Fla. Admin. Code Title 25 — Public Service Commission

Chapter 25-4 TELEPHONE COMPANIES

Fla. Admin. Code R. 25-4.001 Authorization of Rules

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.28 FS. History–New 12-1-68, Formerly 25-4.01, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.002 Application and Scope

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.335, 364.337, 364.3375, 364.3376 FS. History–New 12-1-68, Formerly 25-4.02, Amended 2-23-87, 1-8-95, 2-1-99, 4-3-05, 3-26-09, Repealed 10-2-14.

Fla. Admin. Code R. 25-4.003 Definitions

For the purpose of Chapter 25-4, F.A.C., the definitions of the following terms apply:

(1) “Access Line”. The circuit or channel between the demarcation point at the customer’s premises and the serving end or class 5 central office.

(2) “Call.” An attempted telephone message.

(3) “Central Office.” A location where there is an assembly of equipment that establishes the connections between subscriber access lines, trunks, switched access circuits, private line facilities, and special access facilities with the rest of the telephone network.

(4) “Certificate of Authority.” Certificates received by all companies providing telecommunications services after July 1, 2011.

(5) “Certificate of Necessity.” Certificate received by all incumbent local exchange companies, shared tenant service providers, alternative access vendors, competitive local exchange companies, and pay telephone service providers to provide telecommunication services prior to July 1, 2011.

(6) “Company,” “Telecommunications Company,”or “Telephone Company.” These terms may be used interchangeably herein and shall mean “telecommunications company” as defined in Section 364.02(13), F.S.

(7) “Exchange.” A central office or group of central offices with the subscriber’s stations and lines connected, forming a local system which furnishes means of telephonic intercommunication without toll charges between subscribers within a specified area.

(8) “Local Provider (LP).” Any telecommunications company providing local telecommunications service, excluding pay telephone providers and call aggregators.

(9) “Message.” A completed telephone call.

(10) “Number Portability.” Consumer’s ability to change providers and still keep the same phone number.

(11) “Pay Telephone Service Provider.” Any telecommunications company that provides pay telephone service as defined in Section 364.3375, F.S.

(12) “PC-Freeze.” (Preferred Carrier Freeze) A service offered that restricts the customer’s carrier selection until further notice from the customer.

(13) “Provider.” Any entity providing telecommunication service, excluding pay telephone providers and call aggregators (i.e., local, local toll, and toll providers).

(14) “Station.” A telephone instrument consisting of a transmitter, receiver, and associated apparatus so connected as to permit sending or receiving telephone messages.

(15) “Subscriber” or “Customer.” These terms may be used interchangeably herein and shall mean any person, firm, partnership, corporation, municipality, cooperative organization, or governmental agency supplied with telecommunications service by a telecommunications company.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.02, 364.16, 364.32, 364.335, 364.3375 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.03, Amended 2-23-87, 3-4-92, 12-21-93, 3-10-96, 12-28-98, 7-5-00, 4-3-05, Repromulgated 5-8-05, Amended 11-20-08, 11-13-14.

Fla. Admin. Code R. 25-4.004 Application for Original or Transfer of Certificate of Authority

(1) In order to provide telecommunications service either a certificate of necessity issued prior to July 1, 2011, or a certificate of authority issued after July 1, 2011, is required. Service may not be provided, nor may deposits or payment for service be collected, until the effective date of a certificate or transfer of a certificate. However, marketing and development activities may begin prior to the effective date of the certificate at the applicant’s risk that the certificate may not be granted. Prior to certification, the applicant must advise the public in any customer contacts or advertisements that certification has not and may not be granted.

(2) Each applicant shall apply by using Form PSC 1020 (4/18), entitled “Application for Original Authority or Transfer of Authority to Provide Telecommunications Service In the State of Florida.” The application is incorporated into this rule by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-09511, and from the Florida Public Service Commission’s website at www.floridapsc.com/utilities/TelecomCLECApplication/ or from the Florida Public Service Commission’s Office of Industry Development and Market Analysis. Except as provided in Section 364.33, F.S., a certificate holder and the person seeking to obtain the certificate by transfer from the holder shall submit a joint application using Form PSC 1020 (4/18). A non-refundable application or transfer fee of $500.00 must accompany the filing of each application. The Commission’s acceptance of the application fee does not imply that the application or transfer of a certificate will be granted.

(3) The company transferring the certificate shall pay to the Florida Public Service Commission all regulatory assessment fees owed pursuant to Section 364.336, F.S., and Rule 25-4.0161, F.A.C.

(4) The application for certificate of authority or transfer shall be filed with the Office of Commission Clerk.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 364.32, 364.33, 364.335 FS. History–New 12-1-68, Formerly 25-4.04, Amended 12-16-12, 6-19-18.

Fla. Admin. Code R. 25-4.0041 Provision of Shared Service for Hire

History

• Rulemaking Authority 350.127(2), 364.19 FS. Law Implemented 364.02, 364.33, 364.335, 364.337, 364.345 FS. History–New 12-22-85, Formerly 25-4.041, Amended 11-2-86, Repealed 2-15-98.

Fla. Admin. Code R. 25-4.005 Transfer of Certificate of Necessity or Authority

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 364.335, 364.336 FS. History–New 12-1-68, Amended 5-4-81, Formerly 25-4.05, Amended 9-16-99, 12-16-12, Repealed 6-19-18.

Fla. Admin. Code R. 25-4.0051 Current Certificate Holder Information

History

• Rulemaking Authority 350.127(2), 427.704(8) FS. Law Implemented 364.016, 364.183, 364.336, 364.3375 FS. History–New 2-4-13, Repealed 8-6-19.

Fla. Admin. Code R. 25-4.006 Issuance of Certificate in the Event of Failure to Furnish Adequate Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented, 364.01(4), 364.025, 364.335 FS. History–New 12-1-68, Formerly 25-4.06, Repealed 11-20-08.

Fla. Admin. Code R. 25-4.007 Reference to Commission

PART II RECORDS AND REPORTS

Subpart A

History

• Rulemaking Authority 364.20 FS. Law Implemented 364.28 FS. History–New 12-1-68, Formerly 25-4.07, Repealed 11-20-08.

Fla. Admin. Code R. 25-4.016 Gross Intrastate Operating Revenue Report

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.17 FS. History–New 7-3-74, Formerly 25-4.16, Repealed 5-4-81.

Fla. Admin. Code R. 25-4.0161 Regulatory Assessment Fees; Telecommunications Companies

(1) For the purposes of this rule and except for pay telephone service providers, all incumbent local exchange companies, shared tenant service providers, alternative access vendors, and competitive local exchange companies that hold an active certificate of public convenience and necessity that was obtained prior to July 1, 2011, and all telecommunications companies that hold an active certificate of authority obtained after July 1, 2011, are defined as local telephone service providers. Companies classified as pay telephone service providers are those companies that hold an active pay telephone certificate of public convenience and necessity that was obtained prior to July 1, 2011, and those companies that hold an active pay telephone certificate of authority obtained after July 1, 2011.

(2)(a) For the interim period January 1, 2011 through December 31, 2011, as applicable and as provided in Sections 350.113 and 364.336, F.S., each company shall remit a fee based upon its gross operating revenue as provided below. Each company that has paid by August 15, 2011, regulatory assessment fees for the period January 1, 2011 through June 30, 2011, shall pay a regulatory assessment fee in the amount of 0.0016 of its gross operating revenues derived from intrastate business during the period July 1, 2011 through December 31, 2011. Each company that has not paid any regulatory assessment fees for the period January 1, 2011 through December 31, 2011, shall pay a regulatory assessment fee in the amount of 0.0018 of its gross operating revenues derived from intrastate business. The minimum regulatory assessment fees provided in paragraph (2)(b) shall apply and shall be filed in accordance with the schedules provided in subsections (3) and (4). For the purpose of determining this fee, each telecommunications company shall deduct from gross operating revenues any amount paid to another telecommunications company for the use of any telecommunications network to provide service to its customers.

(b) Effective January 1, 2012, as applicable and as provided in Sections 350.113 and 364.336, F.S., each company shall remit a fee based upon its gross operating revenue as provided below. This fee shall be referred to as a regulatory assessment fee, and each company shall pay a regulatory assessment fee in the amount of 0.0016 of its gross operating revenues derived from intrastate business. For the purpose of determining this fee, each telecommunications company shall deduct from gross operating revenues any amount paid to another telecommunications company for the use of any telecommunications network to provide service to its customers. Regardless of the gross operating revenue of a company, a minimum annual regulatory assessment fee shall be imposed as follows:

1. Local Telephone Service Provider – $600; and

2. Pay Telephone Service Provider – $100.

(3) Telecommunications companies that owed gross regulatory assessment fees of $10,000 or more for the preceding calendar year shall pay the fee and remit the appropriate form twice a year. The regulatory assessment fee and appropriate form shall be filed no later than July 30 for the preceding period of January 1 through June 30, and no later than January 30 of the following year for the period of July 1 through December 31. Telecommunications companies that owed gross regulatory assessment fees of less than $10,000 for the preceding calendar year shall pay the fee and remit the appropriate form once a year. The regulatory assessment fee and appropriate form shall be filed no later than January 30 of the subsequent year for the current calendar year operations.

(4) If the due date falls on a Saturday, Sunday, or legal holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date on the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were delivered. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage, and postmarked no later than the due date.

(5) Commission Form PSC/TEL 159 (12/11), entitled “Local Telephone Service Provider Regulatory Assessment Fee Return,” is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-00761; Form PSC/TEL 160 (12/11), entitled “Interim Local Telephone Service Provider Regulatory Assessment Fee Return,” is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-00762; Form PSC/TEL 26 (12/11), entitled “Pay Telephone Service Provider Regulatory Assessment Fee Return,” is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-00760; and Form PSC/TEL 161 (12/11), entitled “Interim Pay Telephone Service Provider Regulatory Assessment Fee Return,” is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-00763. These forms are incorporated into this rule by reference and may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a telecommunications company to receive a return form shall not excuse the company from its obligation to timely remit the regulatory assessment fees.

(6) Each telecommunications company shall have up to and including the due date in which to submit the applicable form and:

(a) Remit the total amount of its fee, or

(b) Remit an amount which the company estimates is its full fee.

(7) Where the company remits less than its full fee, the remainder of the full fee shall be due on or before the 30th day from the due date and shall, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (9)(b) of this rule.

(8) A company may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC/AIT 124 (12/11) entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-00764. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the company has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) Where a telecommunications company receives an extension of its due date pursuant to this rule, the telecommunications company shall remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fees.

(9) The delinquency of any amount due to the Commission from the telecommunications company pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) A penalty, as set out in Section 350.113, F.S., shall apply to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum shall apply to any such delinquent amounts.

(10) The Division of Administrative and Information Technology Services shall send by certified mail a regulatory assessment fee delinquency notice to any company that fails to file a regulatory assessment fee return and that fails to pay the regulatory assessment fee by the date specified in subsection (3), unless the company has met the requirements of subsections (7) and (8).

(11) If a company fails to pay the regulatory assessment fee within 20 days after receiving a delinquency notice, the Division of Administrative and Information Technology Services, in cooperation with the Office of Telecommunications and the Office of General Counsel, will establish a docket and administratively issue a Notice of Proposed Agency Action Order Imposing Penalties and Collection Costs, and Requiring Payment of Delinquent Regulatory Assessment Fees, or Cancelling Certificates for Violation of Rule 25-4.0161, F.A.C., and Section 364.336, F.S. The company must pay the past due regulatory assessment fees, the penalty and interest for late payment as provided in Section 350.113, F.S., and as stated in subsection (9) above, and must also pay the applicable penalty stated in subsection (12) for failure to file the regulatory assessment fee return.

(12) Pursuant to Section 364.285, F.S., the Commission has the authority to impose a penalty or cancel a certificate if a company refuses to comply with Commission rules, orders or Florida Statutes. The penalty, which will include collection costs, for failure to file the regulatory assessment fee return by the date stated in the delinquency notice shall be as follows:

(a) First violation – $500;

(b) Second violation – $1,000;

(c) Third violation – $2,000.

Failure of the company to pay the full amount due and stated in the Notice of Proposed Agency Action will result in the cancellation of the company’s certificate.

(13) For a company’s fourth failure to pay the regulatory assessment fee after being sent a delinquency notice, Commission staff shall file a recommendation to the Commission for further action.

(14) A company that reapplies for a Certificate of Authority must pay all prior unpaid regulatory assessment fees, plus the penalty and interest defined in subsection (9), and any prior unpaid penalty assessed in accordance with subsection (11).

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 364.285, 364.336 FS. History–New 5-18-83, Formerly 25-4.161, Amended 10-19-86, 1-1-91, 12-29-91, 1-8-95, 12-26-95, 7-7-96, 11-11-99, 12-7-04, 10-6-05, 4-16-07, 12-4-11.

Fla. Admin. Code R. 25-4.0166 Implementation of Uniform System and Classification of Accounts

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 364.335, 364.17 FS. History–New 4-25-88, Repealed 2-10-92.

Fla. Admin. Code R. 25-4.017 Uniform System of Accounts for Rate-of-Return Regulated Local Exchange Companies

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 364.17 FS. History–New 12-1-68, Amended 3-31-76, 8-21-79, 1-2-80, 12-13-82, 12-13-83, 9-30-85, Formerly 25-4.17, Amended 11-30-86, 4-25-88, 2-10-92, 8-11-92, 3-10-96, 9-15-03, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.0171 Allowance for Funds Used During Construction

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 364.035, 364.17 FS. History–New 8-11-86, Formerly 25-4.171, Amended 11-13-86, 12-7-87, 3-10-96, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.0174 Depreciation Accounts for Rate-of-Return Regulated Local Exchange Companies

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 364.17 FS. History–New 4-25-88, Amended 9-11-96, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.0175 Depreciation for Rate-of-Return Regulated Local Exchange Companies

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 364.03 FS. History–New 9-8-81, Amended 4-28-83, 1-6-85, Formerly 25-4.175, Amended 4-27-88, 12-12-91, 9-11-96, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.0176 Recovery Schedules to Promote an Economical and Efficient Telecommunications Network

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 364.03 FS. History–New 9-8-81, Formerly 25-4.176, Repealed 9-11-96.

Fla. Admin. Code R. 25-4.0178 Retirement Units for Rate-of-Return Regulated Local Exchange Companies

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 364.17 FS. History–New 4-25-88, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.018 Annual Reports

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.17 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.18, Amended 12-14-86, 7-20-89, 8-23-90, Repealed 12-27-94.

Fla. Admin. Code R. 25-4.0185 Periodic Reports

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.183(1) FS. History–New 12-14-86, Amended 7-20-89, 12-27-94, 3-10-96, 4-3-05, 10-21-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.019 Records and Reports in General

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.18, 364.183, 364.386 FS. History–New 12-1-68, Amended 5-4-81, Formerly 25-4.19, Repealed 1-25-09.

Fla. Admin. Code R. 25-4.020 Location of Records

(1) Any company that keeps its records outside the State shall reimburse the Commission for the reasonable travel expense incurred by each Commission representative during any review of the out-of-state records of the company or its affiliates. Reasonable travel expenses are those travel expenses that are equivalent to travel expenses paid by the Commission in the ordinary course of its business.

(a) The company shall remit reimbursement for out-of-state travel expenses within 30 days from the date the Commission mails the invoice.

(b) The reimbursement requirement in subsection (1) shall be waived for any company that makes its out-of-state records available at the company’s office located in Florida or at another mutually agreed upon location in Florida within 10 working days from the Commission’s initial request. If 10 working days is not reasonable because of the complexity and nature of the issues involved or the volume and type of material requested, the Commission may establish a different time frame for the company to bring records into the state. For individual data requests made during an audit, the response time frame established in Rule 25-4.0201, F.A.C., shall control.

(2) During any audit or review of records, the company shall provide Commission staff with adequate and comfortable working and filing space, consistent with the prevailing conditions and climate, and comparable with the accommodations provided the company’s outside auditors.

History

• Rulemaking Authority 350.127(2), 364.016, 364.183 FS. Law Implemented 364.016, 364.183 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.20, Amended 6-23-93, 11-13-95, 1-25-09, 6-28-12.

Fla. Admin. Code R. 25-4.0201 Audit Access to Records

This rule addresses the reasonable access to company records provided by Section 364.183(1), F.S., for the purposes of management and financial audits.

(1) The audit scope, audit program and objectives, and audit requests are not constrained by relevancy standards narrower than those provided by Section 364.183(1), F.S.

(2) Reasonable access means that company responses to audit requests for access to records shall be fully provided within the time frame established by the auditor. In establishing a due date, the auditor shall consider the location of the records, the volume of information requested, the number of pending requests, the amount of independent analysis required, and reasonable time for the company to review its response for possible claims of confidentiality or privilege.

(3) In those instances where the company disagrees with the auditor’s assessment of a reasonable response time to the request, the company shall first attempt to discuss the disagreement with the auditor and reach an acceptable revised date. If agreement cannot be reached, the company shall discuss the issue with successive levels of supervisors at the Commission until an agreement is reached. If necessary, a final decision shall be made by the Prehearing Officer. If the audit is related to an undocketed case, the Chairman shall make the decision.

(4) The company shall have the opportunity to safeguard its records by copying them or logging them out, provided, however, that safeguard measures shall not be used to prevent reasonable access by Commission auditors to company records.

(5) Reasonable access to records includes reasonable access to personnel to obtain testimonial evidence in response to inquiries or through interviews.

(6) Nothing in this rule shall preclude Commission auditors from making copies or taking notes. In the event these notes relate to documents for which the company has asserted confidential status, such notes shall also be given confidential status.

(7) Form PSC/APA 6 (2/95), entitled “Audit Document and Record Request/Notice of Intent” is incorporated by reference into this rule and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-01303. This form is used by auditors when requests are formalized. This form documents audit requests, the due dates for responses, and all Notices of Intent to Seek Confidential Classification.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.183(1) FS. History–New 3-1-95, Amended 6-28-12.

Fla. Admin. Code R. 25-4.021 System Maps and Records

History

• Rulemaking Authority 350.127(2), 364.17 FS. Law Implemented 364.17, 364.183 FS. History–New 12-1-68, Formerly 25-4.21, Repealed 11-20-08.

Fla. Admin. Code R. 25-4.022 Complaints

History

• Rulemaking Authority 350.127(2), 364.17 FS. Law Implemented 364.051, 364.17, 364.183 FS. History–New 12-1-68, Formerly 25-4.22, Amended 1-25-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.0222 Customer Premises Equipment and Station Connections

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.17 FS. History–New 3-23-82, Formerly 25-4.0222, Repealed 12-23-82.

Fla. Admin. Code R. 25-4.023 Report of Interruptions

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.17, 364.183 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.23, Amended 10-1-96, 4-3-05, 3-26-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.024 Held Applications for Service

History

• Rulemaking Authority 350.127(2), 364.17 FS. Law Implemented 364.025, 364.163, 364.17 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.24, 3-10-96, Repealed 11-20-08.

Fla. Admin. Code R. 25-4.0245 Rate of Return Report

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.117(1), 364.03(1) FS. History–New 11-18-82, Formerly 25-4.245, Amended 8-21-90, Repealed 6-9-94.

Fla. Admin. Code R. 25-4.026 Application and Scope

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.07(2) FS. History–New 5-4-81, Formerly 25-4.26, Repealed 11-1-93.

Fla. Admin. Code R. 25-4.027 Filing Requirements

PART III GENERAL MANAGEMENT REQUIREMENTS

History

• Rulemaking Authority 350.127 FS. Law Implemented 364.07(2) FS. History–New 5-4-81, Formerly 25-4.27, Amended 2-11-87, 11-27-88, Repealed 11-1-93.

Fla. Admin. Code R. 25-4.034 Network Access Tariffs

(1) Pursuant to Section 364.163, F.S., each local exchange telecommunications company shall maintain on file with the Commission tariffs which shall set forth all intrastate rates, terms and conditions for network access services.

(2) Filing shall mean received by the Office of Telecommunications during normal business hours. Any tariff received by the Office of Telecommunications after 5:00 p.m. shall be considered filed on the next regular business day. All proposed changes to an existing tariff shall either be filed by hard copy with the Director of the Office of Telecommunications, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850 or shall be filed electronically pursuant to the instructions set forth in the “E-Tariff Filings User Notes” (EFF. 10/2012), which are incorporated herein by reference and which are available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02201. These instructions can also be accessed from the Commission’s website at http://floridapsc.com/UtilityRegulation/ETariffRequirements. Hard copy filings shall include an original and one (1) copy of each revised tariff sheet. A letter of transmittal shall accompany each tariff filing, which lists the included sheets, by sheet number and revision level as specified in paragraphs (3)(c)-(e), and gives a brief description of all changes. If acknowledgment of a hard copy filing is desired, the letter of transmittal shall be sent in duplicate with a request that the duplicate be returned and a postage paid envelope shall be provided for that purpose.

(3) Network access tariffs shall comply with the following conventions:

(a) Each sheet shall have a left-hand margin of at least 3/4". All sheets and copies must be clear and legible. Tariffs shall be in loose leaf form on 8 1/2'' × 11'' sheets, typewritten on white paper, using one side of the paper only.

(b) Each sheet shall bear the name of the company, as certificated with the Commission and the effective date of the sheet.

(c) Every sheet in the tariff shall be numbered.

(d) Each sheet in the tariff shall be marked “Original Sheet” in the upper right-hand corner of the sheet. As an example: Original Sheet No. 4, or Original Sheet No. 5.2.

(e) Revised sheets in the tariff shall be marked with the 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. 4, Cancels Original Sheet No. 4.

(f) The network access tariffs shall contain at a minimum the following:

1. Table of Contents and Index. All network access tariffs shall have a table of contents identifying the page location of each section in the tariff.

2. Symbols Used in Tariff Filings. All symbols shall be defined in the network access tariff. Symbols used to indicate rate changes shall appear on the right hand side of each rate change sheet on the same line(s) in which any change has been made. If three or more consecutive lines of text are affected, one symbol shall be placed on the right hand margin on the first and last lines with a vertical line connecting the two symbols. Two or more symbols shall be placed next to each other on any line with multiple types of changes.

3. Technical Terms and Abbreviations. This section shall contain all company-specific technical and special terms and abbreviations used in the network access tariff.

History

• Rulemaking Authority 350.127(2), 364.01 FS. Law Implemented 364.01, 364.04, 364.163 FS. History–New 3-31-76, Amended 11-29-82, Formerly 25-4.34, Amended 9-13-88, 4-16-90, 3-10-96, 1-25-09, 2-5-13.

Fla. Admin. Code R. 25-4.0345 Customer Premises Equipment and Inside Wire

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03 FS. History–New 12-13-82, Amended 9-30-85, Formerly 25-4.345, Amended 4-16-90, 3-10-96, 2-1-99, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.035 Rate Area Boundaries

History

• Rulemaking Authority 364.20 FS. Law Implemented 364.05, 364.17 FS. History–New 12-1-68, Formerly 25-4.35, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.036 Design and Construction of Plant

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03, 364.15 FS. History–New 12-1-68, Amended 4-19-77, Formerly 25-4.36, Amended 2-5-86, 3-26-91, 5-3-94, 12-23-02, 12-29-05, 9-5-07, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.037 Telephone Lines Crossing Railroads

History

• Rulemaking Authority 350.20 FS. Law Implemented 364.03 FS. History–New 12-1-68, Formerly 25-4.37, Repealed 5-9-76.

Fla. Admin. Code R. 25-4.038 Safety

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03 FS. History–New 12-1-86, Formerly 25-4.38, Amended 4-3-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.039 Traffic

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.39, Amended 3-10-96, Repealed 11-20-08.

Fla. Admin. Code R. 25-4.040 Telephone Directories; Directory Assistance

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.02(2), 364.025, 364.0251, 364.03, 364.385, 365.171, 395.1027 FS. History–New 12-1-68, Amended 3-31-76, 1-4-78, 12-10-84, Formerly 25-4.40, Amended 11-28-89, 3-31-91, 2-11-92, 12-16-94, 11-20-08, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.0405 Telephone Directory Advertising Revenues

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.037 FS. History–New 4-20-86, Formerly 25-4.405, Amended 4-25-88, 3-10-96, 9-15-03, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.041 Courtesy

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03 FS. History–New 12-1-68, Formerly 25-4.41, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.042 Extended Area Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15, 364.17, 364.385 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.42, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.043 Response to Commission Staff Inquiries

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.183 FS. History–New 12-1-68, Formerly 25-4.43, Repealed 11-28-12.

Fla. Admin. Code R. 25-4.045 Cross-Subsidization of Local Exchange Company Competitive Services by Monopoly Services

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(3)(e), 364.338, 364.3381 FS. History–New 5-24-94, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.046 Incremental Cost Data Submitted by Local Exchange Companies

PART IV CLASSIFICATION OF TELEPHONE EXCHANGES AND EXTENDED AREA SERVICE

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.3381 FS. History–New 5-24-95, Repealed 3-26-09.

Fla. Admin. Code R. 25-4.053 Application and Scope

History

• Rulemaking Authority 350.127(2), 364.05 FS. Law Implemented 364.05 FS. History–New 1-20-63, Amended 12-1-68, Formerly 25-4.53, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.054 Maintenance of Records

History

• Rulemaking Authority 350.127(2), 364.05 FS. Law Implemented 364.04, 364.05, 364.18 FS. History–New 1-20-63, Amended 12-1-68, Formerly 25-4.54, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.055 Classification of Exchanges

History

• Rulemaking Authority 350.127(2), 364.05 FS. Law Implemented 364.025, 364.05, 364.051 FS. History–New 1-20-63, Amended 7-21-65, 12-1-68, Formerly 25-4.55, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.056 Reclassification of Exchanges

Subpart B Extended Area Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.025, 364.05 FS. History–New 1-20-63, Amended 12-1-68, 3-31-76, 12-10-84, Formerly 25-4.56, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.057 Application and Scope

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.14, 364.15, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.57, Amended 10-5-92, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.058 Conditions for Approval

History

• Rulemaking Authority 350.127 FS. Law Implemented 364.03, 364.14, 364.15, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.58, Amended 10-5-92, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.059 Filing Requirements

History

• Rulemaking Authority 350.127 FS. Law Implemented 364.03, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.59, Amended 10-5-92, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.060 Community of Interest Considerations

History

• Rulemaking Authority 350.127 FS. Law Implemented 364.03, 364.14, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.60, Amended 10-5-92, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.061 Hearings

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.61, Amended 10-5-92, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.062 Assigned Recovery of Costs

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03 FS. History–New 4-14-81, Formerly 25-4.62, Repealed 10-5-92.

Fla. Admin. Code R. 25-4.063 Subscriber Survey

History

• Rulemaking Authority 350.127 FS. Law Implemented 364.03, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.63, Amended 10-5-92, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.064 Alternatives to Non-Optional Extended Area Service

PART V GENERAL SERVICE PROVISIONS

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.14, 364.385(2) FS. History–New 4-14-81, Formerly 25-4.64, Amended 10-5-92, Repealed 1-28-08.

Fla. Admin. Code R. 25-4.066 Availability of Basic Local Telecommunications Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.025, 364.15, 364.183, 364.185 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.66, Amended 3-10-96, 4-3-05, 4-3-05, 10-21-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.0665 Lifeline Assistance

(1) Eligible Telecommunications Companies must offer Lifeline Assistance as prescribed by the Federal Communications Commission in Title 47, Code of Federal Regulations, Part 54, Subpart E, Universal Service Support for Low-Income Consumers, Sections 54.400 through 54.423, as codified on October 1, 2021, which are hereby incorporated into this rule by reference, and which are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15272 and may also be obtained from the Office of Industry & Market Analysis, Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850.

(2) Eligible telecommunications carriers may assist customers with enrolling in the Lifeline program through the provider portal with the National Lifeline Eligibility Verifier, as defined in Title 47, Code of Federal Regulations, Part 54, Subpart E, Universal Service Support for Low-Income Consumers, Section 54.400(o).

(3) All eligible telecommunications carriers shall participate in the Lifeline Promotion Process. For purposes of this rule, the Lifeline Promotion Process is an electronic interface between the Department of Children and Families, the Commission, and the eligible telecommunications carrier to provide eligible consumers information on how to apply for Lifeline assistance following enrollment in a qualifying public assistance program.

(a) The eligible telecommunications carrier must maintain with the Commission the name(s), email address(es), and telephone number(s) of at least one company representative who will manage the user accounts on the Commission’s Lifeline secure website.

(b) The Commission shall send an email to the eligible telecommunications carrier informing the eligible telecommunications carrier that a list of customers enrolled in a Lifeline qualifying public assistance program is available for retrieval from the Commission’s Lifeline secure website.

(c) Eligible telecommunications carriers must contact customers on the list to whom they provide service and that do not already participate in Lifeline, to inform them of the Lifeline application process with the National Lifeline Eligibility Verifier. For customers on the list that are not contacted by the eligible telecommunications carrier, within 20 calendar days of receiving the Commission’s email notification, the eligible telecommunications carrier must provide to the Commission the customer identification number, name, address, telephone number, and the Department of Children and Families application date. This information can be provided via the Commission’s dedicated Lifeline facsimile telephone line at (850)717-0108, an electronic response via the Commission’s Lifeline secure website, or file the information with the Office of Commission Clerk.

(d) Pursuant to Section 364.107(1), F.S., information filed by the eligible telecommunications carrier in accordance with paragraph (3)(c) of this rule is confidential and exempt from Section 119.07(1), F.S. However, the eligible telecommunications carrier may disclose such information consistent with the criteria in Section 364.107(3)(a), F.S. For purposes of this rule, the information filed by the eligible telecommunications carrier will be presumed necessary for disclosure to the Commission pursuant to the criteria in Section 364.107(3)(a)4., F.S.

(4) Eligible telecommunications carriers must advertise the availability of Lifeline assistance. Pursuant to Title 47, Code of Federal Regulations, Part 54, Subpart E, Section 54.405(b), all eligible telecommunications carriers are obligated to publicize the availability of Lifeline assistance in a manner reasonably designed to reach those likely to qualify for the assistance. Only posting the availability of Lifeline assistance on an eligible telecommunications carrier’s website is insufficient to meet this requirement. Advertising the availability of Lifeline assistance can be achieved by using any of the following media: flyers, local newspaper ads, local TV ads, mail, email, web advertisements, bill inserts, and other text-based methods of advertisement or a combination of such media. Pursuant to Title 47 of the United States Code, Section 214(e)(1)(B), as amended December 1, 1997, which is hereby incorporated into this rule by reference, and which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10057 and may also be obtained from the Office of Industry & Market Analysis, Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850, charges must also be included in the Lifeline advertisement. The company may redirect consumers to a toll free customer service number and website to see applicable charges and fees in lieu of listing all charges in an advertisement.

(5) An eligible telecommunications carrier or its designee must provide written notice prior to the termination of Lifeline assistance pursuant to Title 47, Code of Federal Regulations, Part 54, Subpart E, Section 54.405(e) Carrier obligation to offer Lifeline, De-enrollment. The notice of impending termination shall contain the telephone number at which the subscriber can obtain information about the subscriber’s Lifeline assistance from the eligible telecommunications carrier. The notice shall also inform the subscriber of the availability, pursuant to Section 364.105, F.S., of discounted residential basic local telecommunications service.

(6) All eligible telecommunications carriers shall provide current Lifeline program company information to the Universal Service Administrative Company at www.lifelinesupport.org so that the information can be posted on the Universal Service Administrative Company’s consumer website.

(7) Eligible telecommunications carriers must file all reports with the Commission in accordance with Title 47, Code of Federal Regulations, Part 54, Subpart E, Section 54.422(c), Annual reporting for eligible telecommunications carriers that receive low-income support.

History

• Rulemaking Authority 350.127(2), 364.10(4) FS. Law Implemented 364.10, 364.105, 364.183(1) FS. History–New 1-2-07, Amended 12-6-07, 6-23-10, 11-21-18, 4-26-23.

Fla. Admin. Code R. 25-4.067 Extension of Facilities – Contributions in Aid of Construction

History

• Rulemaking Authority 350.127(2), 364.10 FS. Law Implemented 364.025, 364.03, 364.07, 364.08, 364.15 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.67, Amended 3-10-96, Repealed 3-26-09.

Fla. Admin. Code R. 25-4.068 Grades of Service

History

• Rulemaking Authority 364.20 FS. Law Implemented 364.03, 364.15 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.68, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.069 Maintenance of Plant and Equipment

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 12-1-68, Amended 12-13-82, 9-30-85, Formerly 25-4.69, Amended 4-16-90, 3-10-96, Repealed 1-25-09.

Fla. Admin. Code R. 25-4.070 Customer Trouble Reports for Basic Local Telecommunications Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.15, 364.183, 364.386 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.70, Amended 6-24-90, 3-10-96, 4-3-05, 10-21-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.071 Adequacy of Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03, 364.15, 364.17, 364.18, 364.183, 364.19, 364.386 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.71, Amended 6-24-90, 3-10-96, 3-26-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.072 Transmission Requirements

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03, 364.15, 364.386 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.72, Amended 3-10-96, 4-3-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.073 Answering Time for Basic Local Telecommunications Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.386, 365.171 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.73, Amended 11-24-92, 4-3-05, 10-21-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.074 Intercept Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.03, 364.051 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.74, Amended 3-10-96, 3-26-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.075 Foreign Exchange Service

History

• Rulemaking Authority 364.20 FS. Law Implemented 364.16, 364.20 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.75, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.0751 Direct Distance Dialing Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03 FS. History–New 3-31-76, Formerly 25-4.751, Amended 6-24-90, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.076 Pay Telephone Service Provided By Local Exchange Companies

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03 FS. History–New 12-1-68, Amended 3-31-76, 3-6-78, Formerly 25-4.76, Amended 1-5-87, 4-14-92, 12-21-92, 2-3-93, 10-10-94, 12-27-94, Repealed 2-1-99.

Fla. Admin. Code R. 25-4.077 Metering and Recording Equipment

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.03, 364.051, 364.19 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.77, Amended 6-24-90, 3-10-96, Repealed 11-20-08.

Fla. Admin. Code R. 25-4.078 Emergency Operation

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.025, 364.03 FS. History–New 12-1-68, Amended 3-31-76, Formerly 25-4.78, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.079 Hearing/Speech Impaired Persons

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.02, 364.025, 364.03, 364.04 FS. History–New 4-5-88, Amended 6-3-90, 5-8-05, 11-20-08, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.081 Emergency 911 Access

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01(4), 364.02, 364.025, 364.03(3), 365.171, 364.385 FS. History–New 1-5-97, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.082 Number Portability

(1) The serving local provider shall facilitate porting of the subscriber’s telephone number upon request from the acquiring company.

(2) A working number (e.g., a telephone number that is fully functional to the customer) shall be ported regardless of whether a balance is owed.

(3) A local provider shall not disconnect a subscriber’s working number, regardless of whether a balance is owed, after receiving a local service request from another local provider.

History

• Rulemaking Authority 350.127 FS. Law Implemented 364.01, 364.16 FS. History–New 9-9-04.

Fla. Admin. Code R. 25-4.083 Preferred Carrier Freeze

History

• Rulemaking Authority 350.127, 364.01, 364.603 FS. Law Implemented 364.01, 364.603 FS. History–New 9-9-04, Amended 10-21-09, Repealed 2-5-13.

Fla. Admin. Code R. 25-4.084 Carrier-of-Last-Resort; Multitenant Business and Residential Property

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.025 FS. History–New 2-20-07, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.085 Service Guarantee Program

PART VI TELEPHONE UNDERGROUND EXTENSIONS

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.01(4), 364.03, 364.035, 364.386 FS. History–New 6-14-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.088 Applicability

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Formerly 25-4.88, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.089 Definitions

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Formerly 25-4.89, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.090 Rights of Way and Easements

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Amended 3-31-76, Formerly 25-4.90, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.091 Installation of Underground Distribution System Within Subdivision

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Formerly 25-4.91, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.092 Schedule of Charges

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.04, 364.15 FS. History–New 4-10-71, Formerly 25-4.92, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.093 Connection of Existing System

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Formerly 25-4.93, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.094 Advance by Applicant

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Formerly 25-4.94, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.095 Construction Practices

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Formerly 25-4.95, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.096 Records and Reports

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15, 364.183 FS. History–New 4-10-71, Formerly 25-4.96, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.097 Special Conditions

PART VII CUSTOMER RELATIONS

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.15 FS. History–New 4-10-71, Formerly 25-4.97, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.107 Information to Residential Customers; Installment Plan

History

• Rulemaking Authority 350.127(2), 364.14(2) FS. Law Implemented 364.025, 364.0252, 364.03, 364.04, 364.051, 364.15, 350.127 FS. History–New 7-5-79, Amended 11-30-86, 11-28-89, 3-31-91, 10-30-91, 3-26-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.108 Initiation of Service

History

• Rulemaking Authority 350.127(2), 364.14(2) FS. Law Implemented 364.025, 364.03, 364.04, 364.051, 364.08, 364.15 FS. History–New 12-1-68, Amended 10-30-91, Repealed 3-26-09.

Fla. Admin. Code R. 25-4.109 Residential Customer Deposits

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.07, 364.19 FS. History–New 12-1-68, Amended 4-1-69, 7-20-73, 3-31-76, 6-10-80, 9-16-80, 1-31-84, 10-13-88, 8-29-89, 4-25-94, 3-26-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.110 Customer Billing for Local Exchange Telecommunications Companies

History

• Rulemaking Authority 350.127, 364.604(5) FS. Law Implemented 350.113, 364.04, 364.052, 364.3382, 364.602, 364.603, 364.604 FS. History–New 12-1-68, Amended 3-31-76, 12-31-78, 1-17-79, 7-28-81, 9-8-81, 5-3-82, 11-21-82, 4-13-86, 10-30-86, 11-28-89, 3-31-91, 11-11-91, 3-10-96, 12-28-98, 7-5-00, 11-16-03, 10-21-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.111 Customer Complaints and Service Requests

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.051, 364.07, 364.19 FS. History–New 12-1-68, Amended 3-31-76, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.112 Termination of Service by Customer

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.19 FS. History–New 12-1-68, Repealed 1-25-09.

Fla. Admin. Code R. 25-4.113 Refusal or Discontinuance of Service by Company

History

• Rulemaking Authority 350.127, 427.704(8) FS. Law Implemented 427.704 FS. History–New 12-1-68, Amended 3-31-76, 10-25-84, 10-30-86, 1-1-91, 9-16-92, 1-7-93, 1-25-95, 7-5-00, Repealed 11-21-18.

Fla. Admin. Code R. 25-4.114 Refunds

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.05(4), 364.055(2), 364.07, 364.08, 364.19 FS. History–New 8-18-83, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.115 Directory Assistance

History

• Rulemaking Authority 350.127 FS. Law Implemented 364.02, 364.025, 364.03, 364.04, 364.07, 364.08 FS. History–New 6-12-86, Amended 6-3-90, 5-31-93, 11-21-95, 5-8-05, 1-25-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.116 Telephone Number Assignment Procedure

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.14, 364.16 FS. History–New 2-9-87, Repealed 11-20-08.

Fla. Admin. Code R. 25-4.117 Toll Free Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.04, 364.051 FS. History–New 3-5-90, Amended 1-25-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.118 Changing of a Subscriber’s Telecommunications Service and Preferred Carrier Freeze

(1) A telecommunications company shall meet the requirements as prescribed by the Federal Communications Commission in Title 47, Code of Federal Regulations, Part 64, Subpart K, Sections 64.1100 Definitions, as amended March 1, 2001, 64.1120 Verification of Orders for Telecommunications Service, as amended March 12, 2008, and 64.1130 Letter of Agency Form and Content, as amended March 12, 2008, which are hereby incorporated into this rule by reference and which are available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02209.

(2)(a) A telecommunications company shall not be deemed to have committed an unauthorized carrier change infraction if the company, including its agents and contractors, did the following:

1. Followed the procedures required under subsection (1) in good faith, with respect to the person requesting the change; and

2. Complied with the credit procedures of subsection (3).

(b) In cases where a company fails to meet the requirements of paragraph (2)(a), the Commission will determine whether penalties or other remedies are appropriate for an unauthorized carrier change infraction. In so doing, the Commission will consider the actions taken by the company to mitigate or undo the effects of the unauthorized change. These actions will include whether the company, including its agents and contractors:

1. Followed the procedures required under subsection (1) with respect to the person requesting the change in good faith;

2. Complied with the credit procedures of subsection (3);

3. Took prompt action in response to the unauthorized change;

4. Reported to the Commission any unusual circumstances that might have adversely affected customers such as system errors or inappropriate marketing practices that resulted in unauthorized changes and the remedial action taken;

5. Reported any unauthorized carrier changes concurrently affecting a large number of customers; and

6. Took other corrective action to remedy the unauthorized change appropriate under the circumstances.

(3) Charges for unauthorized carrier changes billed on behalf of the unauthorized carrier for the first 30 days or first billing cycle, whichever is longer, shall be credited to the customer by the company responsible for the error within 45 days of notification to the company by the customer, unless the claim is false. Upon notice from the customer of an unauthorized carrier change, the telecommunications company shall change the customer back, or to another company of the customer’s choice.

(4) A telecommunications company shall make available a preferred carrier freeze upon a subscriber’s request and shall meet the requirements as prescribed by the Federal Communications Commission in Title 47, Code of Federal Regulations, Part 64, Subpart K, Section 64.1190, Preferred Carrier Freezes, as amended March 12, 2008, which is hereby incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02210.

(5) A preferred carrier freeze shall not be required as a condition for obtaining service.

(6) A preferred carrier freeze shall be implemented or removed at no charge to the subscriber.

(7) A telecommunications company shall provide notification to subscribers with the customer’s first bill, by letter or by electronic communication, and annually thereafter, that a preferred carrier freeze is available at no charge. Existing customers shall be notified annually that a preferred carrier freeze is available at no charge. Any of the foregoing notifications may be provided by a standard sized message on a customer’s bill.

History

• Rulemaking Authority 350.127(2), 364.16(5) FS. Law Implemented 364.01, 364.16(5), 364.285 FS. History–New 3-4-92, Amended 5-31-95, 12-28-98, 5-8-05, 2-5-13.

Fla. Admin. Code R. 25-4.119 Line Information Database Maintenance

(1) Within 6 months of the effective date of this rule, each local exchange telecommunications company shall:

(a) Update the Line Information Database (LIDB) with the account ownership code of the Competitive Local Exchange Company (CLEC) claiming the customer, provided the CLEC has contracted with the local exchange company (LEC) to provide such information or has purchased the line directly from the local exchange company; and

(b) Provide CLECs access to LIDB, or provide updates on a contractual basis, at reasonable cost-based terms and conditions, for each CLEC that enters into a contract.

(2) LECs are exempt from subsection (1) of this rule if there is no CLEC within the service area that allows third-party or collect calls. If a CLEC in the service area elects to allow third-party or collect calls, the LEC shall comply with this rule within 6 months after such time.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115 FS. History–New 4-7-03.

Fla. Admin. Code R. 25-4.123 Rules for General Application

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 11-21-65, Amended 12-1-68, 3-27-69, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.124 Applications for Certificates of Public Convenience and Necessity

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 11-21-65, Amended 12-1-68, 3-27-69, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.125 Service

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 3-27-69, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.126 Reports, Records, and Reports in General

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 3-27-69, Amended 3-31-76, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.127 Tariffs

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 3-27-69, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.128 Procedures

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 3-27-69, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.129 Uniform System of Accounts

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.42 FS. History–New 1-1-73, Amended 3-19-78, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.130 Annual Reports

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 3-31-76, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.131 Location and Preservation of Records

PART VIII RADIO COMMON CARRIERS

PART IX ACCOUNTING AND REVENUE REQUIREMENTS

Subart A Accounting Reports

History

• Rulemaking Authority 364.42 FS. Law Implemented 364.41 FS. History–New 3-31-76, Repealed 5-14-91.

Fla. Admin. Code R. 25-4.135 Annual Reports

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.17 FS. History–New 12-27-94, Amended 3-10-96, 9-15-03, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.1351 Diversification Reports

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.17 FS. History–New 12-27-94, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.1352 Earnings Surveillance Report

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.117(1), 364.03(1) FS. History–New 6-9-94, Amended 3-10-96, Repealed 9-15-03.

Fla. Admin. Code R. 25-4.1353 Forecasted Earnings Surveillance Report

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.117(1), 364.03(1) FS. History–New 1-11-95, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.1357 Annual Separations Cost Study

Subpart B Revenue Requirements

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.07(2) FS. History–New 11-1-93, Amended 3-10-96, Repealed 9-15-03.

Fla. Admin. Code R. 25-4.140 Test Year Notification

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.05(3) FS. History–New 5-4-81, Amended 10-15-84, 9-21-92, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.141 Minimum Filing Requirements for Rate-of-Return Regulated Local Exchange Companies; Commission Designee

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.05(4) FS. History–New 5-4-81, Amended 7-29-85, 6-12-86, 2-3-88, 3-10-96, 1-31-00, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.142 Burden of Proof and Audit Provisions

PART X TELECOMMUNICATIONS ACCESS SYSTEM

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.05(4) FS. History–New 5-4-81, Repealed 3-10-96.

Fla. Admin. Code R. 25-4.150 The Administrator

(1) The Administrator is defined by Section 427.703(1), F.S.

(2) For the purposes of implementing Section 427.704(2), F.S., the Commission designates Florida Telecommunications Relay, Inc. as the Administrator. The Administrator’s offices are located at 1820 East Park Avenue, Suite 101, Tallahassee, FL 32301, telephone number 1(800)222-3448.

(3) The Administrator will be responsible for receiving and distributing funds from the operating fund. The Administrator will expend no funds from the operating fund to be used to pay for the cost of the Advisory Committee. The Administrator will expend no funds from the operating fund to be used to pay for entertainment.

(4) The Administrator shall remit payment from available operating funds for all bills rendered by the Provider of relay services within 15 days of receipt. If the Administrator challenges the accuracy of a bill, payment may be withheld only for the challenged portion of the bill and the Administrator shall present to the Commission any unresolved billing issues within 30 days of the bill’s original due date.

(5) The Administrator shall verify customer eligibility for the distribution of specialized communications technology as defined in Section 427.703(17), F.S. To be eligible to receive specialized communications technology, the customer must show proof of income less than 250 percent of the federal poverty level, or participation in the Supplemental Nutrition Assistance Program, Medicaid, Supplemental Security Income, or Section 8 Housing Choice Voucher Program, or who receive either a Veterans Pension or Survivors Pension from the Department of Veterans Affairs.

History

• Rulemaking Authority 427.704(7) FS. Law Implemented 427.703(1), 427.705 FS. History–New 2-25-92, Amended 9-16-92, 12-2-25.

Fla. Admin. Code R. 25-4.160 Operation of Telecommunications Relay Service

(1) When a local exchange telecommunications company passes a call to the Florida relay service provider, it shall also forward the calling party’s originating telephone number if the calling party’s central office has that capability.

(2) To fund the telecommunications access system established under Chapter 427, F.S., all local exchange telecommunications companies shall impose a monthly surcharge on all local exchange telecommunications company subscribers, excluding federal, state, and county agencies, on an individual access line basis, except that such surcharge shall not be imposed upon more than 25 basic telecommunications access lines per account bill rendered.

(a) A local exchange telecommunications company shall consider an account bill rendered in a manner consistent with its billing practices for other telecommunications services.

(b) Except as otherwise provided by law, the surcharge billed by the local exchange telecommunications companies is not subject to any sales, use, franchise, income, municipal utility, gross receipts, or any other tax, fee, or assessment, nor shall it be considered revenue of the local exchange telecommunications companies for any purpose.

(c) All local exchange telecommunications companies shall include the surcharge as a part of the local service charge that appears on the customer’s bill except that the surcharge may be itemized if a company monthly itemizes all local service charges. However, the local exchange telecommunications company shall itemize the surcharge on the initial bill to the subscriber and itemize it at least once annually. The local exchange telecommunications company may deduct and retain 1 percent of the total surcharge amount collected each month to recover the billing, collecting, remitting, and administrative costs attributed to the surcharge. All moneys received by the local exchange telecommunications company, less the authorized amount retained, shall be submitted so as to be received by the Administrator within fifteen days after the end of the previous month. Each local exchange telecommunications company shall follow the same procedures for collecting this surcharge as for collecting for other regulated telecommunications services.

(3) For purposes of this part, the term “local exchange telecommunications company” shall be defined in Section 427.703(12), F.S. The term shall include shared tenant service providers and competitive local exchange companies.

PART XI STREAMLINED REGULATORY PROCEDURES FOR SMALL LECS

History

• Rulemaking Authority 350.127(2), 427.704(7) FS. Law Implemented 427.704(4),(5) FS. History–New 9-16-92, Amended 4-8-98, 5-22-12, 12-2-25.

Fla. Admin. Code R. 25-4.200 Application and Scope

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.052 FS. History–New 3-10-96, Repealed 1-25-09.

Fla. Admin. Code R. 25-4.202 Construction

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.052 FS. History–New 3-10-96, Amended 1-31-00, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.210 Service Evaluations and Investigations

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.052, 364.15, 364.18 FS. History–New 3-10-96, Repealed 10-13-11.

Fla. Admin. Code R. 25-4.214 Tariff Filings

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.04, 364.052 FS. History–New 3-10-96, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.215 Limited Scope Proceedings

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.05, 364.052, 364.058 FS. History–New 3-10-96, Amended 11-20-08, Repealed 9-15-09.

Fla. Admin. Code R. 25-4.511 Application for Original or Transfer of Pay Telephone Certificate

(1) In order to provide pay telephone service, a certificate or transfer of certificate must be granted by the Florida Public Service Commission.

(2) Each applicant shall apply by using Form PSC 1021 (1/18), entitled “Application for Original Authority or Transfer of Authority to Provide Pay Telephone Service In the State of Florida.” The application is incorporated into this rule by reference and may be obtained from the Commission’s website at http://www.floridapsc.com/telecommunication/TelecomPATSApplication or from the Office of Industry Development and Market Analysis. Such form may also be accessed at the Department of State website at: http://www.flrules.org/Gateway/reference.asp?No=Ref-09234. A non-refundable application or transfer fee of $250.00 must accompany the filing of each application to cover processing costs. The Commission’s acceptance of the application fee does not imply that the application or transfer of a certificate will be granted.

(3) Certificates authorizing pay telephone service shall not be transferred by the holder without prior Commission approval.

(4) The application shall be filed with the Office of Commission Clerk.

(5) A certificate to provide pay telephone service does not carry with it the authority to provide local exchange service. A separate application must be made for authority to provide this service.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.3375 FS. History–New 1-5-87, Amended 9-28-89, 4-7-91, 11-20-91, 12-21-92, 2-1-99, 1-5-06, 5-29-08, 2-7-13, Formerly 25-24.511, Amended 4-3-18.

Fla. Admin. Code R. 25-4.512 Application for Approval of Sale or Transfer of Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.32, 364.33, 364.3375 FS. History–New 1-5-87, Amended 5-15-89, 1-5-06, 5-29-08, 2-7-13, Formerly 25-24.512, Repealed 4-3-18.

Fla. Admin. Code R. 25-4.515 Pay Telephone Service

(1) Each pay telephone station shall be equipped with a legible sign, card, or plate of reasonable permanence which shall identify the following:

(a) The telephone number and location address of the pay telephone station,

(b) The name and certificate number of the certificate holder,

(c) The party responsible for repairs and refunds, address of responsible party, free phone number of responsible party,

(d) Clear dialing instructions (including notice of the lack of availability of local or toll services),

(e) The local coin rate.

(2) Pay telephone stations shall be lighted during the hours of darkness when light from other sources is not adequate to read instructions and use the instrument.

(3) Each pay telephone station that provides access to any interexchange company shall provide coin free access, to all locally available interexchange companies. The pay telephone station shall provide such access through the forms of access purchased by locally available long distance carriers such as 10XXX+0, 10XXXX+0, 101XXXX+0, 950, toll free (e.g., 800, 877 and 888) access.

(4) Each pay telephone station shall permit free access to the universal telephone number “911”.

History

• Rulemaking Authority 350.127(2), 365.171(8) FS. Law Implemented 364.3375, 365.171 FS. History–New 1-5-87, Amended 4-14-92, 12-21-92, 2-3-93, 10-10-94, 12-27-94, 9-5-95, 2-1-99, 12-23-02, 4-5-05, 12-29-05, 9-5-07, 2-7-13, Formerly 25-24.515.

Fla. Admin. Code R. 25-4.520 Reporting Requirements

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 350.117, 364.3375 FS. History–New 1-5-87, Amended 1-2-91, 12-29-91, 2-1-99, Formerly 25-24.520, Repealed 8-6-19.

Fla. Admin. Code R. 25-4.0341 Filing of Service Schedules

(1) Telecommunications companies electing to file service schedules with the Florida Public Service Commission shall either file an original and one (1) hard copy of all new service schedules and proposed changes to existing service schedules with the Director of the Office of Telecommunications, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, or shall file electronically pursuant to the instructions set forth in the “E-Tariff Filings User Notes” (EFF. 10/2012), which are incorporated herein by reference and which are available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02208. These instructions can also be accessed from the Commission’s website at http://floridapsc.com/UtilityRegulation/ETariffRequirements. Any schedule received by the Office of Telecommunications after 5:00 p.m. shall be considered filed on the next regular business day. A letter of transmittal shall accompany each filing, which lists the included sheets by sheet number and revision level and gives a brief description of all changes. If acknowledgment of a hard copy filing is desired, the letter of transmittal shall be sent in duplicate with a request that the duplicate be returned and a postage paid envelope shall be provided for that purpose.

(2) Each local telecommunications company that elects not to file service schedules with the Commission shall notify the Office of Telecommunications at the address listed in subsection (1) of the location where such service schedules are available to its customers.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.04 FS. History–New 2-5-13.

Chapter 25-6 ELECTRIC SERVICE BY ELECTRIC PUBLIC UTILITIES

Fla. Admin. Code R. 25-6.001 Authorization of Rules

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.01, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.002 Application and Scope

(1) These rules and regulations shall apply to all electric public utilities operating under the jurisdiction of the Florida Public Service Commission. They are intended to define and promote good utility practices and procedures, adequate and efficient service to the public at reasonable costs, and to establish the rights and responsibilities of both the utility and the customer.

(2) No deviation from these rules shall be permitted unless authorized in writing by the Commission.

(3) The adoption of these rules shall not in any way relieve any utility from any of its duties under the laws of the state.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.02, Amended 1-31-00.

Fla. Admin. Code R. 25-6.003 Definitions

(1) “Commission.” Unless a different intent clearly appears from the context, the word “Commission” means the Florida Public Service Commission.

(2) “Customer.” Any person, firm, partnership, company, corporation, association, governmental agency or similar organization, who makes application for and is supplied with electric service by the utility for its ultimate use and not for use by, to, or through any other person or entity unless specifically authorized by the Commission.

(3) “Meter.” The word “meter,” when used in these rules without other qualification, means any device used for the purpose of measuring the service rendered to a customer by a utility.

(4) “Point of Delivery.” The first point of connection between the facilities of the serving utility and the premises wiring.

(5) “Service.” The supply by the utility of electricity to the customer, including the readiness to serve and availability of electrical energy at the customer’s point of delivery at the standard available voltage and frequency whether or not utilized by the customer.

(6) “Service Drop.” The overhead service conductors from the last pole or other aerial support to and including the splices, if any, connecting to the service entrance conductors at the building or other structure.

(7) “Service Lateral.” The underground conductors between the transformer(s) or transformer secondary, including any risers at a pole or other structure, and the point of delivery.

(8) “Utility.” Unless a different intent clearly appears from the context, the word or words “utility” or “electric utility” as used in these rules has the same meaning as “public utility” as defined in Section 366.02, F.S., and includes all such utilities subject to Commission jurisdiction.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.03, Amended 12-4-03, 9-1-26.

Fla. Admin. Code R. 25-6.004 Reference to Commission

PART II RECORDS AND REPORTS

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.04, Repealed 11-28-12.

Fla. Admin. Code R. 25-6.013 Gross Intrastate Operating Revenue Report

History

• Rulemaking Authority 350.12(2)(m) FS. Law Implemented 350.12(2)(m) FS. History–New 7-3-74, Formerly 25-6.13, Repealed 5-18-83.

Fla. Admin. Code R. 25-6.0131 Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives

(1) As applicable and as provided in Section 350.113, F.S., and Section 366.14, F.S., each company, utility, or cooperative shall remit to the Commission a fee based upon its gross operating revenue. This fee shall be referred to as a regulatory assessment fee. Regardless of the gross operating revenue of a company, utility, or cooperative, a minimum annual regulatory assessment fee of $25 shall be imposed.

(a) Each investor-owned electric company shall pay a regulatory assessment fee in the amount of 0.000848 of its gross operating revenues derived from intrastate business, excluding sales for resale between investor-owned electric companies, municipal electric utilities, and rural electric cooperatives or any combination thereof.

(b) Each municipal electric utility and rural electric cooperative shall pay a regulatory assessment fee in the amount of 0.00009905 of its gross operating revenues derived from intrastate business, excluding sales for resale between investor-owned electric companies, municipal electric utilities, and rural electric cooperatives or any combination thereof.

(2) Regulatory assessment fees are due each January 30 for the preceding period or any part of the period from July 1 until December 31, and on July 30 for the preceding period or any part of the period from January 1 until June 30.

(3) If the due date falls on a Saturday, Sunday, or a holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date on the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were delivered. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage and postmarked no later than the due date.

(4) Commission Form PSC/ECO 68 (01/24), entitled “Investor-Owned Electric Utility Regulatory Assessment Fee Return”; is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16449; Commission Form PSC/ECO 69 (01/24), entitled “Municipal Electric Utility Regulatory Assessment Fee Return” is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16450; and Commission Form PSC/ECO 70 (01/24), entitled “Rural Electric Cooperative Regulatory Assessment Fee Return” is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16448. These forms are incorporated into this rule by reference and may be also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a company, utility, or cooperative to receive a return form shall not excuse the company, utility, or cooperative from its obligation to timely remit the regulatory assessment fees.

(5) Each company, utility, or cooperative shall have up to and including the due date in which to:

(a) Remit the total amount of its fee; or

(b) Remit an amount which the company, utility, or cooperative estimates is its full fee.

(6) Where the company, utility, or cooperative remits less than its full fee, the remainder of the full fee shall be due on or before the 30th day from the due date and shall, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (8)(b) of this rule.

(7) A company, utility, or cooperative may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC/AIT 124 (12/11), entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02620. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the company, utility, or cooperative has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) Where a company, utility, or cooperative receives an extension of its due date pursuant to this rule, the entity shall remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(8) The delinquency of any amount due to the Commission from the company, utility, or cooperative pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) A penalty, as set out in Section 350.113(4), F.S., shall apply to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum shall apply to any such delinquent amounts.

History

• Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 350.113, 366.14 FS. History–New 5-18-83, Amended 2-9-84, Formerly 25-6.131, Amended 6-18-86, 10-16-86, 3-7-89, 2-19-92, 7-7-96, 1-1-99, 5-7-13, 4-1-24.

Fla. Admin. Code R. 25-6.014 Records and Reports in General

(1) Except as modified in subsection (2), each investor-owned electric utility shall maintain its accounts and records in conformity with the Uniform System of Accounts (USOA) for Public Utilities and Licensees as found in the Code of Federal Regulations, Title 18, Subchapter C, Part 101, for Major Utilities (2013), which is hereby incorporated by reference into this rule and may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04826 and http://www.flrules.org/Gateway/reference.asp?No=Ref-04827. All inquiries relating to interpretation of the USOA shall be submitted to the Commission’s Division of Accounting and Finance in writing.

(2) For ratemaking purposes only, each investor-owned electric utility shall accrue unbilled base rate revenues, excluding those base rate revenues recoverable through other cost recovery or adjustment mechanisms.

(3) Each utility shall establish and maintain continuing property records in conformity with the plant accounts prescribed in the USOA. The records shall be compiled on the basis of original cost or other book cost consistent with the provisions of the USOA. The continuing property records or records supplemental thereto shall contain such detailed description and classification of property record units that will permit their ready identification and verification. They shall be maintained in such manner as will meet the following basic objectives:

(a) An inventory of property record units which may be readily checked for proof of physical existence;

(b) The association of costs with such property record units to assure accurate accounting for retirements; and

(c) The determination of dates of installation and removal of plant to provide data for use in connection with depreciation studies.

(4) For each utility providing data to the Commission, all data shall be consistent with and reconcilable with the utility’s Annual Report to the Commission.

(5) During visits authorized by Section 366.08, F.S., the utility shall provide staff members with adequate and comfortable working and filing space, consistent with prevailing conditions and climate and comparable with the accommodations provided to the utility’s outside auditors.

(6) The Commission prescribes the Uniform System of Accounts for Public Utilities and Licensees, as found in the Code of Federal Regulations, Title 18, Subchapter C, Part 101, for Major Utilities (2013), to be used by Rural Electric Cooperative and Municipal Electric Utilities operating within the State. All inquiries relating to interpretations of the USOA shall be submitted to the Commission’s Division of Accounting and Finance in writing.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.02(2), 366.04(2)(a), (f), 366.05(1), 366.08 FS. History–New 7-29-69, 2-4-76, 8-21-79, 1-2-80, 11-18-82, Formerly 25-6.14, Amended 10-1-86, 11-2-87, 7-20-89, 12-27-94, 4-22-96, 3-30-04, 2-2-15.

Fla. Admin. Code R. 25-6.0141 Allowance for Funds Used During Construction

(1) Definition of terms of this rule.

(a) Allowance for funds used during construction (AFDUC) is the carrying cost of funding an eligible utility project investment during its construction.

(b) A project means a temporary endeavor with a defined beginning and end series of tasks that need to be completed in order to reach a specific outcome (e.g., a specific utility investment placed into service or devoted to public use for the provision of electric service), designed to produce an in-service plant investment result.

(2) Construction work in progress (CWIP) or nuclear fuel in process (NFIP) not under a lease agreement that is not included in rate base may accrue AFUDC under the following conditions:

(a) Eligible projects. The following projects may be included in CWIP or NFIP and accrue AFUDC:

1. Projects that involve gross additions to plant in excess of 0.40 percent of the sum of the total balance in Account 101, Electric Plant in Service, and Account 106, Completed Construction not Classified, at the time the project commences and

a. Are expected to be completed in excess of one year after commencement of construction, or

b. Were originally expected to be completed in one year or less and are suspended for six months or more, or are not ready for service after one year.

2. A utility may bundle related projects that achieve a specific outcome if it demonstrates that the total cost of the bundled projects excluding AFUDC is less than the total cost of the unbundled projects.

(b) Ineligible projects. The following projects may be included in CWIP or NFIP, but may not accrue AFUDC:

1. Projects, or portions thereof, that do not exceed the level of CWIP or NFIP included in rate base in the utility’s last rate case.

2. Projects where gross additions to plant are less than 0.40 percent of the sum of the total balance in Account 101, Electric Plant in Service, and Account 106, Completed Construction not Classified, at the time the project commences.

