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State of Florida
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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-
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DATE:
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October 24, 2019
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TO:
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Office of Commission Clerk (Teitzman)
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FROM:
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Office of the General Counsel (King)
Division of Accounting
and Finance (Bulecza-Banks, D. Buys, Cicchetti)
Division of Economics
(Coston, Guffey)
Division of Engineering
(P. Buys)
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RE:
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Docket No. 20190164-EI – Proposed amendment
of Rule 25-6.0141, F.A.C., Allowance for Funds Used During Construction; Rule
25-6.033, F.A.C., Tariffs; Rule 25-6.036, F.A.C., Inspection of Plant; and
Rule 25-6.037, F.A.C., Extent of System Which Utility Shall Operate and
Maintain.
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AGENDA:
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11/05/19 – Regular Agenda – Rule Proposal – Interested Persons May
Participate
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COMMISSIONERS ASSIGNED:
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All Commissioners
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PREHEARING OFFICER:
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Clark
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RULE STATUS:
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Proposal May Be Deferred
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SPECIAL INSTRUCTIONS:
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None
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Case Background
In
the summer of 2018, the Joint Administrative Procedures Committee (JAPC) conducted
a review of a number of the Commission’s existing rules in chapter 25-6 of the Florida
Administrative Code (F.A.C.). On August 17, 2018, JAPC sent the Commission a
letter outlining the results of that review. That letter is included as
Attachment C. Staff considered JAPC’s comments and initiated this rulemaking to
recommend amendments to Rules 25-6.0141, 25-6.033, 25-6.036, and 25-6.037, F.A.C.,
to address JAPC’s concerns regarding those rules.
The
notice of development of rulemaking appeared in the April 30, 2019 edition of
the Florida Administrative Register. The notice did not propose a rulemaking
workshop but allowed interested parties to request one. No one requested a
workshop, but the Commission received comments on the recommended changes from
Duke Energy Florida (DEF), Tampa Electric Company (TECO), and the Office of
Public Counsel (OPC).
The
Commission has jurisdiction pursuant to Sections 120.54 and 350.127(2), Florida
Statutes (F.S.).
Discussion
of Issues
Issue 1:
Should the Commission propose amendments to Rules
25-6.0141, 25-6.033, and 25-6.037, F.A.C., as well as the repeal of Rule
25-6.036, F.A.C.?
Recommendation:
Yes, the Commission should propose amendments to
Rules 25-6.0141, 25-6.033, and 25-6.037, F.A.C., as well as the repeal of Rule
25-6.036, F.A.C., as set forth in Attachment A. The Commission should certify
Rules 25-6.0141 and 25-6.033, F.A.C., as minor violation rules. (Bulecza-Banks,
D. Buys, P. Buys, Cicchetti, Coston, Guffey, King)
Staff Analysis:
Staff recommends several amendments to Rules
25-6.0141, 25-6.033, 25-6.036, and 25-6.037, F.A.C., most of which are intended
to either enhance the readability of those rules or address JAPC’s comments.
Staff is also recommending the repeal of Rule 25-6.036, F.A.C., and one amendment
to Rule 25-6.0141, F.A.C., that was suggested by DEF during the rule
development process.
JAPC Review of Commission Rules
JAPC has the authority and responsibility under Section
120.545(1), F.S., to examine agency rules to determine whether any rules
violate certain statutory standards. Among those is whether the rule is an
invalid exercise of delegated authority, which is defined in Section 120.52(8),
F.S., to include, among other things, any rule that is “vague” or “fails to
establish adequate standards for agency decisions.” JAPC is also tasked with determining
whether “[t]he rule could be made less complex or more easily comprehensible to
the general public.” § 120.545(1)(i), F.S. Pursuant to this authority,
JAPC reviewed several of the Commission’s rules in chapter 25-6 of the F.A.C.
JAPC’s comments served as the impetus for this rulemaking, and its comments are
discussed below.
