reglab/statecodes huggingface dataset:
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.350 - Underbillings and Overbillings for Water and Wastewater Service

Current through Reg. 50, No. 138; July 16, 2024
(1) A utility may not backbill customers for
				any period greater than 12 months for any undercharge in billing which is the
				result of the utility's mistake.
(a) The
				utility shall allow the customer to pay for the unbilled service over the same
				time period as the time period during which the underbilling occurred or some
				other mutually agreeable time period. The utility shall not recover in a
				ratemaking proceeding, any lost revenues which inure to the utility's detriment
				on account of this provision.
(b)
				The revised bill shall be calculated on a monthly basis, assuming uniform
				consumption during the month(s) subject to underbilling, based on the
				individual customer's average usage for the time period covered by the
				underbilling. The monthly bills shall be recalculated by applying the tariff
				rates in effect for that time period. The customer shall be responsible for the
				difference between the amount originally billed and the recalculated bill. All
				calculations used to arrive at the rebilled amount shall be made available to
				the customer upon the customer's request.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.351 - Unauthorized Use

Current through Reg. 50, No. 138; July 16, 2024
In the event of unauthorized or fraudulent use of service or
				  meter tampering, the utility shall bill the customer on an estimate of the
				  water and/or wastewater services used based on the customer's past
				  consumption.
Rulemaking Authority
					 350.127,
					 367.121 FS. Law Implemented
					 367.091,
					 367.121
					 FS.
New 6-17-13.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.355 - Complaints

Current through Reg. 50, No. 138; July 16, 2024
(1) A utility shall give a customer verbal or
				written acknowledgement of the utility's receipt of the customer's complaint no
				later than three business days after it receives the complaint. The utility
				shall specify in its acknowledgement whether any additional action will be
				taken on the issue(s) raised by the customer. A utility shall investigate the
				complaint and give the customer a verbal or written response no later than 15
				days after it receives the complaint.
(2) The word "complaint" as used in this rule
				means an objection made to the utility by a customer by telephone call, by
				email, by letter, or on the utility's website form as to the utility's charges,
				facilities or service that requires action by the utility.
(3) Each utility shall have a procedure for
				receiving and responding to emergency calls 24 hours a day. Examples of
				emergencies shall include reports of water or wastewater main breaks or
				conditions caused by utility-owned facilities where property damage or personal
				injury is reasonably foreseeable.
Rulemaking Authority
					 350.127(2),
					 367.0812(5),
					 367.121(1) FS.
					 Law Implemented  367.0812(1),
					  367.111,
					  367.121(1) 
					 FS.
New 9-12-74, Formerly 25-10.70, 25-10.070, Amended
					 11-10-86, 6-21-18.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.410 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
In this part, the following definitions shall apply:
(1) An applicant is a utility system, either
				water or wastewater, which seeks Commission approval for a rate increase for
				service to its customers.
(2)
				Customer classification refers to that service provided by the utility at rates
				which reflect a difference between types of customers, such as residential,
				industrial, wholesale, or general.
Rulemaking Authority
					 367.121 FS. Law Implemented
					 367.121
					 FS.
New 11-10-86.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.415 - Return on Common Equity

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission will establish, at least once each year, a leverage scale or scales
				that reflect the range of returns on common equity as required by Section
				 367.081(4)(f),
				F.S.
(2) In determining the range
				of returns on common equity, the Commission may consider generally accepted
				financial models.
Rulemaking Authority
					 367.121(1) FS.
					 Law Implemented 367.081(4)
					 FS.
New 3-26-81, Formerly 25-10.186, Amended 11-10-86,
					 7-20-87.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.420 - Establishment of Price Index, Adjustment of Rates; Requirement of Bond; Filings After Adjustment; Notice to Customers

