Case Background
On November 28,
2022, Tradewinds Utilities, Inc. (Tradewinds or Utility) filed an application
with the Florida Public Service Commission (Commission) for a quick-take
amendment to Certificate Nos. 405-W and 342-S to add water and wastewater
territory in Marion County. During staff’s review of the application, staff
discovered that the Utility would need to delete some territory as well as add
territory, disqualifying it from the quick-take amendment process. Accordingly,
the docket title was changed to reflect the change from a quick-take amendment
to a regular amendment. In addition, Tradewinds filed the additional
documentation required.
Tradewinds was
initially granted certificates in 1983. The Commission subsequently granted five amendments
to add or delete territory.
While processing
the application to transfer Tradewinds to CSWR-Florida Utility Operating
Company, LLC (CSWR) in Docket No. 20220063-WS, staff discovered that the
approved service territory for Tradewinds did not match the territory being
served. The proposed water service area consists of a portion of the George S.
Mayo subdivision, located in Section 35, Township 14 South, Range 22 East, that
is not currently in the Utility’s existing water service territory, as well as
two parcels located along a Tradewinds water main in Section 34, Township 14
South, Range 22 East. The proposed wastewater service area consists only of the
portion of the George S. Mayo subdivision not currently included in the
Utility’s approved wastewater service territory. Additionally, the Utility’s
proposed wastewater service territory includes the deletion of the land under
the recently decommissioned wastewater treatment plant. To ensure that the
service territory being conveyed in the sale and noticed pursuant to Rule
25-30.030, F.A.C., was accurate, the amendment sought in the instant docket should
be addressed before the transfer request in Docket No. 20220063-WS should be
granted.
This
recommendation addresses the Utility’s request to extend its water and
wastewater service territory and to delete a portion of its wastewater service
territory. The Commission has jurisdiction pursuant to Section 367.045, Florida
Statutes (F.S.).
Discussion
of Issues
Issue 1:
Should the Commission approve Tradewinds Utilities,
Inc.’s application for amendment of Certificate Nos. 405-W and 342-S to add and
delete territory from its certificated water and wastewater service territory
in Marion County?
Recommendation:
Yes. The Commission should amend Certificate Nos. 405-W
and 342-S to include the territory as described in Attachment A, effective the
date of the Commission’s vote. The resultant order should serve as Tradewinds’
amended certificate and should be retained by the Utility. The Utility should
charge future customers in the territory added herein the rates and charges
contained in its current tariffs until a change is authorized by the Commission
in a subsequent proceeding. (M. Watts, Bethea)
Staff Analysis:
The Utility’s application to amend its authorized
service territory is in compliance with the governing statute, Section 367.045,
F.S., and Rule 25-30.036, Florida Administrative Code (F.A.C.). The application
contains proof of compliance with the noticing provisions set forth in Rule
25-30.030, F.A.C. On April 14, 2023, Marion County Utilities (County) timely
filed an objection to the application and requested a hearing. Staff contacted
the County to clarify its specific objections, as well as to describe for the
County the Commission’s hearing process. Tradewinds contacted the County as
well for clarification of the County’s concerns. After reviewing the
information received during these discussions, on June 8, 2023, the County
withdrew its objection to the territory amendment.
Tradewinds provided adequate service territory maps and
territory descriptions to the Commission. A description of the territory
requested to be deleted and added by the Utility, as well as the resulting
service territory description, is appended to this recommendation as Attachment
A. The Utility submitted an affidavit with its November 28, 2022, application
consistent with Rule 25-30.036(2)(q), F.A.C., stating that it has tariffs and
annual reports on file with the Commission.
The George S. Mayo subdivision consists of 23 low-income
quadruplexes and 15 industrial buildings. Upon receiving a request to serve the
customers in the George S. Mayo subdivision, Tradewinds filed an application to
amend its territory (Docket No. 19971174-WS). However, the legal description
provided in the application only described a portion of this territory.
Believing it had authority to serve the entire subdivision, the Utility extended
its collection and distribution systems and began serving these customers.
