The draft Rule
25-6.0346, F.A.C., is expected to have no adverse impacts on the measures of
economic activity identified in Subparagraphs 120.541(2)(a)1 and 2, F.S.
Substantively, the draft rule replicates in report format the existing
requirements found in Rule 25-6.0345(2) through (4). The required quarterly
reports would follow the format specified in draft Form PSC/ENG 157,
incorporated into the rule by reference, a single page form similar to the
format currently specified in Rule 25-6.0345, F.A.C. As such, the draft
amendment to Rule 25-6.0346, F.A.C., is not expected to adversely impact
economic growth, job creation, private sector investment, or business
competitiveness.
The draft
amendment to Rule 26-6.060, F.A.C., is expected to have no adverse impacts on
the measures of economic activity identified in Subparagraphs 120.541(2)(a)1
and 2, F.S. The draft amendment requires meter tests under dispute to be
witnessed by Commission representatives, but that procedure is the norm
currently. As such, the draft amendment to Rule 25-6.060, F.A.C., is not
expected to adversely impact economic growth, job creation, private sector
investment, or business competitiveness.
Estimated Transactional Costs
to Individuals and Entities
Section 120.541(2)(d), F.S., requires a good
faith estimate of the transactional costs likely to be incurred by individuals
and entities, including local government entities, required to comply with the
requirements of the rule. As discussed above in “Economic Analysis of Impacts
on Economic Growth and Business Competitiveness,” the draft rule amendments
and draft rule do not expand the requirements for the utilities. The draft
rule amendment to Rule 25-6.019, F.A.C., would actually reduce the types of
events for which Commission notification is required, which can be expected to
reduce the level of costs to the electric utilities. The draft forms
referenced in the draft amendment to Rule 25-6.019 and draft Rule 25-6.0346,
F.A.C., standardize and simplify the reporting requirements without expanding
the volume of information required, which may yield further cost savings. The
draft amendment to Rule 25-6.060, F.A.C., does not require any additional
activity or expense on the part of the utilities. In sum, the transactional
costs likely to be incurred by individuals and entities, including local
government entities, required to comply with the draft amendments to Rules
25-6.019, 25-6.0345, and 25-6.060, F.A.C., and draft Rule 25-6.0346, F.A.C.,
individually and collectively, is zero.
Rule Implementation and
Enforcement Costs
Section
120.541(2)(c), F.S., requires a good faith estimate of the cost to the agency,
and to any other state and local government entities, of implementing and
enforcing the proposed rule, and any anticipated effect on state or local
revenues. The draft rule amendments and draft rule are not expected to require
increases in costs related to their implementation or enforcement. The
standardized forms which would be required by the draft amendments and draft
rule would streamline record keeping and the Commission staff’s review of the
information contained in the forms. The draft rule amendments and draft rule
are not expected to have any effect on state or local revenues.
Economic Analysis of Regulatory Costs
Subparagraph 120.541(2)(a)3, F.S., requires an
economic analysis showing whether the draft rule directly or indirectly is
likely to increase regulatory cost, including any transactional costs, in
excess of $1 million in the aggregate within 5 years after the implementation
of the rule. Based upon the analysis in the above sections “Estimated
Transactional Costs to Individuals and Entities” and “Rule Implementation and
Enforcement Costs,” the draft rule amendments and draft rule are not expected
to introduce new transactional costs or agency costs, the two components of
regulatory costs. Thus, the draft amendments to Rules 25-6.019, 25-6.0345, and
25-6.060, F.A.C., and draft Rule 25-6.0346, F.A.C., are not expected to
directly or indirectly increase regulatory costs including any transactional
costs, in excess of $1 million in the aggregate, within 5 years after the
implementation of the rule.
Estimated Number of Entities
Required to Comply
Subparagraph
120.541(2)(b), F.S., requires a good faith estimate of the number of
individuals and entities likely to be required to comply with the rule,
together with a general description of the types of individuals anticipated to
be affected by the rule. Fifty-seven electric utilities would be required to
comply with draft amendments to Rules 25-6.019 and 25-6.0345, F.A.C. and draft
Rule 25-6.0346, F.A.C., including five investor-owned electric utilities, 34
municipal electric utilities, and 18 electric cooperatives. Five
investor-owned electric utilities would be required to comply with the draft
amendment to Rule 25-6.060, F.A.C. Utility customers are expected to be
unaffected by the draft rule amendments, if adopted.
Impact On Small Businesses, Small Cities, Or Small Counties
Section
120.541(2)(e), F.S., requires an analysis of the impact of the proposed changes
on small businesses as defined by Section 288.703, F.S., and an analysis of the
impact on small counties and small cities as defined in Section 120.52, F.S.
The draft amendments to Rules 25-6.019, 25-6.0345, and 25-6.060, F.A.C., and
draft Rule 25-6.0346, F.A.C., are expected to be transparent to small
businesses, small counties, and small cities. Since the draft rule amendments
and draft rule are not expected to result in any incremental costs, rates to
small businesses, small counties, and small cities should be unaffected.
Additional Information Deemed
Useful By The Agency
None.
cc: Bob Trapp
Rick Moses
Jim Dean