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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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June 24, 2026
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TO:
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Office of Commission Clerk (Teitzman)
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FROM:
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Office of the General Counsel (Sapoznikoff)
SMC
Division of Economics (Hampson,
Guffey) EJD
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RE:
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Docket No. 20260038-OT – Proposed amendment
of Rules 25-9.001, Application and Scope; 25-9.004, General Filing Instructions;
25-9.006, Size and Form of Tariffs; 25-9.007, Gas - Electric - Water -
Wastewater Utility Tariffs; 25-9.009, Numbering and General Data Required for
Each Sheet; 25-9.010, Numbering of Supplements and Additions; 25-9.021, Title
Page; 25-9.023, Description of Territory Served; 25-9.029, Index of Rate or
Exchange Schedules; 25-9.033, Standard Forms; 25-9.034. Contracts and
Agreements, 25-9.045, Withdrawal of Tariffs; 25-9.051, Definitions; 25-9.054,
Size and Form of Documentation; 25-9.055, Electric Utility Documentation;
25-9.061, Title Page; and 25-9.069, Standard Forms and Blank Bill Form,
F.A.C.
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AGENDA:
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07/07/26 – Regular Agenda – Rule Proposal – 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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Ortega
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RULE STATUS:
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Proposal May Be Deferred
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CRITICAL DATES:
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09/21/26 (Rule must be proposed by this date pursuant to
Section 120.54(2)(a)2., F.S.)
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SPECIAL INSTRUCTIONS:
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None
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Case Background
In 2025, the
Legislature amended Chapter 120, Florida Statutes, to require each agency to
review all of its rules over a five-year period. This recommendation addresses
the following rules that were identified in the Commission’s rule review as
part of the rules needing amendment:
·
Rule 25-9.001, F.A.C. Application and Scope
·
Rule 25-9.004, F.A.C. General Filing Instructions
·
Rule 25-9.006, F.A.C. Size and Form of Tariffs
·
Rule 25-9.007, F.A.C. Gas - Electric - Water - Wastewater Utility Tariffs
·
Rule 25-9.009, F.A.C. Numbering and General Data Required for Each Sheet
·
Rule 25-9.010, F.A.C. Numbering of Supplements and Additions
·
Rule 25-9.021, F.A.C. Title Page
·
Rule 25-9.023, F.A.C. Description of Territory Served
·
Rule 25-9.029, F.A.C. Index of Rate or Exchange Schedules
·
Rule 25-9.033, F.A.C. Standard Forms
·
Rule 25-9.034, F.A.C. Contracts and Agreements
·
Rule 25-9.045, F.A.C. Withdrawal of Tariffs
·
Rule 25-9.051, F.A.C. Definitions
·
Rule 25-9.054, F.A.C. Size and Form of Documentation
·
Rule 25-9.055, F.A.C. Electric Utility Documentation
·
Rule 25-9.061, F.A.C. Title Page
·
Rule 25-9.069, F.A.C. Standard Forms and Blank Bill Form
These rule
address the construction and filing of tariffs by public utilities, and include
all of the rules in Chapter 25-9, F.A.C., that were not repealed as part of the
rulemaking in Docket 20260040-OT, which the Commission considered at the
June 2, 2026, Agenda Conference.
The Commission’s
Notices of Development of Rulemaking were published in Volume 52, Number 57, of
the Florida Administrative Register on March 24, 2026. No one requested a
workshop. However, the Florida Electric Cooperatives Association (FECA) submitted
written comments that are incorporated in the draft amendments.
This
recommendation addresses whether the Commission should propose the amendment of
Rules 25-9.001, 25-9.004, 25-9.006, 25-9.007, 25-9.009, 25-9.010, 25-9.021,
25-9.023, 25-9.029, 25-9.033, 25-9.034, 25-9.045, 25-9.051, 25-9.054, 25-9.055,
25-9.061, and 25-9.069, F.A.C. The Commission has jurisdiction pursuant to Section
120.54, 350.127(2), 366.05(1), and 367.121, Florida Statutes.
