Discussion
of Issues
Issue 1:
Should the transfer of Certificate Nos. 405-W and
342-S in Marion County from Tradewinds Utilities, Inc. to CSWR-Florida Utility
Operating Company, LLC be approved?
Recommendation:
Yes. The transfer of the water and wastewater systems
and Certificate Nos. 405-W and 342-S is in the public interest and should be
approved effective the date that the sale becomes final. The resultant Order
should serve as the Buyers certificate and should be retained by the Buyer.
The Buyer should submit the executed and recorded deed for continued access to
the land upon which its facilities are located, copies of its permit transfer
application, and a copy of its signed and executed contract for sale to the
Commission within 60 days of the Order approving the transfer, which is final
agency action. If the sale is not finalized within 60 days of the transfer
Order, the Buyer should file a status update in the docket file. The Utilitys
existing rates, service availability charges, and initial customer deposits, as
shown on Schedule No. 7, should remain in
effect until a change is authorized by the Commission in a subsequent
proceeding. The tariff pages reflecting the transfer should be effective on or
after the stamped approval date on the tariff sheets, pursuant to Rule
25-30.475(1), Florida Administrative Code (F.A.C.). The Seller is current with
respect to annual reports and regulatory assessment fees (RAFs) through
December 31, 2022. The Buyer should be responsible for filing annual reports and
paying RAFs for all future years. (M. Watts, Thurmond, Bethea)
Staff Analysis:
On March 15, 2022, CSWR-Tradewinds filed an
application for the transfer of Certificate Nos. 405-W and 342-S from Tradewinds
to CSWR-Tradewinds in Marion County. The application is in compliance with
Section 367.071, F.S., and Commission rules concerning applications for
transfer of certificates. The sale to CSWR-Tradewinds will become final after
Commission approval of the transfer, pursuant to Section 367.071(1), F.S.
Noticing, Territory, and Land
Ownership
CSWR-Tradewinds provided notice of the application pursuant
to Section 367.071, F.S., and Rule 25-30.030, F.A.C. No objections to the
transfer were filed, and the time for doing so has expired. The application
contains a description of the service territory, which is appended to this
recommendation as Attachment A. In its application, CSWR-Tradewinds provided a copy of an unrecorded warranty
deed as evidence that the Buyer will have rights to long-term use of the land
upon which the treatment facilities are located pursuant to Rule
25-30.037(2)(s), F.A.C. CSWR-Tradewinds committed to providing the executed and recorded deed to the Commission
within 60 days after the closing of the sale.
Purchase Agreement and Financing
Pursuant to Rule 25-30.037(2)(g), (h), and (i), F.A.C.,
the application contains a statement regarding financing and a copy of the
purchase agreement, which includes the purchase price, terms of payment, and a
list of the assets purchased. There are no guaranteed revenue contracts, or
customer advances of Tradewinds that must be disposed of with regard to the
transfer. CSWR-Tradewinds will review all leases and developer agreements and
will assume or renegotiate those agreements on a case-by-case basis prior to
closing. Any customer deposits will be refunded to customers by the Seller
prior to the closing. According to the purchase and sale agreement, the total
purchase price for the assets is $2,660,000. According to the Buyer, the
closing has not yet taken place and is dependent on Commission approval of the
transfer, pursuant to Section 367.071(1), F.S.
Facility Description and Compliance
Tradewinds water system includes a water treatment plant (WTP)
composed of three wells, a hypo-chlorination system for disinfection, two
hydropneumatic/flow tanks, and one elevated storage tank. Two of the wells have
capacities of 185 gallons per minute (gpm) each. The third well has a capacity
of 950 gpm. The water distribution system extends throughout the service area. CSWR-Tradewinds
provided a copy of the Utilitys current consumptive use permit (CUP) from the SJRWMD.
The Buyer committed to providing a copy of its CUP transfer application,
reflecting the change in ownership, to the Commission within 60 days of the
contract for sale.
Tradewinds former wastewater treatment plant has been
decommissioned. The Utility provides wastewater treatment service pursuant to a
bulk service agreement with Marion County Utilities. Tradewinds has six lift
stations in its collection system.
Staff reviewed the most recent Florida Department of
Environmental Protection (DEP) sanitary survey issued on May 22, 2020, which identified
three issues that were quickly corrected. In its June 10, 2020, inspection
report to the Utility, the DEP stated that, based the information provided
during and following the inspection, the facility was determined to be in
compliance with its rules and regulations. Staff also reviewed the results from
its August 4, 2021, water quality tests, including the secondary water quality
test. All results were below the DEPs maximum contaminant levels for each
contaminant.
