|
State of Florida
|
Public Service Commission
Capital Circle Office Center ● 2540 Shumard
Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
|
|
DATE:
|
September 30, 2021
|
|
TO:
|
Office of Commission Clerk (Teitzman)
|
|
FROM:
|
Office of the General Counsel (Cowdery)
Division of Accounting
and Finance (T. Brown, Bulecza-Banks)
Division of Economics
(Hudson, Sibley, Guffey)
|
|
RE:
|
Docket No. 20210122-WS – Proposed amendment
of Rules 25-30.025, 25-30.4345, 25-30.445, 25-30.446, 25-30.455, 25-30.456,
and 25-30.565, F.A.C., related to water and wastewater utilities.
|
|
AGENDA:
|
10/12/21 – Regular Agenda – Rule Proposal – Interested Persons May
Participate
|
|
COMMISSIONERS ASSIGNED:
|
All Commissioners
|
|
PREHEARING OFFICER:
|
La Rosa
|
|
RULE STATUS:
|
Proposal May Be Deferred
|
|
SPECIAL INSTRUCTIONS:
|
None
|
|
|
|
|
Case Background
This rulemaking
was initiated to update water and wastewater utility rules related to applications
for service availability charges, allowance for funds prudently invested,
limited proceedings, and staff assistance in rate cases and in alternative rate
setting. The draft amendments are
intended to make these rules consistent with rule amendments recently adopted
by the Commission in other electric, gas, water and wastewater rules that decrease the number of paper copies
that utilities are required to file or distribute for public inspection;
require utilities to notify customers that applications may be accessed on the
Commission’s website; change the responsibility for determining the official
date of filing to the Director of the office of primary responsibility; and
clarify application filing requirements.
This
recommendation addresses whether the Commission should propose the amendment
of:
·
Rule 25-30.025, Florida Administrative Code (F.A.C.),
Official Date of Filing;
·
Rule 25-30.4345, F.A.C., Notice of Requests for
New or Revised Service Availability Charges or Policies and Notice of Requests
for Allowance for Funds Prudently Invested (AFPI) Charges;
·
Rule 25-30.445, F.A.C., General Information and
Instructions Required of Water and Wastewater Utilities in an Application for a
Limited Proceeding;
·
Rule 25-30.446, F.A.C., Notice of and Public
Information for Application for Limited Proceeding Rate Increase;
·
Rule 25-30.455, F.A.C., Staff Assistance in Rate
Cases;
·
Rule 25-30.456, F.A.C., Staff Assistance in
Alternative Rate Setting; and
·
Rule 25-30.565, F.A.C., Application for Approval
of New or Revised Service Availability Policy or Charges.
The Notice of
Rule Development for these rules appeared in the April 7, 2021 edition of the
Florida Administrative Register, Vol. 47, No. 67. No workshop was requested and
none was held. The Commission has jurisdiction pursuant to Sections 120.54,
350.127(2), 367.081, 367.0812, 367.0814, 367.0822, 367.083, 367.091, 367.121,
and 367.145(2), Florida Statutes (F.S.).
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rules
25-30.025, 25-30.4345, 25-30.445, 25-30.446, 25-30.455, 25-30.456, and
25-30.565, F.A.C.?
Recommendation:
Yes, the Commission should propose the amendment of
Rules 25-30.025, 25-30.4345, 25-30.445, 25-30.446, 25-30.455, 25-30.456, and
25-30.565, F.A.C., as set forth in Attachment A. The Commission should also certify Rules
25-30.025, 25-30.4345, 25-30.445, 25-30.446, 25-30.455, 25-30.456, and
25-30.565, F.A.C., as minor violation rules.
(Cowdery, Hudson, Sibley, Guffey, T. Brown, Bulecza-Banks)
Staff Analysis:
All the draft amended rules
have been revised with non-substantive changes to improve clarity. Staff’s
recommendations on substantive revisions to these rules are discussed below.
Rule 25-30.025,
F.A.C., Official Date of Filing
Rule 25-30.025(1), F.A.C., gives
the Deputy Executive Director, Technical, the responsibility for determining
the official date of filing, that is, the date on which the utility has filed
completed sets of the Minimum Filing Requirements (MFRs) and the filing fee. Existing
subsection (2) states that the Deputy Executive Director, Technical, shall
determine the official date of filing for any utility’s application and for
advising the applicant.
In Docket 20200193-PU, the
Commission amended the gas, electric, water and wastewater rules for rate
increase petitions to
change the person responsible for determining whether the MFRs have been met
from the Deputy Executive Director, Technical, to the Director of the division
that is assigned as the office of primary responsibility (OPR) for the filing.
The reason for the change was that it is administratively efficient for the OPR
to have these responsibilities since it will be analyzing the application for
completeness. For this same reason, staff recommends amending Rule 25-30.025,
to make the Director of the OPR division the person who determines the official
date of filing and advises the applicant for all applications filed under
Chapter 25-30, F.A.C.
Rule 25-30.4345, F.A.C., Notice of Requests for New or Revised Service
Availability Charges or Policies and Notice of Requests for Allowance for Funds
Prudently Invested (AFPI) Charges
Rule 25-30.4345(2), F.A.C.,
requires utilities to place a copy of applications for service availability
charges or policies or an application for AFPI charges at their official
headquarters and at any business offices in the service areas included in the
request. The rule requires that if there are no business offices in the service
area, a copy must be placed at the main county library, local community center,
or other appropriate location within or most convenient to the service area
which is willing to accept and provide public access. The rule also states that
the Commission may require that copies of the application be placed at other
specified locations.