3. Projects expected to be completed in less than one year after commencement of construction.

4. Property that has been classified as Property Held for Future Use.

(c) Unless otherwise authorized by the Commission, the following projects may not be included in CWIP or NFIP, nor accrue AFUDC:

1. Projects that are reimbursable by another party.

2. Projects that have been cancelled.

3. Purchases of assets which are ready for service when acquired.

4. Portions of projects providing service during the construction period.

(d) Other conditions. Accrual of AFUDC is subject to the following conditions:

1. Accrual of AFUDC is not to be reversed when a project originally expected to be completed in excess of one year is completed in one year or less;

2. AFUDC may not be accrued retroactively if a project expected to be completed in one year or less is subsequently suspended for six months, or is not ready for service after one year;

3. When a project is completed and ready for service, it must be immediately transferred to the appropriate plant account(s) or Account 106, Completed Construction Not Classified, and may no longer accrue AFUDC;

4. Where a work order covers the construction of more than one property unit, the AFUDC accrual must cease on the costs related to each unit when that unit reaches an in-service status;

5. When the construction activities for an ongoing project are expected to be suspended for a period exceeding six months, the utility must notify the Commission of the suspension and the reason(s) for the suspension, and must submit a proposed accounting treatment for the suspended project; and

6. When the construction activities for a suspended project are resumed, the previously accumulated costs of the project may not accrue AFUDC if such costs have been included in rate base for ratemaking purposes. However, the accrual of AFUDC may be resumed when the previously accumulated costs are no longer included in rate base for ratemaking purposes.

(e) Subaccounts. Account 107, Construction Work in Progress, and Account 120.1, Nuclear Fuel in Process of Refinement, Conversion, Enrichment and Fabrication, must be subdivided so as to segregate the cost of construction projects that are eligible for AFUDC from the cost of construction projects that are ineligible for AFUDC.

(f) Prior to the commencement of construction on a project, a utility may file a petition to seek approval to include an individual project in rate base that would otherwise qualify for AFUDC treatment per paragraph (2)(a).

(g) On a prospective basis, the Commission, upon its own motion, may determine that the potential impact on rates may require the exclusion of an amount of CWIP from a utility’s rate base that does not qualify for AFUDC treatment per paragraph (2)(a) and to allow the utility to accrue AFUDC on that excluded amount.

(3) The applicable AFUDC rate will be determined as follows:

(a) The most recent 13-month average embedded cost of capital, except as noted below, must be derived using all sources of capital and adjusted using adjustments consistent with those used by the Commission in the utility’s last rate case.

(b) The cost rates for the components in the capital structure will be the midpoint of the last allowed return on common equity, the most recent 13-month average cost of short term debt and customer deposits, and a zero cost rate for deferred taxes and all investment tax credits. The cost of long term debt and preferred stock will be based on end of period cost. The annual percentage rate must be calculated to two decimal places.

(4) Discounted monthly AFUDC rate. A discounted monthly AFUDC rate, calculated to six decimal places, must be employed to ensure that the annual AFUDC charged does not exceed authorized levels.

(a) The formula used to discount the annual AFUDC rate to reflect monthly compounding is as follows:

M = [((1 + A/100)1/12)-1] x 100Where:

M = discounted monthly AFUDC rate

A = annual AFUDC rate

(b) The monthly AFUDC rate, carried out to six decimal places, must be applied to the average monthly balance of eligible CWIP and NFIP that is not included in rate base.

(5) The following schedules must be filed with each petition for a change in AFUDC rate:

(a) Schedule A. A schedule showing the capital structure, cost rates and weighted average cost of capital that are the basis for the AFUDC rate in subsection (3).

(b) Schedule B. A schedule showing capital structure adjustments including the unadjusted capital structure, reconciling adjustments and adjusted capital structure that are the basis for the AFUDC rate in subsection (3).

(c) Schedule C. A schedule showing the calculation of the monthly AFUDC rate using the methodology set out in this rule.

(6) No utility may charge or change its AFUDC rate without prior Commission approval. The new AFUDC rate will be effective the month following the end of the 12-month period used to establish that rate and may not be retroactively applied to a previous fiscal year unless authorized by the Commission.

(7) Each utility charging AFUDC must include in its December Earnings Surveillance Reports to the Commission Schedules A and B identified in subsection (4) of this rule, as well as disclosure of the AFUDC rate it is currently charging.

(8) The Commission may, on its own motion, initiate a proceeding to revise a utility’s AFUDC rate.

(9) Each utility must include in its Forecasted Surveillance Report a schedule of individual projects that commence during that forecasted period and are estimated to have a gross cost in excess of 0.40 percent of the sum of the total balance in Account 101, Electric Plant in Service, and Account 106, Completed Construction not Classified. The schedule must include the following minimum information:

(a) Description of the project.

(b) Estimated total cost of the project.

(c) Estimated construction commencement date.

(d) Estimated in-service date.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.04(2)(a), (f) 366.06(1), (2), 366.08 FS. History–New 8-11-86, Formerly 25-6.141, Amended 11-13-86, 12-7-87, 1-7-97, 12-30-19, 1-26-21.

Fla. Admin. Code R. 25-6.0142 Uniform Retirement Units for Electric Utilities

(1) The rules and definitions set forth below are intended to establish uniform retirement units and establish capitalization versus expensing guidelines for electric utilities and do not relieve any utility from maintaining its accounts and records in conformity with the Uniform System of Accounts prescribed by the Code of Federal Regulations, Title 18, Chapter I, Subchapter C, Part 101 as adopted by Rule 25-6.014, F.A.C., except as provided in subsections (2) through (11) of this rule.

(2) For the purpose of this rule, the following definitions shall apply:

(a) Average Inventory cost – An estimate of original material cost for a group of items having similar characteristics.

(b) Book Cost – The amount at which an item of property is included in a plant account, including the cost of all labor, material, and associated installation.

(c) Cost of Removal – The cost of demolishing, dismantling, removing, tearing down, or otherwise disposing of electric plant, including the cost of transporting and handling.

(d) Cradle-To-Grave Accounting – An accounting method which treats a unit of plant as being in service from the time it is first purchased until it is finally junked or disposed of in another manner. Any time spent in shop for refurbishing or in stock/inventory awaiting reinstallation is treated as being in service.

(e) Item – A single identifiable unit of utility plant. Capitalization criteria shall apply to the single item and not to a block or group of such items purchased on one order.

(f) Minor Item – Any part or element of plant which is not designated as a retirement unit, but is a component part of the retirement unit.

(g) Retirement – The removal, sale, abandonment, destruction, or other removal from service of a retirement unit or unreplaced minor item, except where removal is of a “cradle-to-grave” item.

(3) All utility plants shall be considered as consisting of retirement units and minor items of property. Each utility will implement a list of retirement units in conformity with the Commission’s “List of Retirement Units (Electrical Plant) as of January 1, 2000” (hereinafter referred to as “List”), which is published by the Commission and is incorporated herein by reference. A copy of the List may be obtained from the Director of the Division of Economics, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. The List must be implemented by each utility as of the beginning of the next fiscal year following the date the List was last updated. A utility may further subdivide retirement units in order to achieve a list more reflective of common, major replacement items providing that the cost of the additional subdivided unit is $1,000 or more. The Director of the Division of Economics, Florida Public Service Commission, shall be notified annually of additions and subdivisions to the utility’s retirement unit List with explanations of the nature and justification.

(4) The addition and retirement of retirement units as set forth in the List shall be accounted for as follows:

(a) When a retirement unit meeting the capitalization criteria set forth in the List as well as that set forth in subsection (11) is installed, the total installed cost shall be added to the appropriate plant account. Installed cost includes the associated labor, material, and installation cost.

(b) When a retirement unit is retired, with or without a replacement, the book cost of the retiring unit shall be credited to the plant account in which it is included and likewise debited to the associated account reserve. The cost is to be determined from the company’s records. If it cannot be, it is to be estimated. Any cost of removal and gross salvage associated with the retirement shall likewise be debited and credited, respectively, to the account reserve. The retirement entry shall be recorded no later than two months following the transfer of expenditures from Construction Work In Progress (Account 107) to Electric Plant in Service (Account 101/106). Associated cost of removal charges will be recorded when incurred and gross salvage will be recorded when received.

(c) When a retirement unit is replaced, the cost of the replacement should be accounted for in the same manner as in paragraph (4)(a) if the cost meets the criterion set forth in subsection (11). Otherwise, the charge should be made to the appropriate expense account.

(d) When a retirement unit is retired and removed from service in conjunction with the installation of a replacing unit, the cost of removal of the retiring unit shall be separated from the installation cost of the new replacing unit. Cost of removal shall be debited to the appropriate reserve account as set forth in paragraph (4)(b).

(5) The addition and retirement of minor items of depreciable property shall be accounted for as follows:

(a) When a minor item which did not previously exist as a part of a retirement unit at a given location is added, the cost shall be accounted for in the same manner as for the addition of a retirement unit if the intent of such addition is to render the affected retirement unit more useful, of greater capacity or increased efficiency. Otherwise, the charge shall be made to the appropriate maintenance expense account.

(b) When a minor item is retired and not replaced, the book cost along with any associated cost of removal and gross salvage shall be accounted for in the same manner as for the retirement of a retirement unit. If, however, the book cost of the minor item retired and not replaced has been accounted for by its inclusion in the retirement unit of which it is a part, no separate credit to the property account or debit to the associated account is required.

(c) When a minor item is replaced independently of the retirement unit of which it is a part, the cost of replacement shall be charged to the maintenance account appropriate for the item, except that if the replacement effects a substantial betterment (the primary aim of which is to make the property affected more useful, more efficient, of greater durability, or of greater capacity), the excess cost of the replacement over the estimated cost at current prices of replacing without betterment shall be charged to the appropriate plant account.

(6)(a) When a retirement unit is retired and it has a prospect for reuse, the original or estimated original cost of the material subject for reuse shall be credited to the account reserve of the retiring unit as gross salvage with a debit in the same amount to Plant Materials and Operating Supplies (Account 154). When the retirement unit is reused, the original or estimated original material cost shall be credited to Account 154 with a debit to the appropriate plant account. The plant account shall also be debited with costs for new installation and labor.

(b) When it is impractical to determine the original cost for each unit subject to reuse due to the relatively large number or small cost of such units, an appropriate average inventory cost that allows for any difference in size or character shall be used. The cost of repairing such items shall be charged to the maintenance account appropriate for the previous use.

(c) Reusable materials consisting of relatively small minor items, the identity of which cannot be determined without an undue refinement in accounting shall be included in Plant and Materials Operating Supplies (Account 154) at average inventory cost for such new items. The cost of repairing such items shall be charged to the appropriate expense account as indicated by previous use.

(7) The addition and retirement of items such as meters and transformers may be accounted for as cradle-to-grave, in which case the cost for refurbishing these items shall be charged to the appropriate expense accounts.

(8) Overhead construction costs such as engineering, supervision, general office salaries and expenses, construction engineering, insurance, taxes, relief and pensions, injuries and damages shall be capitalized only if they are directly associated with the construction project and shall be charged to particular jobs or units on the basis of the amounts of such overheads to the end that each job or unit shall bear its equitable portions of these costs and that the entire cost of the unit both direct and overhead shall be deducted from the plant accounts at the time the property is retired.

(9) All maintenance costs, whether the work is done by the utility or under contract, shall be expensed. Unusual or extraordinary expenses can be amortized over a reasonable period of time as determined by the Commission. The costs of keeping equipment and plant in good condition shall be accounted for as maintenance expenses. Included in this classification are the costs of material and labor associated with the upkeep of plant such as:

(a) The training of maintenance personnel and the testing of equipment and facilities.

(b) The cost of ordinary repairs, refurbishment, repainting, and rearrangements of plant.

(c) Miscellaneous expenses like shop repairs, tool expenses, and motor vehicle expenses.

(d) The cost of performing work to prevent failure, restore serviceability, or maintain or realize the life expectancy of the plant.

(e) The cost of repairing material for reuse.

(f) The cost of restoring the condition of plant damaged by attrition, acts of nature, fire, or other casualties (other than the cost of replacing retirement units).

(g) The cost of inspecting after repairs have been made.

(h) Direct field supervision of maintenance.

(i) The cost of general supervision and engineering associated with maintenance work.

(10) Engineering unclassified time shall be expensed.

(11) A minimum capitalization criterion of $1,000 is imposed for each retirement unit as set forth in the List for the Office Furniture and Equipment, Stores Equipment, Tools, Shop and Garage Equipment, Laboratory Equipment, Power Operated Equipment, Communication Equipment, and Miscellaneous Equipment Accounts.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.041, 366.06(1) FS. History–New 9-6-87, Amended 3-19-92, 3-18-97, 11-8-99.

Fla. Admin. Code R. 25-6.0143 Use of Accumulated Provision Accounts 228.1, 228.2, and 228.4

(1) Account No. 228.1 Accumulated Provision for Property Insurance.

(a) This account may be established to provide for losses through accident, fire, flood, storms, nuclear accidents and similar type hazards to the utility’s own property or property leased from others, which is not covered by insurance. This account would also include provisions for the deductible amounts contained in property loss insurance policies held by the utility as well as retrospective premium assessments stemming from nuclear accidents under various insurance programs covering nuclear generating plants. A schedule of risks covered must be maintained, giving a description of the property involved, the character of risks covered and the accrual rates used.

(b) Except as provided in paragraphs (1)(f), (1)(g) and (1)(h) charges to this account must be made for all occurrences in accordance with the schedule of risks to be covered which are not covered by insurance. Recoveries, insurance proceeds or reimbursements for losses charged to this account must be credited to the account.

(c) A separate subaccount must be established for that portion of Account No. 228.1 which is designated to cover storm-related damages to the utility’s own property or property leased from others that is not covered by insurance. The records supporting the entries to this account must be so kept that the utility can furnish full information as to each storm event included in this account.

(d) In determining the costs to be charged to cover storm-related damages, the utility must use an Incremental Cost and Capitalization Approach methodology (ICCA). Under the ICCA methodology, the costs charged to cover storm-related damages must exclude those costs that normally would be charged to non-cost recovery clause operating expenses in the absence of a storm. Under the ICCA methodology for determining the allowable costs to be charged to cover storm-related damages, the utility will be allowed to charge to Account No. 228.1 costs that are incremental to costs normally charged to non-cost recovery clause operating expenses in the absence of a storm. All costs charged to Account 228.1 are subject to review for prudence and reasonableness by the Commission. In addition, capital expenditures for the removal, retirement and replacement of damaged facilities charged to cover storm-related damages must exclude the normal cost for the removal, retirement and replacement of those facilities in the absence of a storm. The utility must notify the Commission Clerk in writing for each incident expected to exceed 1.5 percent of jurisdictional revenues for the most recent calendar year.

(e) The types of storm related costs allowed to be charged to the reserve under the ICCA methodology include the following:

1. Additional contract labor hired for storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of contract labor costs charged to operation and maintenance expense for the same month in the three previous calendar years. The utility may adjust historical monthly contract labor costs charged to operation and maintenance expense from calculated monthly average. Each adjustment shall be accompanied by a detailed explanation of the nature and derivation of the adjustment;

2. Logistics costs of providing meals, lodging, and linens for tents and other staging areas;

3. Transportation of crews and other personnel for storm restoration;

4. Vehicle costs for vehicles specifically rented for storm restoration activities;

5. Waste management costs specifically related to storm restoration activities;

6. Rental equipment specifically related to storm restoration activities;

7. Materials and supplies used to repair and restore service and facilities to pre-storm condition, such as poles, transformers, meters, light fixtures, wire, and other electrical equipment, excluding those costs that normally would be charged to non-cost recovery clause operating expenses in the absence of a storm;

8. Payroll and payroll-related costs for utility personnel included in storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of payroll and payroll-related costs charged to operation and maintenance expense for the same month in the previous three calendar years. The utility may adjust historical monthly payroll and payroll-related costs charged to operation and maintenance expense from calculated monthly average. Each adjustment shall be accompanied by a detailed explanation of the nature and derivation of the adjustment;

9. Fuel cost for company and contractor vehicles used in storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of fuel costs charged to operation and maintenance expense for the same month in the previous three calendar years. The utility may adjust historical monthly fuel costs charged to operation and maintenance expense from calculated monthly average. Each adjustment shall be accompanied by a detailed explanation of the nature and derivation of the adjustment;

10. Cost of public service announcements regarding key storm-related issues, such as safety and service restoration estimates;

11. Vegetation management costs specifically related to storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of vegetation management costs charged to operation and maintenance expense for the same month in the previous three calendar years. The utility may adjust historical monthly vegetation management costs charged to operation and maintenance expense from calculated monthly average. Each adjustment shall be accompanied by a detailed explanation of the nature and derivation of the adjustment; and

12. Other costs or expenses not specifically identified in subparagraphs (1)(e)1. through (1)(e)11. that are directly and solely attributable to a storm restoration event.

(f) The types of storm related costs prohibited from being charged to the reserve under the ICCA methodology include the following:

1. Bonuses or any other special compensation for utility personnel not eligible for overtime pay;

2. Depreciation expenses, insurance costs and lease expenses for utility-owned or utility-leased vehicles and aircraft;

3. Utility employee assistance costs;

4. Utility employee training costs incurred prior to 72 hours before the storm event;

5. Utility advertising, media relations or public relations costs, except for public service announcements regarding key storm-related issues as listed above in subparagraph (1)(e)10.;

6. Utility call center and customer service costs, except for non-budgeted overtime or other non-budgeted incremental costs associated with the storm event;

7. Utility lost revenues from services not provided; and

8. Replenishment of the utility’s materials and supplies inventories.

(g) Under the ICCA methodology for determining the allowable costs to be charged to cover storm-related damages, certain costs may be charged to Account 228.1 only after review and approval by the Commission. Prior to the Commission’s determination of the appropriateness of including such costs in Account No. 228.1, the costs may be deferred in Account No. 186, Miscellaneous Deferred Debits. The deferred costs must be incurred prior to June 1 of the year following the storm event. By September 30 a utility must file a petition for the disposition of any costs deferred prior to June 1 of the year following the storm event giving rise to the deferred costs. These costs include the following:

1. Costs of normal non-storm related activities which must be performed by employees or contractors not assigned to storm damage restoration activities (“back-fill work”) or normal non-storm related activities which must be performed following the restoration of service after a storm by an employee or contractor assigned to storm damage restoration activities in addition to the employee’s or contractor’s regular activities (“catch-up work”); and

2. Uncollectible accounts expenses.

(h) A utility may, at its own option, charge storm-related costs as operating expenses rather than charging them to Account No. 228.1. The utility must notify the Commission Clerk in writing and provide a schedule of the amounts charged to operating expenses for each incident exceeding 0.5 percent of jurisdictional revenues for the most recent calendar year. The schedule must be filed annually by February 15 of each year for information pertaining to the previous calendar year.

(i) If the charges to Account No. 228.1 exceed the account balance, the excess must be carried as a debit balance in Account No. 182.3 and no request for a deferral of the excess or for the establishment of a regulatory asset is necessary.

(j) A utility may petition the Commission for the recovery of a debit balance in Account No. 182.3 discussed in paragraph (1)(i) plus an amount to replenish the storm reserve through a surcharge, securitization or other cost recovery mechanism.

(k) A utility must not establish or change an annual accrual amount or a target accumulated balance amount for Account No. 228.1 without prior Commission approval.

(l) Each utility must file a Storm Damage Self-Insurance Reserve Study (Study) with the Commission Clerk by January 15, 2011 and at least once every 5 years thereafter from the submission date of the previously filed study. A Study must be filed whenever the utility is seeking a change to either the target accumulated balance or the annual accrual amount for Account No. 228.1. At a minimum, the Study must include data for determining a target balance for, and the annual accrual amount to, Account No. 228.1.

(m) Each utility must file a report with the Commission Clerk providing information concerning its efforts to obtain commercial insurance for its transmission and distribution facilities and any other programs or proposals that were considered. The report must also include a summary of the amounts recorded in Account 228.1. The report must be filed annually by February 15 of each year for information pertaining to the previous calendar year.

(2) Account No. 228.2 Accumulated Provision for Injuries and Damages.

(a) This account may be established to meet the probable liability, not covered by insurance, for deaths or injuries to employees or others and for damages to property neither owned nor held under lease by the utility. When liability for any injury or damage is admitted or settled by the utility either voluntarily or because of the decision of a Court or other lawful authority, such as a workman’s compensation board, the admitted liability or the amount of the settlement must be charged to this account.

(b) Charges to this account must be made for all losses covered. Detailed supporting records of charges made to this account must be maintained in such a way that the year the event occurred which gave rise to the loss can be associated with the settlement. Recoveries or reimbursements for losses charged to the account must be credited to the account.

(3) Account No. 228.4 Accumulated Miscellaneous Operating Provisions.

(a) This account may be established for operating provisions which are not covered elsewhere. This account must be maintained in such a manner as to show the amount of each separate provision established by the utility and the nature and amounts of the debits and credits thereto. Each separate provision must be identified as to purpose and the specific events to be charged to the account to ensure that all such events and only those events are charged to the provision accounts.

(b) Charges to this account must be made for all costs or losses covered. Recoveries or reimbursements for amounts charged to this account must be credited hereto.

(4)(a) The provision level and annual accrual rate for each account listed in subsections (1) through (3) must be evaluated at the time of a rate proceeding and adjusted as necessary. However, a utility may petition the Commission for a change in the provision level and accrual outside a rate proceeding.

(b) If a utility elects to use any of the above listed accumulated provision accounts, each and every loss or cost which is covered by the account must be charged to that account and must not be charged directly to expenses except as provided for in paragraphs (1)(f), (1)(g) and (1)(h). Charges must be made to accumulated provision accounts regardless of the balance in those accounts.

(c) No utility must fund any account listed in subsections (1) through (3) unless the Commission approves such funding. Existing funded provisions which have not been approved by the Commission must be credited by the amount of the funded balance with a corresponding debit to the appropriate current asset account, resulting in an unfunded provision.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 350.115, 366.04(2)(a) FS. History–New 3-17-88, Amended 6-11-07, 6-28-21.

Fla. Admin. Code R. 25-6.0144 Fair Value of Energy Produced While Testing Electric Generating Units

(1) This rule defines the “fair value” of energy generated while testing an electric generating unit under construction and before the unit is declared commercial, in conformity with the Uniform System of Accounts as adopted by the Commission.

(2) The Uniform System of Accounts for electric utilities requires that:

(a) Earnings and expenses during construction constitute a component of construction costs;

(b) Earnings include revenues received or earned for power produced by generating plants during the construction period which is sold or used by the utility; and

(c) Where power generated by a plant under construction is delivered to the utility’s electric system for distribution and sale, or is delivered to an associated company, or is delivered to and used by the utility for purposes other than distribution or sale, the utility’s construction work order shall be credited with the “fair value” of the energy so delivered.

(3) The “fair value” of energy for this purpose shall be the lower of either:

(a) The actual cost of fuel and related fuel expenses during the testing period; or

(b) The actual cost of fuel and related fuel expenses during the testing period with appropriate adjustments to reflect normal operating efficiency. The adjusted cost of fuel shall be equal to the quantity of fuel that would have been consumed to produce the same net megawatt hours under normal operating conditions, multiplied by the utility’s current monthly chargeout price for fuel.

(4) The amount of the fair value credit to the construction work order shall be concurrently charged to the appropriate fuel and other operation and maintenance expense accounts.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2) FS. History–New 10-6-94.

Fla. Admin. Code R. 25-6.015 Location and Preservation of Records

(1) All records that a utility is required to keep by reason of these or other rules prescribed by the Commission shall be kept at the office or offices of the utility within this state, unless otherwise authorized by the Commission.

(2) Any utility that keeps its records outside of the state shall reimburse the Commission for the reasonable travel expenses incurred by each Commission representative during any review of the out-of-state records of the utility or its affiliates. Reasonable travel expenses are those travel expenses that are equivalent to travel expenses paid by the Commission in the ordinary course of its business.

(a) The utility shall remit reimbursement for out-of-state travel expenses within 30 days from the date the Commission mails the invoice.

(b) The reimbursement requirement in subsection (2) shall be waived for any utility that makes its out-of-state records available at the utility’s office located in Florida or at another mutually agreed upon location in Florida within 10 working days from the Commission’s initial request. If the utility demonstrates that 10 working days is not reasonable because of the complexity and nature of the issues involved or the volume and type of material requested, the Commission will establish a different time frame for the utility to bring records into the state. For individual data requests made during an audit, the response time frame in Rule 25-6.0151, F.A.C., shall control.

(3) All records shall be preserved in accordance with the Federal Energy Regulatory Commission’s regulations, Title 18, Subchapter C, Part 125, Code of Federal Regulations, entitled “Preservation of Records of Public Utilities and Licensees” (2013), which is hereby incorporated by reference into this rule, with the exception of the records listed in paragraph (3)(a) of this rule and may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04828. Instead, utilities shall retain records listed in paragraph (3)(a) of this rule for the periods indicated.

(a) The Code of Federal Regulations items listed below are exceptions to the Schedule of Records and Periods of Retention contained in Title 18, Subchapter C, Section 125.3, Code of Federal Regulations:

1. Item 2(a), minute books of stockholders’, directors’, and directors’ committee meetings, earlier of 20 years or termination of the corporation’s existence;

2. Item 6(a)(1), general ledgers, 20 years;

3. Item 6(a)(2), ledgers: subsidiary or auxiliary, 20 years;

4. Item 7, journals: general and subsidiary, 20 years;

5. Item 8(a), journal vouchers and journal entries, 20 years; and

6. Item 20(a), appraisals and valuations made by the company of its properties or investments or of the properties or investments of any associated companies (includes all records essential thereto), 10 years after appraisal.

(b) The utility shall not be required to retain original source documents once the documents have been added to a storage and retrieval system that consistently produces clear, readable copies of source documents and the content of the documents is identical to the originals including any handwritten notations on the documents.

(c) The utility shall maintain written procedures governing the conversion of source documents to a storage and retrieval system, which procedures ensure the authenticity of documents and the completeness of records. Records maintained in the storage and retrieval system must be searchable and readable.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), (9), (11), 366.08, 366.093(1) FS. History–New 7-29-69, Amended 7-19-72, 1-11-76, 9-28-81, 11-18-82, Formerly 25-6.15, Amended 10-1-86, 11-2-87, 6-23-93, 11-13-95, 6-6-04, 2-2-15.

Fla. Admin. Code R. 25-6.0151 Audit Access to Records

This rule addresses the reasonable access to utility and affiliate records provided by Section 366.093(1), F.S., for the purposes of management and financial audits.

(1) The audit scope, audit program and objectives, and audit requests are not constrained by relevancy standards narrower than those provided by Section 366.093(1), F.S.

(2) Reasonable access means that company responses to audit requests for access to records shall be fully provided within the time frame established by the auditor. In establishing a due date, the auditor shall consider the location of the records, the volume of information requested, the number of pending requests, the amount of independent analysis required, and reasonable time for the utility to review its response for possible claims of confidentiality or privilege.

(3) In those instances where the utility disagrees with the auditor’s assessment of a reasonable response time to the request, the utility shall first attempt to discuss the disagreement with the auditor and reach an acceptable revised date. If agreement cannot be reached, the utility shall discuss the issue with successive levels of supervisors at the Commission until an agreement is reached. If necessary, a final decision shall be made by the Prehearing Officer. If the audit is related to an undocketed case, the Chairman shall make the decision.

(4) The utility and its affiliates shall have the opportunity to safeguard their records by copying them or logging them out, provided, however, that safeguard measures shall not be used to prevent reasonable access by Commission auditors to utility or affiliate records.

(5) Reasonable access to records includes reasonable access to personnel to obtain testimonial evidence in response to inquiries or through interviews.

(6) Nothing in this rule shall preclude Commission auditors from making copies or taking notes. In the event these notes relate to documents for which the company has asserted confidential status, such notes shall also be given confidential status.

(7) Form PSC/APA 6 (2/95), entitled “Audit Document And Record Request/Notice of Intent” is incorporated by reference into this rule. This form is used by auditors when requests are formalized. This form documents audit requests, the due dates for responses, and all Notices of Intent to Seek Confidential Classification.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.093(1) FS. History–New 2-28-95.

Fla. Admin. Code R. 25-6.016 Maps and Records

(1) Each utility shall keep and, upon request, provide the Commission with an adequate description or maps defining the territory it serves.

(2) Each utility shall maintain primary maps, records, diagrams or drawings showing the location of its major units of operating property.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(c), (d), (e), (5), 366.05(1), (7) FS. History–New 7-29-69, Formerly 25-6.16.

Fla. Admin. Code R. 25-6.017 Operating Records

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.17, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.018 Records of Interruptions and Commission Notification of Threats to Bulk Power Supply Integrity or Major Interruptions of Service

(1) Each utility shall keep a record of all major and/or prolonged interruptions to services affecting an entire community or a substantial portion of a community. Such record shall show cause for interruption, date, time duration, remedy, and steps taken to prevent recurrence, where applicable.

(2) The Commission shall be notified as soon as practicable of:

(a) Any action to maintain bulk power supply integrity by:

1. Requests to the public to reduce the consumption of electricity for emergency firm customer load reduction purposes.

2. Reducing voltage which affects firm customer load.

3. Reducing firm customer loads by manual switching, operation of automatic load-shedding devices, or any other means except under direct load management programs as approved by the Commission.

(b) Any loss in service for 15 minutes or more of bulk electric power supply to aggregate firm customer loads exceeding 200 megawatts.

(c) Any bulk power supply malfunction or accident which constitutes an unusual threat to bulk power supply integrity. The utility shall file a complete report with the Commission of steps taken to resume normal operation or restore service and prevent recurrence, where applicable, within 30 days of return to normal operation unless impracticable, in which event the commission may authorize an extension of time.

(3) Each utility with interruptible or curtailable rate schedules shall provide a report to the Commission of customer interruptions and curtailments for each applicable rate schedule. The report shall include the reason for interruption or curtailment, the date, time, and duration of the interruption or curtailment, and amount of load shed. For utilities with optional billing provisions which provide for the utility to purchase power from another utility and supply it directly to the interrupted or curtailed customer, the report to the Commission shall include the source, date, time, and amount of purchase, in megawatt hours, and cost per megawatt hour for those months when purchases are made under the optional billing provision. Beginning on July 1, 2004, the report shall be filed quarterly and no later than 30 days after the end of the reported quarter. If there were no interruptions, curtailments, or optional billing events in the quarter, the report shall so state. Reports of customer interruptions or curtailments are not required when done under direct load management programs as approved by the Commission.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.04(2)(c), (f), (5), 366.055 FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.18, Amended 4-27-04.

Fla. Admin. Code R. 25-6.0183 Electric Utility Procedures for Generating Capacity Shortage Emergencies

The Commission adopts the FRCC Generating Capacity Shortage Plan, FRCC-MS-OPRC-015, Effective Date: November 1, 2023, Version: 18, which is adopted and incorporated by reference into this rule and may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-16900, or by contacting the Commission’s Division of Engineering, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, as the Commission’s plan to address generating capacity shortage emergencies within Florida.

History

• Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 366.04(2)(c), (f), (5) FS. History–New 2-12-91, Amended 3-19-98, 4-27-03, 5-1-08, 5-9-17, 8-26-24.

Fla. Admin. Code R. 25-6.0185 Electric Utility Procedures for Long-Term Energy Emergencies

(1) Each electric utility in Florida that owns or controls electric generation facilities must have on file with the Commission a long-term energy emergency plan to establish a systematic and effective means of anticipating, assessing, and responding to a long-term emergency caused by a fuel supply shortage. A long-term utility energy emergency exists when the fuel supplies of an individual utility are decreasing or are anticipated to decrease below a level adequate to provide continuous, uninterrupted service to its customers.

(2) Beginning on January 31, 1999, and every three calendar years thereafter, each utility subject to this rule must notify the Commission in writing that the utility has reviewed its fuel emergency plan.

(a) If a utility determines that its existing plan requires modification, a revised plan shall be submitted for Commission approval with the notification of review.

(b) If a utility determines no changes are necessary, the utility must file a letter stating that the required review has been conducted and that the existing plan continues to be adequate.

(3) At the time the utility submits its revised plan to the Commission, it shall also provide a copy of the plan to the Florida Reliability Coordinating Council (FRCC).

(4) The Commission shall review and either approve or reject each utility’s plan. The Commission’s review shall consider whether each utility’s plan adequately:

(a) Identifies specific actions to be taken by the utility upon the Governor’s declaration of a fuel supply emergency;

(b) Addresses interchange of energy and the physical sharing of fuel stocks or fuel deliveries or both;

(c) Sets priorities for customer interruptions; and

(d) Establishes objective criteria for notifying the Chairman of the FRCC Reliability Assessment Group (RAG) of the existence of a long-term energy emergency on the system of the utility.

(5) In reviewing individual utility plans of electric utilities serving areas west of the Apalachicola River, whose electric facilities and emergency contingency plans are coordinated with utilities outside of Florida, the Commission will take into account such utilities’ geographical location and interconnections with utilities outside of Florida.

(6) Plans not approved by the Commission shall be revised and resubmitted to the Commission pursuant to Commission order and within the time specified in the order.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(5), 366.05(7) FS. History–New 6-28-82, Formerly 25-6.185, Amended 3-24-99.

Fla. Admin. Code R. 25-6.019 Notification of Events

(1) Form PSC/ENG 159 (12/12), entitled “Electric Utility Event Report – Injury,” is incorporated in this rule by reference and may be obtained from the Commission’s Division of Administrative and Information Technology Services and is also available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02041. As soon as practicable, but no later than two business day after it learns of the occurrence, each investor-owned electric utility, rural electric cooperative, and municipal electric utility shall notify the Commission’s Bureau of Safety, in writing, using Form PSC/ENG 159 (12/12), of any event involving any part of the electrical system which:

(a) Involves death or injury requiring hospitalization of non-utility persons, or

(b) Is significant from a safety standpoint in the judgment of the utility even though it is not required by paragraph (a).

(2) Form PSC/ENG 158 (12/12) entitled “Electric Utility Event Report – Damages,” is incorporated into this rule by reference and may be obtained from the Commission’s Division of Administrative and Information Technology Services and is also available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02041. Each investor-owned electric utility, rural electric cooperative, and municipal electric utility shall report, in writing, to the Commission Clerk, using Form PSC/ENG 158 (12/12), within 30 days of learning of any event involving any part of the electrical system that:

(a) Involves damage to the property of others for an amount in excess of $10,000, or,

(b) Causes significant damage, in the judgment of the utility, to the utility’s facilities.

(3) Unless requested by the Bureau of Safety, reports are not required with respect to personal injury, death, or property damage resulting from vehicular equipment striking poles and/or other utility property or events directly caused by:

(a) A storm named by the National Hurricane Center;

(b) A tornado recorded by the National Weather Service;

(c) Ice on line;

(d) An extreme weather or fire event causing activation of the county emergency operation center.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(f), (6), 366.05(1) FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.19, Amended 12-16-12.

Fla. Admin. Code R. 25-6.020 Record of Applications for Service

Each utility shall accept and keep a record of each application for service within its service area. The record shall show the name and address of the applicant, date of application, date service is desired and, in those instances where service is not initiated promptly, the reason for the delay. Such records shall be preserved until service is made available or as otherwise provided under subsection 25-6.015(3), F.A.C.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 7-29-69, Formerly 25-6.20.

Fla. Admin. Code R. 25-6.021 Records of Complaints

Each utility shall keep a record of all written complaints received. The record shall show the name and address of the complainant, the date received, the nature of the complaint, the result of any investigation, the disposition of the complaint and the date of such disposition. See subsection 25-6.094(1), F.A.C., for the definition of “complaint” for the purpose of this rule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.21.

Fla. Admin. Code R. 25-6.022 Record of Metering Devices and Metering Device Tests

(1) For all types of utility-performed tests, a test record shall be made whenever a unit of metering equipment is tested, but need not be retained after the equipment is again tested unless the test is made in accordance with Rule 25-6.059 or 25-6.060, F.A.C. When equipment accuracy testing is required under Rule 25-6.059 or 25-6.060, F.A.C., any record of accuracy testing for disputed equipment that is on file at the time the customer request is made under Rule 25-6.059 or 25-6.060, F.A.C., must be retained until the dispute is resolved. The record shall show information to identify the unit and its location; equipment with which the unit is associated; the date of the test; reason for the test; readings before and after the test; if the meter creeps, a statement as to the rate of creeping; a statement of the “as found” accuracy; indications showing that all required checks have been made; a statement of repairs made, if any; and identification of the person making the test. The completion of each test will signify the “as left” accuracy falls within the required limits specified in Rule 25-6.052, F.A.C., unless the meter is to be retired.

(2) Each utility shall keep a record for each unit of metering equipment showing the date the unit was purchased, if available; the utility’s identification; associated equipment; essential name plate data; date of test; results of “as found” test; and location where installed with date of installation.

(3) Records of Test for Incoming Purchases. Regardless whether the newly purchased metering equipment is tested under a Random Sampling Plan approved pursuant to Rule 25-6.056, F.A.C., each utility shall maintain and make available to the Commission for each purchase of new meters and associated devices made during the calendar or fiscal year, the following information:

(a) Type of equipment, including manufacturer, model number, and any features which will subsequently be used to classify the units purchased into a population of units for in-service tests;

(b) The number of units purchased;

(c) The total number of units tested;

(d) The number of units tested measuring each percent registration recorded;

(e) Average percent registration;

(f) Standard deviation about the average percent registration (population or sample standard deviation);

(g) Results regarding whether the units tested meet the utility’s acceptance criteria; and

(h) If a utility does not perform its tests for incoming purchases, the data provided by equipment manufacturers concerning units tested on a 100 percent basis by the manufacturer, with the manufacturer’s test results used as a basis for acceptance testing, shall also be retained.

(4) Records of Periodic and Annual In-Service Meters Tests. Each utility shall maintain test records for each periodic and annual in-service test of electric meters and associated devices in such a manner that the information listed in paragraphs (4)(a) through (h) is readily available to the Commission on request. These data shall be maintained for units of metering equipment tested under approved Random Sampling Plans and for units tested under periodic testing programs, and shall be summarized on an annual basis.

(a) Type of equipment, including manufacturer, model number, and any features that are currently used to classify the units tested into a population of units for in-service tests;

(b) The number of units in the population;

(c) The total number of units tested;

(d) The number of units tested measuring each percent registration recorded;

(e) Average percent registration;

(f) Standard deviation about the average percent registration (population or sample standard deviation);

(g) Results showing whether the units tested under an approved random sampling program meet the utility’s acceptance criteria; and

(h) A statement of the action to be taken to make further tests or replace inaccurate units, when the units tested under an approved random sampling program do not meet the acceptance criteria.

(i) The information regarding units tested during the year but not tested under a Random Sampling Plan or a periodic testing program need not be maintained as listed in paragraphs (4)(a) through (h) or be summarized on an annual basis.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(f), 366.05(1) FS. History–New 7-29-69, Formerly 25-6.22, Amended 5-19-97, 7-3-06.

Fla. Admin. Code R. 25-6.023 Customer Account Records

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.23, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.024 Rate or Return Report

PART III GENERAL MANAGEMENT REQUIREMENTS

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.117(1), 366.04(2)(f), 366.05(1) FS. History–New 11-18-82, Formerly 25-6.24, Amended 4-23-92, Repealed 6-9-94.

Fla. Admin. Code R. 25-6.030 Storm Protection Plan

(1) Application and Scope. Each utility as defined in Section 366.96(2)(a), F.S., must file a petition with the Commission for approval of a Transmission and Distribution Storm Protection Plan (Storm Protection Plan) that covers the utility’s immediate 10-year planning period. Each utility must file, for Commission approval, an updated Storm Protection Plan at least every 3 years.

(2) For the purpose of this rule, the following definitions apply:

(a) “Storm protection program” – a category, type, or group of related storm protection projects that are undertaken to enhance the utility’s existing infrastructure for the purpose of reducing restoration costs and reducing outage times associated with extreme weather conditions therefore improving overall service reliability.

(b) “Storm protection project” – a specific activity within a storm protection program designed for the enhancement of an identified portion or area of existing electric transmission or distribution facilities for the purpose of reducing restoration costs and reducing outage times associated with extreme weather conditions therefore improving overall service reliability.

(c) “Transmission and distribution facilities” – all utility owned poles and fixtures, towers and fixtures, overhead conductors and devices, substations and related facilities, land and land rights, roads and trails, underground conduits, and underground conductors.

(3) Contents of the Storm Protection Plan. For each Storm Protection Plan, the following information must be provided:

(a) A description of how implementation of the proposed Storm Protection Plan will strengthen electric utility infrastructure to withstand extreme weather conditions by promoting the overhead hardening of electrical transmission and distribution facilities, the undergrounding of certain electrical distribution lines, and vegetation management.

(b) A description of how implementation of the proposed Storm Protection Plan will reduce restoration costs and outage times associated with extreme weather conditions therefore improving overall service reliability.

(c) A description of the utility’s service area, including areas prioritized for enhancement and any areas where the utility has determined that enhancement of the utility’s existing transmission and distribution facilities would not be feasible, reasonable, or practical. Such description must include a general map, number of customers served within each area, and the utility’s reasoning for prioritizing certain areas for enhanced performance and for designating other areas of the system as not feasible, reasonable, or practical.

(d) A description of each proposed storm protection program that includes:

1. A description of how each proposed storm protection program is designed to enhance the utility’s existing transmission and distribution facilities including an estimate of the resulting reduction in outage times and restoration costs due to extreme weather conditions;

2. If applicable, the actual or estimated start and completion dates of the program;

3. A cost estimate including capital and operating expenses;

4. A comparison of the costs identified in subparagraph (3)(d)3. and the benefits identified in subparagraph (3)(d)1.; and

5. A description of the criteria used to select and prioritize proposed storm protection programs.

(e) For the first three years in a utility’s Storm Protection Plan, the utility must provide the following information:

1. For the first year of the plan, a description of each proposed storm protection project that includes:

a. The actual or estimated construction start and completion dates;

b. A description of the affected existing facilities, including number and type(s) of customers served, historic service reliability performance during extreme weather conditions, and how this data was used to prioritize the proposed storm protection project;

c. A cost estimate including capital and operating expenses; and

d. A description of the criteria used to select and prioritize proposed storm protection projects.

2. For the second and third years of the plan, project related information in sufficient detail, such as estimated number and costs of projects under every specific program, to allow the development of preliminary estimates of rate impacts as required by paragraph (3)(h) of this rule.

(f) For each of the first three years in a utility’s Storm Protection Plan, the utility must provide a description of its proposed vegetation management activities including:

1. The projected frequency (trim cycle);

2. The projected miles of affected transmission and distribution overhead facilities;

3. The estimated annual labor and equipment costs for both utility and contractor personnel; and

4. A description of how the vegetation management activity will reduce outage times and restoration costs due to extreme weather conditions.

(g) An estimate of the annual jurisdictional revenue requirements for each year of the Storm Protection Plan.

(h) An estimate of rate impacts for each of the first three years of the Storm Protection Plan for the utility’s typical residential, commercial, and industrial customers.

(i) A description of any implementation alternatives that could mitigate the resulting rate impact for each of the first three years of the proposed Storm Protection Plan.

(j) Any other factors the utility requests the Commission to consider.

(4) By June 1, each utility must submit to the Commission Clerk an annual status report on the utility’s Storm Protection Plan programs and projects. The annual status report shall include:

(a) Identification of all Storm Protection Plan programs and projects completed in the prior calendar year or planned for completion;

(b) Actual costs and rate impacts associated with completed activities under the Storm Protection Plan as compared to the estimated costs and rate impacts for those activities; and

(c) Estimated costs and rate impacts associated with programs planned for completion during the next calendar year.

History

• Rulemaking Authority 366.96 FS. Law Implemented 366.96 FS. History–New 2-18-20.

Fla. Admin. Code R. 25-6.031 Storm Protection Plan Cost Recovery Clause

(1) Application and Scope. This rule applies to each utility as defined in Section 366.96(2)(a), F.S.

(2) After a utility has filed its Transmission and Distribution Storm Protection Plan (Storm Protection Plan), the utility may file a petition for recovery of associated costs through the Storm Protection Plan cost recovery clause. The utility’s petition shall be supported by testimony that provides details on the annual Storm Protection Plan implementation activities and associated costs, and how those activities and costs are consistent with its Storm Protection Plan. If the Commission approves the utility’s Storm Protection Plan with modifications, the utility shall, within 15 business days, file an amended cost recovery petition and supporting testimony reflecting the modifications.

(3) An annual hearing to address petitions for recovery of Storm Protection Plan costs will be limited to determining the reasonableness of projected Storm Protection Plan costs, the prudence of actual Storm Protection Plan costs incurred by the utility, and to establish Storm Protection Plan cost recovery factors consistent with the requirements of this rule.

(4) Storm Protection Plan cost recovery clause true-up amounts shall be afforded deferred accounting treatment at the 30-day commercial paper rate.

(5) Subaccounts. To ensure separation of costs subject to recovery through the clause, the utility filing for cost recovery shall maintain subaccounts for all items consistent with the Uniform System of Accounts prescribed by this Commission, pursuant to Rule 25-6.014, F.A.C.

(6) Recoverable costs.

(a) The utility’s petition for recovery of costs associated with its Storm Protection Plan may include costs incurred after the filing of the utility’s Storm Protection Plan.

(b) Storm Protection Plan costs recoverable through the clause shall not include costs recovered through the utility’s base rates or any other cost recovery mechanism.

(c) The utility may recover the annual depreciation expense on capitalized Storm Protection Plan expenditures using the utility’s most recent Commission-approved depreciation rates. The utility may recover a return on the undepreciated balance of the costs calculated at the utility’s weighted average cost of capital using the return on equity most recently approved by the Commission.

(7) Pursuant to the order establishing procedure in the annual cost recovery proceeding, a utility shall submit the following for Commission review and approval as part of its Storm Protection Plan cost recovery filings:

(a) Final True-Up for Previous Year. The final true-up of Storm Protection Plan cost recovery for a prior year shall include revenue requirements based on a comparison of actual costs for the prior year and previously filed costs and revenue requirements for such prior year for each program and project filed in the utility’s cost recovery petition. The final true-up shall also include identification of each of the utility’s Storm Protection Plan programs and projects for which costs were incurred during the prior year, including a description of the work actually performed during such prior year, for each program and project in the utility’s cost recovery petition.

(b) Estimated True-Up for Current Year. The actual/estimated true-up of Storm Protection Plan cost recovery shall include revenue requirements based on a comparison of current year actual/estimated costs and the previously-filed projected costs and revenue requirements for such current year for each program and project filed in the utility’s cost recovery petition. The actual/estimated true-up shall also include identification of each of the utility’s Storm Protection Plan programs and projects for which costs have been and will be incurred during the current year, including a description of the work projected to be performed during such current year, for each program and project in the utility’s cost recovery petition.

(c) Projected Costs for Subsequent Year. The projected Storm Protection Plan costs recovery shall include costs and revenue requirements for the subsequent year for each program filed in the utility’s cost recovery petition. The projection filing shall also include identification of each of the utility’s Storm Protection Plan programs for which costs will be incurred during the subsequent year, including a description of the work projected to be performed during such year, for each program in the utility’s cost recovery petition.

(d) True-Up of Variances. The utility shall report observed true-up variances including sales forecasting variances, changes in the utility’s prices of services and/or equipment, and changes in the scope of work relative to the estimates provided pursuant to paragraphs (7)(b) and (7)(c). The utility shall also provide explanations for variances regarding the implementation of the approved Storm Protection Plan.

(e) Proposed Storm Protection Plan Cost Recovery Factors. The utility shall provide the calculations of its proposed factors and effective 12-month billing period.

(8) Recovery of costs under this rule does not preclude a utility from proposing inclusion of unrecovered Storm Protection Plan implementation costs in base rates in a subsequent rate proceeding.

History

• Rulemaking Authority 366.96 FS. Law Implemented 366.96 FS. History–New 2-18-20.

Fla. Admin. Code R. 25-6.033 Tariffs

(1) A utility may adopt rules and regulations governing its relations with customers in addition to those required by Commission rules. But any such rule or regulation must be consistent with Commission rules and must be filed with the utility’s tariffs.

(2) All tariff filings must conform to Chapter 25-9, F.A.C., and must include the following provisions:

(a) Definitions of customer classes.

(b) Rules prospective customers must comply with as a condition of receiving service, and the terms of any required contracts.

(c) Rules for establishing credit by customers for payment of service bills.

(d) Rules governing deposits and interest on deposits.

(e) Rules governing the procedure for disconnecting and reconnecting service.

(f) Rules governing a customer’s request to discontinue service.

(g) Rules governing temporary, emergency, auxiliary or stand-by service.

(h) Rules covering billing periods.

(i) Rules covering a customer’s construction requirements.

(j) Rules covering a special type of construction commonly requested by customers that the utility allows to be connected. This applies, for example, to a case where a customer desires underground service in overhead territory.

(k) Rules covering any portion of service the utility furnished, owns, and maintains.

(l) Rules covering inspection of customer-owned facilities by proper authorities before service is rendered.

(3) No rules and regulations, schedules of rates or charges, or modification or revisions of the same, will be effective until approved by the Commission.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.05(1), 366.06 FS. History–New 7-29-69, Formerly 25-6.33, Amended 12-30-19.

Fla. Admin. Code R. 25-6.034 Standard of Construction

(1) The facilities of each utility shall be constructed, installed, maintained and operated in accordance with generally accepted engineering practices to assure, as far as is reasonably possible, continuity of service and uniformity in the quality of service furnished.

(2) For new construction, each utility shall, at a minimum, comply with the National Electrical Safety Code (NESC), incorporated by reference in Rule 25-6.0345, F.A.C.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(c), (f), (5), 366.05(1) FS. History–New 7-29-69, Amended 12-20-82, Formerly 25-6.34, Amended 2-1-07, 5-12-25.

Fla. Admin. Code R. 25-6.0341 Location of the Utility’s Electric Distribution Facilities

(1) In order to facilitate safe and efficient access for installation and maintenance, to the extent feasible and cost-effective, electric distribution facilities shall be placed adjacent to a public road, normally in front of the customer’s premises.

(2) For initial installation, expansion, rebuild, or relocation of overhead facilities, utilities shall use easements, public streets, roads and highways along which the utility has the legal right to occupy, and public lands and private property across which rights-of-way and easements have been provided by the applicant for service.

(3) For initial installation, expansion, rebuild, or relocation of underground facilities, the utility shall require the applicant for service to provide easements along the front edge of the property, unless the utility determines there is an operational, economic, or reliability benefit to use another location.

(4) For conversions of existing overhead facilities to underground facilities, the utility shall, if the applicant for service is a local government that provides all necessary permits and meets the utility’s legal, financial, and operational requirements, place facilities in road rights-of-way in lieu of requiring easements.

(5) Where the expansion, rebuild, or relocation of electric distribution facilities affects existing third-party attachments or the facilities of existing joint users, and will result in the relocation of such facilities to a new location adjacent to a public road, the utility shall notify and attempt in good faith to accommodate concerns raised by third-party attachers and joint users, including input and concerns related to the cost impacts of the proposed relocation on attaching entities. The electric utility shall also, to the extent practical, coordinate the construction of its facilities with the affected third-party attachers and joint users.

(6) Any dispute or challenge related to the implementation of this rule by a customer, applicant for service, or attaching entity shall be resolved by the Commission.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(c), (5), (6), 366.05(1) FS. History–New 2-1-07.

Fla. Admin. Code R. 25-6.0342 Electric Infrastructure Storm Hardening

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(c), (5), (6), 366.05(1) FS. History–New 2-1-07, Repealed 6-2-20.

Fla. Admin. Code R. 25-6.0343 Municipal Electric Utility and Rural Electric Cooperative Reporting Requirements

(1) Application and Scope. The purpose of this rule is to define certain reporting requirements by municipal electric utilities and rural electric cooperatives providing distribution service to end-use customers in Florida.

(2) The reports required by subsections (3) of this rule shall be filed with the Commission Clerk by March 1, 2021, and every three years thereafter for the three preceding calendar years. The reports required by subsections (4) and (5) of this rule shall be filed with the Commission Clerk by March 1 of each year for the preceding calendar year.

(3) Standards of Construction. Each municipal electric utility and rural electric cooperative shall report the extent to which its construction standards, policies, practices, and procedures are designed to address the ability of transmission and distribution facilities to mitigate damage caused by extreme weather. Each utility report shall, at a minimum, address the extent to which its construction standards, policies, guidelines, practices, and procedures:

(a) Comply, at a minimum, with the procedures set forth in Rule 25-6.0345, F.A.C.

(b) Are guided by the extreme wind loading standards specified by the procedures set forth in Rule 25-6.0345, F.A.C., for:

1. New construction;

2. Major planned work, including expansion, rebuild, or relocation of existing facilities, assigned on or after the effective date of this rule; and

3. Targeted critical infrastructure facilities and major thoroughfares taking into account political and geographical boundaries and other applicable operational considerations.

(c) Address the effects of flooding and storm surges on underground distribution facilities and supporting overhead facilities.

(d) Provide for placement of new and replacement distribution facilities so as to facilitate safe and efficient access for installation and maintenance.

(e) Include written safety, pole reliability, pole loading capacity, and engineering standards and procedures for attachments by others to the utility’s electric transmission and distribution poles.

(4) Facility Inspections. Each municipal electric utility and rural electric cooperative shall report, at a minimum, the following information pertaining to its transmission and distribution facilities:

(a) A description of the utility’s policies, guidelines, practices, and procedures for inspecting transmission and distribution lines, poles, and structures including, but not limited to, pole inspection cycles and pole selection process.

(b) The number and percentage of transmission and distribution inspections planned and completed.

(c) The number and percentage of transmission poles and structures and distribution poles failing inspection and the reason for the failure.

(d) The number and percentage of transmission poles and structures and distribution poles, by pole type and class of structure, replaced or for which remediation was taken after inspection, including a description of the remediation taken.

(5) Vegetation Management. Each municipal electric utility and rural electric cooperative shall report, at a minimum, the following information pertaining to the utility’s vegetation management efforts:

(a) A description of the utility’s policies, guidelines, practices, and procedures for vegetation management, including programs addressing appropriate planting, landscaping, and problem tree removal practices for vegetation management outside of road right-of-ways or easements, and an explanation as to why the utility believes its vegetation management practices are sufficient.

(b) The quantity, level, and scope of vegetation management planned and completed for transmission and distribution facilities.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(f), (6) FS. History–New 12-10-06, Amended 12-10-20.

Fla. Admin. Code R. 25-6.0345 Safety Standards for Construction of New Transmission and Distribution Facilities

The safety standards prescribed by the 2023 National Electrical Safety Code (NESC) C2-2023, are adopted and incorporated by reference into this rule as the applicable safety standards for transmission and distribution facilities subject to the Commission’s jurisdiction. Each investor-owned electric utility, rural electric cooperative, and municipal electric system shall, at a minimum, comply with the standards in these provisions. The 2023 National Electrical Safety Code (NESC) C2-2023 is copyrighted and may be inspected and examined at no cost at the Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 or at the Department of State, 400 S. Monroe Street, Room 701, the Capitol, Tallahassee, FL 32399. A copy of the NESC C2-2023 may also be obtained from the Institute of Electric and Electronic Engineers, Inc. (IEEE), 3 Park Avenue, New York, NY 10016-5997.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2), (6) FS. History–New 8-13-87, Amended 2-18-90, 11-10-93, 8-17-97, 7-16-02, 2-1-07, 12-16-12, 7-27-17, 5-12-25.

Fla. Admin. Code R. 25-6.0346 Quarterly Reports of Work Orders and Safety Compliance

(1) Each investor-owned electric utility, rural electric cooperative and municipal electric utility shall provide a work order list, relating to the construction and/or maintenance of transmission and distribution facilities that is completed by the utility or one of its contractors. The work order list shall contain the utility name, contact name, quarter and year, work order number, location of construction, county of construction, estimated costs, and brief description of the work (overhead and underground), and shall be sent via email to Electric-QTR-Reports@psc.state.fl.us no later than the 30th working day after the last day of the reporting quarter. Form PSC/ENG 157 (12/12), “PSC Quarterly Report of Completed Work Orders,” which is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-02040, is an example work order list that may be completed and filed to meet the reporting requirement for this rule. This form is incorporated into this rule by reference and may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(2) In its quarterly report, each utility shall certify to the Commission that all work described in the completed work orders listed in the quarterly report meets or exceeds the applicable standards. Compliance inspections by the Commission shall be made on a random basis or as appropriate.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(f), (6), 366.05(1) FS. History–New 12-16-12, Amended 3-2-17.

Fla. Admin. Code R. 25-6.035 Adequacy of Resources

(1) Each electric utility shall maintain sufficient generating capacity, supplemented by regularly available generating and non-generating resources, in order to meet all reasonable demands for service and provide a reasonable reserve for emergencies. Each electric utility shall also coordinate the sharing of energy reserves with other electric utilities in Peninsular Florida. To achieve an equitable sharing of energy reserves, Peninsular Florida utilities shall be required to maintain, at a minimum, a 15% planned reserve margin. The planned and operating reserve margin standards established herein are intended to maintain an equitable sharing of energy reserves, not to set a prudent level of reserves for long-term planning or reliability purposes. The planned reserve margin for each utility shall be calculated as follows:

RM = [(C - L)/L]*100 where;

“RM” – Is defined as the utility’s percent planned reserve margin;

“C” – Is defined as the aggregate sum of the rated dependable peak-hour capabilities of the resources that are expected to be available at the time of the utility’s annual peak; and

“L” – Is defined as the expected firm peak load of the system for which reserves are required.

The following shall be utilized as the operating reserve standard for Peninsular Florida’s utilities: operating reserves shall be maintained by the combined Peninsular Florida system at a value equal to or greater than the loss of generation that would result from the most severe single generating unit contingency. The operating reserves shall be allocated among the utilities in proportion to each control area’s peak hour net energy for load for the preceding year, and the summer gross Florida Reliability Coordinating Council (FRCC) capability of its largest unit or ownership share of a joint unit, whichever is greater. Fifty percent shall be allocated on the basis of peak hour net energy for load and fifty percent on the basis of the summer gross FRCC capability of the largest unit. Operating reserves shall be fully available within fifteen minutes. At least 25% of the operating reserves shall be in the form of spinning reserves which are automatically responsive to a frequency deviation from normal.

(2) Treatment of Purchased Power. Only firm purchase power agreements may be included as a resource for purposes of calculating a planned or operating reserve margin. A utility may petition for waiver of this requirement based on the very high availability of specific non-firm purchases.

(3) Treatment of Shared Generating Units. Only the utility which has first call on the generating unit may count the unit towards its planned or operating reserve margin. A utility has first call on a unit if the unit is available and the utility has the contractual right to dispatch the unit to meet its native load and other firm contractual commitments before any other party to the unit’s sharing arrangement. A utility may petition the Commission for approval of other methods demonstrating equivalent reliability on a case by case basis.

(4) Treatment of Non-Firm Load. If non-firm load (i.e., customers receiving service under load management, interruptible, curtailable, or similar tariffs) is relied upon by a utility when calculating its planned or operating reserves, the utility shall be required to make such reserves available to maintain the firm service requirements of other utilities.

(5) Buy-through Power for Interruptible Customers. Interruption of service to non-firm customers is not an emergency. As such, a utility shall not be required to provide buy-through power for another utility’s interruptible customers under obligatory emergency interchange schedules.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.04(2)(c), (5), 366.055 FS. History–New 7-29-69, Formerly 25-6.35, Amended 9-5-96, 5-29-01.

Fla. Admin. Code R. 25-6.036 Inspection of Plant

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(c), (5), 366.05(1), 366.055, 366.08 FS. History–New 7-29-69, Formerly 25-6.36, Repealed 12-30-19.

Fla. Admin. Code R. 25-6.037 Extent of Facilities and Equipment That a Utility Must Inspect, Operate, and Maintain

(1) Each utility must operate and maintain in safe, efficient, and proper condition, pursuant to Rules 25-6.034, 25-6.0341, 25-6.0345, and 25-6.040, F.A.C., all of the facilities and equipment used in connection with the production, transmission, distribution, regulation, and delivery of electricity to any customer up to the point of delivery. The utility is also responsible for the measurement of electrical consumption consistent with test procedures and accuracies prescribed by the Commission.

(2) Each utility must adopt a program governing the inspection of its electric facilities and equipment in order to determine the necessity for replacement and repair. Each utility must keep records to establish compliance with its inspection program.

History

• Rulemaking Authority 350.127(2), 366.04(6), 366.05(1) FS. Law Implemented 366.03, 366.04(1), (2)(c), (f), (5), (6), 366.05(1), (3) FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.37, Amended 12-30-19.

Fla. Admin. Code R. 25-6.038 Change in Character of Service

If any changes are made by the utility in its existing service characteristics which would impair the safe, efficient utilization of energy by the customer’s equipment, the utility shall bear the cost of all changes necessary to adapt the customer’s equipment to the new service conditions so that such equipment will perform to the same degree of effectiveness as theretofore unless such change is necessitated by a change in the customer’s requirements.

History

• Rulemaking Authority 350.127(2), 366.04(6), 366.05(1) FS. Law Implemented 366.03, 366.04(1), (6) FS. History–New 7-29-69, Formerly 25-6.38.

Fla. Admin. Code R. 25-6.039 Safety

Each utility shall establish safe work practices. These safe work practices will effect the safety of the employees, the utility, and the general public. These safe work practices shall be designed to cover general information relative to the safety for all employees and the fundamental safe requirements for the various classifications of work encountered in the operations of the utility. They shall also include instruction in accepted methods of artificial respiration for all employees subject to the hazards of electrical shock or drowning.

History

• Rulemaking Authority 350.127(2), 366.04(6), 366.05(1) FS. Law Implemented 366.03, 366.04(1), (6), 366.05(1) FS. History–New 7-29-69, Formerly 25-6.39.

Fla. Admin. Code R. 25-6.040 Grounding of Primary and Secondary Distribution System Circuits

(1) Unless otherwise specified by the Commission, each utility shall effectively ground the neutrals of all its multigrounded distribution circuits so as to render them reasonably safe to person and property. Conformance with the applicable provisions in the publications listed in subsection 25-6.034(2), F.A.C., shall be deemed by the Commission that the system is grounded so as to be reasonably safe to person and property.

(2) Each utility shall establish a program of inspection to insure that its artificial grounds are in good mechanical condition.

History

• Rulemaking Authority 350.127(2), 366.04(6), 366.05(1) FS. Law Implemented 366.03, 366.04(1), (6), 366.05(1) FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.40.

Fla. Admin. Code R. 25-6.041 Ground Resistance

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 4-13-80, Formerly 25-6.41, Repealed 10-31-88.

Fla. Admin. Code R. 25-6.042 Response to Commission Staff Inquiries

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(f), 366.05(1) FS. History–New 4-13-80, Formerly 25-6.42, Repealed 11-28-12.

Fla. Admin. Code R. 25-6.0423 Nuclear or Integrated Gasification Combined Cycle Power Plant Cost Recovery

(1) Purpose. The purpose of this rule is to establish alternative cost recovery mechanisms for the recovery of costs incurred in the siting, design, licensing, and construction of nuclear or integrated gasification combined cycle power plants in order to promote electric utility investment in nuclear or integrated gasification combined cycle power plants and allow for the recovery in rates of all such prudently incurred costs.

(2) Definitions. As used in this rule, the following definitions shall apply:

(a) “Nuclear power plant” is an electrical power plant which utilizes nuclear materials as fuel.

(b) “Integrated gasification combined cycle power plant” is an electrical power plant which uses synthesis gas produced by integrated gasification technology, as defined in Sections 403.503(14) and 366.93(1)(c), F.S.

(c) “Power plant” or “plant” means a nuclear power plant or an integrated gasification combined cycle power plant.

(d) “Cost” includes, but is not limited to, all capital investments including rate of return, any applicable taxes and all expenses, including operation and maintenance expenses, related to or resulting from the siting, licensing, design, construction, or operation of the nuclear power plant, including new, expanded, or relocated electrical transmission lines or facilities of any size which are necessary thereto, or of the integrated gasification combined cycle power plant as defined in Section 366.93(1)(a), F.S.