The Plain Language Movement
In addition to addressing JAPC’s comments, staff is also
recommending certain amendments that are designed to enhance the readability of
these rules. The Commission’s Style Guide advocates for “the adoption of a more
readable writing style.” This includes techniques like “[u]sing clear language
that is commonly used by the intended audience,” presenting the reader with
“[o]nly the information needed,” and constructing “[s]hort sentences . . . in
the active voice that make it clear who is responsible for what.” The Style
Guide also speaks positively of the “Plain Language Movement” that made its way
through state and federal government institutions in the early 2000’s. The Federal Plain Language Guidelines urges agencies
to stop using the word “shall” in their rules because the word is both “outdated”
and “imprecise.” See also Gutierrez de
Martinez v. Lamagno, 515 U.S. 417, 432 n.9 (1995) (“Though ‘shall’
generally means ‘must,’ legal writers sometimes use, or misuse, ‘shall’ to mean
‘should,’ ‘will,’ or even ‘may.’”). In other words, one rarely encounters “shall”
in everyday speech, and using it in administrative rules can lead to
ambiguities. Several of staff’s recommended changes to the rules at issue here are
meant to enhance readability by employing more commonly used grammar and syntax,
including substituting “must,” “will,” or “may” for “shall” as the context
requires.
Rule 25-6.0141 Allowance for Funds Used During
Construction
In its August 17, 2018 letter, JAPC pointed out that
subsection (9) of Rule 25-6.0141, F.A.C., which consists of two date triggers
controlling the effective date of the rule, is no longer necessary because both
of those date triggers passed two decades ago. Staff recommends that subsection
(9) be removed from the rule. Removing superfluous language makes the rule less
complex and more easily comprehensible to the general public. See § 120.545(1)(i), F.S. Likewise,
it satisfies the Style Guide’s direction to enhance readability by presenting
the reader with only necessary information.
To further enhance readability, staff recommends formatting
changes to create consistent references to specific accounts from the federal Uniform
System of Accounts. See 18 C.F.R. pt.
101. In Rule 25-6.0141, F.A.C., some of these account titles are separated from
the account number using an en dash, while others are separated by a comma.
Staff is recommending consistent use of the comma, which mirrors the formatting
used in the Uniform System of Accounts. E.g.,
18 C.F.R. pt. 101. As discussed above, staff also recommends replacing “shall”
with “must” or “will” as appropriate.
Lastly, in its comments, DEF
suggests changing the threshold for listing projects individually in a
utility’s Forecasted Surveillance Report contained in subsection (8).
DEF would like to change the threshold from a static $10,000,000 to 0.5 percent
of the utility’s combined balances in Account 101, Electric Plant in Service,
and Account 106, Completed Construction not Classified. This change would raise
the threshold for DEF from $10,000,000 to $91,000,000. This new threshold would
of course have different effects on different utilities based on the balances
each utility carries in accounts 101 and 106.
TECO supports DEF’s suggestion, and OPC does not object.
All three note that this change would establish an internal consistency within
Rule 25-6.0141, F.A.C., because this same percentage threshold is used in
subsection (1) to determine whether a project is eligible for AFUDC. Staff
agrees and recommends the Commission propose DEF’s suggested amendment in order
to promote internal consistency within the rule.
Rule 25-6.033 Tariffs
Staff is recommending several changes to Rule 25-6.033,
F.A.C. Specifically, it is recommending deleting subsections (3) and (5). It is
also recommending rewording several of the remaining subsections to enhance the
readability of the rule. Finally, staff is recommending changes to subsection
(2) that will direct readers to the requirements of chapter 25-9 of the F.A.C.,
which contains specific requirements for tariff filings.
JAPC points out that subsection (3) refers to a 1961 Commission
order that has not been properly incorporated by reference. Material
incorporated into a rule by reference must be specifically identified, and the
rule must state how an affected person can obtain a copy of the referenced
material. Rule 1-1.013(2)(a), (c), F.A.C.; see,
e.g., Rule 25-6.0345, F.A.C. (properly incorporating the National
Electrical Safety Code by reference). The reference in this rule fails both of
these requirements. The incorporated order is identified solely by its title—the
reference lacks the order number and the issue date—and there is no language
providing guidance on how one might obtain the fifty-eight-year-old order.
More importantly, staff recommends deleting subsection (3)
because it is redundant of the requirements in chapter 25-9. Subsection (3)
directs utilities to conform their tariff filings to the requirements contained
in the 1961 order; however, chapter 25-9, which was adopted six years after
Rule 25-6.033, F.A.C., was last amended, contains specific requirements for
tariff filings. Because chapter 25-9 contains specific requirements for a
utility’s tariff filings, the more general requirements of the 1961 order are
without effect. In sum, because subsection (3) of the rule does not properly
incorporate the order by reference and the reference to the order is no longer
needed, staff recommends removing subsection (3) entirely.