In Docket 20200193-PU, the
Commission amended Rules 25-22.0406 and 25-22.0407, F.A.C., to
delete the requirements to place paper copies of the rate applications at the
utility’s official headquarters, business offices in the service area, and main
county library or other appropriate location convenient to the service area. The reason for the amendments was to eliminate
the costs of producing the copies that have historically been passed on to
customers in their rates. Further, staff
had found that public buildings, such as libraries and community centers, have
indicated that they have limited space and prefer not to have the rate case
filings in their facilities. The
Commission amended Rule 25-22.0407(3)(b) to replace the requirements to place
paper copies at physical locations with the requirement that the water or
wastewater utility rate case synopsis and customer notice include a statement
that the MFRs can be accessed on the Commission’s website.
For the same reasons that the
Commission amended Rules 25-22.0406 and 25-22.0407, staff recommends that Rule
25-30.4345(2) be amended to delete the requirements to place application copies
at physical locations and, instead, require that the notice of application
include a statement that the utility’s application can be accessed on the
Commission’s website.
Rule 25-30.445, F.A.C., General Information and Instructions Required
of Water and Wastewater Utilities in an Application for a Limited Proceeding.
Paragraph (2)(c) of this rule requires
that an original and seven copies of an application for a limited proceeding be
filed with the Commission Clerk. Staff recommends that the number of copies
required be reduced to three copies. Electronic filing is optional under the
Commission Clerk’s e-filing guidelines, but the number of paper copies required
by the rule must still be filed with the Commission Clerk. Prudent and
reasonable copying costs resulting from these rule requirements have
historically been included in rate case expense and recovered in rates. Staff
believes that because the rate case documents are accessible on-line through
the Commission’s website, the number of paper copies required by rule may be
reduced. The proposed change could also marginally reduce rate case expense
while still providing the number of hard copies needed by staff for analyzing a
limited proceeding rate case.
Subsection (6) of the rule states
that in evaluating whether the utility’s request is improper for a limited
proceeding, the Commission will consider factors such as whether the filing
includes more than four separate projects for which recovery is sought, whether
the requested rate increase exceeds 30 percent, whether the utility has not had
a rate case in more than seven years, and whether the limited proceeding is
filed as result of the complete elimination of either the water or wastewater treatment
process. In Docket 20200044-WS, the Commission amended Rule 25-30.457, Limited
Alternative Rate Increase, which, like Rule 25-30.445 included a list of
factors to be considered by the Commission that were phrased in terms of
“whether the petitioner” had taken certain action. This phrasing was replaced
with a listing of specific information that must be included in the application
in order to clarify the specific criteria that are required for a utility to
qualify for a limited alternative rate increase under Rule 25-30.457.
Similarly,
staff is recommending that subsection (6) of Rule 25-30.445 be amended to
change the phrasing in order to clarify the specific factors that will
disqualify a utility from using the limited proceeding process. Currently,
limited proceeding cases will not be accepted if a water and/or wastewater
utility requests more than four projects. Staff is recommending increasing the
maximum number of projects requested in a limited proceeding to six. Staff
believes that expanding the number of projects to six will continue to allow
the efficient processing of limited proceeding cases and may serve to reduce
the number of staff assisted rate cases, which require significant Commission
staff time. Moreover, staff does not believe that this change will result in
utilities inappropriately using limited proceedings to avoid rate cases. Under
paragraphs (6)(b) and (c) of the draft rule, a limited proceeding is not
available to a utility if the requested rate increase exceeds 30 percent or if
it has not had a rate case in the last seven years.
Water and wastewater utilities
that are in need of repair, upgrade, or refurbishment may be required to engage
in multiple projects to meet quality standards. Providing water and wastewater
utilities a more expeditious process to obtain necessary rate relief can serve
to minimize rate case expense and improve service to customers. Staff notes
that allowing the use of a limited proceeding for requests of six or fewer
projects only provides for the requestor to use the limited proceeding process;
the Commission will determine whether any of the projects should be approved
for cost recovery.
Rule 25-30.446, F.A.C., Notice of and Public Information for
Application for Limited Proceeding Rate Increase.
Rule 25-30.446(2), F.A.C.,
currently requires a utility to mail a copy of its petition for limited
proceeding rate increase to governing bodies, with a statement that the MFRs
when accepted by the Commission may be obtained from the petitioner upon
request. In Docket 20200193-PU, the
Commission amended Rules 25-22.0406 and 25-22.0407, F.A.C., to
delete this requirement. Rule
25-22.0407, relating to noticing for water and wastewater general rate cases, was
amended to require the utility to notify the appropriate government officer
that the utility has petitioned for a rate case; to clearly identify the Commission-assigned
docket number; and to state that a copy of the petition and MFRs can be
accessed on the Commission’s website. The reason for these amendments was to
save costs incurred in rate cases by eliminating the cost of copying documents
and providing them to various physical locations.
Consistent with the amendments to
Rule 25-22.0407 and for the same reasons, staff recommends that Section (2) of
Rule 25-30.446 be amended to delete the requirement for providing paper copies
to the municipal and county governing bodies, and, instead, require that the
notification to the government clearly identify the Commission-assigned docket
number and state that a copy of the petition and MFRs can be accessed on the
Commission’s website.
Subsection (3) of Rule 25-30.446 requires
physical copies of the petition and MFRs for a limited proceeding rate increase
to be placed at the utility’s official headquarters, its business offices in
the service area, or at the main county library, local community center, or
other appropriate location. As explained above, consistent with the
Commission’s recent rule amendments decreasing the number of paper copies of
applications required to be distributed, staff recommends that the requirement
for placing paper copies at the locations identified in subsection (3) be
deleted and replaced with a requirement in subsection (4) that the initial
customer notice must include a statement that the MFRs and application can be
accessed on the Commission’s website.