(e) “Site selection.” A site will be deemed to be selected upon the filing of a petition for a determination of need for a nuclear or integrated gasification combined cycle power plant pursuant to Section 403.519, F.S.

(f) “Site selection costs” are costs that are expended prior to the selection of a site.

(g) “Pre-construction costs” are costs that are expended after a site has been selected in preparation for the construction of a nuclear or integrated gasification combined cycle power plant, incurred up to and including the date the utility completes site clearing work.

(h) Site selection costs and pre-construction costs include, but are not limited to: any and all costs associated with preparing, reviewing and defending a Combined Operating License application for a nuclear power plant; costs associated with site and technology selection; costs of engineering, designing, and permitting the nuclear or integrated gasification combined cycle power plant; costs of clearing, grading, and excavation; and costs of on-site construction facilities (i.e., construction offices, warehouses, etc.).

(i) “Construction costs” are costs that are expended to construct the nuclear or integrated gasification combined cycle power plant including, but not limited to, the costs of constructing power plant buildings and all associated permanent structures, equipment and systems.

(j) “Carrying Costs” shall be calculated using the utility’s most recently approved pretax allowance for funds used during construction (AFUDC) rate at the time an increment of cost recovery is sought.

(3) After the Commission has issued a final order granting a determination of need for a power plant pursuant to Section 403.519, F.S., a utility may file a petition for Commission approvals pursuant to Section 366.93(3), F.S., in the annual nuclear or integrated gasification combined cycle cost recovery proceeding, or a separate proceeding limited in scope to address only the petition for approval.

(4) Deferred Accounting Treatment. Site selection and pre-construction costs shall be afforded deferred accounting treatment and shall, except for projected costs recovered on a projected basis in one annual cycle, accrue carrying costs until recovered in rates.

(5) Site Selection Costs. After the Commission has issued a final order granting a determination of need for a power plant pursuant to Section 403.519, F.S., a utility may file a petition for a separate proceeding, to recover prudently incurred site selection costs. This separate proceeding will be limited to only those issues necessary for the determination of prudence and alternative method for recovery of site selection costs of a power plant.

(6) Pre-Construction Costs and Carrying Costs on Construction Cost Balance. After the Commission has issued a final order granting a determination of need for a power plant pursuant to Section 403.519, F.S., a utility may petition the Commission for recovery of pre-construction costs and carrying costs of construction cost balance as follows:

(a) Pre-Construction Costs. A utility is entitled to recover, through the Capacity Cost Recovery Clause, its actual and projected pre-construction costs. The utility may also recover the related carrying costs for those costs not recovered on a projected basis. Such costs will be recovered within 1 year, unless the Commission approves a longer recovery period. Any party may, however, propose a longer period of recovery, not to exceed 2 years. Actual pre-construction costs incurred by a utility prior to the issuance of a final order granting a determination of need pursuant to Section 403.519, F.S., shall be included in the initial filing made by a utility under this subsection for review, approval, and a finding with respect to prudence.

(b) Carrying Costs on Construction Cost Balance. A utility is entitled to recover, through the utility’s Capacity Cost Recovery Clause, the carrying costs on the utility’s annual projected construction cost balance associated with the power plant. The actual carrying costs recovered through the Capacity Cost Recovery Clause shall reduce the AFUDC that would otherwise have been recorded as a cost of construction eligible for future recovery as plant in service.

(c) Cost Recovery for Nuclear or Integrated Gasification Combined Cycle Power Plant Costs.

1. Each year, pursuant to the order establishing procedure in the annual cost recovery proceeding, a utility shall submit for Commission review and approval, as part of its cost recovery filings:

a. True-Up for Previous Years. A utility shall submit its final true-up of pre-construction expenditures, based on actual preconstruction expenditures for the prior year and previously filed expenditures for such prior year and a description of the pre-construction work actually performed during such year; or, once construction begins, its final true-up of carrying costs on its construction expenditures, based on actual carrying costs on construction expenditures for the prior year and previously filed carrying costs on construction expenditures for such prior year and a description of the construction work actually performed during such year.

b. True-Up and Projections for Current Year. A utility shall submit for Commission review and approval its actual/estimated true-up of projected pre-construction expenditures based on a comparison of current year actual/estimated expenditures and the previously-filed estimated expenditures for such current year and a description of the pre-construction work projected to be performed during such year; or, once construction begins, its actual/estimated true-up of projected carrying costs on construction expenditures based on a comparison of current year actual/estimated carrying costs on construction expenditures and the previously filed estimated carrying costs on construction expenditures for such current year and a description of the construction work projected to be performed during such year.

c. Projected Costs for Subsequent Years. A utility shall submit, for Commission review and approval, its projected pre-construction expenditures for the subsequent year and a description of the pre-construction work projected to be performed during such year; or, once construction begins, its projected construction expenditures for the subsequent year and a description of the construction work projected to be performed during such year.

2. The Commission shall conduct an annual hearing to determine the reasonableness of projected pre-construction expenditures and prudence of actual pre-construction expenditures expended by the utility; or, once construction begins, to determine the reasonableness of projected construction expenditures and prudence of actual construction expenditures expended by the utility, and the associated carrying costs. The Commission shall conduct an on-going auditing and monitoring program of prior year actual construction costs and related contracts pursuant to Section 366.08, F.S. In making its determination of reasonableness and prudence the Commission shall apply the standard provided pursuant to Section 403.519(4)(e), F.S.

3. Upon a determination of prudence, prior year actual costs associated with power plant construction subject to the annual proceeding shall not be subject to disallowance or further prudence review.

4. The final true-up for the previous year, actual/estimated true-up for the current year, and subsequent year’s projected power plant costs as approved by the Commission pursuant to subparagraph (6)(c)2. will be included for cost recovery purposes as a component of the following year’s capacity cost recovery factor in the Fuel and Purchased Power Cost Recovery Clause. The utility must file all necessary revisions to the fuel and purchased power cost recovery filings no later than eight business days after the Commission’s vote.

5. Along with the filings required by this paragraph, each year a utility shall submit for Commission review and approval a detailed analysis of the long-term feasibility of completing the power plant. Such analysis shall include evidence that the utility intends to construct the nuclear or integrated gasification combined cycle power plant by showing that it has committed sufficient, meaningful, and available resources to enable the project to be completed and that its intent is realistic and practical.

(7) Failure to Enter Commercial Service. Following the Commission’s issuance of a final order granting a determination of need for the power plant, in the event the utility elects not to complete or is precluded from completing construction of the power plant, the utility shall be allowed to recover all prudent site selection costs, pre-construction costs, and construction costs.

(a) The utility shall recover such costs through the Capacity Cost Recovery Clause over a period equal to the period during which the costs were incurred or 5 years, whichever is greater.

(b) The amount recovered under this subsection will be the remaining unrecovered Construction Work in Progress balance at the time of abandonment and future payment of all outstanding costs and any other prudent and reasonable exit costs. The unrecovered balance during the recovery period will accrue interest at the utility’s overall pretax weighted average midpoint cost of capital on a Commission adjusted basis as reported by the utility in its Earnings Surveillance Report filed in December of the prior year, utilizing the midpoint of return on equity (ROE) range or ROE approved for other regulatory purposes, as applicable.

(8) Commercial Service. As operating units or systems associated with the power plant and the power plant itself are placed in commercial service:

(a) The utility shall file a petition for Commission approval of the base rate increase pursuant to Section 366.93(4), F.S., separate from any cost recovery clause petitions, that includes any and all costs reflected in such increase, whether or not those costs have been previously reviewed by the Commission; provided, however, that any actual costs previously reviewed and determined to be prudent in the Capacity Cost Recovery Clause shall not be subject to disallowance or further prudence review except for fraud, perjury, or intentional withholding of key information.

(b) The utility shall calculate the increase in base rates resulting from the jurisdictional annual base revenue requirements for the power plant in conjunction with the Capacity Cost Recovery Clause projection filing for the year the power plant is projected to achieve commercial operation. The increase in base rates will be based on the annualized base revenue requirements for the power plant for the first 12 months of operations consistent with the cost projections filed in conjunction with the Capacity Cost Recovery Clause projection filing.

(c) At such time as the power plant is included in base rates, recovery through the Capacity Cost Recovery Clause will cease, except for the difference between actual and projected construction costs as provided in subparagraph (6)(c)4., above.

(d) The rate of return on capital investments shall be calculated using the utility’s most recent actual Commission adjusted basis overall weighted average rate of return as reported by the utility in its most recent Earnings Surveillance Report prior to the filing of a petition as provided in paragraph (8)(a). The return on equity cost rate used shall be the midpoint of the last Commission approved range for return on equity or the last Commission approved return on equity cost rate established for use for all other regulatory purposes, as appropriate.

(e) The jurisdictional net book value of any existing generating plant that is retired as a result of operation of the power plant shall be recovered through an increase in base rate charges over a period not to exceed 5 years. At the end of the recovery period, base rates shall be reduced by an amount equal to the increase associated with the recovery of the retired generating plant.

(9) A utility shall, contemporaneously with the filings required by paragraph (6)(c) above, file a detailed statement of project costs sufficient to support a Commission determination of prudence, including, but not limited to, the information required in paragraphs (9)(b) – (9)(e), below.

(a) Subject to suitable confidentiality agreements or, to the extent necessary, protective orders issued by the Commission, a utility will ensure reasonably contemporaneous access, which may include access by electronic means, for review by parties of all documents relied on by utility management to approve expenditures for which cost recovery is sought. Access to any information that is “Safeguards Information” as defined in 42 U.S.C. 2167 and 10 C.F.R. 73.21, incorporated by reference into this rule, shall only be in accordance with applicable Nuclear Regulatory Commission requirements. 42 U.S.C. §2167 (2012) may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-03632. 10 C.F.R. §73.21 (2013) may be accessed at http://www.flrules.org/gateway/reference.asp?No=Ref-03577.

(b) Regarding technology selected, a utility shall provide a description of the technology selected that includes, but is not limited to, a review of the technology and the factors leading to its selection.

(c) The annual true-up and projection cost filings shall include a list of contracts executed in excess of $1 million to include the nature and scope of the work, the dollar value and term of the contract, the method of vendor selection, the identity and affiliation of the vendor, and current status of the contract.

(d) Final true-up filings and actual/estimated true-up filings will include monthly expenditures incurred during those periods for major tasks performed within Site Selection, Preconstruction and Construction categories. A utility shall provide annual variance explanations comparing the current and prior period to the most recent projections for those periods filed with the Commission.

(e) Projection filings will include monthly expenditures for major tasks performed within Site Selection, Preconstruction and Construction categories.

(f) Annual Reports Required by Rule 25-6.135, F.A.C. On an annual basis following issuance of the final order granting a determination of need and until commercial operation of the power plant, a utility shall include the budgeted and actual costs as compared to the estimated in-service costs of the power plant as provided in the petition for need determination in its annual report filed pursuant to Rule 25-6.135, F.A.C. The estimates provided in the petition for need determination are non-binding estimates. Some costs may be higher than estimated and other costs may be lower. A utility shall provide such revised estimated in-service costs as may be necessary in its annual report.

History

• Rulemaking Authority 350.127(2), 366.05(1), 366.93(2) FS. Law Implemented 366.93 FS. History–New 4-8-07, Amended 2-3-08, 1-29-14.

Fla. Admin. Code R. 25-6.0424 Petition for Mid-Course Correction

(1) To request a mid-course correction to the fuel cost recovery or capacity cost recovery factors, a utility shall file a petition for mid-course correction which shall contain the following information:

(a) The estimated percentage of year-end over-recovery or under-recovery calculated using the estimated End-of-Period Total Net True-up divided by the current period’s total actual and estimated Jurisdictional Fuel Revenue Applicable to Period. The estimated End-of-Period Total Net True-up consists of the difference between estimated and actual prior-period net true-ups, plus the estimated current-period monthly over/under-recoveries, plus the estimated current-period interest. The total actual and estimated Jurisdictional Fuel Revenue Applicable to Period consists of the best estimate of reprojected revenues for the period using the current cost recovery factor. The appropriate method to determine the over-recovery or under-recovery percentage for capacity costs is to make a similar percent calculation using up-to-date capacity cost recovery revenue and true-up amounts.

(b) The appropriate schedules from Form PSC/AFD 009-E (07/10) reflecting the estimated End-of-Period Total Net True-up based upon current cost recovery factors and revised fuel expenses. For a fuel mid-course correction, schedules E1 through E10 shall be filed. For a capacity mid-course correction, schedules E12-A through E12-E shall be filed. Form PSC/ECR 009-E (07/10), incorporated by reference in this rule and entitled “Mid-Course Correction Schedules,” may be obtained from the Commission’s Division of Accounting and Finance.

(2) In the event that the absolute value of the over-recovery or under-recovery either for fuel cost recovery or capacity cost recovery is 10 percent or greater, the utility shall promptly notify the Commission by letter delivered to the Commission Clerk. The notification of a 10 percent or greater estimated over-recovery or under-recovery shall include a petition for mid-course correction to the fuel cost recovery or capacity cost recovery factors, or shall include an explanation of why a mid-course correction is not practical. This section in no way precludes a utility from requesting a mid-course correction prior to reaching the 10 percent threshold requiring Commission notification.

(3) When filing a petition for mid-course correction to the fuel cost recovery or capacity cost recovery factors, a utility shall file 10 copies of the petition with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and an electronic copy with the Commission Clerk at Clerk@psc.state.fl.us. The Director of the Division of Accounting and Finance shall be the designee of the Commission for purposes of determining whether the utility has met the minimum filing requirements imposed by this rule.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.041, 366.05(1), 366.06(1), 366.076 FS. History–New 7-19-10.

Fla. Admin. Code R. 25-6.0425 Rate Adjustment Applications and Procedures

The Commission may in a full revenue requirements proceeding approve incremental adjustments in rates for periods subsequent to the initial period in which new rates will be in effect.

History

• Rulemaking Authority 350.127(2), 366.05(1), 366.076(2) FS. Law Implemented 366.05(1), 366.076 FS. History–New 1-8-87.

Fla. Admin. Code R. 25-6.0426 Recovery of Economic Development Expenses

(1) Pursuant to Section 288.035, F.S., the Commission shall allow a public utility to recover reasonable economic development expenses subject to the limitations contained in subsections (3) and (4), provided that such expenses are prudently incurred and are consistent with the criteria established in subsection (7).

(2) Definitions.

(a) “Economic Development” means those activities designed to improve the quality of life for all Floridians by building an economy characterized by higher personal income, better employment opportunities, and improved business access to domestic and international markets.

(b) “Economic development organization” means a state, local, or regional public or private entity within Florida that engages in economic development activities, such as city and county economic development organizations, chambers of commerce, Enterprise Florida, the Florida Economic Development Council, and World Trade Councils.

(c) “Trade show” means an exhibition at which companies, organizations, communities, or states advertise or display their products or services, in which economic development organizations attend or participate to identify potential industrial prospects, to provide information about the locational advantages of Florida and its communities, or to promote the goods and services of Florida companies.

(d) “Prospecting mission” means a series of meetings with potential industrial prospects at their business locations with the objectives of convincing the prospect that Florida is a good place to do business and offers unique opportunities for that particular business, and encouraging the prospect to commit to a visit to Florida if a locational search is pending or in progress.

(e) “Strategic plan” means a long-range guide for the economic development of a community or state that focuses on broad priority issues, is growth-oriented, is concerned with fundamental change, and is designed to develop and capitalize on new opportunities.

(f) “Recruitment” means active efforts to encourage specific companies to expand or begin operations within Florida.

(3) Prior to each utility’s next rate change enumerated in subsection (6), the amounts reported for surveillance reports and earnings review calculations shall be limited to the greater of:

(a) The amount and level of sharing approved in each utility’s last rate case escalated for customer growth since that time, or

(b) 95 percent of the total economic development expenses incurred for the reporting period so long as the total economic development expenses do not exceed the greater of 0.225 percent of jurisdictional gross annual revenues or $10 million. The level of sharing for such economic development expenses that exceed $10 million shall be 93 percent.

(4) At the time of each utility’s next rate case and for subsequent rate proceedings enumerated in subsection (6) the Commission will determine the level of sharing of prudent economic development costs and the future treatment of these expenses for surveillance purposes.

(5) Each utility shall report its total economic development expenses as a separate line item on its income statement schedules filed with the earnings surveillance report required by Rule 25-6.1352, F.A.C. Each utility shall make a line item adjustment on its income statement schedule to remove the appropriate percentage of economic development expenses incurred for the reported period consistent with subsections (3) and (4).

(6) Requests for changes relating to recovery of economic development expenses shall be considered only in the context of a full revenue requirements rate case or in a limited scope proceeding for the individual utility.

(7) All financial support for economic development activities given by public utilities to state and local governments and organizations shall be pursuant to a prior written agreement. Recoverable economic development expenses shall be limited to the following:

(a) Expenditures for operational assistance, including:

1. Planning, attending, and participating in trade shows;

2. Planning, conducting, and participating in prospecting missions designed to encourage the location in Florida of domestic and foreign companies;

3. Providing financial support to economic development organizations to assist with their economic development operations;

4. Providing financial support to economic development programs or initiatives identified or developed by Enterprise Florida, Inc.;

5. Participating in joint economic development efforts, including public-private partnerships, consortia, and multi-county regional initiatives;

6. Participating in downtown revitalization and rural community developmental programs.

7. Supporting state and local efforts to promote small and minority-owned business development efforts; and

8. Supporting state and local efforts to promote business retention and expansion activities.

(b) Expenditures for assisting state and local governments in the design of strategic plans for economic development activities, including:

1. Making financial contributions to state and local governments to assist strategic planning efforts; and

2. Providing technical assistance, data, computer programming, and financial support to state and local governments in the design and maintenance of information systems used in strategic planning activities.

(c) Expenditures of marketing and research services, including;

1. Assisting state and local governments and economic development organizations in marketing specific sites for business and industry development or recruitment;

2. Assisting state and local governments and economic development organizations in responding to inquiries from business and industry concerning the development of specific sites within the utility’s service area;

3. Providing technical assistance, data, computer programming, and financial support to state and local governments in the design and maintenance of geographic information systems, computer networks, and other systems used in marketing and research activities;

4. Providing financial support to economic development organizations to assist with their research and marketing activities;

5. Sponsoring publications, conducting direct mail campaigns, and providing advertising support for state and local economic development efforts;

6. Participating in cooperative marketing efforts with economic development organizations;

7. Helping state and local businesses identify suppliers, markets, and sources of financial assistance;

8. Helping economic development organizations identify specific industries and companies for targeting and recruitment;

9. Working with economic development organizations to identify businesses in need of help for expansion, going out of business, or at risk of leaving the area;

10. Providing site and facility selection assistance, including lists of commercial or industrial sites, computer databases, toll-free telephone numbers, maps, photographs, videos, and other activities in cooperation with economic development organizations; and

11. Supporting state and local efforts to promote exports of goods and services, and other international business activities.

History

• Rulemaking Authority 288.035(3), 350.127(2) FS. Law Implemented 288.035 FS. History–New 7-17-95, Amended 6-2-98, 9-25-00, 8-19-19.

Fla. Admin. Code R. 25-6.043 Investor-Owned Electric Utility Petition for Rate Increase; Commission Designee

(1) General Filing Instructions.

(a) The petition under Sections 366.06 and 366.071, F.S., for adjustment of rates must include or be accompanied by:

1. The information required by Commission Form PSC 1026 (12/20), entitled “Minimum Filing Requirements for Investor-Owned Electric Utilities,” which is incorporated into this rule by reference, and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12642. This form is also available on the Commission’s website, www.floridapsc.com.

2. The exact name of the applicant and the address of the applicant’s principal place of business.

3. Prepared direct testimony and exhibits for each witness testifying on behalf of the utility. Each witness’s prefiled testimony and exhibits shall be on numbered pages and all exhibits shall be attached to the witness’s testimony.

(b) In compiling the required schedules, a utility must follow the policies, procedures and guidelines prescribed by the Commission in relevant rules and in the utility’s last rate case or in a more recent rate case involving a comparable utility.

(c) Each schedule must be cross-referenced to identify related schedules as either supporting schedules or recap schedules. If a schedule requires certain information, a utility may on that schedule reference a different schedule that provides that same information.

(d) The dimensions of each page, regardless of format, must be 8 ½ by 11 inches, and each page must be numbered.

(e) Except for handwritten official company records, all data in the petition, testimony, exhibits and minimum filing requirements must be typed.

(f) Each schedule must indicate the name of the witness responsible for its presentation.

(g) All schedules involving investment data must be completed on an average investment basis. Unless a specific schedule requests otherwise, average is defined as the average of 13 monthly balances.

(h) The petition and information required by subsection (1) of this rule must be e-filed by the utility with the Office of Commission Clerk. Ten paper copies of the filing, clearly labeled “COPY,” and Commission Form PSC 1026 (12/20) in Microsoft Excel format with formulas intact and unlocked, must be provided to the Office of Commission Clerk within seven calendar days of the electronic filing. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by e-mail.

(i) Any proposed corrections, updates or other changes to the original filing must be e-filed by the utility with the Office of Commission Clerk. Ten paper copies of the proposed corrections, updates or other changes, clearly labeled “COPY,” and any schedules in Commission Form PSC 1026 (12/20) that have been changed must be provided to the Office of Commission Clerk within seven calendar days of the electronic filing. Any schedules in Commission Form PSC 1026 (12/20) that have been changed must be provided in Microsoft Excel format with formulas intact and unlocked. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by e-mail. On the same day as the e-filing, the utility must serve an electronic copy of the filing on each party.

(2) The Director of the division that has been assigned primary responsibility for the filing is the Commission designee for purposes of determining whether the utility has met the minimum filing requirements imposed by this rule.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(f), 366.06(1), (2), (3), (4), 366.071 FS. History–New 5-27-81, Formerly 25-6.43, Amended 7-5-90, 1-31-00, 2-12-04, 1-27-21.

Fla. Admin. Code R. 25-6.0431 Petition for a Limited Proceeding

A petition for a limited proceeding shall include:

(1) A list of all issues the petitioner believes should be decided;

(2) A detailed statement of the reason(s) why the limited proceeding has been requested and why a limited proceeding is the appropriate type of proceeding for consideration of the requested relief;

(3) A schedule showing the specific rate base components for which the utility seeks recovery, on both a system and jurisdictional basis, if the utility is requesting recovery of rate base components;

(4) A detailed description of the expense(s) requested on both a system and jurisdictional basis, if the utility is requesting recovery of operating expenses;

(5) A schedule showing how the utility proposes to allocate any change in revenues to rate classes, and the proposed rates, if the petition requests a change in retail rates; and

(6) Any other information that the utility deems relevant.

History

• Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 366.05(1), 366.06(1), 366.076(1) FS. History‒New 10-8-13.

Fla. Admin. Code R. 25-6.0435 Interim Rate Relief

(1) Each electric utility petitioning for interim rate relief pursuant to Section 366.071, F.S., shall file the data required by paragraph 25-6.043(1)(a), F.A.C.

(2) The requested interim increase in base rate revenues shall be divided by interim test year base rate revenues to derive a percentage increase factor. The percentage increase factor shall be applied uniformly to all existing base rates and charges to derive the interim base rates and charges.

(3) Interim rate relief collected is subject to refund pending final order in the permanent rate relief request. Such increase shall be subject to a corporate undertaking or under bond as authorized by the Commission and any refund shall be made with an interest factor determined by using the 30-day commercial paper rate for high-grade, unsecured notes, sold through dealers by major corporations in multiples of $1,000, as regularly published in the Wall Street Journal. The annual rate as published on the first day of the current business month would be added to the rate as published on the first day of the subsequent business month and halved to obtain the simple average rate to be applied in that month. This rate of interest would be applied to the refund amount for that month. The amount of interest calculated would be added to the beginning balance of the following month so as to accomplish the compounding of the interest feature of the refund provision.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(f), 366.06, 366.071 FS. History–New 5-27-81, Formerly 25-6.435, Amended 2-12-04.

Fla. Admin. Code R. 25-6.0436 Depreciation

(1) For the purposes of this rule, the following definitions shall apply:

(a) Category or Category of Depreciable Plant – A grouping of plant for which a depreciation rate is prescribed. At a minimum it shall include each plant account prescribed in subsection 25-6.014(1), F.A.C.

(b) Embedded Vintage – A vintage of plant in service as of the date of study or implementation of proposed rates.

(c) Mortality Data – Historical data by study category showing plant balances, additions, adjustments and retirements, used in analyses for life indications or calculations of realized life. This is aged data in accord with the following:

1. The number of plant items or equivalent units (usually expressed in dollars) added each calendar year.

2. The number of plant items retired (usually expressed in dollars) each year and the distribution by years of placing of such retirements.

3. The net increase or decrease resulting from purchases, sales or adjustments and the distribution by years of placing of such amounts.

4. The number that remains in service (usually expressed in dollars) at the end of each year and the distribution by years of placing of such amounts.

(d) Net Book Value – The book cost of an asset or group of assets minus the accumulated depreciation or amortization reserve associated with those assets.

(e) Remaining Life Technique – The method of calculating a depreciation rate based on the unrecovered plant balance, the average future net salvage, and the average remaining life. The formula is:

100% - Reserve % - Average Future Net Salvage %

Remaining Life Rate = __________________________________________

Average Remaining Life in Years

(f) Reserve (Accumulated Depreciation) – The amount of depreciation/amortization expense, salvage, cost of removal, adjustments, transfers, and reclassifications accumulated to date.

(g) Reserve Data – Historical data by study category showing reserve balances, debits and credits such as booked depreciation, expense, salvage and cost of removal and adjustments to the reserve utilized in monitoring reserve activity and position.

(h) Reserve Deficiency – An inadequacy in the reserve of a category as evidenced by a comparison of that reserve indicated as necessary under current projections of life and salvage with that reserve historically accrued. The latter figure may be available from the utility’s records or may require retrospective calculation.

(i) Reserve Surplus – An excess in the reserve of a category as evidenced by a comparison of that reserve indicated as necessary under current projections of life and salvage with that reserve historically accrued. The latter figure may be available from the utility’s records or may require retrospective calculation.

(j) Salvage Data – Historical data by study category showing bookings of retirements, gross salvage and cost of removal used in analysis of trends in gross salvage and cost of removal or for calculations of realized salvage.

(k) Theoretical Reserve or Prospective Theoretical Reserve – A calculated reserve based on components of the proposed rate using the formula:

Theoretical Reserve = Book Investment ‒ Future Accruals ‒ Future Net Salvage

(l) Vintage – The year of placement of a group of plant items or investment under study.

(m) Whole Life Technique – The method of calculating a depreciation rate based on the whole life (average service life) and the average net salvage. Both life and salvage components are the estimated or calculated composite of realized experience and expected activity. The formula is:

100% - Average Net Salvage %

Whole Life Rate = ___________________________

Average Service Life in Years

(2)(a) No utility shall change any existing depreciation rate or initiate any new depreciation rate without prior Commission approval.

(b) No utility shall reallocate accumulated depreciation reserves among any primary accounts and sub-accounts without prior Commission approval.

(c) When plant investment is booked as a transfer from a regulated utility depreciable account to another or from a regulated company to an affiliate, its associated reserve amount shall also be booked as a transfer. When plant investment is sold from one regulated utility to an affiliate, the associated reserve amount shall also be determined to calculate the net book value of the utility investment being sold. Methods for determining the reserve amount associated with plant transferred or sold are as follows:

1. Where vintage reserves are not maintained, synthesization using the currently prescribed curve shape shall be required. The same reserve percent associated with the original placement vintage of the related investment shall then be used in determining the amount of reserve to transfer.

2. Where the original placement vintage of the investment being transferred is unknown, the reserve percent applicable to the account in which the investment being transferred resides may be assumed for determining the reserve amount to transfer.

3. Where the age of the investment being transferred is known and a history of the prescribed depreciation rates is known, a reserve can be determined by multiplying the age times the investment times the applicable depreciation rate(s).

4. The Commission shall consider any additional methods submitted by the utilities for determining the reserve amounts to transfer.

(3)(a) Each utility shall maintain depreciation rates and accumulated depreciation reserves in accounts or subaccounts in accordance with the Uniform System of Accounts for Public Utilities and Licensees as found in the Code of Federal Regulations, Title 18, Subchapter C, Part 101, for Major Utilities as revised April 1, 2013, which is incorporated by reference in Rule 25-6.014, F.A.C. Utilities may maintain further sub-categorization.

(b) Upon establishing a new account or subaccount classification, each utility shall request Commission approval of a depreciation rate for the new plant category.

(4)(a) Each company shall file a depreciation study for each category of depreciable property for Commission review at least once every four years from the submission date of the previous study or pursuant to Commission order and within the time specified in the order. A utility filing a depreciation study, regardless if a change in rates is being requested or not, shall submit to the Office of Commission Clerk the information required by paragraphs (5)(a) through (h) of this rule in electronic format with formulas intact and unlocked.

(b) A utility proposing an effective date of the beginning of its fiscal year shall submit its depreciation study no later than the mid-point of that fiscal year.

(c) A utility proposing an effective date coinciding with the expected date of a revenue change initiated through a rate case proceeding shall submit its depreciation study no later than the filing date of its Minimum Filing Requirements.

(d) The plant balances may include estimates. Submitted data including plant and reserve balances or company planning involving estimates shall be brought to the effective date of the proposed rates.

(e) The possibility of corrective reserve transfers shall be investigated by the Commission prior to changing depreciation rates.

(f) Upon Commission approval by final order establishing an effective date, the utility shall reflect on its books and records the implementation of the depreciation rates approved by the Commission.

(5) A depreciation study shall include:

(a) A comparison of current and proposed depreciation components for each category of depreciable plant. Components include average service life, age, curve shape, net salvage, and average remaining life.

(b) A comparison of current and proposed annual depreciation rates and expenses. The comparison of current and proposed rates shall identify the proposed effective date for the proposed rates. The comparison of current and proposed annual expenses shall be calculated using current and proposed rates for each category of depreciable plant. Plant balances, reserve balances and percentages, remaining lives, and net salvage percentages shall be included in this comparison for each category of plant.

(c) Each recovery and amortization schedule currently in effect shall be included with any new filing showing total amount amortized, effective date, length of schedule, annual amount amortized and reason for the schedule.

(d) A comparison of the accumulated book reserve to the prospective theoretical reserve based on proposed rates and components for each category of depreciable plant to which depreciation rates are to be applied.

(e) A general narrative describing the service environment of the applicant company and the factors, e.g., growth, technology, physical conditions, necessitating a revision in rates.

(f) An explanation and justification for each study category of depreciable plant defining the specific factors that justify the life and salvage components and rates being proposed. Each explanation and justification shall include substantiating factors utilized by the utility in the design of depreciation rates for the specific category, e.g., company planning, growth, technology, physical conditions, trends. The explanation and justification shall discuss any proposed transfers of reserve between categories or accounts intended to correct deficient or surplus reserve balances. It shall also state any statistical or mathematical methods of analysis or calculation used in design of the category rate.

(g) All calculations, analysis and numerical basic data used in the design of the depreciation rate for each category of depreciable plant. Numerical data shall include plant activity (gross additions, adjustments, retirements, and plant balance at end of year) as well as reserve activity (retirements, accruals for depreciation expense, salvage, cost of removal, adjustments, transfers and reclassifications and reserve balance at end of year) for each year of activity from the date of the last submitted study to the date of the present study. When available, retirement data shall be aged.

(h) The mortality and salvage data used by the company in the depreciation rate design must agree with activity booked by the utility. Unusual transactions not included in life or salvage studies, e.g., sales or extraordinary retirements, must be specifically enumerated and explained.

(i) Calculations of depreciation rates using both the whole life technique and the remaining life technique. The use of these techniques is required for all depreciable categories. Utilities may submit additional studies or methods for consideration by the Commission.

(6) As part of the filing of the annual report pursuant to Rule 25-6.135, F.A.C., each utility shall include an annual depreciation status report. The annual depreciation status report shall be provided in electronic format. In the electronic format, the formulas must be intact and unlocked. The annual depreciation status report shall include booked plant activity (plant balance at the beginning of the year, additions, adjustments, transfers, reclassifications, retirements and plant balance at year end) and reserve activity (reserve balance at the beginning of the year, retirements, accruals, salvage, cost of removal, adjustments, transfers, reclassifications and reserve balance at end of year) for each category of investment for which a depreciation rate, amortization, or capital recovery schedule has been approved. The report shall indicate for each category whether there has been a change of plans or utility experience since the filing of the last annual depreciation status report requiring a revision of rates, amortization or capital recovery schedules. For any category where current conditions indicate a need for revision of depreciation rates, amortization, or capital recovery schedules and no revision is sought, the report shall explain why no revision is requested.

(7)(a) Prior to the date of retirement of major installations, the Commission shall approve capital recovery schedules to correct associated calculated deficiencies where a utility demonstrates that (1) replacement of an installation or group of installations is prudent and (2) the associated investment will not be recovered by the time of retirement through the normal depreciation process.

(b) The Commission shall approve a special capital recovery schedule when an installation is designed for a specific purpose or for a limited duration.

(c) Associated plant and reserve activity, balances and the annual capital recovery schedule expense must be maintained as subsidiary records.

History

• Rulemaking Authority 350.115, 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.04(2)(f), 366.06(1) FS. History–New 11-11-82, Amended 1-6-85, Formerly 25-6.436, Amended 4-27-88, 12-12-91, 12-11-00, 5-29-08, 4-28-16.

Fla. Admin. Code R. 25-6.04361 Subcategorization of Electric Plant for Depreciation Studies and Rate Design

(1) Depreciation rate design accounts shall be in accordance with the Federal Energy Regulatory Commission’s Uniform System of Accounts for Public Utilities and Licensees (USOA), Code of Federal Regulations, Title 18, Subchapter C, Part 101, as adopted by Rule 25-6.014, F.A.C. New depreciation subaccounts, as listed in subsection (5) below, shall be established under these accounts. This subcategorization shall group together items which are relatively homogeneous in expected life and salvage characteristics.

(2) New depreciation subaccounts must be established to subcategorize a plant which meets the following criteria:

(a) Introduction of a new technology: for example, flue gas desulphurization, heat pipes, or fluidized bed combustors.

(b) The present inclusion of an obsolescent/dying technology: for example, pneumatic monitoring systems.

(c) A major installation that is facing near-term retirement: for example, a generating unit, line, or station.

(3) Additionally, a company may develop depreciation subaccounts within a listed account as appropriate for its own situation. However, a company shall not establish a new subaccount (except subaccounts required by subsection (2)) that would represent less than 10% of the original primary account.

(4) Depreciation reserve, plant activity data, gross salvage, and costs of removal, shall be maintained for each depreciation category for which a depreciation rate is to be developed.

(5) The following accounts and subaccounts shall be used in the design of depreciation rates:

(a) Steam Production Plant. The following accounts shall be maintained, at a minimum, on a plant site basis. It is preferable, however, that the accounts be maintained for each individual unit within each plant site. Stratification within each account for use in determining the depreciation rate of the account shall be established in accord with their potential life patterns and planning of the specific company. An example of stratification groupings, which may be used, are shown below under Structures and Improvements, Account 311.

1. Structures and Improvements, Account 311.

Suggested stratification groupings are as follows:

a. Valves.

b. Pumps, HVAC ductwork, roads.

c. Piping systems.

d. Building structures, tanks, lighting, vents.

2. Boiler Plant Equipment, Account 312.

3. Turbogenerator Units, Account 314.

4. Accessory Electric Equipment, Account 315.

5. Miscellaneous Power Plant Equipment, Account 316.

(b) Nuclear Power Production Plant. The following accounts shall be maintained, at a minimum, on a plant site basis. It is preferable, however, that the accounts be maintained for each individual unit within each plant site. Stratification within the accounts for use in determining depreciation rates for the accounts shall be established in accord with their potential life patterns and planning of the specific company. In addition, subaccounts shall be established for the components and facilities that are expected to retire and be decommissioned upon receipt of the license termination as well as those components and facilities which are subject to retention to generate electricity with another steam source after the removal of the current nuclear steam generating components.

1. Structures and Improvements, Account 321.

2. Reactor Plant Equipment, Account 322.

3. Turbogenerator Units, Account 323.

4. Accessory Electric Equipment, Account 324.

5. Miscellaneous Power Plant Equipment, Account 325.

(c) Other Production Plant. The following accounts shall be maintained, at a minimum, on a plant site basis. Stratification within the accounts for use in determining depreciation rates for the accounts shall be established in accord with their potential life patterns and usage of the specific company.

1. Structures and Improvements, Account 341.

2. Fuel Holders, Producers, And Accessories, Account 342.

3. Prime Movers, Account 343.

4. Generators, Account 344.

5. Accessory Electric Equipment, Account 345.

6. Miscellaneous Power Plant Equipment, Account 346.

(d) Transmission Plant. The following accounts shall be used:

1. Easements, Account 351.

2. Structures and Improvements, Account 352.

3. Station Equipment, Account 353.

4. Towers and Fixtures, Account 354.

5. Poles and Fixtures, Account 355.

6. Overhead Conductors and Devices, Account 356.

7. Underground Conduit, Account 357.

8. Underground Conductors and Devices, Account 358.

9. Roads and Trails, Account 359.

10. Additional accounts or subaccounts shall be established in accord with potential life patterns and planning of the specific company.

(e) Distribution Plant. The following accounts shall be used:

1. Easements, Account 360.

2. Structures and Improvements, Account 361.

3. Station Equipment, Account 362.

4. Poles, Towers and Fixtures, Account 364.

5. Overhead Conductors and Devices, Account 365.

6. Underground Conduit, Account 366.

7. Underground Conductors and Devices, Account 367.

8. Line Transformers, Account 368.

9. Services, Account 369.

10. Meters, Account 370.

11. Installation on Customers Premises, Account 371.

12. Street Lighting and Signal Systems, Account 373.

13. Additional accounts or subaccounts shall be established in accord with potential life patterns and planning of the specific company.

(f) General Plant. The following accounts shall be used:

1. Easements, Account 389.

2. Structures and Improvements, Account 390.

3. Office Furniture and Equipment, Account 391. The following subaccounts shall be used:

a. Furniture. The investment in this subaccount shall be amortized over a 7 year period.

b. Office Accessories. The investment in this subaccount shall be amortized over a 5 year period.

c. Office, Mailing, and Duplicating Equipment. The investment in this subaccount shall be amortized over a 7 year period.

d. Computer Equipment. The investment in this subaccount shall be amortized over a 5 year period.

4. Transportation Equipment, Account 392. The following subaccounts shall be used:

a. Passenger Cars.

b. Light Trucks. This subaccount shall include trucks of one ton in capacity or less.

c. Heavy Trucks. This subaccount shall include trucks of greater than one ton capacity.

d. Tractors and Trailers.

e. Special Purpose Vehicles.

f. Aircraft.

g. Investments associated with marine equipment, motorcycles and single-occupant vehicles shall be subaccounted and amortized over a 5 year period.

5. Stores Equipment, Account 393. The following subaccounts shall be used:

a. Handling equipment.

b. Storage and Portable Handling Equipment. This subaccount shall be amortized over a 7 year period.

6. Tools, Shop and Garage Equipment, Account 394. The following subaccounts shall be used:

a. Fixed or Stationary Equipment.

b. Portable Tools and Equipment. This subaccount shall be amortized over a 7 year period.

7. Laboratory Equipment, Account 395. The following subaccounts shall be used:

a. Fixed or Stationary Equipment.

b. Portable Equipment. This subaccount shall be amortized over a 7 year period.

8. Power Operated Equipment, Account 396.

9. Communication Equipment, Account 397. The following subaccounts shall be used:

a. Company Official Communication Equipment.

b. Optic Electronics Equipment.

c. Other Communication Equipment.

10. Miscellaneous Equipment, Account 398. This account shall be amortized over a 7 year period.

11. Additional accounts or subaccounts shall be established in accord with potential life patterns and planning of the specific company.

(6) Depreciation rates developed after January 1, 1992 shall be based on the account classifications in this rule. In implementing these rates the following procedures shall be followed:

(a) Reserve activity data, plant activity data, gross salvage, and costs of removal are to be recorded to the new accounts and subaccounts for activity subsequent to January 1, 1992.

(b) The separation of investments and reserves under prior accounts into balances relating to new accounts and subaccounts under this rule may require estimation. Where vintaged distributions are not maintained, separation into accounts and subaccounts may require synthesization.

(c) If an existing account is essentially compatible with an account listed in the rule, that account shall be deemed to be in compliance with this rule.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 366.04(2)(a), 366.05(1), 366.06(1) FS. History–New 12-12-91.

Fla. Admin. Code R. 25-6.04364 Electric Utilities Dismantlement Studies

(1) Each utility that owns a generating unit is required to establish a dismantlement accrual as approved by the Commission to accumulate a reserve to meet all expenses at the time of dismantlement. The purpose of the study required by subsection (3) is to obtain information to update cost estimates based on new developments, additional information, technological improvements, and forecasts; to evaluate alternative methodologies; and to revise the annual accrual needed to recover the costs. This rule does not apply to nuclear generating plants, which are addressed in Rule 25-6.04365, F.A.C.

(2) For the purpose of this rule, the following definitions shall apply:

(a) “Contingency Costs.” A specific provision for unforeseeable elements of cost within the defined project scope.

(b) “Dismantlement.” The process of safely managing, removing, demolishing, disposing, or converting for reuse the materials and equipment that remain at the generating unit following its retirement from service and restoring the site to a marketable or useable condition.

(c) “Dismantlement Costs.” The costs for the ultimate physical removal and disposal of plant and site restoration, minus any attendant gross salvage amount, upon final retirement of the site or unit from service.

(3) Each utility shall file a dismantlement study for each generating site once every 4 years from the submission date of the previous study or pursuant to Commission order and within the time specified in the order. The study shall be site-specific unless a showing is made by the utility that a site-specific study is not possible. A utility may file a study sooner than 4 years. Each utility’s dismantlement study shall include:

(a) A narrative describing each generating unit, including the in-service date and estimated retirement date.

(b) A list of all entities owning an interest in each generating unit and the percentage of ownership by each entity.

(c) The dismantlement study methodology.

(d) A summary of the major assumptions used in the study.

(e) The methodology selected to dismantle each generating unit and support for the selection.

(f) The methodology and escalation rates used in converting the current estimated dismantlement costs to future estimated dismantlement costs and supporting documentation and analyses.

(g) The total utility and jurisdictional dismantlement cost estimates in current dollars for each unit.

(h) The total utility and jurisdictional dismantlement cost estimates in future dollars for each unit.

(i) For each year, the estimated amount of dismantlement expenditures.

(j) The projected date each generating unit will cease operations.

(k) For each site, a comparison of the current approved annual dismantlement accruals with those proposed. Current accruals shall be identified as to the effective date and proposed accruals to the proposed effective date.

(l) A summary and explanation of material differences between the current study and the utility’s last filed study including changes in methodology and assumptions.

(m) Supporting schedules, analyses, and data, including the contingency allowance, used in developing the dismantlement cost estimates and annual accruals proposed by the utility. Supporting schedules shall include the inflation analysis.

(4) The dismantlement annual accrual shall be calculated using the current cost estimates escalated to the expected dates of actual dismantlement. The future costs less amounts recovered to date shall then be discounted in a manner that accrues the costs over the remaining life span of the unit.

(5) Dismantlement accruals shall be recorded monthly to assure that the costs for dismantlement have been provided for at the time the production unit or site ceases operations.

(6) A utility shall not establish a new annual dismantlement accrual, revise its annual dismantlement accrual, or transfer a dismantlement reserve without prior Commission approval.

(7) The annual dismantlement accrual shall be a fixed dollar amount and shall be based on a 4-year average of the accruals related to the years between the dismantlement study reviews.

(8) The accumulated dismantlement reserve and accruals shall be maintained in a subaccount of Account 108 “Accumulated Depreciation” and separate from the accumulated depreciation reserve and expenses. Subsidiary records shall include sufficient detail to allow for separate site or unit reporting.

History

• Rulemaking Authority 350.115, 350.127(2), 366.05(1) FS. Law Implemented 366.041, 366.05(1), 366.06(1) FS. History–New 12-30-03 Amended 4-28-16.

Fla. Admin. Code R. 25-6.04365 Nuclear Decommissioning

(1) Purpose. The purpose of this rule is to codify the Commission’s policy of requiring each utility that owns a nuclear generating plant to ensure there are sufficient funds on hand at the time of decommissioning to meet all required expenses by establishing appropriate decommissioning accruals. This rule requires each utility to file a Nuclear Decommissioning Study on a regular basis, the purpose of which is to obtain sufficient information to update cost estimates based on new developments, additional information, technological improvements, and forecasts; to reevaluate alternative methodologies; and to revise the annual accrual needed to recover the costs.

(2) Definitions. For the purpose of this rule, the following definitions shall apply:

(a) “Contingency Costs.” A specific provision for unforeseeable elements of cost within the defined project scope, which is particularly important where previous experience relating estimates and actual costs has shown that unforeseeable events that will increase costs are likely to occur.

(b) “Decommissioning.” The process of safely managing, dismantling, removing, or converting for reuse the materials and equipment that remain at the nuclear generating unit following its retirement that results in an amendment to the licensing status of a nuclear power plant from operational to possession-only and possibly unrestricted use.

(3) Nuclear Decommissioning Study. Each utility shall file a site-specific nuclear decommissioning study at least once every five years from the submission date of the previous study unless otherwise required by the Commission. At a minimum, each utility’s nuclear decommissioning study shall include:

(a) A narrative describing each nuclear unit, including the in-service date, the date of operating license expiration, and the status of any license renewal request.

(b) A list of all entities owning an interest in each nuclear unit, the percentage of ownership by each entity, and documentation showing the status of each entity in providing its share of the total decommissioning costs.

(c) A narrative explaining plans for spent nuclear fuel storage and removal at each nuclear unit, including, at a minimum, the date on-site spent fuel pool storage capacity will be lost, the date spent nuclear fuel is expected to be removed from the plant site, and the estimated costs for on-site dry storage to accommodate the decommissioning of the unit.

(d) The decommissioning study methodology.

(e) A summary of the major assumptions used in the study.

(f) The methodology selected to decommission each nuclear unit and support for the selection.

(g) The method of providing financial assurance. If funding is selected, show the amounts qualified and nonqualified for each year since the prior study, and also the method assumed in the calculation of the proposed annual accrual.

(h) The total utility and jurisdictional decommissioning cost estimates in current dollars for each unit.

(i) The total utility and jurisdictional decommissioning cost estimates in future dollars for each unit.

(j) For each year, the estimated amount of decommissioning expenditures and the sources of funds.

(k) The projected date each nuclear unit will no longer be included in rate base for ratemaking purposes.

(l) For each nuclear unit, a comparison of the current approved annual decommissioning accruals with those proposed. Current accruals shall be identified as to the effective date and proposed accruals to the proposed effective date.

(m) The assumed fund earnings rate, net of tax, used in the calculation of the decommissioning accrual and supporting documentation for the rate proposed by the utility.

(n) The methodology and escalation rate used in converting the current estimated decommissioning costs to future estimated decommissioning costs and supporting documentation and analyses.

(o) The annual revenue requirement of the proposed decommissioning cost estimates.

(p) A reconciliation of the decommissioning fund balance and the decommissioning reserve balance as of the effective date of the revised decommissioning accruals proposed by the utility. The reconciliation shall show the fund balances by category. The fund balance may involve estimates.

(q) A summary and explanation of material differences between the current study and the utility’s last filed study including, at a minimum, changes in methodology and assumptions.

(r) Supporting schedules, analyses, and data, including the contingency allowance, used in developing the decommissioning cost estimates and annual accruals proposed by the utility. Supporting schedules shall include the inflation and funding analyses.

(4) Accumulation of Annual Accruals.

(a) The decommissioning annual accrual shall be calculated using the current cost estimates escalated to the expected dates of actual decommissioning.

(b) Decommissioning accruals shall be accumulated monthly based on a Commission approved method to assure that the costs for decommissioning are provided for at the expiration of the nuclear unit’s operating license.

(c) A utility shall not change its annual nuclear decommissioning accruals without prior Commission approval.

(5) Nuclear Decommissioning Fund Performance. The Commission will review and evaluate each utility’s investment performance to determine whether the decommissioning fund earned at least the rate of inflation.

(6) License Renewal. Each utility shall provide the Commission Clerk with a written summary of communications concerning major milestones between the Nuclear Regulatory Commission and the utility concerning license renewal within 21 days of receipt or mailing by the utility. Major milestones include notice of intent to request a license renewal, submittal of application, issuance of renewal license, and decision to continue or cease operations.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.041, 366.06(1) FS. History–New 1-30-01.

Fla. Admin. Code R. 25-6.0437 Cost of Service Load Research

(1) Applicability. This rule shall apply to all investor-owned electric utilities over which the Commission has jurisdiction and which provide electric service to more than 50,000 retail customers at the end of any calendar year.

(2) Purpose. The primary purpose of this rule is to require that load research that supports cost of service studies used in ratemaking proceedings is of sufficient precision to reasonably assure that tariffs are equitable and reflect the true costs of serving each class of customer. Load research data gathered and submitted in accordance with this rule will also be used by the Commission to allocate costs to the customer classes in cost recovery clause proceedings, in evaluating proposed and operating conservation programs, for research, and for other purposes consistent with the Commission’s responsibilities.

(3) Sampling Plan. Within 90 days of becoming subject to this rule, each utility shall submit to the Commission a proposed load research sampling plan. The plan shall provide for sampling all rate classes that account for more than 1 percent of a utility’s annual retail sales. The plan shall provide that all covered rate classes shall be sampled within two years of the effective date of this rule. The sampling plan shall be designed to provide estimates of the averages of the 12 monthly coincident peaks for each class within plus or minus 10 percent at the 90 percent confidence level. The sampling plan shall also be designed to provide estimates of the summer and winter peak demands for each rate class within plus or minus 10 percent at the 90 percent confidence level, except for the General Service Non-Demand rate class. The sampling plan shall be designed to provide estimates of the summer and winter peak demands for the General Service Non-Demand rate class within plus or minus 15 percent at the 90 percent confidence level.

(4) Review of Proposed Plan. Except where a utility has requested a formal ruling by the Commission, within 90 days after submission, the Commission’s Division of Economics shall review each utility’s plan to determine whether it satisfies the criteria set forth in subsection (3) above and shall notify the utility in writing of its decision accepting or rejecting the proposed sampling plan. If a proposed plan is rejected, the written notice of rejection shall state clearly the reasons for rejecting the proposed plan. If a utility’s proposed plan is rejected, the utility shall submit a revised sampling plan to the Commission within 60 days after receiving the notice of rejection. Where a utility has requested staff review of its sampling plan and the plan has been rejected the utility may petition the Commission for approval of the plan. If a utility has not submitted a satisfactory sampling plan within 6 months following the submission of the initially proposed plan, the Commission may prescribe by order a sampling plan for the utility.

(5) Use of Approved Sampling Plan. The approved sampling plan shall be used for all load research performed for cost of service studies and other studies submitted to the Commission until a new sampling plan is approved by the Commission.

(6) Revised Sampling Plans. Each utility subject to this rule shall submit a current, revised sampling plan to the Commission no less often than every three years after the most recent sampling plan was required to be submitted. Any new or revised plan shall be developed using data from the utility’s most current load research to determine the required sampling plan to achieve the precision required in subsection (3) of this rule. New or revised plans shall be reviewed by the Commission pursuant to subsection (4) of this rule.

(7) Load Research Data to be Reported. Each utility subject to this rule shall perform a complete load research study in accordance with the specifications of this rule no less often than every three years. Each utility shall, within 120 days following completion of the study, submit to the Commission the results of each load research study completed after the effective date of this rule. The submission shall include a detailed calculation of the average 12 coincident peak and class load factors for each covered rate class based upon the load research results.

(8) Hourly Data to be Available Upon Request. Each utility subject to this rule shall make available within 30 days of a request by the Commission the estimated hourly demands by class for all hours in the year derived from this load research.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.117, 366.03, 366.04(2)(f), 366.05(1), 366.06(1), 366.82(3), (4) FS. History–New 3-11-84, Formerly 25-6.437, Amended 1-6-04.

Fla. Admin. Code R. 25-6.0438 Non-Firm Electric Service ‒ Terms and Conditions

(1) Applicability. This rule shall apply to all investor-owned electric utilities.

(2) Purpose. The purposes of this rule are: to define the character of non-firm electric service and various types thereof; to require a procedure for determining a utility’s maximum level of non-firm load; and to establish other minimum terms and conditions for the provision of non-firm electric service.

(3) Definitions.

(a) “Non-firm electric service” means electric service that, in accordance with terms and conditions specified in the applicable tariff, can be limited or interrupted. Non-firm service includes interruptible, curtailable, load management, and other types of non-firm electric service offered by the utilities pursuant to tariffs approved by the Florida Public Service Commission.

(b) “Interruptible electric service” means electric service that can be limited or interrupted, either automatically or manually, solely at the option of the utility.

(c) “Cost effective” in the context of non-firm service shall be based on avoided costs. It shall be defined as the net economic deferral or avoidance of additional production plant construction by the utility or in other measurable economic benefits in excess of all relevant costs accruing to the utility’s general body of ratepayers.

(d) “Curtailable electric service” means electric service that can be reduced or interrupted upon request of a utility but solely at the discretion of the customer.

(e) “Load management service” means electric service provided under an applicable firm rate schedule whereby electric service to specified components of the customer’s electric load may be interrupted at the discretion of the utility in accordance with conditions specified in the utility’s tariffs.

(4) Availability of Service.

(a) A utility may offer non-firm electric service to any customer or class of customers pursuant to tariffs or contracts approved by the Commission. Each utility that currently offers or proposes to offer non-firm electric service shall demonstrate, no later than its next rate case, that providing such service is cost effective.

(b) Each utility shall state in its tariff the terms and conditions under which non-firm electric service will be offered. If a utility believes that providing interruptible service or another type of non-firm service to a specific customer who otherwise qualifies for such service under the utility’s tariff will not result in benefits accruing to its general body of ratepayers, that utility shall apply to the Commission for authorization to refuse non-firm service to that customer. The provision of non-firm service for standby and supplemental purposes shall be consistent with the Federal Energy Regulatory Commission rule, 18 C.F.R. Section 292.305.

(c) When a utility proposes to make a change in any of its non-firm electric service offerings, it must provide written notice to each customer who may be affected by the proposal.

(5) Methods of Determining Maximum Levels of Non-Firm Load. Each utility offering non-firm electric service shall have on file with the Commission a methodology approved by the Commission for determining the cost effectiveness of non-firm load over its generation planning horizon, pursuant to the definition of “cost effective” in paragraph (3)(c). Specific consideration must be given to each type of non-firm electric service offered. A utility may petition the Commission to revise their methodology at any time.

(6) Maximum Levels of Non-Firm Load. Each utility shall attempt to maintain its subscribed non-firm loads at or below their maximum cost-effective levels, as determined by the utility’s approved methodology utilizing its most current system expansion plans and approved rates. If, during a revenue or rate review, the Commission finds that a utility’s efforts to maintain its subscribed non-firm loads at or below the maximum cost-effective level have not been prudent, the Commission may impute revenues at otherwise applicable rates for the amount of non-firm load in excess of cost effective levels.

(7) Reporting Requirements. Each utility offering non-firm electric service shall submit to the Commission on January 1 and July 1 of each year a report detailing the type of non-firm service offered and showing the amount of non-firm load on the utility’s system as of the month ending one month prior to the reporting date. In addition, the report shall state the cost-effective levels of non-firm load determined by the utility’s approved methodology.

(8) Minimum Notice to Transfer from Non-Firm to Firm Service. Each utility that offers non-firm service shall include a specific provision in its tariff that requires a customer to provide the utility with at least five years advance written notice in order for the customer to be eligible to transfer from interruptible to firm service. A utility may apply to the Commission for approval of a different minimum notice requirement if it can demonstrate that a different notice requirement is necessary or appropriate, either for all or any individual non-firm service offerings.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.04, 366.041, 366.05 FS. History–New 8-21-86, Amended 9-3-91, 1-31-00.

Fla. Admin. Code R. 25-6.0439 Territorial Agreements and Disputes for Electric Utilities - Definitions

For the purpose of Rules 25-6.0440, 25-6.0441 and 25-6.0442, F.A.C., the following terms shall have the following meaning:

(1) “Territorial agreement” means a written agreement between two or more electric utilities which identifies the geographical areas to be served by each electric utility party to the agreement, the terms and conditions pertaining to implementation of the agreement, and any other terms and conditions pertinent to the agreement;

(2) “Territorial dispute” means a disagreement as to which utility has the right and the obligation to serve a particular geographical area.

PART IV GENERAL SERVICE PROVISIONS

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2), (4), (5) FS. History–New 3-4-90.

Fla. Admin. Code R. 25-6.0440 Territorial Agreements for Electric Utilities

(1) All territorial agreements between electric utilities must be submitted to the Commission for approval. Each territorial agreement must clearly identify the geographical area to be served by each utility. The submission must include:

(a) A map and a written description of the area,

(b) The terms and conditions pertaining to implementation of the agreement, and any other terms and conditions pertaining to the agreement,

(c) The number and class of customers to be transferred,

(d) Assurance that the affected customers have been contacted and the difference in rates explained,

(e) Information with respect to the degree of acceptance by affected customers, i.e., the number in favor of and those opposed to the transfer, and

(f) An official Florida Department of Transportation General Highway County map for each affected county depicting boundary lines established by the territorial agreement. Upon approval of the agreement, any modification, changes, or corrections to this agreement must be approved by this Commission.

(2) Standards for Approval. In approving territorial agreements, the Commission may consider:

(a) The reasonableness of the purchase price of any facilities being transferred;

(b) The reasonable likelihood that the agreement, in and of itself, will not cause a decrease in the reliability of electrical service to the existing or future ratepayers of any utility party to the agreement;

(c) The reasonable likelihood that the agreement will eliminate existing or potential uneconomic duplication of facilities; and

(d) Any other factor the Commission finds relevant in reaching a determination that the territorial agreement is in the public interest.

(3) The Commission may require additional relevant information from the parties of the agreement, if so warranted.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2), (4), (5), 366.05(7) FS. History–New 3-4-90, Amended 2-13-96, 8-5-20.

Fla. Admin. Code R. 25-6.0441 Territorial Disputes for Electric Utilities

(1) A territorial dispute proceeding may be initiated by a petition from an electric utility requesting the Commission to resolve the dispute. Additionally the Commission may, on its own motion, identify the existence of a dispute and order the affected parties to participate in a proceeding to resolve it. Each utility that is a party to a territorial dispute must provide a map and a written description of the disputed area along with the conditions that caused the dispute. Each utility party must also provide a description of the existing and planned load to be served in the area of dispute and a description of the type, additional cost, and reliability of electrical facilities and other utility services to be provided within the disputed area.

(2) In resolving territorial disputes, the Commission may consider, in addition to the factors listed in Section 366.04(2)(e), F.S.:

(a) The capability of each utility to provide reliable electric service within the disputed area with its existing facilities and the extent to which additional facilities are needed;

(b) The nature of the disputed area, including population and the type of utilities seeking to serve it, the degree of urbanization of the area and its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services;

(c) The cost of each utility to provide distribution and subtransmission facilities to the disputed area presently and in the future;

(d) Any other factor the Commission finds relevant in reaching a determination that the resolution of the territorial dispute is in the public interest; and

(e) If all other factors are substantially equal, customer preference.

(3) The Commission may require additional relevant information from the parties of the dispute, if so warranted.

(4) Upon resolution of each territorial dispute, the parties to the dispute must submit to the Commission an official Florida Department of Transportation General Highway County map for each affected county depicting boundary lines established by the resolution of the territorial dispute.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2), (4), (5), 366.05(7) FS. History–New 3-4-90, Amended 2-13-96, 8-5-20.

Fla. Admin. Code R. 25-6.0442 Customer Participation

(1) Any customer located within the geographic area in question shall have an opportunity to present oral or written communications in commission proceedings to approve territorial agreements or resolve territorial disputes. If the commission proposes to consider such material, then all parties shall be given a reasonable opportunity to cross-examine or challenge or rebut it.

(2) Any substantially affected customer shall have the right to intervene in such proceedings.

(3) In any Commission proceeding to approve a territorial agreement or resolve a territorial dispute, the Commission shall give notice of the proceeding in the manner provided by Rule 25-22.0405, F.A.C.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2), (4), 366.05(7) FS. History–New 3-4-90.

Fla. Admin. Code R. 25-6.044 Continuity of Service

(1) Definitions applicable to this part:

(a) “Area of Service.” A geographic area where a utility provides retail electric service. An Area of Service can be the entire system, a district, or a subregion of the utility’s system in which centralized distribution service functions are carried out.

(b) “Average Duration of Outage Events (L-Bar).” The sum of each Outage Event Duration for all Outage Events occurring during a given time period, divided by the Number of Outage Events over the same time period within a specific Area of Service.

(c) “Customer Average Interruption Duration Index (CAIDI).” The average time to restore service to interrupted retail customers within a specified Area of Service over a given period of time. It is determined by dividing the sum of Customer Minutes of Interruption by the total number of Service Interruptions for the respective Area of Service.

(d) “Customers Experiencing More Than Five Interruptions (CEMI5).” The number of retail customers that sustain more than five Service Interruptions for a specified Area of Service over a given period of time.

(e) “Customer Minutes of Interruption (CMI).” For a given Outage Event, CMI is the sum of each affected retail customer’s Service Interruption Duration.

(f) “Momentary Average Interruption Event Frequency Index (MAIFIe).” The average number of Momentary Interruption Events recorded on primary circuits for a specified Area of Service over a given period of time.

(g) “Momentary Interruption.” The complete loss of voltage for less than one minute. This does not include short duration phenomena causing waveform distortion.

(h) “Momentary Interruption Event.” One or more Momentary Interruptions recorded by the operation of a utility distribution interrupting device within a five minute period. For example, two or three operations of a primary circuit breaker within a five minute period that did not result in a Service Interruption is one Momentary Interruption Event.

(i) “Number of Customers Served (C).” The sum of all retail customers on the last day of a given time period within a specific Area of Service.

(j) “Number of Outage Events (N).” The sum of Outage Events for an Area of Service over a specified period of time.

(k) “Outage Event.” An occurrence that results in one or more individual retail customer Service Interruptions.

(l) “Outage Event Duration (L).” The time interval, in minutes, between the time when a utility first becomes aware of an Outage Event and the time of restoration of service to the last retail customer affected by that Outage Event.

(m) “Service Interruption.” The complete loss of voltage of at least one minute to a retail customer.

(n) “Service Interruption Duration.” The time interval, in minutes, between the time a utility first becomes aware of a Service Interruption and the time of restoration of service to that retail customer.

(o) “System Average Interruption Duration Index (SAIDI).” The average minutes of Service Interruption Duration per retail customer served within a specified Area of Service over a given period of time. It is determined by dividing the total Customer Minutes of Interruption by the total Number of Customers Served for the respective Area of Service.

(p) “System Average Interruption Frequency Index (SAIFI).” The average number of Service Interruptions per retail customer within a specified Area of Service over a given period of time. It is determined by dividing the sum of Service Interruptions by the total Number of Customers Served for the respective Area of Service.

(q) “Planned Service Interruption.” A Service Interruption initiated by the utility to perform necessary scheduled activities, such as maintenance, infrastructure improvements, and new construction due to customer growth.