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rules
25-9.001, 25-9.004, 25-9.006, 25-9.007, 25-9.009, 25-9.010, 25-9.021, 25-9.023,
25-9.029, 25-9.033, 25-9.034, 25-9.045, 25-9.051, 25-9.054, 25-9.055, 25-9.061,
and 25-9.069, F.A.C.?
Recommendation:
Yes. The Commission should propose the amendment of
Rules 25-9.001, 25-9.004, 25-9.006, 25-9.007, 25-9.009, 25-9.010, 25-9.021,
25-9.023, 25-9.029, 25-9.033, 25-9.034, 25-9.045, 25-9.051, 25-9.054, 25-9.055,
25-9.061, and 25-9.069, F.A.C., as set forth in Attachment A. The Commission
should also certify the rules as minor violation rules. (Sapoznikoff, Hampson, Guffey)
Staff Analysis:
The purpose of this rulemaking is to amend the rules
in Chapter 25-9, F.A.C., to update and clarify the rules to reflect current
practice and use. Staff recommends the Commission should propose the amendment
of the rules as set forth in Attachment A.
Staff is recommending minor amendments to all the rules to
update the rule language to comply with current standards and make them more
readable. Staff’s recommendations for Rules 25-9.001, 25-9.007, 25-9.009,
25-9.051, 25-9.055, F.A.C., remove references to rules that were repealed as
part of the rulemaking in Docket 20260040-OT. In addition, in Rule 25-9.004,
F.A.C., staff’s recommendations clarify that tariffs may be filed either in
hard copy or electronically, and in Rule 25-9.006, F.A.C., staff’s
recommendations remove reference to obsolete technology and reference current
technology. Based on comments from FECA, in Rule 25-9.034, F.A.C., staff’s
recommendations remove reference to an obsolete organization.
Minor Violation Rule Certification
Pursuant to Section 120.695,
F.S., for each rule filed for adoption, the agency head shall certify whether
any part of a rule is designated as a rule the violation of which would be a
minor violation. Under Section 120.695(2)(b), F.S., a violation of a rule is
minor if it does not result in economic or physical harm to a person or
adversely affect the public health, safety, or welfare or create a significant
threat of such harm. Rules 25-9.001, 25-9.004, 25-9.006, 25-9.007, 25-9.009,
25-9.010, 25-9.021, 25-9.023, 25-9.029, 25-9.033, 25-9.034, 25-9.045, 25-9.051,
25-9.054, 25-9.055, 25-9.061, and 25-9.069, F.A.C., are all currently listed as
minor violation rules, and staff recommends that all should remain listed as
minor violation rules by the Commission. These rules are minor violation rules
because the violation of any of them would not result in economic or physical
harm to a person, cause an adverse effect on the public health, safety, or
welfare, or create a significant threat of such harm. Therefore, for the
purposes of filing the rules for adoption with the Department of State, staff
recommends that the Commission certify all the above-mentioned rules as minor
violation rules.
Statement of Estimated Regulatory Costs
Section 120.54(3)(b)1., F.S.,
encourages agencies to prepare a Statement of Estimated Regulatory Costs (SERC)
before the adoption, amendment, or repeal of any rule. A SERC was prepared for
each rule in this rulemaking and they are appended as Attachment B. As required
by Section 120.541(2)(a)1., F.S., the SERC analysis includes whether the rule
amendments are individually likely to have an adverse impact on economic
growth, private sector job creation or employment, or private sector investment
in excess of $1 million in the aggregate within five years after
implementation.
The SERCs conclude that the
amendments of any of 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 SERCs conclude that the rule amendments
will likely not increase regulatory costs, including any transactional costs,
or have an adverse impact on business competitiveness, productivity, or
innovation, in excess of $1 million in the aggregate within five years of
implementation. Thus, pursuant to Section 120.541(3), F.S., none of the rules
require legislative ratification.
