State of Florida |
Public Service Commission Capital Circle Office Center ● 2540 Shumard
Oak Boulevard -M-E-M-O-R-A-N-D-U-M- |
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DATE: |
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TO: |
Office of Commission Clerk (Stauffer) |
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FROM: |
Division of Accounting and Finance (Sewards, Norris) Office of the General Counsel (Taylor) |
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RE: |
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AGENDA: |
12/06/16 – Regular Agenda – Interested Persons May Participate |
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COMMISSIONERS ASSIGNED: |
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PREHEARING OFFICER: |
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3/31/16 (Statutory Reestablishment Deadline) |
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SPECIAL INSTRUCTIONS: |
None |
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Since March 31, 1981, pursuant to the guidelines established by Section 367.081(4)(a), Florida Statutes (F.S.), and Rule 25-30.420, Florida Administrative Code (F.A.C.), the Commission has established a price index increase or decrease for major categories of operating costs on or before March 31 of each year. This process allows water and wastewater utilities to adjust rates based on current specific expenses without applying for a rate case.
Staff has calculated its proposed 2017 price index by comparing the Gross Domestic Product Implicit Price Deflator Index for the fiscal year ended September 30, 2015, to the same index, for the fiscal year ended September 30, 2016. This same procedure has been used each year since 1995 to calculate the price index. The U.S. Department of Commerce, Bureau of Economic Analysis, released its most recent third quarter figures on October 28, 2016.
During the same Commission Conference in Docket No. 160223-WS, the Commission will consider the proposed rule revision to Rule 25-30.425, F.A.C., to capture the expansion of eligible pass through costs permitted by the recent statutory change in Section 367.081(4)(b), F.S.
Since March 31, 1981, the Commission has received and processed approximately 3,554 index applications. The Commission has jurisdiction over this matter pursuant to Section 367.081, F.S.
Issue 1:
Which index should be used to determine price level adjustments?
Recommendation:
The Gross Domestic Product Implicit Price Deflator Index is recommended for use in calculating price level adjustments. Staff recommends calculating the 2017 price index by using a fiscal year, four quarter comparison of the Implicit Price Deflator Index ending with the third quarter of 2016. (Sewards)
Staff Analysis:
In 1993, the Gross Domestic Product Implicit Price Deflator Index (GDP) was established as the appropriate measure for determining the water and wastewater price index. At this same time, the convention of using a four quarter fiscal year comparison was also established and this practice has been used every year since then.[1] The GDP is prepared by the U.S. Department of Commerce. Prior to that time, the Gross National Product Implicit Price Deflator Index (GNP) was used as the indexing factor for water and wastewater utilities. The Department of Commerce switched its emphasis from the GNP to the GDP as the primary measure of U.S. production.
Pursuant to Section 367.081(4)(a), F.S., the Commission, by order, shall establish a price increase or decrease index for major categories of operating costs incurred by utilities subject to its jurisdiction reflecting the percentage of increase or decrease in such costs from the most recent 12-month historical data available. Since 1995, the price index was determined by using a four quarter comparison, ending September 30, of the Implicit Price Deflator Index in order to meet the statutory deadline. The current price index was determined by comparing the change in the GDP using the four quarter fiscal year comparison ending September 30. This method has been used consistently since 1995 to determine the price index.[2]
In Order No. PSC-15-0566-PAA-WS, issued December 15, 2015, in Docket No. 150005-WS, the Commission, in keeping with the practice started in 1993, reiterated the alternatives which could be used to calculate the indexing of utility revenues. Past concerns expressed by utilities, as summarized from utility input in previous hearings, are:
1) Inflation should be a major factor in determining the index;
2) Nationally published indices should be vital to this determination;
3) Major categories of expenses are labor, chemicals, sludge-hauling, materials and supplies, maintenance, transportation, and treatment expense;
4) An area wage survey, Dodge Building Cost Index, Consumer Price Index, and the GDP should be considered;
5) A broad measure index should be used; and
6) The index procedure should be easy to administer.
Based upon these concerns, the Commission has previously explored the following alternatives:
1) Survey of Regulated Water and Wastewater Utilities;
2) Consumer Price Index;
3)
4) Producer Price Index - previously the Wholesale Price Index; and
5) GDP (replacing the GNP).