The effect of these recommended
amendments is to save costs incurred in rate cases by eliminating the cost of
copying documents and providing them to various physical locations. Instead,
utilities would be required to provide clear information that these documents are
available for review on the Commission’s website.
Rule 25-30.455, F.A.C., Staff Assistance in Rate Cases.
Subsection (7) of Rule 25-30.455, F.A.C., provides that in determining whether to grant or deny the
application for a staff assisted rate case, the Commission will consider
certain criteria, including whether the applicant has filed annual reports,
paid applicable regulatory assessment fees, or has at least one year of
experience in utility operation. As
explained above concerning Rule 25-30.445, for applications for limited
proceedings, and consistent with the Commission’s recent amendments to Rule
25-30.457, Limited Alternative Rate Increase, staff recommends that the
subsection (7) list of criteria to be considered by the Commission be deleted
and replaced in subsection (1) with specific criteria that must be met in order
to qualify for a staff assisted rate case.
In this regard, consistent with
the amendments made to Rule 25-30.457 and the recommended amendments in this
docket to Rule 25-30.445, staff recommends that certain of the subsection (7)
criteria currently considered by the Commission in determining whether to grant
or deny an application for staff assistance in a rate case, should not be
required as part of an application for a staff assisted rate case. Specifically,
a utility should not be required to have organized its books and records
consistent with Rule 25-30.110, F.A.C., or have had a rate case increase within
the 2-year period prior to the Commission’s receipt of the application. Staff
does not believe that these criteria are relevant in deciding whether a small
utility should be granted a rate increase under the Rule 25-30.455. Because the
rule as amended will set forth all information that is required to be filed in
an application for limited proceeding, it is not necessary for a utility to
file “additional relevant information” and this provision does not need to be
retained.
Rule 25-30.456, F.A.C., Staff Assistance in Alternative Rate Setting
Rule 25-30.456, F.A.C., provides
an alternative to a staff assisted rate case as described in Rule 25-30.455 for
water and wastewater utilities whose total gross annual operating revenues are
$300,000 or less for water service or for wastewater service, or $600,000 or
less on a combined basis. The essential
difference between this rule and Rule 25-30.455 is that this rule limits the
maximum increase in operating revenues to 50 percent of test year operating
revenues and the Commission votes on a Proposed Agency Action recommendation
establishing rates no later than 90 days from the official filing date.
Subsection (7) of Rule 25-30.456 contains
the same list of criteria the Commission will consider in determining whether
to grant or deny the application as found in Rule 25-30.455. For the same reasons as described above for
Rule 25-30.455, staff recommends that subsection (7) of Rule 25-30.456 be
deleted and replaced in subsection (1) with specific criteria that are
necessary for a utility to be eligible for staff assistance in alternative rate
setting. As with Rule 25-30.455, there are certain criteria currently listed in
subsection (7) of Rule 25-30.456 that staff does not believe should be required
for a utility to qualify for staff assistance in an alternative rate setting.
These criteria are: whether the applicant’s books and records are organized
consistent with Rule 25-30.110; whether the applicant has filed additional
relevant information in support of eligibility; and whether the utility was
granted a rate case increase within the 2-year period prior to the receipt of
the application under review. As stated with regard to Rule 25-30.455, staff
does not believe these provisions are relevant to whether a utility qualifies
for staff assistance in alternative rate setting.
Rule 25-30.565, F.A.C., Application for Approval of New or Revised
Service Availability Policy or Charges.
Subsection (1) of Rule 25-30.565,
F.A.C., requires each application for a service availability policy or charges
to be filed in original and six copies. Staff recommends that an original and
one copy be required. This recommended
amendment lowers costs to utilities by reducing filing and copying costs, while
at the same time providing the number of hard copies staff has determined is
needed for analyzing service availability charges.
Subsection (5) of Rule 25-30.565 duplicates
the requirement found in current Rule 25-30.4345 that the utility must place
copies of its application at its local office in the service area affected by
the application. Staff recommends that subsection (5) be deleted for the same reasons
as this same requirement is being recommended to be deleted in Rule 25-30.4345,
as explained above. Subsection (2) of Rule 25-30.565 requires the utility to
provide notice of its application pursuant to Rule 25-30.4345. Under the
recommended amendment to Rule 25-30.4345(2)(d), utilities would be required to
include a statement in the notice of application that the utility’s application
can be accessed on the Commission’s website.
Paragraph (3)(w) of Rule
25-30.565 requires utilities to file an original and three copies of the
proposed tariff sheet. Staff recommends,
consistent with the other filing requirements, that an original and one copy be
required, which lowers costs to utilities by reducing filing and copying costs,
while at the same time providing the number of hard copies staff has determined
is needed for analyzing service availability charges.
Minor Violation
Rules Certification
Pursuant to Section 120.695, F.S., the agency head must
certify for each rule filed for adoption whether any part of the rule is
designated as a rule the violation of which would be a minor violation. Rules
25-30.025, 25-30.4345, 25-30.445, 25-30.446, 25-30.455, 25-30.456, and
25-30.565 are currently listed on the Commission’s website as rules for which a
violation would be minor because violation of the rules would not result in
economic or physical harm to a person or have an adverse effect on the public
health, safety, or welfare or create a significant threat of such harm. The
amendments to the rules would not change their status as minor violation rules
Thus, staff recommends that the Commission certify Rules 25-30.025, 25-30.4345,
25-30.445, 25-30.446, 25-30.455, 25-30.456, and 25-30.565 as minor violation
rules.
Statement of
Estimated Regulatory Costs
Pursuant to Section 120.54(3)(b), 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 concludes that the rules 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 economic analysis concludes that the rules 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 rules do not require legislative
ratification pursuant to Section 120.541(3), F.S. In addition, the SERC states
that the rules will not have an adverse impact on small business and will have
no impact on small cities or counties. The SERC concludes that there will be no
transactional costs likely to be incurred by individuals and entities required
to comply with the requirements of the rules. 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 amendments to Rules 25-30.025, 25-30.4345, 25-30.445,
25-3.446, 25-30.455, 25-30.456, and 25-30.565.