In addition, there are two parcels located along
Tradewinds’ water main that runs between the Tradewinds Village subdivision and
Pearl Britain Plaza, which are in the Utility’s certificated service area. One
of these parcels contains a single-family residence and the other contains a
church. Tradewinds has been serving these customers for approximately 20 years.
The Commission last set rates in 2011[4]
and since then the Utility has applied for price index rate adjustments.
Tradewinds has been serving the customers included in the request for extension
of service territory in the instant docket since 1997, when the George S. Mayo
subdivision was added to Tradewinds’ service territory. The
Utility has also been serving the two parcels in Section 34 for many years. Therefore,
no additional facilities will be needed to serve these customers. Given the
long history of service to these customers, staff believes the Utility’s
financial ability to serve the proposed territory to be adequate.
There are currently no outstanding Consent Orders or
Notices of Violation from the Florida Department of Environmental Protection.
The Utility has filed its 2022 Annual Report and has paid its 2022 Regulatory
Assessment Fees. Based on the foregoing analysis, staff recommends that Tradewinds
has the financial and technical ability to serve the amended territory.
Conclusion
Based on the information above, staff recommends that the
Commission should amend Certificate Nos. 405-W and 342-S to include the
territory as described in Attachment A, effective the date of the Commission’s
vote. The resultant order should serve as Tradewinds’ amended certificate and
should be retained by the Utility. The Utility should charge future customers
in the territory added herein the rates and charges contained in its current
tariffs until a change is authorized by the Commission in a subsequent
proceeding.
Issue 2:
Should this docket be closed?
Recommendation:
If the Commission approves staff’s recommendation,
no further action will be necessary, and this docket should be closed upon
issuance of the order. (Dose)
Staff Analysis:
If the Commission approves staff’s recommendation,
no further action will be necessary, and this docket should be closed upon
issuance of the order.
Tradewinds
Utilities, Inc.
MARION
COUNTY
Legal
Description of the Water Service Extension Territory
A parcel of land being located in the SW ¼ of NW ¼ of
Section 35 of Township 14 South, Range 22 East, Marion County, Florida, and
being more particularly described as follows:
Commencing at the West ¼ corner of Section 35, thence
run North for 100.00 feet; thence run East for 30.00 feet to a point on the
east right-of-way line of N.E. 36th Ave. to and for the Point of Beginning;
thence run North along said right-of-way for 467.20 feet; thence run East for
240.00 feet; thence run North for 200.00 feet; thence run East for 130.00 feet;
thence run South for 200.00 feet; thence run East for 110.00 feet; thence run
North for 100.00 feet; thence run East for 190.00 feet; thence run South for
567.20 feet; thence run West for 670.00 feet back to the Point of
Beginning. Said parcel contains 8.2
acres, more or less.
AND ALSO:
A parcel of land being located in the SW ¼ of Section
35 of Township 14 South, Range 22 East, Marion County, Florida, and being more
particularly described as follows:
Commencing at the West ¼ corner of Section 35, thence
run South for 725.00 feet; thence run East for 30.00 feet to a point on the
east right-of-way line of N.E. 36th Ave. to and for the Point of
Beginning; thence run East for 1467.39
feet to the west right-of-way line of S.C.L. railroad; thence run South
16°54’50” East along said railroad right-of-way for 611.87 feet to the south
line of the N ½ of the SW ¼ of Section 35; thence run North 89°58’40” West
along the south line of said N ½ of the SW ¼ for 1171.38 feet; thence run South
00°06’58” West for 226.26 feet; thence run North 89°53’21” West for 30.00 feet;
thence run South 00°06’58” West for 250.00 feet; thence run North 89°53’22”
West for 443.07 feet to the east right-of-way line of N.E. 36th Ave.; thence
run North along said right-of-way for 1060.29 feet back to the Point of
Beginning.
Said parcel contains 25.9 acres, more or less.