Over the past years, the Commission found that the Survey of Regulated Water and Wastewater Utilities should be rejected because using the results of a survey would allow utilities to pass on to customers all cost increases, thereby reducing the incentives of promoting efficiency and productivity. The Commission has also found that the Consumer Price Index and the Florida Price Level Index should be rejected because of their limited degree of applicability to the water and wastewater industry. Both of these price indices are based upon comparing the advance in prices of a limited number of general goods and, therefore, appear to have limited application to water and wastewater utilities.
The Commission further found that the Producer Price Index (PPI) is a family of indices that measures the average change over time in selling prices received by domestic producers of goods and services. PPI measures price change from the perspective of the seller, not the purchaser, and therefore should be rejected. Because the bases for these indices have not changed, staff believes that the conclusions reached in Order No. PSC-15-0566-PAA-WS should continue to apply in this case. Since 1993, the Commission has found that the GDP has a greater degree of applicability to the water and wastewater industry. Therefore, staff recommends that the Commission continue to use the GDP to calculate water and wastewater price level adjustments.
The following information provides a historical perspective of the annual price index:
Table 1-1
Historical Analysis of the Annual Price Index for Water and Wastewater Utilities
Year |
Commission Approved Index |
Year |
Commission Approved Index |
2005 |
2.17% |
2011 |
1.18% |
2006 |
2.74% |
2012 |
2.41% |
2007 |
3.09% |
2013 |
1.63% |
2008 |
2.39% |
2014 |
1.41% |
2009 |
2.55% |
2015 |
1.57% |
2010 |
0.56% |
2016 |
1.29% |
The table below shows the historical participation in the Index and/or Pass-Through programs:
Table 1-2
Percentage of Jurisdictional Water and Wastewater Utilities Filing for Indexes and Pass-Throughs
Year |
Percentage |
Year |
Percentage |
2005 |
33% |
2011 |
43% |
2006 |
32% |
2012 |
30% |
2007 |
47% |
2013 |
41% |
2008 |
42% |
2014 |
39% |
2009 |
53% |
2015 |
49% |
2010 |
29% |
2016 |
38% |
Issue 2:
What rate should be used by water and wastewater utilities for the 2017 Price Index?
Recommendation:
The 2017 Price Index for water and wastewater utilities should be 1.51 percent. (Sewards)
Staff Analysis:
The U.S. Department of Commerce, Bureau of Economic Analysis, released the most recent third quarter 2015 figures on October 28, 2016. Consistent with the Commission’s establishment of the 2016 Price Index last year, staff is using the October 2016 release to recommend the 2017 Price Index. The reason for this is to allow time for a hearing if there is a protest, in order for the Commission to establish the 2017 Price Index by March 31, 2017, in accordance with Section 367.081(4)(a), F.S. The percentage change in the GDP using the fiscal year comparison ending with the third quarter is 1.51 percent. This number was calculated as follows.
GDP Index for the fiscal year ended 9/30/16 111.670
GDP Index for the fiscal year ended 9/30/15 110.007
Difference 1.66
Divided by 9/30/15 GDP Index 110.007
2017 Price Index 1.51%
Issue 3:
How should the utilities be informed of the indexing requirements?
Recommendation:
Pursuant to Rule 25-30.420(1), F.A.C., the Office of Commission Clerk, after the expiration of the Proposed Agency Action (PAA) protest period, should mail each regulated water and wastewater utility a copy of the PAA order establishing the index containing the information presented in Form PSC/ECR 15 (4/99) and Appendix A (Attachment 1). A cover letter from the Director of the Division of Accounting and Finance should be included with the mailing of the order (Attachment 2). The entire package will also be made available on the Commission’s website. (Sewards)
Staff Analysis:
Staff designed a package (Form PSC/ECR 15 (4/99) and Appendix A), attached hereto as Attachment 1, that details the requirements of the Commission’s Index and Pass-Through programs. This package has significantly reduced the number of questions regarding what the index and pass-through rate adjustments are, how to apply for an adjustment, and what needs to be filed to meet the filing requirements.