Conclusion
Based on the foregoing, staff recommends the Commission
propose the amendment of Rules 25-30.025, 25-30.4345, 25-30.445, 25-30.446,
25-30.455, 25-30.456, and 25-30.565, F.A.C., as set forth in Attachment A.
Staff also recommends that the Commission certify Rules 25-30.025, 25-30.4345,
25-30.445, 25-30.446, 25-30.455, 25-30.456, and 25-30.565, F.A.C., as minor
violation rules.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing, information
regarding the SERC, proposals for a lower cost regulatory alternative, or JAPC
comments are filed, the rules should be filed with the Department of State, and
the docket should be closed. (Cowdery)
Staff Analysis:
If no requests for hearing, information regarding
the SERC, proposals for a lower cost regulatory alternative, or JAPC comments
are filed, the rules may be filed with the Department of State and the docket
should be closed.
25-30.025 Official Date of Filing.
(1)
The “official date of filing” is the date on which the Director of the
division that has been assigned the primary responsibility for the filing Deputy
Executive Director, Technical determines the utility has filed completed
sets of the minimum filing requirements (MFRs), including testimony that may be
required by subsection 25-30.436(2), F.A.C., and payment of the appropriate
filing fee to the Office of the Commission Clerk.
(2)
The Director of the division that has been assigned the primary responsibility
for the filing will Deputy Executive Director, Technical shall
determine the official date of filing for any utility’s application and advise
the applicant. The Commission will shall resolve any dispute
regarding the official date of filing.
Rulemaking
Authority 350.127(2), 367.121(1)
FS. Law Implemented 367.083 FS. History–New 3-26-81, Formerly 25-10.12,
25-10.012, Amended 11-10-86, 11-30-93.
25-30.4345 Notice of Applications Requests
for New or Revised Service Availability Charges or Policies and Notice of Applications
Requests for Allowance for Funds Prudently Invested (AFPI) Charges.
(1)
This rule applies to all applications requests for new or revised
service availability charges or policies and to all applications requests
for allowance for funds prudently invested (AFPI) charges made by water and
wastewater utilities, including those requests made in conjunction with an
application a request for a general rate increase.
(2)
Upon filing an application for new or revised service availability charges or
policies or an application for AFPI charges, the utility shall place a copy of
the application at its official headquarters and at any business offices it has
in the service areas included in the request. Such copies shall be available
for public inspection during the utility’s regular business hours. If
the utility does not have a business office in a service area included in the
request, the utility shall place a copy of the application at the main county
library, the local community center or other appropriate location which is
within or most convenient to the service area and which is willing to accept
and provide public access to said copies. The Commission may require that copies
of the application be placed at other specified locations.
(2)(3)(a)
Upon filing an application for new or revised service availability charges or
policies or an application for AFPI charges, the utility must publish shall
have published a notice of application in a newspaper of general
circulation in the service areas included in the application petition.
(b)
Upon filing an application for new or revised service availability charges or
policies or an application for AFPI charges, the utility must shall
mail or hand deliver a notice of application to all persons in the service
areas included in the application who have filed a written request for service
or who have been provided a written estimate for service within the 12 calendar
months prior to the month the application is filed.
(c)
The Commission may require such other notice as it finds reasonably necessary.
(d)
The notice of application must petition shall include the
following:
1.
The date the notice was issued;
2.
A statement that the utility has filed an application a petition
for new or revised service availability charges or policies or AFPI charges
with the Commission;
3.
A statement that the requested service availability charge or AFPI charge is to
pay for growth in the utility system and the requested charges are to be paid
by new, not existing customers;
4.
A statement that the utility’s application can be accessed on the
Commission’s website of the locations where copies of the application
are available for public inspection and the times during which inspection may
be made;
5.
A comparison of the present and proposed policy and charges;
6.
The utility’s address, telephone number and business hours; and
7.
A statement that any comments concerning the policy or charges should be addressed
to the Director of the Office of Commission Clerk at 2540 Shumard Oak
Boulevard, Tallahassee, Florida 32399-0870.
Rulemaking
Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.091, 367.101,
367.111, 367.091 FS. History–New 5-27-93, Formerly 25-22.0408,____________.
25-30.445 General Information and
Instructions Required of Water and Wastewater Utilities in an Application for a
Limited Proceeding.
(1)
Each applicant for a limited proceeding must shall provide the
following general information to the Commission:
(a)
The name of the applicant as it appears on the applicant’s certificate and the
address of the applicant’s principal place of business.
(b)
The type of business organization under which the applicant’s operations are
conducted; if the applicant is a corporation, the date of incorporation; the
names and addresses of all persons who own 5 percent or more of the applicant’s
stock; or the names and addresses of the owners of the business.
(c)
The number(s) of the Commission order(s), if any, in which the Commission most
recently considered the applicant’s rates for the system(s) involved.
(d)
The address within the service area where the application is available for
customer inspection during the time the rate application is pending.
(e)
A statement signed by an officer of the utility that the utility will comply
with the noticing requirements in Rule 25-30.446, F.A.C.
(2)
In a limited proceeding application:
(a)
Each schedule must shall be cross-referenced to identify related
schedules.
(b)
Except for handwritten official company records, all data in the petition and
application must shall be typed.
(c)
The original and three seven copies must shall be
filed with the Office of Commission Clerk. The
copies must be clearly labeled “COPY.” If the application is
e-filed, the utility must provide the required number of paper copies, clearly
labeled “COPY,” to the Office of Commission Clerk within seven calendar days
after electronic filing,
(3)
A filing fee as required in Rule 25-30.020, F.A.C., must shall be
submitted at the time of application.