Staff also recommends removing subsection (5). Subsection
(5) requires each utility to keep a copy of its rate schedules and rules and
regulations on file at its offices, and it requires that utilities make these
documents available for public inspection. OPC expresses concern about whether
customers will have a right to access a utility’s tariffs if this rule is
repealed. However, Rule 25-9.003, F.A.C., requires utilities to keep copies of
their tariffs and make them available to customers. OPC further asks why, “in
today’s electronic world,” utilities are not required to post their tariffs on
the Commission’s website. However, every investor-owned utility currently posts
its tariff on its website. The Commission also maintains links to those
websites on its own website. Staff believes that the requirements of Rule
25-9.003, F.A.C., sufficiently protect customers’ interests, and there is no
need to amend Rule 25-9.003, F.A.C., to require an action that utilities are
currently undertaking freely.
Rule 25-6.036 Inspection of Plant
Staff recommends deleting the second sentence in Rule
25-6.036, F.A.C., and moving the remaining two sentences to Rule 25-6.037,
F.A.C., effectively repealing this rule.
JAPC asks how the Commission defines the term “accepted
good practice” in relation to a utility’s required plant and equipment
inspection program and points out that Section 120.52(8)(d), F.S., declares any
rule that is “vague” or “fails to establish adequate standards for agency
decisions” to be an “invalid exercise of delegated legislative authority.”
Staff agrees with JAPC that “accepted good practice” is
vague and fails to establish an adequate standard for the Commission to
enforce. For this reason, staff recommends removing this sentence of the rule.
The remainder of the rule—the first and third sentences—which would move to
Rule 25-6.037, F.A.C., would still require each utility to adopt a program for
inspecting its facilities and keep records establishing compliance with that
program. An inspection program properly designed to “determine the necessity
for replacement and repair” will necessarily require inspections at intervals
that accord with “the utility’s experience and accepted good practice.”
Rule 25-6.037 Extent of System Which Utility
Shall Operate and Maintain
Staff recommends removing vague language requiring
utilities to maintain their “facilities and equipment used in connection with
the production, transmission, distribution, regulation, and delivery of
electricity” in a “safe, efficient, and proper condition.” Staff also
recommends splitting this rule into two subsections to accommodate the
remaining portion of Rule 25-6.036, F.A.C. Subsection (1) will be the amended
language of the current rule, and subsection (2) will be the amended language
of Rule 25-6.036, F.A.C. This amendment makes changes to the title of the rule
necessary. Lastly, staff is recommending a few substitutions of “must” for
“shall” to enhance readability.
Like its comments on Rule 25-6.036, F.A.C., JAPC pointed
out that the term “safe, efficient, and proper condition” was vague and may
violate Section 120.52(8)(d), F.S. Staff agrees and recommends clarifying the
standard in Rule 25-6.037, F.A.C., by referencing several other rules from
chapter 25-6 that contain more specific safety requirements. Rules 25-6.034 and
25-6.0345, F.A.C., mandate that utilities “maintain and operate” their
facilities in accordance with the 2017 edition of the National Electric Safety
Code. Rule 25-6.0341, F.A.C., sets standards to ensure “safe and efficient
access” to a utility’s distribution facilities “for installation and
maintenance.” Finally, Rule 25-6.040, F.A.C., proscribes grounding requirements
to ensure distribution circuits are reasonably safe to person and property.
Minor Violation Rules Certification
Pursuant to Section 120.695, F.S., the Commission must
certify whether any of its rules should be designated as a rule the violation
of which would be a minor violation. Under Section 120.695(2)(b), F.S., a
violation of a rule is minor if it does not result in economic or physical harm
to a person or adversely affect the public health, safety, or welfare or create
a significant threat of such harm. Currently, Rules 25-6.0141, 25-6.033, and
25-6.036, F.A.C., are minor violation rules. None of staff’s recommended
amendments change the fact that a violation of these rules will not result in
economic or physical harm to a person or adversely affect the public health,
safety, or welfare or create a significant threat of such harm. On the other
hand, Rule 25-6.037, F.A.C., is not a minor violation rule. A utility’s duty to
inspect and maintain its plant and other assets is integral to it producing
and/or distributing electricity in a safe and reliable manner. A violation of
this rule could create a significant threat of economic or physical harm to a
person or could adversely affect the public health, safety, or welfare. Staff’s
recommended amendments to that rule do not change this; therefore, Rule
25-6.037, F.A.C, should not be certified as a minor violation rule.
