Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rules
25-30.425 and 25-30.455, F.A.C.?
Recommendation:
Yes. The Commission should propose the amendment of
Rules 25-30.425 and 25-30.455, F.A.C., as set forth in Attachment A. (Harper, Golden,
Rome)
Staff Analysis:
The purpose of this rulemaking is to update,
clarify, and streamline Commission Rules 25-30.425 and 25-30.455, F.A.C.,
consistent with the Florida Legislature’s 2016 legislation. Staff is
recommending that the Commission propose the amendment of the rules, as set
forth in Attachment A. Below is a more detailed explanation of the rule
amendments staff is recommending.
Rule 25-30.425, F.A.C., Pass Though Rate
Adjustment
Rule 25-30.425, F.A.C., implements
Section 367.081(4)(b), F.S., which allows for water and wastewater utilities
regulated by the Commission to use pass-through provisions to obtain rate
increases or decreases without the requirements for a rate proceeding. Prior to the
2016 legislation, Section 367.081(4)(b), F.S., allowed a utility to use the pass-through provisions to
adjust its rates to reflect changes in the following specified expenses: (a)
purchased water or wastewater service, (b) costs of electric power, (c) ad
valorem taxes, (d) Commission Regulatory Assessment Fees, (e) Department of
Environmental Protection (DEP) fees for the National Pollutant Discharge
Elimination System (NPDES) Program, and (f) water quality or wastewater quality
testing required by DEP.
The 2016 legislation modified subsection 367.081(4)(b),
F.S., to expand the types of specified expenses that are eligible for a pass-through
adjustment to include: (a) fees charged for wastewater biosolids disposal, (b)
costs incurred for a tank inspection required by DEP or a local governmental
authority, (c) treatment plant operator and water distribution system license
fees required by DEP or a local governmental authority, (d) water or wastewater
operating permit fees charged by DEP or a local governmental authority, and (e)
consumptive or water use permit fees charged by a water management district.
Accordingly, staff is
recommending
language to amend sections (2), (3), and (4) of Rule 25-30.425, F.A.C., to
assist applicants by clarifying the documentation that the Commission requires
from utilities to evaluate the utilities’ submissions for recovery of
pass-through costs. Staff is also recommending additional amendments to subsection
25-30.425(2), F.A.C., to clarify how applicants may provide certain
documentation to allow for the filing of concurrent pass-through and price
index applications more efficiently.
In addition, the 2016
legislation allows the Commission to establish by rule additional expense items
that are outside the control of the utility and have been imposed upon the
utility by a federal, state, or local law, rule, order, or notice. Staff did
not receive any requests to add any additional specified expenses at this time.
Staff received comments from OPC requesting better access to the pass-through
petitions and filings, which are currently undocketed and processed
administratively. Staff is reviewing possible options for improving public
access to this information and will address this concern outside of the
rulemaking process.
Staff believes the amendments to Rule 25-30.425, F.A.C.,
are consistent with the 2016 legislation, address the interested persons’ comments, and will
reduce the number of data requests that would be necessary to acquire the
information from the utilities during the pass-through application process,
thereby streamlining the process for both staff and the applicants.
Rule 25-30.455, F.A.C., Staff Assistance in Rate
Cases
Rule 25-30.455, F.A.C.,
implements Section 367.0814(3), F.S., which was amended by the 2016 legislative
session to specify that the Commission may not award rate case
expenses to recover attorney fees or fees of other outside consultants who are
engaged for the purpose of preparing or filing the case if a utility receives
staff assistance in changing rates and charges pursuant to this section, unless
the Office of Public Counsel or interested parties have intervened. The statute
as amended provides that the Commission may award rate case expenses for
attorney fees or fees of other outside consultants if such fees are incurred
for the purpose of providing consulting or legal services to the utility after
the initial staff report is made available to customers and the utility. The
amended statute also provides that if there is a protest or appeal by a party
other than the utility, the Commission may award rate case expenses to the
utility for attorney fees or fees of other outside consultants for costs
incurred after the protest or appeal. Thus, Rule 25-30.455, F.A.C., was
amended to reflect the amendments to Section 367.0814(3), F.S., made in the
2016 legislation.