Current through Reg. 50, No. 138; July 16, 2024
(1) On or before March 31 of each year, the
				Commission will establish a price increase or decrease index as required by
				Section  367.081(4)(a),
				F.S. The Commission's Division of Accounting and Finance will email each
				regulated water and wastewater utility a copy of the proposed agency action
				order establishing the index for the year and a copy of Form PSC 1022 (5/22),
				entitled "Price Index Application, " which is incorporated into this rule by
				reference and may be obtained from
http://www.flrules.org/Gateway/reference.asp?No=Ref-15175
and the Commission's Division of Accounting and Finance. Utilities may request
				a hard copy of the index application from the Commission's Division of
				Accounting and Finance. Applications for the newly established price index will
				be accepted from April 1 of the year the index is established through March 31
				of the following year.
(a) The index will be
				applied to all operation and maintenance expenses, except for amortization of
				rate case expense, costs subject to pass-through adjustments pursuant to
				Section  367.081(4)(b),
				F.S., and adjustments or disallowances made in a utility's most recent rate
				proceeding.
(b) In establishing the
				price index, the Commission will consider cost statistics compiled by
				government agencies or bodies, cost data supplied by utility companies or other
				interested parties, and applicable wage and price
				guidelines.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.425 - Pass Through Rate Adjustment

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				applies to any regulated water or wastewater utility that adjusts its rates
				pursuant to Section  367.081(4)(b),
				F.S., to reflect an increase or decrease in the rates, fees, or costs for the
				following specified expenses:
(a) Water or
				wastewater utility service purchased from a governmental authority or other
				water or wastewater utility regulated by the Commission;
(b) Purchased electric power;
(c) Ad valorem taxes;
(d) National Pollutant Discharge Elimination
				System (NPDES) Permit Program fees charged by the Florida Department of
				Environmental Protection;
(e)
				Regulatory Assessment Fees imposed by the Commission;
(f) Water or wastewater quality testing
				required by the Department of Environmental Protection (DEP);
(g) Wastewater biosolids disposal
				fees;
(h) Tank inspection required
				by the DEP or a local governmental authority;
(i) Treatment plant operator and water
				distribution system operator license fees required by the DEP or a local
				governmental authority;
(j) Water
				or wastewater operating permit fees charged by the DEP or a local governmental
				authority, or
(k) Consumptive or
				water use permit fees charged by a water management
				district.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.430 - Test Year Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) Prior to the
				filing of an application for a general rate increase, a utility shall submit to
				the Commission a written request for approval of a test year, supported by a
				statement of reasons and justifications showing that the requested test year is
				representative of utility operations. The Commission Chairman will then approve
				or disapprove the request within 30 days from the receipt of the request. In
				disapproving the requested test year, the Chairman may suggest another test
				year. Within 30 days of the Chairman's approval or disapproval of a test year,
				upon request of any interested person the full Commission may review the
				Chairman's test year decision.
(2)
				Each applicant for test year approval shall submit the following information in
				its written request to the Chairman:
(a) A
				statement explaining why the requested test year is representative of the
				utility's current operations.
(b) A
				general statement of major plant expansions or changes in operational methods
				which:
1. Have occurred in the most recent 18
				months or since the last test year, whichever is less;
2. Will occur during the requested test
				year.
(c) A general
				statement of all known estimated pro forma adjustments which will be made to
				the requested test year amounts.
(d) If a projected test year is requested,
				provide an explanation as to why the projected period is more representative of
				the utility's operations than a historical period.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.431 - Used and Useful Consideration

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				determining whether property is needed to serve customers more than five full
				years after the end of the test period as provided by Section
				367.081(2)(a)2.c., F.S., the Commission shall consider the rate of growth in
				the number of equivalent residential connections (ERCs); the time needed to
				meet the guidelines of the Department of Environmental Protection (DEP) for
				planning, designing, and construction of plant expansion; and the technical and
				economic options available for sizing increments of plant expansion.
(2)
(a)
				Property needed to serve customers after the end of the test year shall be
				calculated as follows:
EG x PT x U = PN
where:
EG
=
Equivalent Annual Growth in ERCs determined pursuant
							 to paragraph (b) or (c), below, not to exceed 5 percent per year
PT
=
Post Test Year Period determined pursuant to Section
							 367.081(2)(a)2.b. and c., F.S.
U
=
Unit of measurement utilized in the used and useful
							 calculations for plant components
PN
=
Property needed expressed in the units of measurement
							 utilized
(b)
				The equivalent annual growth in ERCs (EG) is measured in terms of the projected
				annual growth and shall be calculated in Schedules F-9 and F-10 of Form PSC
				1028 (12/20) for Class A utilities and Form PSC 1029 (12/20) for Class B
				utilities, incorporated by reference in Rule
				 25-30.437, F.A.C.
(c) The utility shall also submit a linear
				regression analysis using average ERCs for the last 5 years. The utility may
				submit other information that will affect growth in ERCs.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.432 - Wastewater Treatment Plant Used and Useful Calculations

