Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.034 - Application for Original Certificate of Authorization for Existing Utility Currently Charging for Service

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				applicant for an original certificate of authorization for an existing utility
				currently charging for service, other than an application filed under Section
				 367.171, F.S., shall file with
				the Commission Clerk the information set forth in paragraphs (a) through (o)
				and, if applicable, paragraphs (2)(a) through (c). Form PSC 1002 (12/15),
				entitled "Application for Original Certificate of Authorization for Existing
				Utility Currently Charging for Service, " which is incorporated by reference in
				this rule and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06238
,
				is an example application that may be completed by the applicant and filed with
				the Office of Commission Clerk to comply with this subsection. This form is
				also available on the Commission's website,
www.floridapsc.com
.
(a) A filing fee pursuant to paragraph
				 25-30.020(2)(a),
				F.A.C.;
(b) Proof of noticing
				pursuant to Rule  25-30.030, F.A.C.;
(c) The utility's name, address, telephone
				number, Federal Employer Identification Number, authorized representative, and
				if available, email address and fax number;
(d) The nature of the utility's business
				organization, i.e., corporation, limited liability company, partnership,
				limited partnership, sole proprietorship, association. The applicant must
				provide documentation from the Florida Department of State, Division of
				Corporations, showing:
1. The utility's
				business name and registration/document number for the business, unless
				operating as a sole proprietor; and,
2. The utility's fictitious name and
				registration number for the fictitious name, if operating under a fictitious
				name;
(e) The name(s),
				address(es), and percentage of ownership of each entity or person which owns or
				will own more than a 5 percent interest in the utility;
(f) A statement indicating whether the
				application is for water, wastewater, or both. If the applicant is applying for
				water or wastewater only, the statement shall include how the other service is
				provided;
(g) A description of the
				types of customers served, i.e., single family homes, mobile homes, duplexes,
				golf course clubhouse, or commercial;
(h) A schedule showing the number of
				customers currently served, by class and meter size, as well as the number of
				customers projected to be served when the requested service territory is fully
				developed;
(i) To demonstrate that
				the applicant has the necessary financial ability to continue to provide
				service to the proposed service area, the applicant shall provide:
1. A detailed financial statement (balance
				sheet and income statement), audited if available, of the financial condition
				of the applicant, which shows all assets and liabilities of every kind and
				character. The financial statements shall be for the preceding calendar or
				fiscal year. The financial statement shall be prepared in accordance with Rule
				 25-30.115, F.A.C. If available,
				a statement of the sources and uses of funds shall also be provided;
2. A list of all entities, including
				affiliates, upon which the applicant is relying to provide funding to the
				utility and an explanation of the manner and amount of such funding. The list
				need not include any person or entity holding less than 5 percent ownership
				interest in the utility. The applicant shall provide copies of any financial
				agreements between the listed entities and the utility and proof of the listed
				entities' ability to provide funding, such as financial
				statements;
(j) To
				demonstrate the technical ability of the applicant to provide service, the
				applicant shall provide the following:
1. A
				statement of the applicant's experience in the water and wastewater
				industry;
2. A copy of all current
				permits from the Department of Environmental Protection (DEP) and the water
				management district;
3. A copy of
				the most recent DEP and/or county health department sanitary survey, compliance
				inspection report, and secondary standards drinking water report; and,
4. A copy of all correspondence
				with the DEP, county health department, and water management district,
				including consent orders and warning letters, and the utility's responses to
				the same, for the past five years;
(k) To describe the proposed service area,
				the applicant shall provide:
1. A legal
				description of the proposed service area in the format prescribed in Rule
				 25-30.029, F.A.C.;
2. A detailed system map showing existing and
				proposed lines and treatment facilities with the territory proposed to be
				served plotted thereon, consistent with the legal description provided in
				subparagraph (1)(k)1. above. Any territory not served at the time of the
				application shall be specifically identified on the system map. The map shall
				be of sufficient scale and detail to enable correlation with the description of
				the territory proposed to be served; and,
3. An official county tax assessment map or
				other map showing township, range, and section with a scale such as 1'' = 200'
				or 1'' = 400', with the proposed territory plotted thereon, consistent with the
				legal description provided in subparagraph (k)1. above;
(l) A statement explaining when and under
				what circumstances the applicant began providing service prior to obtaining a
				certificate of authorization;
(m)
				Documentation of the utility's right to access and continued term use of the
				land upon which the utility treatment facilities are located. Documentation of
				continued use shall be in the form of a recorded warranty deed, recorded quit
				claim deed accompanied by title insurance, recorded lease such as a 99-year
				lease, or recorded easement. The applicant may submit an unrecorded copy of the
				instrument granting the utility's right to access and continued use of the land
				upon which the utility treatment facilities are or will be located, provided
				the applicant files a recorded copy within the time required in the order
				granting the certificate;
(n)
				Documentation specifying on what date and under what authority the current
				rates and charges were established; and,
(o) A tariff containing all rates,
				classifications, charges, rules, and regulations, which shall be consistent
				with Chapter 25-9, F.A.C. Form PSC 1010 (12/15), entitled "Water Tariff" and
				Form PSC 1011 (12/15), entitled "Wastewater Tariff, " which are incorporated by
				reference in Rule  25-30.033, F.A.C., are example
				tariffs that may be completed by the applicant and included in the application.
				These forms may also be obtained from the Commission's website,
www.floridapsc.com
.