Statement of Estimated Regulatory Costs
Pursuant to Section
120.54(3)(b)1., F.S., agencies are encouraged to prepare a statement of
estimated regulatory costs (SERC) before the adoption, amendment, or repeal of
any rule. A SERC was prepared for this
rulemaking and is appended as Attachment B. As required by Section
120.541(2)(a)1., F.S., the SERC analysis includes whether the rule amendments
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 implementation. Staff notes that none of
the impact/cost criteria will be exceeded as a result of the recommended
revisions.
The SERC
concludes that the amendments and repeal are not likely to directly or indirectly
increase regulatory costs in excess of $200,000 within 1 year after
implementation. Further, the SERC concludes that the amendment repeal will not
likely increase regulatory costs, including any transactional costs, or have an
adverse impact on business competitiveness, productivity, or innovation in
excess of $1 million in the aggregate within five years of implementation. Thus
the amendments and repeal do not require legislative ratification, pursuant to
Section 120.541(3), F.S.
In addition, the SERC states that the amendments and
repeal would have no impact on small businesses, would have no implementation
or enforcement cost on the Commission or any other state and local government
entity and would have no impact on small cities or small counties. The SERC states that no additional
transactional costs are likely to be incurred by individuals and entities
required to comply with the requirements.
Conclusion
Staff recommends that the Commission should propose
staff’s recommended repeal of Rule 25-6.036, F.A.C., as well as its recommended
amendments to Rules 25-6.0141, 25-6.033, and 25-6.037, F.A.C.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing or comments are
filed, the rules should be filed with the Department of State, and the docket
should be closed. (King)
Staff Analysis:
If no requests for hearing or comments are filed,
the rules may be filed with the Department of State and the docket closed.
25-6.0141 Allowance for Funds Used During
Construction.
(1)
Construction work in progress (CWIP) or nuclear fuel in process (NFIP) not
under a lease agreement that is not included in rate base may accrue allowance
for funds used during construction (AFUDC), under the following conditions:
(a)
Eligible projects. The following projects may be included in CWIP or NFIP and
accrue AFUDC:
1.
Projects that involve gross additions to plant in excess of 0.5 percent of the
sum of the total balance in Account 101, – Electric Plant in
Service, and Account 106, Completed Construction not Classified, at the time
the project commences and
a.
Are expected to be completed in excess of one year after commencement of
construction, or
b.
Were originally expected to be completed in one year or less and are suspended
for six months or more, or are not ready for service after one year.
(b)
Ineligible projects. The following projects may be included in CWIP or NFIP,
but may not accrue AFUDC:
1.
Projects, or portions thereof, that do not exceed the level of CWIP or NFIP
included in rate base in the utility’s last rate case.
2.
Projects where gross additions to plant are less than 0.5 percent of the sum of
the total balance in Account 101, – Electric Plant in Service,
and Account 106, – Completed Construction not Classified, at the
time the project commences.
3.
Projects expected to be completed in less than one year after commencement of
construction.
4.
Property that has been classified as Property Held for Future Use.
(c)
Unless otherwise authorized by the Commission, the following projects may not
be included in CWIP or NFIP, nor accrue AFUDC:
1.
Projects that are reimbursable by another party.
2.
Projects that have been cancelled.
3.
Purchases of assets which are ready for service when acquired.
4.
Portions of projects providing service during the construction period.
(d)
Other conditions. Accrual of AFUDC is subject to the following conditions:
1.
Accrual of AFUDC is not to be reversed when a project originally expected to be
completed in excess of one year is completed in one year or less;
2.
AFUDC may not be accrued retroactively if a project expected to be completed in
one year or less is subsequently suspended for six months, or is not ready for
service after one year;
3.
When a project is completed and ready for service, it shall be immediately
transferred to the appropriate plant account(s) or Account 106, Completed
Construction Not Classified, and may no longer accrue AFUDC;
4.
Where a work order covers the construction of more than one property unit, the
AFUDC accrual must shall cease on the costs related to each unit
when that unit reaches an in-service status;
5.
When the construction activities for an ongoing project are expected to be
suspended for a period exceeding six (6) months, the utility must
shall notify the Commission of the suspension and the reason(s) for the
suspension, and must shall submit a proposed accounting treatment
for the suspended project; and
6.