Current through Reg. 50, No. 138; July 16, 2024
The flow data to be used in the numerator of the equation for
				  calculating the used and useful percentage of a wastewater treatment plant
				  shall be the same period or basis (such as annual average daily flow,
				  three-month average daily flow, maximum month average daily flow) as the period
				  or basis stated for the permitted capacity on the most recent operating permit
				  issued by the Florida Department of Environmental Protection (DEP). The DEP
				  permitted capacity shall be used in the denominator of the equation. In
				  determining the used and useful amount, the Commission will also consider other
				  factors such as the allowance for growth pursuant to Section 367.081(2)(a)2.,
				  F.S., infiltration and inflow, the extent to which the area served by the plant
				  is built out, whether the permitted capacity differs from the design capacity,
				  whether there are differences between the actual capacities of the individual
				  components of the wastewater treatment plant and the permitted capacity of the
				  plant, and whether flows have decreased due to conservation or a reduction in
				  the number of customers. This rule does not apply to reuse projects pursuant to
				  Section  367.0817(3),
				  F.S., or investment for environmental compliance pursuant to Section
				  367.081(2)(a)2.c., F.S.
Rulemaking Authority
					 350.127(2),
					 367.121(1)(f)
					 FS. Law Implemented 367.081(2)
					 FS.
New 12-26-02.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.4325 - Water Treatment and Storage Used and Useful Calculations

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
(a) A water treatment system includes all
				facilities, such as wells and treatment facilities, excluding storage and high
				service pumping, necessary to pump and treat potable water.
(b) Storage facilities include ground or
				elevated storage tanks and high service pumps.
(c) Peak demand for a water treatment system
				includes the utility's maximum hour or day demand, excluding excessive
				unaccounted for water, plus a growth allowance based on the requirements of
				Rule  25-30.431, F.A.C., and, where
				fire flow is provided, a minimum of either the fire flow required by the local
				governmental authority or 2 hours at 500 gallons per minute.
(d) Peak demand for storage includes the
				utility's maximum day demand, excluding excessive unaccounted for water, plus a
				growth allowance based on the requirements of Rule
				 25-30.431, F.A.C., and, where
				provided, a minimum of either the fire flow required by the local governmental
				authority or 2 hours at 500 gallons per minute.
(e) Excessive unaccounted for water (EUW) is
				unaccounted for water in excess of 10 percent of the amount
				produced.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.433 - Rate Case Proceedings

Current through Reg. 50, No. 138; July 16, 2024
In a rate case proceeding, the following provisions shall
				  apply.
(1) The Commission in every
				rate case shall make a determination of the quality of service provided by the
				utility by evaluating the quality of utility's product (water) and the
				utility's attempt to address customer satisfaction (water and wastewater). In
				making this determination, the Commission shall consider:
(a) The most recent chemical analyses for
				each water system as described in paragraph
				 25-30.437(3)(c),
				F.A.C.;
(b) Any Department of
				Environmental Protection (DEP) and county health department citations,
				violations and provisions of consent orders that relate to quality of
				service;
(c) Any DEP and county
				health department officials' testimony concerning quality of service;
(d) Any testimony, complaints and comments of
				the utility's customers and others with knowledge of the utility's quality of
				service; and
(e) Any utility
				testimony and responses to the information provided in paragraphs (1)(a)-(d),
				above.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.435 - Application for Rate Increase (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 367.121 FS. Law Implemented
					 367.081
					 FS.
New 11-10-86, Repealed
					 6-25-90.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.4345 - Notice of Applications for New or Revised Service Availability Charges or Policies and Notice of Applications for Allowance for Funds Prudently Invested (AFPI) Charges