Staff recommends that the package presented in Form PSC/ECR 15 (4/99) and Appendix A (Attachment 1) be mailed to every regulated water and wastewater utility after the expiration of the PAA protest period, along with a copy of the PAA order that has become final. The entire package will also be made available on the Commission’s website.
In an effort to
increase the number of water and wastewater utilities taking advantage of the
annual price index and pass-through programs, staff is recommending that the
attached cover letter (Attachment 2) from the Director of the Division of
Accounting and Finance be included with the mailing of the PAA Order in order to
explain the purpose of the index and pass-through applications and to
communicate that Commission staff is available to assist them.
Issue 4:
Should this docket be closed?
Recommendation:
No. Upon expiration of the 14-day protest period, if a timely protest is not received, the decision should become final and effective upon the issuance of a Consummating Order. Any party filing a protest should be required to prefile testimony with the protest. However, this docket should remain open through the end of the year and be closed upon the establishment of the new docket on January 3, 2017. (Taylor, Sewards)
Staff Analysis:
Uniform Rule 25-22.029(1), F.A.C., contains an exception to the procedural requirements set forth in Uniform Rule 28-106.111, F.A.C., providing that “[t]he time for requesting a Section 120.569 or 120.57 hearing shall be 14 days from issuance of the notice for PAA orders establishing a price index pursuant to Section 367.081(4)(a), F.S.” Therefore, staff recommends that the Commission require any protest to the PAA Order in this docket be filed within 14 days of the issuance of the PAA Order, and that any party filing the protest should be required to prefile testimony with the protest. Upon expiration of the protest period, if a timely protest is not received, the decision should become final and effective upon the issuance of a Consummating Order. However, this docket should remain open through the end of the year and be closed upon the establishment of the new docket on January 3, 2017.
2017 PRICE INDEX APPLICATION
TEST YEAR ENDED DECEMBER 31, 2016
DEP PWS ID NO. _________________ WATER WASTEWATER
DEP WWTP ID NO. ________________
*2016 Operation and Maintenance Expenses $ $
LESS:
(a) Pass-through Items:
(1) Purchased Power
(2) Purchased Water
** (3) Purchased Wastewater Treatment
***(4) New DEP Required Water Testing
***(5) New DEP Required Wastewater Testing
(6) NPDES Fees
(b) Rate Case Expense Included in
2016 Expenses
(c) Adjustments to O & M Expenses from
last rate case, if applicable:
(1)
(2) ________ ________
Costs to be Indexed $ $
Multiply by change in GDP Implicit
Price Deflator Index .0151 .0151
Indexed Costs $ $
**** Add Change in Pass-Through Items:
(1)
(2)
Divide Index and Pass-Through Sum by
Expansion Factor for Regulatory
Assessment Fees .955 .955
Increase in Revenue $ $
***** Divide by 2016 Revenue __________ __________
Percentage Increase in Rates % %
========= =========
EXPLANATORY NOTES APPEAR ON THE FOLLOWING PAGE
PSC/ECR 15 (04/99
PAGE 1 NOTES
* This amount must match 2016 annual report.
** This may include government-mandated disposal fees.
*** Daily, weekly, or monthly testing required by the Department of Environmental Protection (DEP) not currently included in the utility's rates. Or additional tests required by the DEP during the 12-month period prior to filing by the utility and/or changes to the frequency of existing test(s) required by the DEP during the 12-month period prior to filing by the utility.
**** This may include an increase in purchased power, purchased water, purchased wastewater treatment, required DEP testing, and ad valorem taxes, providing that those increases have been incurred within the 12-month period prior to the submission of the pass-through application. Pass-through NPDES fees and increases in regulatory assessment fees are eligible as pass-through costs but not subject to the twelve month rule. DEP water and wastewater testing pass-throughs require invoices. See Rule 25-30.425, F.A.C. for more information.
***** If rates changed after January 1, 2016, the book revenues must be adjusted to show the changes and an explanation of the calculation should be attached to this form. See Annualized Revenue Worksheet for instructions and a sample format
ANNUALIZED REVENUE WORKSHEET
Have the rates charged for customer services changed since January 1, 2016?
( ) If no, the utility should use actual revenues. This form may be disregarded.
( ) If yes, the utility must annualize its revenues. Read the remainder of this form.