Technical and Financial Ability
Pursuant to Rule 25-30.037(2)(l) and (m), F.A.C., the
application contains statements describing the technical and financial ability
of the Buyer to provide service to the proposed service area. As referenced in
the transfer application, the Buyer will fulfill the commitments, obligations,
and representations of the Seller with regards to utility matters. CSWR-Tradewinds
application states that it owns and operates water and wastewater systems in
Missouri, Arkansas, Kentucky, Louisiana, Texas, Louisiana, Mississippi,
Arizona, North Carolina, and Tennessee that currently serve more than 73,000
water and 117,000 wastewater customers. The Commission has also approved CSWRs
purchase of five Florida certificated utilities in prior dockets.
The Buyer plans to use qualified and licensed contractors
to provide routine operation and maintenance (O&M) of the systems, as well
as to handle billing and customer service. Staff reviewed the financial
statements of CSWR-Tradewinds and believes the Buyer has documented adequate resources
to support the Utilitys water and wastewater operations. Based on the above,
the Buyer has demonstrated the technical and financial ability to provide
service to the existing service territory.
Rates and Charges
Tradewinds
rates and miscellaneous service charges were last approved in a 2011 staff
assisted rate case.[5] Tradewinds had a rate
decrease to remove expired rate case expense amortization in 2016. Subsequently,
the rates have been amended by seven price index rate adjustments with the last
one being in 2022. The Utilitys service availability charges for water were
last approved in a 1994 staff assisted rate case.[6]
Allowances for Funds Prudently Invested (AFPI) for wastewater were approved in
2000.[7] Tradewinds initial customer
deposits have been in effect since prior to 1994. Rule 25-9.044(1), F.A.C.,
provides that, in the case of a change of ownership or control of a Utility,
the rates, classifications, and regulations of the former owner must continue
unless authorized to change by this Commission. However, the miscellaneous
service charges do not conform to the recent amendment to Rule 25-30.460,
F.A.C., and are discussed separately in Issue 4. Therefore, staff recommends
that the Utilitys existing rates, service availability charges, and initial
customer deposits as shown on Schedule No. 7, should remain in effect, until a
change is authorized by the Commission in a subsequent proceeding. The tariff
pages reflecting the transfer should be effective on or after the stamped
approval date on the tariff sheets pursuant to Rule 25-30.475(1), F.A.C.
Regulatory Assessment Fees and Annual Report
Staff has verified that the Utility is current on the
filing of annual reports and RAFs through December 31, 2022. The Buyer should
be responsible for filing the Utilitys annual reports and paying RAFs for all
future years.
Conclusion
Based on the foregoing, staff recommends that the transfer
of the water and wastewater systems and Certificate Nos. 405-W and 342-S is in
the public interest and should be approved effective the date that the sale
becomes final. The resultant Order should serve as the Buyers certificate and
should be retained by the Buyer. The Buyer should submit the executed and
recorded deed for continued access to the land upon which its facilities are
located, copies of its permit transfer application, and a copy of its signed
and executed contract for sale to the Commission within 60 days of the Order
approving the transfer, which is final agency action. If the sale is not
finalized within 60 days of the transfer Order, the Buyer should file a status
update in the docket file. The Utilitys existing rates, service availability
charges, and initial customer deposits, as shown on
Schedule No. 7, should remain in effect until a change is authorized by
the Commission in a subsequent proceeding. The tariff pages reflecting the
transfer should be effective on or after the stamped approval date on the
tariff sheets, pursuant to Rule 25-30.475(1), F.A.C. The Seller is current with
respect to annual reports and RAFs through December 31, 2022. The Buyer should
be responsible for filing annual reports and paying RAFs for all future years.
Issue 2:
What is the appropriate net book value for
CSWR-Florida Utility Operating Company LLCs water and wastewater systems for
transfer purposes?
Recommendation:
For transfer purposes, the NBV of the water and
wastewater systems is $309,394 and $25,516, respectively, as of February 28,
2022. Within 90 days of the date of the Consummating Order, CSWR-Tradewinds
should be required to notify the Commission in writing that it has adjusted its
books in accordance with the Commissions decision. The adjustments should be
reflected in the Utilitys 2023 Annual Report when filed. (Thurmond)
Staff Analysis:
Rate base for the water and wastewater systems were
last established on September 13, 2011.[8]
The purpose of establishing NBV for transfers is to determine whether an
acquisition adjustment should be approved. CSWR-Tradewinds request for a
positive acquisition adjustment is addressed in Issue 3. The NBV does not
include normal ratemaking adjustments for used and useful plant or working
capital. The Utilitys NBV has been updated to reflect balances as of February
28, 2022.[9] Staffs
recommended NBV, as described below, is shown on Schedule Nos. 1 and 2.