AND ALSO:
A parcel of land located in the NW ¼ of the SW ¼ of
Section 34, Township 14 South, Range 22 East, Marion County Florida, and being
more particularly described as follows:
Commencing at the NE corner of the SW ¼ of the NW ¼
of said Section 34; thence run South for 1,980.99 feet; thence West for
350.10 feet to the POINT OF BEGINNING; thence run South 00°01'51" East for
206.26 feet; thence North 89°39'27" West for 962.16 feet to the East
right-of- way of N.E. 25th Avenue; thence run North 00°26'51" East along
said right-of-way for 200.00 feet; thence leaving said right-of-way, run North
89°58'09" East for 960.47 feet back to the Point of Beginning. Said parcel
contains 4.5 acres, more or less.
AND ALSO:
A parcel of land located in the W ½ of the SW ¼ of
Section 34, Township 14 South, Range 22 East, Marion County Florida, and being
more particularly described as follows:
Commencing
at the NE corner of the SW ¼ of the NW
¼ of said Section 34; thence run South
for 2,456.42 feet; thence run West for 870.12 feet to the POINT OF BEGINNING;
thence run South 00°19'52" East for 260.38 feet; thence run South
89°40'08" West for 444.39 feet to the East right-of-way of N.E. 25th
Avenue; thence run North 00°17'21" West along said right-of-way for 260.38
feet; thence leaving said right-of-way, run North 89°40'08" East for
444.20 feet back to the Point of Beginning. Said parcel contains 2.7 acres,
more or less.
All of the East 1/2 of the NE 1/4 of Section 21,
Township 14 South, Range 22 East, Marion County, Florida. Containing 80 acres,
more or less.
Tradewinds
Utilities, Inc.
MARION
COUNTY
WATER SERVICE
TERRITORY
PARCEL 1
A parcel of land being located in Section 34, Township
14 South, Range 22 East, Marion County, Florida, and being more particularly
described as follows:
Commencing at the East ¼ corner of Section 34, thence
run West for 40.00’ to the west right-of-way line of N.E. 36th Ave. and for the
Point of Beginning; thence run South for 307.59 feet; thence run West for
2608.31 feet to the west line of the NW ¼ of SE ¼ of said Section 34; thence
run North for 307.84 feet to the south line of the NW ¼ of Section 34; thence
run West along the south line of said NW ¼ for 2631.69 feet to the west line of
Section 34; thence run north along the west line of said Section 34 for 1320.00
feet to the north line of the SW ¼ of NW ¼; thence run East along said line for
1320.00 feet to the NE corner of said SW ¼ of NW ¼; thence run South along the
east line of said SW ¼ of NW ¼ for 660.00 feet; thence run East for 1311.69
feet to the west line of the SW ¼ of NE ¼; thence run North along the west line
of said SW ¼ of NE ¼ for 662.52 feet to the north line of said SW ¼ of NE ¼;
thence run East along the north line of the South ½ of the NE ¼ for 1985.00
feet; thence run South for 661.39 feet; thence run East for 622.00 feet to the
west right-of-way of N.E. 36th Ave.; thence run South along said right-of-way
for 661.13 feet back to the Point of Beginning.
Said parcel contains 147.1 acres, more or less.
AND ALSO:
PARCEL 2
A parcel of land being located in the SW ¼ of NW ¼ and
in the SW ¼ of Section 35 of Township 14 South, Range 22 East, Marion County,
Florida, and being more particularly described as follows:
Commencing at the West ¼ corner of Section 35, thence
run North for 100.00 feet to and for the Point of Beginning; thence run East
for 30.00 feet to the east right-of-way line of N.E. 36th Ave.; thence run
North along said right-of-way for 467.20 feet; thence run East for 240.00 feet;
thence run North for 200.00 feet; thence run East for 130.00 feet; thence run
South for 200.00 feet; thence run East for 110.00 feet; thence run North for
100.00 feet; thence run East for 190.00 feet; thence run South for 567.20 feet;
thence run East for 546.52 feet to the west right-of-way line of S.C.L.
railroad; thence run South 16°54’50” East along said railroad right-of-way for
1474.17 feet to the south line of the N ½ of the SW ¼ of Section 35; thence run
North 89°58’40” West along the south line of said N ½ of the SW ¼ for 1171.38
feet; thence run South 00°06’58” West for 226.26 feet; thence run North
89°53’21” West for 30.00 feet; thence run South 00°06’58” West for 250.00 feet;
thence run North 89°53’22” West for 443.07 feet to the east right-of-way line
of N.E. 36th Ave.; thence run North along said right-of-way for 1060.29 feet;
thence run West for 30.00 feet to the west line of Section 35; thence run North
along said right-of-way for 825.00 feet back to the Point of Beginning. Said parcel contains 60.1 acres, more or
less.