(4)
The following minimum filing requirements must shall be filed
with the utility’s application for limited proceeding for a Class A or B water
or wastewater utility:
(a)
A detailed statement of the reason(s) why the limited proceeding has been
requested.
(b)
If the limited proceeding is being requested to recover costs required by a
governmental or regulatory agency, provide the following:
1.
A copy of any rule, regulation, order or other regulatory directive that has
required or will require the applicant to make the improvement or the
investment for which the applicant seeks recovery.
2.
An estimate by a professional engineer, or other person, knowledgeable in
design and construction of water and wastewater plants, to establish the
projected cost of the applicant's investment and the period of time required
for completion of construction.
(c)
A schedule that provides the specific rate base components for which the
utility seeks recovery. Supporting detail must shall be provided
for each item requested, including:
1.
The actual or projected cost(s),
2.
The date the item will be or is projected to be placed in service,
3.
Any corresponding adjustments that are required as a result of adding or
removing the requested component(s) from rate base, which may include
retirement entries; and,
4.
Any other relevant supporting information.
(d)
If the utility’s application includes a request for recovery of plant in
service, accumulated depreciation and depreciation expense, supporting detail must
shall be provided by primary account as defined by the NARUC Uniform
System of Accounts, in accordance with Rule 25-30.110, F.A.C.
(e)
A calculation of the weighted average cost of capital must shall
be provided for the most recent 12-month period, using the mid-point of the
range of the last authorized rate of return on equity, the current embedded
cost of fixed-rate capital, the actual cost of short-term debt, the actual cost
of variable-cost debt, and the actual cost of other sources of capital which
were used in the last individual rate proceeding of the utility. If the utility
does not have an authorized rate of return on equity, the utility must shall
use the current leverage formula pursuant to Section 367.081(4)(f), F.S.
(f)
If the utility is requesting recovery of operating expenses, the following
information must shall be provided:
1.
A detailed description of the expense(s) requested,
2.
The total cost by primary account pursuant to the NARUC Uniform System of
Accounts,
3.
Supporting documentation or calculations; and,
4.
Any allocations that are made between systems, affiliates or related parties.
If allocations are made, submit full detail that shows the total amount
allocated, a description of the basis of the allocation methodology, the
allocation percentage applied to each allocated cost, and the workpapers
supporting the calculation of the allocation percentages.
(g)
Calculations for all items that will create cost savings or revenue impacts
from the implementation of the requested cost recovery items.
(h)
If the utility includes any other items where calculations are required,
supporting documentation must shall be filed that reflects the
calculations or assumptions made.
(i)
A calculation of the revenue increase including regulatory assessment fees and
income taxes, if appropriate.
(j)
Annualized revenues for the most recent 12-month period using the rates in
effect at the time the utility files its application for limited proceeding and
a schedule reflecting this calculation by customer class and meter size.
(k)
A schedule of current and proposed rates for all classes of customers.
(l)
Schedules for the most recent 12-month period showing that, without any
increased rates, the utility will earn below its authorized rate of return in
accordance with Section 367.082, F.S. The schedules must shall
consist of a rate base, net operating income and cost of capital schedule with
adjustments to reflect those consistent with the utility’s last rate
proceeding.
(m)
If the limited proceeding is being requested to change the current rate
structure, provide a copy of all workpapers and calculations used to calculate
requested rates and allocations between each customer class. The test year must
shall be the most recent 12-month period. In addition, the following
schedules, which are incorporated herein by reference, from Form PSC
1028 (12/20) PSC/AFD 19-W (11/93),
entitled “Class A Water and/or Wastewater Utilities Financial, Rate and
Engineering Minimum Filing Requirements,” which is incorporated by reference
in Rule 25-30.437, F.A.C., must shall
be provided:. The schedules can be obtained from the Commission’s
Division of Accounting and Finance.
1.
Schedule E-2, entitled “Revenue Schedule at Present and Proposed Rates.,”
is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-08251.
2.
Schedule E-14, entitled “Billing Analysis Schedules.,” is
available at http://www.flrules.org/Gateway/reference.asp?No=Ref-08252.
Only an original and one copy is two copies are required.
(n)
Revised tariff sheets should not be filed with the application.
(o)
A water utility’s application for limited proceeding must shall
also include:
1.
A copy of all customer complaints that the utility has received regarding DEP
secondary water quality standards during the past five years; and,
2.
A copy of the utility’s most recent secondary water quality standards test
results.
(5)
In addition to the requirements stated in subsections (1) through (3), the
following minimum filing requirements must shall be filed with
the utility’s application for limited proceeding for a Class C water or
wastewater utility:
(a)
A detailed statement of the reason(s) why the limited proceeding has been
requested.
(b)
If the limited proceeding is being requested to recover costs required by a
governmental or regulatory agency, provide a copy of any rule, regulation,
order or other regulatory directive that has required or will require the
applicant to make the improvement or the investment for which the applicant
seeks recovery.
(c)
A schedule that provides the specific rate base components for which the
utility seeks recovery, if known. Supporting detail must shall be
provided for each item requested, including:
1.
The actual or projected cost(s),
2.
The date the item will be or is projected to be placed in service,
3.
Any corresponding adjustments, if known, that are required as a result of
adding or removing the requested component(s) from rate base, which may include
retirement entries; and,
4.
Any other relevant supporting information, if known.
(d)
If the utility is requesting recovery of operating expenses, provide an
itemized description of the expense(s), including the cost and any available
supporting documentation or calculations.
(e)
Provide a description of any known items that will create cost savings or
revenue impacts from the implementation of the requested cost recovery items.