Annualizing calculates the revenues the utility would have earned based upon 2016 customer consumption at the most current rates in effect. To complete this calculation, the utility will need consumption data for 2016 to apply to the existing rate schedule. Below is a sample format which may be used.
CALCULATION
OF ANNUALIZED REVENUES*
Consumption
Data for 2016
Number of Current Annualized
Bill/Gal. Sold
X Rates
Revenues
Residential Service:
Bills:
5/8"x3/4" meters ............. .......
..........
1" meters ............. .......
..........
1 2" meters ............. .......
..........
2" meters ............. .......
..........
Gallons Sold ............. .......
..........
General Service:
Bills:
5/8"x3/4" meters .............. ....... ..........
1" meters .............. .......
..........
1 2" meters .............. .......
..........
2" meters .............. .......
..........
3" meters .............. .......
..........
4" meters .............. .......
..........
6" meters .............. .......
..........
Gallons Sold .............. ....... ..........
Total Annualized Revenues for 2016 $
* Annualized revenues must be calculated separately if the utility consists of both a water system and a wastewater system. This form is designed specifically for utilities using a base facility charge rate structure. If annualized revenues must be calculated and further assistance is needed, contact the Commission Staff at (850) 413-6900
Appendix A
PRICE INDEX ADJUSTMENTS IN RATES
Section 367.081(4)(a), (c), (d), (e), and (f)
Rule 25-30.420,
Sample Affirmation Affidavit
Notice to Customers
Sections 367.081(4)(a), (c), (d), (e), and (f),
(4)(a) On or before March 31
of each year, the commission by order shall establish a price increase or
decrease index for major categories of operating costs incurred by utilities
subject to its jurisdiction reflecting the percentage of increase or decrease
in such costs from the most recent 12-month historical data available. The
commission by rule shall establish the procedure to be used in determining such
indices and a procedure by which a utility, without further action by the
commission, or the commission on its own motion, may implement an increase or
decrease in its rates based upon the application of the indices to the amount
of the major categories of operating costs incurred by the utility during the
immediately preceding calendar year, except to the extent of any disallowances
or adjustments for those expenses of that utility in its most recent rate
proceeding before the commission. The rules shall provide that, upon a finding
of good cause, including inadequate service, the commission may order a utility
to refrain from implementing a rate increase hereunder unless implemented under
a bond or corporate undertaking in the same manner as interim rates may be
implemented under s. 367.082. A utility
may not use this procedure between the official filing date of the rate
proceeding and 1 year thereafter, unless the case is completed or terminated at
an earlier date. A utility may not use this procedure to increase any operating
cost for which an adjustment has been or could be made under paragraph (b), or
to increase its rates by application of a price index other than the most
recent price index authorized by the commission at the time of filing.
(c) Before implementing a
change in rates under this subsection, the utility shall file an affirmation
under oath as to the accuracy of the figures and calculations upon which the
change in rates is based, stating that the change will not cause the utility to
exceed the range of its last authorized rate of return on equity. Whoever makes
a false statement in the affirmation required hereunder, which statement he or
she does not believe to be true in regard to any material matter, is guilty of
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(d) If, within 15 months
after the filing of a utility's annual report required by s. 367.121, the commission finds that the utility
exceeded the range of its last authorized rate of return on equity after an
adjustment in rates as authorized by this subsection was implemented within the
year for which the report was filed or was implemented in the preceding year,
the commission may order the utility to refund, with interest, the difference
to the ratepayers and adjust rates accordingly. This provision shall not be
construed to require a bond or corporate undertaking not otherwise required.
(e) Notwithstanding anything
herein to the contrary, a utility may not adjust its rates under this
subsection more than two times in any 12-month period. For the purpose of this
paragraph, a combined application or simultaneously filed applications that
were filed under the provisions of paragraphs (a) and (b) shall be considered
one rate adjustment.
(f)
The commission may regularly, not less often than once each year, establish by
order a leverage formula or formulae that reasonably reflect the range of
returns on common equity for an average water or wastewater utility and which, for
purposes of this section, shall be used to calculate the last authorized rate
of return on equity for any utility which otherwise would have no established
rate of return on equity. In any other proceeding in which an authorized rate
of return on equity is to be established, a utility, in lieu of presenting
evidence on its rate of return on common equity, may move the commission to
adopt the range of rates of return on common equity that has been established
under this paragraph.
