Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.033 - Application for Original Certificate of Authorization and Initial Rates and Charges

Current through Reg. 50, No. 138; July 16, 2024
(1) Each applicant
				for an original certificate of authorization and initial rates and charges
				shall file with the Commission Clerk the information set forth in paragraphs
				(a) through (q). Form PSC 1001 (12/15), entitled "Application for Original
				Certificate of Authorization for a Proposed or Existing System Requesting
				Initial Rates and Charges, " which is incorporated by reference in this rule
				and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06237
,
				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 Web site,
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, or 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 that owns or
				will own more than 5 percent interest in the utility;
(f) The election the business has made under
				the Internal Revenue Code for taxation purposes;
(g) 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;
(h) To demonstrate the
				necessary financial ability of the applicant 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;
				and,
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;
(i) To
				demonstrate the technical ability of the applicant to provide service, the
				applicant shall provide:
1. A statement of
				the applicant's experience in the water or 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;
(j) To describe the proposed service area,
				the applicant shall provide:
1. A legal
				description of the proposed service area in the format described in Rule
				 25-30.029, F.A.C.;
2. A detailed system map showing the existing
				and proposed lines and treatment facilities, with the territory proposed to be
				served plotted thereon, consistent with the legal description provided in
				subparagraph (j)1. above. 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 (j)1.
				above;
(k) To demonstrate
				the need for service in the proposed area, the applicant shall provide:
1. The number of customers currently being
				served and proposed to be served, by customer class and meter size, including a
				description of the types of customers currently being served and anticipated to
				be served, i.e., single family homes, mobile homes, duplexes, golf course
				clubhouse, or commercial. If the development will be in phases, this
				information shall be separated by phase;
2. A copy of all requests for service from
				property owners or developers in areas not currently served;
3. The current land use designation of the
				proposed service territory as described in the local comprehensive plan at the
				time the application is filed. If the proposed development will require a
				revision to the comprehensive plan, describe the steps taken and to be taken to
				facilitate those changes, including changes needed to address the proposed need
				for service; and,
4. Any known land
				use restrictions, such as environmental restrictions imposed by governmental
				authorities;
(l) The date
				applicant began or plans to begin serving customers. If already serving
				customers, a description of when and under what circumstances the applicant
				began serving;
(m) Documentation of
				the utility's right to access and continued use of the land upon which the
				utility treatment facilities are or will be 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) A
				description of the separate capacities of the existing and proposed lines and
				treatment facilities in terms of equivalent residential connections (ERCs) and
				gallons per day estimated demand per ERC for water and wastewater and the basis
				for such estimate. If the development will be in phases, this information shall
				be separated by phase;
(o) A
				description of the type of water treatment, wastewater treatment, and method of
				effluent disposal;
(p) To support
				the proposed rates and charges, the applicant shall provide:
1. The existing and projected cost of the
				system(s) and associated depreciation by year until design capacity is reached
				using the National Association of Regulatory Utility Commissioners (NARUC) 1996
				Uniform System of Accounts (USOA), which is incorporated by reference in Rule
				 25-30.115, F.A.C. The applicant
				shall identify the year that 80 percent of design capacity is anticipated. If
				the utility will be built in phases, this shall apply only to the first
				phase;
2. The existing and
				projected annual contributions-in-aid-of-construction (CIAC) and associated
				amortization by year including a description of assumptions regarding customer
				growth projections using the same projections used in subparagraph (1)(k)1.
				above, for the proposed service area. The projected CIAC shall identify cash
				and property contributions and amortization at 100 percent of design capacity
				and identify the year when 80 percent of design capacity is anticipated. The
				projected CIAC shall be consistent with the service availability policy and
				charges in the proposed tariff provided in paragraph (q), below, the schedule
				provided in subparagraph (1)(p)6., below, and the CIAC guidelines in Rule
				 25-30.580, F.A.C. If the utility
				will be built in phases, this shall apply only to the first phase;
3. A schedule showing the projected capital
				structure including the methods of financing the construction and operation of
				the utility until the utility reaches 80 percent of the design capacity of the
				system. If the utility will be built in phases, this shall apply only to the
				first phase;
4. The current annual
				operating expenses and the projected annual operating expenses at 80 percent of
				design capacity using the NARUC USOA. If the utility will be built in phases,
				this shall apply only to the first phase;
5. A schedule showing how the proposed rates
				were developed;
6. A schedule
				showing how the proposed service availability policy and charges were
				developed, including meter installation, main extension, and plant capacity
				charges, and proposed donated property; and,
7. A schedule showing how the customer
				deposits and miscellaneous service charges were developed, including initial
				connection, normal reconnection, violation reconnection, and premises visit
				fees, consistent with Rules
				 25-30.311 and
				 25-30.460, F.A.C.;
				and,
(q) 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, " which is incorporated by reference in this rule and is
				available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06247
and Form PSC 1011 (12/15), entitled "Wastewater Tariff, " which is incorporated
				by reference in this rule and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-06248
,
				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
.