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				applies to all applications for new or revised service availability charges or
				policies and to all applications for allowance for funds prudently invested
				(AFPI) charges made by water and wastewater utilities, including those requests
				made in conjunction with an application for a general rate increase.
(2)
(a)
				Upon filing an application for new or revised service availability charges or
				policies or an application for AFPI charges, the utility must publish a notice
				of application in a newspaper of general circulation in the service areas
				included in the application.
(b)
				Upon filing an application for new or revised service availability charges or
				policies or an application for AFPI charges, the utility must mail or hand
				deliver a notice of application to all persons in the service areas included in
				the application who have filed a written request for service or who have been
				provided a written estimate for service within the 12 calendar months prior to
				the month the application is filed.
(c) The notice of application must include
				the following:
1. The date the notice was
				issued;
2. A statement that the
				utility has filed an application for new or revised service availability
				charges or policies or AFPI charges with the Commission;
3. A statement that the requested service
				availability charge or AFPI charge is to pay for growth in the utility system
				and the requested charges are to be paid by new, not existing
				customers;
4. A statement that the
				utility's application can be accessed on the Commission's website;
5. A comparison of the present and proposed
				policy and charges;
6. The
				utility's address, telephone number and business hours; and,
7. A statement that any comments concerning
				the policy or charges should be addressed to the Office of Commission Clerk at
				2540 Shumard Oak Boulevard, Tallahassee, Florida
				32399-0870.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.436 - General Information and Instructions Required of Water and Wastewater Utilities in an Application for Rate Increase

Current through Reg. 50, No. 138; July 16, 2024
(1) Each applicant for a rate increase must
				provide the following general information to the Commission:
(a) The name of the applicant as it appears
				on the applicant's certificate and the address of the applicant's principal
				place of business.
(b) The type of
				business organization under which the applicant's operations are conducted; if
				the applicant is a corporation, the date of incorporation; the names and
				addresses of all persons who own 5 percent or more of the applicant's stock or
				the names and addresses of the owners of the business.
(c) The number of the Commission order, if
				any, which previously considered the applicant's rates for the system(s)
				involved.
(d) The address within
				the service area where the application is available for customer inspection
				during the time the rate application is pending.
(e) Where the utility requests rates which
				generate less than a fair rate of return, it must provide a statement of
				assurance that its quality of service will not suffer.
(f) A statement signed by an officer of the
				utility that states that the utility will comply with Rule
				 25-22.0407, F.A.C.
(g) A statement whether the applicant
				requests to have the case processed using the proposed agency action procedure
				outlined in Section  367.081(10),
				F.S.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.438 - Information Required in Application for Rate Increase From Utilities with Related Parties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 367.121 FS. Law Implemented
					 367.081
					 FS.
New 11-10-86, Repealed
					 1-27-21.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.4385 - Additional Rate Information Required in Application for Rate Increase (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 350.127(2),
					 367.121 FS. Law Implemented
					 367.081,
					 367.121
					 FS.
New 11-30-93, Repealed
					 1-27-21.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.439 - Rate Information Required in Application for Rate Increase (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 367.121 FS. Law Implemented
					 367.081
					 FS.
New 11-10-86, Repealed
					 6-25-90.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.440 - Additional Engineering Information Required of Class A and B Water and Wastewater Utilities in an Application for Rate Increase (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 350.127(2),
					 367.0812(5),
					 367.121 FS. Law Implemented
					 367.081,
					 367.0812
					 FS.
New 11-10-86, Amended 6-25-90, 2-10-15, Repealed
					 1-27-21.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.441 - Engineering Information Required in Application for Rate Increase by Utilities Seeking to Recover the Cost of Investment for Plant Construction Required by Governmental Authority (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 367.121 FS. Law Implemented
					 367.081
					 FS.
New 11-10-86, Repealed
					 11-30-93.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.4415 - Additional Information Required in Application for Rate Increase by Utilities Seeking to Recover the Cost of Investment in the Public Interest

Current through Reg. 50, No. 138; July 16, 2024
If an applicant proposes to include in its plant investment
				  the cost of investment made in the public interest pursuant to Section
				   367.081(2),
				  F.S., which investment was or will be required by agency rule, regulation,
				  order or other regulatory directive, the applicant shall provide the following
				  information to the Commission:
(1) A
				copy of the rule, regulation, order, or other regulatory directive that has
				required or will require the applicant to make the improvement or the
				investment for which the applicant seeks recovery.
(2) An estimate by a professional engineer,
				or other person knowledgeable in design and construction of water and
				wastewater plant, to establish the cost of the applicant's investment and the
				period of time required for completion of construction.
(3) An analysis showing the portion of the
				proposed rate increase that relates to the financial support for the investment
				or improvement.
Rulemaking Authority
					 350.127(2),
					 367.121 FS. Law Implemented
					 367.081,
					 367.121
					 FS.
New 11-30-93.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.442 - Duplicate Information