25-30.420 Establishment of Price Index,
Adjustment of Rates; Requirement of Bond; Filings After Adjustment; Notice to
Customers.
(1) The
Commission shall, on or before March 31 of each year, establish a price
increase or decrease index as required by section 367.081(4)(a), F.S. The Division of the Commission Clerk and
Administrative Services shall mail each regulated water and wastewater utility
a copy of the proposed agency action order establishing the index for the year
and a copy of the application. Form PSC/ECR 15 (04/99), entitled AIndex Application@, is incorporated into this rule by
reference and may be obtained from the Commission=s Division of Economic Regulation. Applications for the newly established price
index will be accepted from April 1 of the year the index is established
through March 31 of the following year.
(a) The
index shall be applied to all operation and maintenance expenses, except for
amortization of rate case expense, costs subject to pass-through adjustments
pursuant to section 367.081(4)(b), F.S., and adjustments or disallowances made
in a utility's most recent rate proceeding.
(b) In
establishing the price index, the Commission will consider cost statistics
compiled by government agencies or bodies, cost data supplied by utility
companies or other interested parties, and applicable wage and price
guidelines.
(2) Any utility seeking to increase or
decrease its rates based upon the application of the index established pursuant
to subsection (1) and as authorized by section 367.081(4)(a), F.S., shall file
an original and five copies of a notice of intention and the materials listed
in (a) through (i) below with the Commission's Division of Economic Regulation
at least 60 days prior to the effective date of the increase or decrease. The adjustment in rates shall take effect on
the date specified in the notice of intention unless the Commission finds that
the notice of intention or accompanying materials do not comply with the law,
or the rules or orders of the Commission. The notice shall be accompanied by:
(a) Revised
tariff sheets;
(b) A
computation schedule showing the increase or decrease in annual revenue that
will result when the index is applied;
(c) The
affirmation required by section 367.081(4)(c), F.S.;
(d) A
copy of the notice to customers required by subsection (6);
(e) The
rate of return on equity that the utility is affirming it will not exceed
pursuant to section 367.081(4)(c), F.S.;
(f) An
annualized revenue figure for the test year used in the index calculation
reflecting the rate change, along with an explanation of the calculation, if
there has been any change in the utility's rates during or subsequent to the
test year;
(g) The
utility's Department of Environmental Protection Public Water System identification
number and Wastewater Treatment Plant Operating Permit number.
(h) A
statement that the utility does not have any active written complaints,
corrective orders, consent orders, or outstanding citations with the Department
of Environmental Protection (DEP) or the County Health Department(s) or that
the utility does have active written complaints, corrective orders, consent
orders, or outstanding citations with the DEP or the County Health
Department(s).
(i) A
copy of any active written complaints, corrective orders, consent orders, or
outstanding citations with the Department of Environmental Protection (DEP) or
the County Health Department(s).
(3) If the Commission, upon its own motion,
implements an increase or decrease in the rates of a utility based upon the
application of the index established pursuant to subsection (1) and as
authorized by section 367.081(4)(a), F.S., the Commission will require a
utility to file the information required in subsection (2).
(4) Upon
a finding of good cause, the Commission may require that a rate increase
pursuant to section 367.081(4)(a), F.S., be implemented under a bond or
corporate undertaking in the same manner as interim rates. For purposes of this
subsection, "good cause" shall include:
(a) Inadequate
service by the utility;
(b) Inadequate
record-keeping by the utility such that the Commission is unable to determine
whether the utility is entitled to implement the rate increase or decrease
under this rule.
(5) Prior
to the time a customer begins consumption at the rates established by
application of the index, the utility shall notify each customer of the
increase or decrease authorized and explain the reasons therefore.
(6) No
utility shall file a notice of intention pursuant to this rule unless the
utility has on file with the Commission an annual report as required by Rule
25-30.110(3), F.A.C., for the test year specified in the order establishing the
index for the year.
(7) No
utility shall implement a rate increase pursuant to this rule within one year
of the official date that it filed a rate proceeding, unless the rate
proceeding has been completed or terminated.