AND ALSO:
PARCEL 3
A
parcel of land being located in the SW ¼ of SW ¼ of Section 34 of Township 14
South, Range 22 East, Marion County, Florida, and being more particularly
described as follows:
Commencing at the SW corner of said Section 34, thence
run North 89°39’51” East for 30.00 feet; thence run North 00°02’32” West for
30.00 feet; thence continue North 00°02’32” West for 185.00 feet to and for the
Point of Beginning; thence continue North 00°02’32” West for 513.88 feet;
thence run North 89°39’32” East for 636.05 feet; thence run South 00°07’48”
East for 105.03 feet; thence run North 89°38’51” East for 666.22 feet; thence
run South 00°13’07” East for 593.70 feet; thence run South 89°38’51” West for
1119.36 feet; thence run North 00°02’32” West for 185.00 feet; thence run South
89°38’51” West for 185.00 feet back to the Point of Beginning. Said parcel contains 18.5 acres, more or
less.
AND ALSO:
PARCEL 4
A parcel of land located in the NW ¼ of the SW ¼ of
Section 34, Township 14 South, Range 22 East, Marion County Florida, and being
more particularly described as follows:
Commencing at the NE corner of the SW ¼ of the NW ¼
of said Section 34; thence run South for 1,980.99 feet; thence West for
350.10 feet to the POINT OF BEGINNING; thence run South 00°01'51" East for
206.26 feet; thence North 89°39'27" West for 962.16 feet to the East
right-of- way of N.E. 25th Avenue; thence run North 00°26'51" East along said
right-of-way for 200.00 feet; thence leaving said right-of-way, run North
89°58'09" East for 960.47 feet back to the Point of Beginning. Said parcel
contains 4.5 acres, more or less.
AND ALSO:
PARCEL 5
A parcel of land located in the W ½ of the SW ¼ of
Section 34, Township 14 South, Range 22 East, Marion County Florida, and being
more particularly described as follows:
Commencing at the NE corner of the SW ¼ of the NW ¼
of said Section 34; thence run South for 2,456.42 feet; thence run West
for 870.12 feet to the POINT OF BEGINNING; thence run South 00°19'52" East
for 260.38 feet; thence run South 89°40'08" West for 444.39 feet to the
East right-of-way of N.E. 25th Avenue; thence run North 00°17'21" West
along said right-of-way for 260.38 feet; thence leaving said right-of-way, run
North 89°40'08" East for 444.20 feet back to the Point of Beginning. Said
parcel contains 2.7 acres, more or less.
Legal
Description of the Wastewater Service Extension Territory
A parcel of land being located in the SW ¼ of NW ¼ of
Section 35 of Township 14 South, Range 22 East, Marion County, Florida, and
being more particularly described as follows:
Commencing at the West ¼ corner of Section 35, thence
run North for 100.00 feet; thence run East for 30.00 feet to a point on the
east right-of-way line of N.E. 36th Ave. to and for the Point of Beginning;
thence run North along said right-of-way for 467.20 feet; thence run East for
240.00 feet; thence run North for 200.00 feet; thence run East for 130.00 feet;
thence run South for 200.00 feet; thence run East for 110.00 feet; thence run
North for 100.00 feet; thence run East for 190.00 feet; thence run South for
567.20 feet; thence run West for 670.00 feet back to the Point of
Beginning. Said parcel contains 8.2
acres, more or less.