Current through Reg. 50, No. 138; July 16, 2024
If the applicant believes the information required is
				  currently on file with the Commission the applicant may request that it be
				  exempted from filing the information. The request should be made to the Deputy
				  Executive Director, Technical, with a copy filed directly with the Office of
				  Commission Clerk, and should specify which particular information is already on
				  file, in what document it is contained, and that it is still current, valid
				  information.
Rulemaking Authority
					 350.127(2),
					 367.121 FS. Law Implemented
					 367.081,
					 367.121
					 FS.
New 11-10-86, Amended
					 6-25-90.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.443 - Minimum Filing Requirements for Class C Water and Wastewater Utilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 350.127(2),
					 367.121 FS. Law Implemented
					 367.081,
					 367.082
					 FS.
New 6-25-90, Amended 11-30-93, Repealed
					 1-27-21.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.444 - Utility Reserve Fund

Current through Reg. 50, No. 138; July 16, 2024
(1) PROJECT
				ELIGIBILITY. The following considerations shall be applied in determining
				whether a future infrastructure repair or replacement project of existing
				distribution and collection infrastructure that is nearing the end of its
				useful life or is detrimental to water quality or reliability of service is
				eligible for advance funding through a utility reserve fund and whether a
				utility reserve fund is the most appropriate methodology to address the
				requested project.
(a) The following projects
				shall be eligible for a utility reserve fund:
1. Projects to repair or replace existing
				utility infrastructure that is nearing the end of its useful life or is
				detrimental to water quality or reliability of service that is recorded in the
				National Association of Regulatory Utility Commissioners' Uniform System of
				Accounts (NARUC USOA) water utility plant account numbers 304, 305, 306, 307,
				308, 309, 310, 311, 320, 330, 331, 333, 334, 335, 336, and 339, and wastewater
				utility plant account numbers 354, 355, 360, 361, 362, 363, 364, 365, 366, 367,
				370, 371, 374, 375, 380, 381, 382, and 389,
2. Future expenditures related to land or
				land rights recorded in NARUC USOA water utility plant account number 303 or
				wastewater utility plant account number 353 if the expenditure is necessary to
				the successful completion of an eligible repair or replacement project,
3. Upgrades or enhancements of
				existing facilities if it can be demonstrated that the upgrade or enhancement
				is necessary to comply with federal, state, or local regulatory requirements,
				or provides a more cost-effective or more reliable alternative than an
				identical replacement, and that the upgrade or enhancement is not designed
				solely to address future customer growth,
4. Repair projects that may be expensed
				rather than capitalized, as prescribed by subparagraph
				 25-30.140(1)(g) 
				3., F.A.C., if it can be demonstrated that the repair expense is not already
				reflected in the utility's current rates as an annual or amortized annual
				expense, or that the annual repair and maintenance expense allowance reflected
				in the utility's current rates is insufficient to cover the projected costs of
				the proposed repair project, or
5.
				If a project includes both the repair or replacement of existing infrastructure
				and the expansion or improvement of facilities to meet future customer growth,
				the portion of the project that is related to the repair and replacement of
				existing infrastructure is eligible if those costs can be identified and
				segregated from the portion of the project related to the expansion or
				improvements designed to meet future customer growth.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.445 - General Information and Instructions Required of Water and Wastewater Utilities in an Application for a Limited Proceeding

Current through Reg. 50, No. 138; July 16, 2024
(1) Each applicant for a limited proceeding
				must provide the following general information to the Commission:
(a) The name of the applicant as it appears
				on the applicant's certificate and the address of the applicant's principal
				place of business.
(b) The type of
				business organization under which the applicant's operations are conducted; if
				the applicant is a corporation, the date of incorporation; the names and
				addresses of all persons who own 5 percent or more of the applicant's stock; or
				the names and addresses of the owners of the business.
(c) The number(s) of the Commission order(s),
				if any, in which the Commission most recently considered the applicant's rates
				for the system(s) involved.
(d) The
				address within the service area where the application is available for customer
				inspection during the time the rate application is pending.
(e) A statement signed by an officer of the
				utility that the utility will comply with the noticing requirements in Rule
				 25-30.446,
				F.A.C.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.446 - Notice of and Public Information for Application for Limited Proceeding Rate Increase