Specific
Authority: 350.127(2), 367.081(4)(a), 367.121(1)(c), 367.121(1)(f), F.S. Law Implemented: 367.081(4), 367.121(1)(c),
367.121(1)(g), F.S. History: New
AFFIRMATION
I, ___________________________________, hereby affirm that
the figures and calculations upon which the change in rates is based are
accurate and that the change will not cause
_______________________________ to exceed
the range of its last
(Utility Name)
authorized rate of return on equity, which is
___________________.
I, the undersigned/officer of the above-named utility, have
read the foregoing and declare that, to the best of my knowledge and belief,
the information contained in this application is true and correct.
This affirmation is made pursuant to my request for a 2017
price index and/or pass-through rate increase, in conformance with Section
367.081(4)(c), Florida Statutes.
Further, I am aware that pursuant to Section 837.06,
Florida Statutes, whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his official duty
shall be guilty of a misdemeanor of the second degree.
Signature: ________________________
Title: ____________________________
Telephone Number:
________________
Fax Number: ______________________
Sworn to and subscribed before me this
_____________________ day of ____________________, 20__.
My Commission expires:
(SEAL)
_________________________
Notary Public
State
of Florida
STATEMENT OF QUALITY OF SERVICE
Pursuant to Rule 25-30.420(2)(h)
and (i),
(Utility Name)
[ ] does not have any active
written complaints, corrective orders, consent orders, or outstanding citations
with the Department of Environmental Protection (DEP) or the County Health
Departments.
[ ] does have the attached active
written complaint(s), corrective order(s), consent order(s), or outstanding
citation(s) with the DEP or the County Health Department(s). The attachment(s)
includes the specific system(s) involved with DEP permit number and the nature
of the active complaint, corrective order, consent order, or outstanding
citation.
This statement is intended such
that the Florida Public Service Commission can make a determination of quality
of service pursuant to Section 367.081(4)(a), Florida Statutes, and Rule
25-30.420(4)(a), Florida Administrative Code.
Name:
_____________________________
Title:
_____________________________
Telephone Number: __________________
Fax Number:
_______________________
Date: _____________________________
NOTICE TO CUSTOMERS
Pursuant to Section 367.081(4)(a), Florida Statutes, water
and wastewater utilities are permitted to adjust the rates and charges to its
customers without those customers bearing the additional expense of a public
hearing. These adjustments in rates would depend on increases or decreases in
noncontrollable expenses subject to inflationary pressures such as chemicals,
and other general operation and maintenance costs.
On ______________________,
__________________________________
(date) (name of
company)
filed its notice of intention with the Florida Public
Service Commission to increase water and wastewater rates in _____________ County
pursuant to this Statute. The filing is subject to review by the Commission
Staff for accuracy and completeness. Water rates will increase by approximately
______% and wastewater rates by ______%. These rates should be reflected for
service rendered on or after
_____________________.(date)
PASS-THROUGH RATE ADJUSTMENTS IN RATES
Section 367.081(4)(b),
Rule 25-30.425,
Waiver Form
Sample Affirmation Affidavit
Notice to Customers
Section 367.081(4)(b),
(b) The approved rates of any
utility shall be automatically increased or decreased without hearing, upon verified
notice to the commission 45 days prior to its implementation of the increase or
decrease that the utility’s costs for any specified expense item have changed.
1. The new rates authorized shall
reflect, on an amortized or annual basis, as appropriate, the cost of or the
amount of change in the cost of the specified expense item. The new rates,
however, shall not reflect the costs of any specified expense item already
included in a utility’s rates. Specified expense items that are eligible for
automatic increase or decrease of a utility’s rates include, but are not
limited to:
a. The rates charged by a
governmental authority or other water or wastewater utility regulated by the
commission which provides utility service to the utility.
b. The rates or fees that the
utility is charged for electric power.
c. The amount of ad valorem taxes
assessed against the utility’s used and useful property.
d. The fees charged by the
Department of Environmental Protection in connection with the National
Pollutant Discharge Elimination System Program.
e. The regulatory assessment fees
imposed upon the utility by the commission.
f. Costs incurred for water quality
or wastewater quality testing required by the Department of Environmental
Protection.
g. The fees charged for wastewater
biosolids disposal.
h. Costs incurred for any tank
inspection required by the Department of Environmental Protection or a local
governmental authority.
i. Treatment plant operator and
water distribution system operator license fees required by the Department of
Environmental Protection or a local governmental authority.
j. Water or wastewater operating
permit fees charged by the Department of Environmental Protection or a local
governmental authority.
k. Consumptive or water use permit
fees charged by a water management district.