(2) Each utility shall keep a record of its system reliability and continuity of service data, customers’ Service Interruption notifications, and other data necessary for the annual reports filed under these rules. These records and data shall be retained for a minimum of ten years from the filing of each annual report. The utility shall record each Outage Event as planned or unplanned and shall identify the point of origination such as generation facility, transmission line, transmission substation equipment, or distribution equipment. The cause of each Outage Event shall be determined and recorded in a standardized manner throughout the utility. The date and time of the Outage Event and the number of Service Interruptions for the Outage Event shall also be recorded.

(3) Each utility shall make all reasonable efforts to prevent interruptions of service and when such interruptions occur shall attempt to restore service within the shortest time practicable consistent with safety.

(4) When the service is necessarily interrupted or curtailed, it shall be done at a time which, when at all practicable, will result in the least inconvenience to customers and all such scheduled interruptions shall be preceded by reasonable notice whenever practicable to affected customers. Each utility shall maintain a current copy of its noticing procedures with the Division of Engineering.

(5) The provisions of this rule shall not apply to a curtailment or an interruption of service to customers receiving service under interruptible rate classifications when the curtailment or interruption of service occurs pursuant to the affected retail customer’s service agreement.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.04(2)(c), (5), 366.05 FS. History–New 7-29-69, Formerly 25-6.44, Amended 2-25-93, 11-7-02, 8-17-06.

Fla. Admin. Code R. 25-6.045 Frequency Standards

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.45, Repealed 2-25-93.

Fla. Admin. Code R. 25-6.0455 Annual Distribution Service Reliability Report

(1) Each utility shall file a Distribution Service Reliability Report with the Commission Clerk on or before March 1 of each year, for the preceding calendar year.

(2) The Distribution Service Reliability Report will exclude the impact of all service interruptions associated with generation and transmission disturbances governed by subsections 25-6.018(2) and (3), F.A.C.

(3) The report shall contain the following information on an actual and adjusted basis:

(a) The utility’s total number of Outage Events (N), categorized by cause for the highest ten causes of Outage Events, the Average Duration of Outage Events (L-Bar), and Average Service Restoration Time (CAIDI). The utility shall record these data and analyses on Form PSC/ENG 102-1(a) (8/06) and Form PSC/ENG 102-1(b) (8/06), entitled “Causes of Outage Events – Actual” and “Causes of Outage Events – Adjusted”, respectively, which may be obtained from the Division of Engineering, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, (850)413-6910, and which are incorporated herein by reference;

(b) Identification of the three percent of the utility’s Primary Circuits (feeders) with the highest number of feeder breaker interruptions. For each primary circuit so identified the utility shall report the primary circuit identification number or name, substation origin, general location, number of affected customers by service class served, Number of Outage Events (N), Average Duration of Outage Events (L-Bar), Average Service Restoration Time (CAIDI), whether the same circuit is being reported for the second consecutive year, the number of years the primary circuit was reported on the “Three Percent Feeder List” in the past five years, and the corrective action date of completion. The utility shall record these data and analyses on Form PSC/ENG 102-2(a) (8/06) and Form PSC/ENG 102-2(b) (8/06), entitled “Three Percent Feeder List – Actual” and “Three Percent Feeder List – Adjusted”, respectively, which may be obtained from the Division of Engineering, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, (850)413-6910, and which are incorporated herein by reference;

(c) The reliability indices SAIDI, CAIDI, SAIFI, MAIFIe, and CEMI5 for its system and for each district or region into which its system may be divided. The utility shall report these data and analyses on Form PSC/ENG 102-3(a) (8/06) and Form PSC/ENG 102-3(b) (8/06), entitles “System Reliability Indices – Annual” and “System Reliability Indices – Adjusted”, respectively, which may be obtained from the Division of Engineering, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, (850)413-6910, and which are incorporated herein by reference. Any utility furnishing electric service to fewer than 50,000 retail customers shall not be required to report the reliability indices MAIFIe or CEMI5; and

(d) The calculations for each of the required indices and measures of distribution reliability.

(4) Adjusted distribution reliability data may omit Outage Events directly caused by:

(a) Planned Service Interruptions;

(b) A storm named by the National Hurricane Center;

(c) A tornado recorded by the National Weather Service;

(d) Ice on lines;

(e) A planned load management event;

(f) Any electric generation or transmission event not governed by subsections 25-6.018(2) and (3), F.A.C.; or

(g) An extreme weather or fire event causing activation of the county emergency operation center.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.04(2)(c), (f), (5), 366.05, 366.05(7) FS. History–New 2-25-93, Amended 11-7-02, 8-17-06.

Fla. Admin. Code R. 25-6.046 Voltage Standards

(1) Each utility shall adopt standard nominal voltages conforming to modern usage, as may be required by the design of its distributing and transmission system for its entire service area or for each of the districts into which its system may be divided.

(a) For service rendered to customers whose principal consumption shall be for lighting and/or residential purposes, the voltage at the point of delivery shall not exceed 5% above or below the standard voltage adopted.

(b) For service rendered principally for industrial or power purposes, excluding residential purposes, the voltage at the point of delivery shall not exceed 7 1/2% above or below the standard voltage adopted.

(c) Sudden changes in voltage that exceed 5% of the standard voltage and occur more frequently than two times per hour, or changes of 2 1/2% that occur more frequently than once per minute shall be limited to magnitudes and frequency of occurrence compatible with the customer’s requirements.

(d) The limitations in paragraphs (a), (b) and (c) may be modified for cases in which the customer specifically agrees to accept service not meeting the specified limits.

(2) Where the utility’s facilities are reasonably adequate and of sufficient capacity to carry the actual loads normally imposed, the utility may require that the equipment on the customer’s premises shall be such that the starting and operating characteristics will not cause an instantaneous voltage drop of more than 4% of the standard voltage, measured at the point of delivery, or cause objectionable flicker to other customers’ service.

(3) Variations in voltage in excess of the limits specified above caused by service interruptions, action of the elements, temporary separation of parts of the system, infrequent and unavoidable fluctuations not exceeding five (5) minutes duration, operation of the customers’ equipment at low power factor, unbalanced loading, or other causes beyond the control of the utility shall not be considered a violation of this rule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.04(2)(c), (5) FS. History–New 7-29-69, Formerly 25-6.46, Amended 2-25-93.

Fla. Admin. Code R. 25-6.047 Constant Current Standards

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.04(2)(c), (5) FS. History–New 7-29-69, Formerly 25-6.47, Repealed 10-26-20.

Fla. Admin. Code R. 25-6.048 Limiting Connected Load

If the utility maintains a rate based on connected load, provisions shall be made in its rules whereby the customer may arrange his wiring in such a manner that only a portion of the load may be served at one time. In such cases the connected load to be used for the computation of charges shall be the largest load which can be served.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 7-29-69, Formerly 25-6.48.

Fla. Admin. Code R. 25-6.049 Measuring Customer Service

(1) All energy sold to customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility, except where it is impractical to meter loads, such as street lighting, temporary or special installations, in which case the consumption may be calculated, or billed on demand or connected load rate or as provided in the utility’s filed tariff.

(2) When there is more than one meter at a location, the metering equipment shall be so tagged or plainly marked as to indicate the circuit metered. Where similar types of meters record different quantities, (kilowatt-hours and reactive power, for example), metering equipment shall be tagged or plainly marked to indicate what the meters are recording.

(3) Meters which are not direct reading shall have the multiplier plainly marked on the meter. All charts taken from recording meters shall be marked with the date of the record, the meter number, customer, and chart multiplier. The register ratio shall be marked on all meter registers. The watt-hour constant for the meter itself shall be placed on all watt-hour meters.

(4) Metering equipment shall not be set “fast” or “slow” to compensate for supply transformer or line losses.

(5) Individual electric metering by the utility shall be required for each separate occupancy unit of new commercial establishments, residential buildings, condominiums, cooperatives, marinas, and trailer, mobile home and recreational vehicle parks. However, individual metering shall not be required for any such occupancy unit for which a construction permit was issued before, and which has received master-metered service continuously since January 1, 1981. In addition, individual electric meters shall not be required:

(a) In those portions of a commercial establishment where the floor space dimensions or physical configuration of the units are subject to alteration, as evidenced by non-structural element partition walls, unless the utility determines that adequate provisions can be made to modify the metering to accurately reflect such alterations;

(b) For electricity used in central heating, ventilating and air conditioning systems, or electric back up service to storage heating and cooling systems;

(c) For electricity used in specialized-use housing accommodations such as hospitals, nursing homes, living facilities located on the same premises as, and operated in conjunction with, a nursing home or other health care facility providing at least the same level and types of services as a nursing home, convalescent homes, facilities certificated under Chapter 651, F.S., college dormitories, convents, sorority houses, fraternity houses, and similar facilities;

(d) For lodging establishments such as hotels, motels, and similar facilities which are rented, leased, or otherwise provided to guests by an operator providing overnight occupancy as defined in paragraph (8)(b);

(e) For separate, specially-designated areas for overnight occupancy, as defined in paragraph (8)(b), at trailer, mobile home and recreational vehicle parks and marinas where permanent residency is not established;

(f) For new and existing time-share plans, provided that all of the occupancy units which are served by the master meter or meters are committed to a time-share plan as defined in Chapter 721, F.S., and none of the occupancy units are used for permanent occupancy.

(g) For condominiums that meet the following criteria:

1. The declaration of condominium requires that at least 95 percent of the units are used solely for overnight occupancy as defined in paragraph (8)(b) of this rule;

2. A registration desk, lobby and central telephone switchboard are maintained; and

3. A record is kept for each unit showing each check-in and check-out date for the unit, and the name(s) of the individual(s) registered to occupy the unit between each check-in and check-out date.

(6) Master-metered condominiums.

(a) Initial Qualifications – In addition to the criteria in paragraph (5)(g), in order to initially qualify for master-metered service, the owner or developer of the condominium, the condominium association, or the customer must attest to the utility that the criteria in paragraph (5)(g) and in this subsection have been met, and that any cost of future conversion to individual metering will be the responsibility of the customer, consistent with subsection (7) of this rule. Upon request and reasonable notice by the utility, the utility shall be allowed to inspect the condominium to collect evidence needed to determine whether the condominium is in compliance with this rule. If the criteria in paragraph (5)(g) and in this subsection are not met, then the utility shall not provide master-metered service to the condominium.

(b) Ongoing Compliance – The customer shall attest annually, in writing, to the utility that the condominium meets the criteria for master metering in paragraph (5)(g). The utility shall establish the date that annual compliance materials are due based on its determination of the date that the criteria in paragraphs (5)(g) and (6)(a) were initially satisfied, and shall inform the customer of that date before the first annual notice is due. The customer shall notify the utility within 10 days if, at any time, the condominium ceases to meet the requirements in paragraph (5)(g).

(c) Upon request and reasonable notice by the utility, the utility shall be allowed to inspect the condominium to collect evidence needed to determine whether the condominium is in compliance with this rule.

(d) Failure to Comply – If a condominium is master metered under the exemption in this rule and subsequently fails to meet the criteria contained in paragraph (5)(g), or the customer fails to make the annual attestation required by paragraph (6)(b), then the utility shall promptly notify the customer that the condominium is no longer eligible for master-metered service. If the customer does not respond with clear evidence to the contrary within 30 days of receiving the notice, the customer shall individually meter the condominium units within six months following the date on the notice. During this six month period, the utility shall not discontinue service based on failure to comply with this rule. Thereafter, the provisions of Rule 25-6.105, F.A.C., apply.

(7) When a structure or building is converted from individual metering to master metering, or from master metering to individual metering, the customer shall be responsible for the costs incurred by the utility for the conversion. These costs shall include, but not be limited to, any remaining undepreciated cost of any existing distribution equipment which is removed or transferred to the ownership of the customer, plus the cost of removal or relocation of any distribution equipment, less the salvage value of any removed equipment.

(8) For purposes of this rule:

(a) “Occupancy unit” means that portion of any commercial establishment, single and multi-unit residential building, or trailer, mobile home or recreational vehicle park, or marina which is set apart from the rest of such facility by clearly determinable boundaries as described in the rental, lease, or ownership agreement for such unit.

(b) “Overnight Occupancy” means use of an occupancy unit for a short term such as per day or per week where permanent residency is not established.

(9)(a) Where individual metering is not required under subsection (5) and master metering is used in lieu thereof, reasonable apportionment methods, including sub-metering may be used by the customer of record or the owner of such facility solely for the purpose of allocating the cost of the electricity billed by the utility. The term “cost” as used herein means only those charges specifically authorized by the electric utility’s tariff, including but not limited to the customer, energy, demand, fuel, conservation, capacity and environmental charges made by the electric utility plus applicable taxes and fees to the customer of record responsible for the master meter payments. The term does not include late payment charges, returned check charges, the cost of the customer-owned distribution system behind the master meter, the customer of record’s cost of billing the individual units, and other such costs.

(b) Any fees or charges collected by a customer of record for electricity billed to the customer’s account by the utility, whether based on the use of sub-metering or any other allocation method, shall be determined in a manner which reimburses the customer of record for no more than the customer’s actual cost of electricity.

(c) Each utility shall develop a standard policy governing the provisions of sub-metering as provided for herein. Such policy shall be filed by each utility as part of its tariffs. The policy shall have uniform application and shall be nondiscriminatory.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), 366.06(1), 366.81, 366.82 FS. History–New 7-29-69, Amended 11-26-80, 12-23-82, 12-28-83, Formerly 25-6.49, Amended 7-14-87, 10-5-88, 3-23-97, 10-10-06.

Fla. Admin. Code R. 25-6.050 Location of Meters

The utility shall designate to an applicant or its customers the location for meter placement. Locations of meters shall be easily accessible for reading, testing, and making necessary adjustments and repairs. If an applicant requests a different location for meter placement from that designated by the utility on initial application for service and the utility agrees that the different meter location is acceptable to the utility, the applicant shall pay the incremental cost of installing the meter at the different location. If an existing customer requests relocation of an existing installed meter and the utility agrees that the different meter location is acceptable to the utility, the existing customer shall pay the incremental cost of relocating the meter at the different location.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.50, Amended 2-4-13.

Fla. Admin. Code R. 25-6.051 Rental Change for Meters

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.51, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.052 Accuracy Requirements and Test Plans for Metering Devices

(1) Definitions.

(a) “Electronic Meter.” Any meter that measures electric demand or energy and displays registration using electronic components only.

(b) “Mechanical Meter.” Any meter that measures electric demand or energy and displays registration using mechanical components rather than electronic or solid-state components.

(c) “Lagged Demand (or Thermal Demand) Meter.” Any meter that indicates demand by means of thermal or mechanical devices having an approximately exponential response.

(d) “Registration Error.” The variation in kilowatts or kilowatt-hours from the true value measured by a standard or reference device.

(e) “Meter Type.” A combination of design and construction that forms a unique method of measurement of the consumption of electricity. For example, electromechanical, thermal, solid state, hybrid, etc.

(2) Accuracy Requirements for Watthour Meters. The performance of an in-service watthour meter shall be acceptable when the meter does not creep and the average registration error does not exceed plus or minus two percent. Meter registration error shall be determined in accordance with subsection 25-6.058(1), F.A.C.

(3) Accuracy Requirements for Demand Meters and Registers.

(a) The performance of a mechanical or lagged demand meter or register shall be acceptable when the registration error does not exceed four percent in terms of full-scale value at any point between 25 percent and 100 percent of full-scale value. Meter registration error shall be determined in accordance with paragraph 25-6.058(2)(a), F.A.C.

(b) The performance of an electronic demand meter or register shall be acceptable when the registration error does not exceed two percent of reading at any point between 10 percent and 100 percent of test amperes. Meter registration error shall be determined in accordance with paragraph 25-6.058(2)(b), F.A.C.

(c) Demand meters shall indicate zero under no-load conditions.

(4) Meter Equipment Test Procedures.

(a) The test of any unit of metering equipment shall consist of a comparison of its accuracy with the accuracy of a standard.

(b) Watthour meters and associated devices shall be tested for accuracy and adjusted in accordance with American National Standard for Electric Meters, Code for Electricity Metering (ANSI C12.1 – 2001), which is incorporated herein by reference.

(c) Electronic meters that compute demand from watthour meter registration and programmed demand algorithms shall be tested and adjusted in accordance with ANSI C12.1 – 2001. Demand registration need not be tested, provided the meter has been inspected to contain the correct demand algorithm whenever watthour registration is tested.

(5) Test Plans.

(a) Each utility shall submit its test plan for review and approval for all types of metering equipment, including:

1. Single-phase watthour meters;

2. Polyphase watthour meters;

3. Demand meters;

4. Pulse initiating meters;

5. Pulse recorders;

6. Time-of-use meters; and

7. Instrument Transformers.

(b) Test plans shall contain the following for each type of metering device covered:

1. Adjustment limits;

2. Test points;

3. Test duration;

4. Type of test – single-phase test, polyphase test, etc.; and

5. Description of the general steps involved.

(c) Any changes to a previously approved test plan must be submitted to the Commission’s Division of Engineering for approval. Adding a meter type to a previously approved test plan is a change that requires approval.

(d) Review of Proposed Test Plans. Except where a utility has requested a formal ruling by the Commission, the Division of Engineering shall within 90 days after submission review each utility’s proposed test plan to determine whether it satisfies the criteria set forth in paragraphs (5)(a) and (b) above and shall notify the utility in writing of its decision accepting or rejecting the proposed plan. If a proposed plan is rejected, the written notice of rejection shall state clearly the reasons for rejecting the proposed plan. If a utility’s proposed plan is rejected, the utility shall submit a revised plan to the Commission within 60 days after receiving the notice of rejection. Where a utility has requested staff review of its plan and a plan has been rejected, the utility may petition the Commission for approval of the plan.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3) FS. History–New 7-29-69, Formerly 25-6.52, Amended 5-19-97, 7-3-06.

Fla. Admin. Code R. 25-6.053 Requirements as to Use of Instrument Transformers

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.53, Repealed 5-19-97.

Fla. Admin. Code R. 25-6.054 Laboratory Standards

(1) Each utility shall have available one or more watthour meters to be used as basic reference standards. The watthour meters must have an adequate capacity and voltage range to test all portable standards used by the utility and must meet the requirements described in subsection 25-6.055(1), F.A.C.

(a) Watthour meters used as basic reference standards shall not be in error by more than plus or minus 0.05 percent at 1.00 power factor or by more than 0.10 percent at 0.50 power factor. Watthour meters shall not be used to check or calibrate portable standard watthour meters unless the basic reference standard watthour meter has been checked and adjusted, if necessary, to the prescribed accuracy within the preceding twelve months.

(b) The percent registration of each basic reference standard watthour meter shall be compared with the percent registration of all other basic reference standard watthour meters used by the utility.

(2) Each utility shall establish traceability of its watthour standard to the national standards at least annually using one of the following methods:

(a) Through the Measurement Assurance Program (MAP) in which the National Institute of Standards and Technology (NIST) has provided a transport standard; or

(b) Through a transport standard which is of the same nominal value and of quality equal to the basic reference standards that are sent to NIST or to an independent laboratory approved by the Commission.

(3) If error exceeding that referenced in paragraph 25-6.054(1)(a), F.A.C., in the percent registration of a watthour meter used as a basic reference standard is observed in the comparisons in paragraph 25-6.054(2)(b), F.A.C., the utility shall investigate the source of the error. If the cause of the error cannot be corrected, use of the watthour meter as a basic reference standard shall be discontinued.

(4) Each utility shall maintain the following historical performance records for each watthour meter used as a basic reference standard until the meter is no longer in use:

(a) Comparisons of basic reference standards with national standards; and

(b) Intercomparisons made with other basic reference standards.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), (3) FS. History–New 7-29-69, Amended 4-13-80, 5-13-85, Formerly 25-6.54, Amended 5-19-97, 10-26-20.

Fla. Admin. Code R. 25-6.055 Portable Standards

(1) Each utility shall have one or more watthour meters to be used as portable standards, which shall have adequate capacity and voltage range to test all watthour meters used by the utility for billing purposes.

(a) All portable standard watthour meters shall be compared with a basic reference standard once a year.

(b) Each portable standard watthour meter shall be adjusted, if necessary, so that its accuracy will be within plus or minus 0.10 percent at 1.00 power factor and within plus or minus 0.20 percent at 0.50 power factor.

(2) If error exceeding that referenced in paragraph 25-6.055(1)(b), F.A.C., in the percent registration of a watthour meter used as a portable standard is observed in the comparisons in subsection 25-6.055(1), F.A.C., the utility shall investigate the source of the error. If the cause of the error cannot be corrected, use of the watthour meter as a basic reference standard shall be discontinued.

(3) The calibration history of each standard shall be made available to the Commission upon request.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), (3) FS. History–New 7-29-69, Amended 5-13-85, Formerly 25-6.55, Amended 5-19-97.

Fla. Admin. Code R. 25-6.056 Metering Device Test Plans

(1) The test of any unit of metering equipment shall consist of a comparison of its accuracy with a standard of known accuracy. Units not meeting the accuracy or other requirements of Rule 25-6.052, F.A.C., at the time of the test shall be corrected to meet such requirements and adjusted to within the required accuracy as close to 100 percent accurate as practicable or their use discontinued.

(2) All metering device tests shall be retained in accordance with Rule 25-6.022, F.A.C.

(3) New instrument transformers shall be tested in accordance with subsection (5) of this rule. Instrument transformers that have been removed from service shall be tested prior to reinstallation if the reason for removal, physical appearance, or record of performance gives cause to doubt its reliability.

(4) All metering equipment listed in paragraph 25-6.052(5)(a), F.A.C., shall be tested:

(a) Before initial and each successive installation, either by the utility or the manufacturer, with the exception of units of metering equipment that are statistically sample tested by the utility under an approved Random Sampling Plan; and

(b) When they are suspected by the utility of being inaccurate or damaged.

(5) Acceptance Testing. Tests for all new units of metering equipment may be performed according to one of three plans:

(a) On a 100 percent basis, with testing performed by the utility;

(b) On a statistically sampled basis under an approved Random Sampling Plan, with testing performed by the utility; or

(c) On a 100 percent basis, with testing performed by the manufacturer and the test results for each unit provided by the manufacturer and maintained by the utility.

(6) Within each population specified in an approved sampling plan or periodic test plan of mechanical or lagged demand meters, or other metering devices for which acceptability is stated in terms of full-scale value, each device shall have the same class amperage and class voltage.

(7) In-Service Testing.

(a) In-service metering devices may be sample tested under an approved Random Sampling Plan.

(b) In-service metering devices that are not included in an approved Random Sampling Plan shall be tested periodically. The periodic testing schedule for equipment not included in an approved Random Sampling Plan must be approved by the Commission.

(8) Random Sampling Plans Submitted for Approval.

(a) Random Sampling Plans published by the United States Department of Defense or by The American Society for Quality Control, or any other sampling plans that have been approved by the Commission prior to the effective date of this rule need not be re-approved for the types of equipment for which they were approved.

(b) Each Random Sampling Plan submitted for approval shall include, at a minimum, the following information:

1. Plans to more closely monitor populations of equipment in service for which estimates indicate accuracy problems, to determine if units in the population need to be adjusted or replaced (in-service sampling plans).

2. A statement of the plan’s statistical design and the rationale for using the plan in lieu of testing 100 percent of the units in the population.

3. A precise statement of the plan’s null hypothesis and alternative hypotheses, the probability of committing Type I error and Type II error, and the criteria for accepting or rejecting the null hypothesis.

(c) “Variables” sampling plans may use either of the “known variability” or the “unknown variability” acceptance criteria. The acceptance criteria shall be appropriately modeled. Variables sampling plans shall use the population standard deviation to measure variability unless the proposed plan is accompanied by adequate justification for using another parameter.

(9) The analysis of a proposed Random Sampling Plan, or a proposed periodic in-service testing schedule where applicable, shall include assessments of the plan’s ability to detect the presence of inaccurate equipment, the economy of testing only a sample of the units in the population, the impact of having inaccurate units used for billing purposes, the number of units in the population, and the historical performance of the type of equipment covered by the proposed plan.

(10) Approval of Sampling Plans and In-Service Testing Schedules. All utilities subject to this rule shall submit to the Commission’s Division of Engineering a proposed Random Sampling Plan for each population of metering devices for which it intends to use a random sampling plan for acceptance testing or for in-service testing, and a proposed periodic testing schedule for each population of metering devices for which it does not submit a proposed in-service random sampling plan. Sampling plans and in-service testing schedules must be reviewed and approved pursuant to subsection (11) of this rule prior to their use.

(11) Review of Proposed Test Plan. As used in this subsection, the word “plan” includes periodic testing schedules as well as Random Sampling Plans. Except where a utility has requested a formal ruling by the Commission, the Division of Engineering shall within 90 days after submission review each utility’s plan to determine whether it satisfies the criteria set forth in subsections (8) and (9) above, and shall notify the utility in writing of its decision accepting or rejecting the proposed plan. If a proposed plan is rejected, the written notice of rejection shall state clearly the reasons for rejecting the proposed plan. If a utility’s proposed plan is rejected, the utility shall submit a revised plan to the Commission within 60 days after receiving the notice of rejection. Where a utility has requested staff review of its plan and the plan has been rejected, the utility may petition the Commission for approval of the initially proposed plan.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3) FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.56, Amended 5-19-97, 7-3-06.

Fla. Admin. Code R. 25-6.057 Methods of Meter Test

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3) FS. History–New 7-29-69, Formerly 25-6.57, Repealed 5-19-97.

Fla. Admin. Code R. 25-6.058 Determination of Average Meter Registration Error

(1) Average Meter Registration Error for Watthour Registers.

(a) If the metering installation is used to measure a load which has practically constant characteristics, such as a street-lighting load, the meter shall be tested under similar conditions of load and the registration error of the meter “as found” shall be considered as the average meter error.

(b) If a single-phase metering installation is used on a varying load, the average registration error shall be determined by one of the following methods. The utility shall select the method that best fits the customer’s usage pattern.

1. The weighted algebraic average of the error at approximately 10 percent and at 100 percent of the rated test amperes for the meter, the latter being given a weight of four times the former;

2. The simple average of the error at approximately 10 percent and at approximately 100 percent of the rated test amperes of the meter, each being given an equal weight; or

3. A single point, when calculating the error of an electronic meter, and the single point is an accurate representation of the error over the load range of the meter.

(c) If a polyphase metering installation is used on a varying load, the average registration error shall be determined by one of the following methods. The utility shall select the method that best fits the customer’s usage pattern.

1. The weighted algebraic average of its error at light load (approximately 10 percent rated test amperes) given a weight of two, its error at heavy load (approximately 100 percent rated test amperes) and 100 percent power factor given a weight of four, and at heavy load (approximately 100 percent rated test amperes) and 50 percent lagging power factor given a weight of one; or

2. A single point, when calculating the error of an electronic meter, and the single point is an accurate representation of the error over the load range of the meter.

(2) Average Meter Registration Error for Demand Registers.

(a) For mechanical or lagged demand meters, registration error shall be determined by testing the meter at both 40 percent and 80 percent of its full-scale value, as read on the reference or standard meter, or as near to these two points as practicable. The following two formulas shall be used to estimate the kilowatt error of the meter at 25 percent of full scale and at 100 percent of full scale:

E25 = [E80 – E40]/[R80 – R40]*[R25 – R40] + E40

E100 = [E80 – E40]/[R80 – R40]*[R100 – R40] + E40

where:

R25 and R100 denote the kilowatt readings on the reference meter at 25 percent and 100 percent of the full scale value of the meter being tested, respectively;

R40 and R80 denote the kilowatt readings on the reference meter at 40 percent and 80 percent of the full scale value of the meter being tested, respectively;

E40 is the difference in kilowatts between the reference reading (R40) and the reading on the meter being tested;

E80 is the difference in kilowatts between the reference reading (R80) and the reading on the meter being tested;

E25 is the estimated kilowatt error corresponding to R25; and

E100 is the estimated kilowatt error corresponding to R100.

The greater of these two estimated kilowatt errors, E25 or E100, shall be expressed as a percentage of the full-scale value of the meter being tested to determine if the meter meets the accuracy requirement of paragraph 25-6.052(3)(a), F.A.C.

(b) For electronic demand meters, demand registration need not be separately tested provided the meter has been inspected to contain the correct demand algorithm whenever watthour registration is tested.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3) FS. History–New 7-29-69, Formerly 25-6.58, Amended 5-19-97, 7-3-06, 10-27-14.

Fla. Admin. Code R. 25-6.059 Meter Test by Request

(1) Upon request of a customer, the utility shall, without charge, make a test of the accuracy of the meter in use at his premises provided that the meter has not been tested by the utility or the Commission within twelve (12) months previous to such request. This may be a shop test.

(2) Should any customer request a meter test more frequently than provided for in subsection (1) of this rule, the utility may require a deposit to defray costs of testing, such deposit not to exceed one hundred dollars ($100.00) for each test. If the meter is found to be running fast in excess of the allowable limit the deposit shall be refunded, but if the meter is below the allowable limit, the deposit may be retained by the utility as a service charge for conducting the test.

(3) If the customer so desires, he or his authorized representative shall have the privilege of witnessing the test. A written report giving the results of the test shall be furnished to the customer upon request.

(4) At the request of the customer, the utility shall make arrangements for a meter test to be conducted by an independent meter testing facility of the customer’s choosing. The customer shall be responsible for negotiating and paying to the independent meter testing facility any fee charged for such a test. Such independent meter testing facilities shall, at a minimum, conform to the requirements of the American National Standard for Electric Metering, Code for Electricity Metering (ANSI C12.1 2001), which is incorporated herein by reference. Where appropriate, the meter may be field tested. The customer shall be responsible for all the costs incurred by the utility related to a meter test by an independent testing facility. The utility shall provide a detailed estimate of costs the utility expects to incur related to the meter test and may require payment of such costs prior to the actual meter test. The customer shall provide to the utility a detailed estimate of charges from the independent testing facility for the meter test prior to the actual test. If the meter is found to be running fast in excess of the limits established by these rules, any payment collected by the utility related to the meter test shall be refunded, but if the meter is found to be within the limits established by these rules, the utility may retain any payments collected by the utility related to the meter test.

(5) The utility may, at its discretion, conduct its own test of the meter in conformance with the testing standards established by these rules. In the event that separate tests of the same meter conflict as to whether the meter meets the accuracy standards established by these rules, at the request of the utility or the customer, the Commission will resolve the matter.

(6) For equipment tested under this rule, any previous accuracy test result on record at the time the meter test is requested must be retained in accordance with Rule 25-6.022, F.A.C.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3), (4), (5) FS. History–New 7-29-69, Amended 10-11-83, Formerly 25-6.59, Amended 7-3-06.

Fla. Admin. Code R. 25-6.060 Meter Test – Refereed Dispute

(1) In the event of a dispute, upon request to the Commission by any customer, a test of the customer’s meter shall be made by the utility as soon as practicable. Said test shall be supervised and witnessed by a representative of the Commission.

(2) A meter shall in no way be disturbed after the utility has received notice that application has been made for such referee test unless a representative of the Commission is present or unless authority to do so is first given in writing by the Commission or by the customer.

(3) A report of the results of the test will be made by the Commission to the customer.

(4) For equipment tested under this rule, any previous accuracy test result on record at the time the meter test is requested must be retained in accordance with Rule 25-6.022, F.A.C.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(3), 366.08 FS. History–New 7-29-69, Formerly 25-6.60, Amended 7-3-06, 12-16-12.

Fla. Admin. Code R. 25-6.061 Relocation of Poles

(1) When a utility is required by governmental or other valid authority to move poles, as, for example, the widening of streets or from public to privately-owned right-of-way, the utility is not required to furnish a new service entrance. It shall, however, run a service drop to the nearest point that meets local or national code requirements on each building served from the new pole location and remove the old service drop without expense to the customer.

(2) If the utility relocates its poles of its own volition, the utility shall supply and connect a new service entrance and remove the old without cost to the customer; or the utility may attach its system to the existing service entrance without expense to the customer, provided that local or national code requirements are met.

(3) If a utility is required by governmental or other valid authority to install underground distribution, and abandon overhead distribution, the utility shall not be required to bear any of the cost of making the necessary changes on the customer’s premises, except for the removal of the overhead service drop.

(4) If the utility elects to change an existing customer’s service drop from overhead to underground, the utility shall bear all of the costs associated with the necessary changes.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 7-29-69, Formerly 25-6.61.

Fla. Admin. Code R. 25-6.062 Inspection of Wires and Equipment

Where inspection is required by law to insure that the wiring and equipment of the customer is installed and maintained in accordance with National Electric Code, local and utility requirements, the utility shall not make service connection until approval is granted by the authorized inspecting authority.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.62.

Fla. Admin. Code R. 25-6.063 Temporary Service

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.63, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.064 Contribution-in-Aid-of-Construction for Installation of New or Upgraded Facilities

(1) Application and scope. The purpose of this rule is to establish a uniform procedure by which investor-owned electric utilities calculate amounts due as contributions-in-aid-of-construction (CIAC) from customers who request new facilities or upgraded facilities in order to receive electric service, except as provided in Rule 25-6.078, F.A.C.

(2) Contributions-in-aid-of-construction for new or upgraded overhead facilities (CIACOH) shall be calculated as follows:

CIACOH

=

Total estimated work order job cost of installing the facilities

Four years expected incremental base energy revenue

Four years expected incremental base demand revenue, if applicable

(a) The cost of the service drop and meter shall be excluded from the total estimated work order job cost for new overhead facilities.

(b) The net book value and cost of removal, net of the salvage value, for existing facilities shall be included in the total estimated work order job cost for upgrades to those existing facilities.

(c) The expected annual base energy and demand charge revenues shall be estimated for a period ending not more than 5 years after the new or upgraded facilities are placed in service.

(d) In no instance shall the CIACOH be less than zero.

(3) Contributions-in-aid-of-construction for new or upgraded underground facilities (CIACUG) shall be calculated as follows:

CIACUG

=

CIACOH

Estimated difference between cost of providing the service underground and overhead

(4) Each utility shall apply the formula in subsections (2) and (3) of this rule uniformly to residential, commercial and industrial customers requesting new or upgraded facilities at any voltage level.

(5) The costs applied to the formula in subsections (2) and (3) shall be based on the requirements of Rule 25-6.030, F.A.C., Storm Protection Plan; Rule 25-6.034, F.A.C., Standard of Construction; Rule 25-6.0341, F.A.C., Location of the Utility’s Electric Distribution Facilities; and Rule 25-6.0345, F.A.C., Safety Standards for Construction of New Transmission and Distribution Facilities.

(6) All CIAC calculations under this rule shall be based on estimated work order job costs. In addition, each utility shall use its best judgment in estimating the total amount of annual revenues which the new or upgraded facilities are expected to produce.

(a) A customer may request a review of any CIAC charge within 12 months following the in-service date of the new or upgraded facilities. Upon request, the utility shall true-up the CIAC to reflect the actual costs of construction and actual base revenues received at the time the request is made.

(b) In cases where more customers than the initial applicant are expected to be served by the new or upgraded facilities, the utility shall prorate the total CIAC over the number of end-use customers expected to be served by the new or upgraded facilities within a period not to exceed 3 years, commencing with the in-service date of the new or upgraded facilities. The utility may require a payment equal to the full amount of the CIAC from the initial customer. For the 3-year period following the in-service date, the utility shall collect from those customers a prorated share of the original CIAC amount, and credit that to the initial customer who paid the CIAC. The utility shall file a tariff outlining its policy for the proration of CIAC.

(7) The utility may elect to waive all or any portion of the CIAC for customers, even when a CIAC is found to be applicable. If however, the utility waives a CIAC, the utility shall reduce net plant in service as though the CIAC had been collected, unless the Commission determines that there is a quantifiable benefit to the general body of ratepayers commensurate with the waived CIAC. Each utility shall maintain records of amounts waived and any subsequent changes that served to offset the CIAC.

(8) A detailed statement of its standard facilities extension and upgrade policies shall be filed by each utility as part of its tariffs. The tariffs shall have uniform application and shall be nondiscriminatory.

(9) If a utility and applicant are unable to agree on the CIAC amount, either party may appeal to the Commission for a review.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.03, 366.05(1), 366.06(1) FS. History–New 7-29-69, Amended 7-2-85, Formerly 25-6.64, Amended 2-1-07, 12-10-20.

Fla. Admin. Code R. 25-6.065 Interconnection and Net Metering of Customer-Owned Renewable Generation

(1) Application and Scope. The purpose of this rule is to promote the development of small customer-owned renewable generation, particularly solar and wind energy systems; diversify the types of fuel used to generate electricity in Florida; lessen Florida’s dependence on fossil fuels for the production of electricity; minimize the volatility of fuel costs; encourage investment in the state; improve environmental conditions; and, at the same time, minimize costs of power supply to investor-owned utilities and their customers. This rule applies to all investor-owned utilities, except as otherwise stated in subsection (10).

(2) Definitions. As used in this rule, the term.

(a) “Customer-owned renewable generation” means an electric generating system located on a customer’s premises that is primarily intended to offset part or all of the customer’s electricity requirements with renewable energy. The term “customer-owned renewable generation” does not preclude the customer of record from contracting for the purchase, lease, operation, or maintenance of an on-site renewable generation system with a third-party under terms and conditions that do not include the retail purchase of electricity from the third party.

(b) “Gross power rating” means the total manufacturer’s AC nameplate generating capacity of an on-site customer-owned renewable generation system that will be interconnected to and operate in parallel with the investor-owned utility’s distribution facilities. For inverter-based systems, the AC nameplate generating capacity shall be calculated by multiplying the total installed DC nameplate generating capacity by .85 in order to account for losses during the conversion from DC to AC.

(c) “Net metering” means a metering and billing methodology whereby customer-owned renewable generation is allowed to offset the customer's electricity consumption onsite.

(d) “Renewable energy,” as defined in Section 377.803, F.S., means electrical, mechanical, or thermal energy produced from a method that uses one or more of the following fuels or energy sources: hydrogen, biomass, solar energy, geothermal energy, wind energy, ocean energy, waste heat, or hydroelectric power.

(3) Standard Interconnection Agreements. Each investor-owned utility shall, within 30 days of the effective date of this rule, file for Commission approval a Standard Interconnection Agreement for expedited interconnection of customer-owned renewable generation, up to 2 MW, that complies with the following standards:

(a) IEEE 1547 (2003) Standard for Interconnecting Distributed Resources with Electric Power Systems;

(b) IEEE 1547.1 (2005) Standard Conformance Test Procedures for Equipment Interconnecting Distributed Resources with Electric Power Systems; and

(c) UL 1741 (2005) Inverters, Converters, Controllers and Interconnection System Equipment for Use With Distributed Energy Resources.

(d) A copy of IEEE 1547 (2003), ISBN number 0-7381-3720-0, and IEEE 1547.1 (2005), ISBN number 0-7381-4737-0, may be obtained from the Institute of Electric and Electronic Engineers, Inc. (IEEE), 3 Park Avenue, New York, NY, 10016-5997. A copy of UL 1741 (2005) may be obtained from COMM 2000, 1414 Brook Drive, Downers Grove, IL 60515.

(4) Customer Qualifications and Fees.

(a) To qualify for expedited interconnection under this rule, customer-owned renewable generation must have a gross power rating that:

1. Does not exceed 90% of the customer’s utility distribution service rating; and

2. Falls within one of the following ranges:

Tier 1 ‒ 10 kW or less;

Tier 2 – greater than 10 kW and less than or equal to 100 kW; or

Tier 3 – greater than 100 kW and less than or equal to 2 MW.

(b) Customer-owned renewable generation shall be considered certified for interconnected operation if it has been submitted by a manufacturer to a nationally recognized testing and certification laboratory, and has been tested and listed by the laboratory for continuous interactive operation with an electric distribution system in compliance with the applicable codes and standards listed in subsection (3).

(c) Customer-owned renewable generation shall include a utility-interactive inverter, or other device certified pursuant to paragraph (4)(b) that performs the function of automatically isolating the customer-owned generation equipment from the electric grid in the event the electric grid loses power.

(d) For Tiers 1 and 2, provided the customer-owned renewable generation equipment complies with paragraphs (4)(a) and (b), the investor-owned utility shall not require further design review, testing, or additional equipment other than that provided for in subsection (6). For Tier 3, if an interconnection study is necessary, further design review, testing and additional equipment as identified in the study may be required.

(e) Tier 1 customers who request interconnection of customer-owned renewable generation shall not be charged fees in addition to those charged to other retail customers without self-generation, including application fees.

(f) Along with the Standard Interconnection Agreement filed pursuant to subsection (3), each investor-owned utility may propose for Commission approval a standard application fee for Tiers 2 and 3, including itemized cost support for each cost contained within the fee.

(g) Each investor-owned utility may also propose for Commission approval an Interconnection Study Charge for Tier 3.

(h) Each investor-owned utility shall show that their fees and charges are cost-based and reasonable. No fees or charges shall be assessed for interconnecting customer-owned renewable generation without prior Commission approval.

(5) Contents of Standard Interconnection Agreement. Each investor-owned utility’s customer-owned renewable generation Standard Interconnection Agreement shall, at a minimum, contain the following:

(a) A requirement that customer-owned renewable generation must be inspected and approved by local code officials prior to its operation in parallel with the investor-owned utility to ensure compliance with applicable local codes.

(b) Provisions that permit the investor-owned utility to inspect customer-owned renewable generation and its component equipment, and the documents necessary to ensure compliance with subsections (2) through (4). The customer shall notify the investor-owned utility at least 10 days prior to initially placing customer equipment and protective apparatus in service, and the investor-owned utility shall have the right to have personnel present on the in-service date. If the customer-owned renewable generation system is subsequently modified in order to increase its gross power rating, the customer must notify the investor-owned utility by submitting a new application specifying the modifications at least 30 days prior to making the modifications.

(c) A provision that the customer is responsible for protecting the renewable generating equipment, inverters, protective devices, and other system components from damage from the normal and abnormal conditions and operations that occur on the investor-owned utility system in delivering and restoring power; and is responsible for ensuring that customer-owned renewable generation equipment is inspected, maintained, and tested in accordance with the manufacturer’s instructions to ensure that it is operating correctly and safely.

(d) A provision that the customer shall hold harmless and indemnify the investor-owned utility for all loss to third parties resulting from the operation of the customer-owned renewable generation, except when the loss occurs due to the negligent actions of the investor-owned utility. A provision that the investor-owned utility shall hold harmless and indemnify the customer for all loss to third parties resulting from the operation of the investor-owned utility’s system, except when the loss occurs due to the negligent actions of the customer.

(e) A requirement for general liability insurance for personal and property damage, or sufficient guarantee and proof of self-insurance, in the amount of no more than $1 million for Tier 2, and no more than $2 million for Tier 3. The investor-owned utility shall not require liability insurance for Tier 1. The investor-owned utility may include in the Interconnection Agreement a recommendation that Tier 1 customers carry an appropriate level of liability insurance.

(f) Identification of any fees or charges approved pursuant to subsection (4).

(6) Manual Disconnect Switch.

(a) Each investor-owned utility’s customer-owned renewable generation Standard Interconnection Agreement may require customers to install, at the customer’s expense, a manual disconnect switch of the visible load break type to provide a separation point between the AC power output of the customer-owned renewable generation and any customer wiring connected to the investor-owned utility’s system. Inverter-based Tier 1 customer-owned renewable generation systems shall be exempt from this requirement, unless the manual disconnect switch is installed at the investor-owned utility’s expense. The manual disconnect switch shall be mounted separate from, but adjacent to, the meter socket and shall be readily accessible to the investor-owned utility and capable of being locked in the open position with a single investor-owned utility padlock.

(b) The investor-owned utility may open the switch pursuant to the conditions set forth in paragraph (6)(c), isolating the customer-owned renewable generation, without prior notice to the customer. To the extent practicable, however, prior notice shall be given. If prior notice is not given, the utility shall at the time of disconnection leave a door hanger notifying the customer that their customer-owned renewable generation has been disconnected, including an explanation of the condition necessitating such action. The investor-owned utility shall reconnect the customer-owned renewable generation as soon as the condition necessitating disconnection is remedied.

(c) Any of the following conditions shall be cause for the investor-owned utility to disconnect customer-owned renewable generation from its system:

1. Emergencies or maintenance requirements on the investor-owned utility’s electric system;

2. Hazardous conditions existing on the investor-owned utility system due to the operation of the customer’s generating or protective equipment as determined by the investor-owned utility;

3. Adverse electrical effects, such as power quality problems, on the electrical equipment of the investor-owned utility’s other electric consumers caused by the customer-owned renewable generation as determined by the investor-owned utility;

4. Failure of the customer to maintain the required insurance coverage.

(7) Administrative Requirements.

(a) Each investor-owned utility shall maintain on its website a downloadable application for interconnection of customer-owned renewable generation, detailing the information necessary to execute the Standard Interconnection Agreement. Upon request the investor-owned utility shall provide a hard copy of the application within 5 business days.

(b) Within 10 business days of receipt of the customer’s application, the investor-owned utility shall provide written notice that it has received all documents required by the Standard Interconnection Agreement or indicate how the application is deficient. Within 10 business days of receipt of a completed application, the utility shall provide written notice verifying receipt of the completed application. The written notice shall also include dates for any physical inspection of the customer-owned renewable generation necessary for the investor-owned utility to confirm compliance with subsections (2) through (6), and confirmation of whether a Tier 3 interconnection study will be necessary.

(c) The Standard Interconnection Agreement shall be executed by the investor-owned utility within 30 calendar days of receipt of a completed application. If the investor-owned utility determines that an interconnection study is necessary for a Tier 3 customer, the investor-owned utility shall execute the Standard Interconnection Agreement within 90 days of a completed application.

(d) The customer must execute the Standard Interconnection Agreement and return it to the investor-owned utility at least 30 calendar days prior to beginning parallel operations and within one year after the utility executes the Agreement. All physical inspections must be completed by the utility within 30 calendar days of receipt of the customer’s executed Standard Interconnection Agreement. If the inspection is delayed at the customer’s request, the customer shall contact the utility to reschedule an inspection. The investor-owned utility shall reschedule the inspection within 10 business days of the customer’s request.

(8) Net Metering.

(a) Each investor-owned utility shall enable each customer-owned renewable generation facility interconnected to the investor-owned utility’s electrical grid pursuant to this rule to net meter.

(b) Each investor-owned utility shall install, at no additional cost to the customer, metering equipment at the point of delivery capable of measuring the difference between the electricity supplied to the customer from the investor-owned utility and the electricity generated by the customer and delivered to the investor-owned utility’s electric grid.

(c) Meter readings shall be taken monthly on the same cycle as required under the otherwise applicable rate schedule.

(d) The investor-owned utility shall charge for electricity used by the customer in excess of the generation supplied by customer-owned renewable generation in accordance with normal billing practices.

(e) During any billing cycle, excess customer-owned renewable generation delivered to the investor-owned utility’s electric grid shall be credited to the customer’s energy consumption for the next month’s billing cycle.

(f) Energy credits produced pursuant to paragraph (8)(e) shall accumulate and be used to offset the customer’s energy usage in subsequent months for a period of not more than twelve months. At the end of each calendar year, the investor-owned utility shall pay the customer for any unused energy credits at an average annual rate based on the investor-owned utility’s COG-1, as-available energy tariff.

(g) When a customer leaves the system, that customer’s unused credits for excess kWh generated shall be paid to the customer at an average annual rate based on the investor-owned utility’s COG-1, as-available energy tariff.

(h) Regardless of whether excess energy is delivered to the investor-owned utility’s electric grid, the customer shall continue to pay the applicable customer charge and applicable demand charge for the maximum measured demand during the billing period. The investor-owned utility shall charge for electricity used by the customer in excess of the generation supplied by customer-owned renewable generation at the investor-owned utility’s otherwise applicable rate schedule. The customer may at their sole discretion choose to take service under the investor-owned utility’s standby or supplemental service rate, if available.

(9) Renewable Energy Certificates. Customers shall retain any Renewable Energy Certificates associated with the electricity produced by their customer-owned renewable generation equipment. Any additional meters necessary for measuring the total renewable electricity generated for the purposes of receiving Renewable Energy Certificates shall be installed at the customer’s expense, unless otherwise determined during negotiations for the sale of the customer’s Renewable Energy Certificates to the investor-owned utility.

(10) Reporting Requirements. Each electric utility, as defined in Section 366.02(4), F.S., shall file with the Commission as part of its tariff a copy of its Standard Interconnection Agreement form for customer-owned renewable generation. In addition, each electric utility shall report the following, by April 1 of each year.

(a) Total number of customer-owned renewable generation interconnections as of the end of the previous calendar year;

(b) Total kW capacity of customer-owned renewable generation interconnected as of the end of the previous calendar year;

(c) Total kWh received by interconnected customers from the electric utility, by month and by year for the previous calendar year;

(d) Total kWh of customer-owned renewable generation delivered to the electric utility, by month and by year for the previous calendar year; and

(e) Total energy payments made to interconnected customers for customer-owned renewable generation delivered to the electric utility for the previous calendar year, along with the total payments made since the implementation of this rule.

(f) For each individual customer-owned renewable generation interconnection:

1. Renewable technology utilized;

2. Gross power rating;

3. Geographic location by county; and

4. Date interconnected.

(11) Dispute Resolution. Parties may seek resolution of disputes arising out of the interpretation of this rule pursuant to Rule 25-22.032, F.A.C., Customer Complaints, or Rule 25-22.036, F.A.C., Initiation of Formal Proceedings.

PART V RULES FOR RESIDENTIAL ELECTRIC UNDERGROUND EXTENSIONS

History

• Rulemaking Authority 350.127(2), 366.05(1), 366.91(5), 366.92(5) FS. Law Implemented 366.02(4), 366.04(2)(c), (5), (6), 366.041, 366.05(1), 366.81, 366.82(1), (2), 366.91, 366.92 FS. History–New 2-11-02, Amended 4-7-08.

Fla. Admin. Code R. 25-6.074 Applicability

Extensions of electric distribution lines necessary to furnish permanent electric service to all structures within a new residential subdivision, or to new multiple-occupancy buildings, shall be made underground when requested by an applicant or required by governmental authority.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03 FS. History–New 4-10-71, Formerly 25-6.74, Amended 10-26-20.

Fla. Admin. Code R. 25-6.075 Definitions

The following words and terms, when used in these rules, shall have the meaning indicated:

(1) “Applicant.” Any person, partnership, association, corporation, or governmental agency controlling or responsible for the development of a new subdivision and applying for the construction of an underground electric distribution system in such subdivision.

(2) “Building.” Any structure, within a subdivision, designed for residential occupancy and containing less than five (5) individual dwelling units.

(3) “Feeder mains.” A three-phase primary installation which serves as a source for primary laterals or loops.

(4) “Distribution system.” Electric service facilities consisting of primary and secondary conductors, transformers, and necessary accessories and appurtenances for the furnishing of electric power at utilization voltage.

(5) “Multiple-occupancy building.” A structure erected and framed of component structural parts and designed to contain five (5) or more individual dwelling units.

(6) “Subdivision.” The tract of land which is divided into five (5) or more building lots or upon which five (5) or more separate dwelling units are to be located, or the land on which is to be constructed new multiple-occupancy buildings.

(7) “Designated underground area.” That geographical area in which by mutual agreement between the utility and the applicant existing distribution facilities have been installed underground and/or in which proposed distribution facilities shall be installed pursuant to the requirements and exceptions contained in subsection 25-6.077(2), F.A.C.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.03, 366.04(1), (2)(f), (4), (6), 366.041(1), (4), 366.05(1), 366.06(1) FS. History–New 4-10-71, Amended 4-13-80, Formerly 25-6.75.

Fla. Admin. Code R. 25-6.076 Rights of Way and Easements

(1) Within the applicant’s subdivision the utility shall construct, own, operate and maintain distribution lines only along easements, public streets, roads, and highways which the utility has the legal right to occupy, and on public lands and private property across which rights of way and easements satisfactory to the utility may be obtained without cost or condemnation by the utility.

(2) Rights of way and easements suitable to the utility must be furnished by the applicant in reasonable time to meet service requirements and must be cleared of trees, tree stumps, paving and other obstruction, staked to show property lines and final grade, and must be graded to within six (6) inches of final grade by the applicant before the utility will commence construction, all at no charge to the utility. Such clearing and grading must be maintained by the applicant during construction by the utility.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.03, 366.041(1), 366.05(1), 366.06(1) FS. History–New 4-10-71, Formerly 25-6.76.

Fla. Admin. Code R. 25-6.077 Installation of Underground Distribution Systems Within New Subdivisions

(1) When required. After acceptance by the utility of a proper application, the utility shall define the geographical area described and entailed by said application a “Designated Underground Area.” The utility shall design and install a suitable underground electric distribution system with sufficient capacity and suitable materials which, in its judgment, will assure that the applicant will receive reasonably safe and adequate electric service for the reasonably foreseeable future.

(2) Facilities required to be underground.

(a) All service, secondary, and primary distribution conductors with the possible exception of feeder mains shall be underground. Appurtenances such as transformers, pedestal mounted terminals, switching equipment, and meter cabinets may be placed above ground at the discretion of the utility.

(b) At the option of the applicant and subject to requirements of governmental authorities and Rule 25-6.078, F.A.C., new feeder mains or portions thereof required to supply service within the subdivision, supply location distribution, or to serve spot loads may be either overhead or underground.

(3) Service connection. The service connection to the building will normally be at or near the part of the building nearest the point at which the underground secondary electric supply is available to the property to be served. If the service connection point selected on any building requires the installation of a service lateral in excess of 75 feet, then the applicant may be required to pay for the service lateral and installation in excess of 75 feet in accordance with the utility’s tariff rules and regulations on file with the Commission; except as provided under subsection 25-6.078(6), F.A.C., herein.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.04(6), 366.041(1), (4), 366.05(1), 366.06(1) FS. History–New 4-10-71, Amended 4-13-80, Formerly 25-6.77, Amended 10-29-97.

Fla. Admin. Code R. 25-6.078 Schedule of Charges

(1) Each utility shall file with the Commission a written policy that shall become a part of the utility’s tariff rules and regulations on the installation of underground facilities in new subdivisions. Such policy shall be subject to review and approval of the Commission and shall include an Estimated Average Cost Differential, if any, and shall state the basis upon which the utility will provide underground service and its method for recovering the difference in cost of an underground system and an equivalent overhead system from the applicant at the time service is extended. The charges to the applicant shall not be more than the estimated difference in cost of an underground system and an equivalent overhead system.

(2) For the purpose of calculating the Estimated Average Cost Differential, cost estimates shall reflect the requirements of Rule 25-6.030, F.A.C., Storm Protection Plan; Rule 25-6.034, F.A.C., Standard of Construction; Rule 25-6.0341, F.A.C., Location of the Utility’s Electric Distribution Facilities; and Rule 25-6.0345, F.A.C., Safety Standards for Construction of New Transmission and Distribution Facilities.

(3) On or before October 15 of each year, each utility shall file with the Commission Clerk, using current material and labor costs, Form PSC 1031 (08/20), entitled “Overhead/Underground Residential Differential Cost Data,” which is incorporated by reference into this rule and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12425. If the cost differential as calculated in Form PSC 1031 (08/20) varies from the Commission-approved differential by plus or minus 10 percent or more, the utility shall file a written policy and supporting data and analyses as prescribed in subsections (1), (4) and (5) of this rule on or before April 1 of the following year; however, each utility shall file a written policy and supporting data and analyses at least once every 3 years.

(4) Differences in Net Present Value of operational costs, including average historical storm restoration costs over the life of the facilities, between underground and overhead systems, if any, shall be taken into consideration in determining the overall Estimated Average Cost Differential. Each utility shall establish sufficient record keeping and accounting measures to separately identify operational costs for underground and overhead facilities, including storm related costs.

(5) Detailed supporting data and analyses used to determine the Estimated Average Cost Differential for underground and overhead distribution systems shall be concurrently filed by the utility with the Commission and shall be updated using cost data developed from the most recent 12-month period. The utility shall record these data and analyses on Form PSC 1031 (08/20), which is incorporated by reference into subsection (3) of this rule.

(6) Service for a new multiple-occupancy building shall be constructed underground within the property to be served to the point of delivery at or near the building by the utility at no charge to the applicant, provided the utility is free to construct its service extension or extensions in the most economical manner.

(7) The recovery of the cost differential as filed by the utility and approved by the Commission may not be waived or refunded unless it is mutually agreed by the applicant and the utility that the applicant will perform certain work as defined in the utility’s tariff, in which case the applicant shall receive a credit. Provision for the credit shall be set forth in the utility’s tariff rules and regulations, and shall be no more in amount than the total charges applicable.

(8) The difference in cost as determined by the utility in accordance with its tariff shall be based on full use of the subdivision for building lots or multiple-occupancy buildings. If any given subdivision is designed to include large open areas, the utility or the applicant may refer the matter to the Commission for a special ruling as provided under Rule 25-6.083, F.A.C.

(9) The utility shall not be obligated to install any facilities within a subdivision until satisfactory arrangements for the construction of facilities and payment of applicable charges, if any, have been completed between the applicant and the utility by written agreement. A standard agreement form shall be filed with the company’s tariff.

(10) Nothing in this rule shall be construed to prevent any utility from waiving all or any portion of a cost differential for providing underground facilities. If, however, the utility waives the differential, the utility shall reduce net plant in service as though the differential had been collected unless the Commission determines that there is a quantifiable benefit to the general body of ratepayers commensurate with the waived differential.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.04(1), (4), 366.04(2)(f), 366.06(1) FS. History–New 4-10-71, Amended 4-13-80, 2-12-84, Formerly 25-6.78, Amended 10-29-97, 2-1-07, 12-10-20.

Fla. Admin. Code R. 25-6.079 Connection to Supply System

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03 FS. History–New 4-10-71, Formerly 25-6.79, Repealed 4-13-80.

Fla. Admin. Code R. 25-6.080 Advances by Applicant

(1) Where, due to the manner in which a subdivision is developed, the utility is required to construct an underground electric distribution system through a section or sections of the subdivision where service will not be connected for at least two (2) years, then, in accordance with approved tariffs relating to extension of facilities the utility may require a reasonable deposit from the applicant before construction is commenced, in order to guarantee performance.

(2) Where the subdivision is developed in a uniform manner, so that the utility may restrict the construction of its underground electric distribution system to the areas in which buildings are being constructed, then the utility may not require a deposit greater in amount than the charges calculated in accordance with the tariffs approved by the Commission.

(3) If the amount of the deposit is in excess of the charges permitted under the utility’s approved tariff, then the excess deposit, without interest, shall be returned to the applicant on a pro-rata basis at quarterly intervals on the basis of installations of service to new customers.

(4) Any portion of a deposit remaining unrefunded five (5) years from the date the utility is first ready to render service from the extension will be retained by the utility as liquidated damages and credited to an appropriate account.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.041(1), 366.06(1) FS. History–New 4-10-71, Formerly 25-6.80.

Fla. Admin. Code R. 25-6.081 Construction Practices

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03 FS. History–New 4-10-71, Formerly 25-6.81, Repealed 10-26-20.

Fla. Admin. Code R. 25-6.082 Records and Reports

History

• Rulemaking Authority 366.04(2)(f), 366.05(1) FS. Law Implemented 350.115, 366.03, 366.04(2)(a), (f) FS. History–New 4-10-71, Formerly 25-6-82, Amended 10-29-97, Repealed 10-26-20.

Fla. Admin. Code R. 25-6.083 Special Conditions

PART VI CUSTOMER RELATIONS

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03 FS. History–New 4-10-79, Formerly 25-6.83, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.093 Information to Customers

(1) Upon the customer’s request, the utility shall provide to the customer information as to the method of reading meters and the derivation of billing therefrom, the billing cycle and approximate date of monthly meter reading.

(2) Upon request of the customer, the utility shall provide to the customer a copy and explanation of the utility’s rates and provisions applicable to the type or types of service furnished or to be furnished such customer.

(3)(a) By paper or electronic bill insert, billing statement, website, electronic notification, or other means agreed to by both the customer and the utility, the utility shall give to each of its customers a summary of all available electrical rates that are available to the class of which that customer is a member.

(b) The utility shall provide the information contained in paragraph (a) to all its customers:

1. Not later than 60 days after the commencement of service;

2. Not less frequently than once each year; and,

3. Not later than 60 days after the utility has received approval of its new rate schedule applicable to such customer.

(c) In this subsection, “rate schedule” shall mean customer charge, energy charge, and demand charge, as set forth in Rule 25-6.100, F.A.C.

(d) By bill insert, or as a message on the customer bill, on a quarterly basis using the utility’s normal billing cycle, each utility shall provide its customers the sources of generation for the most recent 12-month period available prior to the billing cycle. The sources of generation shall be stated by fuel type for utility generation and as “purchased power” for off-system purchases. The sources of generation are to be set forth as kilowatt-hour percentages of the total utility generation and purchased power.

(4) Upon request of the customer, but not more frequently than once each calendar year, the utility shall provide to the customer a concise statement of the actual consumption of electric energy by that customer for each billing period during the previous 12 months.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.04(2)(f), (6), 366.041(1), 366.05(1), (3), 366.06(1) FS. History–New 7-29-69, Amended 11-26-80, 6-28-82, 10-15-84, Formerly 25-6.93, Amended 4-18-99, 2-1-16.

Fla. Admin. Code R. 25-6.094 Complaints and Service Requests

(1) The utility shall make a full and prompt investigation of all customer complaints and other service requests. The word “complaints” as used in this rule shall be construed to mean substantial objection made to a utility by a customer as to its charges, facilities, or service, the disposal of which complaint requires investigation or analysis. Each utility shall provide a means of receiving and promptly responding to emergency calls on a 24-hour per day basis.

(2) Reports of electrical conditions wherein property damage or personal injury is reasonably foreseeable are to be considered as emergencies requiring immediate attention commensurate with ability to provide performance in situations resulting from acts of God.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 7-29-69, Amended 12-15-85, Formerly 25-6.94.

Fla. Admin. Code R. 25-6.095 Initiation of Service

(1) Anyone desiring service may be required to make application in writing in accordance with practices prescribed by the utility. Such application shall be considered as notice to utility that the applicant desires service and an expression of his willingness to conform to such reasonable rules and regulations regarding service as are in effect.

(2) Upon compliance by the applicant with the provisions governing utility service, the utility shall undertake to initiate service without unreasonable delay. To be effective, the policy adopted by each utility for the initiation of service shall have uniform application and shall be set forth in its filed tariff.

(3) When service is initiated, the utility may charge a reasonable fee to defray the cost of establishing service provided such charge is specified in its filed tariff.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.041(1), 366.05(1), 366.06(1) FS. History–New 7-29-69, Formerly 25-6.95.

Fla. Admin. Code R. 25-6.096 Termination of Service by Customer

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.96, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.097 Customer Deposits

(1) Each utility’s tariff shall state the methodology for determining the amount of the deposit charged for existing accounts and new service requests. The methodology shall conform to Section 366.05(1)(c), F.S.

(2) Each utility may require an applicant for service to satisfactorily establish credit, but such establishment of credit shall not relieve the customer from complying with the utility’s rules for payment of bills. Credit will be deemed so established if:

(a) The applicant for service furnishes a satisfactory guarantor to secure payment of bills for the service requested. For residential customers, a satisfactory guarantor shall, at a minimum, be a customer of the utility with a satisfactory payment record. For non-residential customers, a satisfactory guarantor need not be a customer of the utility. Each utility shall develop minimum financial criteria that a proposed guarantor must meet to qualify as a satisfactory guarantor. A copy of the criteria shall be made available to each new non-residential customer upon request by the customer. A guarantor’s liability shall be terminated when a residential customer whose payment of bills is secured by the guarantor meets the requirements of subsection (3) of this rule. Guarantors providing security for payment of residential customers’ bills shall only be liable for bills contracted at the service address contained in the contract of guaranty.