Utility Plant in Service (UPIS)
According to the Utilitys general ledger, the total UPIS
balance for water and wastewater was $1,091,508 and $523,984, respectively, as
of February 28, 2022. Staff compiled the plant additions and retirements to
UPIS from December 31, 2009, to February 28, 2022, and traced supporting
documentation. As a result, staff recommends a decrease to UPIS of $63,434, for
water, and an increase of $86,098 for wastewater, as of February 28, 2022.
Accordingly, staff recommends total UPIS balances of $1,028,074 and $610,082
for water and wastewater, respectively, as of February 28, 2022.
Land
The Utilitys general ledger reflected land
balances of $182,500 for water, as of December 31, 2009. Staff recommends a
decrease to land balance of $112,500 for water, as of February 28, 2022, to
account for a land adjustment ordered in the Utilitys last rate case.
Therefore, staff recommends total land balance of $70,000 for water.
Accumulated Depreciation
According to the Utilitys general ledger, the
total accumulated depreciation balances were $812,221 and $471,912 for water
and wastewater, respectively, as of February 28, 2022. Staff recalculated
depreciation accruals using the depreciation rates established by Rule
25-30.140, F.A.C. As a result, staff recommends that the accumulated
depreciation balance be decreased by $30,685 for water, and increased by
$91,603 for wastewater, as of February 28, 2022. Accordingly, staff recommends
total accumulated depreciation balances of $781,536 and $563,515 for water and
wastewater, respectively, as of February 28, 2022.
Contributions-in-Aid-of-Construction
(CIAC) and Accumulated Amortization of CIAC
According to the Utilitys general ledger, the CIAC
balances were $335,746 and ($554,306) for water and wastewater, respectively,
as of February 28, 2022. Accumulated amortization of CIAC balances were $335,747
and ($545,676) for water and wastewater, respectively, as of February 28, 2022.
Staff traced CIAC and accumulated amortization of CIAC balances from December
31, 2009, to February 28, 2022, using supporting documentation, annual reports,
and the Utility general ledger. As a result, staff recommends that the CIAC
balance be increased by $6,299 and $1,100,461 for water and wastewater,
respectively, as of February 28, 2022. Staff also recommends that the
accumulated amortization of CIAC balances be decreased by $845 for water, and
increased by $1,070,780 for wastewater, as of February 28, 2022. Accordingly,
staff recommends total CIAC balances of $342,045 and $546,155 for water and
wastewater, respectively, as of February 28, 2022. Staff also recommends
Accumulated Amortization of CIAC balances of $334,902 and $525,104 for water
and wastewater, respectively, as of February 28, 2022.
Net Book Value
The Utilitys general ledger reflected a NBV of
$461,788 and $60,702 for water and wastewater, respectively, as of February 28,
2022. Based on the adjustments described above, staff recommends a NBV of $309,394
and $25,516 for water and wastewater, respectively, as of February 28, 2022.
Staffs recommended NBV and the National Association of Regulatory Utility
Commissioners, Uniform System of Accounts (NARUC USOA) balances for UPIS and
accumulated depreciation are shown on Schedule Nos. 1 and 2 as of February 28,
2022. As addressed in Issue 3, a positive acquisition adjustment should not be
recognized for ratemaking purposes.
Conclusion
Based on the above, for transfer purposes, staff
recommends a NBV of $309,394 and $25,516 for water and wastewater,
respectively, for a combined NBV of $334,910, as of February 28, 2022. Within
90 days of the date of the Consummating Order, the Buyer should be required to
notify the Commission in writing, that it has adjusted its books in accordance
with the Commissions decision. The adjustments should be reflected in the
Utilitys 2023 Annual Report when filed.
Issue 3:
Should a positive acquisition adjustment be
recognized for ratemaking purposes?
Recommendation:
No. Pursuant to Rule 25-30.0371, F.A.C., a positive
acquisition adjustment should not be granted as the Buyer failed to demonstrate
extraordinary circumstances (Thurmond, M. Watts)
Staff Analysis:
In its filing, the applicant requested a positive
acquisition adjustment be included in the calculation of the Utilitys rate
base. An acquisition adjustment results when the purchase price differs from
the NBV of the assets at the time of acquisition. Pursuant to Rule 25-30.0371,
F.A.C., a positive acquisition adjustment results when the purchase price is
greater than the NBV and a negative acquisition adjustment results when the
purchase price is less than the NBV. A positive acquisition adjustment, if
approved, increases rate base.