(f)
A calculation of the revenue increase including regulatory assessment fees and
income taxes, if applicable.
(g)
Annualized revenues for the most recent 12-month period using the rates in effect
at the time the utility files its application for limited proceeding and a
schedule reflecting this calculation by customer class and meter size.
(h)
A Class C water utility’s application for limited proceeding must shall
also include:
1.
A copy of all customer complaints that the utility has received regarding DEP
secondary water quality standards during the past five years; and,
2.
A copy of the utility’s most recent secondary water quality standards test
results.
(6)
A limited proceeding will not be allowed if: In evaluating whether the utility’s request is
improper for a limited proceeding, the Commission will consider factors such
as:
(a)
Whether Tthe utility’s filing includes more than six
4 separate projects for which recovery is sought
and the requested rate increase exceeds 30 percent. Corresponding
adjustments for a given project are not subject to the above limitation;
(b)
The requested rate increase exceeds 30 percent;
(c)(b)
Whether Tthe utility has not had a rate case within
in more than seven years of the date the petition for limited
proceeding is filed with the Commission; and the requested rate increase
exceeds 30 percent, or
(d)(c)
Whether Tthe limited proceeding is filed as the result of
the complete elimination of either the water or wastewater treatment process and
the requested rate increase exceeds 30 percent.
(7)
The utility must shall provide a statement in its filing to the
Commission that which addresses whether the utility’s rate base
has declined or whether any expense recovery sought by the utility is offset by
customer growth since its most recent rate proceeding or will be offset by
future customer growth expected to occur within one year of the date new rates
are implemented.
Rulemaking
Authority 350.127(2), 367.121(1)(a) FS. Law Implemented 367.081, 367.0812,
367.0822, 367.121(1)(a), 367.145(2) FS. History–New 3-1-04, Amended 5-30-17,___________.
25-30.446 Notice of and Public Information
for Application for Limited Proceeding Rate Increase.
(1)
This rule applies to all applications requests for limited
proceeding rate increases made by a water or wastewater utility.
(2)
Upon filing an application a petition for limited proceeding rate
increase, the utility must notify shall mail a copy of the petition
to the chief executive officer of the governing body of each municipality
and county within the service areas included in the rate request that the
utility has applied for a limited proceeding rate increase. The
notification must clearly identify the Commission-assigned docket number and
include Each copy of the petition shall be accompanied by a
statement that a copy of the application and Mminimum Ffiling
Rrequirements (MFRs) set forth in Rule 25-30.445, F.A.C., when
accepted by the Commission can be accessed on the Commission’s website
obtained from the petitioner upon request.
(3)
Within 30 days after the official date of the filing established by the
Commission, the utility shall place a copy of the petition and the MFRs at its
official headquarters and at all business offices it has in the service areas
included in the rate request. Such copies shall be available for public
inspection during the utility’s regular business hours. If the utility does not
have a business office in a service area included in its rate request, the
utility shall place a copy of the petition and the MFRs at the main county
library, the local community center or other appropriate location which is
within or most convenient to the service area and which is willing to accept
and provide public access to the copies. If the Commission determines that
these locations will not provide adequate access, the Commission will require
that copies of the petition and MFRs be placed at other specified locations.
(3)(4)
Upon filing an application a petition and MFRs for a limited
proceeding, the utility must shall publish a notice of
application in a newspaper of general circulation in the service areas included
in the application petition.
(4)(5)(a)
Within 50 days after the official date of filing established by the Commission,
the utility must shall provide, in writing, an initial customer
notice to all customers within the service areas included in the rate request
and to all persons in the same service areas who have filed a written request
for service or who have been provided a written estimate for service within the
12 calendar months prior to the month the petition is filed.
(b)
The initial customer notice must be approved by Commission staff prior to
distribution and must shall include the following:
1.
The date the notice is to be issued;
2.
A statement that the utility has filed a rate request with the Commission and a
statement of the general reasons for the request;
3.
A statement that of the locations where copies of the MFRs and application
petition are available on the Commission’s website for public
inspection and the hours and days when inspection may be made;
4.
A comparison of current rates and charges and the proposed new rates and
charges;
5.
The utility’s address, telephone number, and business hours;
6.
A statement that written comments regarding utility service or the proposed
rates and charges should be addressed to the Office of Commission Clerk, 2540
Shumard Oak Boulevard, Tallahassee, Florida 32399-0870, and that such comments
should identify the docket number assigned to the proceeding;
7.
A statement that complaints regarding service may be made to the Commission’s
Office of Consumer Assistance and Outreach at the following toll-free number:
1(800) 342-3552; and
8.
The docket number assigned by the Commission’s Office of Commission Clerk.
(c)
The initial customer notice must shall be mailed to the
out-of-town address of all customers who have provided the utility with an
out-of-town address.
(5)(6)
No less than 14 days and no more than 30 days prior to the date of a customer
meeting conducted by the Commission staff, the utility must shall
provide written notice of the date, time, location, and purpose of the customer
meeting to all customers within the service areas designated by the Commission
staff. The notice must be approved by Commission staff prior to distribution.
The notice must shall be mailed to the out-of-town address of all
customers who have provided the utility with an out-of-town address.
(6)(7)
If a proposed agency action order issued in the case is protested and any
hearings are subsequently held, the utility must give notice in accordance
with subsection (5) of this rule shall give notice no less than
14 days and no more than 30 days prior to the date of each hearing held in or
near a utility service area included in the rate request. The utility must
shall also publish have published in a newspaper of
general circulation in the area in which such hearing is to be held a display
advertisement stating the date, time, location, and purpose of the hearing. The
notice must be approved by Commission staff prior to publication.