In addition, the SERCs do not
indicate that the amendment of any of the rules would have an adverse impact on
small businesses, would have any implementation or enforcement costs on the
Commission or any other state or local government entity, or would have any
impact on small cities or small counties. The SERCs state that there will be no
transactional costs likely to be incurred by individuals and entities required
to comply with the requirements. None of the impact/cost criteria established
in Section 120.541(2)(a), F.S., will be exceeded as a result of any of the
rules. Finally, the SERCs indicate that there are no market impacts likely to
result from compliance with the proposed rules.
Conclusion
Based on the foregoing, staff
recommends that the Commission should propose the amendment of Rules 25-9.001,
25-9.004, 25-9.006, 25-9.007, 25-9.009, 25-9.010, 25-9.021, 25-9.023, 25-9.029,
25-9.033, 25-9.034, 25-9.045, 25-9.051, 25-9.054, 25-9.055, 25-9.061, and 25-9.069,
F.A.C., as set forth in Attachment A. Staff also recommends the Commission
certify all the rules as minor violation rules.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing are made or comments
from the Joint Administrative Procedures Committee (JAPC) are filed, and no
proposals for lower cost regulatory alternatives are submitted pursuant to
Section 120.541(1)(a), F.S., then all the rules addressed by this docket should
be filed with the Department of State for adoption and the docket should be
closed. (Sapoznikoff)
Staff Analysis:
If no request for hearing is made or comments from
JAPC are filed, and no proposals for a lower cost regulatory alternatives are
submitted pursuant to Section 120.541(1)(a), F.S., then all the rules in this
docket should be filed with the Department of State for adoption and the docket
should be closed.
25-9.001 Application and Scope.
The
provisions of Rules 25-9.002 through 25-9.045 shall only apply only
to public utilities as defined in subsection 25-9.002(2), F.A.C., and the
provisions of Rules 25-9.051 through 25-9.070 25-9.071,
F.A.C., shall apply only to a utility municipalities
and cooperatives as defined in subsection 25-9.051(2), F.A.C.
Rulemaking
Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.04(2)(b),
366.0591), 367.091, 367.101 FS. History-New 1-8-75, Repromulgated 10-22-75.
Amended 8-9-79. Formerly 25-9.1, Amended 2-23-86, 1-8-95, 1-25-09, 12-30-15,
_____.
25-9.004
General Filing Instructions.
(1) Each utility must shall
file with the Commission, either electronically or with a hardcopy delivered
to the Clerk’s office, tariffs applicable to all territory served by it,
showing all rates, classifications, and charges for service subject to the
jurisdiction of the Commission furnished by the utility, and all related
rules and regulations, relating thereto except that the rates and
charges for a specific item of equipment and/or special service arrangements
for an individual customer need not be filed where the utility’s tariff
provides the basis for such charge.
(2) All tariffs, as well as any
supplements, revisions, modifications, or changes to any portion must thereof
shall be submitted to the Commission in quadruplicate and in the
form prescribed in these rules herein. After acceptance, one
stamped copy will be returned to the utility, which shall be the notice to the
utility, that the filing has been accepted and approved.
(3) All tariff-related material
submitted to the Commission must be accompanied by a letter of transmittal that
lists the sheets being transmitted. If acknowledgment of the filing is
requested, the letter of transmittal must be sent in duplicate with a request
that the duplicate be returned.
(4)(3) If a utility
furnishes more than one kind of utility service, (e.g., gas and electricity,
gas and water, water and wastewater, etc.), a separate tariff must be
filed for each kind of service.
(4) All tariff-related material
submitted to the Commission shall be accompanied by a letter of transmittal
which lists the sheets being transmitted.
(5) If acknowledgment of the filing
be desired, the letter of transmittal shall be sent in duplicate with a request
that the duplicate be returned.
Rulemaking Authority
350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091 FS.
History–New 1-8-75, Repromulgated 10-22-75, Formerly 25-9.04. Amended _____.
25-9.006
Size and Form of Tariffs.
(1) All tariffs filed under
these rules must shall be submitted in loose leaf form on 8 1/2''
x 11'' sheets, printed, typewritten, word-processed, mimeographed
or produced by similar process, on a good grade of bond paper of durable
quality, using one side of the paper only. All copies must be clear and legible
and have a sufficient margin shall be so allowed on each
sheet to allow for a left-hand binding edge, so that when the
rate book is open all printed matter will be in view.