According to
the purchase agreement, the Buyer will purchase the Utility for $2,660,000. As
discussed in Issue 2, staff is recommending a combined NBV of $334,910. This
would result in a positive acquisition adjustment of $2,325,090.
Any entity
that believes a full or partial positive acquisition adjustment should be made
has the burden to prove the existence of extraordinary circumstances. Rule
25-30.0371(2), F.A.C., states:
In determining whether extraordinary
circumstances have been demonstrated, the Commission shall consider evidence
provided to the Commission such as anticipated improvements in quality of
service, anticipated improvements in compliance with regulatory mandates,
anticipated rate reductions or rate stability over a long-term period,
anticipated cost efficiencies, and whether the purchase was made as part of an
arms-length transaction.
If a purchase price above depreciated original cost is
used to determine rate base, without the requirement for extraordinary
circumstances, it could encourage utilities to swap assets and
inappropriately increase cost to customers.
Deferral
In discovery responses, CSWR-Tradewinds stated that it
intends to ask for deferral of a decision regarding the requested acquisition
adjustment. In its application, the Buyer laid out factors such as improvements
to quality of service, cost efficiencies, and rate stability. These are
discussed below, and staff recommends that these factors do not constitute
extraordinary circumstances. In response to discovery, the Buyer agreed that
after the rate base is set, if a company provides support in a separate and
subsequent case that there are utility assets that were not previously
recorded, then the company can prospectively recover the unrecorded amount of
that investment. Therefore, if the Buyer finds assets were incorrectly recorded
on the Sellers balance sheet, the Buyer can support those costs and recover
them in a future rate case. That is normal Commission practice and is not
considered extraordinary circumstances.
Pursuant to Commission practice, the Buyer has the burden
of proving extraordinary circumstances at the time of transfer. Staff believes
that in the instant case, the Buyer has failed to provide proof of
extraordinary circumstances. Further, the Buyer had multiple opportunities to
provide pertinent information needed to determine if a positive acquisition
adjustment was appropriate. As such, staff recommends the Commission deny the
request to defer a decision on the positive acquisition adjustment.
Finally, it is long-standing Commission practice to
address the disposition of any positive or negative acquisition adjustment at
the time of transfer. Pursuant to Section 120.68(7)(e)3., F.S., when agencies
change their established policies, practices, and procedures, they must give an
explanation for the deviation. Staff does not believe the facts in this case
warrant such a deviation. As such, staff believes the deferral of a positive
acquisition adjustment decision in this docket would result in an unnecessary
deviation from Commission practice.
Improvements in Quality
of Service and Compliance with Regulatory Mandates
In its application, CSWR-Tradewinds listed six business
practices that it believes will improve the quality of service to its
customers: (1) provision of 24-hour emergency service phone numbers; (2)
on-call emergency service personnel who are required to respond to emergency
service calls within prescribed time limits; (3) a computerized maintenance
management system; (4) access to resources not usually available to comparably
sized systems and the ability to supplement local personnel with resources
owned by the parent and sister companies; (5) online bill payment options; and
(6) an updated website for customer communication, bulletins, procedures, etc.
Staff reviewed the complaints
filed with the Commission for the five-year period prior to the application,
from March 2017 to March 2022. The Commission recorded two complaints regarding
improper billing during this time period. In its application, CSWR-Tradewinds
did not list any customer complaints related to the water or wastewater
treatment systems or for secondary water quality issues.
In
addition to reviewing the Utilitys most recent sanitary survey (May 22, 2020),
as discussed in Issue 1, staff also reviewed the two prior sanitary surveys
(conducted in 2017 and 2014). As with the 2020 sanitary survey, the 2017 and
2014 sanitary surveys found a few minor issues, which were corrected.
In
Exhibit H of its application, CSWR-Tradewinds described its plans for rehabilitation
of major system components and general improvements. The Buyers plans for the
water system, having found no major problems with its compliance history or
obvious need for repairs, include rehabilitating the wells and tanks, and
performing distribution repairs as needed. Because Tradewinds WWTP was
decommissioned after CSWR-Tradewinds filed its application, only its plans for
the collections system will be discussed here. The Buyer plans to rehabilitate
the six lift stations and perform collection system repairs as necessary. CSWR-Tradewinds
plans for improvements to both the water and wastewater systems are to install
remote monitoring systems. The Buyer stated in its application that no
governmental authorities are presently requiring repairs or improvements to the
systems.