Statement of Estimated Regulatory Costs
Pursuant to Section 120.54, F.S., agencies are encouraged
to prepare a statement of estimated regulatory costs (SERC) before the
adoption, amendment, or repeal of any rule. The SERC is appended as Attachment
B to this recommendation. The SERC analysis also includes whether the rule
amendment is likely to have an adverse impact on growth, private sector job
creation or employment, or private sector investment in excess of $1 million in
the aggregate within five years after implementation.
The SERC concludes that any economic impacts that might be
incurred by affected entities would be a result of statutory changes to
Sections 367.081 and 367.0814, F.S., made by the 2016 legislation and will not
be the result of staff’s recommended amendments to the Commission rules. Staff
believes that the rule amendments will not likely directly or indirectly
increase regulatory costs in excess of $200,000 in the aggregate in Florida
within one year after implementation.
Further, the SERC concludes that the rule amendments will
not likely have an adverse impact on economic growth, private-sector job
creation or employment, private sector investment, business competitiveness,
productivity, or innovation in excess of $1 million in the aggregate within
five years of implementation. Thus, the rule amendments do not require
legislative ratification pursuant to Section 120.541(3), F.S.
In addition, the SERC states that the rule amendments will
not have an adverse impact on small business and will have no impact on small
cities or small counties. No regulatory alternatives were submitted pursuant to
paragraph 120.541(1)(a), F.S. None of the impact/cost criteria established in
paragraph 120.541(2)(a), F.S., will be exceeded as a result of the recommended
revisions.
Conclusion
Based on the
foregoing, staff recommends the amendment of Rules 25-30.425 and 25-30.455,
F.A.C.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing or comments are
filed, the rules may be filed with the Department of State, and this docket
should be closed. (Harper)
Staff Analysis:
If no requests for hearing or comments are filed,
the rules may be filed with the Department of State, and this docket should be
closed.
25-30.425 Pass Through Rate Adjustment.
The verified notice to the Commission
of an adjustment of rates under the provisions of Section 367.081(4)(b), F.S.,
shall be made in the following manner:
(1) This rule applies Prior
to any regulated water or wastewater utility that adjusts its an
adjustment in rates pursuant to Section 367.081(4)(b), F.S., to reflect
because of an increase or decrease in the rates, fees, or costs for
the following specified expenses purchased utility service, the utility
shall file:
(a) A certified copy of the order,
ordinance or other evidence whereby the rates for Water or wastewater
utility service purchased from a are increased or decreased by the
governmental authority agency or other by a water
or wastewater utility regulated by the Commission;, along with
evidence of the utility service rates of that governmental agency or water or
wastewater utility in effect on January 1 of each of the three preceding years.
(b) Purchased electric power; A
statement setting out by month the charges for utility services purchased from
the governmental agency or regulated utility for the most recent 12-month
period.
(c) Ad valorem taxes; 1. A
statement setting out by month the gallons of water or wastewater treatment
purchased from the governmental agency or regulated utility for the most recent
12-month period. If wastewater treatment service is not based on a metered
flow, the number of units by which the service is measured shall be stated.
2. A statement setting out by month
gallons of water and units of wastewater service sold by the utility for the
most recent 12-month period.
(d) National Pollutant Discharge
Elimination System (NPDES) Permit Program fees charged by the Florida
Department of Environmental Protection; A statement setting out by month
the gallons of water or wastewater treatment purchased from any other
government entity or utility company.
(e) Regulatory Assessment Fees imposed
A statement setting out by the Commission; month the gallons
of water pumped or wastewater treated by the utility filing the verified
notice.
(f) If the total Wwater
or wastewater quality testing required by the Department of Environmental
Protection (DEP); available for sale is in excess of 110% of the water
sold, a statement explaining the unaccounted for water.