(b) The applicant pays a cash deposit.

(c) The applicant for service furnishes an irrevocable letter of credit from a bank or a surety bond.

(3) Refund of deposits. After a customer has established a satisfactory payment record and has had continuous service for a period of 23 months, the utility shall refund the residential customer’s deposits and shall, at the utility’s option, either refund or pay the higher rate of interest specified below for nonresidential deposits, providing the customer has not, in the preceding 12 months:

(a) Made more than one late payment of a bill (after the expiration of 20 days from the date of mailing or delivery by the utility).

(b) Paid with a check refused by a bank.

(c) Been disconnected for nonpayment, or at any time.

(d) Tampered with the electric meter, or

(e) Used service in a fraudulent or unauthorized manner.

(4) Deposits for existing accounts. A utility may charge, upon written notice to the customer of not less than thirty (30) days, a deposit on an existing account in order to secure payment of bills. Such request for a deposit shall be separate and apart from any bill for service and shall explain the reason for the deposit. The deposit charged must conform to the requirements of Section 366.05(1)(c)1., F.S.

(5) Interest on deposits.

(a) Each electric utility which requires deposits to be made by its customers shall pay a minimum interest on such deposits of 2 percent per annum. The utility shall pay an interest rate of 3 percent per annum on deposits of nonresidential customers qualifying under subsection (3) when the utility elects not to refund such deposit after 23 months.

(b) The deposit interest shall be simple interest in all cases and settlement shall be made annually, either in cash or by credit on the current bill. This does not prohibit any utility paying a higher rate of interest than required by this rule. No customer depositor shall be entitled to receive interest on a deposit until and unless a customer relationship and the deposit have been in existence for a continuous period of six months, then the customer shall be entitled to receive interest from the day of the commencement of the customer relationship and the placement of deposit. Nothing in this rule shall prohibit a utility from refunding at any time a deposit with any accrued interest.

(6) Record of deposits. Each utility shall keep records to show:

(a) The name of each customer making the deposit;

(b) The premises for which the deposit applies;

(c) The date and amount of deposit; and,

(d) Each transaction concerning the deposits such as interest payments, interest credited or similar transactions.

(7) Receipt for deposit. The utility shall provide a receipt to the customer for any deposit received from the customer.

(8) Refund of deposit when service is discontinued. Upon termination of service, the deposit and accrued interest may be credited against the final account and the balance, if any, shall be returned promptly to the customer but in no event later than fifteen (15) days after service is discontinued.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.041(1), 366.05(1), 366.06(1) FS. History–New 7-29-69, Amended 5-9-76, 7-8-79, 6-10-80, 10-17-83, 1-31-84, Formerly 25-6.97, Amended 10-13-88, 4-25-94, 3-14-99, 7-26-12, 2-1-16.

Fla. Admin. Code R. 25-6.098 Interest on Deposits

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Formerly 25-6.23, Repealed 5-4-97.

Fla. Admin. Code R. 25-6.099 Meter Readings

Each service meter shall be clearly marked to indicate the units measured. Unless special circumstances warrant, meters shall be read at monthly intervals on the approximate corresponding day of each meter-reading period.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.99.

Fla. Admin. Code R. 25-6.100 Customer Billings

(1) Bills shall be rendered monthly and as promptly as possible following the reading of meters.

(2) Each customer’s bill shall show at least the following information:

(a) The meter reading and the date the meter is read, in addition to the meter reading for the previous period. If the meter reading is estimated, the word “estimated” shall be prominently displayed on the bill.

(b)1. Kilowatt-hours (KWH) consumed including on and off peak if customer is time-of-day metered.

2. Kilowatt (KW) demand, if applicable, including on and off peak if customer is time-of-day metered.

(c) The dollar amount of the bill, including separately:

1. Customer, Base or Basic Service charge.

2. Energy (KWH) charges, exclusive of fuel, in cents per KWH, and applicable cost recovery clause charges.

3. Demand (KW) charges, exclusive of fuel, in dollar cost per KW, if applicable, for any demand charges included in the utility’s rate structure and applicable cost recovery clause charges.

4. Fuel (KWH) charges in cents per KWH (no fuel costs shall be included in the Energy or Demand charges).

5. Total electric cost which, at a minimum, is the sum of charges 1 through 4 above but can include other line item charges (e.g., Florida Gross Receipts Tax, etc.).

6. Franchise fees, if applicable.

7. Taxes, as applicable on purchases of electricity by the customer.

8. Any discount or penalty, if applicable.

9. Past due balances shown separately.

10. The gross and net billing, if applicable.

11. The rate and amount of the “Asset Securitization Charge,” pursuant to Section 366.95(4)(b), F.S., if applicable.

(d) Identification of the applicable rate schedule.

(e) The date by which payment must be made in order to benefit from any discount or avoid any penalty, if applicable.

(f) The average daily KWH consumption for the current period and for the same period in the previous year, for the same customer at the same location.

(g) The delinquent date or the date after which the bill becomes past due.

(h) Any conversion factors which can be used by customers to convert from meter reading units to billing units. Where metering complexity makes this requirement impractical, a statement must be on the bill advising where and how such information may be obtained from the utility.

(i) Where budget billing is used, the current month’s actual consumption and charges should be shown separately from budgeted amounts.

(j) If applicable, the information required by Sections 366.8260(4), and 366.95(4), F.S.

(k) The name and address of the utility and the telephone number(s) and web address where customers can receive information about their bill as well as locations where the customers can pay their utility bill. Such information must identify those locations where no surcharge is incurred.

(3) When there is sufficient cause, estimated bills may be submitted provided that with the third consecutive estimated bill the company shall contact the customer explaining the reason for the estimated billing and who to contact in order to obtain an actual meter reading. An actual meter reading must be taken at least once every six months. If an estimated bill appears to be abnormal when a subsequent reading is obtained, the bill for the entire period shall be computed at a rate which contemplates the use of service during the entire period and the estimated bill shall be deducted. If there is reasonable evidence that such use occurred during only one billing period, the bill shall be computed.

(4) The advancement or postponement of the regular meter reading date is governed by Section 366.05(1)(b), F.S.

(5) Whenever the period of service for which an initial or opening bill is rendered is less than the normal billing period, the charges applicable to such service, including minimum charges, shall be prorated except that initial or opening bills need not be rendered but the energy used during such period may be carried over to and included in the next regular monthly billing.

(6) The practices employed by each utility regarding customer billing shall have uniform application to all customers on the same rate schedule.

(7) Franchise Fees.

(a) When a municipality charges a utility any franchise fee, the utility may collect that fee only from its customers receiving service within that municipality. When a county charges a utility any franchise fee, the utility may collect that fee only from its customers receiving service within that county.

(b) A utility may not incorporate any franchise fee into its other rates for service.

(c) For the purposes of this subsection, the term “utility” shall mean any electric utility, rural electric cooperative, or municipal electric utility.

(d) This subsection shall not be construed as granting a municipality or county the authority to charge a franchise fee. This subsection only specifies the method of collection of a franchise fee, if a municipality or county, having authority to do so, charges a franchise fee.

History

• Rulemaking Authority 366.04(2), 366.05(1) FS. Law Implemented 366.03, 366.04(2), 366.041(1), 366.05(1), 366.051, 366.06(1), 366.8260(4), 366.95(4) FS. History–New 2-25-76, Amended 4-13-80, 12-29-81, 6-28-82, 5-16-83, 2-4-13, 2-1-16.

Fla. Admin. Code R. 25-6.101 Delinquent Bills

Bills shall not be considered delinquent prior to the expiration of twenty (20) days from the date of mailing or delivery by the utility.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 2-25-76.

Fla. Admin. Code R. 25-6.102 Conjunctive Billing

(1) Conjunctive billing means totalizing metering, additive billing, plural meter billing, conjunctional metering, and all like or similar billing practices which seek to combine, for billing purposes, the separate consumptions and registered demands of two or more points of delivery serving a single customer.

(2) A single point of delivery of electric service to a user of such service is defined as the single geographical point where a single class of electric service, as defined in a published rate tariff, is delivered from the facilities of the utility to the facilities of the customer.

(3) Conjunctive billing shall not be permitted. Bills for two or more points of delivery to the same customer shall be calculated separately for each such point of delivery.

(4) A customer operating a single integrated business* under one name in two or more buildings and/or energy consuming locations may request a single point of delivery and such request shall be complied with by the utility providing that:

(a) Such buildings or locations are situated on a single unit of property; or

(b) Such buildings or locations are situated on two or more units of property which are immediately adjoining, adjacent, or contiguous; or

(c) Such buildings or locations are situated on two or more units of property which would be immediately adjoining, adjacent or contiguous except for intervening streets, alleys or highways.

In all cases arising in paragraph (a), (b) or (c), it shall be the customer’s responsibility to provide the electrical facilities necessary for distributing the energy beyond the single delivery point.

*The word “business” as used in this section shall be construed as including residences and educational, religious, governmental, commercial and industrial operations.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 7-29-69.

Fla. Admin. Code R. 25-6.103 Adjustment of Bills for Meter Error

(1) For mechanical or lagged demand meters, the error at the customer’s average billing demand over the refund period shall be used to determine the amount to refund or backbill the customer. This error shall be determined by testing the meter at both 40 percent and 80 percent of meter full scale value, as read on the standard or reference meter, or as near to these two points as is practicable. The following formula shall be used to estimate the kilowatt error of the meter at the customer’s average billing demand:

Eavg = [E80 – E40]/[M80 – M40]*[Mavg – M40] + E40

where:

Mavg denotes the customer’s average billing demand over the refund period;

M40 and M80 denote the kilowatt readings on the meter being tested when the reference meter is at 40 percent and 80 percent of the full-scale value of the meter being tested, respectively;

E40 and E80 denote the kilowatt errors on the meter being tested corresponding to M40 and M80, respectively; and

Eavg denotes the estimated kilowatt error at the customer’s average billing demand.

The kilowatt error is determined, Eavg, shall be expressed as a percentage, P, of the reference meter reading corresponding to the average billing demand. This percentage shall be used to determine the corrected billing demand for each month of the refund period. A correction factor, C.F., will be applied to the original billing demand for each month in the refund/backbill period to determine the corrected billing demand for each month as follows:

C.F. * Original Billing Demand = Corrected Billing Demand

where:

C.F. = [1/(1+P)]

and P is the percentage error of Eavg relative to the reference meter reading corresponding to the average billing demand over the refund/backbill period.

(2) For watthour and electronic demand meters, the percentage error to be used for refunds and backbills shall be the same percentage calculated when tested for watthour registration as set forth in subsection 25-6.058(1) and paragraph 25-6.058(2)(b), F.A.C., respectively. A correction factor, C.F., will be applied to the original billing demand/energy for each month in the refund/backbill period to determine the corrected billing demand/energy for each month as follows:

C.F. * Original Billing Demand/Energy = Corrected Billing Demand/Energy

where:

C.F. = [1/1(1+P)]

and P is the percentage error calculated according to subsection 25-6.058(1), F.A.C., for watthour meters and paragraph 25-6.058(2)(b), F.A.C., for electronic demand meters.

(3) Over-registering meters. Whenever a meter tested is found to have an error in excess of the plus tolerance allowed in Rule 25-6.052, F.A.C., the utility shall refund to the customer the amount billed in error as determined by subsection (1) or subsection (2) of this rule for one half the period since the last test, said one half period shall not exceed twelve (12) months; except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharges shall be computed back to but not beyond such date based upon available records. The refund shall not include any part of any minimum charge.

(4) Under-registering meters.

(a) A utility may backbill in the event that a meter is found to be under-registering. A utility may not backbill for any period greater than twelve (12) months. If it can be ascertained that the meter was under-registering for less than twelve (12) months, then the utility may backbill only for the lesser period of time. In any event, the customer may extend the payments of the backbill over the same amount of time for which the utility issued the backbill.

(b) Nothing in paragraph (4)(a) of this rule shall be construed to limit the application of Rule 25-6.104, F.A.C., or prohibit a utility from backbilling for four years pursuant to subsection (7) of this rule.

(c) Whenever a meter is tested and not subject to Rule 25-6.104 or subsection 25-6.105(5), F.A.C., and is found to have an error in excess of the minus tolerance allowed by Rule 25-6.052, F.A.C., the utility may bill the customer an amount equal to the unbilled error as determined by subsection (1) or subsection (2) of this rule. If the utility has required a deposit for a meter test as permitted under subsection (2) of Rule 25-6.059, F.A.C., the customer may be billed only for that portion of the unbilled error which is in excess of the deposit retained by the utility.

(5) In the event of a non-registering meter or a meter for which the test results are inconclusive, the utility may bill the customer on an estimate based on previous bills for similar usage or on other sources of available data provided.

(6) Creeping. Whenever a meter, upon proper testing, is found to have a registration error due to “creep” in excess of the tolerance allowed by Rule 25-6.052, F.A.C., the error shall be calculated by timing the rate of “creeping” and assuming that the creeping affected the registration of the meter for 25% of the time, unless a more accurate estimate of the percentage of time the meter should have been inactive can be obtained.

(7) Where a utility determines that a service location has not previously been properly metered through errors of an electrical contractor, the utility may backbill for up to four years from the date of notice to the customer that the error has been discovered. The customer may extend the payments of the backbill over the same amount of time for which the utility issued the backbill.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.041(1), 366.05(1), (3), (4), 366.06(1) FS. History–New 7-29-69, Amended 4-13-80, 5-3-82, 7-3-06.

Fla. Admin. Code R. 25-6.104 Unauthorized Use of Energy

In the event of unauthorized or fraudulent use, or meter tampering, the utility may bill the customer for the time period at issue using an estimate of the energy used, which may include factors such as historical usage, meter data, meter test data, approximate size of the residence or building, the types of appliances and equipment using electricity, use of air conditioning and electric heating, and the number of occupants.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History–New 7-29-69, Amended 4-13-80, 5-3-82, 11-21-82, 10-26-20.

Fla. Admin. Code R. 25-6.105 Refusal or Discontinuance of Service by Utility

(1) Until adequate facilities can be provided, each utility may refuse to serve an applicant if, in the best judgment of the utility, it does not have adequate facilities to render the service applied for.

(2) Each utility may refuse to serve any person whose service requirements or equipment is of a character that is likely to affect unfavorably service to other customers.

(3) Each utility may refuse to render any service other than that character of service which is normally furnished, unless such service is readily available.

(4) Each utility shall not be required to furnish service under conditions requiring operation in parallel with generating equipment connected to the customer’s system if, in the opinion of the utility, such operation is hazardous or may interfere with its own operations or service to other customers or with service furnished by others. Each utility may specify requirements as to connection and operation as a condition of rendering service under such circumstances.

(5) If the utility refuses service for any reason specified in this subsection, the utility shall notify the applicant for service as soon as practicable, pursuant to subsection (7), of the reason for refusal of service. If the utility will discontinue service, the utility shall notify the customer at least 5 working days prior to discontinuance, that service will cease unless the deficiency is corrected in compliance with the utility’s regulations, resolved through mutual agreement, or successfully disputed by the customer. The 5-day notice provision does not apply to paragraph (h), (i) or (j). In all instances involving refusal or discontinuance of service the utility shall advise in its notice that persons dissatisfied with the utility’s decision to refuse or discontinue service may register their complaint with the utility’s customer relations personnel and to the Florida Public Service Commission at 1(800)342-3552, which is a toll free number. As applicable, each utility may refuse or discontinue service under the following conditions:

(a) For non-compliance with or violation of any state or municipal law or regulation governing electric service.

(b) For failure or refusal of the customer to correct any deficiencies or defects in his wiring or equipment which are reported to him by the utility.

(c) For the use of energy for any other property or purpose than that described in the application.

(d) For failure or refusal to provide adequate space for the meter and service equipment of the utility.

(e) For failure or refusal to provide the utility with a deposit to insure payment of bills in accordance with the utility’s regulation, provided that written notice, separate and apart from any bill for service, be given the customer.

(f) For neglect or refusal to provide safe and reasonable access to the utility for the purpose of reading meters or inspection and maintenance of equipment owned by the utility, provided that written notice, separate and apart from any bill for service, be given the customer.

(g) For non-payment of bills or non-compliance with the utility’s rules and regulations, and only after there has been a diligent attempt to have the customer comply, including at least 5 working days’ written notice to the customer, such notice being separate and apart from any bill for service, provided that those customers who so desire may designate a third party in the company’s service area to receive a copy of such delinquent notice. For purposes of this subsection, “working day” means any day on which the utility’s business office is open and the U.S. Mail is delivered. A utility shall not, however, refuse or discontinue service for nonpayment of a dishonored check service charge imposed by the utility.

(h) Without notice in the event of a condition known to the utility to be hazardous.

(i) Without notice in the event of tampering with meters or other facilities furnished and owned by the utility.

(j) Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the utility may, before restoring service, require the customer to make at his own expense all changes in facilities or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the loss in revenue resulting from such fraudulent use.

(6) Service shall be restored when cause for discontinuance has been satisfactorily adjusted.

(7) In case of refusal to establish service, or whenever service is intentionally discontinued by the utility for other than routine maintenance, the utility shall notify the applicant or customer in writing of the reason for such refusal or discontinuance.

(8) The following shall not constitute sufficient cause for refusal or discontinuance of service to an applicant or customer:

(a) Delinquency in payment for service by a previous occupant of the premises unless the current applicant or customer occupied the premises at the time the delinquency occurred and the previous customer continues to occupy the premises and such previous customer shall benefit from such service.

(b) Failure to pay for merchandise purchased from the utility.

(c) Failure to pay for a service rendered by the utility which is non-regulated.

(d) Failure to pay for a different type of utility service, such as gas or water.

(e) Failure to pay for a different class of service.

(f) Failure to pay the bill of another customer as guarantor thereof.

(g) Failure to pay a dishonored check service charge imposed by the utility.

(9) When service has been discontinued for proper cause, each utility may charge a reasonable fee to defray the cost of restoring service, provided such fee is included in its filed tariff.

(10) No utility shall discontinue service to any non-commercial customer between 12:00 noon on a Friday and 8:00 a.m. the following Monday or between 12:00 noon on the day preceding a holiday and 8:00 a.m. the next working day. Provided, however, this prohibition shall not apply when:

(a) Discontinuance is requested by or agreed to by the customer; or

(b) A hazardous condition exists; or

(c) Meters or other utility owned facilities have been tampered with or

(d) Service is being obtained fraudulently or is being used for unlawful purposes.

Holiday as used in this subsection shall mean New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day.

(11) Each utility shall submit, as a tariff item, a procedure for discontinuance of service when that service is medically essential.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.03, 366.04(2)(c), (5), 366.041(1), 366.05(1), 366.06(1) FS. History–New 2-25-76, Amended 2-3-77, 2-6-79, 4-13-80, 11-26-80, 1-1-91, 1-7-93.

Fla. Admin. Code R. 25-6.106 Underbillings and Overbillings of Energy

(1) A utility may not backbill customers for any period greater than twelve (12) months for any undercharge in billing which is the result of the utility’s mistake. 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 over some other mutually agreeable time period. Nor may the utility recover in a ratemaking proceeding any lost revenues which inure to the utility’s detriment on account of this provision. This rule shall not apply to underbillings provided for in Rule 25-6.103, or 25-6.104, F.A.C.

(2) In the event of other overbillings not provided for in Rule 25-6.103, F.A.C., the utility shall refund the overcharge to the customer for the period during which the overcharge occurred based on available records. If commencement of the overcharging cannot be fixed, then a reasonable estimate of the overcharge shall be made and refunded to the customer. The amount and period of the adjustment shall be based on the available records. The refund shall not include any part of a minimum charge.

(3) In the event of an overbilling, the customer may elect to receive the refund as a credit to future billings or as a one time payment.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.041(1), 366.05(1), 366.06(1) FS. History–New 4-13-80, Amended 5-3-82, 11-21-82.

Fla. Admin. Code R. 25-6.109 Refunds

(1) Applicability. With the exception of deposit refunds and refunds associated with adjustment factors, all refunds ordered by the Commission shall be made in accordance with the provisions of this rule, unless otherwise ordered by the Commission.

(2) Timing of Refunds. Refunds must be made within ninety (90) days of the Commission’s order unless a different time frame is prescribed by the Commission. Unless a stay has been requested in writing and granted by the Commission, a motion for reconsideration of an order requiring a refund will not delay the timing of the refund. In the event that a stay is granted pending reconsideration, the timing of the refund shall commence from the date of the order disposing of any motion for reconsideration. This rule does not authorize any motion for reconsideration not otherwise authorized by Chapter 25-22, F.A.C.

(3) Basis of Refund. Where the refund is the result of a specific rate change, including interim rate increases and the refund can be computed on a per customer basis, that will be the basis of the refund. In such cases, refunds may by made by either recalculating the affected customer’s bill or by applying an appropriate refund factor to the consumption used by the customer during the refund period. However, where the refund is not related to specific rate changes, such as a refund for overearnings, the refund shall be made to customers of record as of a date specified by the Commission. In such case, refunds shall be made on the basis of consumption. Per customer refund refers to a refund to every customer receiving service during the refund period. Customer of record refund refers to a refund to every customer receiving service as of a date specified by the Commission.

(4) Interest.

(a) In the case of refunds which the Commission orders to be made with interest, the average monthly interest rate until the refund is posted to the customer’s account shall be based on the thirty (30) day commercial paper rate for high grade, unsecured notes sold through dealers by major corporations in multiples of $1,000 as regularly published in the Wall Street Journal.

(b) This average monthly interest rate shall be calculated for each month of the refund period:

1. By adding the published interest rate in effect for the last business day of the month prior to each month of the refund period and the published rate in effect for the last business day of each month of the refund period divided by twenty-four (24) to obtain the average monthly interest rate;

2. The average monthly interest rate for the month prior to distribution shall be the same as the last calculated average monthly interest rate.

(c) The average monthly interest rate shall be applied to the sum of the previous month’s ending balance (including monthly interest accruals) and the current month’s ending balance divided by two (2) to accomplish a compounding effect.

(d) Interest Multiplier. When the refund is computed for each customer, an interest multiplier may be applied against the amount of each customer’s refund in lieu of a monthly calculation of the interest for each customer. The interest multiplier shall be calculated by dividing the total amount refundable to all customers, including interest, by the total amount of the refund, excluding interest. For the purpose of calculating the interest multiplier, the utility may, upon approval by the Commission, estimate the monthly refundable amount.

(e) Commission staff shall provide applicable interest rate figures and assistance in calculations under this Rule upon request of the affected utility.

(5) Method of Refund Distribution. For those customers still on the system, a credit shall be made on the bill. In the event the refund is for a greater amount than the bill, the remainder of the credit shall be carried forward until the refund is completed. If the customer so requests, a check for any negative balance must be sent to the customer within ten (10) days of the request. For customers entitled to a refund but no longer on the system, the company shall mail a refund check to the last known billing address except that no refund for less than $1.00 will be made to these customers.

(6) Security for Money Collected Subject to Refund. In the case of money being collected subject to refund, the money shall be secured by a bond unless the Commission specifically authorizes some other type of security such as placing the money in escrow, approving a corporate undertaking, or providing a letter of credit. The Commission may require the company to provide a report by the 10th of each month indicating the monthly and total amount of money subject to refund as of the end of the preceding month. The report shall also indicate the status of whatever security is being used to guarantee repayment of the money.

(7) Refund Reports. During the processing of the refund, monthly reports on the status of the refund shall be made by the 10th of the following month. In addition, a preliminary report shall be made within thirty (30) days after the date the refund is completed and again 90 days thereafter. A final report shall be made after all administrative aspects of the refund are completed. The above reports shall specify the following:

(a) The amount of money to be refunded and how that amount was computed;

(b) The amount of money actually refunded;

(c) The amount of any unclaimed refunds; and

(d) The status of any unclaimed amounts.

(8) With the last report under subsection (7) of this rule, the company shall suggest a method for disposing of any unclaimed amounts. The Commission shall then order a method of disposing of the unclaimed funds.

PART VII UNDERGROUND ELECTRIC DISTRIBUTION FACILITY CHARGES

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.04(1), (2)(f), 366.06(3), 366.07, 366.071 FS. History–New 8-18-83.

Fla. Admin. Code R. 25-6.115 Facility Charges for Conversion of Existing Overhead Investor-owned Distribution Facilities

(1) Each investor-owned utility shall file a tariff showing the non-refundable deposit amounts for standard applications addressing the conversion of existing overhead electric distribution facilities to underground facilities. The tariff shall include the general provisions and terms under which the public utility and applicant may enter into a contract for the purpose of converting existing overhead facilities to underground facilities. The non-refundable deposit amounts shall be calculated in the same manner as the engineering costs for underground facilities serving each of the following scenarios: urban commercial, urban residential, rural residential, existing low-density single family home subdivision and existing high-density single family home subdivision service areas.

(2) For purposes of this rule, the applicant is the person or entity requesting the conversion of existing overhead electric distribution facilities to underground facilities. In the instance where a local ordinance requires developers to install underground facilities, the developer who actually requests the construction for a specific location is deemed the applicant for purposes of this rule.

(3) Nothing in the tariff shall prevent the applicant from constructing and installing all or a portion of the underground distribution facilities provided:

(a) Such work meets the investor-owned utility’s construction standards;

(b) The investor-owned utility will own and maintain the completed distribution facilities; and

(c) Such agreement is not expected to cause the general body of ratepayers to incur additional costs.

(4) Nothing in the tariff shall prevent the applicant from requesting a non-binding cost estimate which shall be provided to the applicant free of any charge or fee.

(5) Upon an applicant’s request and payment of the deposit amount, an investor-owned utility shall provide a binding cost estimate for providing underground electric service.

(6) An applicant shall have at least 180 days from the date the estimate is received to enter into a contract with the public utility based on the binding cost estimate. The deposit amount shall be used to reduce the charge as indicated in subsection (7) only when the applicant enters into a contract with the public utility within 180 days from the date the estimate is received by the applicant, unless this period is extended by mutual agreement of the applicant and the utility.

(7) The charge paid by the applicant shall be the charge for the proposed underground facilities as indicated in subsection (8) minus the charge for overhead facilities as indicated in subsection (9) minus the non-refundable deposit amount. The applicant shall not be required to pay an additional amount which exceeds 10 percent of the binding cost estimate.

(8) For the purpose of this rule, the charge for the proposed underground facilities shall include:

(a) The estimated cost of construction of the underground distribution facilities based on the requirements of Rule 25-6.030, F.A.C., Storm Protection Plan; Rule 25-6.034, F.A.C., Standard of Construction; Rule 25-6.0341, F.A.C., Location of the Utility’s Electric Distribution Facilities; and Rule 25-6.0345, F.A.C., Safety Standards for Construction of New Transmission and Distribution Facilities; including the construction cost of the underground service lateral(s) to the meter(s) of the customer(s); and

(b) The estimated remaining net book value of the existing facilities to be removed less the estimated net salvage value of the facilities to be removed.

(9) For the purpose of this rule, the charge for overhead facilities shall be the estimated construction cost to build new overhead facilities, including the service drop(s) to the meter(s) of the customer(s). Estimated construction costs shall be based on the requirements of Rule 25-6.030, F.A.C., Storm Protection Plan; Rule 25-6.034, F.A.C., Standard of Construction; Rule 25-6.0341, F.A.C., Location of the Utility’s Electric Distribution Facilities; and Rule 25-6.0345, F.A.C., Safety Standards for Construction of New Transmission and Distribution Facilities.

(10) An applicant requesting construction of underground distribution facilities under this rule may challenge the utility’s cost estimates pursuant to Rule 25-22.032, F.A.C.

(11) For purposes of computing the charges required in subsections (8) and (9):

(a) The utility shall include the Net Present Value of operational costs including the average historical storm restoration costs for comparable facilities over the expected life of the facilities.

(b) If the applicant chooses to construct or install all or a part of the requested facilities, all utility costs, including overhead assignments, avoided by the utility due to the applicant assuming responsibility for construction shall be excluded from the costs charged to the customer, or if the full cost has already been paid, credited to the customer. At no time will the costs to the customer be less than zero.

(12) Nothing in this rule shall be construed to prevent any utility from waiving all or any portion of the cost for providing underground facilities. If, however, the utility waives any charge, the utility shall reduce net plant in service as though those charges had been collected unless the Commission determines that there is quantifiable benefits to the general body of ratepayers commensurate with the waived charge.

(13) Nothing in this rule shall be construed to grant any investor-owned electric utility any right, title or interest in real property owned by a local government.

PART X

Subpart A Accounting Reports

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03, 366.04, 366.05 FS. History–New 9-21-92, Amended 2-1-07, 12-10-20.

Fla. Admin. Code R. 25-6.135 Annual Reports

(1) Each investor-owned electric utility shall file annual reports with the Commission on Commission Form PSC/AFD/101 (3/04) which is incorporated by reference into this rule. Form PSC/AFD/101, entitled “Annual Report of Major Electric Utilities”, may be obtained from the Commission’s Division of Accounting and Finance. These reports shall be verified by a responsible accounting officer of the utility making the report and shall be due on or before April 30 for the preceding calendar year. A utility may file a written request for an extension of time with the Division of Accounting and Finance no later than April 30. One extension of 31 days will be granted upon request. A request for a longer extension must be accompanied by a statement of good cause and shall specify the date by which the report will be filed. “Good cause” means a demonstration that the company has worked diligently to prepare the report and that the additional time period requested to complete and submit the report is both reasonable and necessary given the company’s particular circumstances.

(2) The utility shall also file with the original and each copy of the annual report form, or separately within 30 days, a letter or report, signed by an independent certified public accountant, attesting to the conformity in all material respects of the schedules and their applicable notes listed on the general information page of Form PSC/AFD/101 with the Commission’s applicable uniform system of accounts and published accounting releases.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.04(2)(a), (f), 366.05(1), (2) FS. History–New 12-27-94, Amended 12-11-00, 3-30-04.

Fla. Admin. Code R. 25-6.1351 Cost Allocation and Affiliate Transactions

(1) Purpose. The purpose of this rule is to establish cost allocation requirements to ensure proper accounting for affiliate transactions and utility nonregulated activities so that these transactions and activities are not subsidized by utility ratepayers. This rule is not applicable to affiliate transactions for purchase of fuel and related transportation services that are subject to Commission review and approval in cost recovery proceedings.

(2) Definitions.

(a) Affiliate – Any entity that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a utility. As used herein, “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a company, whether such power is exercised through one or more intermediary companies, or alone, or in conjunction with, or pursuant to an agreement, and whether such power is established through a majority or minority ownership or voting of securities, common directors, officers or stockholders, voting trusts, holding trusts, associated companies, contracts or any other direct or indirect means.

(b) Affiliate Transaction – Any transaction in which both a utility and an affiliate are each participants, except transactions related solely to the filing of consolidated tax returns.

(c) Cost Allocation Manual (CAM) – The manual that sets out a utility’s cost allocation policies and related procedures.

(d) Direct Costs – Costs that can be specifically identified with a particular service or product.

(e) Fully Allocated Costs – The sum of direct costs plus a fair and reasonable share of indirect costs.

(f) Indirect Costs – Costs, including all overheads, that cannot be identified with a particular service or product.

(g) Nonregulated – Refers to services or products that are not subject to price regulation by the Commission or not included for ratemaking purposes and not reported in surveillance.

(h) Prevailing Price Valuation – Refers to the price an affiliate charges a regulated utility for products and services, which equates to that charged by the affiliate to third parties. To qualify for this treatment, sales of a particular asset or service to third parties must encompass more than 50 percent of the total quantity of the product or service sold by the entity. The 50 percent threshold is applied on an asset-by-asset and service-by-service basis, rather than on a product line or service line basis.

(i) Regulated – Refers to services or products that are subject to price regulation by the Commission or included for ratemaking purposes and reported in surveillance.

(3) Non-Tariffed Affiliate Transactions.

(a) The purpose of subsection (3) is to establish requirements for non-tariffed affiliate transactions impacting regulated activities. This subsection does not apply to the allocation of costs for services between a utility and its parent company or between a utility and its regulated utility affiliates or to services received by a utility from an affiliate that exists solely to provide services to members of the utility’s corporate family. All affiliate transactions, however, are subject to regulatory review and approval.

(b) A utility must charge an affiliate the higher of fully allocated costs or market price for all non-tariffed services and products purchased by the affiliate from the utility. Except, a utility may charge an affiliate less than fully allocated costs or market price if the charge is above incremental cost. If a utility charges less than fully allocated costs or market price, the utility must maintain documentation to support and justify how doing so benefits regulated operations. If a utility charges less than market price, the utility must notify the Commission Clerk in writing within 30 days of the utility initiating, or changing any of the terms or conditions, for the provision of a product or service. In the case of products or services currently being provided, a utility must notify the Division within 30 days of the rule’s effective date.

(c) When a utility purchases services and products from an affiliate and applies the cost to regulated operations, the utility shall apportion to regulated operations the lesser of fully allocated costs or market price. Except, a utility may apportion to regulated operations more than fully allocated costs if the charge is less than or equal to the market price. If a utility apportions to regulated operations more than fully allocated costs, the utility must maintain documentation to support and justify how doing so benefits regulated operations and would be based on prevailing price valuation.

(d) When an asset used in regulated operations is transferred from a utility to a nonregulated affiliate, the utility must charge the affiliate the greater of market price or net book value. Except, a utility may charge the affiliate either the market price or net book value if the utility maintains documentation to support and justify that such a transaction benefits regulated operations. When an asset to be used in regulated operations is transferred from a nonregulated affiliate to a utility, the utility must record the asset at the lower of market price or net book value. Except, a utility may record the asset at either market price or net book value if the utility maintains documentation to support and justify that such a transaction benefits regulated operations. An independent appraiser must verify the market value of a transferred asset with a net book value greater than $1,000,000. If a utility charges less than market price, the utility must notify the Commission Clerk in writing within 30 days of the transfer.

(e) Each affiliate involved in affiliate transactions must maintain all underlying data concerning the affiliate transaction for at least three years after the affiliate transaction is complete. This paragraph does not relieve a regulated affiliate from maintaining records under otherwise applicable record retention requirements.

(4) Cost Allocation Principles.

(a) Utility accounting records must show whether each transaction involves a product or service that is regulated or nonregulated. A utility that identifies these transactions by the use of subaccounts meets the requirements of this paragraph.

(b) Direct costs shall be assigned to each non-tariffed service and product provided by the utility.

(c) Indirect costs shall be distributed to each non-tariffed service and product provided by the utility on a fully allocated cost basis. Except, a utility may distribute indirect costs on an incremental or market basis if the utility can demonstrate that its ratepayers will benefit. If a utility distributes indirect costs on less than a fully allocated basis, the utility must maintain documentation to support doing so.

(d) Each utility must maintain a listing of revenues and expenses for all non-tariffed products and services.

(5) Reporting Requirements. Each utility shall file information concerning its affiliates, affiliate transactions, and nonregulated activities on Form PSC/AFD/101 (3/04) which is incorporated by reference into Rule 25-6.135, F.A.C. Form PSC/AFD/101, entitled “Annual Report of Major Electric Utilities,” may be obtained from the Commission’s Division of Accounting and Finance.

(6) Cost Allocation Manual. Each utility involved in affiliate transactions or in nonregulated activities must maintain a Cost Allocation Manual (CAM). The CAM must be organized and indexed so that the information contained therein can be easily accessed.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.04(2)(a), (f), 366.041(1), 366.05(1), (2), (9), 366.06(1), 366.093(1) FS. History–New 12-27-94, Amended 12-11-00, 3-30-04.

Fla. Admin. Code R. 25-6.1352 Earnings Surveillance Report

(1) Each investor-owned electric utility shall file rate of return data using Commission Form PSC/AFD 14 (6/94), which is incorporated by reference into this rule. Form PSC/AFD 14, entitled “Investor-Owned Electric Utility Earnings Surveillance Report,” may be obtained from the Commission’s Division of Accounting and Finance.

(2) The report shall be filed:

(a) Monthly, by the 15th day of the second month following the reported month for electric utilities with 50,000 or more customers.

(b) Quarterly, by the 15th day of the second month following the reported quarter for electric utilities with less than 50,000 customers.

(3) A utility may file a written request for an extension of time with the Division of Accounting and Finance prior to the due date of the report. One extension of 31 days will be granted upon request. A request for Commission approval of a longer extension must be accompanied by a statement of good cause and shall specify the date by which the report will be filed.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.117(1), 366.04(2)(f) FS. History–New 6-9-94, Amended 3-14-96.

Fla. Admin. Code R. 25-6.1353 Forecasted Earnings Surveillance Report

(1) Each investor-owned electric utility that is not under an incentive regulation plan or not subject to an earnings cap shall file with the Commission its forecasted financial information on Commission Form PSC/AFD 22 (1/95) which is incorporated into this rule by reference. Form PSC/AFD 22, entitled “Investor-Owned Electric Utility Forecasted Earnings Surveillance Report,” may be obtained from the Commission’s Division of Accounting and Finance. The report shall be verified by the responsible officer of the utility making the report. The report shall be due on or before March 1 of each year, and shall contain the forecasted financial information for that calendar year.

(2) A utility may file a written request for an extension of time with the Division of Accounting and Finance no later than March 1. One extension of 15 days will be granted upon request. A request for a longer extension must be accompanied by a statement of good cause and shall specify the date by which the report will be filed.

(3) If during the course of the forecast year the utility should revise its forecasted financial information as a result of a change in a forecast assumption such that its forecasted annual Return on Equity changes by more than 25 basis points, whether as a result of a single or several events or assumptions, the utility shall provide the Commission with the following information within 30 days of the revised forecast:

(a) A description of the revised forecast assumptions or other events that caused the forecasted return on equity to be revised.

(b) An estimate of the revised annual Return on Equity.

Subpart B Revenue Requirements

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.117(1), 366.04(2)(f), 366.05(1) FS. History–New 1-11-95.

Fla. Admin. Code R. 25-6.140 Test Year Notification; Proposed Agency Action Notification

(1) At least 60 days prior to filing a petition for a general rate increase, a company shall notify the Commission in writing of its selected test year and filing date. This notification shall include:

(a) An explanation for requesting the particular test period. If an historical test year is selected, there shall be an explanation of why the historical period is more representative of the company’s operations than a projected period. If a projected test year is selected, there shall be an explanation of why the projected period is more representative than an historical period;

(b) An explanation, including an estimate of the impact on revenue requirements, of the major factors which necessitate a rate increase;

(c) A statement describing the actions and measures implemented by the company for the specific purpose of avoiding a rate increase; and

(d) A statement that the utility either is or is not requesting that the Commission process its petition for rate increase using the proposed agency action process authorized in Section 366.06(4), F.S.

(2) In the event that a test year other than one based on a calendar year or the company’s normal fiscal year is selected, the notification shall include an explanation of why the chosen test year period is more appropriate.

(3) If the company cannot meet its filing date, it shall notify the Commission in writing before the due date and include an explanation of why it will not meet the filing date. The company shall include a revised filing date.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.06 FS. History–New 9-21-92, Amended 10-6-94.

Chapter 25-7 GAS SERVICE BY GAS PUBLIC UTILITIES

Fla. Admin. Code R. 25-7.001 Authorization of Rules

History

• Rulemaking Authority 365.05 FS. Law Implemented 366.05 FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.01, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.002 Application and Scope

History

• Rulemaking Authority 365.05(1) FS. Law Implemented 366.03 FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.02, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.003 Definitions

For the purpose of these rules, the following definitions apply:

(1) “Commission.” Unless a different intent clearly appears from the context, the word “commission” when used in these rules shall be taken to mean the Florida Public Service Commission.

(2) “Utility.” Except where a different meaning clearly appears from the context, the word or words “utility” or “gas utility” as used in these rules shall have the same meaning as set out for “public utility” in Section 366.02(8), F.S., and shall include all such utilities subject to Commission jurisdiction.

(3) “Customer.” Any person, firm, partnership, company, corporation, municipality, cooperative, organization, governmental agency, or similar organization supplied with gas service by any such gas utility.

(4) “Gas.” Gas is any gas or mixture of gases suitable for domestic or industrial fuel and transmitted or distributed to the user through a piping system. However, this does not include liquefied petroleum gases in the vapor or liquid state when furnished by a utility not subject to Commission jurisdiction under the provisions of Section 366.02, F.S. The common types are natural gas, manufactured gas, and liquefied petroleum gas distributed as a vapor with the admixture of air.

(5) “Manufactured Gas.” The term “manufactured gas” as used in these rules shall be construed to mean any gas artificially produced by any generating or processing equipment, exclusive of “hydrocarbon gas.”

(6) “Natural Gas.” The term “natural gas” as used in these rules shall be construed to mean any gases taken into the transmission or distribution systems in their natural state as they come from the well or from oil separating or gasoline extraction apparatus.

(7) “Mixed Gas.” The term “mixed gas” as used in these rules shall be construed to mean any mixture of two or more gases of materially different physical character or chemical composition mixed inside or outside of any generating or processing equipment or any well, separating, or extracting plant, except undiluted liquefied petroleum gases when furnished by a utility not subject to Commission jurisdiction under the provisions of Section 366.02, F.S.

(8) “Main.” Gas main or distribution main is a pipe installed in a community to convey gas to individual services or other mains.

(9) “Service Line.” Service line is the distribution line that transports gas from a common source of supply to (1) a customer meter or the connection to a customer’s piping, whichever is farther downstream, or (2) the connection to a customer’s piping if there is no customer meter.

(10) “Service Regulator.” Service regulator is a regulator installed on a gas service to control the pressure of the gas delivered to the customer.

(11) “Standard Service Pressure.” Standard service pressure is the gas pressure which a utility undertakes to maintain on its domestic customer meters, sometimes called the normal utilization pressure.

(12) “Customer Meter.” Customer meter is a meter which measures gas delivered to a customer for consumption on his premises.

(13) “Cubic Foot.” The term “cubic foot” of gas as used in these rules shall have the following meanings:

(a) In cases where gas is supplied and metered to customers at the standard delivery pressure, a cubic foot of gas shall be defined to be the volume of gas which, at the temperature and pressure existing in the meter, occupies one cubic foot.

(b) When gas is supplied to customers at other than the standard service pressure, the utility shall define in its rules and/or gas sales contracts bases for measurement of a cubic foot of gas. Unless otherwise stated, such cubic foot of gas shall be that quantity of gas which, at a temperature of 60º F, and at absolute pressure of 14.73 pounds per square inch (30 inches of mercury) occupies one cubic foot.

(c) The standard cubic foot of gas for testing the gas itself for heating value shall be that volume of gas which, when saturated with water vapor and at a temperature of 60º F, and under a pressure equivalent to that of 30 inches of mercury (mercury at 32º F and under standard gravity) occupies one cubic foot.

(14) “British Thermal Unit.” The term “British thermal unit” (BTU) shall mean the quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit.

(15) “Therm.” The word “therm” is used to denote a unit of heating value equivalent to one hundred thousand (100,000) British thermal units.

Other technical terms and expressions used in these rules and not herein defined are to be given the meaning usually accepted in the industry.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.02, 366.05(1) FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.03.

Fla. Admin. Code R. 25-7.004 Reference to Commission

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.04, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.013 Gross Intrastate Operating Revenue Report

History

• Rulemaking Authority 350.12(2)(m) FS. Law Implemented 350.13(12)(m) FS. History–New 7-3-74, Amended 1-8-75, 5-4-75, Formerly 25-7.13, Repealed 5-18-83.

Fla. Admin. Code R. 25-7.0131 Regulatory Assessment Fees; Gas Utilities, Gas Municipals, and Gas Districts

(1) As applicable and as provided in Sections 350.113 and 366.14, F.S., each gas utility, municipal, or gas district shall remit a fee based upon its gross operating revenue. This fee shall be referred to as a regulatory assessment fee. Regardless of the gross operating revenue of a company, a minimum annual regulatory assessment fee of $25 shall be imposed.

(a) Each investor-owned gas utility shall pay a regulatory assessment fee in the amount of .005 of its gross operating revenue derived from intrastate business, excluding sales for resale between public utilities, municipal gas utilities, and gas districts or any combination thereof.

(b) Each municipal or gas district shall pay a regulatory assessment fee in the amount of 0.001919 of its gross operating revenue derived from intrastate business, excluding sales for resale between public utilities, municipal gas utilities, and gas district or any combination thereof.

(2) Regulatory assessment fees are due each January 30 for the preceding period or any part of the period from July 1 until December 31, and on July 30 for the preceding period or any part of the period from January 1 until June 30.

(3) If the due date falls on a Saturday, Sunday, or a legal holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date and the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were delivered. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage and postmarked no later than the due date.

(4) Commission Form PSC/AFD 67 (01/99), entitled “Investor-Owned Natural Gas Utility Regulatory Assessment Fee Return” is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02613 and Form PSC/AFD 71 (07/96), entitled “Gas Municipal or Gas District Regulatory Assessment Fee Return” is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02614. These forms are incorporated into this rule by reference and may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a utility to receive a return form shall not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(5) Each utility, municipal, and gas district shall have up to and including the due date in which to:

(a) Remit the total amount of its fee or

(b) Remit an amount which the utility, municipal, or gas district estimates is its full fee.

(6) Where the utility, municipal, or gas district remits less than its full fee, the remainder of the full fee shall be due on or before the 30th day from the due date and shall, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (8)(b) of this rule.

(7) A utility, municipal, or gas district may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC/AIT 124 (12/11) entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02621. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the utility has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) Where a utility, municipal, or gas district receives an extension of its due date pursuant to this rule, the utility, municipal, or gas district shall remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(8) The delinquency of any amount due to the Commission from the utility, municipal, or gas district pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) A penalty, as set out in Section 350.113, F.S., shall apply to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum shall apply to any such delinquent amounts.

History

• Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 350.113, 366.14 FS. History–New 5-18-83, Formerly 25-7.131, Amended 10-19-86, 4-25-90, 7-7-96, 1-1-99, 5-7-13.

Fla. Admin. Code R. 25-7.014 Records and Reports in General

(1) Except as modified in subsection (4), each natural gas utility shall maintain its accounts and records in conformity with the Uniform System of Accounts for Natural Gas Companies (USOA) as found in the Code of Federal Regulations, Title 18, Subchapter F, Part 201, for Major Utilities (2013), which is hereby incorporated by reference and may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04830 and http://www.flrules.org/Gateway/reference.asp?No=Ref-04831. All inquiries relating to interpretation of the USOA shall be submitted to the Commission’s Division of Accounting and Finance in writing.

(2) Each utility shall establish and maintain continuing property records in conformity with the plant accounts prescribed in the USOA. The records shall be compiled on the basis of original cost or other book cost consistent with the provisions of the USOA. The continuing property records or records supplemental thereto shall contain such detailed description and classification of property record units that will permit their ready identification and verification. They shall be maintained in such manner as will meet the following basic objectives:

(a) An inventory of property record units which may be readily checked for proof of physical existence;

(b) The association of costs with such property record units to assure accurate accounting for retirements; and

(c) The determination of dates of installation and removal of plant to provide data for use in connection with depreciation studies.

(3) Each gas utility shall maintain its depreciation rates and depreciation reserve by primary account as prescribed in the Uniform System and Classification of Accounts.

(4) For ratemaking purposes only, each investor-owned natural gas utility shall accrue unbilled base rate revenues, excluding those base rate revenues recoverable through other cost recovery or adjustment mechanisms.

(5) For each utility providing data to the Commission, all data shall be consistent with and reconcilable with the utility’s Annual Report to the Commission.

(6) The results of all tests, summaries, records and reports required by the Commission (including the Annual Report) shall, where appropriate, be reported on a therm basis rather than a volumetric or thousand cubic feet (MCF) basis.

(7) During visits authorized by Section 366.08, F.S., the utility shall provide staff members with adequate and comfortable working and filing space, consistent with prevailing conditions and climate and comparable with the accommodations provided to the utility’s outside auditors.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.05(1), 366.08 FS. History–New 7-19-72, Repromulgated 1-8-75, 5-4-75, Amended 12-30-75, 9-28-81, 11-18-82, Formerly 25-7.14, Amended 10-1-86, 4-3-88, 7-20-89, 12-27-94, 4-22-96, 12-8-03, 2-2-15.

Fla. Admin. Code R. 25-7.0141 Allowance for Funds Used During Construction

(1) Definition of terms for this rule.

(a) Allowance for funds used during construction (AFUDC) is the carrying cost of funding an eligible utility project investment during its construction.

(b) A project means a temporary endeavor with a defined beginning and end series of tasks that need to be completed in order to reach a specific outcome (e.g., a specific utility investment placed into service or devoted to public use for the provision of natural gas service), designed to produce an in-service plant investment result.

(2) Construction work in progress (CWIP) that is not included in rate base may accrue AFUDC under the following conditions:

(a) Eligible projects. The following projects may be included in CWIP and accrue AFUDC:

1. Projects that involve gross additions to plant in excess of $25,000 and

a. Are expected to be completed in excess of one year after commencement of construction, or

b. Were originally expected to be completed in one year or less and are suspended for six months or more, or are not ready for service after one year.

2. A utility may bundle related projects that achieve a specific outcome if it demonstrates that the total cost of the bundled projects excluding AFUDC is less than the total cost of the unbundled projects.

(b) Ineligible projects. The following projects may be included in CWIP, but may not accrue AFUDC:

1. Projects, or portions thereof, that do not exceed the level of CWIP included in rate base in the company’s last rate case.

2. Projects where gross additions to plant are less than $25,000.

3. Projects expected to be completed in less than one year after commencement of construction.

4. Property that has been classified as Property Held for Future Use.

(c) Unless otherwise authorized by the Commission, the following projects may not be included in CWIP nor accrue AFUDC:

1. Projects that are reimbursable by another party.

2. Projects that have been cancelled.

3. Purchases of assets which are ready for service when acquired.

4. Portions of projects providing service during the construction period.

(d) Other conditions. Accrual of AFUDC is subject to the following conditions:

1. Accrual of AFUDC is not to be reversed when a project originally expected to be completed in excess of one year is completed in one year or less;

2. AFUDC may not be accrued retroactively if a project expected to be completed in one year or less is subsequently suspended for six months, or is not ready for service after one year;

3. When a project is completed and ready for service, it must be immediately transferred to the appropriate plant account(s) or Account 106, Completed Construction Not Classified, and may no longer accrue AFUDC;

4. Where a work order covers the construction of more than one property unit, the AFUDC accrual must cease on the costs related to each unit when that unit reaches an in service status;

5. When the construction activities for an ongoing project are expected to be suspended for a period exceeding six (6) months, the utility must notify the Commission of the suspension and the reason(s) for the suspension, and must submit a proposed accounting treatment for the suspended project; and

6. When the construction activities for a suspended project are resumed, the previously accumulated costs of the project may not accrue AFUDC if such costs have been included in rate base for ratemaking purposes. However, the accrual of AFUDC may be resumed when the previously accumulated costs are no longer included in rate base for ratemaking purposes.

(e) Subaccounts. Account 107, Construction Work in Progress, must be subdivided so as to segregate the cost of construction projects that are eligible for AFUDC from the cost of construction projects that are ineligible for AFUDC.

(f) Prior to the commencement of construction on a project, a utility may file a petition to seek approval to include an individual project in rate base that would otherwise qualify for AFUDC treatment per paragraph (2)(a).

(g) On a prospective basis, the Commission, upon its own motion, may determine that the potential impact on rates may require the exclusion of an amount of CWIP from a utility’s rate base that does not qualify for AFUDC treatment per paragraph (2)(a) and to allow the utility to accrue AFUDC on that excluded amount.

(3) The applicable AFUDC rate will be determined as follows:

(a) The most recent 13-month average embedded cost of capital, except as noted below, must be derived using all sources of capital and adjusted using adjustments consistent with those used by the Commission in the Company’s last rate case.

(b) The cost rates for the components in the capital structure will be the midpoint of the last allowed return on common equity, the most recent 13-month average cost of short-term debt and customer deposits and a zero cost rate for deferred taxes and all investment tax credits. The cost of long-term debt and preferred stock will be based on end of period cost. The annual percentage rate will be calculated to two decimal places.

(4) Discounted monthly AFUDC rate. A discounted monthly AFUDC rate, calculated to six decimal places, must be employed to ensure that the annual AFUDC charged does not exceed authorized levels.

(a) The formula used to discount the annual AFUDC rate to reflect monthly compounding is as follows:

M = [((1 + A/100)1/12)-1]x 100

Where:

M = discounted monthly AFUDC rate

A = Annual AFUDC rate

(b) The monthly AFUDC rate, carried out to six decimal places, must be applied to the average monthly balance of eligible CWIP that is not included in rate base.

(5) The following schedules must be filed with each petition for a change in AFUDC rate:

(a) Schedule A. A schedule showing the capital structure, cost rates and weighted average cost of capital that are the basis for the AFUDC rate in subsection (3).

(b) Schedule B. A schedule showing capital structure adjustments including the unadjusted capital structure, reconciling adjustments and adjusted capital structure that are the basis for the AFUDC rate in subsection (3).

(c) Schedule C. A schedule showing the calculation of the monthly AFUDC rate using the methodology set out in this rule.

(6) No utility may charge or change its AFUDC rate without prior Commission approval. The new AFUDC rate will be effective the month following the end of the 12-month period used to establish that rate and may not be retroactively applied to a previous fiscal year unless authorized by the Commission.

(7) Each utility charging AFUDC must include in its December Rate of Return surveillance report to the Commission Schedules A and B identified in subsection (5) of this rule, as well as disclosure of the AFUDC rate it is currently charging.

(8) The Commission may, on its own motion, initiate a proceeding to revise a utility's AFUDC rate.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115, 366.05(1), 366.06(1) FS. History–New 8-11-86, Formerly 25-7.141, Amended 11-13-86, 12-7-87, 11-23-95, 1-26-21.

Fla. Admin. Code R. 25-7.0143 Use of Accumulated Provision Accounts 228.1, 228.2, and 228.4

(1) Account No. 228.1 Accumulated Provision for Property Insurance.

(a) This account may be established to provide for losses through accident, fire, flood, storms and similar type hazards to the utility’s own property or property leased from others, which is not covered by insurance. A schedule of risks covered must be maintained, giving a description of the property involved, the character of risks covered and the accrual rates used.

(b) Except as provided in paragraphs (1)(f), (1)(g) and (1)(h) charges to this account must be made for all occurrences in accordance with the schedule of risks to be covered which are not covered by insurance. Recoveries, insurance proceeds or reimbursements for losses charged to this account must be credited to the account.

(c) A separate subaccount must be established for that portion of Account No. 228.1 which is designated to cover storm-related damages to the utility’s own property or property leased from others that is not covered by insurance. The records supporting the entries to this account must be so kept that the utility can furnish full information as to each storm event included in this account.

(d) In determining the costs to be charged to cover storm-related damages, the utility must use an Incremental Cost and Capitalization Approach methodology (ICCA). Under the ICCA methodology, the costs charged to cover storm-related damages must exclude those costs that normally would be charged to non-cost recovery clause operating expenses in the absence of a storm. Under the ICCA methodology for determining the allowable costs to be charged to cover storm-related damages, the utility will be allowed to charge to Account No. 228.1 costs that are incremental to costs normally charged to non-cost recovery clause operating expenses in the absence of a storm. All costs charged to Account 228.1 are subject to review for prudence and reasonableness by the Commission. In addition, capital expenditures for the removal, retirement and replacement of damaged facilities charged to cover storm-related damages must exclude the normal cost for the removal, retirement and replacement of those facilities in the absence of a storm. The utility must notify the Commission Clerk in writing for each incident expected to exceed 1.5 percent of jurisdictional revenues for the most recent calendar year.

(e) The types of storm related costs allowed to be charged to the reserve under the ICCA methodology include the following:

1. Additional contract labor hired for storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of contract labor costs charged to operation and maintenance expense for the same month in the three previous calendar years. The utility may adjust historical monthly contract labor costs charged to operation and maintenance expense from calculated monthly average. Each adjustment must be accompanied by a detailed explanation of the nature and derivation of the adjustment;

2. Logistics costs of providing meals, lodging, and linens for tents and other staging areas;

3. Transportation of crews and other personnel for storm restoration;

4. Vehicle costs for vehicles specifically rented for storm restoration activities;

5. Waste management costs specifically related to storm restoration activities;

6. Rental equipment specifically related to storm restoration activities;

7. Materials and supplies used to repair and restore service and facilities to pre-storm condition, excluding those costs that normally would be charged to non-cost recovery clause operating expenses in the absence of a storm;

8. Payroll and payroll-related costs for utility personnel included in storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of payroll and payroll-related costs charged to operation and maintenance expense for the same month in the three previous calendar years. The utility may adjust historical monthly payroll and payroll-related costs charged to operation and maintenance expense from calculated monthly average. Each adjustment must be accompanied by a detailed explanation of the nature and derivation of the adjustment;

9. Fuel cost for company and contractor vehicles used in storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of fuel costs charged to operation and maintenance expense for the same month in the three previous calendar years. The utility may adjust historical monthly fuel costs charged to operation and maintenance expense from calculated monthly average. Each adjustment must be accompanied by a detailed explanation of the nature and derivation of the adjustment;

10. Cost of public service announcements regarding key storm-related issues, such as safety and service restoration estimates;

11. Vegetation management expenses specifically related to storm restoration activities incurred in any month in which storm damage restoration activities are conducted, that are greater than the actual monthly average of vegetation management costs charged to operation and maintenance expense for the same month in the previous three calendar years. The utility may adjust historical monthly vegetation management costs charged to operation and maintenance expense from calculated monthly average. Each adjustment must be accompanied by a detailed explanation of the nature and derivation of the adjustment; and

12. Other costs or expenses not specifically identified in subparagraphs (1)(e)1. through (1)(e)11. that are directly and solely attributable to a storm restoration event.

(f) The types of storm related costs prohibited from being charged to the reserve under the ICCA methodology include the following:

1. Bonuses or any other special compensation for utility personnel not eligible for overtime pay;

2. Depreciation expenses, insurance costs and lease expenses for utility-owned or utility-leased vehicles and aircraft;

3. Utility employee assistance costs;

4. Utility employee training costs incurred prior to 72 hours before the storm event;

5. Utility advertising, media relations or public relations costs, except for public service announcements regarding key storm-related issues as listed above in subparagraph (1)(e)10.;

6. Utility call center and customer service costs, except for non-budgeted overtime or other non-budgeted incremental costs associated with the storm event;

7. Utility lost revenues from services not provided; and

8. Replenishment of the utility’s materials and supplies inventories.

(g) Under the ICCA methodology for determining the allowable costs to be charged to cover storm-related damages, certain costs may be charged to Account 228.1 only after review and approval by the Commission. Prior to the Commission’s determination of the appropriateness of including such costs in Account No. 228.1, the costs may be deferred in Account No. 186, Miscellaneous Deferred Debits. The deferred costs must be incurred prior to June 1 of the year following the storm event. By September 30 a utility must file a petition for the disposition of any costs deferred prior to June 1 of the year following the storm event giving rise to the deferred costs. These costs include the following:

1. Costs of normal non-storm related activities which must be performed by employees or contractors not assigned to storm damage restoration activities (“back-fill work”) or normal non-storm related activities which must be performed following the restoration of service after a storm by an employee or contractor assigned to storm damage restoration activities in addition to the employee’s or contractor’s regular activities (“catch-up work”); and

2. Uncollectible accounts expenses.

(h) A utility may, at its own option, charge storm-related costs as operating expenses rather than charging them to Account No. 228.1. The utility must notify the Commission Clerk in writing and provide a schedule of the amounts charged to operating expenses for each incident exceeding 0.5 percent of jurisdictional revenues for the most recent calendar year. The schedule must be filed annually by February 15 of each year for information pertaining to the previous calendar year.

(i) If the charges to Account No. 228.1 exceed the account balance, the excess must be carried as a debit balance in Account No. 182.3 and no request for a deferral of the excess or for the establishment of a regulatory asset is necessary.

(j) A utility may petition the Commission for the recovery of a debit balance in Account No. 182.3 discussed in paragraph (1)(i) plus an amount to replenish the storm reserve through a surcharge, securitization or other cost recovery mechanism.

(k) A utility must not establish or change an annual accrual amount or a target accumulated balance amount for Account No. 228.1 without prior Commission approval.

(l) Each utility must file a Storm Damage Self-Insurance Reserve Study (Study) with the Commission Clerk by January 15, 2022 and at least once every 5 years thereafter from the submission date of the previously filed study. A Study must be filed whenever the utility is seeking a change to either the target accumulated balance or the annual accrual amount for Account No. 228.1. At a minimum, the Study must include data for determining a target balance for, and the annual accrual amount to, Account No. 228.1.

(2) Account No. 228.2 Accumulated Provision for Injuries and Damages.

(a) This account may be established to meet the probable liability, not covered by insurance, for deaths or injuries to employees or others and for damages to property neither owned nor held under lease by the utility. When liability for any injury or damage is admitted or settled by the utility either voluntarily or because of the decision of a Court or other lawful authority, such as a workman’s compensation board, the admitted liability or the amount of the settlement must be charged to this account.

(b) Charges to this account must be made for all losses covered. Detailed supporting records of charges made to this account must be maintained in such a way that the year the event occurred which gave rise to the loss can be associated with the settlement. Recoveries or reimbursements for losses charged to the account must be credited to the account.

(3) Account No. 228.4 Accumulated Miscellaneous Operating Provisions.

(a) This account may be established for operating provisions which are not covered elsewhere. This account must be maintained in such a manner as to show the amount of each separate provision established by the utility and the nature and amounts of the debits and credits thereto. Each separate provision must be identified as to purpose and the specific events to be charged to the account to ensure that all such events and only those events are charged to the provision accounts.

(b) Charges to this account must be made for all costs or losses covered. Recoveries or reimbursements for amounts charged to this account must be credited hereto.

(4)(a) The provision level and annual accrual rate for each account listed in subsections (1) through (3) must be evaluated at the time of a rate proceeding and adjusted as necessary. However, a utility may petition the Commission for a change in the provision level and accrual outside a rate proceeding.

(b) If a utility elects to use any of the above listed accumulated provision accounts, each and every loss or cost which is covered by the account must be charged to that account and must not be charged directly to expenses except as provided for in paragraphs (1)(f), (1)(g) and (1)(h). Charges must be made to accumulated provision accounts regardless of the balance in those accounts.

(c) No utility must fund any account listed in subsections (1) through (3) unless the Commission approves such funding. Existing funded provisions which have not been approved by the Commission must be credited by the amount of the funded balance with a corresponding debit to the appropriate current asset account, resulting in an unfunded provision.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 350.115, 366.04(2)(a) FS. History‒New 6-28-21.

Fla. Admin. Code R. 25-7.015 Location and Preservation of Records

(1) All records that a utility is required to keep, by reason of these or other rules prescribed by the Commission, shall be kept at the office or offices of the utility within the state, unless otherwise authorized by the Commission. Such records shall be open for inspection by the Commission or its authorized representatives at any and all reasonable times.

(2) Any utility that keeps its records outside of the state shall reimburse the Commission for the reasonable travel expenses incurred by each Commission representative during any review of the out-of-state records of the utility or its affiliates. Reasonable travel expenses are those travel expenses that are equivalent to travel expenses paid by the Commission in the ordinary course of its business.

(a) The utility shall remit reimbursement for out-of-state travel expenses within 30 days from the date the Commission mails the invoice.

(b) The reimbursement requirement in subsection (2) shall be waived for any utility that makes its out-of-state records available at the utility’s office located in Florida or at another mutually agreed upon location in Florida within 10 working days from the Commission’s initial request. If the utility demonstrates that 10 working days is not reasonable because of the complexity and nature of the issues involved or the volume and type of material requested, the Commission will establish a different time frame for the utility to bring records into the state. For individual data requests made during an audit, the response time frame established in Rule 25-7.0151, F.A.C., shall control.