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				applies to all applications for limited proceeding rate increases made by a
				water or wastewater utility.
(2)
				Upon filing an application for limited proceeding rate increase, the utility
				must notify the chief executive officer of the governing body of each
				municipality and county within the service areas included in the rate request
				that the utility has applied for a limited proceeding rate increase. The
				notification must clearly identify the Commission-assigned docket number and
				include a statement that a copy of the application and Minimum Filing
				Requirements (MFRs) set forth in Rule
				 25-30.445, F.A.C., can be
				accessed on the Commission's website.
(3) Upon filing an application and MFRs for a
				limited proceeding, the utility must publish a notice of application in a
				newspaper of general circulation in the service areas included in the
				application.
(4)
(a) Within 50 days after the official date of
				filing established by the Commission, the utility must provide, in writing, an
				initial customer notice to all customers within the service areas included in
				the rate request and to all persons in the same service areas who have filed a
				written request for service or who have been provided a written estimate for
				service within the 12 calendar months prior to the month the petition is
				filed.
(b) The initial customer
				notice must be approved by Commission staff prior to distribution and must
				include the following:
1. The date the notice
				is to be issued;
2. A statement
				that the utility has filed a rate request with the Commission and a statement
				of the general reasons for the request;
3. A statement that the MFRs and application
				are available on the Commission's website;
4. A comparison of current rates and charges
				and the proposed new rates and charges;
5. The utility's address, telephone number,
				and business hours;
6. A statement
				that written comments regarding utility service or the proposed rates and
				charges should be addressed to the Office of Commission Clerk, 2540 Shumard Oak
				Boulevard, Tallahassee, Florida 32399-0870, and that such comments should
				identify the docket number assigned to the proceeding;
7. A statement that complaints regarding
				service may be made to the Commission's Office of Consumer Assistance and
				Outreach at the following toll-free number: 1(800)342-3552; and,
8. The docket number assigned by the
				Commission's Office of Commission Clerk.
(c) The initial customer notice must be
				mailed to the out-of-town address of all customers who have provided the
				utility with an out-of-town address.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.450 - Burden of Proof and Audit Provisions

Current through Reg. 50, No. 138; July 16, 2024
In each instance, the utility must be able to support any
				  schedule submitted, as well as any adjustments or allocations relied on by the
				  utility. The work sheets, etc., supporting the schedules and data submitted
				  must be organized in a systematic and rational manner so as to enable
				  Commission personnel to verify the schedules in an expedient manner and minimum
				  amount of time. The supporting work sheets, etc., shall list all reference
				  sources necessary to enable Commission personnel to trace to original source of
				  entry into the financial and accounting system and, in addition, verify amounts
				  to the appropriate schedules.
Rulemaking Authority
					 367.121 FS. Law Implemented
					 367.081
					 FS.
New 6-10-75, Formerly 25-10.177, Amended
					 1-31-00.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.455 - Staff Assistance in Rate Cases

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Water and wastewater utilities whose total gross annual operating revenues are
				$335, 000 or less for water service or $335, 000 or less for wastewater
				service, or $670, 000 or less on a combined basis, may file with the Office of
				Commission Clerk an application for staff assistance in rate applications by
				submitting a completed staff assisted rate case application. Reasonable and
				prudent rate case expense is eligible for recovery through the rates developed
				by staff. Recovery of attorney fees and outside consultant fees related to the
				rate case is determined based on the requirements set forth in Section
				 367.0814(3),
				F.S. To be eligible for staff assistance under this rule:
(a) The applicant or utility owner must have
				at least one year of experience operating the utility for which the rate
				increase is being requested;
(b)
				The utility must be in compliance with its annual report filing in accordance
				with subsection  25-30.110(3),
				F.A.C.; and
(c) The utility must
				have paid all required regulatory assessment fees or must be current on any
				approved regulatory assessment fee payment plan.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.456 - Staff Assistance in Alternative Rate Setting

Current through Reg. 50, No. 138; July 16, 2024
(1) As an alternative to a staff assisted
				rate case as described in Rule
				 25-30.455, F.A.C., water and
				wastewater utilities whose total gross annual operating revenues are $335, 000
				or less for water service or $335, 000 or less for wastewater service, or $670,
				000 or less on a combined basis, may file with the Office of Commission Clerk
				an application for staff assistance in alternative rate setting by submitting a
				completed staff assisted application for alternative rate setting. To be
				eligible for staff assistance under this rule:
(a) The applicant or utility owner must have
				at least one year of experience operating the utility for which the rate
				increase is being requested;
(b)
				The utility must be in compliance with its annual report filing in accordance
				with subsection  25-30.110(3),
				F.A.C.; and
(c) The utility must
				have paid all required regulatory assessment fees or must be current on any
				approved regulatory assessment fee payment plan.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.457 - Limited Alternative Rate Increase