(2) The Commission does not furnish
blank forms for rate schedules nor binders for rate books. The utility shall
supply durable binders for this purpose.
Rulemaking Authority
350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091, 367.121
FS. History–New 1-8-75, Repromulgated 10-22-75, Formerly 25-9.06. Amended
_____.
25-9.007
Gas - Electric - Water - Wastewater Utility Tariffs.
Tariffs for gas, electric, water, and wastewater utilities must
shall consist include, where applicable of, the following
sections, as applicable, in the following order named:
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Ref. Rule
No.
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(1)
Front cover
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25-9.020
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(1)(2) Title page
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25-9.021
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(2)(3) Table of contents
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25-9.022
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(3)(4) Description General of the territory served
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25-9.023
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(4)(5) Miscellaneous
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25-9.024
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(5)(6) Technical terms and abbreviations
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25-9.025
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(6)(7) Index of rules and regulations
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25-9.026
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(7)(8) Rules and regulations
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25-9.027
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(8)(9) List of communities served
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25-9.028
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(9)(10) Index of rate schedules
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25-9.029
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(10)(11) Rate schedules
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25-9.030
& 25-9.031
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(11)(12) Index of standard forms
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25-9.033
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(12)(13) Standard forms
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25-9.033
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(13)(14) Contracts and agreements
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25-9.034
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(15)
Back cover
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Rulemaking Authority 366.05(1), 367.121
FS. Law Implemented 366.05(1), 367.121 FS. History–New 1-8-75, Repromulgated
10-22-75, Formerly 25-9.07. Amended_____.
25-9.009
Numbering and General Data Required for Each Sheet.
The numbering and general data required
by this rule and listed below must shall appear on each sheet in
the rate book, except excepting for the front and back
covers and the individual sheets of special contracts.
(1) Every sheet (or page) in the rate
book must shall be numbered. While any system that which
provides for an orderly arrangement of the tariff is acceptable, it is
suggested that, in the interest of uniformity the Commission suggests,
all utilities give consideration to the following recommended
procedures:
(a) Those utilities subject to Rule 25-9.001
25-9.007, F.A.C., must should employ a decimal system of
numbering, so that any new or additional material can may be
inserted in the logical place in the proper section of the tariff.
(b) Utilities of any classification, the
size of whose tariffs are only a limited to relatively few
pages, can may, at their option, employ a simple consecutive
sheet numbering system.
(2) Each sheet must shall
bear the name of the utility which shall appear in the upper left-hand
corner of the sheet.
(3) The first FIRST issue
of each sheet in the rate book must be marked “Original Sheet” in the upper right
right-hand corner of the sheet. For example As an example:
Original Sheet No. 1, or Original Sheet No. 5.2.
(4) Revised sheets in the rate book must
shall be marked with the serial number of the revision in the upper
right-hand corner and the number of the sheet it replaces. As an example:
First Revised Sheet No. 1
Cancels Original Sheet No. 1
or
Fourth Revised Sheet No. 5.2
Cancels Third Revised Sheet No. 5.2
(5)
The name and title of the issuing officer of the utility must appear at the
bottom of each sheet. At the bottom of each sheet shall appear the name
and title of the issuing officer of the utility.
Rulemaking Authority
350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05, 367.091 FS.
History–New 1-8-75, Repromulgated 10-22-75, Formerly 25-9.09, Amended 1-25-09,
_____.
25-9.010
Numbering of Supplements and Additions.
(1) When new or additional service
classifications or rate schedules are to be established, the sheets containing
such classifications or schedules must shall follow the last
sheets in the rate schedule section of the appropriate classification and be
given the next consecutive sheet number or numbers. Letter suffixes must
shall not be used in numbering service classifications or rate
schedules. Instead, an additional decimal point and number must be added
when the last number increases sequentially with extra sheets.