(3) All records shall be preserved in accordance with the Federal Energy Regulatory Commission’s regulations, Title 18, Subchapter F, Part 225, Code of Federal Regulations, entitled “Preservation of Records of Natural Gas Companies” (2013), which is incorporated by reference into this rule, with the exception of the records listed in paragraph (3)(a) of this rule and may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04829. Instead, utilities shall retain records listed in paragraph (3)(a) of this rule for the periods indicated.

(a) The Code of Federal Regulations Items listed below are exceptions to the Schedule of Records and Periods of Retention contained in Title 18, Subchapter F, Section 225.3, Code of Federal Regulations:

1. Item 2(a), minute books of stockholders’, directors’, and directors’ committee meetings, earlier of 20 years or termination of corporation’s existence;

2. Item 6(a)(1), general ledgers, 20 years;

3. Item 6(a)(2), ledgers subsidiary or auxiliary, 20 years;

4. Item 7, journals: general and subsidiary, 20 years;

5. Item 8(a), journal vouchers and journal entries, 20 years;

6. Item 20(a), appraisals and valuations made by the company of its properties or investments or of the properties or investments of any associated companies (includes all records essential thereto), 10 years after appraisal.

(b) All source documents retained as required by Title 18, Subchapter F, Part 225, Code of Federal Regulations, shall be maintained in their original form for a minimum of three years, or for any lesser period of time specified for that type of record in Title 18, Subchapter F, Part 225, Code of Federal Regulations, after the date the document was created or received by the utility. This paragraph does not require the utility to create paper copies of documents where the utility would not otherwise do so in the ordinary course of its business. The utility may request approval to waive the requirement that documents be retained in their original form. The utility must show that the utility employs a storage and retrieval system that consistently produces clear, readable copies that are identical to the originals, including any handwritten notations on documents.

(c) The utility shall maintain written procedures governing the conversion of source documents to a storage and retrieval system, which procedures ensure the authenticity of documents and the completeness of records. Records maintained in the storage and retrieval system must be searchable and readable.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.05(1), (9), (11), 366.08, 366.093(1) FS. History–New 7-19-72, Repromulgated 1-8-75, Amended 5-4-75, 12-30-75, 9-28-81, 11-18-82, Formerly 25-7.15, Amended 10-1-86, 4-3-88, 11-13-95, 12-8-03, 2-2-15.

Fla. Admin. Code R. 25-7.0151 Audit Access to Records

This rule addresses the reasonable access to utility and affiliate records provided for in Section 366.093(1), F.S., for the purposes of management and financial audits.

(1) The audit scope, audit program and objectives, and audit requests are not constrained by relevancy standards narrower than those provided by Section 366.093(1), F.S.

(2) Reasonable access means that company responses to audit requests for access to records shall be fully provided within the time frame established by the auditor. In establishing a due date, the auditor shall consider the location of the records, the volume of information requested, the number of pending requests, the amount of independent analysis required, and reasonable time for the utility to review its response for possible claims of confidentiality or privilege.

(3) In those instances where the utility disagrees with the auditor’s assessment of a reasonable response time to the request, the utility shall first attempt to discuss the disagreement with the auditor and reach an acceptable revised date. If agreement cannot be reached, the utility shall discuss the issue with successive levels of supervisors at the Commission until an agreement is reached. If necessary, a final decision shall be made by the Prehearing Officer. If the audit is related to an undocketed case, the Chairman shall make the decision.

(4) The utility and its affiliates shall have the opportunity to safeguard their records by copying them or logging them out, provided, however, that safeguard measures shall not be used to prevent reasonable access by Commission auditors to utility or affiliate records.

(5) Reasonable access to records includes reasonable access to personnel to obtain testimonial evidence in response to inquiries or through interviews.

(6) Nothing in this rule shall preclude Commission auditors from making copies or taking notes. In the event these notes relate to documents for which the company has asserted confidential status, such notes shall also be given confidential status.

(7) Form PSC/APA 6 (2/95), is entitled “Audit Document And Record Request/Notice of Intent” is incorporated by reference into this rule. This form is used by auditors when requests are formalized. This form documents audit requests, the due dates for responses, and all Notices of Intent to Seek Confidential Classification.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.093(1) FS. History–New 2-28-95.

Fla. Admin. Code R. 25-7.016 System Maps and Records

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.16, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.017 Operating Records

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), 366.06 FS. History–New 10-20-73, Amended 1-8-75, 5-4-75, Formerly 25-7.17, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.018 Record of Interruptions

Each utility shall keep a complete record of all interruptions affecting the lesser of 10 percent (10%) or 500 or more of its division meters; such record shall show cause for interruption, date, time, duration, remedy, and steps taken to prevent recurrence. The Commission shall be notified of any such interruptions as soon as they come to the attention of the utility and a complete report made after restoration of service.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.18.

Fla. Admin. Code R. 25-7.019 Record of Applications for Service

Each utility shall accept and keep a record of each application for service within its service area. The record shall show the name and address of the applicant, date of application, date service is desired and, in those instances where service is not initiated promptly, the reason for the delay. Such records shall be preserved until service is made available or as otherwise provided under subsection 25-7.015(2), F.A.C.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.19.

Fla. Admin. Code R. 25-7.020 Record of Complaints

Each utility shall keep a record of all complaints received, which record shall show the name and address of the complainant, the date and time of day received, the nature of the complaint, the result of any investigation, the disposition of the complaint and the date of such disposition. See subsection 25-7.080(1), F.A.C., for definition of “complaint” for purpose of this rule.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.20.

Fla. Admin. Code R. 25-7.021 Records of Meters and Meter Tests

(1) There shall be kept by each utility a permanent meter record, indicating for each meter owned or used by the utility for any purpose, the date of purchase, identification number, size or capacity, date and place of each installation and removal for the last three locations where the meter was installed. These records shall be preserved until the meter is destroyed or permanently removed from service.

(2) The original test data shall be recorded on the utilities’ standard forms and preserved at least until superseded by a later test. These records shall indicate (1) sufficient information to identify the meter; (2) the reason for the test; (3) the date of the test and reading of the meter; (4) the computed accuracy both “as found” and “as left”; (5) repairs made, if any; and (6) identification of the person performing test.

(3) Every gas utility shall, upon request, report a summary of the “as found” tests in such form as may be designated by the Commission.

(4) Every gas utility shall file a report with the Commission Clerk on or before February 10 of each year on such forms as may be prescribed. Such reports shall contain complete information regarding number of meters in service according to installation date, number of meters tested, meters past due for tests, refunds and all other information requests.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.21.

Fla. Admin. Code R. 25-7.022 Customer Account Records

Each utility shall keep a record of each customer’s account in such manner as will permit reproduction of the customer’s bill for any billing period occurring within the period required to comply with subsection 25-7.015(2) and Rule 25-7.087, F.A.C.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 6-1-73, Amended 4-1-69, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.22.

Fla. Admin. Code R. 25-7.023 Interest on Customer Deposits

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03 FS. History–New 10-20-73, Amended 1-8-75, 5-4-75, Formerly 25-7.23, Repealed 6-15-76.

Fla. Admin. Code R. 25-7.024 Rate of Return Report

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.117(1), 366.04(2)(f), 366.05(1) FS. History–New 11-18-82, Formerly 25-7.24, Amended 4-23-92, Repealed 6-9-94.

Fla. Admin. Code R. 25-7.033 Tariffs

(1) Any utility may adopt such additional uniform non-discriminatory rules and regulations governing its relations with customers as it finds necessary or desirable and which are not inconsistent with these rules. Such rules and regulations shall constitute an integral part of the utility’s tariffs and be filed with them.

(2) Each utility shall file with the Commission tariffs containing schedules for all rates and charges and copies of all rules and regulations governing the relation of customer and utility. Such tariff filing shall be in the manner and form as prescribed by the Commission under separate rules entitled “Construction and Filing of Tariffs by Public Utilities.”

(3) No rules and regulations, or schedules of rates or charges, or modifications or revisions of the same, shall be effective until filed with and approved by the Commission as provided by law.

(4) A copy of the rules contained herein, as promulgated and adopted by the Commission, also a copy of the rate schedules and rules and regulations of the utility as filed with the Commission, shall be kept on file in the local commercial offices of the utility for inspection by the customers upon request.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), 366.06 FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.33.

Fla. Admin. Code R. 25-7.0335 Transportation Service

(1) Each utility must offer the transportation of natural gas to all non-residential customers. Each utility may offer the transportation of natural gas to residential customers when it is cost-effective to do so.

(2) In order to meet the objective set out in subsection (1), each utility must file a transportation service tariff with the Commission by July 1, 2000. Each tariff must include in its rules and regulations the utility’s policy governing the transportation of natural gas. Each tariff must also comply with Rule 25-7.033, F.A.C. In addition, each tariff must set out the following terms and conditions:

(a) The utility is responsible for the transportation of natural gas purchased by the customer. The utility is not responsible for providing natural gas to a customer that elects service under the transportation service tariff. If the customer’s marketer, broker, or agent fails to provide the customer with natural gas, the utility may disconnect service to the customer or provide natural gas under its otherwise applicable tariff provision.

(b) For customers that engage a marketer, broker, or agent to arrange and oversee the customer’s gas purchase, the utility must obtain from that customer a statement that identifies the legal name, street address, mailing address if different from street address, and phone number of the marketer, broker, or agent.

(c) At the customer’s request, the utility must provide an historical monthly usage summary with sufficient detail so that the customer can calculate its Maximum Daily Transportation Quantity (MDTQ). The utility may charge a cost-based fee for this summary.

(3) The utility must apply its transportation service tariff provisions in the same manner to all similarly situated affiliated and non-affiliated marketers, brokers, and agents.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.03 FS. History–New 4-23-00.

Fla. Admin. Code R. 25-7.034 Design and Construction of Plant

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.34, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.035 Inspection of Plant

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.35, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.036 Extent of System Which Utility Shall Maintain

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.36, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.037 Change in Character of Service

A utility shall not make any changes in heating value, pressure, specific gravity, gas composition, or other condition or characteristic of the gas it delivers which would impair the safe, efficient utilization of the gas in customers’ appliances without tariff revisions setting forth the changes, the prior approval of the Commission, and adequate notice to the customers. Any such change by the utility shall be accompanied by a general inspection and adjustment of all appliances that would be affected thereby to the extent necessary that such appliances may operate as efficiently and give as good service as was possible before the change. This shall be done promptly, without direct charge, and with a minimum of inconvenience to the customer.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.03, 366.05(1) FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.37, Amended 7-19-06.

Fla. Admin. Code R. 25-7.038 Response to Commission Staff Inquiries

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), 366.05(3) FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.38, Repealed 11-28-12.

Fla. Admin. Code R. 25-7.039 Natural Gas Utility Petition for Rate Increase; Commission Designee

(1) General Filing Instructions.

(a) The petition under Sections 366.06 and 366.071, F.S., for an adjustment of rates must include or be accompanied by:

1. The information required by Commission Form PSC 1027 (12/20), entitled “Minimum Filing Requirements for Investor Owned Natural Gas Utilities,” which is incorporated into this rule by reference, and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12643. This form is also available on the Commission’s website, www.floridapsc.com.

2. The exact name of the applicant and the address of the applicant’s principal place of business.

3. Prepared direct testimony and exhibits for each witness testifying on behalf of the utility. Each witness’s prefiled testimony and exhibits shall be on numbered pages and all exhibits shall be attached to the witness’s testimony.

(b) In compiling the required schedules, a utility must follow the policies, procedures and guidelines prescribed by the Commission in relevant rules and in the utility’s last rate case or in a more recent rate case involving a comparable utility.

(c) Each schedule must be cross-referenced to identify related schedules as either supporting schedules and/or recap schedules. If a schedule requires certain information, a utility may on that schedule reference a different schedule that provides that same information.

(d) The dimensions of each page, regardless of format, must be 8 ½ by 11 inches, and each page must be numbered.

(e) Except for handwritten official utility records, all data in the petition, testimony, exhibits and minimum filing requirements must be typed.

(f) Each schedule must indicate the name of the witness responsible for its presentation.

(g) All schedules involving investment data must be completed on an average investment basis. Unless a specific schedule requests otherwise, average is defined as the average of thirteen (13) monthly balances.

(h) The filing, consisting of the petition and its supporting attachments, testimony, and exhibits, must be e-filed by the utility with the Office of Commission Clerk. Ten paper copies of the filing, clearly labeled “COPY,” and Commission Form PSC 1027 (12/20) in Microsoft Excel format with formulas intact and unlocked, must be provided to the Office of Commission Clerk within seven calendar days of the electronic filing. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by e-mail.

(i) Any proposed corrections, updates or other changes to the original filing must by e-filed by the utility with the Office of Commission Clerk. Ten paper copies of the proposed corrections, updates or other changes, clearly labeled “COPY,” and any schedules in Commission Form PSC 1027(12/20) that have been changed must be provided to the Office of Commission Clerk within seven calendar days of the electronic filing. Any schedules in Commission Form PSC 1027 (12/20) that have been changed must be provided in Microsoft Excel format with formulas intact and unlocked. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by email. On the same day as the e-filing, the utility must serve an electronic copy of the filing on each party.

(2) The Director of the division that has been assigned the primary responsibility for the filing is the Commission designee for purposes of determining whether the utility has met the minimum filing requirements imposed by this rule.

History

• Rulemaking Authority 350.127(2), 366.05(1), 366.06(1) FS. Law Implemented 366.06(1), (3), 366.071 FS. History–New 5-27-81, Formerly 25-7.39, Amended 11-21-89, 1-27-21.

Fla. Admin. Code R. 25-7.0391 Petition for a Limited Proceeding

A petition for a limited proceeding shall include:

(1) A list of all issues the petitioner believes should be decided;

(2) A detailed statement of the reason(s) why the limited proceeding has been requested and why a limited proceeding is the appropriate type of proceeding for consideration of the requested relief;

(3) A schedule showing the specific rate base components for which the utility seeks recovery, on both a system and jurisdictional basis, if the utility is requesting recovery of rate base components;

(4) A detailed description of the expense(s) requested on both a system and jurisdictional basis, if the utility is requesting recovery of operating expenses;

(5) A schedule showing how the utility proposes to allocate any change in revenues to rate classes, and the proposed rates, if the petition requests a change in retail rates; and

(6) Any other information that the utility deems relevant.

History

• Rulemaking Authority 350.127(2), 366.05, 366.06(1) FS. Law Implemented 366.05(1), 366.06(1), 366.076(1) FS. History‒New 10-8-13.

Fla. Admin. Code R. 25-7.040 Interim Rate Relief

(1) Each natural gas utility petitioning for interim rate relief pursuant to Section 366.071, F.S., shall file the data required in paragraph 25-7.039(1)(a), F.A.C.

(2)(a) Interim rates shall apply across the board based on base rate revenues for the test period less base gas revenue by rate schedule. The resulting dollar amount shall be divided by base rate revenues per rate schedule to determine the percent increase applied to each rate schedule.

(b) In determining the interim increase, the following data shall be provided by rate schedule: Therm sales; base rate revenue less base gas cost; base gas revenue; total base rate revenue; purchased gas adjustment revenue; total revenue. The interim increase shall be shown by dollar amount and percentage by rate schedule calculated in the following manner:

I.

Required Interim

Across the board

Revenue Relief

percentage constant

Base rate revenue

less base gas cost

II.

Percentage Constant

×

Base rate Revenue less base gas cost

=

Dollar increase to rate schedule

III.

Dollar Increase

Percent increase

Total base rate

applied to

Revenue

rate schedule

(3) Interim rate relief collected is subject to refund pending final order in the permanent rate relief request. Such increase shall be subject to a corporate undertaking or under bond as authorized by the Commission and any refund shall be made with an interest factor determined by using the 30-day commercial paper rate for highgrade, unsecured notes, sold through dealers by major corporations in multiples of $1,000, as regularly published in the Wall Street Journal. The annual rate as published on the first day of the current business month would be added to the rate as published on the first day of the subsequent business month and halved to obtain the simple average rate to be applied in that month. This rate of interest would be applied to the refund amount for that month. The amount of interest calculated would be added to the beginning balance of the following month so as to accomplish the compounding of the interest feature of the refund provision.

History

• Rulemaking Authority 366.05(1), 366.071 FS. Law Implemented 366.06(3), 366.071 FS. History–New 5-27-81, Formerly 25-7.40.

Fla. Admin. Code R. 25-7.041 Natural Gas Utility Modified Minimum Filing Requirements Report

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.06(3) FS. History–New 6-6-91, Repealed 10-10-95.

Fla. Admin. Code R. 25-7.042 Recovery of Economic Development Expenses

(1) Pursuant to Section 288.035, F.S., the Commission shall allow a public utility to recover reasonable economic development expenses subject to the limitations contained in subsections (3) and (4), provided that such expenses are prudently incurred and are consistent with the criteria established in subsection (7).

(2) Definitions.

(a) “Economic Development” means those activities designed to improve the quality of life for all Floridians by building an economy characterized by higher personal income, better employment opportunities, and improved business access to domestic and international markets.

(b) “Economic development organization” means a state, local, or regional public or private entity within Florida that engages in economic development activities, such as city and county economic development organizations, chambers of commerce, Enterprise Florida, the Florida Economic Development Council, and World Trade Councils.

(c) “Trade show” means an exhibition at which companies, organizations, communities, or states advertise or display their products or services, in which economic development organizations attend or participate to identify potential industrial prospects, to provide information about the locational advantages of Florida and its communities, or to promote the goods and services of Florida companies.

(d) “Prospecting mission” means a series of meetings with potential industrial prospects at their business locations with the objectives of convincing the prospect that Florida is a good place to do business and offers unique opportunities for that particular business, and encouraging the prospect to commit to a visit to Florida if a locational search is pending or in progress.

(e) “Strategic plan” means a long-range guide for the economic development of a community or state that focuses on broad priority issues, is growth-oriented, is concerned with fundamental change, and is designed to develop and capitalize on new opportunities.

(f) “Recruitment” means active efforts to encourage specific companies to expand or begin operations within Florida.

(3) Prior to each utility’s next rate change enumerated in subsection (6), the amounts reported for surveillance reports and earnings review calculations shall be limited to the greater of (a) the amount approved in each utility’s last rate case escalated for customer growth since that time, or (b) 95 percent of the expenses incurred for the reporting period so long as such does not exceed the lesser of 0.15 percent of gross annual revenues or $3 million.

(4) At the time of each utility’s next rate case and for subsequent rate proceedings enumerated in subsection (5) the Commission will determine the level of sharing of prudent economic development costs and the future treatment of these expenses for surveillance purposes.

(5) Each utility shall report its total economic development expenses as a separate line item on its income statement schedules filed with the earnings surveillance report required by Rule 25-7.1352, F.A.C. Each utility shall make a line item adjustment on its income statement schedule to remove the appropriate percentage of economic development expenses incurred for the reported period consistent with subsections (3) and (4).

(6) Requests for changes relating to recovery of economic development expenses shall be considered only in the context of a full revenue requirements rate case or in a limited scope proceeding for the individual utility.

(7) All financial support for economic development activities given by public utilities to state and local governments and organizations shall be pursuant to a prior written agreement. Recoverable economic development expenses shall be limited to the following:

(a) Expenditures for operational assistance, including:

1. Planning, attending, and participating in trade shows;

2. Planning, conducting, and participating in prospecting missions designed to encourage the location in Florida of domestic and foreign companies;

3. Providing financial support to economic development organizations to assist with their economic development operations;

4. Providing financial support to economic development programs or initiatives identified or developed by Enterprise Florida, Inc.;

5. Participating in joint economic development efforts, including public-private partnerships, consortia, and multi-county regional initiatives;

6. Participating in downtown revitalization and rural community developmental programs;

7. Supporting state and local efforts to promote small and minority-owned business development efforts; and

8. Supporting state and local efforts to promote business retention and expansion activities.

(b) Expenditures for assisting state and local governments in the design of strategic plans for economic development activities, including:

1.Making financial contributions to state and local governments to assist strategic planning efforts; and

2. Providing technical assistance, data, computer programming, and financial support to state and local governments in the design and maintenance of information systems used in strategic planning activities.

(c) Expenditures of marketing and research services, including;

1. Assisting state and local governments and economic development organizations in marketing specific sites for business and industry development or recruitment;

2. Assisting state and local governments and economic development organizations in responding to inquiries from business and industry concerning the development of specific sites within the utility’s service area;

3. Providing technical assistance, data, computer programming, and financial support to state and local governments in the design and maintenance of geographic information systems, computer networks, and other systems used in marketing and research activities;

4. Providing financial support to economic development organizations to assist with their research and marketing activities;

5. Sponsoring publications, conducting direct mail campaigns, and providing advertising support for state and local economic development efforts;

6. Participating in cooperative marketing efforts with economic development organizations;

7. Helping state and local businesses identify suppliers, markets, and sources of financial assistance;

8. Helping economic development organizations identify specific industries and companies for targeting and recruitment;

9. Working with economic development organizations to identify businesses in need of help for expansion, going out of business, or at risk of leaving the area;

10. Providing site and facility selection assistance, including lists of commercial or industrial sites, computer databases, toll-free telephone numbers, maps, photographs, videos, and other activities in cooperation with economic development organizations; and

11. Supporting state and local efforts to promote exports of goods and services, and other international business activities.

History

• Rulemaking Authority 288.035(3), 350.127(2) FS. Law Implemented 288.035 FS. History–New 7-17-95, Amended 6-2-98, 9-25-00.

Fla. Admin. Code R. 25-7.045 Depreciation

(1) For the purpose of this rule, the following definitions shall apply:

(a) Category or Category of Depreciable Plant – A grouping of plant for which a depreciation rate is prescribed. At a minimum it shall include each plant account prescribed in Rule 25-7.046, F.A.C.

(b) Embedded Vintage – A vintage of plant in service as of the date of study or implementation of proposed rates.

(c) Mortality Data – Historical data by study category showing plant balances, additions, adjustments and retirements, used in analyses for life indications or for calculations of realized life. This is aged data in accord with the following:

1. The number of plant items or equivalent units (usually expressed in dollars) added each calendar year.

2. The number of plant items retired (usually expressed in dollars) each year and the distribution by years of placing of such retirements.

3. The net increase or decrease resulting from purchases, sales or adjustments and the distribution by years of placing of such amounts.

4. The number that remains in service (usually expressed in dollars) at the end of each year and the distribution by years of placing of such amounts.

(d) Net Book Value ‒ The book cost of an asset or group of assets minus the accumulated depreciation or amortization reserve associated with those assets.

(e) Remaining Life Techique – The method of calculating a depreciation rate based on the unrecovered plant balance, the average future net salvage and the average remaining life. The formula is:

Remaining Life Rate = 100% - Reserve % - Average Future Net Salvage %

Average Remaining Life in Years

(f) Reserve (Accumulated Depreciation) – The amount of depreciation/amortization expense, salvage, cost of removal, adjustments, transfers, and reclassifications accumulated to date.

(g) Reserve Data – Historical data by study category showing reserve balances, debits and credits, such as booked depreciation expense, salvage and cost of removal, and adjustments to the reserve utilized in monitoring reserve activity and position.

(h) Reserve Deficiency – An inadequacy in the reserve of a category as evidenced by a comparison of that reserve indicated as necessary under current projections of life and salvage with that reserve historically accrued. The latter figure may be available from the utility’s records or may require retrospective calculation.

(i) Reserve Surplus – An excess in the reserve of a category as evidenced by a comparison of that reserve indicated as necessary under current projections of life and salvage with that reserve historically accrued. The latter figure may be available from the utility’s records or may require retrospective calculation.

(j) Salvage Data – Historical data by study category showing bookings of retirements, gross salvage and cost of removal used in analysis of trends in gross salvage and cost of removal or for calculations of realized salvage.

(k) Theoretical Reserve or Prospective Theoretical Reserve – A calculated reserve based on components of the proposed rate using the formula:

Theoretical Reserve = Book Investment – Future Accruals – Future Net Salvage.

(l) Vintage – The year of placement of a group of plant items or investment under study.

(m) Whole Life Techique – The method of calculating a depreciation rate based on the whole life (average service life) and the average net salvage. Both life and salvage components are the estimated or calculated composite of realized experience and expected activity. The formula is:

Whole Life Rate = 100% ‒ Average Net Salvage %

Average Service Life in Years

(2)(a) No utility shall change any existing depreciation rate or initiate any new depreciation rate without prior Commission approval.

(b) No utility shall reallocate accumulated depreciation reserves among any primary accounts and sub-accounts without prior Commission approval.

(c) When plant investment is booked as a transfer from a regulated utility depreciable account to another or from a regulated company to an affiliate, its associated reserve amount shall also be booked as a transfer. When plant investment is sold from one regulated utility to an affiliate, the associated reserve amount shall also be determined to calculate the net book value of the utility investment being sold. Methods for determining the reserve amount associated with plant transferred or sold are as follows:

1. Where vintage reserves are not maintained, synthesization using the currently prescribed curve shape shall be required. The same reserve percent associated with the original placement vintage of the related investment shall then be used in determining the amount of reserve to transfer.

2. Where the original placement vintage of the investment being transferred is unknown, the reserve percent applicable to the account in which the investment being transferred resides shall be assumed for determining the reserve amount to transfer.

3. Where the age of the investment being transferred is known and a history of the prescribed depreciation rates is known, a reserve can be determined by multiplying the age times the investment times the applicable depreciation rate(s).

4. The Commission shall consider any additional methods submitted by the utilities for determining reserve amounts to transfer.

(3)(a) Each utility shall maintain depreciation rates and accumulated depreciation reserves in accounts or subaccounts in accordance with the Uniform System of Accounts for Natural Gas Companies (USOA) as found in the Code of Federal Regulations, Title 18, Subchapter F, Part 201, as revised April 1, 2013, which is incorporated by reference in subsection 25-7.014(1), F.A.C. Utilities may maintain further sub-categorization.

(b) Upon establishing a new account or subaccount classification, each utility shall request Commission approval of a depreciation rate for the new plant category.

(4)(a) Each company shall file a study for each category of depreciable property for Commission review at least once every five years from the submission date of the previous study or pursuant to Commission order and within the time specified in the order. A utility filing a depreciation study, regardless if a change in rates is being requested or not, shall submit to the Office of Commission Clerk the information required by paragraphs (5)(a) through (g) of this rule in electronic format with formulas intact and unlocked.

(b) A utility proposing an effective date of the beginning of its fiscal year shall submit its depreciation study no later than the mid-point of that fiscal year.

(c) A utility proposing an effective date coinciding with the expected date of additional revenues initiated through a rate case proceeding shall submit its depreciation study no later than the filing date of its Minimum Filing Requirements.

(d) The plant balances may include estimates. Submitted data including plant and reserve balances or company planning involving estimates shall be brought to the effective date of the proposed rates.

(e) The possibility of corrective reserve transfers shall be investigated by the Commission prior to changing depreciation rates.

(f) Upon Commission approval by final order establishing an effective date, the utility shall reflect on its books and records the implementation of the depreciation rates approved by the Commission.

(5) A depreciation study shall include:

(a) A comparison of current and proposed depreciation components for each category of depreciable plant. Components include average service life, age, curve shape, net salvage, and average remaining life.

(b) A comparison of current and proposed annual depreciation rates and expenses. The comparison of current and proposed rates shall identify the proposed effective date for the proposed rates. The comparison of current and proposed annual expenses shall be calculated using current and proposed rates for each category of depreciable plant. Plant balances, reserve balances and percentages, remaining lives, and net salvage percentages shall be included in this comparison for each category of plant.

(c) Each recovery and amortization schedule currently in effect shall be included with any new filing showing total amount amortized, effective date, length of schedule, annual amount amortized and reason for the schedule.

(d) A comparison of the accumulated book reserve to the prospective theoretical reserve based on proposed rates and components for each category of depreciable plant to which depreciation rates are to be applied.

(e) A general narrative describing the service environment of the applicant company and the factors, e.g., growth, technology, physical conditions, leading to the present application for a revision in rates.

(f) An explanation and justification for each study category of depreciable plant defining the specific factors that justify the life and salvage components and rates being proposed. Each explanation and justification shall include substantiating factors utilized by the utility in the design of the depreciation rates for the specific category, e.g., company planning, growth, technology, physical conditions, trends. The explanation and justification shall discuss any proposed transfers of reserve between categories or accounts intended to correct deficient or surplus reserve balances. It shall also state any statistical or mathematical methods of analysis or calculation used in design of the category rate.

(g) All calculations, analysis and numerical basic data used in the design of the depreciation rate for each category of depreciable plant. Numerical data shall include plant activity (gross additions, adjustments, retirements, and plant balance at end of year) as well as reserve activity (retirements, accruals for depreciation expense, salvage, cost of removal, adjustments, transfers and reclassifications and reserve balance at end of year) for each year of activity from the date of the last submitted study to the date of the present study. When available, retirement data shall be aged.

(h) The mortality and salvage data used by the company in the depreciation rate design must agree with activity booked by the utility. Unusual transactions not included in life or salvage studies, e.g., sales or extraordinary retirements, must be specifically enumerated and explained.

(i) Calculations of depreciation rates using both the whole life technique and the remaining life technique. The use of these techniques is required for all depreciable categories. Utilities may submit additional studies or methods for consideration by the Commission.

(6) As part of the filing of the annual report under subsection 25-7.014(3), F.A.C., each utility shall include an annual depreciation status report. The annual depreciation status report shall be provided in electronic format. In the electronic format, the formulas must be intact and unlocked. The annual depreciation status report shall include booked plant activity (plant balance at the beginning of the year, additions, adjustments, transfers, reclassifications, retirements and plant balance at year end) and reserve activity (reserve balance at the beginning of the year, retirements, accruals, salvage, cost of removal, adjustments, transfers, reclassifications and reserve balance at end of year) for each category of investment for which a depreciation rate, amortization schedule, or capital recovery schedule has been approved. The report shall indicate for each category whether there has been a change of plans or utility experience since the filing of the last annual depreciation status report requiring a revision of the rates, amortization, or capital recovery schedules. For any category where current conditions indicate a need for revision of depreciation rates, amortization, or capital recovery schedules and no revision is sought, the report shall explain why no revision is requested.

(7)(a) Prior to the date of retirement of major installations, the Commission may approve capital recovery schedules to correct associated calculated deficiencies where a utility demonstrates that (1) replacement of an installation or group of installations is prudent, and (2) the associated investment will not be recovered by the time of retirement through the normal depreciation process.

(b) The Commission shall approve a special capital recovery schedule when an installation is designed for a specific purpose or for a limited duration.

(c) Associated plant and reserve activity, balances and the annual capital recovery schedule expense must be maintained as subsidiary records.

History

• Rulemaking Authority 350.127(2), 350.115, 366.05(1) FS. Law Implemented 350.115, 366.04(2(f), 366.06, 366.06(1) FS. History–New 11-11-82, Amended 1-6-85, Formerly 25-7.45, Amended 4-27-88, 12-12-91, 5-29-08, 4-28-16.

Fla. Admin. Code R. 25-7.046 Subcategories of Gas Plant for Depreciation

(1) The accounts under subsection (3) below are to be used in the design of depreciation rates. They are intended to group together items which are relatively homogeneous in their expected life and salvage characteristics. Reserve, mortality data, salvage and costs of removal shall be maintained accordingly for each depreciation category for which a depreciation rate is to be applied. This shall be done on the books of the company, or as a side record for depreciation study use only.

(2)(a) No company shall establish a new sub-account that would represent less than 10% of the original primary account unless it meets the following criteria:

1. Introduction of a new technology.

2. The present inclusion of an obsolescent/dying technology in a viable technology.

(b) Any company may further develop sub-accounts within the listed primary account as appropriate for its plant.

(3) The depreciation accounts listed below shall be in accordance with the Uniform System of Accounts for Natural Gas Companies (USOA) as found in the Code of Federal Regulations, Title 18, Subchapter F, Part 201, as revised April 1, 2013, which is incorporated by reference in subsection 25-7.014(1), F.A.C. New depreciation subaccounts shall be established under these accounts as listed in subsection 25-7.014(1), F.A.C.

(a) Local Storage Plant.

1. Structures and Improvements – (Account 361)

2. Gas Holders – (Account 362)

3. Other – (Account 363) – Equipment such as compressors, gauges and other instruments used in connection with the storage of gas in holders.

(b) Distribution Plant.

1. Structures and Improvements – (Account 375)

2. Mains – (Account 376) – The following sub-accounts shall be used:

a. Plastic

b. Other – cast iron, steel, etc.

3. Compressor Station Equipment – (Account 377)

4. Measuring and Regulating Equipment – General – (Account 378) – Equipment used in measuring and regulating gas in connection with distribution systems other than the measurements of gas deliveries to customers.

5. Measuring and Regulating Equipment – City Gate – (Account 379) – Equipment used in measuring of gas at entry points to distribution systems.

6. Services – (Account 380) – The following sub-accounts shall be used:

a. Plastic

b. Other – cast iron, steel, etc.

7. Meters – (Account 381)

8. Meter Installations – (Account 382)

9. Regulators – (Account 383)

10. Regulator Installations – (Account 384)

11. Industrial Measuring and Regulating Equipment – (Account 385)

12. Other Property on Customer’s Premises – (Account 386) – Investment of equipment owned by the company installed on the customer’s premises that is not includible in other accounts.

13. Other Equipment – (Account 387) – Investment in equipment used for the distribution system not included in any of the above accounts such as fire protection equipment, leak detectors, pipe locators.

(c) General Plant.

1. Structures and Improvements – (Account 390)

2. Office Furniture and Equipment – (Account 391) – The following sub-accounts shall be used:

a. Office Furniture – Regular office furniture and furnishings and miscellaneous equipment such as lounge equipment.

b. Office devices such as typewriters, calculating, reproducing, addressing, blueprinting, cash registers, check writers and other office machines.

c. Computers and peripheral equipment

3. Transportation Equipment – (Account 392) – The following sub-accounts shall be used:

a. Passenger cars and light trucks (trucks of one ton capacity or less)

b. Heavy trucks (trucks of greater than one ton capacity)

c. Special purpose vehicles such as trailers

d. Airplanes

4. Stores Equipment – (Account 393)

5. Tools, Shop and Garage Equipment – (Account 394)

6. Laboratory Equipment – (Account 395)

7. Power Operated Equipment – (Account 396)

8. Communication Equipment – (Account 397)

9. Miscellaneous Equipment – (Account 398) – Investment in miscellaneous equipment such as kitchen equipment, infirmary equipment.

(4) The accounts under subsection (3) shall be implemented as of the beginning of the next fiscal year following the adoption of this rule. As of that point in time:

(a) Reserve activity data, mortality activity data, salvage and costs of removal are to be recorded to these accounts for subsequent activity.

(b) The separation of embedded investments and reserves under prior accounts into balances relating to accounts under subsection (3) may require estimation. For accounts where vintage data is to be maintained, development of the vintaged distributions of those investments may require synthesization. Vintaged distribution of the reserves is not required.

(c) Where any existing accounts are compatible with those listed in subsection (3) for depreciation study purposes, those existing accounts shall be deemed to be in compliance with this rule.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), 366.06(1) FS. History–New 11-7-85, Formerly 25-7.46, Amended 4-28-16.

Fla. Admin. Code R. 25-7.0461 Capitalization Versus Expensing

(1) Except as provided in subsections (2)-(11) of this rule, the rules and definitions set forth below are intended to establish capitalization versus expensing guidelines and uniform retirement units for natural gas utilities and do not relieve any utility from maintaining its accounts and records in conformity with the Uniform System of Accounts prescribed by the Code of Federal Regulations, Title 18, Subchapter F, Part 201 (2013), which is incorporated by reference in Rule 25-7.014, F.A.C.

(2) For the purposes of this part, the following definitions shall apply:

(a) “Book Cost” means the amount at which a retirement unit is included in a plant account, including all components of labor and installation costs without deduction of related provisions for accrued depreciation. This cost should be determined from the utility’s records and if this cannot be done, it should be estimated.

(b) “Cost” means the original purchased cost plus associated labor and installation costs.

(c) “Cost of Removal” means the cost of demolishing, removing, tearing down or otherwise disposing of a retirement unit, including the cost of transportation and handling.

(d) “Cradle-To-Grave Accounting” means an accounting method which treats a unit of plant as being in service from the time it is first purchased until it is finally junked or is otherwise finally disposed of. The period in shop for refurbishing, and in stock/inventory awaiting reinstallation are treated as being in service.

(e) “Gross Salvage” means the amount received from selling or trading-in a retirement unit; or, if retained, the original (estimated if not known) material cost of the unit. (Original Material Cost = Book Cost Less Labor and Installation Cost)

(f) “Item” means a single identifiable unit of plant. Where a dollar amount (viz., $500 minimum for capitalization) is imposed, this amount limit shall apply to the single item and not to a block or group of such items purchased on one order.

(g) “Minor Item” means any part or element of plant which is not designated as a retirement unit, but is a component part of the retirement unit.

(h) “Retirement” means a retirement unit or unreplaced minor item which has been removed, sold, abandoned, destroyed, or otherwise removed from service. (Exception see “Cradle-to-Grave”)

(i) “Retirement Unit” means an item of utility plant which, when placed into service, is capitalized and when removed from service, with or without replacement, is always retired. The “List of Retirement Units Gas Utilities Effective August 21, 1986” (“List of Retirement Units”) (10/14), is hereby incorporated by reference into this rule and may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04833.

(3) All depreciable property is considered as consisting of (a) retirement units and (b) minor items of property. This list can be expanded by any utility without other authorization from this Commission as long as the cost of the additional item is more than $500. In the case of such expansion, the utility should notify the Division of Economics within thirty days as to the nature and justification of the expansion.

(4) The addition and retirement of retirement units should be accounted for as follows:

(a) When a retirement unit is added for the first time at a location, the cost should be added to the appropriate plant account along with associated labor and installation costs.

(b) When a retirement unit is replaced, the cost of the replacing item should be accounted for in the same manner as in paragraph (a) if the item is in the “List of Retirement Units”. Otherwise, the charge should be made to the appropriate expense account.

(c) When a retirement unit is retired, with a replacement that meets the criteria set forth in the “List of Retirement Units,” or without a replacement, the book cost of the retiring unit should be credited to the plant account in which it is included and likewise debited to the associated account reserve. Any cost of removal and gross salvage associated with the retirement should likewise be debited and credited, respectively, to the account reserve. Costs of the retiring unit, removal and salvage should be recorded within one month of the retirement date and may be estimated with corrective adjustment entries made when the transactions are finalized.

(5) The addition and retirement of minor items of depreciable property should be accounted for as follows:

(a) When a minor item which did not previously exist as a part of a retirement unit at a given location is added, the cost should be accounted for in the same manner as for the addition of a retirement unit if the cost is more than $500. Otherwise, the charge should be made to the appropriate maintenance expense account.

(b) When a minor item having a book cost more than $500 is retired and not replaced, the book cost along with any associated cost of removal and gross salvage should be accounted for in the same manner as for the retirement of a retirement unit. If, however, the book cost of the minor item retired and not replaced has been accounted for by its inclusion in the retirement unit of which it is a part, no separate credit to the property account or debit to the associated account is required.

(c) When a minor item is replaced independently of the retirement unit of which it is a part, the cost of replacement should be charged to the maintenance account appropriate for the item, except that if the replacement effects a substantial betterment (the primary aim of which is to make the property affected more useful, more efficient, of greater durability, or of greater capacity), the excess cost of the replacement over the estimated cost at current prices of replacing without betterment should be charged to the appropriate plant account.

(6) The addition and retirement of meters and regulators should be accounted for as cradle-to-grave. Costs for refurbishing these items should be charged to the appropriate expense accounts.

(7) Overhead construction costs such as engineering, supervision, general office salaries and expenses, construction engineering, insurance, taxes, relief and pensions, injuries and damages should be capitalized only if they are directly associated with the construction project.

(8) All maintenance costs, whether the work is done by the utility or under contract, should be expensed. Unusual or extraordinary expenses can be amortized over a reasonable period of time as determined by the Commission.

(9) Engineering unclassified time should be expensed.

(10) The testing on initial installations of mains and services, meters and regulators should be capitalized. Subsequent testing should be expensed. The testing on uprating to higher pressure should be capitalized.

(11) The initial purchase and installation of valves and testing thereof should be capitalized. Labor costs associated with locating existing valves, moving existing valves, maintenance and monitoring should be expensed.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.115 FS. History–New 8-21-86, Amended 2-2-15.

Fla. Admin. Code R. 25-7.047 Territorial Agreements and Disputes for Natural Gas Utilities – Definitions

For the purpose of Rules 25-7.0471, 25-7.0472 and 25-7.0473, F.A.C., the following terms shall have the following meaning:

(1) “Territorial agreement” means the entire agreement between two or more natural gas utilities which identifies the geographical areas to be served by each natural gas utility party to the agreement, the terms and conditions pertaining to implementation of the agreement, and any other terms and conditions pertinent to the agreement;

(2) “Territorial dispute” means a disagreement as to which utility has the right and the obligation to serve a particular geographical area.

(3) “Natural Gas Utility” will be defined as the term is defined in Section 366.04(3)(c), F.S. (1989).

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04 FS. History–New 2-25-91.

Fla. Admin. Code R. 25-7.0471 Territorial Agreements for Natural Gas Utilities

(1) All territorial agreements between natural gas utilities shall be submitted to the Commission for approval. Each territorial agreement shall clearly identify the geographical area to be served by each utility. The submission shall include:

(a) A map and a written description of the area,

(b) The terms and conditions pertaining to implementation of the agreement; and any other terms pertaining to the agreement,

(c) The number and class of customers to be transferred,

(d) Assurance that the affected customers have been contacted and the difference in rates explained, and

(e) Information with respect to the degree of acceptance by affected customers, i.e., the number in favor and those opposed to the transfer. Upon approval of the agreement, any modification, changes, or corrections to this agreement must be approved by the Commission.

(2) Standards for Approval. In approving territorial agreements, the Commission shall consider:

(a) The reasonableness of the purchase price of any facilities being transferred;

(b) The reasonable likelihood that the agreement, in and of itself, will not cause a decrease in the reliability of natural gas service to the existing or future ratepayers of any utility party to the agreement, and

(c) The reasonable likelihood that the agreement will eliminate existing or potential uneconomic duplication of facilities.

(d) Other relevant factors that may arise from the circumstances of a particular case.

(3) The Commission may require additional relevant information from the parties of the agreement, if so warranted.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04 FS. History–New 2-25-91.

Fla. Admin. Code R. 25-7.0472 Territorial Disputes for Natural Gas Utilities

(1) A territorial dispute proceeding may be initiated by a petition from a natural gas utility, requesting the Commission to resolve the dispute. Additionally the Commission may, on its own motion, identify the existence of a dispute and order the affected parties to participate in a proceeding to resolve it. Each utility which is a party to a territorial dispute shall provide a map and written description of the disputed area along with the conditions that caused the dispute. Each utility party shall also provide a description of the existing and planned load to be served in the area of dispute and a description of the type, additional cost, and reliability of natural gas facilities and other utility services to be provided within the disputed area.

(2) In resolving territorial disputes, the Commission shall consider:

(a) The capability of each utility to provide reliable natural gas service within the disputed area with its existing facilities and gas supply contracts and the extent to which additional facilities are needed;

(b) The nature of the disputed area and the type of utilities seeking to serve it and degree of urbanization of the area and its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services;

(c) The cost of each utility to provide natural gas service to the disputed area presently and in the future; which includes but is not limited to the following:

1. Cost of obtaining rights-of-way and permits.

2. Cost of capital.

3. Amortization and depreciation.

4. Labor; rate per hour and estimated time to perform each task.

5. Mains and pipe; the cost per foot and the number of feet required to complete the job.

6. Cost of meters, gauges, house regulators, valves, cocks, fittings, etc., needed to complete the job.

7. Cost of field compressor station structures and measuring and regulating station structures.

8. Cost of gas contracts for system supply.

9. Other costs that may be relevant to the circumstances of a particular case.

(d) Other costs that may be relevant to the circumstances of a particular case.

(e) Customer preference if all other factors are substantially equal.

(3) The Commission may require additional relevant information from the parties of the dispute if so warranted.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04 FS. History–New 2-25-91.

Fla. Admin. Code R. 25-7.0473 Customer Participation

(1) Any customer located within the geographic area in question shall have an opportunity to present oral or written communications in Commission proceedings to approve territorial agreements or resolve territorial disputes. If the Commission proposes to consider such material, then all parties shall be given a reasonable opportunity to cross-examine or challenge or rebut it.

(2) Any substantially affected customer shall have the right to intervene in such proceedings.

(3) In any Commission proceeding to approve a territorial agreement or resolve a territorial dispute, the Commission shall give notice of the proceeding in the manner provided by Rule 25-22.0405, F.A.C.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04 FS. History–New 2-25-91.

Fla. Admin. Code R. 25-7.048 Continuity of Service

(1) Each utility shall make all reasonable efforts to prevent interruptions of service and when such interruptions occur shall endeavor to re-establish service with the shortest possible delay consistent with the safety of its consumers and the general public.

(2) When the service is necessarily interrupted or curtailed for the purpose of working on the system, it shall be done at a time which will cause the least inconvenience to consumers and all such planned interruptions shall be preceded by adequate notice to all affected customers.

(3) The provisions of this rule shall not apply to customers receiving service under so-called interruptible rate classifications.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.48.

Fla. Admin. Code R. 25-7.049 Testing Equipment

(1) Each utility shall provide or have access to all testing equipment and facilities as may be necessary to make the tests required by these rules or other orders of the Commission.

(2) The apparatus and equipment so provided shall be of an approved type, properly maintained, and subject to the approval of the Commission’s Division of Engineering. All such equipment shall be available for inspection by representatives of the Commission at any reasonable time.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3) FS. History–New 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.49.

Fla. Admin. Code R. 25-7.050 Pressure Requirements

(1) The utility shall make every reasonable effort necessary to maintain adequate gas pressure. Each utility shall make such determinations and keep such records of pressures as will enable it to have at all times a substantially accurate knowledge of the pressure existing in each district or division of its distribution system. These pressure records shall be properly identified, dated, and filed. All recording pressure gauges shall be tested periodically and maintained in a reasonably accurate condition.

(2) Where the gas pressure maintained at a customer’s service exceeds the established pressure standard, the utility shall install an approved service regulator which shall be set to deliver gas at the established standard delivery pressure.

(3) The standard service pressure of gas supplied by any utility shall be maintained as uniform as practicable and, as measured at the outlet of the service meter, shall be not less than three inches (3'') nor more than fifteen inches (15'') water column. In cases where greater pressure is specified and provided for in the contract or agreement between the utility and the customer, the utility may supply gas at the desired pressure and the volume of such gas shall be computed as described under paragraph 25-7.003(13)(b), F.A.C.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), 366.05(3) FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.50.

Fla. Admin. Code R. 25-7.051 Gas Shut-off Valves

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 10-20-73, Amended 1-8-75, 5-4-75, Formerly 25-7.51, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.052 Odorization

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 10-20-73, Amended 1-8-75, 5-4-75, Formerly 25-7.52, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.053 Purity of Gas

(1) All gas distributed in this state by any utility shall at all times be free from dangerous or objectionable quantities of impurities such as hydrogen sulphide or other impurities which may cause excessive corrosion of mains or piping or form noxious or harmful fumes when burned in a properly designed and adjusted burner. A gas shall be considered free from undesirable impurities when the quantity of any impurity present is within the limits recognized as allowable in good practice.

(2) Each utility shall test the gas in such manner and with such frequency as is necessary to insure compliance with this rule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.53.

Fla. Admin. Code R. 25-7.054 Extension of Facilities

(1) Each utility shall develop a standard policy governing the amount of main and/or service extension which will be made free to connect a new customer. The amount of free extension made should be related to the investment that can prudently be made for the anticipated revenue to be received.

(2) A detailed statement of its standard main extension policy shall be filed by each utility as part of its rules and regulations. This policy shall have uniform application and shall be non-discriminatory between consumers whose service requirements are similar.

(3) If a utility and consumer shall be unable to agree in regard to an extension, either party may appeal to the Commission for a review. The Commission, unless special circumstances prevent, will be guided by the following general principles:

(a) Free extensions. The maximum capital investment to be made by the utility for main and service facilities without cost to the customer shall be defined as the maximum allowable construction cost. The maximum allowable construction cost shall equal four times the estimated annual gas revenue to be derived from the facilities less the cost of gas.

(b) Extensions above free limit. When the cost of the extension required to provide service is greater than the free limit specified in paragraph (a) above, the utility may require a non-interest bearing advance in aid of construction of the cost in excess of such free limit provided that:

1. At the end of the first year the utility shall refund to the person paying the advance in aid of construction or his assigns an amount equal to the excess, if any, of the maximum allowable construction cost calculated using actual gas revenues, less the actual cost of gas, over the maximum allowable construction cost used to determine the amount of the advance in aid of construction.

2. For each additional customer taking service at any point on the extension within a period of five (5) years from date of construction, the utility shall refund to the person paying the advance in aid of construction or his assigns an amount by which the maximum allowable construction cost for the new customer exceeds the cost of connecting the customer, provided that an additional main extension shall have not been necessary to serve the additional customer.

3. The aggregate refund to any customer made through the provisions of subparagraphs 1. and 2. above shall at no time exceed the original advance in aid of construction of such customer.

4. The extension shall at all times be the property of the utility and any unrefunded portion of the advance in aid of construction at the end of five (5) years shall be credited to the plant account of the utility.

(c) Nothing in this subsection (3) shall be construed as prohibiting any utility from establishing extension policies more favorable to consumers so long as no discrimination is practiced between consumers.

(4) The customer may be required to install or to pay in full or in part for the service line from the property line to the customer’s piping in accordance with the utility’s filed rules and regulations.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Repromulgated 5-4-75, Amended 12-7-82, Formerly 25-7.54.

Fla. Admin. Code R. 25-7.055 Liquefied Petroleum Gas Facilities

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, 5-27-76, Formerly 25-7.55, Repealed 7-14-98.

Fla. Admin. Code R. 25-7.056 Installation Practices

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, 5-27-76, Formerly 25-7.56, Repealed 8-8-89.

Fla. Admin. Code R. 25-7.057 Temporary Service

In the case of temporary service for short-term use, the utility may require the customer to pay all costs of making the service connection and removing the material after service has been discontinued, or to pay a fixed amount in advance to cover such expense; provided, however, that the customer shall be credited with reasonable salvage realized by the utility when service is terminated.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.57.

Fla. Admin. Code R. 25-7.058 Resale

No gas utility shall be required to furnish gas service for resale nor shall any gas service provided by the utility be sub-metered or further distributed by any customer for purpose of resale unless such customer is a municipality, a Department of the United States Government or a public utility whose rates for such service have been approved by this Commission; provided, however, this rule shall not apply to service supplied to rental housing units or trailer parks in which gas is distributed to the tenants thereof by the landlord unless a charge over and above the rent is made for such gas service.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03 FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.58.

Fla. Admin. Code R. 25-7.059 Use of Meters

(1) All gas sold by a utility and all gas consumed by the utility shall be metered except in case of emergency.

(2) Each utility shall provide and install at its own expense and shall continue to own, operate, and maintain all equipment necessary for the pressure control and measurement of gas to its customers.

(3) Prepayment meters shall not be used.

(4) When there is more than one meter at a common location, the metering equipment shall be tagged or permanently marked to indicate the facility being metered.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 10-20-73, Repromulgated 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.59, Amended 12-9-12.

Fla. Admin. Code R. 25-7.060 Location of Meters and Associated Appurtenances

(1) The customer shall furnish a convenient, accessible and safe place in which the meter can be installed, operated and maintained. This location insofar as practical shall be outside the building and free of possible causes of damage which might affect meter operation or accuracy.

(2) If changes in conditions on the customer’s premises adversely affect the convenience, accessibility or safety of the meter location, the customer shall be responsible for the cost of relocating the meter, its appurtenances, and related piping to a location meeting the above requirements.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.03, 368.05(2) FS. Law Implemented 366.05(1), 368.03, 368.05 FS. History–New 10-20-73, Repromulgated 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.60, Amended 10-24-12.

Fla. Admin. Code R. 25-7.061 Meter Testing Equipment

(1) Each utility shall own and maintain or have access to all necessary meter testing equipment, approved by the Commission’s Bureau of Safety. This equipment shall be maintained in correct adjustment so that it shall be capable of determining the accuracy of customer meters to within one-half of one percent (0.5%).

(2) The accuracy of all meter testing equipment will be established in accordance with procedures set forth in American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition, incorporated by reference herein, and which may be obtained from the American Gas Association, 400 North Capitol Street, N.W., Washington, DC 20001.

(3) All alterations, accidents, or repairs to meter proving equipment which might affect the accuracy of such equipment or the method of operation shall be promptly reported in writing to the Commission Clerk.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.03, 368.05(2) FS. Law Implemented 366.05(1), (3), 368.03, 368.05 FS. History–New 1-8-75, Amended 5-4-75, 5-27-76, 2-13-84, Formerly 25-7.61, Amended 10-24-12.

Fla. Admin. Code R. 25-7.062 Meter Test Records

(1) All meter tests shall be performed by competent, trained personnel using approved methods and equipment.

(2) Diaphragm meters with a test dial of five (5) cubic feet or less. The accuracy of customer meters of this type shall be determined by passing air from an accurate test meter at a rate of flow designated herein when the test equipment, the atmosphere of the room and the meter to be tested are at practically the same temperature. The meter shall be tested at two rates of flow, viz: a check rate test which shall be at a rate of flow of approximately twenty percent (20%) of rated capacity, and also a one hundred percent (100%) of rated capacity or open run test. The average of the tests at the two rates of flow shall agree within one percent (1%) and the average error of the meter shall be considered to be the algebraic sum of twenty-five percent (25%) of the error indicated by open run test and seventy-five percent (75%) of the error indicated by the check rate test.

(3) Other meters. Any utility furnishing large volume gas service through diaphragm type meters with a test dial of over five (5) cubic feet or other type meters such as turbine, rotary displacement, or orifice meters shall make provision for factory or other tests in accordance with manufacturer’s recommendations and American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.03, 368.05(2) FS. Law Implemented 366.05(1), (3), 368.03, 368.05 FS. History–New 1-8-75, Amended 5-4-75, 2-13-84, 8-4-85, Formerly 25-7.62, Amended 10-11-12.

Fla. Admin. Code R. 25-7.063 Meter Accuracy at Installation

(1) A new gas meter shall be within plus or minus 1 percent of accuracy to be installed for customer use. Manufacturer’s test data may be used if there is no indication of damage to the meters resulting from the shipping process. If damage is apparent, in order for the manufacturers’ test data to be used, a representative sample of not less than 10 percent of the meters in the damaged shipping unit, such as a pallet or container, shall be tested and found to be within accuracy limits. If any meter of the sample is found not to be within accuracy limits, the entire shipping unit must be tested, and where necessary, the meters adjusted to within the plus or minus 1 percent accuracy limits.

(2) Every meter removed from service when opened for repairs shall be adjusted to be not more than 1 percent fast or 1 percent slow before being reset. If not opened for repairs, the meter may be reset without adjustment if found to be not more than 1 percent fast or not more than 1 percent slow provided the meter is otherwise in good condition.

(3) No meter may be installed unless it has been tested within the previous 12 months and found to be within the accuracy limits established by this rule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, 2-13-84, Formerly 25-7.63, Amended 7-15-01.

Fla. Admin. Code R. 25-7.064 Meter Testing for Accuracy

(1)(a) Each gas utility may formulate a statistical sampling plan for the purpose of testing for accuracy installed diaphragm type positive displacement gas service meters having a capacity rating of 250 cfh or less measured at the manufacturer’s specification for one-half (1/2) inch pressure differential. Such sampling plan shall be subject to approval by the Commission’s Bureau of Safety prior to implementation.

(b) All meters installed of the above type and size not included in an approved Random Sampling Plan shall be periodically removed, inspected and tested for accuracy at least once every one hundred twenty (120) months.

(2) Meters having a capacity rating of 250 cfh through 2500 cfh measured at the manufacturer’s specifications for one half (1/2) inch pressure differential shall be field tested or shop tested for accuracy in accordance with American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition at least once every one hundred twenty (120) months.

(3) Meters above 2500 cfh capacity rating measured at the manufacturer’s specifications for one half (1/2) inch differential shall be field tested or shop tested for accuracy in accordance with manufacturer’s recommendations and American Gas Association’s Gas Measurement Manual: Meter Proving Part No. Twelve, 1978 edition, at least every sixty (60) months.

(4) An instrument or auxiliary device used in conjunction with any gas meter to correct the metered volume for pressure or temperature shall be adjusted to an accuracy level to assure that the combined accuracy of the instrument or auxiliary device, or both, and the associated meter does not exceed one percent (1%) error fast or one percent (1%) error slow. Each instrument and auxiliary device shall be checked at least the same test interval as prescribed for the associated meter to insure and verify the performance.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.03, 368.05(2) FS. Law Implemented 366.05(1), (3), 368.03, 368.05 FS. History–New 1-8-75, Amended 5-4-75, 5-27-76, 2-13-84, Formerly 25-7.64, Amended 10-11-12.

Fla. Admin. Code R. 25-7.065 Meter Test by Request

(1) Upon request of a customer, the utility shall, without charge, make a test of the accuracy of the meter in use at his premises; provided, first, that the meter has not been tested by the utility or by the Commission within twelve months previous to such request.

(2) Should any customer request a meter test more frequently than provided for in subsection (1) of this rule, the utility may require a deposit to defray the cost of testing, such deposit shall not exceed the following for each test:

(a) Meters with a capacity rating of 250 cfh or less – $34.00 dollars;

(b) Meters with a capacity rate of over 250 cfh through 2500 cfh – $85.00 dollars;

(c) Meters with a capacity rating over 2500 cfh – $129.00 dollars. If the meter is found to be more than two percent (2%) fast, the deposit shall be refunded, but if found to be less than or equal to two percent (2%) fast, the deposit may be retained by the utility as a service charge for conducting the test.

(3) If the customer so desires, he or his authorized representative shall have the privilege of witnessing the test and a written report, giving the results of the test, shall be furnished the customer upon request.

(4) At the request of the customer, the utility shall make arrangements for a meter test to be conducted by an independent meter testing facility of the customer’s choosing. The customer shall be responsible for negotiating and paying to the independent meter testing facility any fee charged for such a test. Such independent meter testing facilities shall, at a minimum, conform to the requirements of the American Gas Association Gas Measurement Manual, Meter Proving Part No. Twelve, 1978 edition. Where appropriate, the meter may be field tested. The customer shall be responsible for all the costs to the utility associated with a meter test by an independent meter testing facility. The utility shall provide a detailed estimate of such costs and may require payment of such costs prior to the actual meter test. If the meter is found to be running fast in excess of the limits established by these rules, such costs shall be refunded, but if within the allowable limits, the utility may retain the costs.

(5) The utility may, at its discretion, conduct its own test of the meter in conformance with the testing standards established by these rules. In the event that separate tests of the same meter conflict as to whether the meter meets the accuracy standards established by these rules, at the request of the utility or the customer, the Commission will resolve the matter.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.03, 368.05(2) FS. Law Implemented 366.05(1), (3), (4), 368.03, 368.05 FS. History–New 10-20-73, Repromulgated 1-8-75, Amended 5-4-75, 10-11-83, 2-13-84, Formerly 25-7.65, Amended 10-11-12.

Fla. Admin. Code R. 25-7.066 Meter Test – Refereed Disputes

(1) In the event of a dispute, upon request to the Commission by any customer, a test of the customer’s meter will be made by the utility as soon as practicable. Said test will be supervised and witnessed by a representative of the Commission.

(2) A meter shall in no way be disturbed after the utility has received notice that application has been made for such referee test unless a representative of the Commission is present or unless authority to do so is first given in writing by the Commission or by the customer.

(3) A written report of the results of the test will be made by the Commission to the customer.

(4) For equipment tested under this rule, any previous accuracy test result on record at the time the meter test is requested must be retained by the utility.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.03, 368.05(2) FS. Law Implemented 366.05(3), (5), 366.08, 368.03, 368.05 FS. History–New 10-20-73, Repromulgated 1-8-75, 5-4-75, Formerly 25-7.66, Amended 10-11-12.

Fla. Admin. Code R. 25-7.067 Heating Value Standards for Manufactured Gas

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.67, Repealed 7-3-96.

Fla. Admin. Code R. 25-7.068 Heating Value Tests

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05 FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.68, Repealed 7-3-96.

Fla. Admin. Code R. 25-7.069 Calorimeter Equipment

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.69, Repealed 7-3-96.

Fla. Admin. Code R. 25-7.070 Sealing Meters

All meters tested for installation shall be sealed at the time of the test by the meter personnel performing the test. The seal shall be of a type that will ensure detection of tampering. Those utilities using a compression type lead seal shall have as a sealing tool a device furnished with a die, which shall bear the initials of the utility. Utilities using a snap tin type seal shall have the seal stamped in a similar manner.

History

• Rulemaking Authority 366.05(1), 350.127(2), 368.03, 368.05(2) FS. Law Implemented 366.05(3), 368.03, 368.05 FS. History–New 2-13-84, Formerly 25-7.70, Amended 10-11-12.

Fla. Admin. Code R. 25-7.071 Measuring Customer Service

(1) All gas sold to customers shall be measured by commercially acceptable measuring devices owned and maintained by the utility, except where it is impractical to meter, such as street lighting, temporary or special installations, in which case the consumption may be calculated, or billed on a rate or as provided in the utility’s filed tariff.

(2)(a) Individual gas metering by the utility shall be required for each separate occupancy unit of new commercial establishments, residential buildings, condominiums, cooperatives, marinas, and trailer, mobile home and recreational vehicle parks for which construction is commenced after January 1, 1987. This requirement shall apply whether or not the facility is engaged in a time-sharing plan. Individual meters shall not, however, be required:

1. In those portions of a commercial establishment where the floor space dimensions or physical configuration of the units are subject to alteration, as evidenced by non-structural element partition walls, unless the utility determines that adequate provisions can be made to modify the metering to accurately reflect such alterations;

2. For gas used in central heating, central water heating ventilating and air conditioning systems, or gas back up service to storage heating and cooling systems;

3. For gas used in specialized-use housing accommodations such as hospitals, nursing homes, living facilities located on the same premises as, and operated in conjunction with, a nursing home or other health care facility providing at least the same level and types of services as a nursing home, convalescent homes, facilities certificated under Chapter 651, F.S., college dormitories, convents, sorority houses, fraternity houses, motels, hotels, and similar facilities. For separate, specially-designated areas for overnight occupancy at trailer, mobile home and recreational vehicle parks where permanent residency is not established and for marinas where living aboard is prohibited by ordinance, deed restriction, or other permanent means;

4. In such multiple occupancy units which would require the provision of individual gas service above the second story, unless specifically requested.

(b) For purposes of this rule:

1. “Occupancy unit” means that portion of any commercial establishment, single and multi-unit residential building, or trailer, mobile home or recreational vehicle park, or marina which is set apart from the rest of such facility by clearly determinable boundaries as described in the rental, lease, or ownership agreement for such unit.

2. “Time-sharing plan” means any arrangement, plan, scheme, or similar device, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right-to-use agreement or by any other means, whereby a purchaser, in exchange for a consideration, receives a right to use accommodations or facilities, or both, for a specific period of time less than a full year during any given year, but not necessarily for consecutive years, and which extends for a period of more than three years.