Current through Reg. 50, No. 138; July 16, 2024
(1)
				As an alternative to a staff assisted rate case as described in Rule
				 25-30.455, F.A.C., or to staff
				assistance in alternative rate setting as described in Rule
				 25-30.456, F.A.C., water
				utilities whose total gross annual operating revenues are $335, 000 or less for
				water service and wastewater utilities whose total gross annual operating
				revenues are $335, 000 or less for wastewater service may file with the Office
				of Commission Clerk an application for a limited alternative rate increase of
				up to 20 percent applied to metered or flat recurring rates of all classes of
				service.
(2) The application for
				limited alternative rate increase must contain the following information:
(a) The name of the utility as it appears on
				the utility's certificate and the address of the utility's principal place of
				business;
(b) The type of business
				organization under which the utility's operations are conducted;
(c) If the utility is a corporation, the date
				of incorporation and the names and addresses of all persons who own five
				percent or more of the utility's stock;
(d) If the utility is not a corporation, the
				names and addresses of the owners of the business;
(e) A schedule showing the annualized
				revenues by customer class and meter size for the most recent 12-month period
				using the rates in effect at the time the utility files its
				application;
(f) A schedule showing
				the current and proposed rates for all classes of customers;
(g) A statement providing the specific basis
				or bases for the requested rate increase;
(h) If the requested rate increase is based
				upon the utility's underearning or the utility's expectation to underearn, a
				statement explaining why the utility is, or is expected to, underearn its
				authorized rate of return;
(i) A
				statement that the figures and calculations upon which the change in rates is
				based are accurate and that the change will not cause the utility to exceed its
				last authorized rate of return on equity;
(j) A statement that the utility is currently
				in compliance with its annual report filing in accordance with subsection
				 25-30.110(3),
				F.A.C.;
(k) A statement that the
				utility has paid all required regulatory assessment fees or is current on any
				approved regulatory assessment fee payment plan;
(l) A statement that an order in a rate
				proceeding that established the utility's rate base, capital structure, annual
				operating expenses and revenues has been issued for the utility within the
				7-year period prior to the official date of filing of the application;
				and
(m) Any additional relevant
				information in support of the application and reasons why the information
				should be considered.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.4575 - Operating Ratio Methodology

Current through Reg. 50, No. 138; July 16, 2024
(1) Under
				the operating ratio methodology, instead of calculating the utility's revenue
				requirement based on a rate of return on the utility's rate base, the revenue
				requirement includes the utility's operating expenses plus a margin of 12
				percent of the utility's operation and maintenance expenses. For utilities that
				are resellers, purchased water and purchased wastewater expenses will be
				removed from operation and maintenance expense before the 12 percent margin is
				applied. The operating ratio adjustment shall be no more than $15,
				000.
(2) In rate cases processed
				under rule  25-30.455, F.A.C, the Commission
				will use the operating ratio methodology to establish the utility's revenue
				requirement when:
(a) The utility's rate base
				is no greater than 125% of operation and maintenance expenses; and
(b) The use of the operating ratio
				methodology does not change the utility's qualification for a staff assisted
				rate case under subsection
				 25-30.455(1),
				F.A.C.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.458 - Notice of and Public Information for Application for Limited Alternative Rate Increase

