Case Background
On
May 28, 2024, the Board of County Commissioners of Citrus County (County)
passed and adopted Resolution No. 2024-040 (Resolution), transferring
regulation of the privately-owned, for profit water and wastewater utilities in
Citrus County to the Florida Public Service Commission (Commission). Effective
upon the adoption of the Resolution, all non-exempt water and wastewater
systems in Citrus County became subject to the provisions of Chapter 367,
Florida Statutes (F.S.). By Commission Order No. PSC-2024-0267-FOF-WS, the
Commission acknowledged the Resolution.
Pursuant
to Section 367.171(2)(b), F.S., each utility engaged in the operation or
construction of a system shall be entitled to receive a certificate for the
area served by such utility on the day the chapter becomes applicable to the
utility. On August 2, 2024, Citrus Waterworks, Inc. (Citrus or Utility) filed
an application for a certificate under grandfather rights to provide water
service in Citrus County pursuant to Section 367.171(2), F.S., and Rule
25-30.035, Florida Administrative Code (F.A.C.). Citrus’ application was found
to be deficient, and staff sent a deficiency letter to the Utility on August
28, 2024. The Utility cured the deficiencies on September 30, 2024.
Citrus provides
water service to approximately 157 residential customers, in single family and
mobile homes, located in two communities, Blackwater Heights and Ellsworth
Point. Citrus also services one general service customer. Wastewater service is
provided by septic tank. The Utility’s service area is located in the Southwest
Florida Water Management District. This recommendation addresses the application
for a grandfather water certificate and rates and charges. The Commission has
jurisdiction pursuant to Section 367.171, F.S.
Discussion
of Issues
Issue 1:
Should Citrus
Waterworks, Inc.’s application for a grandfather water certificate in Citrus
County be acknowledged?
Recommendation:
Yes.
Citrus’ application should be acknowledged and the Utility should be issued
Certificate No. 684-W, effective May 28, 2024, to serve the territory described
in Attachment A. The resultant order should serve as Citrus’ certificate and
should be retained by the Utility. (P. Buys, Bardin)
Staff Analysis:
The
Utility’s application for a certificate under grandfather rights to provide
water service in Citrus County is in compliance with Section 367.171(2)(b),
F.S., and Rule 25-30.035, F.A.C. The application contains a warranty deed as
proof of ownership of the land on which the Utility’s facilities are located,
an accurate territory description, and adequate service territory and system
maps. The territory description is provided in Attachment A.
As stated in the case background,
Citrus serves approximately 157 residential customers and one general service
customer. The Utility does not currently have any outstanding citations,
violations, or consent orders on file with the Florida Department of
Environmental Protection.
The Utility is aware of its obligation
to submit its 2024 Annual Report pursuant to Rule 25-30.110, F.A.C., and is
also aware of its obligation to pay regulatory assessment fees pursuant to Rule
25-30.120, F.A.C. In addition, the Utility is aware that it must maintain its
books and records according to the National Association of Regulatory Utility
Commissioners’ Uniform System of Accounts.
Based on the above, staff recommends
that Citrus be granted Certificate No. 684-W to serve the territory described
in Attachment A. The resultant order should serve as Citrus’ certificate and
should be retained by the Utility.
Issue 2:
What rates
and charges should be approved for Citrus Waterworks, Inc.?
Recommendation:
The Utility’s
monthly rates and charges that were in effect when Citrus County transferred
jurisdiction to the Commission, shown on Schedule No. 1, should be approved. The
rates and charges should be effective for service rendered on or after the
stamped approval date on the tariff sheets pursuant to Rule 25-30.475, F.A.C.
The Utility should be required to charge the approved rates and charges until
authorized to change them by this Commission in a subsequent proceeding. (Bethea)
Staff Analysis:
According to the Utility’s
application, Citrus County Water and Wastewater Authority approved the rates by
Amended Final Order No. 24-02 on January 29, 2024. The county-approved final
order and existing tariff sheets were provided in support of the Utility’s
authorized rates. The rates include a base facility charge and per 1,000
gallonage charge. The Utility’s charges have been in effect since the Utility
was acquired by the existing owner. Citrus Waterworks charges include
miscellaneous service charges and service availability charges, which include a
service availability policy. In addition, the Utility has customer deposits.
The current rates and charges are consistent with Commission rules.
Staff recommends that the Utility’s rates and charges that
were in effect when Citrus County transferred jurisdiction to the Commission,
shown on Schedule No. 1, should be approved. The rates and charges should be
effective for service rendered on or after the stamped approval date on the
tariff sheets pursuant to Rule 25-30.475, F.A.C. The Utility should be required
to charge the approved rates and charges until authorized to change them by
this Commission in a subsequent proceeding.
Issue 3:
Should this docket be closed?
Recommendation:
If no person whose substantial
interests are affected by the proposed agency action portion of this
recommendation files a protest within 21 days of the issuance of the order, a
consummating order should be issued. The docket should remain open for staff’s
verification that the revised tariff sheets have been filed by the Utility and
approved by staff. Once this action is complete, this docket should be closed
administratively. (Imig, Farooqi)
Staff Analysis:
If no person whose substantial
interests are affected by the proposed agency action portion of this
recommendation files a protest within 21 days of the issuance of the order, a
consummating order should be issued. The docket should remain open for staff’s
verification that the revised tariff sheets have been filed by the Utility and
approved by staff. Once this action is complete, this docket should be closed
administratively.
DESCRIPTION
OF TERRITORY SERVED
Citrus Waterworks, North Service
Territory
Commence at the
Southwest corner of Section 06, Township 17 North, Range 18 East, Citrus
County, Florida, thence run South 89° 19' 22.8" West 140.36 feet to the
Point of Beginning; then continue South 81° 08' 26.09" West 189.92 feet,
thence South 88° 26' 20.64" West 241.963 feet, thence North 45° 13'
22.40" West 95.085 feet, thence South 88° 55' 20.44" West 723.842
feet, thence run South 00° 18' 05.53" East 561.552 feet, thence run North
89° 37' 49.55" East 1211.924 feet, thence run North 00° 37' 43.04"
East 536.241 feet, to the Point of Beginning.
Citrus Waterworks, South Service
Territory
Commence at the
Southwest corner of Section 06, Township 17 North, Range 18 East, Citrus
County, Florida, thence run South 01° 02' 38.27'' West 1241.582 feet to the
Point of Beginning; then run South 88° 21' 51.33" West 2452.461 feet,
thence South 53° 51 ' 48.07" West 305.526 feet, thence South 0l° 18'
01.87" East 1152.143 feet, thence North 88° 44' 58.21" East 2675.942
feet, thence run North 00° 08' 18.35" West 1343.630 feet to the Point of
Beginning.
FLORIDA PUBLIC SERVICE COMMISSION
authorizes
Citrus Waterworks, Inc.
pursuant to
Certificate
Number 684-W
to provide water
service in Citrus 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
* *
20240111-WU Grandfather Certificate
*Order Number and date to be
provided at time of issuance.