(g) Wastewater biosolids disposal fees;
(h) Tank inspection required by the DEP
or a local governmental authority;
(i) Treatment plant operator and water
distribution system operator license fees required by the DEP or a local
governmental authority;
(j) Water or wastewater operating
permit fees charged by the DEP or a local governmental authority; or
(k) Consumptive or water use permit
fees charged by a water management district.
(2) Prior to an adjustment in rates pursuant
to Section 367.081(4)(b), F.S., because of an increase or decrease in
the charge for electric power the utility shall file its verified notice
and supporting documents with the Commission’s Division of Accounting
and Finance at least 45 days prior to the effective date of its pass through
rate adjustment, or at least 60 days prior to the effective date of its
combined or simultaneously filed price index and pass through rate adjustments
if the utility requests an exception to the 45 day effective date, as
referenced in paragraph (2)(h), to allow the price index and pass through rate
adjustments to be implemented as one rate adjustment pursuant to Section
367.081(4)(e), F.S. Each verified notice of a pass through rate adjustment
shall include the following supporting documents. If the same information or
supporting document is required for both the price index and pass through rate
adjustments, such as revised tariff sheets, annualized revenue calculations,
return on equity affirmations, and customer notices, the applicant may file a combined
supporting document to be used for both applications:
(a) Revised tariff sheets reflecting
the increased or decreased rates; A certified copy of the order,
ordinance or other evidence which establishes that the rates for electric power
have been increased or decreased by the supplier, along with evidence of the
electric power rates of the supplier in effect on January 1 of each of the
three preceding years.
(b) A schedule showing, by month,
the calculation of charges for electric power and consumption for
the proposed rates, including most recent 12 month period, the following
information. If the pass through rate adjustment is combined with a price index
rate adjustment, a combined schedule that shows the calculation of both the
price index and pass through rate adjustments may be provided: charges
that would have resulted had the new electric rates been applied, and
the difference between the charges under the old rates and the charges under
the new rates.
1. The calculation of the recurring
annual or amortized annual amount of the new expense or incremental change
calculated as referenced in subsection (3);
2. The utility’s actual annual revenue
or calculation of the annualized revenue for the most recent 12-month period,
or 12-month test year if combined or simultaneously filed with a price index
application. If there were any Commission-approved changes to the utility’s
rates during the 12-month period or test year, the revenue should be annualized
to reflect the revenue that would have resulted if the rate change had been in
effect the entire 12 months. The annualized revenue calculation should reflect
the annual number of bills broken down by customer class and meter size, and
the annual gallons of water or wastewater service sold broken down by customer
class. Annualized revenues should be calculated separately if the utility
provides both water and wastewater service;
3. If the pass through of an increase
or decrease in purchased water or wastewater utility service, purchased power, or
wastewater biosolids disposal is applied only to the gallonage charge in the
rate adjustment calculation, provide a schedule showing the gallons of water or
wastewater service sold during each month of the most recent 12-month period or
test year, broken down by customer class and meter size, if not shown in the
revenue calculation previously provided in subparagraph (2)(b)2. above; and
4. The calculation of the proposed
rates that shows the current rates, dollar amount of the pass through increase
or decrease, and proposed adjusted rates. The percentage increase or decrease
resulting from the pass through adjustment for any specified expense may be
applied to all rates equally or allocated between the base facility charge and
gallonage charge based on the following guidelines:
i. The percentage increase or decrease
in purchased water or wastewater utility service, purchased power, or
wastewater biosolids disposal may be applied solely to the gallonage charge;
ii. The percentage increase or decrease
in ad valorem taxes may be applied solely to the base facility charge;
iii. The percentage increase or
decrease in any specified expense that was adjusted using a specific allocation
methodology in the utility’s last rate proceeding or in a prior pass through
adjustment may be applied using that same methodology; and
iv. The percentage increase or decrease
in any specified expense that reflects a single assessment to the water and
wastewater systems combined may be allocated between the water and wastewater rates
based on the equivalent residential connection ratio of water and wastewater
customers;
(c) A copy of statement
outlining the current invoice, proof of payment, or other documentation
that demonstrates that measures taken by the specified expense has
been adjusted or is a new requirement.