Based on the
above, it appears that Tradewinds currently has no issues with respect to
regulatory compliance. While the Buyer identified some general improvements it
intends to implement, staff does not believe the Buyer has demonstrated
extraordinary circumstances in support of its requested positive acquisition adjustment.
Instead, staff believes that the proposed anticipated improvements in quality
of service demonstrate CSWR-Tradewinds intention to responsibly execute its
obligations as a utility owner. While staff does not believe
the Utilitys anticipated improvements justify its requested positive
acquisition adjustment, these improvements may be considered for prudence and
cost recovery in a future rate proceeding.
Anticipated Cost
Efficiencies and Rates
In its application, the Buyer stated that its size and
anticipated consolidation of many small systems under one financial and
managerial entity would result in operational cost efficiencies, particularly
in the areas of:
·
PSC and environmental regulatory reporting
·
Managerial and operational oversight
·
Utility asset planning
·
Engineering planning
·
Ongoing utility maintenance
·
Utility record keeping
·
Customer service responsiveness
·
Improved access to capital is necessary to
repair and upgrade Tradewinds systems to ensure compliance with all health and
environmental requirements and ensure service to customers remains safe and
reliable
In response to discovery, the Buyer provided an estimated
annual reduction of O&M expense of approximately $58,000. The requested
acquisition adjustment of $2,325,090 is approximately seven times greater than
the systems current NBV of $334,910. Even if the Buyer were able to reduce
O&M expense by $58,000, the inclusion of the requested acquisition
adjustment in rate base and the inclusion of the annual amortization expense in
the NOI calculation would result in an increased revenue requirement. The
result would be a net increase to customer rates.
The Buyer also stated that CSWR-Tradewinds would bring
long-term rate stability to the Utility, should the transfer be approved. Staff
agrees that economies of scale and the potential consolidation of several
systems in Florida, as proposed by CSWR-Tradewinds, could bring some long-term
rate stability. However, absent specific and detailed support for these
assertions, the Buyer has failed to meet its burden of demonstrating
extraordinary circumstances.
Staffs recommendation is consistent with the Commissions
decision in Order No. PSC-2020-0458-PAA-WS.[10]
In that docket, the Buyer identified estimates of anticipated cost
efficiencies, including a reduction in O&M expenses and a reduction in the
cost of capital that would result from the transfer. Additionally, the Buyer
cited several improvements it has made to the wastewater treatment plant and
wastewater lift station since acquisition to improve the quality of service and
compliance with regulatory mandates. While the Commission acknowledged that the
Buyer accomplished cost savings, it did not believe the actions performed
demonstrated extraordinary circumstances that would justify approval of a
positive acquisition adjustment.
Staffs recommendation is also consistent with the
Commissions decisions to deny CSWR-Florida Utility Operating Company, LLC a
positive acquisition adjustment in Order Nos. PSC-2022-0116-PAA-SU,
PSC-2022-0120-PAA-WU, PSC-2022-0115-PAA-WS, and PSC-2022-0364-PAA-WU, and
Docket No. 20220149-WS.[11] In those
cases, the Commission determined that the Buyer failed to provide sufficient
evidence of extraordinary circumstances, and the Buyer was denied a positive
acquisition adjustment in all five cases. In those cases, the Buyer also
requested a deferral of the decision regarding the positive acquisition
adjustments, which was also denied by the Commission. Staff believes the facts
of this case are similar to the five cases discussed above.
Conclusion
Pursuant to Rule 25-30.0371, F.A.C., staff recommends a
positive acquisition adjustment not be granted as the Buyer did not demonstrate
extraordinary circumstances. Staff believes the Buyers anticipated improvements
in quality of service and compliance with regulatory mandates do not illustrate
extraordinary circumstances and instead demonstrate CSWR-Tradewinds intentions
to responsibly provide utility service.
Issue 4:
Should CSWR-Florida Utility Operating Company, LLCs
miscellaneous service charges be revised to conform to amended Rule 25-30.460,
F.A.C.?
Recommendation:
Yes. Staff recommends the miscellaneous service
charges be revised to conform to the recent amendment to Rule 25-30.460, F.A.C.