(7)(8)
After the Commission issues an order granting or denying a rate change, the
utility must shall notify its customers of the order and any
revised rates. The customer notification must be first approved by Commission
staff and must shall be distributed no later than with the first
bill containing any revised rates.
Rulemaking
Authority 350.127(2), 367.121(1)(a) FS. Law Implemented 367.0822, 367.121(1)(a)
FS. History–New 3-1-04,___________.
25-30.455 Staff Assistance in Rate Cases.
(1)
Water and wastewater utilities whose total gross annual operating revenues are
$300,000 or less for water service or $300,000 or less for wastewater service,
or $600,000 or less on a combined basis, may file with the Office of
Commission Clerk an application petition the Commission for staff
assistance in rate applications by submitting a completed staff assisted rate
case application. Reasonable and prudent rate case expense is shall
be eligible for recovery through the rates developed by staff. Recovery of
attorney fees and outside consultant fees related to the rate case is shall
be determined based on the requirements set forth in Ssection
367.0814(3), F.S. To be eligible for staff assistance under this rule:
(a) The applicant or utility owner must have at
least one year of experience operating the utility for which the rate increase
is being requested;
(b)
The utility must be in compliance with its annual report filing in
accordance with subsection 25-30.110(3), F.A.C.; and
(c) The utility must have paid all required
regulatory assessment fees or must be current on any approved regulatory
assessment fee payment plan.
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 is also available on the Commission’s website, www.floridapsc.com. 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)(a)
Within 30 days of receipt of the completed application, the Commission will
evaluate the application and determine the applicant’s eligibility for staff assistance.
(b)(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 staff will notify the applicant of the date on which the
application may be resubmitted.
(c)(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 staff
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 date of Commission staff’s written notification to the utility that the
utility is eligible for staff assistance under this rule will be considered the
date of official acceptance of the application by the Commission. The
official date of filing is will be 30 days after the official
acceptance of the application by the Commission staff. 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.
(7)(8)
The Commission will deny the application is deemed denied 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.
(8)(9)
An aggrieved applicant may request reconsideration of the application
denial within 15 days of receipt of notification that the application is
denied. The request, which
will be decided by the full Commission.
(9)(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 Rrule
28-106.111, F.A.C.
(10)(11)
A petition to protest the Commission’s proposed agency action must shall
conform to Rrule 28-106.201, F.A.C.
(11)(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 must shall:
(a)
Provide prefiled direct testimony in accordance with the Order Establishing
Procedure issued in the case. At a minimum, that testimony must 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.
(12)(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.
(13)(14)
In the event of a protest of the Commission’s Proposed Agency Action Order in a
staff assisted rate case, the Commission staff will 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 will 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 will 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, 2-19-17, 7-1-18,___________.
25-30.456 Staff Assistance in Alternative Rate Setting.
(1)
As an alternative to a staff assisted rate case as described in Rrule
25-30.455, F.A.C., water and wastewater utilities whose total gross annual
operating revenues are $300,000 or less for water service or $300,000 or less
for wastewater service, or $600,000 or less on a combined basis, may file
with the Office of Commission Clerk an application petition the
Commission for staff assistance in alternative rate setting by submitting a
completed staff assisted application for alternative rate setting. To be
eligible for staff assistance under this rule:
(a) The applicant or utility owner must have at
least one year of experience operating the utility for which the rate increase
is being requested;
(b) The utility must be in compliance with its
annual report filing in accordance with subsection 25-30.110(3), F.A.C.; and
(c) The utility must have paid all required
regulatory assessment fees or must be current on any approved regulatory
assessment fee payment plan.
(2)
The appropriate application form, Commission Form PSC/AFD 25 (11/93)
(Rev. 06/14), entitled “Application for Staff Assistance for Alternative Rate
Setting,” is incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04414.
The form is also available on the Commission’s website, www.floridapsc.com. 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 must shall file it
with the Office of Commission Clerk, Florida Public Service Commission, 2540
Shumard Oak Boulevard, Tallahassee, Florida 32399-0870.
(4)(a)
Within 30 days of receipt of the completed application, the Commission will
evaluate the application and determine the applicant’s eligibility for staff
assistance.
(b)(a)
If the Commission has received four or more alternative rate setting
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 staff will notify the
applicant of the date on which the application may be resubmitted.
(c)(b)
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 staff
will notify the applicant in writing as to whether the application is
officially accepted or denied. If the application is accepted, staff assistance
in alternative rate setting 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 date of Commission staff’s written notification to the utility that the utility
is eligible for staff assistance under this rule will be considered the date of
official acceptance of the application by the Commission. The official date
of filing is will be 30 days after the date of official
acceptance of the application. 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.
(7)(8)
The Commission will deny the application is deemed denied 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.
(8)(9)
An aggrieved applicant may request reconsideration of the application
denial within 15 days of receipt of notification that the application is
denied. The request which will be decided by the full Commission.
(9)(10)
The Commission will, for the purposes of determining the amount of rate
increase, if any, compare the operation and maintenance expenses (O & M) of
the utility to test year operating revenues. The Commission will consider an
allowance for return on working capital using the one-eighth of O & M
formula approach.
(10)(11)
The Commission will limit the maximum increase in operating revenues to 50
percent of test year operating revenues.
(11)(12)
The Commission will vote on a proposed agency action recommendation
establishing rates no later than 90 days from the official filing date as
established in subsection (6) of this rule.
(12)(13)
A substantially affected person may file a petition to protest the Commission’s
Proposed Agency Action Order regarding a staff assisted alternative rate
setting application within 21 days of issuance of the Notice of Proposed Agency
Action Order as set forth in Rrule 28-106.111, F.A.C.
(13)(14)
A petition to protest the Commission’s proposed agency action must shall
conform to Rrule 28-106.201, F.A.C.