(2) When revisions or additions to
existing schedules or sheets require more space, one or more sheets must
shall be issued to which the same sheet number must be given with a
letter suffix. : Ffor example, if changes are
be made in Original Sheet No. 5.2 and more than one sheet is required to
show the changed or new matter, the new sheet must shall be
issued as First Revised Sheet No. 5.2.1 A, etc.
Rulemaking Authority 350.127(2),
366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091 FS. History–New
1-8-75, Repromulgated 10-22-75, Formerly 25-9.10. Amended _____.
25-9.021
Title Page.
The title sheet must shall
identify the volume as the rate book or tariff filed by the particular
utility with the Florida Public Service Commission governing the sale of the
specific utility service provided. be a repetition of the front cover
except that Iit must shall be marked as Sheet
No. 1 of the rate book in the (upper right right-hand
corner) and must shall display have thereon
the general information required by Rule 25-9.009, F.A.C., of these
regulations.
Rulemaking Authority
350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091 FS.
History–New 1-8-75, Formerly 25-9.21. Amended _____.
25-9.023
Description of Territory Served.
(1) The utility must provide a A
brief, general description and/or map(s) (8 1/2'' x 11'' inches)
of the territory or territories it serves by the utility shall
be provided in this section.
(2) Where the brevity of the
description permits, this data can be placed on the title page (Rule 25-9.021,
F.A.C., above), in which case this section can may be
omitted.
Rulemaking Authority
350.127(2), 366.05(1), 367.121 FS. Law Implemented 364.04, 366.05(1), 367.121
FS. History–New 1-8-75, Formerly 25-9.23. Amended _____.
25-9.029
Index of Rate or Exchange Schedules.
(1) This section must shall provide an index to
facilitate prompt reference to any particular rate schedule.
(2) When In cases where the rate sections for which
this index is provided contain less than twelve (12) sheets, this section can
may be omitted.
Rulemaking Authority
350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091 FS.
History–New 1-8-75, Formerly 25-9.29, Amended 1-25-09, _____.
25-9.033
Standard Forms.
(1) An exact copy of all standard forms
(uniform contracts, agreements, riders, service applications, service extension
agreement or other form), pertaining to subscribers’ and/or
customers’ services, must shall be included in this section.
(2) All such forms must shall
be given a number so that reference can be made to them.
(3) When any such form is changed,
altered, or amended, the revised issue must shall be filed with
the Commission.
(4) In this section, the utility
must provide a detailed index of its forms. If such standard forms are
numerous, this section shall be prefaced with an index as provided in Rule 25-9.008,
F.A.C.
Rulemaking Authority
366.05(1), 367.121 FS. Law Implemented 366.05(1) FS. History–New 1-8-75,
Formerly 25-9.33. Amended _____.
25-9.034
Contracts and Agreements.
(1) When Wherever a utility
enters a special contract is entered into by a utility for the sale
of its product or services in a manner or subject to the provisions not
specifically covered by its filed regulations and standard approved rate
schedules, such contract must be approved by the Commission prior to its
execution. Accompanying each contract shall be Completed and
detailed justification for the deviation from the utility’s filed regulations
and standard approved rate schedules must accompany each such contract.
If the Commission approves such special contracts are approved by the
Commission, a conformed copy of the contract must shall be
placed on file with the Commission before its effective date.
The provisions of this rule do shall not apply to
contracts or agreements governing the sale or interchange of commodity or
product by or between a public utility and a municipal electric utility municipality
or R.E.A. a rural cooperative organized under Chapter 425,
Florida Statutes but shall otherwise have application.
(2) Each utility must make provision
to file with the Commission a conformed copy of all such special contracts that
which are currently in effect but and which have not been
previously filed.
(3) If the number and size of such
special contracts warrant, they may be placed in a separate binder.
Rulemaking Authority
366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.121 FS. History–New
6-27-73, Repromulgated 1-8-75, Formerly 25-9.34.
25-9.045
Withdrawal of Tariffs.
