Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.091 - Petition to Revoke Water Certificate of Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose. The purpose of this rule is to
				establish a process by which customers of investor-owned drinking water
				utilities may petition the Commission to revoke a utility's certificate of
				authorization pursuant to Section
				 367.072, F.S.
(2) Pursuant to Section
				 367.0812(3),
				F.S., customers may not petition the Commission to revoke a utility's water
				certificate of authorization if the utility is the subject of a proceeding
				under Chapter 367, F.S. For the purposes of this rule, a proceeding under
				Chapter 367, F.S., means any rate proceeding in which quality of water service
				is addressed, such as a general rate proceeding under Section
				 367.081, F.S., a staff assisted
				rate proceeding under Section
				 367.0814, F.S., or a limited
				proceeding under Section
				 367.0822, F.S. A general rate
				proceeding under Chapter 367, F.S., is initiated upon the utility's filing of a
				request for approval of a test year pursuant to Rule
				 25-30.430, F.A.C. Other rate
				proceedings under Chapter 367, F.S., are initiated upon the utility's filing of
				an application for rate relief.
(3)
				Letter of Intent. Utility customers who intend to petition the Commission for
				revocation of their utility's certificate of authorization pursuant to Section
				 367.072, F.S., shall notify the
				Commission in writing of their intent to file a petition for revocation of
				certificate. In the letter of intent, the customers shall advise the Commission
				of the name and address of their water utility. The letter of intent shall be
				filed with the Office of Commission Clerk.
(4) Within 10 days after receipt of the
				letter of intent, the Commission staff will notify the utility of the
				customers' intent to file a petition for revocation of its certificate of
				authorization.
(5) In the
				notification letter to the utility, the Commission staff will request that the
				utility certify, within 30 days after receipt of the notification letter, the
				number of water customers the utility serves by counting its service
				connections, and provide staff with a list of its customers' names and
				addresses.
(6) If the utility fails
				to certify the number of customers it serves by the date requested in the
				notification letter, Commission staff will utilize the number of customers
				reported by the utility in its most recent annual report on file with the
				Commission to evaluate the sufficiency of the petition pursuant to Section
				 367.072(1)(b),
				F.S.
(7) Upon receipt of the
				utility's response to the Commission staff's request to certify the number of
				customers the utility serves, or, if the utility fails to respond to the
				Commission staff's request to certify the number of customers the utility
				serves, upon the expiration of 30 days from the utility's receipt of the
				Commission staff's request, the Commission staff will send the following
				materials to customers who file a letter of intent pursuant to subsection (3)
				of this rule:
(a) "Instructions for
				Petitioning for Revocation of Water Certificate, " (EFF. 12/14), which are
				incorporated herein by reference and are available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04971
;
(b) Form PSC 1000 (12/14), entitled "Florida
				Public Service Commission: Petition to Revoke the Certificate of Authorization
				of [Utility Name], " which petition form the customers must copy and use for
				the collection of signatures to be submitted to the Commission. A sample of
				Form PSC 1000 (12/14) is incorporated herein by reference for informational
				purposes only, and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-04972
.
				The sample petition form incorporated herein must not be used for the
				collection of signatures;
(c) A
				copy of Section  367.072, F.S.;
(d) A copy of this rule; and
(e) A copy of the state primary and secondary
				drinking water standards, as contained in Rule
				 62-550.828,
				F.A.C.