When the construction activities for a suspended project are resumed, the
previously accumulated costs of the project may not accrue AFUDC if such costs
have been included in rate base for ratemaking purposes. However, the accrual
of AFUDC may be resumed when the previously accumulated costs are no longer
included in rate base for ratemaking purposes.
(e)
Subaccounts. Account 107, Construction Work in Progress, and Account 120.1,
Nuclear Fuel in Process of Refinement, Conversion, Enrichment and Fabrication, shall
must be subdivided so as to segregate the cost of construction projects
that are eligible for AFUDC from the cost of construction projects that are
ineligible for AFUDC.
(f)
Prior to the commencement of construction on a project, a utility may file a
petition to seek approval to include an individual project in rate base that
would otherwise qualify for AFUDC treatment per paragraph (1)(a).
(g)
On a prospective basis, the Commission, upon its own motion, may determine that
the potential impact on rates may require the exclusion of an amount of CWIP
from a utility’s rate base that does not qualify for AFUDC treatment per paragraph
(1)(a) and to allow the utility to accrue AFUDC on that excluded amount.
(2)
The applicable AFUDC rate will shall be determined as follows:
(a)
The most recent 13-month average embedded cost of capital, except as noted
below, must shall be derived using all sources of capital and
adjusted using adjustments consistent with those used by the Commission in the
utility’s last rate case.
(b)
The cost rates for the components in the capital structure will shall
be the midpoint of the last allowed return on common equity, the most recent 13-month
average cost of short term debt and customer deposits, and a zero cost
rate for deferred taxes and all investment tax credits. The cost of long term
debt and preferred stock will shall be based on end of period
cost. The annual percentage rate must shall be calculated to two
decimal places.
(3)
Discounted monthly AFUDC rate. A discounted monthly AFUDC rate, calculated to
six decimal places, must shall be employed to insure that the
annual AFUDC charged does not exceed authorized levels.
(a)
The formula used to discount the annual AFUDC rate to reflect monthly
compounding is as follows:
M
= [(1 + A/100)1/12 – 1] x 100
Where:
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M
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=
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discounted monthly AFUDC rate
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A
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=
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annual AFUDC rate
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(b)
The monthly AFUDC rate, carried out to six decimal places, must shall
be applied to the average monthly balance of eligible CWIP and NFIP that is not
included in rate base.
(4)
The following schedules must shall be filed with each petition
for a change in AFUDC rate:
(a)
Schedule A. A schedule showing the capital structure, cost rates and weighted
average cost of capital that are the basis for the AFUDC rate in subsection
(2).
(b)
Schedule B. A schedule showing capital structure adjustments including the
unadjusted capital structure, reconciling adjustments and adjusted capital
structure that are the basis for the AFUDC rate in subsection (2).
(c)
Schedule C. A schedule showing the calculation of the monthly AFUDC rate using
the methodology set out in this rule.
(5)
No utility may charge or change its AFUDC rate without prior Commission
approval. The new AFUDC rate will shall be effective the month
following the end of the 12-month period used to establish that rate and may
not be retroactively applied to a previous fiscal year unless authorized by the
Commission.
(6)
Each utility charging AFUDC must shall include in its December
Earnings Surveillance Reports to the Commission Schedules A and B identified in
subsection (4) of this rule, as well as disclosure of the AFUDC rate it is
currently charging.
(7)
The Commission may, on its own motion, initiate a proceeding to revise a
utility’s AFUDC rate.
(8)
Each utility must shall include in its Forecasted Surveillance
Report a schedule of individual projects that commence during that forecasted
period and are estimated to have equal or exceed a gross cost in
excess of 0.5 percent of the sum of the total balance in Account 101, Electric
Plant in Service, and Account 106, Completed Construction not Classified of
$10,000,000. The schedule must shall include the following
minimum information:
(a)
Description of the project.
(b)
Estimated total cost of the project.
(c)
Estimated construction commencement date.
(d)
Estimated in-service date.
(9)
The provisions of this rule are effective January 1, 1996 and shall be
implemented by all electric utilities no later than January 1, 1999, or the
utility’s next rate proceeding, whichever occurs first.
Rulemaking
Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.04(2)(a), (f)
366.06(1), (2), 366.08 FS. History–New 8-11-86, Formerly 25-6.141, Amended
11-13-86, 12-7-87, 1-7-97,_____________.