(1) Every public utility
desiring to withdraw or cancel any tariff or any provision of a tariff which is
considered no longer effective or necessary must shall file with
the Commission an informal application setting forth its reasons to withdraw or
cancel such tariff or tariff provision, and requesting permission to
withdraw same, and providing a type-and-strike (legislative) version of the
tariffs to be withdrawn.
(2) A public utility may also
reserve a tariff sheet for future use, rather than withdrawing the sheet
entirely.
Rulemaking Authority
364.20, 366.05, 367.121, 368.05 FS. Law Implemented 366.04, 366.06, 367.081,
367.121, 368.105 FS. History–New 1-8-75, Formerly 25-9.45. Amended______.
25-9.051
Definitions.
For the purposes of Rules 25-9.051
through 25-9.070 25-9.071, F.A.C., the following definitions shall
apply:
(1) “Commission” refers to the Florida
Public Service Commission.
(2) “Utility” refers to a the
municipal electric utility utilities or and a
rural electric cooperative organized under Chapter 425, Florida Statutes
cooperatives subject to the jurisdiction of this Commission pursuant to
Section 366.04(2), F.S.
(3) “Rate” refers to the price or
charge for utility service.
(4) “Rate schedules” refer to the rate
for a particular classification of service and the provisions necessary for
billing, including all special terms and conditions under which service shall
be furnished at such rate or charge.
(5) “Contracts and agreements” refer to
the special contracts entered into by the utility for the sale of electricity
to consumers in a manner or subject to provisions not specifically covered by
its submitted rate schedules.
(6) “Documentation” refers to the
assembled volume containing the materials required by Rules 25-9.054 through 25-9.070
25-9.071, F.A.C.
(7) “Rate structure” refers to the
classification system used in justifying different rates between various
customer classes.
(8) “Customer class” refers to any
group of customers distinguishable from other customers by load, consumption or
other characteristic.
Rulemaking Authority
366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Amended
5-3-83, Formerly 25-9.51, Amended 12-30-15.
25-9.054
Size and Form of Documentation.
(1) All documentation filed
under these rules must shall be submitted in loose leaf form on 8
1/2'' × 11'' sheets, typewritten, word-processed, mimeographed or
produced by similar processes on a good grade of bond paper of durable quality,
using one side of the page only. All copies must be clear and legible and have
a sufficient margin shall be so allowed across on each
sheet to allow for a left-hand binding edge so that when the book is
opened all printed material will be in view.
(2) The Commission does not furnish
blank forms for rate schedules nor binders for rate books. The utility shall
supply durable binders for this purpose.
Rulemaking Authority
366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly
25-9.54. Amended _____.
25-9.055
Electric Utility Documentation.
Documentation for electric utilities must shall include,
where appropriate, of the following sections, as applicable, in
the following order named:
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Reference Rule No.
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(1) Front Cover
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25-9.060
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(1)(2) Title Page
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25-9.061
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(2)(3) Table of
Contents
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25-9.062
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(3)(4) General Description
of Territory Served
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25-9.063
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(4)(5) Miscellaneous
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25-9.064
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(5)(6) List of
Communities Served
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25-9.065
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(6)(7) Index of Rate Schedules
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25-9.066
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(7)(8) Rate Schedules
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25-9.067
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(8)(9) Standard Forms
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25-9.069
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(9)(10) Contracts and Agreements
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25-9.070
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(11) Back Cover
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25-9.071
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Rulemaking Authority
366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly
25-9.55. Amended _____.
25-9.061
Title Page.
The title page must shall
identify the volume as the rate book or tariff filed by the particular
utility with the Florida Public Service Commission governing the sale of the
specific utility service provided. be a repetition of the front cover
except that Iit must shall be marked as Sheet
No. 1 of the rate book in the (upper right corner) and must
shall display have thereon the general information required
by Rule 25-9.056, F.A.C. of these regulations.
Rulemaking Authority
366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly
25-9.61. Amended _____.
25-9.069
Standard Forms and Blank Bill Form.
An exact copy of all standard forms and
a blank bill form of each schedule must will be shown.
Rulemaking Authority
366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-69, Formerly
25-9.69. Amended _____.