If the specified expense is an existing expense that was not previously
included in the utility’s rates, also provide a statement confirming that the
specified expense has never been included in the utility’s rates; utility
to conserve electricity.
(d) A copy of the invoice(s) or other
documentation that supports the utility’s calculation of the recurring annual
or amortized annual increase or decrease in the specified expense referenced in
subparagraph (2)(b)1., as follows:
1. For a frequently recurring specified
expense, such as purchased power, provide a copy of all invoices received for
the most recent 12-month period or test year;
2. For a specified expense that occurs
on an annual basis, such as ad valorem taxes, provide a copy of the invoice
received for the prior year;
3. For a specified expense that occurs
less than annually, such as NPDES permit program fees, provide a copy of the
invoice received the last time the expense occurred; or
4. For the pass through of an
incremental increase or decrease in regulatory assessment fees that were
previously included in the utility’s rates by another governmental entity prior
to the Commission’s regulation of the utility, provide documentation that shows
the percentage or amount of regulatory assessment fees that were previously
included in the utility’s rates, such as a copy of an order, ordinance, rate
calculation, or other available information that can be used to determine and
verify the percentage of regulatory assessment fees that were previously
included in the utility’s rates.
(e) The utility’s DEP Public Water
System identification number and Wastewater Treatment Plant Operating Permit
number;
(f) The affirmation required by Section
367.081(4)(c), F.S., including the rate of return on equity that the utility is
affirming it will not exceed with this rate adjustment;
(g) A copy of the notice to customers
required by subsection (6); and,
(h) If applicable, a statement that the
utility requests an exception to the 45 day effective date provided by Section
367.081(4)(b), F.S., to allow combined or simultaneously filed price index and
pass through rate adjustments to be implemented together as one rate adjustment
pursuant to Section 367.081(4)(e), F.S., with an effective date 60 days after
the official filing date of the utility’s notice of intention to increase rates
through a price index rate adjustment filed pursuant to Section 367.081(4)(a)
and Rule 25-30.420(2), F.A.C.
(3) The recurring annual or amortized
annual amount Prior to an adjustment in rates because of an
increase or decrease in ad valorem taxes the new expense or incremental
change utility shall be calculated as follows file with
the Commission:
(a) The change in aA frequently
recurring specified expense, such as purchased power, copy of the ad
valorem tax bills which increased or decreased shall be calculated as an
annual and copies of the previous three years’ bills; if copies have
been submitted previously, a schedule showing the tax total, broken down
by month for the most recent 12-month period or for the 12-month test year if
combined or simultaneously filed with a price index rate adjustment. The
calculation shall reflect the following information: only is acceptable;
and
1. All charges or fees included in the
total specified expense, such as the purchased water or wastewater base
facility charge, gallonage charge, any applicable billing or service fees, and
taxes, even if some of the rates or fees did not change;
2. The actual or annualized charges for
the specified expense. If the rates or charges for the specified expense
changed during the 12-month period or test year, the actual charges should be
annualized to reflect the charges that would have resulted if the prior rates
or charges had been in effect the entire 12 months;
3. The annualized charges that would
have resulted if the new rates had been in effect the entire 12 months;
4. The difference between the charges
at the prior and new rates; and
5. If the utility’s most recent rate
proceeding included adjustments for excessive unaccounted for water (EUW) or
excessive inflow and infiltration (I&I), the calculation of an increase or
decrease in purchased water or wastewater utility service or purchased electric
power shall also include the same percentage EUW or I&I adjustments. If the
utility has taken steps to reduce EUW or I&I since its most recent rate
proceeding, the utility may, but is not required to, provide additional
information to demonstrate that the EUW or I&I percentages have been
reduced. Any proposed revision to the EUW or I&I percentages should be
calculated as referenced in subsection (4);
(b) The change in aA specified
expense calculation of the amount of the ad valorem taxes related to
that occurs on an annual basis, such as ad valorem taxes, shall be
calculated as an annual total based on a comparison of the prior expense and
new expense. If applicable, the calculation of the increase or decrease portion
of the water or wastewater plant not used and useful in ad valorem taxes
shall only include the following additional adjustments: in providing
utility service.