25-6.033 Tariffs.
(1)
A each utility may adopt such additional non-discriminatory
rules and regulations governing its relations with customers in addition to
those required by Commission rules. as are necessary and which are not
inconsistent with these rules or orders of the Commission. But any sSuch
rules or and regulations must be consistent with
Commission rules and must be filed with shall constitute an integral
part of the utility’s tariffs and shall be filed with them.
(2)
Each utility shall file with the
Commission tariffs containing schedules for all rates and charges and copies of
all rules and regulations governing the relation of customer and utility.
(a)
Each utility shall include in its tariffs without limiting them to the
following provisions:
(2)
All tariff filings must conform to Chapter 25-9, Florida Administrative Code,
and must include the following provisions:
(a)1.
Definitions of classes of customers classes.
(b)2.
Rules with which prospective customers must comply with as a
condition of receiving service, and the terms of any required contracts required.
(c)3.
Rules for establishing governing the establishment of credit by
customers for payment of service bills.
(d)4.
Rules governing deposits and interest on deposits.
(e)5.
Rules governing the procedure for followed in disconnecting and
reconnecting service.
(f)6.
Rules governing a customer’s request to discontinue service. Notice
by customer required for having service discontinued.
(g)7.
Rules governing temporary, emergency, auxiliary or stand-by service.
(h)8.
Rules covering billing periods.
(i)9.
Rules covering a customer’s construction requirements.
(j)10.
Rules covering a special type of construction commonly requested by customers that
which the utility allows to be connected and terms upon which such
construction will be permitted. This applies, for example, to a case where
a customer desires underground service in overhead territory.
(k)11.
Rules covering any such portion of service which the
utility furnished, owns, and maintains.
(l)12.
Rules covering inspection of customer-owned facilities by proper authorities
before service is rendered.
(3)
All tariff filings shall be in the manner and form as prescribed by the
Commission under separate Order entitled “Rules and Regulations Governing the
Construction and Filing of Tariffs by Public Utilities.”
(3)
(4) No rules and regulations, or schedules of rates or charges, or
modification or revisions of the same, will shall be effective
until filed with and approved by the Commission as provided by Law.
(5)
A copy of the rules contained herein, as promulgated and adopted by the
Commission, also a copy of the rate schedules and rules and regulations of
the utility as filed with the
Commission, shall be kept on file in the local commercial offices of the
utility for inspection by its customers. A customer shall, upon request, be
furnished a copy of the rate schedule applicable to his service.
Rulemaking
Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.05(1),
366.06 FS. History–New 7-29-69, Formerly
25-6.33, Amended ___________
25-6.036 Inspection of Plant.
Each utility shall adopt a program of
inspection of its electric plant in order to determine the necessity for
replacement and repair. The frequency of the various inspection shall be based
on the utility’s experience and accepted good practice. Each utility shall keep
sufficient records to give evidence of compliance with its inspection program.
Rulemaking
Authority 366.05(1) FS. Law
Implemented 366.04(2)(c), (5),
366.05(1), 366.055, 366.08 FS. History–New 7-29-69, Formerly 25-6.36,
Repealed ___________.
25-6.037 Extent of Facilities and
Equipment That a System Which Utility Must Shall Inspect,
Operate, and Maintain.
(1)
Each utility must, unless specifically relieved in any case by the
Commission from such obligations, shall operate and maintain in safe,
efficient, and proper condition, pursuant to Rules 25-6.034, 25-6.0341,
25-6.0345, and 25-6.040, F.A.C. the standards referenced herein, all
of the facilities and equipment used in connection with the production,
transmission, distribution, regulation, and delivery of electricity to any
customer up to the point of delivery. The utility is also responsible for the safe,
efficient measurement of electrical consumption consistent with test
procedures and accuracies prescribed by the Commission.
(2)
Each utility must adopt a program governing the inspection of its electric
facilities and equipment in order to determine the necessity for replacement
and repair. Each utility must keep records to establish compliance with its
inspection program.
Rulemaking Authority 350.127(2),
366.04(6), 366.05(1) FS. Law Implemented 366.03, 366.04(1), (2)(c), (f),
(5), (6), 366.05(1), (3) FS. History–New 7-29-69, Amended 4-13-80,
________, Formerly 25-6.37.
