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Case Background
On August 26, 2013, Farmton Water Resources LLC (Farmton
or Utility) filed a notice to amend Certificate Nos. 622-W and 564-S to extend
and delete service territory in Volusia and Brevard Counties. Farmton is a
Class C water and wastewater utility in Volusia and Brevard Counties serving three water customers and no wastewater customers. The Utility is located in
the St. Johns River Water Management District, which has permanent water
restriction rules in place. According to the Utility’s 2012 Annual Report,
combined operating revenues were $1,433 with a total net operating loss of $34,711.
The Utility plans to extend and delete its certificated water and wastewater
service areas as described in Attachment A.
On January 2, 2014, Ms. Lesley Blackner, representing the
Volusia Flagler Sierra Club, contacted legal staff regarding the instant
docket. She was subsequently made an interested party in the docket and kept
apprised of the pendency of the docket.
Farmton was granted Certificate No. 622-W in 2004
and 564-S in 2012.
The Commission has jurisdiction pursuant to Sections 367.045 and 367.071, Florida
Statutes (F.S.).
Discussion of Issues
Issue 1:
Should the Commission approve Farmton’s application
for amendment of Certificate Nos. 622-W and 564-S in Volusia and Brevard Counties?
Recommendation:
Yes. It is in the public interest to amend
Certificate Nos. 622-W and 564-S to reflect the territory as described in
Attachment A, effective the date of the Commission’s vote. The resultant order
should serve as Farmton’s amended certificates and should be retained by the
Utility. The Utility should charge the customers in the territory added herein
the rates and charges contained in its current tariffs until a change is
authorized by the Commission in a subsequent proceeding. (M. Watts, Klancke)
Staff Analysis:
The Utility’s application to amend its authorized
service territory was submitted in accordance to Rule 25-30.036, Florida
Administrative Code (F.A.C.). The application contains proof of compliance
with the noticing provisions set forth in Rule 25-30.030, F.A.C. No timely objections
to the application have been received and the time for filing such expired on
September 30, 2013.
The proposed service territory amendment is intended to amend
the wastewater certificate to include the territory within Volusia County
currently included in its water service territory and to extend both the water
and wastewater territories so that they cover all of the properties now owned
by the related party landowners. The proposed amendment also serves to delete
a parcel from the existing water service territory to recognize the existing
water and wastewater service area of the City of Edgewater, and to delete
several parcels within the existing wastewater service territory that are no
longer owned by the related party landowners. Upon completion of all proposed
amendments, the territory covered by Farmton’s water and wastewater
certificates will be identical.
Farmton’s current water service customers include tree
farming operations and hunting camp activities. These include one residential
connection, two general service connections, and one fire connection. The
Utility’s plans for future phases adhere to the comprehensive plan development
entitlements of Volusia and Brevard Counties. These plans allow for the
development of 18,408 residential units and 3,879,783 square feet of commercial
space in Volusia County, and 2,306 residential units and 1,250,000 square feet
of commercial space in Brevard County. The application contains warranty
deeds as evidence that the Utility owns the land upon which the Utility’s water
and wastewater treatment facilities are located. Adequate service territory
maps and territory descriptions have also been provided. The Utility’s
application included a statement indicating that through the funding and
financial support of its managing member, Farmton Management LLC, it will have
the financial backing to provide the financial and operating support necessary
for the Utility to be successful.
The Utility’s current facilities consist of three 4-inch
wells with hand-operated pumps. One of these wells is in the area proposed for
deletion. As required by Rule 25-30.036(4)(h), F.A.C., the Utility provided
statements regarding effect on customers’ ability to get water and wastewater
service in the area proposed for deletion. Farmton stated a portion of its existing water service territory in Volusia County has been designated for inclusion in the City of Edgewater’s water service
territory; therefore, any potential customers in that territory would seek
service from the City of Edgewater. Also, the Utility has one customer, the
Miami Tract Hunt Club, that utilizes a well in the area proposed for deletion
in support of hunting operations. Unlike residential or commercial operations,
which have geographically fixed water demands, the hunting operations are
conducted throughout the Farmton property and do not have a specific water
demand location. The Utility has two other wells of similar design on its
property that will remain available to support the hunting operations.
Based on the foregoing, staff recommends it is in the public
interest to amend Certificate Nos. 622-W and 564-S to reflect the territory as
described in Attachment A, effective the date of the Commission’s vote. The
resultant order should serve as Farmton’s amended certificates and should be
retained by the Utility. The Utility should charge the customers in the
territory added herein the rates and charges contained in its current tariff
until a change is authorized by the Commission in a subsequent proceeding.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If staff’s recommendation in Issue 1 is
approved, no further action is required and the docket should be closed.
(Klancke)
Staff Analysis:
If Issue 1 is approved, no further action is
required and the docket should be closed.
FLORIDA
PUBLIC SERVICE COMMISSION
authorizes
Farmton Water
Resources LLC
pursuant to
Certificate Number
622-W
to provide
water service in Volusia and Brevard Counties 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
PSC-04-0980-FOF-WU 10/08/2004 021256-WU
Original Certificate
* * 130229-WS
Amendment
*Order Numbers and dates to
be provided at time of issuance.
FLORIDA
PUBLIC SERVICE COMMISSION
authorizes
Farmton Water
Resources LLC
pursuant to
Certificate Number
564-S
to provide wastewater
service in Volusia and Brevard Counties 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
PSC-12-0204-PAA-SU 04/16/2012 050192-WS
Original Certificate
* * 130047-WS
Amendment
*Order Numbers and dates to
be provided at time of issuance.