1. If any ad valorem tax bills reflect
a single assessment for combined water and wastewater property, the calculation
shall also include the utility’s calculation of the equivalent residential
connection ratio of water and wastewater customers used to allocate the
combined tax assessment between the utility’s water and wastewater rates; and
2. If the utility’s last rate proceeding
included adjustments for non-used and useful plant, the calculation shall also
include an adjustment to remove the portion of the ad valorem taxes related to
the water or wastewater plant that is not used and useful in providing utility
service;
(c) The change in a specified expense
that occurs less than annually, such as NPDES permit program fees, shall be
calculated as an annual amortized amount based on a comparison of the prior and
new expense. The expense shall be amortized as a non-recurring expense in
accordance with Rule 25-30.433(8), F.A.C., and the calculation shall include an
explanation if the expense that is amortized for a period other than five
years.
(4) Prior to an adjustment in rates
because of an increase or decrease in Tthe pass through
costs of changes water quality or wastewater quality testing
required by the Department of Environmental Protection (DEP), or because of an
increase or decrease in purchased water or wastewater utility service or
purchased electric power shall be adjusted for EUW or I&I consistent with
adjustments approved by the fees charged by DEP in connection with the
National Pollutant Discharge Elimination System Program, the utility shall file
with the Commission in the utility’s most recent rate proceeding, if
applicable. If the utility has taken steps to reduce the EUW and I&I
percentages since its most recent rate proceeding, the utility may, but is not
required, to provide the following information to demonstrate that the EUW and
I&I percentages have been reduced and that the previously approved EUW and
I&I percentages should either be reduced or eliminated from the pass
through rate adjustment calculation:
(a) A description copy of any
steps taken by the utility to reduce the EUW or I&I since the
utility’s last rate proceeding invoice for testing; and,
(b) A schedule showing the updated cCalculation
of EUW or I&I broken down by month for the most recent 12-month
period or test year including: amortized amount.
1. The gallons of water or wastewater
treatment purchased from the governmental authority or regulated utility that
has increased or decreased its rates. If wastewater treatment service is not
based on a metered flow, describe how the wastewater flows are determined and include the number of units by which the service is
measured;
2. If the utility purchases water or
wastewater service from more than one governmental authority or regulated
utility, include the gallons of water or
wastewater treatment purchased from any other governmental authority or
regulated utility not reflected in subparagraph (4)(b)1. above. If wastewater
treatment service is not based on a metered flow, describe how the wastewater
flows are determined and include the number of
units by which the service is measured;
3. The gallons of water pumped or
wastewater treated by the utility, if applicable;
4. The gallons of water or wastewater
service sold by the utility;
5. The total unaccounted for water or
inflow and infiltration; and
6. A statement explaining the EUW or
I&I if the total water available for sale or total wastewater treatment
purchased is still in excess of 110 percent of the water or wastewater service
sold.
(5) The amount administratively
approved for a pass through rate adjustment In addition to subsections
(1), (2), (3) and (4) above, the utility shall not exceed the actual
cost incurred. Foregone pass through decreases shall not be used to adjust a
pass through increase below the actual cost incurred. also file:
(a) A schedule of proposed rates which
will pass the increased or decreased costs on to the customers in a fair and
nondiscriminatory manner and on the basis of current customers, and a
calculation showing how the rates were determined;
(b) A statement, by class of customer
and meter size, setting out by month the gallons of water and units of
wastewater service sold by the utility for the most recent 12 month period.