3. The construction of a new commercial establishment, residential building, marina, or trailer, mobile home or recreational vehicle park shall be deemed to commence on the date when the building structure permit is issued.

4. The individual metering requirement is waived for any time-sharing facility for which construction was commenced before January 1, 1987 in which separate occupancy units were not metered in accordance with paragraph (2)(a).

(3)(a) Where individual metering is not required under subparagraph (2)(a)3. and master metering is used in lieu thereof, sub-metering may be used by the customer of record/owner of such facility solely for the purpose of allocating the cost of the gas billed by the utility. The term “cost”, as used herein represents only those charges specifically authorized by the gas utility’s tariff including but not limited to the customer, energy, purchased gas adjustment, and conservation charges made by the gas utility plus applicable taxes and fees to the customer of record responsible for the master meter payments. The term cannot be construed to include late payment charges, returned check charges, the cost of the distribution system behind the master meter, or the cost for billing.

(b) Each utility shall develop a standard policy governing the provisions of sub-metering as described herein. Such policy shall be filed by each utility as part of its tariffs. This policy shall have uniform application and shall be nondiscriminatory.

History

• Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 366.03, 366.05(1) FS. History–New 10-23-86, Amended 12-9-12.

Fla. Admin. Code R. 25-7.072 Code of Conduct

(1) Definition. Marketing Affiliate means a business entity, unregulated by the Commission, that is a subsidiary of a gas utility or is owned by or subject to control by the gas utility’s parent company, and sells gas at the retail level to a transportation customer on the gas utility’s system.

(2) Application of Tariff Provisions. A gas utility will apply tariff provisions relating to gas transportation service in the same manner to similarly situated marketers, brokers, or agents, whether or not they are affiliated with the gas utility. In addition, each gas utility:

(a) Will not, through a tariff provision or otherwise, give its Marketing Affiliate or its Marketing Affiliate’s customers, preference over non-affiliated marketers or their customers in matters relating to:

1. Receiving and processing transportation service requests or tariff sales requests from customers (customer service inquiry employees);

2. Scheduling gas deliveries on the gas utility’s system;

3. Making gas scheduling or allocation decisions;

4. Purchasing gas or capacity; or

5. Selling gas to end users behind the city gate.

(b) Will not disclose, or cause to be disclosed, to any marketer, broker or agent;

1. Previously non-public information about a customer without that customer’s prior authorization, or

2. Previously non-public information the gas utility receives through its processing of requests for or provision of transportation service, unless such information is contemporaneously made available to similarly situated market participants.

(c) Will charge the Marketing Affiliate the fully allocated costs for any general and administrative and support services provided to Marketing Affiliate;

(d) Will prevent the flow of any type of subsidy from the utility to the Marketing Affiliate;

(e) Will not condition or tie an offer or agreement to provide a transportation discount to a customer to a requirement that the gas utility’s Marketing Affiliate is involved in the transaction;

(f) Will not give preference to its Marketing Affiliate regarding temporarily available gas or capacity, but will make temporarily available gas or capacity available to all similarly situated market participants;

(g) Will maintain its books and records separately from those of its Marketing Affiliate; and

(h) May not affirmatively promote or advertise its affiliate’s relationship with the utility for the purpose of soliciting subscribership.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-23-02, Amended 6-18-03.

Fla. Admin. Code R. 25-7.079 Information to Customers

(1) The utility shall, when requested by the customer, provide to the customer information as to the method of reading meters and derivation of billing therefrom.

(2) Upon request of the customer, the utility shall provide to the customer a copy and/or explanation of the utility’s rates applicable to the type or types of service furnished or to be furnished to the customer.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1), 366.06 FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.79, Amended 2-1-16.

Fla. Admin. Code R. 25-7.080 Complaints – Service Requests

(1) The utility shall make a full and prompt investigation of all customer complaints and other service requests. The word “complaint” as used in this rule shall be construed to mean substantial objection made to a utility by a customer as to its charges, facilities, or service, the disposal of which complaint requires investigation or analysis.

(2) Reports of gas leaks are to be considered as emergencies requiring immediate attention.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), 366.06(2) FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.80.

Fla. Admin. Code R. 25-7.081 Initiation of Service

(1) Anyone desiring service may be required to make application in writing in accordance with the forms prescribed by the utility. Such application shall be considered as notice to the company that the customer desires service and an expression of his willingness to conform to such reasonable rules and regulations regarding service as are in effect and on file with the Commission.

(2) Upon compliance by the customer with such other reasonable provisions governing utility service as may be in effect, the utility shall undertake to initiate service without unreasonable delay. To be effective, the policy adopted by each utility shall have uniform application and shall be set forth in its filed tariff as provided in Rule 25-7.033, F.A.C.

(3) When service is initiated or restored under this rule, the utility may charge a reasonable fee to defray the cost of initiating or restoring service provided such charge is specified in the tariff approved by the Commission.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.03 FS. History–New 1-8-75, Repromulgated 5-4-75, Formerly 25-7.81.

Fla. Admin. Code R. 25-7.082 Utilization by Customers

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(3) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.82, Repealed 8-8-89.

Fla. Admin. Code R. 25-7.083 Customer Deposits

(1) Each utility’s tariff shall state the methodology for determining the amount of the deposit charged for existing accounts and new service requests. The methodology shall conform to Section 366.05(1)(c), F.S.

(2) Each utility may require an applicant for service to satisfactorily establish credit, but such establishment of credit shall not relieve the customer from complying with the utility’s rules for payment of bills. Credit will be deemed so established if:

(a) The applicant for service furnishes a satisfactory guarantor to secure payment of bills for the service requested. For residential customers, a satisfactory guarantor shall, at the minimum, be a customer of the utility with a satisfactory payment record. For non-residential customers, a satisfactory guarantor need not be a customer of the utility. Each utility shall develop minimum financial criteria that a proposed guarantor must meet to qualify as a satisfactory guarantor. A copy of the criteria shall be made available to each new non-residential customer upon request by the customer. A guarantor’s liability shall be terminated when a residential customer whose payment of bills is secured by the guarantor meets the requirements of subsection (7) of this rule. Guarantors providing security for payment of residential customers’ bills shall only be liable for bills contracted at the service address contained in the contract of guaranty.

(b) The applicant pays a cash deposit.

(c) The applicant for service furnishes an irrevocable letter of credit from a bank or a surety bond.

(3) Receipt for deposit. The utility shall provide a receipt to the customer for any deposit received from the customer.

(4) Deposits for existing accounts. A utility may charge, upon written notice to the customer of not less than 30 days, a deposit on an existing account in order to secure payment of bills. Such request for a deposit shall be separate and apart from any bill for service and shall explain the reason for the deposit. The deposit charged must conform to the requirements of Section 366.05(1)(c)1., F.S.

(5) Record of deposit. Each utility shall keep records to show:

(a) The name of each customer making the deposit;

(b) The premises for which the deposit applies;

(c) The date and amount of deposit; and,

(d) Each transaction concerning the deposit such as interest payments, interest credited or similar transactions.

(6) Interest on deposits.

(a) Each gas utility which requests deposits to be made by its customers shall pay a minimum interest on such deposits of 2 percent per annum. The utility shall pay a minimum interest rate of 3 percent per annum on deposits of nonresidential customers qualifying under subsection (7) below when the utility elects not to refund such a deposit after 23 months.

(b) The deposit interest shall be simple interest in all cases and settlement shall be made annually, either in cash or by credit on the current bill. This does not prohibit any utility paying a higher rate of interest than required by this rule. No customer depositor shall be entitled to receive interest on a deposit until and unless a customer relationship and the deposit have been in existence for a continuous period of six months, then the customer shall be entitled to receive interest from the day of the commencement of the customer relationship and the placement of deposit. Nothing in this rule shall prohibit a utility from refunding at any time a deposit with any accrued interest.

(7) Refund of deposit. After a customer has established a satisfactory payment record and has had continuous service for a period of 23 months, the utility shall refund the residential customer’s deposits and shall, at the utility’s option, either refund or pay the higher rate of interest specified above for nonresidential deposits, provided the customer has not, in the preceding 12 months:

(a) Made more than one late payment of a bill (after the expiration of 20 days from the date of mailing or delivery by the utility);

(b) Paid with check refused by a bank;

(c) Been disconnected for nonpayment, or at any time;

(d) Tampered with the gas meter; or

(e) Used service in a fraudulent or unauthorized manner.

(8) Refund of deposit when service is disconnected. Upon termination of service, the deposit and accrued interest may be credited against the final account and the balance, if any, shall be returned promptly to the customer but in no event later than fifteen (15) days after service is discontinued.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.03, 366.05(1) FS. History–New 1-8-75, Amended 6-15-76, 6-10-80, 1-31-84, Formerly 25-7.83, Amended 10-13-88, 4-25-94, 3-14-99, 7-26-12, 2-1-16.

Fla. Admin. Code R. 25-7.084 Meter Readings

(1) Each service meter shall be clearly marked to indicate the units registered. Unless special circumstances warrant, meters shall be read at monthly intervals on the approximate corresponding day of each meter-reading period. When there is good reason for doing so, estimated bills may be submitted.

(2) When an electronic meter reading is used to determine volumes consumed, the customer’s bill may be rendered from data received electronically. When available, both corrected and uncorrected total volumetric readings shall be recorded.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.03, 368.05(2) FS. Law Implemented 366.05(1), 368.03, 368.05 FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.84, Amended 10-10-95, 10-11-12.

Fla. Admin. Code R. 25-7.085 Customer Billing

(1) Bills shall be rendered monthly. With the exception of a duplicate bill, each customer’s bill shall show at least the following information:

(a) The meter reading and the date the meter was read plus the meter reading for the previous period. When an electronic meter is used, the gas volume consumed for the billing month may be shown. If the gas consumption is estimated, the word “estimated” shall prominently appear on the bill.

(b) Therms and cubic feet consumed.

(c) The total dollar amount of the bill, indicating separately:

1. Customer, Base or Basic Service charge.

2. Energy (therm) charges exclusive of fuel cost in cents per therm.

3. Fuel (therm) charges in cents per therm (no fuel costs shall be included in the charge for energy).

4. Total gas cost which at a minimum is the sum of charges 1 through 3 above but can include other line item charges (e.g., Florida Gross Receipts Tax).

5. Franchise fees, if applicable.

6. Taxes, as applicable on purchases of gas by the customer.

7. Any discount or penalty, if applicable.

8. Past due balances.

9. The gross and net billing, if applicable.

(d) Identification of the applicable rate schedule.

(e) The date by which payment must be made in order to benefit from any discount or avoid any penalty, if applicable.

(f) The average daily therm consumption for the current period and for the same period in the previous year, for the same customer at the same location.

(g) The delinquent date or the date after which the bill becomes past due.

(h) Any conversion factors which can be used by customers to convert from meter reading units to billing units.

(i) Where budget billing is used, the bill shall contain the current month’s consumption and charges separately from budgeted amounts.

(j) The name of the utility plus the address, telephone number(s) and web address where the bill can be paid and questions concerning the bill can be answered.

(2) All gas utilities shall charge for gas service on a thermal basis instead of on a volume basis. The provisions governing customer billing on a thermal basis shall be as follows:

(a) The unit of service shall be the “Therm.”

(b) The number of therms which shall have been taken by consumer during a given period shall be determined by multiplying the difference in the meter readings in cubic feet at the beginning and end of the period by the conversion factors in paragraph (1)(h) including a heating-value factor which has been determined as prescribed in paragraph (c) below.

(c) The heating-value factor for gas utilities receiving and distributing natural gas shall be the average thermal value of the natural gas received and distributed during the preceding month. In case the average heating value during the calendar month has been below the standard, then the value to be used in determining the factor shall be the heating value standard minus a deduction of one percent (1%) for each one percent (1%) or fraction thereof that the average heating value has been below the standard.

(d) The consumer shall be billed to the nearest one-tenth of a therm.

(3) Whenever the period of service for which an initial or opening bill would be rendered is less than the normal billing period, no bill for that period need be rendered if the volume amount consumed is carried over and included in the next regular monthly billing. If, however, a bill for such period is rendered, the applicable charges, including minimum charges, shall be prorated.

(4) When there is sufficient cause, estimated billings may be used by a utility provided that with the customer’s third consecutive estimated billing the customer is informed of the reason for the estimation and whom to contact to obtain an actual meter reading if one is desired. An actual meter reading must be taken at least once every six months. If an estimated bill appears to be abnormal once an actual meter reading is obtained, the bill for the entire estimation period shall be computed at a rate based on use of service during the entire period and the estimated bill shall be deducted. If there is substantial evidence that such use occurred during only one billing period, the bill shall be computed.

(5) The advancement or postponement of regular meter reading dates is governed by Section 366.05(1)(b), F.S.

(6) The practices employed by each utility regarding customer billing shall have uniform application to all customers on the same rate schedule.

(7) Franchise Fees.

(a) When a municipality charges a utility any franchise fee, the utility may collect that fee only from its customers receiving service within that municipality. When a county charges a utility any franchise fee, the county may collect that fee only from its customers receiving service within that county.

(b) A utility may not incorporate any franchise fee into its other rates for service.

(c) This subsection shall not be construed as granting a municipality or county the authority to charge a franchise fee. This subsection only specifies the method of collection of a franchise fee, if a municipality or county, having authority to do so, charges a franchise fee.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), 366.06(1) FS. History–New 12-15-73, Repromulgated 1-8-75, Amended 5-4-75, 11-21-82, 12-26-82, Formerly 25-7.85, Amended 10-10-95, 7-3-96, 2-1-16.

Fla. Admin. Code R. 25-7.0851 Underbillings and Overbillings

(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. 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.

(2) In the event of overbillings, the utility shall refund the overcharge to the customer for the period during which the overcharge occurred, based on available records. If commencement of the overcharging cannot be fixed, then an estimate of the overcharge shall be made, based on past consumption, and refunded to the customer. The amount and period of the adjustment shall be based on the available records. The refund shall not include any part of a minimum charge.

(3) In the event of an overbilling, the customer may elect to receive the refund as a credit to future billings or as a one-time credit.

History

• Rulemaking Authority 350.127, 366.05 FS. Law Implemented 350.127, 366.05, 368.105 FS. History–New 5-8-91, Amended 2-4-13.

Fla. Admin. Code R. 25-7.0852 Unauthorized Use

In the event of unauthorized or fraudulent use or meter tampering, the utility shall bill the customer on an estimate of the gas used, based on the customer’s past consumption.

History

• Rulemaking Authority 350.127, 366.05 FS. Law Implemented 350.127, 366.05, 368.105 FS. History–New 2-4-13.

Fla. Admin. Code R. 25-7.086 Conjunctive or Cumulative Billing

Each utility shall establish each point of delivery as an independent customer and shall calculate the amount of the bill accordingly except where physical conditions make it necessary to use two or more meters to register consumption for one class of service to a single customer on the same premises, or where such multiple meters are used for the convenience of the company.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1), 366.06(1) FS. History–New 12-15-73, Repromulgated 1-8-75, Amended 5-4-75, Formerly 25-7.86.

Fla. Admin. Code R. 25-7.087 Adjustment of Bills for Meter Error

(1) Fast meters. Whenever a meter is found to have an average error of more than two percent (2%) fast, the utility shall refund to the customer the amount billed in error for one half the period since the last test, said one half period not to exceed twelve (12) months except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date, based upon available records. If the meter has not been tested in accordance with Rule 25-7.064, F.A.C., the period for which it has been in service beyond the regular test period shall be added to the twelve (12) months in computing the refund. The refund shall not include any part of any minimum charge.

(2) Slow meters.

(a) Except as provided by this subsection, a utility may backbill in the event that a meter is found to be slow, non-registering or partially registering. A utility may not backbill for any period greater than twelve (12) months from the date it removes the meter of a customer, which meter is later found by the utility to be slow, non-registering or partially registering. If it can be ascertained that the meter was slow, non-registering or partially registering for less than twelve (12) months prior to removal, then the utility may backbill only for the lesser period of time. In any event, the customer may extend the payments of the backbill over the same amount of time for which the utility issued the backbill. Nothing in this subsection shall be construed to limit the application of subsection (4) of this rule.

(b) Whenever a meter tested is found to have an average error of more than two-percent (2%) slow, the utility may bill the customer an amount equal to the unbilled error in accordance with this subsection. If the utility has required a deposit as permitted under subsection 25-7.065(2), F.A.C., the customer may be billed only for that portion of the unbilled error which is in excess of the deposit retained by the utility.

(c) In the event of a non-registering or a partially registering meter, unless the provisions of subsection (3) of this rule apply, a customer may be billed on an estimate based on previous bills for similar usage.

(3) It shall be understood that when a meter is found to be in error in excess of the prescribed limits of two percent (2%) fast or slow, the figure to be used for calculating the amount of refund or charge in subsection (1) or paragraph (2)(b) above shall be that percentage of error as determined by the test.

(4) In the event of unauthorized use, the customer may be billed on a reasonable estimate of the gas consumed.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, 5-3-82, Formerly 25-7.87.

Fla. Admin. Code R. 25-7.088 Termination of Service by Customer

Any customer may be required to give reasonable notice of his intention to discontinue service. Until the utility shall be notified, the customer may be held responsible for all gas used on the premises.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Amended 5-4-75, Formerly 25-7.88.

Fla. Admin. Code R. 25-7.089 Refusal or Discontinuance of Service by Utility

(1) Until adequate facilities can be provided a utility may refuse to serve an applicant if, in the best judgment of the utility, it does not have adequate facilities or supply of gas to render the service applied for, or if the service is of a character that is likely to affect unfavorably service to other customer.

(2) If the utility refuses service for any reason specified in this subsection, the utility shall notify the applicant for service as soon as practicable, pursuant to subsection (5), of the reason for refusal of service. If the utility will discontinue service, the utility shall notify the customer at least 5 working days prior to discontinuance that service will cease unless the deficiency is corrected in compliance with the utility’s regulations, resolved through mutual agreement, or successfully disputed by the customer. The 5-day notice provision does not apply to paragraphs (h), (i) or (j). In all instances involving refusal or discontinuance of service the utility shall advise in its notice that persons dissatisfied with the utility’s decision to refuse or discontinue service may register their complaint with the utility’s customer relations personnel and to the Florida Public Service Commission at 1(800)342-3552 which is a toll free number. As applicable, each utility may refuse or discontinue service under the following conditions:

(a) For non-compliance with or violation of any State or municipal law or regulation governing gas service.

(b) For failure or refusal of the customer to correct any deficiencies or defects in his piping or appliances which are reported to him by the utility.

(c) For the use of gas for any other property or purpose than that described in the application.

(d) For failure or refusal to provide adequate space for the meter and service equipment of the utility.

(e) For failure or refusal to provide the utility with a deposit to insure payment of bills in accordance with the utility’s regulations provided that written notice, separate and apart from any bill for service, be given the customer.

(f) For neglect or refusal to provide reasonable access to the utility for the purpose of reading meters or inspection and maintenance of equipment owned by the utility provided that written notice, separate and apart from any bill for service, be given the customer.

(g) For nonpayment of bills or noncompliance with the utility’s rules and regulations, and only after there has been a diligent attempt to have the customer comply, including 5 working days’ written notice to the customer, such notice being separate and apart from any bill for service. For purposes of this subsection, “working day” means any day on which the utility’s business office is open and the U.S. Mail is delivered. Upon request of the customer, the utility shall give a copy of the notice of discontinuance to a designated third party in the service area of the utility. A utility shall not, however, refuse or discontinue service for nonpayment of a dishonored check service charge imposed by the utility.

(h) Without notice in the event of a condition known to the utility to be hazardous.

(i) Without notice in the event of tampering with regulators, valves, meters or other facilities furnished and owned by the utility.

(j) Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of service, the utility, before restoring service, may require the customer to make at his own expense all changes in piping or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the deficiency in revenue resulting from such fraudulent use.

(3) Service shall be restored when cause for discontinuance has been satisfactorily adjusted.

(4) When service has been discontinued for proper cause, the utility may charge a reasonable fee to defray cost of restoring service provided such charge is set out in its approved tariff on file with the Commission.

(5) In case of refusal to establish service, or whenever service is discontinued, the utility shall notify the applicant or customer in writing of the reason for such refusal or discontinuance.

(6) The following shall not constitute sufficient cause for refusal or discontinuance of service to an applicant or customer.

(a) Delinquency in payment for service by a previous occupant of the premises unless the current applicant or customer occupied the premises at the time the delinquency occurred and the previous customer continues to occupy the premises and such previous customer will receive benefit from such service.

(b) Failure to pay for appliances purchased from the utility.

(c) Failure to pay for a different type of utility service, such as electricity or water.

(d) Failure to pay for a different class of service.

(e) Failure to pay the bill of another customer as guarantor thereof.

(f) Failure to pay a dishonored check service charge imposed by the utility.

(7) No utility shall discontinue service to any noncommercial customer between 12:00 noon on a Friday and 8:00 a.m. the following Monday or between 12:00 noon on the day preceding a holiday and 8:00 a.m. the next working day unless such discontinuance is at the request of the customer or is necessary in the interest of safety. Holiday as used in this subsection shall mean New Years Day, Memorial Day, July 4, Labor Day, Thanksgiving Day, and Christmas Day.

(8) Each utility shall submit, as a tariff item, a procedure for discontinuance of service when that service is medically essential.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05(1) FS. History–New 10-20-73, Amended 12-15-73, 1-8-75, 5-4-75, 1-3-77, 11-26-80, 9-29-82, Formerly 25-7.89, Amended 1-1-91, 1-7-93.

Fla. Admin. Code R. 25-7.090 Delinquent Bills

Bills shall not be considered delinquent prior to the expiration of twenty (20) days from the date of mailing or delivery by the utility.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.05 FS. History–New 12-15-73, Repromulgated 1-8-75, Amended 5-4-75, Formerly 25-7.90.

Fla. Admin. Code R. 25-7.091 Refunds

(1) Applicability. With the exception of deposit refunds and refunds associated with adjustment factors, all refunds ordered by the Commission shall be made in accordance with the provisions of this rule, unless otherwise ordered by the Commission.

(2) Timing of Refunds. Refunds must be made within ninety (90) days of the Commission’s order unless a different time frame is prescribed by the Commission. Unless a stay has been requested in writing and granted by the Commission, a motion for reconsideration of an order requiring a refund will not delay the timing of the refund. In the event that a stay is granted pending reconsideration, the timing of the refund shall commence from the date of the order disposing of any motion for reconsideration. This rule does not authorize any motion for reconsideration not otherwise authorized by Chapter 25-22, F.A.C.

(3) Basis of Refund. Where the refund is the result of a specific rate change, including interim rate cases and the refund can be computed on a per customer basis, that will be the basis of the refund. However, where the refund is not related to specific rate changes, such as a refund for overearnings, the refund shall be made to customers of record as of a date specified by the Commission. In such case, refunds shall be made on the basis of consumption. Per customer refund refers to a refund to every customer receiving service during the refund period. Customer of record refund refers to a refund to every customer receiving service as of a date specified by the Commission.

(4) Interest.

(a) In the case of refunds which the Commission orders to be made with interest, the average monthly interest rate until the refund is posted to the customer’s account shall be based on the thirty (30) day commercial paper rate for high grade, unsecured notes sold through dealers by major corporations in multiples of $1,000 as regularly published in the Wall Street Journal.

(b) This average monthly interest rate shall be calculated for each month of the refund period:

1. By adding the published interest rate in effect for the last business day of the month prior to each month the refund period and the published rate in effect for the last business day of each month of the refund period divided by twenty-four (24) to obtain the average monthly interest rate;

2. The average monthly interest rate for the month prior to distribution shall be the same as the last calculated average monthly interest rate.

(c) The average monthly interest rate shall be applied to the sum of the previous month’s ending balance (including monthly interest accruals) and the current month’s ending balance divided by two (2) to accomplish a compounding effect.

(d) Interest Multiplier. When the refund is computed for each customer, an interest multiplier may be applied against the amount of each customer’s refund in lieu of a monthly calculation of the interest for each customer. The interest multiplier shall be calculated by dividing the total amount refundable to all customers, including interest, by the total amount of the refund, excluding interest. For the purpose of calculating the interest multiplier, the utility may, upon approval by the Commission, estimate the monthly refundable amount.

(e) Commission staff shall provide applicable interest rate figures and assistance in calculations under this rule upon request of the affected utility.

(5) Method of Refund Distribution. For those customers still on the system, a credit shall be made on the bill. In the event the refund is for a greater amount than the bill, the remainder of the credit shall be carried forward until the refund is completed. If the customer so requests, a check for any negative balance must be sent to the customer within ten (10) days of the request.

For customers entitled to a refund but no longer on the system, the company shall mail a refund check to the last known billing address except that no refund for less than $1.00 will be made to these customers.

(6) Security for Money Collected Subject to Refund. In the case of money being collected subject to refund, the money shall be secured by a bond unless the Commission specifically authorizes some other type of security such as placing the money in escrow, approving a corporate undertaking, or providing a letter of credit. The Commission may require the company to provide a report by the 10th of each month indicating the monthly and total amount of money subject to refund as of the end of the preceding month. The report shall also indicate the status of whatever security is being used to guarantee repayment of the money.

(7) Refund Reports. During the processing of the refund, monthly reports on the status of the refund shall be made by the 10th of the following month. In addition, a preliminary report shall be made within thirty (30) days after the date the refund is completed and again 90 days thereafter. The above reports shall specify the following:

(a) The amount of money to be refunded and how that amount was computed;

(b) The amount of money actually refunded;

(c) The amount of any unclaimed refunds; and

(d) The status of any unclaimed amounts.

(8) With the last report under subsection (7) of this rule, the company shall suggest a method for disposing of any unclaimed amounts. The Commission shall then order a method of disposing of the unclaimed funds.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.06(3), 366.071(2) FS. History–New 8-18-83, Formerly 25-7.91.

Fla. Admin. Code R. 25-7.100 Annual Report

(1) Each natural gas transmission company shall annually file the following information with the Commission on a calendar year basis:

(a) Comparative Balance Sheet for the reporting year and the prior year;

(b) Comparative Statement of Income for the reporting year and the prior year; and

(c) Statement of Retained Earnings for the reporting year.

(2) The report shall be due on or before April 30 for the preceding calendar year.

(3) A company may file a written request for an extension of time with the Division of Accounting and Finance no later than April 30. One extension of 31 days will be granted upon request. A request for a longer extension must be accompanied by a statement of good cause and shall specify the date by which the report will be filed.

(4) The company shall file an original and three copies of the information required in subsection (1).

History

• Rulemaking Authority 368.104 FS. Law Implemented 368.104 FS. History–New 9-13-98.

Fla. Admin. Code R. 25-7.101 Regulatory Assessment Fees; Natural Gas Transmission Companies

(1) As provided in Section 368.109, F.S., each natural gas transmission company shall pay a regulatory assessment fee. The regulatory assessment fee shall be 0.25 percent annually of the natural gas transmission company’s gross operating revenue derived from intrastate business, excluding sales of gas for resale to natural gas transmission companies, public utilities that supply gas, municipal gas utilities and gas districts.

(2) Regulatory assessment fees are due each January 30 for the preceding 6 month period or any part of the period from July 1 until December 31, and on July 30 for the preceding 6 month period or any part of the period from January 1 until June 30.

(3) If the due date falls on a Saturday, Sunday, or a legal holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date on the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were delivered. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage, and postmarked no later than the due date.

(4) Commission Form PSC/AFD 244 (02/98), entitled “Natural Gas Transmission Pipeline Company Regulatory Assessment Fee Return” is incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02615. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a utility to receive a return form shall not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(5) Each natural gas transmission company shall have up to and including the due date in which to remit the total amount of its fee.

(6) Where the natural gas transmission company remits less than its full fee, the remainder of the full fee shall be due on or before the 30th day from the due date and shall, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (8)(b) of this rule.

(7) A company may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC/AIT 124 (12/11) entitled “Regulatory Assessment Fee Extension Request,” which is incorporated by reference in Rule 25-7.0131, F.A.C. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the utility has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) Where a utility receives either a 15-day or a 30-day extension of its due date pursuant to this rule, the utility shall remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(8) The delinquency of any amount due to the Commission from the company, pursuant to the provisions of Section 368.109, F.S., and this rule, begins with the first calendar day after any date established as the due date by operation of this rule.

(a) A penalty, as set out in Section 350.113, F.S., shall apply to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum shall apply to any such delinquent amounts.

History

• Rulemaking Authority 350.127(2), 368.104 FS. Law Implemented 350.113, 368.109 FS. History–New 9-13-98, Amended 5-7-13.

Fla. Admin. Code R. 25-7.135 Annual Reports

(1) Each investor-owned natural gas utility shall file annual reports with the Commission on Commission Form PSC/AFD 020-G (12/03) which is incorporated by reference into this rule. Form PSC/AFD 020-G, entitled “Annual Report of Natural Gas Utilities”, may be obtained from the Commission’s Division of Accounting and Finance. These reports shall be verified by a responsible accounting officer of the company making the report and shall be due on or before April 30 for the preceding calendar year. A utility may file a written request for an extension of time with the Division of Accounting and Finance no later than April 30. One extension of 31 days will be granted upon request. A request for Commission approval of a longer extension must be accompanied by a statement of good cause and shall specify the date by which the report will be filed. Good cause means a demonstration that the utility has worked diligently to prepare the report and that the additional time period requested to submit the report is both reasonable and necessary.

(2) The utility shall also file with the original and each copy of the annual report form, or separately within 30 days, a letter or report, signed by an independent certified public accountant, attesting to the conformity in all material respects of the Comparative Balance Sheet, Statement of Income, and any applicable notes from Form PSC/AFD 020-G with the Commission’s applicable uniform system of accounts and published accounting releases.

(3) Any utility which is on a fiscal year other than the calendar year may file the schedules and certification letter required by subsection (2) on a fiscal year basis within 90 days from the close of its fiscal year. A complete annual report, except for the certification letter, shall also be filed on a calendar year basis by these utilities.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 12-27-94, Amended 4-15-96, 12-8-03.

Fla. Admin. Code R. 25-7.1352 Earnings Surveillance Report

(1) Each investor-owned natural gas utility shall file rate of return data using Commission Form PSC/AFD 013-G (12/03), which is incorporated by reference into this rule. Form PSC/AFD 013-G, entitled “Investor-Owned Natural Gas Utility Earnings Surveillance Report,” may be obtained from the Commission’s Division of Accounting and Finance.

(2) The report shall be filed:

(a) Quarterly, by the 15th day of the second month following the reported quarter for natural gas utilities with 25,000 or more customers.

(b) Semiannually, by the 15th day of the second month following the reported period for natural gas utilities with 25,000 or fewer customers.

(3) A utility may file a written request for an extension of time with the Division of Accounting and Finance prior to the due date of the report. One extension of 31 days will be granted upon request. A request for Commission approval of a longer extension must be accompanied by a statement of good cause and shall specify the date by which the utility proposes to file the report. Good cause means a demonstration that the utility has worked diligently to prepare the report and that the additional time period requested to submit the report is both reasonable and necessary.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.117(1), 366.04(2)(f) FS. History–New 6-9-94, Amended 5-8-96, 12-8-03.

Fla. Admin. Code R. 25-7.1353 Forecasted Earnings Surveillance Report

(1) Each investor-owned natural gas utility with more than 50,000 customers shall file with the Commission its forecasted financial information on Commission Form PSC/AFD 023-G (12/03) which is incorporated into this rule by reference. Form PSC/AFD 023-G, entitled “Investor-Owned Natural Gas Utility Forecasted Earnings Surveillance Report”, may be obtained from the Commission’s Division of Accounting and Finance. The report shall be verified by the responsible officer of the utility making the report. The report shall be due no later than 60 days after the end of the fiscal year, and shall contain the forecasted financial information for the following fiscal year.

(2) A utility may file a written request for an extension of time with the Division of Accounting and Finance no later than 60 days after the end of the fiscal year. One extension of 15 days will be granted upon request. A request for approval of a longer extension must be accompanied by a statement of good cause and shall specify the date by which the utility proposes to file the report. Good cause means a demonstration that the utility has worked diligently to prepare the report and that the additional time period requested to submit the report is both reasonable and necessary.

(3) If during the course of the forecast fiscal year the utility should revise its forecasted financial information as a result of a change in a forecast assumption such that its forecasted annual return on equity changes by more than 25 basis points, whether as a result of a single or several events or assumptions, the utility shall provide the Commission with the following information within 30 days of the revised forecast:

(a) A description of the revised forecast assumptions or other events that caused the forecasted return on equity to be revised.

(b) An estimate of the revised annual return on equity.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 350.117(1), 366.05(1) FS. History–New 1-11-95, Amended 12-8-03.

Fla. Admin. Code R. 25-7.140 Test Year Notification; Proposed Agency Action Notification

(1) At least 60 days prior to filing a petition for a general rate increase, a company shall notify the Commission in writing of its selected test year and filing date. This notification shall include:

(a) An explanation for requesting the particular test period. If an historical test year is selected, there shall be an explanation of why the historical period is more representative of the company’s operations than a projected period. If a projected test year is selected, there shall be an explanation of why the projected period is more representative than an historical period;

(b) An explanation, including an estimate of the impact on revenue requirements, of the major factors which necessitate a rate increase;

(c) A statement describing the actions and measures implemented by the company for the specific purpose of avoiding a rate increase; and

(d) A statement that the utility either is or is not requesting that the Commission process its petition for rate increase using the proposed agency action process authorized in Section 366.06(4), F.S.

(2) In the event that a test year other than one based on a calendar year or the company’s normal fiscal year is selected, the notification shall include an explanation of why the chosen test year period is more appropriate.

(3) If the company cannot meet its filing date, it shall notify the Commission in writing before the due date and include an explanation of why it will not meet the filing date. The company shall include a revised filing date.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.06(1), 366.06(4) FS. History–New 9-21-92, Amended 9-28-94.

Fla. Admin. Code R. 25-7.150 Natural Gas Facilities Relocation Cost Recovery Clause

(1) A utility may file a petition for recovery of natural gas facilities relocation costs through the annual natural gas facilities relocation cost recovery clause (NGFRCRC). The petition seeking such cost recovery must be supported by testimony that provides details of the facilities relocation activities and associated costs.

(2) As part of the NGFRCRC or by a separate filing, a utility must seek a determination that “natural gas facilities relocation costs” are eligible for recovery through the NGFRCRC by providing the following information:

(a) The notification by the authority requiring the facilities relocation per section 366.99(1), Florida Statutes,

(b) A description of the scope of the facilities relocation to be undertaken per the requirements imposed by the authority, and

(c) An estimate of the costs associated with the relocation of the natural gas facilities.

(3) Each year, pursuant to the order establishing procedure in the annual NGFRCRC, a utility must submit the following:

(a) Final True-Up for Previous Year. The final true-up of natural gas facilities relocation cost recovery for a prior year must include revenue requirements based on a comparison of actual costs for the prior year and previously filed projected costs and revenue requirements for such prior year for each project determined to be eligible by the Commission. The final true-up must also include identification of each of the utility’s eligible facilities relocation projects for which costs were incurred during the prior year, including a description of the work actually performed during such prior year.

(b) Estimated True-Up for Current Year. The actual/estimated true-up of natural gas facilities relocation cost recovery must include revenue requirements based on a comparison of current year actual/estimated costs and the previously-filed projected costs and revenue requirements for such current year for each eligible project. The actual/estimated true-up must also include identification of each of the utility’s eligible facilities relocation projects for which costs have been and will be incurred during the current year, including a description of the work projected to be performed during such current year.

(c) Projected Costs for Subsequent Year. The projected natural gas facilities relocation cost recovery must include costs and revenue requirements for the subsequent year for each eligible project. The projection filing must also include identification of each of the utility’s eligible facilities relocation projects for which costs will be incurred during the subsequent year, including a description of the work projected to be performed during such year.

(d) True-Up of Variances. The utility must report observed true-up variances, including sales forecasting variances, changes in the utility’s prices of services and/or equipment, and changes in the scope of work relative to the estimates provided pursuant to paragraphs (2)(b) and (2)(c). The utility must also provide explanations for variances regarding the facilities relocation.

(e) Proposed Natural Gas Facilities Relocation Cost Recovery Factors. The utility must provide the calculations of its proposed factors and effective 12-month billing period.

(4) Natural gas facilities relocation cost recovery clause true-up amounts will be afforded deferred accounting treatment at the 30-day commercial paper rate.

(5) Subaccounts. To ensure separation of costs subject to recovery through the clause, the utility filing for cost recovery must maintain subaccounts for all items consistent with the Uniform System of Accounts prescribed by this Commission pursuant to Rule 25-7.014, F.A.C.

(6) Recovery of costs under this rule does not preclude a utility from proposing inclusion of unrecovered natural gas facilities relocation costs in base rates in a subsequent rate proceeding. Recovery of costs under this rule does not preclude inclusion of such costs in base rates in a subsequent rate proceeding, provided that such costs are removed from the NGFRCRC.

History

• Rulemaking Authority 366.99 FS. Law Implemented 366.99 FS. History–New 4-24-25.

Chapter 25-8 APPLICATION FOR AUTHORITY TO ISSUE AND SELL SECURITIES

Fla. Admin. Code R. 25-8.001 Applicability

These rules and regulations apply to public utilities regulated by the Commission under the provisions of Chapter 366, F.S., seeking authority to issue and sell securities. Utilities applying for authority to issue and sell securities have the option of filing an application for authority for a single transaction or an application to issue and sell one or more offerings of one or more types over a period of up to 12 months.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04 FS. History–New 1-8-75, Amended 10-1-75, 10-12-81, Formerly 25-8.01, Amended 7-27-86.

Fla. Admin. Code R. 25-8.002 Contents of Application

Each application for the authority to issue and sell securities shall contain in the manner and form and in the order indicated by this rule:

(1) The exact name of the applicant and address of its principal business office.

(2) The State under which incorporated, the date of incorporation, and the states in which domesticated.

(3) The name and address of the person authorized to receive notices and communications in respect to the application.

(4) A statement detailing items contained in paragraphs (a) through (g) of this subsection for each class and series of capital stock and funded debt. The statement shall reflect the latest twelve months period shown on the balance sheet submitted with the application as Exhibit A under paragraph 25-8.003(1)(a), F.A.C.

(a) A brief description;

(b) The amount authorized (face value and number of shares);

(c) The amount outstanding (exclusive of any amount held in the treasury);

(d) The amount held as reacquired securities;

(e) The amount pledged by applicant;

(f) The amount owned by affiliated corporations;

(g) The amount held in any fund.

(5) A brief statement of each proposed transaction. Such statement shall show:

(a) The kind and nature of the securities;

(b) The maximum principal amount of debt securities, and the maximum amount of equity securities;

(c) Present estimate of the interest rate(s) for the debt securities and the dividend rate(s) for the preference or preferred stocks, which estimate may be stated in terms of current rates for comparable securities.

(6) A statement showing in reasonable detail the purposes for which the securities are to be issued.

(a) If one of the purposes is the construction, completion, extension, or improvement of the facilities, identify the major generating plants and transmission lines requiring certification of need by the Commission. Also include the capital requirements needed for those projects and the actual capital expended to date.

(b) If one of the purposes is the reimbursement of the treasury of the applicant for expenditures against which securities have not been issued, submit a statement giving in reasonable detail such expenditures, the amounts and accounts to which charged, the associated credits, if any, and the periods during which the expenditures were made.

(c) If one of the purposes is the refunding of obligations, describe in reasonable detail the obligations to be refunded, including the character, principal amounts, discount or premium applicable thereto, date of issue and date of maturity, and all other material facts concerning such obligations.

(7) The facts relied upon by the applicant to show that each issue will be for some lawful object within the corporate purposes of the applicant and compatible with the public interest and is reasonably necessary or appropriate for such purposes.

(8) The name and address of counsel who will pass upon the legality of the proposed issues, and names of any firms of which they, or any of them, are members.

(9) A statement as to whether or not any application, registration statement, etc., with respect to the transaction or any part thereof is required to be filed with any other State or Federal regulatory body and, if so, the name and address of each such body.

(10) A statement of the measure of control or ownership exercised by or over the applicant as to any public utility: where there are any intercorporate relationships through holding companies, ownership or securities or otherwise, a statement regarding the nature and extent of such relationship; if not a member of any holding company system, a statement to that effect.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04(1) FS. History–New 1-8-75, Amended 10-12-81, Formerly 25-8.02, Amended 7-27-86, 3-4-97.

Fla. Admin. Code R. 25-8.003 Required Exhibits

(1) The applicant shall file either one certified and five uncertified copies or one certified copy, one uncertified copy, and a copy on diskette of the following exhibits as part of its initial application or as an amendment to its initial application where appropriate or where indicated by this rule.

(a) Exhibit A. The following schedules:

1. Balance Sheet. A balance sheet prepared as provided by the Federal Energy Regulatory Commission’s Uniform System of Accounts showing the balance in each account at the close of the calendar year preceding the filing of the application, and also showing the balance in account at the end of the latest 12-month period available prior to the filing of the application.

2. Summary of Utility Plant and Accumulated Provision for Depreciation, Amortization, and Depletion. A summary of utility plant, amortization, and depletion prepared as provided by the Uniform System of Accounts showing the balance in each account at the close of the calendar year preceding the filing of the application, and also showing the balance in each account at the end of the latest 12-month period available prior to the filing of the application.

3. Income Statement. An income statement prepared as provided by the Uniform System of Accounts showing the balance in each account at the close of the calendar year preceding the filing of the application, and also showing the balance in each account at the end of the latest 12-month period available prior to the filing of the application.

4. Retained Earnings. A statement of retained earnings as provided by the Uniform System of Accounts, and prepared in the same manner and for the same period as the income statement in paragraph (b) of this subsection.

5. A statement of all known contingent liabilities except minor items involving relatively small amounts, as of the date of the application.

6. A utility may, however, satisfy the requirements of Exhibit A by providing the following in lieu of the schedules listed in items 1. through 5. above:

(I) The financial statements and accompanying footnotes as they appear in the utility’s Annual Report on Form 10-K, as filed with the United States Securities and Exchange Commission, for the most recent fiscal year ended prior to the filing of the application;

(II) The financial statements and accompanying footnotes as they appear in the utility’s most recent Quarterly Report on Form 10-Q, as filed with the United States Securities and Exchange Commission prior to the filing of the application; and

(III) Any amendments or changes to the financial information presented in the utility’s most recent Form 10-K and Form 10-Q as filed with the Securities and Exchange Commission which the utility has filed prior to the filing of the application.

(b) Exhibit B. The following projected financial information, reflecting the applicant’s most recent official forecast.

1. Sources and Uses of Funds Statement. Information identifying sources and uses of funds should be prepared for the period covered by the proposed issuance of securities. This information need not project the applicant’s net income. If a utility opts to file Forms 10-K and 10-Q pursuant to subparagraph 25-8.003(1)(a)6., F.A.C., a separate sources and uses of funds statement is not required if the Forms 10-K and 10-Q cover the period of issuance.

2. Construction Budget. A Construction Budget for Gross Property Additions should be prepared for the same period as the Sources and Uses of Funds Statement.

(2) Where the utility has previously filed with the Commission the information to be contained in its application or in Exhibit A or B, and where the previous filing is current or up-to-date, the Commission will accept specific reference to that filing in lieu of a separate filing to meet the requirements of this rule.

(3) A utility filing information required by this rule, Rule 25-8.002, F.A.C., or Rule 25-8.009, F.A.C., need not file information which duplicates that already provided pursuant to another requirement of this chapter, but shall make specific reference to where such information may be found in the filing.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04(1) FS. History–New 1-8-75, Amended 10-1-75, 12-20-75, 10-12-81, Formerly 25-8.03, Amended 7-27-86, 7-27-95, 3-4-97.

Fla. Admin. Code R. 25-8.004 Additional Information

The Commission may require additional information when it appears to be pertinent to a particular case.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04 FS. History–New 1-8-75, Amended 10-1-75, 12-20-75, 10-12-81, Formerly 25-8.04.

Fla. Admin. Code R. 25-8.005 Form and Style

Applications shall be printed or typewritten on 8 1/2-inch by 11-inch paper. The impression shall be on only one side of the paper and shall be double-spaced, except that quotations in excess of 50 words shall be single-spaced and indented. The original application and exhibits shall be submitted unbound; all copies of the application and exhibits shall be bound. The original of each application shall be signed in ink by the party in interest or by counsel and shall show the street and mailing address of the same. All other copies filed shall be fully conformed.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04 FS. History–New 1-8-75, Amended 10-12-81, Formerly 25-8.05, Amended 7-27-95.

Fla. Admin. Code R. 25-8.006 Number of Copies

Either an original and five copies or an original, one copy, and a copy on diskette shall be submitted.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04 FS. History–New 1-8-75, Formerly 25-8.06, Amended 7-27-95.

Fla. Admin. Code R. 25-8.007 Signature; False Statements

The original application shall be signed by a person having authority with respect to the application and having knowledge of the matters set forth in the application. Section 837.06, Florida Statutes, provides that any person who knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his official duty is guilty of a second degree misdemeanor.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04 FS. History–New 1-8-75, Amended 10-12-81, Formerly 25-8.07.

Fla. Admin. Code R. 25-8.008 Commission Action

After preliminary study or investigation of an application by staff, the Commission will give full consideration to the application and dispose of it either upon an examination of the filing or after public notice and an opportunity for hearing on the application, whichever is appropriate in the premises. Such disposition will ordinarily be accomplished within 45 days after the date on which filing is completed.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04(1) FS. History–New 1-8-75, Amended 10-12-81, Formerly 25-8.08, Amended 3-4-97.

Fla. Admin. Code R. 25-8.009 Consummation Reports

Within 90 days after the end of any fiscal year in which it issues securities, each utility issuing debt or equity in a fiscal year shall file either an original and three copies or an original, one copy, and a copy on diskette of a securities transaction consummation report with the Commission. The report shall list each issue that occurred in the fiscal year just ended, and state each issue’s terms and conditions, any amounts realized or net proceeds from each issue, and the expenses of each issue. The report shall also contain a statement showing capitalization, pretax interest coverage, and debt interest and preferred stock dividend requirements as of the end of the preceding fiscal year. Each utility shall concurrently file either four copies or two copies and a copy on diskette of the following:

(1) Copies of each mortgage, indenture, or other agreement under which the securities were issued and of the prospectus, and any supplement or amendment thereto for each security issued, if applicable.

(2) A copy of each signed opinion of counsel with respect to the legality of each issue.

(3) A copy of each first filing of registration with the Securities and Exchange Commission, complete with financial exhibits, any other statements filed with that agency concerning each issue, including the utility’s most current Form 10-K, and a copy of each application and exhibit filed with any other state regulatory body in connection with each issue.

(4) A copy of all contracts, underwritings, and other arrangements providing for the sale or marketing of the securities.

(5) A statement as to underwriter’s and finder’s fees, if any, for each issue as follows:

(a) The name and address of each underwriter, the respective amount underwritten, and the amount of the underwriter’s fee.

(b) The name and address of each known person receiving or entitled to a fee other than an underwriter’s fee for services in connection with the negotiation or consummation of an issue or sale of securities, or for services in securing underwriters, sellers or purchasers of securities, and the amount of such fee. For the purpose of this subsection, such a fee shall be referred to as a finder’s fee, but shall not include fees paid or to be paid for technical services or for the services of an attorney or an accountant.

(c) The affiliation, direct or indirect, through directors, officers, or stockholders, or through ownership of securities or otherwise existing between applicant and any such underwriter or finder.

(d) When a finder’s fee is involved, the facts showing the necessity for the employment of the finder, the services rendered, and the reasonableness of the fee.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04 FS. History–New 1-8-75, Amended 10-12-81, Formerly 25-8.09, Amended 7-27-86, 7-27-95.

Fla. Admin. Code R. 25-8.010 Omission of Duplicate Information

An applicant may omit from its application or supporting exhibits any information or item filed with the Securities and Exchange Commission pursuant to the Securities Act of 1933 or any other federal regulatory law administered by that agency and enacted prior to the effective date of this rule. Such omission, however, shall be noted in the application or exhibit with a specific reference to the filing.

History

• Rulemaking Authority 366.05 FS. Law Implemented 366.04 FS. History–New 1-8-75, Amended 10-12-81, Formerly 25-8.10.

Chapter 25-9 CONSTRUCTION AND FILING OF TARIFFS BY PUBLIC UTILITIES

Fla. Admin. Code R. 25-9.001 Application and Scope

The provisions of Rules 25-9.002 through 25-9.045, F.A.C., shall only apply to public utilities as defined in subsection 25-9.002(2), F.A.C., and the provisions of Rules 25-9.051 through 25-9.071, F.A.C., shall only apply to municipalities and cooperatives as defined in subsection 25-9.051(2), F.A.C.

History

• Rulemaking Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.04(2)(b), 366.05(1), 367.091, 367.101 FS. History–New 1-8-75, Repromulgated 10-22-75, Amended 8-9-79, Formerly 25-9.01, Amended 2-23-86, 1-8-95, 1-25-09, 12-30-15.

Fla. Admin. Code R. 25-9.002 Definitions

For the purposes of Rules 25-9.002 through 25-9.045, F.A.C., the following definitions shall apply:

(1) The word “Commission” refers to the Florida Public Service Commission.

(2) The word or words “utility” or “public utility” as used in these rules shall mean and include all electric and gas utilities, water systems, and wastewater systems, which are, or may hereafter be, subject to the rate jurisdiction of this Commission.

(3) The term “rules” and/or “regulations” refers to the general practices followed by the utility in carrying on its business with its customers and includes the rules, practices, classifications, exceptions and conditions observed by the utility in supplying service.

(4) The term “rate” refers to the price or charge for utility service.

(5) The term “rate schedule” refers to the rate or charge for the particular classification of service plus the several provisions necessary for billing, including all special terms and conditions under which service shall be furnished at such rate or charge.

(6) The term “standard forms” means and includes all standard contract or agreement forms for execution between the utility and its customers.

(7) “Contracts and agreements” shall refer to special contracts entered into by the utility for the sale of commodities or services in a manner or subject to provisions not specifically covered by its filed standard rate schedules.

(8) The term “tariff” shall refer to the assembled volume containing the “rules,” “regulations,” “rate schedules,” “standard forms,” “contracts,” and other material required by these regulations as filed with the Commission.

History

• Rulemaking Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.081, 367.091, 367.101 FS. History–New 1-8-75, Repromulgated 10-22-75, Formerly 25-9.02, Amended 1-25-09, 12-30-15.

Fla. Admin. Code R. 25-9.003 Information to Public

(1) Each utility shall maintain for public inspection, in each office where application for service may be made, schedules applicable to all territory the business of which is commonly transacted at such office, showing all rates and charges made or enforced, all standard forms of contract or agreement, and all rules, regulations and classifications relating to rates, charges or service used or available for use, and all general privileges and facilities granted or allowed. The same shall be readily accessible to the public at all times during office hours, and on demand by any person during such office hours shall be produced for examination.

(2) A printed notice shall be kept posted by each utility in a public and conspicuous place in each office where application for service may be made stating that its schedules, including rules and regulations and standard contract and agreement forms, are on file at that office and are open to examination by any person.

History

• Rulemaking Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091, 367.101 FS. History–New 1-8-75, Repromulgated 10-22-75, Formerly 25-9.03.

Fla. Admin. Code R. 25-9.004 General Filing Instructions

(1) Each utility shall file with the Commission 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 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 thereof, shall be submitted to the Commission in quadruplicate and in the form prescribed 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) 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.

History

• 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.

Fla. Admin. Code R. 25-9.005 Information to Accompany Filings

(1) Except in the case of schedules published under authority of an order of the Commission that sets rates, charges or conditions of service, each letter of transmittal shall be accompanied by the following items in connection with each service classification in which any change is proposed:

(a) As applicable, a tabulation in typical bill form setting forth, at representative consumption levels, the charges applicable under the present and proposed rates, together with the differences expressed in dollars and in percent;

(b) The estimated gross increase or decrease in annual revenues resulting therefrom, if ascertainable.

(2) In addition to the foregoing, electric utilities and gas utilities shall provide the following:

(a) A description of the service or equipment and its functions;

(b) A statement of the justification for the change and documentation supporting that justification;

(c) If a service or type of equipment is proposed to be limited or discontinued, a description of other service or equipment options available to customers.

(d) A company may request a waiver of any of the requirements of this subsection upon a written application showing that the requirement is inordinately burdensome or unnecessary for analysis of its filing. The director of the Division of Economics will dispose of any such request. A company may request Commission review of a denial of a waiver.

(3) Where the change involves a rate or charge and the electric or gas utility elects to make a cost study, the utility shall file a cost information statement containing a summary of the cost study performed, including:

(a) All underlying assumptions;

(b) The cost study number, if assigned;

(c) The cost of providing the service or equipment;

(d) The proposed contribution above or below direct cost, stated in both dollars and percent;

(e) A statement as to why each above-cost or below-cost contribution rate was chosen; and

(f) The anticipated effect of the change on the company’s rate of return.

(4) Whenever a new or additional service classification or rate schedule is filed with the Commission, the information required by subsection (1) above need not be furnished. In lieu thereof, a statement shall be filed stating the purpose and reason for the new service classification or schedule and, if determinable, the estimated annual revenue to be derived therefrom and the estimated number of customers to be served thereby.

(5) The company shall provide a coded copy of each tariff sheet filed showing changes to the existing tariff sheet. Changes shall be indicated by inserting and underlining new words; words to be deleted shall be lined through with hyphens.

History

• Rulemaking Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.06, 367.081, 367.091 FS. History–New 1-8-75, Repromulgated 10-22-75, Amended 1-18-82, 8-8-85, Formerly 25-9.05, Amended 5-24-94, 1-25-09.

Fla. Admin. Code R. 25-9.006 Size and Form of Tariffs

(1) All tariffs filed under these rules shall be submitted in loose leaf form on 8 1/2'' x 11'' sheets, printed, typewritten, 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 sufficient margin shall be so allowed on each sheet 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.

History

• 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.

Fla. Admin. Code R. 25-9.007 Gas - Electric - Water - Wastewater Utility Tariffs

Tariffs for gas, electric, water and wastewater utilities shall consist, where applicable, of the following sections in the order named:

Ref. Rule No.

(1) Front cover

25-9.020

(2) Title page

25-9.021

(3) Table of contents

25-9.022

(4) General description of the territory served

25-9.023

(5) Miscellaneous

25-9.024

(6) Technical terms and abbreviations

25-9.025

(7) Index of rules and regulations

25-9.026

(8) Rules and regulations

25-9.027

(9) List of communities served

25-9.028

(10) Index of rate schedules

25-9.029

(11) Rate schedules

Fla. Admin. Code R. 25-9.008 Telephone Utility Tariffs

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.04 FS. History–New 1-8-75, Repromulgated 10-22-75, Formerly 25-9.08, Repealed 1-25-09.

Fla. Admin. Code R. 25-9.009 Numbering and General Data Required for Each Sheet

The numbering and general data required by this rule and listed below shall appear on each sheet in the rate book excepting the front and back covers and the individual sheets of special contracts.

(1) Every sheet (or page) in the rate book shall be numbered. While any system which provides for an orderly arrangement of the tariff is acceptable, it is suggested that, in the interest of uniformity, all utilities give consideration to the following recommended procedures:

(a) Those utilities subject to Rule 25-9.007, F.A.C., should employ a decimal system of numbering, so that any new or additional material 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 limited to relatively few pages, may, at their option, employ a simple consecutive sheet numbering system.

(2) Each sheet shall bear the name of the utility, which shall appear in the upper left-hand corner of the sheet.

(3) The FIRST issue of each sheet in the rate book shall be marked “Original Sheet” in the upper right-hand corner of the sheet. As an example:

Original Sheet No. 1, or Original Sheet No. 5.2.

(4) Revised sheets in the rate book 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) At the bottom of each sheet shall appear the name and title of the issuing officer of the utility.

History

• 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.

Fla. Admin. Code R. 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 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 shall not be used in numbering service classifications or rate schedules.

(2) When revisions or additions to existing schedules or sheets require more space, one or more sheets shall be issued to which the same sheet number shall be given with a letter suffix; for example, if changes 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 shall be issued as First Revised Sheet No. 5.2-A, etc.

History

• 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.

Fla. Admin. Code R. 25-9.020 Front Cover

History

• 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 25-9.20, Repealed 9-1-26.

Fla. Admin. Code R. 25-9.021 Title Page

The title sheet shall be a repetition of the front cover except that it shall be Sheet No. 1 of the rate book (upper right-hand corner) and shall have thereon the general information required by Rule 25-9.009, F.A.C., of these regulations.

History

• 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.

Fla. Admin. Code R. 25-9.022 Table of Contents

(1) In rate books of less than thirty (30) sheets, the table of contents may serve as a detailed subject index for the entire volume or for all sections the size of which does not require an individual index.

(2) In the larger rate books the major sections will be individually indexed in accordance with Rule 25-9.007, F.A.C. In these larger rate books the table of contents will serve as an index or guide to the separate sections as set out in Rule 25-9.007, F.A.C.

History

• Rulemaking Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.121 FS. History–New 1-8-75, Formerly 25-9.22, Amended 1-25-09.

Fla. Admin. Code R. 25-9.023 Description of Territory Served

(1) A brief, general description and/or map (8 1/2'' x 11'' inches) of the territory served by the utility shall be provided in this section.

(2) Where the brevity of the description permits, this data may be placed on the title page (Rule 25-9.021, F.A.C., above) in which case this section may be omitted.

History

• 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.

Fla. Admin. Code R. 25-9.024 Miscellaneous

There should be placed in this section any information or data of a general nature which the utility believes pertinent or informative and which does not belong under any of the specified captioned sections.

History

• 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 25-9.24.

Fla. Admin. Code R. 25-9.025 Technical Terms and Abbreviations

This section shall contain full and concise information as to the meaning of all technical and special terms and abbreviations and of all reference marks used in the regulations or rate schedules.

History

• 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 25-9.25.

Fla. Admin. Code R. 25-9.026 Index of Rules and Regulations

There shall be set forth in this section a detailed index of the utility’s rules and regulations to facilitate ready reference to any particular rule.

History

• 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 25-9.26.

Fla. Admin. Code R. 25-9.027 Rules and Regulations

(1) This section shall include all rules, regulations, practices, services, classifications, exceptions and conditions made or observed relative to the utility service furnished which are general and apply to all or many of the rate schedules.

(2) The regulations shall be lettered or numbered and titled so that convenient reference can be made to them.

(3) If a general regulation does not apply to a particular schedule or classification, that fact should be clearly stated.

History

• 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 25-9.27, Amended 1-25-09.

Fla. Admin. Code R. 25-9.028 List of Communities Served

(1) This section shall list each community served and indicate for each the rate schedules available to customers located therein.

(2) If the operations of the utility are confined to a singularly small area and/or if the utility’s rate schedules are uniform with respect to the communities served (i.e., the same rates are available throughout the territory), this section may be omitted provided the “Description of Territory Served” (Rule 25-9.023, F.A.C.) is complete and each rate schedule clearly states that it is available throughout the utility’s entire territory.

History

• Rulemaking Authority 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.121, 367.171(1) FS. History–New 1-8-75, Formerly 25-9.28.

Fla. Admin. Code R. 25-9.029 Index of Rate or Exchange Schedules

(1) This section shall provide an index to facilitate prompt reference to any particular rate schedule.

(2) In cases where the rate sections for which this index is provided contain less than twelve (12) sheets, this section may be omitted.

History

• 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.

Fla. Admin. Code R. 25-9.030 Rate Schedules – General

(1) All standard rate schedules governing service to customers shall be placed in and made a part of this section, except special contracts.

(2) In case all the information pertaining to an individual rate schedule cannot be placed on one sheet, place the note “Continued to Sheet No. ____” at the bottom of the sheet and “Continued from Sheet No. ____” at the top of the next sheet.

Rulemaking Authorit 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091 FS. History–New 1-8-75, Formerly 25-9.30.

Fla. Admin. Code R. 25-9.031 Electric – Gas – Water – Wastewater Utility Rate Schedules

(1) The sequence of arrangement for rate schedules shall be as follows:

(a) Rate schedules of general applicability.

(b) Rate schedules for residential (domestic) service.

(c) Rate schedules for rural service.

(d) Rate schedules for commercial service.

(e) Rate schedules for industrial service.

(f) Rate schedules for municipal service.

(g) Rate schedules for miscellaneous or special services.

(2) Only one rate schedule shall be placed on a single sheet.

(3) The following information, as applicable, shall be shown in connection with every rate schedule:

(a) Identification of schedules. In any tariff in which a number of schedules are shown applicable to various uses, each schedule shall be identified by a letter or letters and/or a number. The letters used for schedule designation shall be indicative of the class of service to which the schedule is applicable; e.g., G or GS for General Service; R or RS for Residential, etc.

(b) Availability. The availability clause shall define the areas or communities in which the rate schedule is effective. Where schedules are available in a large number of communities, the list of communities and available rate schedules required by Rule 25-9.029, F.A.C., shall be complete and accurate, in which case the availability of a rate schedule may be indicated by reference to such indexed list. (Example: Available within the corporate limits of ____, or See Sheet No. ____ for availability.)

(c) Applicability. The applicability clause shall define the class of customer or type of use to which the rate schedule applies.

(d) Character of service.

1. If not continuous, then state whether limited standby, off-peak, or what.

2. The current characteristics for electric service shall be stated and the heating value of gas service, unless shown elsewhere in the rate book, for the entire territory served.

(e) Limitations of service. Any limitations or restrictions applicable to service under the particular rate schedule should be clearly stated.

(f) Rate or rates.

(g) Minimum charge. Here state clearly the minimum charge and the period which it covers. If there is no minimum charge, so state.

(h) Terms of payment. Where the rate or rates are subject to discount or penalty, this clause shall state the conditions governing such provision.

(i) Billing adjustment. Where the rates are subject to the application of adjustment clauses such as fuel, purchase, commodity, or tax clauses, the provisions governing such application shall be clearly stated. Where any given clause is applicable to all or many of the rates employed, such clause may be set forth on separate sheets, together with an index of the rates to which it applies, in which case each rate schedule may make reference to such sheet and index.

(j) Demand charges. Where a demand component is used in the rate structure, there shall be set forth a clause defining the method of determination of demand.

(k) Term of service. If the rate shown is subject to usage over any specified minimum period, that fact should be stated.

(l) Additional clauses. Any other clauses which modify or have application to the rate set forth, such as primary voltage discount, power factor clause, etc., should be included, where applicable.

(m) Miscellaneous. Any special rules, regulations, provisions or privileges which the utility may require or permit.

History

• Rulemaking Authority 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.121 FS. History–New 1-8-75, Formerly 25-9.31.

Fla. Admin. Code R. 25-9.032 Telephone Utility Exchange Schedules

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.04 FS. History–New 1-8-75, Formerly 25-9.32, Repealed 1-25-09.

Fla. Admin. Code R. 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), where the same pertains to subscribers’ and/or customers’ services, shall be included in this section.

(2) All such forms 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 shall be filed with the Commission.

(4) If such standard forms are numerous, this section shall be prefaced with an index as provided in Rule 25-9.008, F.A.C.

History

• Rulemaking Authority 366.05(1), 367.121 FS. Law Implemented 366.05(1) FS. History–New 1-8-75, Formerly 25-9.33.

Fla. Admin. Code R. 25-9.034 Contracts and Agreements

(1) Wherever 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. If such special contracts are approved by the Commission, a conformed copy of the contract shall be placed on file with the Commission before its effective date.

The provisions of this rule shall not apply to contracts or agreements governing the sale or interchange of commodity or product by or between a public utility and a municipality or R.E.A. cooperative, but shall otherwise have application.