(14)(15)
In the event of protest of the Proposed Agency Action Order by a substantially
affected person, the rates established in the Proposed Agency Action Order may
be implemented on a temporary basis, subject to refund with interest in
accordance with Rrule 25-30.360, F.A.C. At that time, the utility
may elect to pursue rates set pursuant to the rate base determination
provisions of Rrule 25-30.455, F.A.C.
(15)(16)
In the event of a protest, the maximum increase established in subsection (10)(11)
of this rule shall no longer applies apply.
(16)(17)
In the event of a protest of the Commission’s Proposed Agency Action Order in a
staff assisted alternative rate setting application, the utility must shall:
(a)
Provide prefiled direct testimony in accordance with the Order Establishing
Procedure issued in the case. At a minimum, that testimony must 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 engineering and accounting analysis 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.
(17)(18)
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 alternative rate setting
application and closure of the docket.
(18)(19)
In the event of protest of the Commission’s Proposed Agency Action Order in a
staff assisted alternative rate setting application, the Commission staff will
shall:
(a)
File prefiled direct testimony to explain its analysis in the proposed agency
action recommendation. In the event the staff wishes to alter its position on
any issue, it will 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 will shall consist of
an example of testimony filed by a utility in another case, a sample 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 11-30-93, Amended 1-31-00, 12-16-08, 8-10-14, 7-1-18, ____________.
25-30.565 Application for Approval of New or Revised Service Availability Policy
or Charges.
(1)
An original and one copy of an Each application for a service
availability policy or charges must shall be filed with the
Office of Commission Clerk. The copy must be clearly
labeled “COPY.” If the application is e-filed with the Commission Clerk, the
utility must file one paper copy, clearly labeled “COPY,” with the Commission Clerk within seven
calendar days after e-filing.
in original and six copies.
(2)
Upon filing an application for a new or revised service availability charge or
policy, the utility must shall provide notice pursuant to Rule
25-30.4345, F.A.C.
(3)
A filing fee as required in Rule 25-30.020, F.A.C., must shall be
submitted at the time of application.
(4)
Each application must shall include the following, if applicable:
(a)
A statement describing how the notice provisions have been complied with,
including a copy of the actual notice(s).
(b)
The name of the applicant, the applicant’s principal place of business and each
local office from which company operations are conducted. The applicant’s name must
shall be as it appears on the certificate issued by the Commission if
one has been issued.
(c)
The number of the Commission order, if any, which previously considered the
charges or service availability policy for the system involved.
(d)
A statement explaining the basis for the requested changes in charges and
conditions.
(e)
A schedule showing the original cost of any existing treatment plants, the
water transmission and distribution system, and the sewage collection system,
by Uniform System of Accounting account numbers as required by Rule 25-30.115,
F.A.C., and the related capacity of each system as of 90 days prior to
application.
(f)
A detailed statement of accumulated depreciation for the plant listed in
paragraph (e) above as of 90 days prior to application.
(g)
A schedule showing the number of active customers on line 90 days prior to the
time of application by meter size, by customer class, and the related
equivalent residential connections (ERC) as defined in subsection 25-30.515(8),
F.A.C. Describe the method by which an ERC is defined.
(h)
A detailed statement defining the capacity of the treatment facilities in terms
of ERCs as used in developing the proposed service availability charges.
(i)
A detailed statement defining the capacity of the distribution or collection
system in terms of ERCs as used in developing the proposed service availability
charges.
(j)
Provide Aa list of outstanding developer agreements.
(k)
For each developer agreement state whether the agreement is designed to result
in contributed property, other than the approved system capacity charge, within
the next 24 months; an estimate of the value of the contributed property to be
added to the utility’s books; and a description of the property.
(l)
A schedule showing total collections of contributions-in-aid-of-construction
(CIAC) as of 90 days prior to the date of application. Detail any prepaid CIAC
by amount, the related reserved ERCs, and the anticipated connection date.
Reference any appropriate developer agreements.
(m)
A detailed statement of accumulated amortization of CIAC as listed in
subsection (l) above as of 90 days prior to application.
(n)
Copies of approvals or permits for construction and operation of treatment
facilities.
(o)
A detailed statement by a registered professional engineer showing the cost, by
Uniform System of Accounting account numbers, and capacity of proposed plant
expansion, and a timetable showing projected construction time.
(p)
A detailed statement by a registered professional engineer showing how the
proposed construction will affect the capacity of the existing systems.
(q)
If the expansion or plant upgrading is being undertaken to comply with the
mandates of local, state or federal regulatory authorities, copies of the order(s)
or correspondence directing the expansion or upgrading.
(r)
A schedule showing the projected growth rate for utilization of the existing
plant and line capacity and future plant and line capacity.
(s)
A summary schedule of how the proposed service availability charge was
calculated.
(t)
A schedule showing, by meter size, the cost of meters, connecting fittings,
meter boxes or enclosures and also showing sufficient data on labor and any
other applicable costs to allow the determination of an average cost for meter
installation by type.
(u)
A statement of the existing and proposed on-site and off-site main installation
charges or policy.
(v)
The company’s present capital structure, including the cost of debt in the
present capitalization. The availability and cost of other sources of financing
the proposed expansion or upgrading of the system also shall be given.
(w)
An original and three copies of Tthe
proposed tariff sheets.
(5)
Upon filing of the application and supporting exhibits, the utility shall place
copies thereof at its local office of the utility serving the area affected by
the charges and conditions, and such copies shall be made available for public
inspection.
(5)(6)
Each utility must shall demonstrate the appropriateness of the
requested service availability charges and conditions.
Rulemaking
Authority 350.127(2), 367.121(1),
367.101 FS. Law Implemented 367.101 FS. History–New 6-14-83, Amended 11-10-86,
11-30-93, 5-29-08_____________.