This statement shall not be required in filings for the pass-through of
increased regulatory assessment fees or ad valorem taxes;
(c) The affirmation reflecting the
authorized rate of return on equity required by Section 367.081(4)(c), F.S.;
(d) A copy of the notice to customers
required by subsection (7) of this rule;
(e) Revised tariff sheets reflecting
the increased rates;
(f) The rate of return on equity that
the utility is affirming it will not exceed pursuant to Section 367.081(4)(c),
F.S.; and
(g) The utility’s DEP Public Water
System identification number and Wastewater Treatment Plant Operating Permit
number;
(6) The utility shall provide each
customer with written notice of the administratively approved rate adjustment,
including the effective date and an explanation of the reasons for the increase
or decrease, prior to the time each customer will begin consumption at the
adjusted rates. If the pass through rate adjustment is combined or
simultaneously filed with a price index rate adjustment, the utility may
provide the information for both rate adjustments in a combined customer notice
amount authorized for pass through rate adjustments shall not exceed the
actual cost incurred and shall not exceed the incremental increase or decrease
for the 12-month period. Foregone pass through decreases shall not be used to
adjust a pass through increase below the actual cost incurred.
(7) In order for the Commission to
determine whether a utility which had adjusted its rates pursuant to Section
367.081(4)(b), F.S., has thereby exceeded the range of its last authorized rate
of return, the Commission may require a utility to file the information
required in Rule 25-30.437, F.A.C., for the test year specified.
(8) Prior to the time a customer begins
consumption at the adjusted rates, the utility shall notify each customer of
the increase authorized and explain the reasons for the increase.
(9) The utility shall file an original
and five copies of the verified notice and supporting documents with the
Commission Clerk. The rates shall become effective 45 days after the official
date of filing. The official date of filing for the verified notice to the
Commission of adjustment in rates shall be at least 45 days before the new
rates are implemented.
Rulemaking Authority 350.127(2), 367.081, 367.121(1)(c),
(f) FS. Law Implemented 367.081(4), 367.121(1)(c), (g) FS. History–New 6-10-75,
Amended 4-5-79, 4-5-81, 10-21-82, Formerly 25-10.179, Amended 11-10-86, 6-5-91,
4-18-99, __________.
25-30.455
Staff Assistance in Rate Cases.
(1)
Water and wastewater utilities whose total gross annual operating revenues are
$275,000 or less for water service or $275,000 or less for wastewater service,
or $550,000 or less on a combined basis, may petition the Commission for staff
assistance in rate applications by submitting a completed staff assisted rate
case application. If a utility that chooses to utilize the staff assistance
option employs outside experts to assist in developing information for staff or
to assist in evaluating staff’s schedules and conclusions, the Rreasonable
and prudent rate case expense shall will be eligible
for recovery recoverable through the rates developed by staff. Recovery
of attorney fees and outside consultant fees related to the rate case shall be
determined based on the requirements set forth in Section 367.0814(3), F.S.
A utility that chooses not to exercise the option of staff assistance may file
for a rate increase under the provisions of Rule 25-30.443, F.A.C.
(2)
The appropriate application form, Commission Form PSC/AFD 2-W (11/86) (Rev.
06/14), entitled “Application for a Staff Assisted Rate Case,” is incorporated
into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04415.
The form may also be obtained from the Commission’s Division of Accounting and
Finance, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850.
(3)
Upon completion of the form, the applicant shall file it with the Office of
Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak
Boulevard, Tallahassee, Florida 32399-0870.
(4)
Within 30 days of receipt of the completed application, the Committee will
evaluate the application and determine the applicant’s eligibility for staff
assistance.
(a)
If the Commission has received four or more applications in the previous 30
days; or, if the Commission has 20 or more docketed staff assisted rate cases
in active status on the date the application is received, the Commission will
deny initial evaluation of an application for staff assistance and close the
docket. When an application is denied under the provisions of this paragraph,
the Commission will notify the applicant of the date on which the application
may be resubmitted.