The tariff should be revised to reflect the removal of initial connection and
normal reconnection charges. The Utility should be required to file a proposed
customer notice to reflect the Commission-approved charges. The approved
charges should be effective on or after the stamped approval date on the tariff
sheet pursuant to Rule 25-30.475(1), F.A.C. In addition, the approved charge
should not be implemented until staff has approved the proposed customer notice
and the notice has been received by customers. The Utility should provide proof
of the date notice was given no less than 10 days after the date of the notice.
The Utility should be required to charge the approved miscellaneous services
charges until authorized to change them by the Commission in a subsequent
proceeding. (Bethea)
Staff Analysis:
Effective June 24, 2021,
Rule 25-30.460, F.A.C., was amended to remove initial connection and normal reconnection
charges.[12] The
definitions for initial connection charges and normal reconnection charges were
subsumed in the definition of the premises visit charge. The Utilitys
miscellaneous service charges consist of initial connection and normal reconnection
charges. The normal reconnection charge is more than the premises visit charge.
Since the premises visit entails a broader range of tasks, staff believes the
premises visit charge should reflect the amount of the normal reconnection
charge of $21 (normal hours) and $32 (after hours). Therefore, staff recommends
that the initial connection and normal reconnection charges be removed, the
premises visit charge should be revised to $21 (normal hours) and $32 (after
hours). The definition for the premises visit charge be updated to comply with
amended Rule 25-30.460, F.A.C. The Utilitys existing and staffs recommended
miscellaneous service charges are shown in Table 4-1.
Table 4-1
Utility Existing and Staff Recommended Miscellaneous Service
Charges
|
|
Water/Wastewater
Existing
|
Water/Wastewater
Staff Recommended
|
|
|
Normal Hours
|
After Hours
|
Normal Hours
|
After Hours
|
|
Initial Connection Charge
|
$21.00
|
$32.00
|
N/A
|
N/A
|
|
Normal Reconnection Charge
|
$21.00
|
$32.00
|
N/A
|
N/A
|
|
Violation Reconnection Charge
(Water)
|
$21.00
|
$32.00
|
$21.00
|
$32.00
|
|
Violation Reconnection Charge
(Wastewater)
|
Actual Cost
|
Actual Cost
|
Actual Cost
|
Actual Cost
|
|
Premises Visit Charge
|
$14.00
|
N/A
|
$21.00
|
N/A
|
Conclusion
Based on the above, staff
recommends the miscellaneous service charges be revised to conform to the
recent amendment to Rule 25-30.460, F.A.C. The tariff should be revised to
reflect the removal of initial connection and normal reconnection charges. The
Utility should be required to file a proposed customer notice to reflect the
Commission-approved charges. The approved charges should be effective on or
after the stamped approval date on the tariff sheet pursuant to Rule
25-30.475(1), F.A.C. In addition, the approved charge should not be implemented
until staff has approved the proposed customer notice and the notice has been
received by customers. The Utility should provide proof of the date notice was
given no less than 10 days after the date of the notice. The Utility should be
required to charge the approved miscellaneous services charges until authorized
to change them by the Commission in a subsequent proceeding.
Issue 5:
Should this docket be closed?
Recommendation:
Yes. If no protest to the proposed agency action is
filed by a substantially affected person within 21 days of the date of the
issuance of the Order, a Consummating Order should be issued and the docket
should be closed administratively upon Commission staffs verification
that the revised tariff sheets have been
filed, that proof has been provided that appropriate noticing has been done
pursuant to Rule 25-30.4345, F.A.C., the Buyer has notified the Commission in
writing that it has adjusted its books in accordance with the Commissions
decision, that the Buyer has submitted the executed and recorded warranty deed,
that the Buyer has submitted a copy of its application for permit transfer to
the DEP and the SJRWMD, and that the Buyer has submitted a signed and executed
copy of its contract for sale within 60 days of the Commissions Order
approving the transfer. (Stiller)
Staff Analysis:
If no protest to the proposed agency action is filed
by a substantially affected person within 21 days of the date of the issuance
of the Order, a Consummating Order should be issued and the docket should be
closed administratively upon Commission staffs verification that the revised
tariff sheets have been filed, that proof has been provided that appropriate
noticing has been done pursuant to Rule 25-30.4345, F.A.C., the Buyer has
notified the Commission in writing that it has adjusted its books in accordance
with the Commissions decision, that the Buyer has submitted the executed and
recorded warranty deed, that the Buyer has submitted a copy of its application
for permit transfer to the DEP and the SJRWMD, and that the Buyer has submitted
a signed and executed copy of its contract for sale within 60 days of the
Commissions Order approving the transfer.