AND ALSO:
A
parcel of land being located in the SW ¼ of Section 35 of Township 14 South,
Range 22 East, Marion County, Florida, and being more particularly described as
follows:
Commencing at the West ¼ corner of Section 35, thence
run South for 725.00 feet; thence run East for 30.00 feet to a point on the
east right-of-way line of N.E. 36th Ave. to and for the Point of
Beginning; thence run East for 1467.39
feet to the west right-of-way line of S.C.L. railroad; thence run South
16°54’50” East along said railroad right-of-way for 611.87 feet to the south
line of the N ½ of the SW ¼ of Section 35; thence run North 89°58’40” West
along the south line of said N ½ of the SW ¼ for 1171.38 feet; thence run South
00°06’58” West for 226.26 feet; thence run North 89°53’21” West for 30.00 feet;
thence run South 00°06’58” West for 250.00 feet; thence run North 89°53’22”
West for 443.07 feet to the east right-of-way line of N.E. 36th Ave.; thence
run North along said right-of-way for 1060.29 feet back to the Point of
Beginning.
Said parcel contains 25.9 acres, more or less
Legal
Description of the Wastewater Territory Deleted
A parcel of land being located in the SE ¼ of NW ¼ of
Section 34 of Township 14 South, Range 22 East, Marion County, Florida, and
being more particularly described as follows:
Commencing at the NW corner of said SE ¼ of NW ¼;
thence run South along the east line of said SE ¼ of NW ¼ for 660.00 feet;
thence run East for 634.00 feet to and for the Point of Beginning; thence run
South for 120.00 feet; thence run East for 194.00 feet; thence run North for
120.00 feet; thence run West for 194.00 feet back to the Point of Beginning.
Said parcel contains 0.5 acres, more or less.
Tradewinds
Utilities, Inc.
MARION
COUNTY
WASTEWATER
SERVICE TERRITORY
PARCEL 1
A parcel of land being located in Section 34 of
Township 14 South, Range 22 East, Marion County, Florida, and being more
particularly described as follows:
Commencing at the East ¼ corner of Section 34, thence
run West for 40.00’ to the west right-of-way line of N.E. 36th Ave. and for the
Point of Beginning; thence run South for 307.59 feet; thence run West for
2608.31 feet to the west line of the NW ¼ of SE ¼ of said Section 34; thence
run North for 307.84 feet to the south line of the NW ¼ of Section 34; thence
run West along the south line of said NW ¼ for 2631.69 feet to the west line of
Section 34; thence run north along the west line of said Section 34 for 1320.00
feet to the north line of the SW ¼ of NW ¼; thence run East along said line for
1320.00 feet to the NE corner of said SW ¼ of NW ¼; thence run South along the
east line of said SW ¼ of NW ¼ for 660.00 feet; thence run East for 634.00
feet; thence run South for 120.00 feet; thence run East for 194.00 feet; thence
run North for 120.00 feet; thence run East for 483.69 feet to the east line of
the SE ¼ of NW ¼; thence run South along said east line of SE ¼ of NW ¼ for
298.87 feet; thence run East for 2608.31 feet to the west right-of-way of N.E.
36th Ave.; thence run South along said right-of-way for 361.38 feet back to the
Point of Beginning. Said parcel contains
99.9 acres, more or less.
AND ALSO:
PARCEL 2
A parcel of land being located in the SW ¼ of NW ¼ and
in the SW ¼ of Section 35 of Township 14 South, Range 22 East, Marion County,
Florida, and being more particularly described as follows:
Commencing
at the West ¼ corner of Section 35, thence run North for 100.00 feet to and for
the Point of Beginning; thence run East for 30.00 feet to the east right-of-way
line of N.E. 36th Ave.;
thence run North along said right-of-way for 467.20
feet; thence run East for 240.00 feet; thence run North for 200.00 feet; thence
run East for 130.00 feet; thence run South for 200.00 feet; thence run East for
110.00 feet; thence run North for 100.00 feet; thence run East for 190.00 feet;
thence run South for 567.20 feet; thence run East for 546.52 feet to the west
right-of-way line of S.C.L. railroad; thence run South 16°54’50” East along
said railroad right-of-way for 1474.17 feet to the south line of the N ½ of the
SW ¼ of Section 35; thence run North 89°58’40” West along the south line of
said N ½ of the SW ¼ for 1171.38 feet; thence run South 00°06’58” West for
226.26 feet; thence run North 89°53’21” West for 30.00 feet; thence run South
00°06’58” West for 250.00 feet; thence run North 89°53’22” West for 443.07 feet
to the east right-of-way line of N.E. 36th Ave.; thence run North along said
right-of-way for 1060.29 feet; thence run West for 30.00 feet to the west line
of Section 35; thence run North along said right-of-way for 825.00 feet back to
the Point of Beginning. Said parcel
contains 60.1 acres, more or less.