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule
				applies to all requests for a limited alternative rate increase.
(2) No less than 14 days and no more than 30
				days prior to the date of a customer meeting, the utility shall provide, in
				writing, a customer meeting notice to all customers within its service area and
				to all persons in the same service area who have filed a written request for
				service or who have been provided a written estimate for service within the 12
				calendar months prior to the month the petition is filed. The customer meeting
				will be conducted by the Commission staff no less than 21 days prior to
				Commission action on the application.
(3) The customer meeting notice shall be
				approved by Commission staff prior to distribution and shall include the
				following:
(a) The date the notice was
				issued;
(b) The time, date,
				location, and purpose of the customer meeting;
(c) A statement that the utility has applied
				for a limited alternative rate increase and the general reason for doing
				so;
(d) A statement of the location
				where copies of the application are available for public inspection during the
				utility's regular business hours;
(e) A comparison of current rates and charges
				and the proposed new rates and charges;
(f) The utility's address, telephone number,
				and regular business hours;
(g) A
				statement that written comments regarding utility service or the proposed rates
				and charges should be addressed to the Office of Commission Clerk, 2540 Shumard
				Oak Boulevard, Tallahassee, Florida 32399-0870, and that such comments should
				identify the docket number assigned to the proceeding;
(h) A statement that complaints regarding
				service may be made to the Commission's Office of Consumer Assistance and
				Outreach at the following toll-free number: 1(800)342-3552; and,
(i) The docket number assigned by the
				Commission's Office of Commission Clerk.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.460 - Application for Miscellaneous Service Charges

Current through Reg. 50, No. 138; July 16, 2024
(1) All water and wastewater utilities may
				apply for miscellaneous service charges and these charges shall be included in
				each company's tariff. If a utility provides both water and wastewater
				services, only a single charge shall be assessed for each of the miscellaneous
				service charges identified in subsection (2).
(2) The following identifies and defines
				miscellaneous service charges:
(a) A premises
				visit charge is levied when a service representative visits a premises to
				discontinue service for nonpayment of a due and collectible bill and the
				customer pays the service representative or otherwise makes satisfactory
				arrangements to pay the bill and service is not discontinued. A premises visit
				charge is also levied when a service representative visits a premises at the
				customer's request to (1) initiate service, (2) temporarily disconnect service,
				(3) reconnect service after a temporary discontinuance, or (4) assess a service
				issue and it is found to be the customer's responsibility.
(b) A violation reconnection charge is levied
				prior to reconnection of an existing customer after discontinuance of service
				for cause according to subsection
				 25-30.320(2),
				F.A.C. Violation reconnection charges are at the tariffed rate for
				discontinuation of water service and actual cost for discontinuation of
				wastewater service.
(c) A
				convenience charge is levied when a utility bill is paid by debit or credit
				card.
(d) An investigation of meter
				tampering charge is levied when an investigation reveals evidence of
				unauthorized connection to, or tampering with, the utility's meter or
				equipment, pursuant to paragraph
				 25-30.320(2)(j),
				F.A.C.
(e) A late payment charge is
				levied when a customer is delinquent in paying a bill for service, pursuant to
				subsection  25-30.335(4),
				F.A.C.
(f) A non-sufficient funds
				charge is levied when a customer's payment is refused by the drawee because of
				lack of funds, lack of credit, or lack of an account, pursuant to Section
				 68.065, F.S.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.465 - Private Fire Protection Rates

Current through Reg. 50, No. 138; July 16, 2024
The rate for private fire protection service shall be a
				  charge based on the size of the connection rather than the number of fixtures
				  connected. The rate shall be one-twelfth the current base facility charge of
				  the utility's meter sizes, unless otherwise supported by the
				  utility.
Rulemaking Authority
					 350.127(2),
					 367.121 FS. Law Implemented
					 367.081,
					 367.121
					 FS.
New 11-30-93.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.470 - Calculation of Rate Reduction After Rate Case Expense Is Amortized (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 350.127(2),
					 367.121 FS. Law Implemented
					 367.0816,
					 367.121
					 FS.
New 11-30-93, Repealed
					 11-12-00.
Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.4705 - Calculation of Rate Reduction After Rate Case Expense is Amortized

Current through Reg. 50, No. 138; July 16, 2024
To calculate the rate reduction to be made four years after a
				  rate case as required by Section
				   367.081(8),
				  F.S., the following methodology shall be used. The annual amount of rate case
				  expense, which is equal to one-fourth of the total allowed rate case expense,
				  shall be divided by the regulatory assessment fee gross up factor. The
				  resulting number shall then be divided by the revenue requirement to determine
				  the percentage of the rate reduction. The percentage is then multiplied against
				  the new rates to determine the amount of the future rate reduction. Revised
				  tariff sheets implementing the reduction shall be filed no later than one month
				  before the end of the fourth year.
Rulemaking Authority
					 350.127(2),
					 367.121 FS. Law Implemented
					 367.081(8),
					 367.121
					 FS.
New 2-24-02.