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State of Florida
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Public Service Commission
Capital Circle Office Center ● 2540 Shumard
Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
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DATE:
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March 20, 2025
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TO:
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Office of Commission Clerk (Teitzman)
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FROM:
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Division of Engineering (Lewis, Ramos)
Division of Accounting
and Finance (Bardin, Cicchetti, Norris, Sewards)
Division of Economics (Sibley,
Bruce)
Office of the General
Counsel (Thompson, Crawford)
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RE:
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Docket No. 20240118-SU – Application for
grandfather certificate to operate wastewater utility in Columbia County, by
Kirby D. Morgan, Inc.
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AGENDA:
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04/01/25 – Regular Agenda – Interested Persons May Participate
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COMMISSIONERS ASSIGNED:
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All Commissioners
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PREHEARING OFFICER:
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Clark
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CRITICAL DATES:
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None
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SPECIAL INSTRUCTIONS:
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None
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Case Background
On
May 16, 2024, the Board of County Commissioners of Columbia
County (County) adopted Resolution No. 2024R-13 (Resolution), transferring
regulation of the privately-owned, for profit water and wastewater utilities in
Columbia County to the Florida Public Service Commission (Commission).
Effective upon the adoption of the Resolution, all non-exempt water and
wastewater systems in Columbia County became subject to the provisions of
Chapter 367, Florida Statutes (F.S.). By Order No. PSC-2024-0222-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 6, 2024, Kirby D. Morgan, Inc. (Kirby Morgan or Utility)
filed an application for a certificate under grandfather rights to provide
wastewater service in Columbia County pursuant to Section 367.171(2), F.S., and
Rule 25-30.035, Florida Administrative Code (F.A.C.). Kirby Morgan’s
application was found to be deficient, and staff sent a deficiency letter to
the Utility on August 22, 2024. The Utility cured the deficiencies on January
14, 2025.
Kirby Morgan
provides wastewater service to approximately 217 residential customers, in single
family homes, located in Eastside Village. Water service is provided by Lake
City. The Utility’s service area is located in the Suwanee River Water
Management District. This recommendation addresses the application for a
grandfather wastewater certificate and rates and charges. The Commission has
jurisdiction pursuant to Section 367.171, F.S.
Discussion
of Issues
Issue 1:
Should Kirby D. Morgan, Inc.’s application for
grandfather wastewater certificate in Columbia County be acknowledged?
Recommendation:
Yes. Kirby Morgan’s application should
be acknowledged and the Utility should be issued Certificate No. 586-S, effective
May 16, 2024, to serve the territory described in Attachment A. The resultant
order should serve as Kirby Morgan’s certificate and should be retained by
the Utility. (Lewis, Bardin)
Staff Analysis:
The Utility’s application for a
certificate under grandfather rights to provide wastewater service in Columbia
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, Kirby
Morgan serves approximately 217 residential customers. 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 Kirby Morgan be granted Certificate No. 586-S to
serve the territory described in Attachment A. The resultant order should serve
as Kirby Morgan’s certificate and should be retained by
the Utility.
Issue 2:
What rates and charges should be approved for Kirby
D. Morgan, Inc.?
Recommendation:
The Utility’s monthly rates that were in effect when
the County transferred jurisdiction to the Commission, shown on Schedule No. 1,
should be approved. The Utility has no miscellaneous service charges. The rates
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 until authorized to change them by this
Commission in a subsequent proceeding. (Sibley)
Staff Analysis:
The County approved Kirby Morgan’s existing rates by Resolution No.
2011-R13 on March 17, 2011. The rates consist of a single flat rate and no
gallonage charge. On February 17, 2025, the Utility filed a revised tariff
sheet into the docket file, stating that the miscellaneous service charges tariff
sheet filed with the application erroneously contained charges the Utility did
not have the authority to charge. However,
the Utility never assessed any miscellaneous service charges to its customers. Currently,
the Utility does not have any miscellaneous service charges nor service
availability charges. In addition, the Utility does not have customer deposits.
Staff recommends that the Utility’s monthly rates that
were in effect when the County transferred jurisdiction to the Commission,
shown on Schedule No. 1, should be approved. The Utility has no miscellaneous
service charges. The rates 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 until
authorized to change them by this Commission in a subsequent proceeding.
Issue 3:
Should this docket be closed?
Recommendation:
Yes. Since there are no pending issues in this
docket, the docket should be closed upon the issuance of the final order. (Thompson)
Staff Analysis:
Yes. Since there are no pending issues in this
docket, the docket should be closed upon the issuance of the final order.
DESCRIPTION OF TERRITORY SERVED
KIRBY D.