AND ALSO:
PARCEL 3
A parcel of land being located in the SW ¼ of SW ¼ of
Section 34 of Township 14 South, Range 22 East, Marion County, Florida, and
being more particularly described as follows:
Commencing
at the SW corner of said Section 34, thence run North 89°39’51” East for 30.00
feet; thence run North 00°02’32” West for 30.00 feet; thence continue North
00°02’32” West for 185.00 feet to and for the Point of Beginning; thence
continue North 00°02’32” West for 513.88 feet; thence run North 89°39’32” East
for 636.05 feet; thence run South 00°07’48” East for 105.03 feet; thence run
North 89°38’51” East for 666.22 feet; thence run South 00°13’07” East for
593.70 feet; thence run South 89°38’51” West for 1119.36 feet; thence run North
00°02’32” West for 185.00 feet; thence run South 89°38’51” West for 185.00 feet
back to the Point of Beginning. Said
parcel contains 18.5 acres, more or less.
FLORIDA PUBLIC SERVICE COMMISSION
authorizes
Tradewinds
Utilities, Inc.
pursuant to
Certificate Number 405-W
to provide
water service in Marion County in accordance with the provisions of
Chapter 367, Florida Statutes, and the Rules, Regulations, and Orders of this
Commission in the territory described by the Orders of this Commission. This
authorization shall remain in force and effect until superseded, suspended,
cancelled or revoked by Order of this Commission.
Order Number Date Issued Docket Number Filing Type
Order No. 12184 07/01/83 19830110-WS Original Certificate
Order No. 13238 04/27/84 19840088-WU Amendment
Order No. 19688 07/19/88 19880552-WS Amendment
Order No. 21740 08/17/89 19881568-WS Amendment - Premature
PSC-92-0699-FOF-WS 07/22/92 19911078-WS Jurisdictional
Finding
PSC-93-0368-FOF-WS 03/09/93 19921260-WS Amendment
PSC-98-0484-FOF-WS 04/06/98 19971174-WS Amendment
PSC-10-0020-FOF-WS 11/07/10 20090417-WS Amendment
* * 20220206-WS Amendment
*Order Number and
date to be provided at time of issuance
FLORIDA PUBLIC SERVICE COMMISSION
authorizes
Tradewinds
Utilities, Inc.
pursuant to
Certificate Number 342-S
to provide
wastewater service in Marion County in accordance with the provisions of
Chapter 367, Florida Statutes, and the Rules, Regulations, and Orders of this
Commission in the territory described by the Orders of this Commission. This
authorization shall remain in force and effect until superseded, suspended,
cancelled or revoked by Order of this Commission.
Order Number Date Issued Docket Number Filing Type
Order No. 12184 07/01/83 19830110-WS Original Certificate
Order No. 19688 07/19/88 19880552-WS Amendment
Order No. 21740 08/17/89 19881568-WS Amendment - Premature
PSC-92-0699-FOF-WS 07/22/92 19911078-WS Jurisdictional
Finding
PSC-93-0368-FOF-WS 03/09/93 19921260-WS Amendment
PSC-98-0484-FOF-WS 04/06/98 19971174-WS Amendment
PSC-10-0020-FOF-WS 11/07/10 20090417-WS Amendment
* * 20220206-WS Amendment
*Order Number and
date to be provided at time of issuance