2. A utility may not use this
procedure to increase its rates as a result of an increase in a specific
expense item which occurred more than 12 months before the filing by the
utility.
3. The commission may establish by
rule additional specific 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. If the commission establishes such a rule, the commission
shall review the rule at least once every 5 years and determine if each expense
item should continue to be cause for an automatic increase or decrease and
whether additional items should be included.
4. This subsection
does not prevent a utility from seeking a change in rates pursuant to
subsection (2).
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) Prior to an
adjustment in rates because of an increase or decrease in purchased utility
service, the utility shall file:
(a) A certified copy of
the order, ordinance or other evidence whereby the rates for utility service
are increased or decreased by the governmental agency or 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) 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)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) A statement setting
out by month the gallons of water or wastewater treatment purchased from any
other government entity or utility company.
(e) A statement setting
out by month the gallons of water pumped or wastewater treated by the utility
filing the verified notice.
(f) If the total water
available for sale is in excess of 110% of the water sold, a statement
explaining the unaccounted for water.
(2) Prior to an
adjustment in rates because of an increase or decrease in the charge for
electric power the utility shall file with the Commission:
(a) 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 charges for electric power and consumption for the most recent 12
month period, the 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.
(c) A statement outlining
the measures taken by the utility to conserve electricity.
(3) Prior to an
adjustment in rates because of an increase or decrease in ad valorem taxes the
utility shall file with the Commission:
(a) A copy of the ad
valorem tax bills which increased or decreased and copies of the previous three
years’ bills; if copies have been submitted previously, a schedule showing the
tax total only is acceptable; and
(b) A calculation of the
amount of the ad valorem taxes related to that portion of the water or
wastewater plant not used and useful in providing utility service.
(4) Prior to an
adjustment in rates because of an increase or decrease in the costs of water
quality or wastewater quality testing required by the Department of
Environmental Protection (DEP), or because of an increase or decrease in the
fees charged by DEP in connection with the National Pollutant Discharge
Elimination System Program, the utility shall file with the Commission:
(a) A copy of the invoice
for testing;
(b) Calculation of the
amortized amount.
(5) In addition to
subsections (1), (2), (3) and (4) above, the utility shall 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 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),
367.121(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
Exception
_______________________________________________ hereby
waives the right to implement a pass-through rate increase within 45 days of
filing, as provided by Section 367.081(4)(b), Florida Statutes, in order that
the pass-through and index rate increase may both be implemented together 60
days after the official filing date of this notice of intention.
Signature:
___________________________
Title:
_______________________________
(To be
used if an index and pass-through rate increase are requested jointly.)
AFFIRMATION
I, ___________________________________, hereby affirm that
the figures and calculations upon which the change in rates is based are
accurate and that the change will not cause
_______________________________ to exceed
the range of its last
(Utility
Name)
authorized rate of return on equity, which is
___________________.
I, the undersigned/officer of the above-named utility, have
read the foregoing and declare that, to the best of my knowledge and belief,
the information contained in this application is true and correct.
This affirmation is made pursuant to my request for a 2017
price index and/or pass-through rate increase, in conformance with Section
367.081(4)(c), Florida Statutes.
Further, I am aware that pursuant to Section 837.06,
Florida Statutes, whoever knowingly makes a false statement in writing with the
intent to mislead a public servant in the performance of his official duty
shall be guilty of a misdemeanor of the second degree.