MORGAN, INC. Wastewater Service Territory
A PART OF SECTION 34, TOWNSHIP 3 SOUTH, RANGE 17 EAST AND A PART OF
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 17 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SE¼_ OF SAID SECTION. 34 AND
RUN N 6°20'43" E ALONG THE WEST LINE THEREOF, 136.68 FEET TO THE NORTHWEST
CORNER OF LOT 17 BLOCK "A" OF EASTSIDE VILLAGE UNIT 2 FOR A POINT OF
BEGINNING. THENCE CONTINUE N 6°20'43" E, 1330. 74 FEET TO THE
SOUTHEASTERLY RIGHT-OF-WAY OF BAYA AVENUE; THENCE NORTHEASTERLY ALONG THE ARC
OF A CURVE TO THE LEFT, HAVING A RADIUS OF 1474.39, AN INCLUDED ANGLE OF 5°28 '
48", WHOSE CHORD BEARING I S N 53°33'25" E AND A CHORD DISTANCE OF
140.96 FEET; THENCE N 87°30 1 43" E
230.41 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE G.S. & F.
RAILROAD; THENCE S 52°07'56" E ALONG SAID RIGHT-OF-WAY, 162.49 FEET;
THENCE S 6°20'43" W, 483.65 FEET;
THENCE S 89°51 1
02" E, 357.36 FEET; THENCE N 13°20'19" E, 214.29 FEET TO SAID
RAILROAD RIGHT-OFWAY; THENCE S 52°07'56" E ALONG SAID RIGHT-OF-WAY,
1170.54 FEET; THENCE S 31°47'05" W, 335.04 FEET TO THE NORTHEAST CORNER OF
SUZANNE SUBDIVISION UNIT 5, According TO THE PLAT THEREOF RECORDED IN PLAT BOOK
4 PAGE 100 OF THE PUBLIC RECORDS OF COLUMBIA COUNTY, FLORIDA; THENCE CONTINUES
31°47'05" W, 129.2 FEET TO THE NORTH LINE OF SAID SECTION 3; THENCE S
89°50'36" W, 60 FEET TO THE WEST RIGHT-OF-WAY OF PEARL STREET; THENCE S 1
° 23 ' 36" E ALONG SAID RIGHT-OF-WAY 129. 6 FEET MORE OR LESS TO THE
CENTERLINE OF A CREEK; THENCE SOUTHWESTERLY ALONG THE MEANDER OF THE CENTERLINE
OF SAID CREEK, WHICH FOLLOWS NEAR TO THE FOLLOWING CHORD BEARINGS AND
DISTANCES: S 63°04'54" W, 30:86 FEET; S 26 °06'04" W, 64.19 FEET; S
80°25'24" W, 62.15 FEET; S 34°39'00" W, 29.11 FEET; S 33°57'54"
W, 50.37 FEET; S 72°18'44" W, 88.16 FEET; S 85°29 1 07" W, 62.81
FEET; N 74°00'46" W, 18.73 FEET; N
79-0 59'46" W, 23.82 FEET; S 81°11'14" W, 59.00 FEET; S
64°54'26" W, 36.3 FEET; S 51°25'14" W, 41.00 FEET; S 76°17'04"
W, 71.40 FEET TO THE SOUTHWEST CORNER OF LOT 1 OF SUZANNE SUBDIVISION UNIT 5
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT ·BOOK 4 PAGE 100 OF THE PUBLIC
RECORDS OF . COLUMBIA COUNTY, FLORIDA; THENCE CONTINUE ALONG SAID CREEK s 79 °
48 I 17 II w, 43. 15 FEET; s 27°01 I 33 II w, 30.42 FEET; N 29°30'01" W,
26.27 FEET; S 33°14'49" W, 46.87 FEET; S 68°29 1 07" W, 38.38 FEET; N
82°41'45" W, 31.13 FEET; S 55°33'23" W, 43.13 FEET; S 38°59 1
55" W, 25.00 FEET, TO THE SOUTHWEST CORNER OF LOT 3 BLOCK "D" OF
EASTSIDE VILLAGE UNIT 2 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5,
PAGES 137-137A OF THE SAID PUBLIC RECORDS; THENCE CONTINUE ALONG THE MEANDER OF
THE CENTERLINE OF SAID CREEK; S 38°59'55" W, 21.85 FEET; N 52°04'35"
W, 21.08 FEET; S 18°38'29" W, 29.62 FEET; S 67°53 1 37" W, 44.07
FEET; N 19°38'08" W, 51.61 FEET; S 80°14 1 19" W, 89.19 FEET; N
30°21'55" W, 19.42 FEET; S 62°43'43" W, 92.18 FEET; S 5°31'19"
E, 52.04 FEET; S 68°39'52" W, 81.80 FEET; N 65°04'52" W, 105.25 FEET;
S 20°53'15" W, 52.55 FEET; N 82°46'58" W, 109.19 FEET; S
66°03'58" W, 120.37 FEET; S 42°23'20" W, 86.66 FEET TO THE SOUTHWEST
CORNER OF LOT 5 OF EASTSIDE VILLAGE UNIT III AS PER PLAT THEREOF RECORDED IN