(b)
Initially, determinations of eligibility will be conditional, pending an
examination of the condition of the applicant’s books and records.
(5)
Upon making its final determination of eligibility, the Commission will notify
the applicant in writing as to whether the application is officially accepted
or denied. If the application is accepted, a staff assisted rate case will be
initiated. If the application is denied, the notification of application denial
will state the deficiencies in the application with reference to the criteria
set out in subsection (7) of this rule.
(6)
The official date of filing will be 30 days after the date of the written
notification to the applicant of the Commission’s official acceptance of the
application.
(7)
In determining whether to grant or deny the application, the Commission will
consider the following criteria:
(a)
Whether the applicant qualifies for staff assistance pursuant to subsection (1)
of this rule;
(b)
Whether the applicant’s books and records are organized consistent with Rule
25-30.110, F.A.C., so as to allow Commission personnel to verify costs and
other relevant factors within the 30-day time frame set out in this rule;
(c)
Whether the applicant has filed annual reports;
(d)
Whether the applicant has paid applicable regulatory assessment fees;
(e)
Whether the applicant has at least one year of experience in utility operation;
(f)
Whether the applicant has filed additional relevant information in support of
eligibility, together with reasons why the information should be considered;
and
(g)
Whether the utility was granted a rate case increase within the 2-year period
prior to the receipt of the application under review.
(8)
The Commission will deny the application if the utility does not remit the
filing fee, as provided by paragraph 25-30.020(2)(f), F.A.C., within 30 days
after official acceptance.
(9)
An aggrieved applicant may request reconsideration of the application denial,
which will be decided by the full Commission.
(10)
A substantially affected person may file a petition to protest the Commission’s
proposed agency action in a staff assisted rate case within 21 days of issuance
of the Notice of Proposed Agency Action Order, as set forth in Rule 28-106.111,
F.A.C.
(11)
A petition to protest the Commission’s proposed agency action shall conform to
Rule 28-106.201, F.A.C.
(12)
In the event of a protest of the Commission’s Notice of Proposed Agency Action
Order in a staff assisted rate case, the utility shall:
(a)
Provide prefiled direct testimony in accordance with the Order Establishing
Procedure issued in the case. At a minimum, that testimony shall adopt the
Commission’s Proposed Agency Action Order;
(b)
Sponsor a witness to support source documentation provided to the Commission
staff in its preparation of the staff audit, the staff engineering and
accounting report and the staff proposed agency action recommendation in the
case;
(c)
Include in its testimony the necessary factual information to support its
position on any issue that it chooses to take a position different than that
contained in the Commission’s Proposed Agency Action Order; and
(d)
Meet all other requirements of the Order Establishing Procedure.
(13)
Failure to comply with the dates established in the Order Establishing
Procedure, or to timely file a request for extension of time for good cause
shown, may result in dismissal of the staff assisted rate case and closure of
the docket.
(14)
In the event of a protest of the Commission’s Proposed Agency Action Order in a
staff assisted rate case, the Commission staff shall:
(a)
File prefiled direct testimony to explain its analysis in the staff proposed
agency action recommendation. In the event the staff wishes to alter its
position on any issue, it shall provide factual testimony to support its changed
position;
(b)
Meet all other requirements of the Order Establishing Procedure; and
(c)
Provide to the utility materials to assist the utility in the preparation of
its testimony and exhibits. This material shall consist of an example of
testimony filed by a utility in another case, an example of testimony that
would support the Proposed Agency Action Order in this case, an example of an
exhibit filed in another case, and examples of prehearing statements and briefs
filed in other cases.
Rulemaking
Authority 350.127(2), 367.0814, 367.121 FS. Law Implemented 367.0814 FS.
History–New 12-8-80, Formerly 25-10.180, Amended 11-10-86, 8-26-91, 11-30-93,
1-31-00, 12-16-08, 8-10-14, ______________.