Signature: ____________________
Title: ________________________
Telephone Number: ____________
Fax Number:
_________________
Sworn to and subscribed before me this
_____________________ day of ____________________, 20__.
My Commission expires:
(SEAL)
_________________________
Notary Public
State of Florida
NOTICE TO CUSTOMERS
Pursuant to Section 367.081(4)(b), Florida Statutes, water
and wastewater utilities are permitted to pass through, without a public
hearing, a change in rates resulting from: an increase or decrease in rates
charged for utility services received from a governmental agency or another
regulated utility and which services were redistributed by the utility to its
customers; an increase or decrease in
the rates that it is charged for electric power, the amount of ad valorem taxes
assessed against its used and useful property, the fees charged by the
Department of Environmental Protection in connection with the National
Pollutant Discharge Elimination System Program, or the regulatory assessment
fees imposed upon it by the Commission; costs incurred for water quality or wastewater
quality testing required by the Department of Environmental Protection; the
fees charged for wastewater biosolids disposal; costs incurred for any tank
inspection required by the Department of Environmental Protection or a local
governmental authority; treatment plant and water distribution system operator
license fees required by the Department of Environmental Protection or a local
governmental authority; water or wastewater operating permit fees charged by
the Department of Environmental Protection or a local governmental authority;
and consumptive or water use permit fees charged by a water management
district.
On ______________________, _______________________________
(date) (name of
company)
filed its notice of intention with the Florida Public
Service Commission to increase water and wastewater rates in
If you should have any questions, please contact your local
utility office. Be sure to have your account number handy for quick reference.
Julie
i. brown, Chairman Lisa
Polak Edgar Art
graham Ronald
A. Brisé Jimmy
Patronis |
State of |
Division
of Accounting
and Finance Andrew
L. Maurey Director (850) 413-6900 |
All
Regulated Water & Wastewater Utilities
Re: Docket No. 160005-WS - 2017 Price Index
Dear Utility Owner:
Since
Pursuant
to Rule 25-30.420(1)(a), F.A.C., all operation and maintenance expenses shall
be indexed with the exception of:
a) Pass-through
items pursuant to Section 367.081(4)(b), F.S.;
b) Any
amortization of rate case expense; and
c) Disallowances
or adjustments made in an applicant's most recent rate proceeding.
Upon the
filing of a request for an index and/or pass-through increase, staff will
review the application and modify existing rates accordingly. If for no other
reason than to keep up with escalating costs, utilities throughout Florida
should file for this rate relief on an annual basis. Utilities may apply for a
2017 Price Index anytime between April 1, 2017, through March 31, 2018. The
attached package will answer questions regarding what the index and
pass-through rate adjustments are, how to apply for an adjustment, and what
needs to be filed in order to meet the filing requirements. While this increase
for any given year may be minor, (see chart below), the long-run effect of
keeping current with rising costs can be substantial.
All
Florida Public Service Commission
Regulated Water & Wastewater Utilities
Page 2
Month Day, 2017
Year |
Annual Commission Approved Index |
Year |
Annual Commission Approved Index |
1992 |
3.63% |
2005 |
2.17% |
1993 |
3.33% |
2006 |
2.74% |
1994 |
2.56% |
2007 |
3.09% |
1995 |
1.95% |
2008 |
2.39% |
1996 |
2.49% |
2009 |
2.55% |
1997 |
2.13% |
2010 |
0.56% |
1998 |
2.10% |
2011 |
1.18% |
1999 |
1.21% |
2012 |
2.41% |
2000 |
1.36% |
2013 |
1.63% |
2001 |
2.50% |
2014 |
1.41% |
2002 |
2.33% |
2015 |
1.57% |
2003 |
1.31% |
2016 |
1.29% |
2004 |
1.60% |
2017 |
1.51% |
Please be
aware that pursuant to Section 837.06, F.S., whoever knowingly makes a false
statement in writing with the intent to mislead a public servant in the performance
of his or her official duty shall be guilty of a misdemeanor of the second
degree.
Our staff
is available at (850) 413-6900 should you need assistance with your filing. If
you have any questions, please do not hesitate to call.
Sincerely,
Andrew L. Maurey
Director
Enclosures
[1] Order
No. PSC-93-0195-FOF-WS, issued
[2] Order No. PSC-95-0202-FOF-WS, issued February 10, 1995, in Docket No. 950005-WS, In re: Annual reestablishment of price increase or decrease index of major categories of operating costs incurred by water and wastewater utilities pursuant to Section 367.081(4)(a), F.S.