PLAT BOOK 6 PAGE 65 OFSAID PUBLIC RECORDS; THENCE CONTINUE ALONG THE MEANDER OF
SAID CENTERLINE, S 47°17'22" W, 216.25 FEET; S 34°02'02" W, 41.48
FEET; S 74°10' 53" W, 285.0 FEET; S 8°09'42" W, 19.86 FEET; S
58°21'50" W, 24.41 FEET; S 34°40'57" W, 35.69 FEET; S 8°50' 16"
W, 27 .89 FEET; S 11°25'26" E, 71.85 FEET; S 51°23'04" W, 70 .94
FEET; S 72°37'09" W, 26.37 FEET; S 55°40'39" W, 57.01 FEET; S
15°16'39" W, 61.72 FEET; S 82°45'03" W, 18.63 FEET; S 60°46'49"
W, 46.0 . FEET; S 48°33'19" W, 61.39 FEET; S 66°42'05" W, 32.29 FEET·
s 46°52'45" w, 35.78 FEET; s 39°43'00" W, 61.06 FEET TO ITS
INTERSECTION WITH THE SOUTH LINE OF THE NE¼ OF NW t OF SAID SECTION 3; THENCE S
88°52'08" W, 605.43 FEET · .. TO THE SOUTHWEST CORNER THEREOF; THENCE N 1
°49 ' 57" W ALONG THE WEST LINE OF SAID NE t OF NW L 1070.99 FEET; THENCE
N 88°56'56" E, 134 . 92 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 224. 54 FEET , A CHORD BEARING OF N
30°07'31" E, AND A CHORD DISTANCE OF 92.16 FEET, FOR AN ARC DISTANCE OF
92.83 FEET; THENCE S 30°01'43" E, 171.63 FEET TO THE SOUTHERNMOST CORNER
OF LOT 1 BLOCK "F'' OF SAID EASTSIDE VILLAGE UNIT 2; THENCE N 22°46'
18" E, 98.92 FEET; THENCE N 88°55'54" E, 860.0 FEET TO THE SOUTHEAST
CORNER OF LOT 12 OF SAID BLOCK "F"; THENCE N 1°04'06" E, 39.32
FEET; THENCE S 87°19'34" E, 193.38 FEET TO THE SOUTHEAST CORNER OF LO! 1,
BLOCK "E", OF SAID EASTSIDE VILLAGE UNIT 2; THENCE N 1°04'06" E,
83.17 FEET TO THE SOUTH LINE OF DOGWOOD DRIVE; THENCE N 88°55'54" E,
115.77 FEET; THENCE S 46°56'00" E, 22 .28 FEET; THENCE N 88°45'28" E;
67.24 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 40. 0 FEET., AN INCLUDED ANGLE OF 85 ° 20 1 31", FOR AN ARC
DISTANCE OF 59.58 FEET; THENCE N 5°53 ' 56" W, 28.20 FEET; THENCE N
6°20'43" E, 65.71 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF BLOCK
"B" OF SAID EASTSIDE VILLAGE UNIT 2; THENCE N 88°45' 28" E,
ALONG THE SOUTH LINE OF SAID LOT 2 AND EXTENDING ACROSS THE SOUTH LINE OF LOTS
3, 4, 5 AND 6 OF SAID BLOCK "B", 398.29 FEET; THENCE S 82°32 1
32" E, 94.57 FEET TO THE SOUTHEAST CORNER OF LOT 1 BLOCK "C" OF
SAID EASTSIDE VILLAGE UNIT 2; THENCE N 0°47'32" W ALONG THE EAST LINE OF SAID
LOT 1 BLOCK "C", 108.0 FEET TO THE SOUTH RIGHT-OF-WAY OF PEARL
STREET; THENCE N 82 ° 32' 32" W, 6 7. 32 FEET.; THENCE N 87°45'10" W,
100.66 FEET; THENCE N 0°30'09" E, 11.02 FEET TO THE CENTERLINE OF PEARL
STREET; THENCE S 88°45'28" W ALONG SAID CENTER.LINE, 332.02 FEET; THENCE N
6°20'43" E, 13 . 51 FEET; THENCE N 83°39' 17" W, 144.0 FEET TO THE
POINT OF BEGINNING.
FLORIDA PUBLIC SERVICE COMMISSION
authorizes
Kirby D. Morgan, Inc.
pursuant to
Certificate Number 586-S
to provide wastewater service in
Columbia 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
* * 20240118-SU Grandfather Certificate
*Order Number
and date to be provided at time of issuance.
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Kirby
D. Morgan, Inc.
Monthly
Wastewater Rates
Residential
and General Service
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Base Facility Charge by Meter Size
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Flat Rate
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$44.09
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