(2) Each utility shall make provision to file with the Commission a conformed copy of all such special contracts which are currently in effect 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.

History

• 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.

Fla. Admin. Code R. 25-9.044 Change of Ownership

(1) In case of change of ownership or control of a utility which places the operation under a different or new utility, or when its name is changed, the company which will thereafter operate the utility business must adopt and use the rates, classifications and regulations of the former operating company (unless authorized to change by the Commission), and shall, within ten (10) days, issue and file a notice adopting, ratifying, and making its own all rates, rules, classifications and regulations of the former operating utility on file with the Commission and effective at the time of such change of ownership or control.

(2) New utility. Within thirty (30) days after the filing of such adoption notice by a public utility which then had no tariff on file with the Commission, said utility shall issue and file in its own name the tariff of the predecessor utility then in effect and adopted by it, or make application to the Commission for such other tariff as it may propose to put into effect in lieu thereof.

(3) Utility already in business. Within thirty (30) days after the filing of such adoption notice by a public utility which then had a tariff on file with the Commission, said utility shall issue and file in its own name rate schedules and regulations on additional or revised sheets of its existing tariff, or by a complete reissue of its existing tariff, which shall set out the rates and regulations of the predecessor utility then in effect and adopted by it, or make application to the Commission for such other rates and regulations as it may propose to put into effect in lieu thereof.

History

• Rulemaking Authority 350.127(2), 366.05, 367.121, 367.1214, 368.05 FS. Law Implemented 350.011, 366.04, 367.081, 367.121, 368.105 FS. History–New 1-8-75, Formerly 25-9.44.

Fla. Admin. Code R. 25-9.045 Withdrawal of Tariffs

Every public utility desiring to withdraw or cancel any tariff or any provision of a tariff which is considered no longer effective or necessary shall file with the Commission an informal application setting forth its reasons for desiring to withdraw or cancel such tariff or tariff provision, and requesting permission to withdraw same.

History

• 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.

Fla. Admin. Code R. 25-9.050 Application and Scope

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.50, Repealed 12-30-15.

Fla. Admin. Code R. 25-9.051 Definitions

For the purposes of Rules 25-9.051 through 25-9.071, F.A.C., the following definitions shall apply:

(1) “Commission” refers to the Florida Public Service Commission.

(2) “Utility” refers to the municipal electric utilities and rural electric 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 25-9.071, 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.

History

• 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.

Fla. Admin. Code R. 25-9.052 General Filing Instructions

(1) Each utility shall file with the Commission Clerk documentation as defined in subsection 25-9.051(6), F.A.C.

(2) All supplements, revisions, modifications or changes to the documentation shall be filed with the Commission Clerk at least 30 days prior to adoption by the utility. All materials filed with the Commission Clerk pursuant to subsection (1) of this rule will be reviewed for compliance with Rules 25-9.051 through 25-9.071, F.A.C., and retained in the Commission’s files.

(3) All documentation filed with the Commission Clerk shall be accompanied by a list of the materials being filed.

(4) When a utility’s filing reflects a proposed change in rate structure, the utility shall provide documentation to support the change in rate structure.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Amended 5-3-83, Formerly 25-9.52, Amended 12-30-15.

Fla. Admin. Code R. 25-9.0525 Municipal Surcharge on Customers Outside Municipal Limits

(1) The provisions of Rule 25-9.052, F.A.C., notwithstanding, a municipal electric utility may impose on those customers outside of its corporate limits a surcharge equal to the public service tax charged by the municipality within its corporate limits. To be equal to the tax, the surcharge shall apply to the same base, at the same rate, in the same manner and to the same types of customers as the tax. The surcharge shall not result in a payment by any customer for services received outside of the city limits in excess of that charged a customer in the same class within the city limits, including the public service tax.

(2) Each municipal electric utility seeking to impose a surcharge on customers outside of its municipal limits shall provide written documentation to the Commission demonstrating compliance with the terms of this rule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 6-14-83, Formerly 25-9.525.

Fla. Admin. Code R. 25-9.053 Evaluation of Filings

(1) A change to a utility’s rate structure must meet one of the following criteria:

(a) Is cost based;

(b) Has historical precedent;

(c) Embodies pricing concepts previously approved by the Commission; or

(d) Is not unduly discriminatory.

(2) After review of the utility’s proposed change in rate structure, staff will send written notification to the utility indicating:

(a) Administrative approval of the documentation; or

(b) How the proposed rate structure is inconsistent with the criteria listed in subsection (1) of this rule. Upon receipt of staff’s notification of inconsistency, the utility shall file an alternative proposed rate structure addressing staff’s concerns or file a statement that the utility disagrees with the staff determination of inconsistency and requesting the Commission to consider the proposed rate structure as filed.

(3) If the Commission finds the proposed rate structure inconsistent with subsection (1), the Commission shall direct the utility to file a rate structure that is consistent with the criteria in subsection (1) of this rule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.53, Amended 1-17-93, 12-30-15.

Fla. Admin. Code R. 25-9.054 Size and Form of Documentation

(1) All documentation filed under these rules shall be submitted in loose leaf form on 8 1/2'' × 11'' sheets, typewritten, 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 sufficient margin shall be so allowed across each sheet 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.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.54.

Fla. Admin. Code R. 25-9.055 Electric Utility Documentation

Documentation for electric utilities shall consist, where appropriate, of the following sections in the order named:

Reference Rule No.

(1) Front Cover

25-9.060

(2) Title Page

25-9.061

(3) Table of Contents

25-9.062

(4) General Description of Territory Served

25-9.063

(5) Miscellaneous

25-9.064

(6) List of Communities Served

25-9.065

(7) Index of Rate Schedules

25-9.066

(8) Rate Schedules

25-9.067

(9) Standard Forms

25-9.069

(10) Contracts and Agreements

25-9.070

(11) Back Cover

25-9.071

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.55.

Fla. Admin. Code R. 25-9.056 Numbering and General Data Required for Each Sheet

The numbering and general data required by this rule and listed below shall appear on each sheet in the rate book excepting the front and back covers and the individual sheets of special contracts.

(1) Each sheet (or page) in the rate book shall be numbered. The utilities shall employ a decimal system or numbering so that any new or additional material may be inserted in the logical place in the proper section of the documentation.

(2) Each sheet shall bear the name of a utility, which shall appear in the upper left-hand corner of the sheet.

(3) The first issue of each sheet in the rate books shall be marked, “Original Sheet”, in the upper right-hand corner of the sheet. As an example: Original Sheet No. 1, or Original Sheet No. 5.52.

(4) Revised Sheets in the rate book shall be marked with the series number of the revision in the upper right-hand corner and the number of the sheet(s) it replaces. For example:

First Revised Sheet 1

Cancelling Original Sheet No. 1

or

Fourth Revised Sheet No. 5.2

Cancelling Third Revised Sheet No. 5.2

(5) At the bottom of each sheet shall appear the name and title of the issuing officer of the utility and effective date of sheet.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.56.

Fla. Admin. Code R. 25-9.060 Front Cover

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.60, Repealed 9-1-26.

Fla. Admin. Code R. 25-9.061 Title Page

The title page shall be a repetition of the front cover except that it shall be Sheet No. 1 of the rate book (upper right corner) and shall have thereon the general information required by Rule 25-9.056, F.A.C., of these regulations.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.61.

Fla. Admin. Code R. 25-9.062 Table of Contents

(1) In rate books of less than fifteen (15) sheets, the table of contents may serve as a detailed subject index for the entire volume or for all sections the size of which does not require an individual index.

(2) In the larger rate books the major sections will be individually indexed in accordance with Rule 25-9.055, F.A.C. In these larger rate books the table of contents will serve as an index or guide to the separate sections as set out in the above rule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.62.

Fla. Admin. Code R. 25-9.063 Description of Territory Served

(1) A brief, general description and/or map (8 1/2'' × 11'' inches) of the territory served by the utility shall be provided in this section.

(2) Where the brevity of the description permits, this data may be placed on the title page (Rule 25-9.061, F.A.C. above) in which case this section may be omitted.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.63.

Fla. Admin. Code R. 25-9.064 Miscellaneous

There should be placed in this section any information or data of a general nature which the utility believes pertinent or informative and which does not belong under any of the specified captioned sections.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.64.

Fla. Admin. Code R. 25-9.065 List of Communities Served

(1) This section shall list each community served and indicate for each the rate schedules available to customers located therein.

(2) If the operations of the utility are confined to a singularly small area and/or if the utility’s rate schedules are uniform with respect to the communities served (i.e., the same rates are available throughout the territory), this section may be omitted provided the “Description of Territory Served” (Rule 25-9.063, F.A.C.) is complete and each rate schedule clearly states that it is available throughout the utility’s entire territory.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.65.

Fla. Admin. Code R. 25-9.066 Index of Rate Schedules

This section shall provide an index to facilitate prompt reference to any particular rate schedule.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.66.

Fla. Admin. Code R. 25-9.067 Rate Schedules

(1) All standard rate schedules governing service to customers shall be placed in and made a part of this section, except special contracts.

(2) In case all the information pertaining to an individual rate schedule cannot be placed on one sheet, place the note, “Continued to Sheet No. ____” at the bottom of the sheet and “Continue from Sheet No. ____” at the top of the next sheet.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.67.

Fla. Admin. Code R. 25-9.068 Electric Utility Rate Schedules

(1) The sequence of arrangement for rate schedules shall be as follows:

(a) Rate schedules of general applicability.

(b) Rate schedules of residential (domestic) service.

(c) Rate schedules for commercial service.

(d) Rate schedules for industrial service.

(e) Rate schedules for miscellaneous or special services.

(2) Only one rate schedule shall be placed on a single sheet.

(3) The following information, as applicable, shall be shown in connection with every rate schedule:

(a) Identification of schedules. In any rate book in which a number of schedules are shown applicable to various uses, each schedule shall be identified by a letter or letters and/or a number. The letter used for schedule designation shall be indicative of the class of service to which the schedule is applicable; e.g., G or GS for General Services; R or RS for Residential, etc.

(b) Availability. The availability clause shall define the areas or communities in which the rate schedule is effective. Where schedules are available in a large number of communities, the list of communities and available rate schedules required by Rule 25-9.066, F.A.C., shall be complete and accurate, in which case the availability of a rate schedule may be indicated by reference to such indexed list. (Example: Available within the corporate limits of ___, or See Sheet No. ___ for availability).

(c) Applicability. The applicability clause shall define the class of customer or type of use to which the rate schedule applies.

(d) Character of service.

1. If not continuous, then state whether limited standby, off-peak, or what.

2. The current characteristics for electric service shall be stated, unless shown elsewhere in the rate book, for the entire territory served.

(e) Limitations of service. Any limitations or restrictions applicable to service under the particular rate schedule should be clearly stated.

(f) Rate or rates.

(g) Minimum charge. Here state clearly the minimum charge and the period which it covers. If there is no minimum charge, so state.

(h) Terms of payment. Where the rate or rates are subject to discount or penalty, this clause shall state the conditions governing such provision.

(i) Billing adjustments. Where the rates are subject to the application of adjustment clauses such as fuel and/or tax clauses, the provisions governing such applications shall be clearly stated. Where any given clause is applicable to all or many of the rates employed, such clause may be set forth on separate sheets, together with an index of the rates to which it applies, in which case each rate schedule may make reference to such sheet and index.

(j) Demand charges. Where a demand component is used in the rate structure there shall be set forth a clause defining the method of determination of demand.

(k) Additional clauses. Any other clauses which modify or have application to the rate set forth such as primary voltage discount, power factor clause, etc., should be included, where applicable.

(l) Miscellaneous. Any special rules, regulations, provisions or privileges which the utility may require or permit.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.68.

Fla. Admin. Code R. 25-9.069 Standard Forms and Blank Bill Form

An exact copy of all standard forms and a blank bill form of each schedule will be shown.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-69, Formerly 25-9.69.

Fla. Admin. Code R. 25-9.070 Contracts and Agreements

(1) Whenever a special contract is entered into by a utility for the sale of electricity, said special contract shall be placed in this section.

(2) If the number and size of such special contracts warrant, they may be placed in a separate binder.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.70.

Fla. Admin. Code R. 25-9.071 Back Cover

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.71, Repealed 9-1-26.

Chapter 25-10 WATER AND SEWER SYSTEMS

Fla. Admin. Code R. 25-10.026 Location and Preservation of Records

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121(9) FS. History–New 9-12-74, Formerly 25-10.26, Repealed 1-17-11.

Fla. Admin. Code R. 25-10.111 Customer Billing

History

• Rulemaking Authority 367.121(1) FS. Law Implemented 367.111(1), 367.121 FS. History–New 9-14-74, Amended 5-21-79, Repealed 1-17-11.

Chapter 25-12 SAFETY OF GAS TRANSPORTATION BY PIPELINE

Fla. Admin. Code R. 25-12.001 Authorization

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-20-67, Amended 3-7-70, 11-14-70, 10-7-75, Formerly 25-12.02, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.002 Application

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 6-24-67, Amended 3-7-70, 11-14-70, 10-7-75, 10-2-84, Formerly 25-12.01, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.003 Scope

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 6-24-67, Amended 3-7-70, 11-14-70, 9-21-74, 10-7-75, 10-2-84, Formerly 25-12.03, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.004 Definitions

Definitions contained in codes or standards adopted by these rules are applicable to the rules and the adopted codes or standards with the following exceptions:

(1) “Commission”. Unless a different intent clearly appears from the context, the word “Commission” shall mean the Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, area code (850)413-6770.

(2) “Utility” or “Operator”. Except where a different meaning clearly appears from the context, the word “Utility” or “Operator” shall be every person, corporation, partnership, association, public agency, municipality, cooperative gas district or other legal entity and their lessees, trustees, or receivers, now or hereafter owning, operating, managing or controlling any gas transmission or distribution facility transporting gas as defined herein and not specifically exempt from state jurisdiction by the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act), Pub. L. 109-468 (codified as amended at 49 U.S.C. §60101 (2006)).

(3) “Gas”. Gas as used herein shall mean natural, manufactured, liquefied petroleum gas with air admixture, or any similar gaseous substances, but shall not include liquefied petroleum gas in either the liquid or gaseous form except when stored or used for peak shaving or standby fuels in conjunction with an operator’s system.

(4) “Inspector”. The term “Inspector” shall apply to a person designated by the utility vested with the authority to initiate action to assure compliance with the adopted codes.

(5) “Distribution System”. As used in these rules shall mean any group of interconnected pipe and facilities operating at a hoop stress of less than 20 percent specified minimum yield strength which transports gas from a common source of supply or storage facility to a customer.

(6) “Low Pressure Distribution System” is a gas distribution piping system or portion thereof which supplies gas to more than 10 customers through a common pressure reducing device(s) at a pressure substantially the same as the pressure provided to the customer.

(7) “Fusion” means the union of two plastic surfaces that have been heated, or have had solvents applied, sufficiently to melt and fuse them together.

(8) “Gas Meter” means an instrument manufactured primarily for use in measuring, and indicating or recording the measurement of, the volume of gas that has moved through the instrument.

(9) “Master Meter System” means a pipe system that receives gas through a gas meter and transports that gas to or for the public, with the gas being delivered through another gas meter prior to consumption.

(10) “Pipeline” means all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies. “Pipeline,” for the purposes of these rules, unless stated otherwise, includes mains and service lines.

(11) “Main” means a distribution pipeline that serves as a common source of supply for more than one service line.

(12) “Service line” means a distribution pipeline that transports gas from a common source of supply to a gas meter prior to consumption.

(13) “Weld” means the union of metals which have been heated sufficiently to melt and fuse them together.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 6-24-67, Amended 3-7-70, 11-14-70, 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.04, Amended 1-7-92, 12-15-09.

Fla. Admin. Code R. 25-12.005 Codes and Standards Adopted

The reporting requirements for operators of natural gas pipeline facilities prescribed by the Pipeline and Hazardous Materials Safety Administration in 49 C.F.R. Part 191 (October 1, 2023), are adopted and incorporated by reference as part of these rules and may be accessed at https://flrules.org/Gateway/reference.asp?No=Ref-18053. The minimum federal safety standards for natural gas pipeline facilities and the transportation of natural gas prescribed by the Pipeline and Hazardous Materials Safety Administration in 49 C.F.R. Part 192 (October 1, 2023), are adopted and incorporated by reference as part of these rules and may be accessed at https://flrules.org/Gateway/reference.asp?No=Ref-18054. The drug and alcohol testing requirements prescribed by the Pipeline and Hazardous Materials Safety Administration in 49 C.F.R. Part 199 (October 1, 2023) are adopted and incorporated by reference as part of these rules and may be accessed at https://flrules.org/Gateway/reference.asp?No=Ref-18055.

History

• Rulemaking Authority 368.03, 368.05(2), 350.127(2) FS. Law Implemented 368.03, 368.05 FS. History–New 11-14-70, Amended 9-24-71, 9-21-74, 10-7-75, 11-30-82, 10-2-84, Formerly 25-12.05, Amended 8-8-89, 1-7-92, 5-13-99, 4-26-01, 12-15-09, 10-11-12, 3-2-17, 7-10-19, 3-20-23, 5-12-25.

Fla. Admin. Code R. 25-12.006 Commission Interpretation of Rules

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 11-14-70, Amended 10-7-75, 10-2-84, Formerly 25-12.06, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.007 Commission Compliance Evaluations

(1) The Commission or its authorized representatives shall be granted access to all installations or construction projects at any and all reasonable times and shall be given access to any records or information related to or arising from compliance with these rules or the adopted regulations, standards, or codes.

(2) The Commission’s Division of Engineering or its authorized representative has the authority to require prudent and reasonable tests to be made by the operator to insure public safety and compliance with the Commission’s rules or adopted regulations, standards, or codes.

(3) When the Commission’s compliance evaluations or required tests create an unusual hardship, or the operator believes them to be imprudent and unreasonable, the utility may petition the Commission for a waiver of those requirements for good cause shown.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-24-67, Amended 11-14-70, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.07, Amended 1-7-92.

Fla. Admin. Code R. 25-12.008 New, Reconstructed or Converted Facilities

(1) No new or reconstructed system or portion thereof may be:

(a) Constructed, until written construction specifications complying with these rules are developed.

(b) Placed in service until the pipeline facilities have been inspected and found to comply with the construction specifications and Operating and Maintenance Plans.

(2) Before a piping system can be converted to a regulated gas, the operator must:

(a) Have a general conversion procedure as a part of its operation and maintenance plan.

(b) File a conversion plan with the Commission for the specific system at least 15 days prior to start of conversion. This plan need not be filed for minor conversions which are scheduled to be completed in one day and where sectionalizing of the system to be converted is not planned.

(c) Have inspections performed of the pipeline to assure that it was constructed in accordance with standards applicable at the time of installation. Visual inspection of the underground facilities will not be required if construction and testing records have been maintained.

(d) Review the operating and maintenance history of the system to be converted. Any areas showing abnormal maintenance requirements shall be replaced, reconditioned or otherwise made safe prior to conversion.

(e) Establish the maximum allowable operating pressure no greater than the highest sustained operating pressure during the 5 years prior to conversion unless it was tested or uprated after July 1, 1970 in accordance with the Subparts J or K of 49 C.F.R. 192, as incorporated in Rule 25-12.005, F.A.C.

(f) Make a leak survey over the entire converted system concurrent with the conversion.

(g) Determine areas of active corrosion in accordance with Subpart I of 49 C.F.R. 192, as incorporated in Rule 25-12.005, F.A.C., and these rules. Required cathodic protection must be accomplished within 1 year after the date of conversion except that buried steel tubing must be protected prior to placing the system into operation.

History

• Rulemaking Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, 10-2-84, Formerly 25-12.08, Amended 12-15-09, 10-11-12, 3-2-17, 5-12-25.

Fla. Admin. Code R. 25-12.009 Safety

(1) Each operator shall establish a continuing education program so as to enable its customers and the public to recognize a gas pipeline emergency for the purpose of reporting it to the operator.

(2) Each operator shall exercise due care to reduce the hazards to which employees, customers and the public may be subjected to by reason of its equipment and facilities.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-14-67, Amended 11-14-70, 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.09.

Fla. Admin. Code R. 25-12.010 Employee Education

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, Formerly 25-12.10, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.011 Customer Piping and Appliances

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 4-21-71, Amended 9-21-74, 10-7-75, Formerly 25-12.11, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.012 Disconnection of Services Due to Inactivity

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 4-21-71, Formerly 25-12.12, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.013 Investigation of Gas Leak Complaints

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 4-21-71, Formerly 25-12.13, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.014 Unauthorized Operation of Company Facilities

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 4-21-71, Formerly 25-12.14, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.020 Construction Specifications and Inspections

(1) Each operator shall formulate comprehensive written construction specifications for all phases of design, installation, testing, repair and inspection in sufficient detail to assure compliance with these rules. All work performed must be in accordance with these specifications.

(2) Field inspections by the operator shall be sufficient to assure the materials used and work performed comply with these rules and the operator’s construction specifications.

(3) Inspectors shall be qualified by appropriate training and experience to recognize departures from specifications and shall be given authorization by the operator to initiate action to cause the repair or removal of any component that fails to meet these rules or the operator’s construction specifications.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.20, Amended 1-7-92.

Fla. Admin. Code R. 25-12.021 Use of Plastic Pipe

(1) Before using specific types of plastic pipe and fittings, the operator shall:

(a) Establish a joining procedure specification for each kind and type of plastic resin used in forming joints with solvent cement or heat fusion joint.

1. Qualify procedures by ascertaining that assemblies made in accordance with the procedures have been tested. These tests shall be sufficient to prove that the joint is as strong as the pipe, that it is gas tight, and that it can sustain anticipated longitudinal pull.

2. Qualify personnel in accordance with the procedures to prove their ability to make satisfactory joints and repairs. This personnel qualification shall be accomplished by appropriate training and by experience in the use of the procedures and shall be verified by destructive testing of joints made by the personnel.

(b) Establish a joining procedure specification for each kind and type of mechanical fitting.

1. Qualify procedures by ascertaining that assemblies made in accordance with the procedure have been tested. These tests shall be sufficient to prove that the joint is as strong as the pipe, that it is gas tight, and that it can sustain anticipated longitudinal pull or thrust forces.

2. Qualify personnel in accordance with the procedures to prove their ability to make satisfactory joints and repairs. This personnel qualification shall be accomplished by appropriate training and by experience in the use of the procedures.

(2) Thermosetting plastic pipe may not be used for direct burial without first submitting a proposal for providing protection from external damage to the Commission for review and approval.

(3) All underground plastic pipelines must have an electrically conductive wire or other suitable means to provide positive location. When a wire is used and it is subject to corrosion, it must have an insulating coating.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.21, Amended 1-7-92.

Fla. Admin. Code R. 25-12.022 Requirements for Distribution System Valves

(1) Valves ahead of regulator stations – A valve shall be installed upstream of each regulator station for use in an emergency to stop the flow of gas. These valves are to be installed at a safe distance from the station, but no more than 500 feet from the regulator station. The distance for the valve location can be greater than 500 feet if physically impractical to install closer.

(2) Sectionalizing valves – Valves shall be spaced within each distribution system to reduce the time to shut-down a segment of the system in an emergency. In determining the spacing of these valves, the following factors shall be evaluated:

(a) Volume and pressure of gas between valves.

(b) Size of area and population density between valves required to isolate the area and the accessibility of the required valves.

(c) The minimum number of personnel required to shutdown and restore the area.

(d) Other means and availability of required equipment to control the flow of gas in the event of an emergency.

(e) The number and type of customers, such as hospitals, schools, commercial and industrial loads that will be affected.

(3) Identification – Emergency or sectionalizing and other critical valves shall be designated on appropriate records, drawings or maps used by the operator and shall be referenced to “permanent” aboveground structures or other field ties so the valves can be readily located. The centerline of the road or highway, property line, or right-of-way may be used as one of the referenced structures. The valve installation and all records showing these valves must be marked for prompt identification using any logical designating system. The valve marking must be accomplished using a durable tag or other equivalent means located as follows:

(a) For aboveground valves or valves located in vaults which have to be operated from within the vault, the marking shall appear on the valve body or hand wheel.

(b) For buried valves or valves operated by a key wrench, the marking shall be legible and may be on any type of permanent material placed in a visible location inside of the curb box or standpipe where the cover will not abrade the marking. Marking the cover only is not acceptable.

(4) Blowdown valve requirements – Where blowdown valves are used to aid the evacuation of gas from segments of mains between isolation valves, these valves must:

(a) Be protected against tampering and mechanical damage from outside forces.

(b) Be designed for safe venting giving consideration to the direction of flow, electric facility locations, proximity of people, etc.

(c) Be readily accessible in the event of an emergency.

(5) All the sectionalizing or emergency valves which may be necessary for the safe operation of the system must be inspected and maintenance performed to assure location, access and operating ability at intervals not exceeding 15 months but at least each calendar year.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, 10-2-84, Formerly 25-12.22, Amended 12-15-09, 3-2-17.

Fla. Admin. Code R. 25-12.023 Limitations on Underground Threaded Joints

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, Formerly 25-12.23, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.024 Prohibition of Pipelines Under Buildings

Where practicable, no portion of an operator’s gas pipeline shall be installed under a building nor any portion of a building be allowed to be constructed over a segment of any pipeline. Where this requirement cannot be met, pipelines under buildings shall be encased with necessary sealing and venting provided to assure that any gas leakage which may occur on the portion of the pipeline under or adjacent to the building will be safely contained within the casing or vented to a safe location.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Formerly 25-12.24.

Fla. Admin. Code R. 25-12.025 Limitations on Materials Used

History

• Rulemaking Authority 368.04(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, Formerly 25-12.25, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.026 Service Regulator Requirements

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 9-21-74, Amended 10-7-75, Formerly 25-12.26, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.027 Welder Qualification

(1) No welder shall make any pipeline weld unless the welder has qualified in accordance with Section 6, or Section 12 for automatic welding, of American Petroleum Institute Standard 1104 (API 1104), Welding of Pipelines and Related Facilities, 21st edition, September 2013, incorporated by reference herein, or Appendix C of 49 C.F.R. 192, as incorporated in Rule 25-12.005, F.A.C., within the preceding 15 months, but at least once each calendar year. API 1104 is copyrighted and may be inspected and examined at no cost at the Florida Public Service Commission, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850 or at the Department of State, 400 S. Monroe Street, Room 701, the Capitol, Tallahassee, FL 32399. A copy of the American Petroleum Institute Standard 1104 may also be obtained from the American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100, Washington, DC 20001-5571.

(2) No welder shall weld with a particular welding process unless the welder has engaged in welding with that process within the preceding six calendar months. A welder who has not engaged in welding with that process within the preceding six calendar months must requalify for that process as set forth in subsection (1) of this rule.

History

• Rulemaking Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05 FS. History–New 1-7-92, Amended 12-15-09, 10-11-12, 3-2-17, 5-12-25.

Fla. Admin. Code R. 25-12.028 Marking of Materials

(1) Each valve, fitting, length of pipe, or other component must be clearly marked as prescribed in the specification or standard to which it was manufactured.

(2) An operator must obtain prior approval from the Commission’s Bureau of Safety in order to make any marking alterations or remarking after acceptance of delivery, except for remarking pipe after coating.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 1-7-92.

Fla. Admin. Code R. 25-12.029 Limiting Use of Pipeline Casings

The installation of casings on metallic pipelines is prohibited unless necessary for the installation process of the pipeline or justifiably required by an appropriate governmental authority.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 1-7-92.

Fla. Admin. Code R. 25-12.030 Construction Inspection

(1) All welds and fusions on a gas pipeline must be inspected prior to installation or use of the pipeline. Such inspections must be performed by a qualified construction inspector, who may be designated or employed by either the utility or the contractor performing the installation. The inspector may be a person performing welding or joining on the gas pipeline.

(2) All gas mains must be inspected prior to installation of the main. Such inspections must be performed by a qualified construction inspector employed or designated by the utility to maintain quality control on the gas main installation project. The qualified construction inspector may be a person performing welding or joining on the gas main project, but may not be employed or designated by the contractor performing the installation. The utility may determine the frequency of such inspections, which must be sufficient in extent and number to insure proper installation and joining.

(3) Randomly selected welds must be subjected to destructive or x-ray testing during construction of any pipeline that is at least two inches in diameter and over five thousand feet in length. At least two welds must be tested from each five thousand feet of the pipeline under construction. The result of the test must be evaluated according to a written procedure which has been established in writing, tested and found to produce joints of a strength that meet or exceed, as a minimum, one of the strength standards listed in the Code of Federal Regulations, Part 192, Appendix B – Qualification of Pipe.

(4) Each operator shall establish and maintain for the life of the system a record of each test and inspection required in subsections (1), (2) and (3) above, and each main tie-in weld when any one pipeline is greater than two inches in diameter. The record shall include as a minimum:

(a) The name of the person or persons performing the joining;

(b) The name of the person or persons performing the testing or inspection;

(c) The size of pipe;

(d) The type of material;

(e) The location of construction;

(f) The date of test or inspection; and

(g) The defects, if any.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 1-7-92.

Fla. Admin. Code R. 25-12.039 Operating and Maintenance Plans

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, Formerly 25-12.81, Amended 10-2-84, Formerly 25-12.39, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.040 Leak Surveys, Procedures and Classification

(1) Each operator shall perform periodic leakage surveys in accordance with the following schedule:

(a) A gas detector instrument survey shall be conducted at intervals not exceeding 15 months but at least once each calendar year in those portions of an operator’s service area, including:

1. Principal business districts, master meter systems, and places where the public is known to congregate frequently.

2. Where pipeline facilities, including service lines, are located under surfaces of such construction that little opportunity is afforded for a leak to vent safely.

(b) A gas detector instrument survey to locate leaks throughout areas not included in subsection (a) above, shall be conducted at intervals not exceeding 3 calendar years at intervals not exceeding 39 months on bare metallic, galvanized steel, coated tubing pipelines, and 5 calendar years at intervals not exceeding 63 months on the remaining pipeline system, or more frequently if experience indicates.

(2) The following leak classification system shall be used on all leak records and reports:

(a) “Grade 1 Leak” – a leak of gas that represents an existing or probable hazard to persons or buildings. In order to protect life and property, these leaks shall be repaired immediately and continuous action shall be taken until conditions are no longer hazardous.

(b) “Grade 2 Leak” – a leak that is not a threat to persons or property at the time of detection, but justifies scheduled repair based on potential future hazard. These leaks shall be repaired within 90 days from the date the leak was originally located, unless due to resurvey the leak was determined to be Grade 3 as defined in subsection (c), below. In determining the time period for repair, the following criteria should be taken into consideration:

1. Amount and migration of gas;

2. Proximity of gas to buildings and subsurface structures;

3. Extent of pavement;

4. Soil type and conditions, such as moisture and natural venting.

(c) “Grade 3 Leak” – a leak that is not a threat to persons and property and is not expected to become so. Above ground grade 3 leaks shall be repaired within 90 days from the date the leak was originally located unless the leak is upgraded or does not produce a positive leak indication when a soap and water solution, or its equivalent, is applied on suspected locations at operating pressure. Grade 3 leaks that are underground shall be reevaluated at least once every 6 months until repaired. The frequency of reevaluation shall be determined by the location and magnitude of the leak.

(3) All the repairs of leaks shall be checked by appropriate methods immediately after the repairs are completed. Where there is residual gas in the ground, a follow-up inspection using a gas detector instrument must be made as soon as the gas has had an opportunity to dissipate, but no later than one month for Grade 1 leaks and 6 months for Grade 2 leaks. The date and status of recheck shall be recorded on the leak repair records.

(4) If residual gas is detected on the follow-up inspection, continued monthly monitoring, not to exceed 45 days, and inspections shall be done until gas is no longer detected.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.40, Amended 1-7-92, 12-15-09, 3-2-17.

Fla. Admin. Code R. 25-12.041 Receiving of Gas Leak and Emergency Reports

Each operator must provide a means of receiving and promptly responding to reported gas leaks and emergencies on a 24-hour per day basis. The procedure for accomplishing this requirement must be included in the operating and maintenance plan.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.41, Amended 12-15-09.

Fla. Admin. Code R. 25-12.042 Investigation of Gas Leak Reports

Gas leaks reported by customers or the general public shall be considered emergencies requiring prompt response with the first priority of protecting life then property. A device capable of detecting the presence of gas shall be used to test the area of the reported leak to determine if a leak actually exists.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.42.

Fla. Admin. Code R. 25-12.043 Gas Service

(1) An operator may decline to provide gas service to a customer or any of the customer’s equipment until the customer complies with all applicable gas codes adopted by the local authority having jurisdiction.

(2) No operator shall activate a meter delivering gas into customer piping until ascertaining that a test was conducted ensuring that a constant pressure had been contained by the piping.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.43, Amended 8-8-89.

Fla. Admin. Code R. 25-12.044 Interruption of Gas Service

At the time gas service is turned off or when the operator becomes aware that the supply of gas to a customer has been interrupted, whether intentionally or unintentionally, a valve on the service line must be either locked in the closed position or the service line plugged to prevent the flow of gas.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.44, Amended 8-8-89.

Fla. Admin. Code R. 25-12.045 Inactive Gas Service Lines

(1) An operator shall take the following actions for inactive gas service lines that have been used, but have become inactive without reuse:

(a) An operator shall take immediate action to protect persons and property if it determines that an inactive service line is an existing or probable hazard to persons or property, and shall retire and physically abandon said line within three months of that determination.

(b) If the operator determines that there is no prospect for reuse, the service line shall be retired and physically abandoned within three months of that determination.

(c) Annual risk assessments shall be made for all service lines that have been inactive for more than one year.

1. The annual risk assessments shall identify potential threats and shall rank risks using the operator’s Distribution Integrity Management Plan developed pursuant to Subpart P of 49 C.F.R. 192, which is incorporated by reference in Rule 25-12.005, F.A.C. The annual risk assessments shall include the following required elements of the operator’s Distribution Integrity Management Plan in identifying threats: Presence of excess flow valves, incident and leak history, corrosion control records, continuing surveillance records, patrolling records, maintenance history, excavation damage experience, and any other data deemed relevant by the operator.

2. The annual risk assessments records shall be maintained by the operator for at least 10 years.

3. Inactive service lines that are identified in the annual risk assessments as potential threats with a high-risk ranking shall be retired and physically abandoned within six months after completion of the annual risk assessment.

(d) After a service line has been inactive for a period of two years, if there is a prospect for reuse of the service line, the operator shall verify that the service line is permanently marked to identify the operator’s name and phone number and shall take one of the following actions within six months:

1. Disconnect the service line from all sources of gas and physically abandon or remove;

2. A valve on the service line shall be locked in the closed position and the service line plugged to prevent the flow of gas; or

3. Remove the meter and plug the end of the service line to prevent the flow of gas.

(e) After a service line has been inactive for a period of five years, if the inactive service line is constructed of bare steel or cast iron or does not comply with current materials standards in 49 C.F.R. 192, as incorporated by reference in Rule 25-12.005, F.A.C., the inactive service line shall be retired and physically abandoned within six months.

(f) After ten years of inactivity, service lines shall be retired and physically abandoned within six months.

(2) To physically abandon a service line, the operator must disconnect the service line from all sources of gas at the nearest point to the gas main. Where the appropriate governmental authority prohibits cutting pavement, the service line shall be disconnected at the nearest point not under a paved surface. The stub of the service line, the short section of the remaining service line to the main, shall be disconnected closer to the main or at the main, if at some later date it becomes accessible during normal operations.

(3) Records must be kept of the size, material, and location of all remaining service line stubs. These records must be readily available to personnel assigned to pipeline locating activities.

History

• Rulemaking Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.45, Amended 1-7-92, 3-18-13, 5-12-25.

Fla. Admin. Code R. 25-12.046 Unauthorized Utilization of Gas Facilities

(1) Upon determining unauthorized establishment of gas service, the operator shall turn off the service and such service shall not be re-established until the operator has ascertained that testing meeting the requirement of Rule 25-12.043, F.A.C., had been made of all customer piping.

(2) When unauthorized service is established and such service is on a common header with other services which may have been tampered with, the operator shall, in the case of obvious tampering, check each such service to ascertain that only active customer services are open and that inactive services meet the applicable requirements of Rules 25-12.044 and 25-12.045, F.A.C. This investigation shall be made immediately after shutting off the unauthorized service, and a record shall be made of the results.

(3) When the operator becomes aware of unauthorized operation of any other equipment on its own facilities, it shall immediately investigate to determine the effect upon the system and take all prudent measures to assure the safety of its customers and the public in general.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.46, Amended 8-8-89.

Fla. Admin. Code R. 25-12.047 Maximum Allowable Operating Pressure

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, Formerly 25-12.47, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.048 Inspection of Vaults

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, 10-2-84, Formerly 25-12.48, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.049 Establishment and Maintenance of Sectionalizing Values

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, Formerly 25-12.49, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.050 Facility Identification

(1) Gas service line valves at multi-service installations shall be plainly marked by a metal tag or other permanent means designating the building or part of the building being served. However, if marking of the meter will readily identify its service line valve, the meter may be marked in lieu of the service line valve.

(2) Each customer meter, gas regulating station, or any aboveground gas transporting facility shall be permanently marked to identify the operator’s name and phone number. Marking of facilities shall be accomplished by metal signs, line markers, plastic decals, or other appropriate means.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, Formerly 25-12.50, Amended 1-7-92.

Fla. Admin. Code R. 25-12.051 Corrosion Requirements for Steel Tubing

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 9-21-74, Amended 10-7-75, 10-2-84, Formerly 25-12.51, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.052 Corrosion Control Criteria for Cathodic Protection of Buried or Submerged Metallic Pipeline

(1) The only acceptable criteria for the determination of cathodic protection shall be I-A(1), I-A(3) and I-A(5) of Appendix D, of 49 C.F.R. 192, incorporated by reference in Rule 25-12.005, F.A.C.

(a) I-A(1) shall be the only criterion acceptable for determination of the degree of cathodic protection of externally coated buried or coated submerged pipelines installed after June 1, 1975. When requirements cannot be met due to ineffective insulating capabilities of the external coating, that portion of the pipeline may be isolated and protected using other criteria listed in subsection (1) above.

(b) Application of Criterion I-A(5) is restricted to bare and essentially bare ineffectively coated metallic gas pipelines installed prior to July 31, 1971.

1. Prior to utilization of Criterion I-A(5), a proposed, comprehensive, written procedure for application and monitoring shall be submitted to the Commission’s Bureau of Safety.

2. The effectiveness of the procedure shall be supported by test data obtained in actual field application of the procedure. An acceptable procedure shall demonstrate that the procedure can attain a protective net current flow from the surrounding electrolyte into the pipeline surface at all current discharge (anodic) points.

3 All procedure qualification records shall be retained as long as the qualified procedure is used.

4. If application of the qualified procedure fails to provide the required protective net current flow from the surrounding electrolyte into the pipeline surface for a segment of the pipeline, the procedure shall be modified accordingly and requalified for use in similar conditions.

5. The placement of the electrodes for resurvey monitoring of the application of I-A(5) shall utilize the same electrode locations as the initial survey when practical.

6. Each pipeline that is under cathodic protection utilizing Criterion I-A(5) shall be tested at least once each calendar year, but with intervals not exceeding 15 months, to determine whether the cathodic protection meets the requirements of these rules.

(2) If gas leakage results from active corrosion of a pipeline, remedial action shall include application of cathodic protection to meet one of the criteria of this rule, as described in subsection (1), unless the pipeline is replaced with non-metallic pipe. Cathodic protection for these remedial applications must be tested at least once every calendar year, but with intervals not exceeding 15 months, to determine whether the cathodic protection meets the requirements of this rule.

(3) Each operator must take remedial action within three (3) months to correct or make substantial progress toward correction of any deficiencies indicated by monitoring.

History

• Rulemaking Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05 FS. History–New 10-7-75, Amended 10-2-84, Formerly 25-12.52, Amended 1-7-92, 10-11-12, 5-12-25.

Fla. Admin. Code R. 25-12.053 Cathodic Protection ‒ Electrical Survey

(1) Each operator shall have a comprehensive written procedure to evaluate electrical survey data on cathodically unprotected pipelines in order to identify areas of active corrosion where cathodic protection must be installed. The electrical survey requirement as referred to in Subpart I, Part 192, Title 49, CFR and these rules are intended to utilize the following surveys:

(a) Pipe/Soil potential survey.

(b) Soil resistivity survey.

(2)(a) A combination of the two surveys in subsection (1) above is required on the initial electrical survey.

(b) For reevaluations, Pipe/Soil measurements and soil resistivity measurements are required to be taken, with soil resistivity measurements only being mandatory at Pipe/Soil potential anodic indications and areas where known changes could affect soil resistivity enough to cause active corrosion.

(3) When areas of active corrosion have been established and the operator does not have adequate knowledge of electric current requirements for the system, then current requirement tests shall be made to determine the degree of protective current required for cathodic protection.

(4) An electrical survey of an underground pipeline system may be considered impractical when obstructions such as concrete, asphalt, or other surface structures, lie in a position directly above the pipeline.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 10-7-75, Amended 10-2-84, Formerly 25-12.53, Amended 1-7-92.

Fla. Admin. Code R. 25-12.054 Cathodic Protection ‒ Location of Reference Half-Cell

The placement of the reference half-cell in the immediate vicinity of galvanic anodes shall not be acceptable for electrical measurement used to determine the adequacy of cathodic protection.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 10-7-75, Formerly 25-12.54.

Fla. Admin. Code R. 25-12.055 Odorization of Gas

(1) Any operator who receives gas directly from a transmission supplier and distributes gas in any system that serves more than 25 customers must odorize all gas transported. As a minimum, the odorant when tested must be at a concentration readily detectable at a gas and air mixture of one-fifth of the lower explosive limit.

(2) At least twelve times per calendar year, at intervals not exceeding forty-five days, each operator shall sample gas distributed at places downstream of all injection points to assure the presence of odorant in a concentration that is in accordance with this rule. This testing of samples must be conducted using equipment manufactured specifically for odorant testing.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.03 FS. History–New 1-7-92.

Fla. Admin. Code R. 25-12.060 General Records

(1) Except as required herein or specifically requested, all tabulations, standards, drawings, or other records or documentations of incidents, procedures or studies related to or arising from the compliance with the various requirements of these rules and adopted codes shall be retained by the operator and be available for review by appropriate Commission personnel.

(2) Nothing in this Part shall be construed as requiring any specific form or title for the records retained pursuant to the provisions of these rules. All records shall be organized, arranged or prepared so that the required data is sufficient so that the status of compliance can be readily determined. All records shall be maintained within this State unless exemption from this provision is approved by the Commission.

(3) Retention of required records:

(a) Records pertaining to the system design or that are necessary for future evaluation of the system’s safety shall be retained for the life of the facility involved.

(b) Records not included in paragraph (a) above which are periodically superseded by updated or revised records shall be retained for the two most recent inspections or surveys.

(c) Records not included under paragraph (a) or (b) above shall be retained for as long as they are in current use or until superseded by updated or revised documents.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.60.

Fla. Admin. Code R. 25-12.061 System Maps

System maps of each local operating area shall be prepared and on file in the operating company’s respective local office. Such maps and related records shall readily identify the location and size of all system facilities and other information pertinent to the safe design of the system. These records shall be kept up to date.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-24-67, Amended 11-14-70, 9-21-74, Repromulgated 10-7-75, Formerly 25-12.61.

Fla. Admin. Code R. 25-12.062 Leak Reports

Records of gas leaks which are determined to be on the operator’s system shall show as a minimum:

(1) Address of suspected leak.

(2) Date and time leak reported.

(3) Description of leak reported.

(4) Date and time operator personnel dispatched.

(5) Date and time operator personnel arrived.

(6) Date and time condition made safe.

(7) Location of leak found.

(8) Cause of leak.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.62.

Fla. Admin. Code R. 25-12.063 Welding

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, Formerly 25-12.63, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.064 Materials

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-24-67, Amended 11-14-70, 9-21-74, 10-7-75, Formerly 25-12.64, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.065 Construction Records

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-24-67, Amended 11-14-70, 9-21-74, 10-7-75, 10-2-84, Formerly 25-12.65, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.066 Testing Records

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-24-67, Amended 11-14-70, 9-21-74, 10-7-75, 10-2-84, Formerly 25-12.66, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.067 Operation and Maintenance Records

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 6-24-67, Amended 11-14-70, 9-21-74, 10-7-75, 10-2-84, Formerly 25-12.67, Repealed 7-15-98.

Fla. Admin. Code R. 25-12.080 General

(1) All reports or filings required by these rules shall be submitted to the Commission.

(2) Nothing in these rules shall be construed to relieve any operator from responsibility to file reports or give notifications as required by the Pipeline and Hazardous Materials Safety Administration.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.80, Amended 12-15-09.

Fla. Admin. Code R. 25-12.081 Inspection and Maintenance Procedures

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, Formerly 25-12.81, Transferred to 25-12.039.

Fla. Admin. Code R. 25-12.082 Construction Notice

Written Notice shall be given to the Commission at least 15 days prior to start of all major construction or alteration of pipeline facilities, stating the size, approximate location and contemplated time of construction. Notice is required when the pipeline involved is both at least 2 inches in diameter as well as 2,000 feet or more in length.

History

• Rulemaking Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.82, Amended 10-11-12.

Fla. Admin. Code R. 25-12.083 Requalifying Maximum Allowable Operating Pressure

No pipeline shall be qualified for a new and higher maximum operating pressure without first certifying to the Commission that the requirements of the applicable codes will be met and submitting the uprating plan to this Commission for review. If no objection is received from the Commission within fifteen (15) days, then work on the project may proceed.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.83.

Fla. Admin. Code R. 25-12.084 Notice of Accidents and Outages

(1) At the earliest practicable moment following discovery each operator of facilities under Commission jurisdiction shall give telephonic notice to the Commission of any event involving the release of gas from a pipeline that:

(a) Caused a death or a personal injury requiring hospitalization;

(b) Required the taking of any segment of transmission pipeline out of service;

(c) Resulted in gas igniting;

(d) Caused estimated damage to the property of the operator, or others, or both, of a total of $10,000 or more; or

(e) In the judgment of the operator, was significant even though it did not meet the criteria of paragraph (a), (b), (c) or (d) of this subsection.

(2) An operator need not give notice of an event that met only the criteria of paragraph (b) or (c) of subsection (1), if it occurred solely as a result of, or in connection with, planned or routine maintenance or construction.

(3) Each operator shall immediately report to the Commission any distribution system-related accident or failure which interrupts service to either 10 percent or more of its meters or 500 or more meters.

History

• Rulemaking Authority 350.127(2), 368.05(2) FS. Law Implemented 368.03, 368.05(2) FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.84, Amended 12-15-09.

Fla. Admin. Code R. 25-12.085 Written Annual Reports Required

(1) Each operator of a distribution system shall submit an annual report on Pipeline and Hazardous Materials Safety Administration Form PHMSA F 7100.1-1 (2015), entitled “Annual Report for Calendar Year 20____ Gas Distribution System,” which is incorporated by reference into this rule and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07924 for each distribution system. In the case of an operator who has more than one distribution system, a combined annual report must be submitted which includes all facilities operated within the State of Florida subject to the Commission’s jurisdiction.

(2) Each operator of a transmission system shall submit an annual report on Pipeline and Hazardous Materials Safety Administration Form PHMSA F 7100.2-1 (2014), entitled “Annual Report for Calendar Year 20____ Natural and Other Gas Transmission and Gathering Pipeline Systems,” which is incorporated by reference into this rule and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-07925.

All the above reports must be submitted for the preceding calendar year so as to be received by the Commission no later than March 15th of each year.

History

• Rulemaking Authority 350.127(2), 368.05(2) FS. Law Implemented 368.03, 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly 25-12.85, Amended 12-15-09, 3-2-17.

Fla. Admin. Code R. 25-12.086 Written Reports Required – Transmission Systems

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, Formerly 25-12.86, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.0861 Response to Commission Staff Inquiries

The necessary replies to inquiries propounded by the Commission’s staff shall be furnished in writing within fifteen (15) days from the date of the Commission inquiry.

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 10-2-84, Formerly 25-12.861.

Fla. Admin. Code R. 25-12.087 Compliance With Federal Reporting Requirements

History

• Rulemaking Authority 368.05(2) FS. Law Implemented 368.05(2) FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, Formerly 25-12.87, Repealed 10-2-84.

Fla. Admin. Code R. 25-12.100 Penalties

If a utility violates part I of Chapter 368, F.S., or any rule issued in Chapter 25-12, F.A.C., the utility is subject to a civil penalty of not more than $272,926 for each violation for each day that the violation persists, except that the maximum civil penalty will not exceed $2,729,245 for any related series of violations.

History

• Rulemaking Authority 368.03, 368.05(2), 368.061(4), 350.127(2) FS. Law Implemented 368.061 FS. History–New 7-1-25.

Chapter 25-14 LIMITATION ON RATES, CHARGES AND TARIFFS

Fla. Admin. Code R. 25-14.001 In General

The Commission is responsible for the setting of reasonable rates and charges of numerous utility companies. In determining reasonable charges to be paid by the customers of these companies, the Commission promulgates policy determinations affecting all companies subject to its jurisdiction. This chapter has been established to identify policy determinations affecting the rates, charges and tariffs of all companies subject to our rate-setting jurisdiction. The provisions of this chapter shall not apply to Interexchange Companies, Pay Telephone Service Companies, Shared Tenant Service Companies, Operator Service Provider Companies, Alternative Access Vendor Service Providers, Competitive Local Exchange Companies or Price Regulated Local Exchange Companies.

History

• Rulemaking Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.04, 366.041, 366.05, 367.121 FS. History–New 7-25-73, Formerly 25-14.01, Amended 2-23-87, 1-8-95, 11-19-08.

Fla. Admin. Code R. 25-14.002 Florida Corporate Income Tax

History

• Rulemaking Authority 323.07, 323.55, 330.48, 350.12, 364.20, 364.41, 366.05, 367.121 FS. Law Implemented 323.07, 323.55, 330.48, 350.12, 364.20, 364.41, 366.05, 367.121 FS. History–New 7-25-73, Amended 9-11-74, Formerly 25-14.02, Repealed 12-16-80.

Fla. Admin. Code R. 25-14.003 Effect on Deferred Income Taxes of a Change in Federal and State Income Tax Rates

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.035, 366.05(1), 367.121(1)(a) FS. History–New 11-18-82, Formerly 25-14.05, Repealed 11-8-87.

Fla. Admin. Code R. 25-14.004 Effect of Parent Debt on Federal Corporate Income Tax

In Commission proceedings to establish revenue requirements or address over-earnings, other than those entered into under Rule 25-14.003, F.A.C., the income tax expense of a regulated company shall be adjusted to reflect the income tax expense of the parent debt that may be invested in the equity of the subsidiary where a parent-subsidiary relationship exists and the parties to the relationship join in the filing of a consolidated income tax return.

(1) Where the regulated utility is a subsidiary of a single parent, the income tax effect of the parent’s debt invested in the equity of the subsidiary utility shall reduce the income tax expense of the utility.

(2) Where the regulated utility is a subsidiary of tiered parents, the adjusted income tax effect of the debt of all parents invested in the equity of the subsidiary utility shall reduce the income tax expense of the utility.

(3) The capital structure of the parent used to make the adjustment shall include at least long term debt, short term debt, common stock, cost free capital and investment tax credits, excluding retained earnings of the subsidiaries. It shall be a rebuttable presumption that a parent’s investment in any subsidiary or in its own operations shall be considered to have been made in the same ratios as exist in the parent’s overall capital structure.

(4) The adjustment shall be made by multiplying the debt ratio of the parent by the debt cost of the parent. This product shall be multiplied by the statutory tax rate applicable to the consolidated entity. This result shall be multiplied by the equity dollars of the subsidiary, excluding its retained earnings. The resulting dollar amount shall be used to adjust the income tax expense of the utility.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.05(1), 367.121(1)(a) FS. History–New 1-25-83, Formerly 25-14.04.

Fla. Admin. Code R. 25-14.008 Method of Accounting; Cost of Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.035, 366.05(1), 367.121(1)(a) FS. History–New 12-29-82, Formerly 25-14.08, Repealed 11-20-95.

Fla. Admin. Code R. 25-14.009 Investment Tax Credit Elections

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.035, 366.05(1), 367.121(1)(a) FS. History–New 5-17-83, Amended 6-25-84, Formerly 25-14.09, Amended 10-22-86, Repealed 11-20-95.

Fla. Admin. Code R. 25-14.010 Accounting for Deferred Taxes from Intercompany Profits

(1) Definitions. For the purposes of this rule, the following definitions shall apply:

(a) “Intercompany transactions” are transactions involving the sale of depreciable assets includable in rate base by a manufacturing or non-manufacturing member of a controlled group which files a consolidated tax return to a non-manufacturing member of the group.

(b) “Net profit” on intercompany transactions shall be sales revenue less cost of sales and general and administrative expenses attributed to sales.

(c) “Gross profit” on intercompany transactions shall be sales revenue less cost of sales.

(d) “Deferred taxes” are taxes calculated by applying the marginal statutory tax rate to the gross or net profit from intercompany transactions.

(2) Deferred taxes. For ratemaking purposes, deferred taxes shall be calculated on the net profit or gross profit from intercompany transactions and shall be treated as zero cost capital.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.041(1), 366.06(1), 367.081(2) FS. History–New 9-29-86, Amended 7-16-87.

Fla. Admin. Code R. 25-14.011 Procedures for Processing Ruling Requests to be Filed with the Internal Revenue Service

(1) When a utility or regulated company is directed by this Commission to file a ruling request with the Internal Revenue Service, the utility or regulated company shall, when the Office of Public Counsel has formally intervened in the proceeding:

(a) Within 60 days of the date of receipt of the order directing that a ruling request be filed, provide a draft copy of the ruling request to both the Commission and the Office of Public Counsel;

(b) Within 90 days of the date of receipt of said order, meet with the Commission Staff and the Office of Public Counsel to finalize the ruling request for presentation to the Commission for a determination that the Commission believes the request is adequate and complete or to draft issues whereby unresolved differences regarding adequacy and completeness of the ruling request may be presented to the Commission for resolution;

(c) Within 30 days of the date of receipt of the order making a determination of adequacy and completeness of the ruling request or resolving issues related to the ruling request, file the ruling request with the Internal Revenue Service copying the Commission and the Office of Public Counsel;

(d) Notify and copy the Commission and the Office of Public Counsel of any contact related to the ruling request between the utility or regulated company, its representatives, or its affiliates and their representatives, and the Internal Revenue Service;

(e) Provide to the Commission and the Office of Public Counsel copies of any additional information in relation to the ruling request prior to its being provided to the Internal Revenue Service;

(f) Consult both the Commission Staff and the Office of Public Counsel to attend and participate in said conference; and allow both the Commission and the Office of Public Counsel the opportunity to make separate subsequent submissions related to the ruling request.

(2) The utility, Commission Staff, and the Office of Public Counsel shall use their best efforts to have the request for ruling promptly considered by the Commission on a timely basis and without unnecessary delay. Except for a good cause, the Commission shall make a determination as to the adequacy and completeness of a ruling request within 160 days of directing the utility or regulated company to file the request under subsection (1).

(3) When the Office of Public Counsel has not formally intervened in the proceeding, the utility or regulated company shall not be required to notify, consult with, or provide copies of the documents described in subsections (1) and (3) to the Office of Public Counsel.

(4) When a utility or regulated company shall file any ruling request with the Internal Revenue Service related to a normalization issue under section 46(f), 167(1), or 168 or to sections 118 and 468 of the Internal Revenue Code, the utility or regulated company shall:

(a) Provide its proposed ruling request to the Commission for determination as to completeness and adequacy in accordance with Internal Revenue Service rules;

(b) Provide a copy of the ruling request to the Commission when it is filed with the Internal Revenue Service;

(c) Notify and copy the Commission of any contact related to the ruling request between the utility or regulated company, its representative, its affiliates and their representatives, and the Internal Revenue Service;

(d) Provide to the Commission copies of any additional information in relation to the ruling request prior to its being provided to the Internal Revenue Service;

(e) When so ordered by the Commission, consult the Commission Staff prior to scheduling any conference between the utility or regulated company and its representatives and the Internal Revenue Service when said conference is related to the ruling request; permit the Commission Staff to attend and participate in said conference; and allow the Commission to participate in any subsequent submissions or procedural matters related to the ruling request.

(5) Draft ruling requests shall be submitted in writing and, when required by staff, on a 3 1/2'' or 5 1/4'' diskette with the format in which it was saved, i.e., MultiMate, DisplayWrite, WordPerfect, OfficeWriter, Wang PC, WordStar, MS Word, PFS; Write, or ASC II. The transmittal memorandum accompanying the draft ruling request shall provide, when applicable, an electronic mail or telecopier number.

(6) The requirements in paragraphs (1)(d) through (f) and (4)(c) through (e) shall be reciprocal in that they shall apply to the Commission Staff and the Office of Public Counsel as well as to the utilities.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.04, 366.041, 366.07, 366.071, 366.076, 366.093, 367.081, 367.082, 367.0822, 367.156 FS. History–New 6-19-91.

Fla. Admin. Code R. 25-14.012 Accounting for Postretirement Benefits Other Than Pensions

(1) “Postretirement benefits other than pensions” shall mean all forms of benefits, other than retirement income, provided by an employer to retirees, as defined by the Financial Accounting Standards Board in its Statement of Financial Accounting Standards No. 106 (Employers’ Accounting for Postretirement Benefits Other Than Pensions, December 1990), which is hereby incorporated by reference. Those benefits may be defined in terms of specified benefits, such as health care, tuition assistance, or legal services, that are provided to retirees as the need for those benefits arises, or they may be defined in terms of monetary amounts that become payable on the occurrence of a specified event, such as life insurance benefits.

(2) Each utility that offers postretirement benefits other than pensions shall account for the costs of such benefits in the manner required by Statement of Financial Accounting Standards No. 106 (December, 1990). Deferral accounting under Statement of Financial Accounting Standards No. 71 (Accounting for the Effects of Certain Types of Regulation, December 1982) shall not be used to account for the costs of post retirement benefits other than pensions without prior Commission approval.

(3) Each utility’s unfunded accumulated postretirement benefit obligation shall be treated as a reduction to rate base in rate proceedings. The amount that reduces rate base is limited to that portion of the liability associated with the cost methodology for post retirement benefits other than pensions.

History

• Rulemaking Authority 366.05, 367.011 FS. Law Implemented 366.04, 367.121 FS. History–New 8-4-93.

Fla. Admin. Code R. 25-14.013 Accounting for Deferred Income Taxes Under SFAS 109

(1) Statement of Financial Accounting Standards No. 109, Accounting for Income Taxes, (SFAS 109, February 1992), incorporated by reference, shall be implemented by each utility in a manner such that the balances of excess and deficient deferred income taxes are properly stated and that the application of SFAS 109 is revenue neutral in the ratemaking process.

(2) Definitions. For purposes of this rule, the following definitions apply:

(a) “Statutory amounts.” The accumulated deferred taxes that are required by §167(l)(3)(G)(ii) or §168(f)(2) or (i)(9) of the Internal Revenue Code.

(b) “Non-statutory amounts.” The accumulated deferred taxes that are not required by §167(l)(3)(G)(ii) or §168(f)(2) or (i)(9) of the Internal Revenue Code.

(c) “Protected amounts.” The accumulated deferred taxes that are subject to §203(e) of the Tax Reform Act of 1986.

(d) “Unprotected amounts.” The accumulated deferred taxes that are not subject to §203(e) of the Tax Reform Act of 1986.

(3) Upon implementation of SFAS 109, each utility shall first record the income tax gross-up required by the statement, to account for the temporary differences previously recorded net of tax, and the related deferred income taxes in the appropriate balance sheet accounts. The historical income tax rates in effect when the temporary differences were originally realized shall be used in calculating the income tax gross-up for items previously recorded net of tax.

(4) Each utility shall then recalculate all deferred income tax balances to reflect the enacted income tax rates in the period the timing differences are expected to reverse. The difference between the deferred income tax balances per books and the recalculated balances shall be recorded in regulatory asset and liability accounts as prescribed by the applicable Uniform System of Accounts at the time of recalculation.

(5) The deferred income taxes on prior flow-through items and temporary differences, which were not considered timing differences prior to implementation of SFAS 109, such as equity AFUDC and unamortized investment tax credits, shall be recorded at the enacted income tax rates. Corresponding regulatory assets and liabilities shall also be recorded.

(6) Regulatory assets and liabilities as established by each utility in subsections (4) and (5) are considered temporary differences and shall be grossed up for income taxes at the enacted income tax rates to reflect the revenue requirements to be received from or refunded to customers in the future. This income tax gross up shall be recorded in the related regulatory asset or liability accounts and the deferred income tax accounts. The regulatory assets and liabilities created under SFAS 109 shall be considered as temporary differences and deferred income taxes shall be provided.

(7) Deferred income tax assets shall be recorded by each utility for all tax credit carry-forwards including, but not limited to, net operating loss carry-forwards, investment tax credit carry-forwards and alternative minimum tax credit carry-forwards.

(8) Each utility shall maintain accumulated deferred income tax accounts at a level of detail sufficient to distinguish between Federal and state amounts, statutory and non-statutory amounts and protected and unprotected amounts. Separate accounts shall be maintained for federal and state income taxes. Differences between prior and current statutory rates shall be recorded in a regulatory asset or liability account.

(9) The regulatory assets and liabilities shall be reversed as the temporary differences reverse. Excess and deficient deferred income taxes associated with temporary differences shall not be reversed any faster than allowed under either the average rate assumption method of §203(e) of the Tax Reform Act of 1986 or Revenue Procedure 88-12, whichever is applicable. For good cause shown, this provision may be waived notwithstanding the requirements of subsection (1).

(10) When the statutory income tax rate is changed as a result of legislative action after the implementation of SFAS 109, each utility shall adjust its deferred income tax balances to reflect the new statutory income tax rate. The recording of regulatory assets and liabilities for the excess or deficient deferred income taxes, accounting detail and reversal of the excess and deficient deferred income taxes shall comply with subsections (4) through (9) of this rule.

(11) All regulatory assets and liabilities and debit and credit deferred taxes resulting purely from implementation of SFAS 109 shall be treated in a manner similar to accumulated deferred income taxes at zero cost and shall be included in the capital structure as a separate line item in all reports filed with the Commission.

(12) Implementation and restatement for SFAS 109 shall be allowed for ratemaking purposes at a time which coincides with implementation for external reporting purposes if implementation is in compliance with this rule.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.05(1), 367.121(1)(a) FS. History–New 2-14-93.

Fla. Admin. Code R. 25-14.014 Accounting for Asset Retirement Obligations Under SFAS 143

(1) The Financial Accounting Standards Board issued Statement No. 143, Accounting for Asset Retirement Obligations (SFAS 143) in June 2001. The statement applies to legal obligations associated with the retirement of tangible, long-lived assets that result from the acquisition, construction, development or normal operation of a long-lived asset. For utilities required to implement SFAS 143, it shall be implemented in a manner such that the assets, liabilities and expenses created by SFAS 143 and the application of SFAS 143 shall be revenue neutral in the rate making process.

(2) Definitions. For purposes of this rule, the following definitions apply:

(a) “Accretion Expense.” The concurrent cost that is recorded as an operating item in the statement of income to account for the passage of time and the resulting period-to-period increase in the Asset Retirement Obligation.

(b) “Asset Retirement Cost.” The amount capitalized that increases the carrying amount of the long-lived asset when a liability for an Asset Retirement Obligation is recognized.

(c) “Asset Retirement Obligation.” An obligation associated with the retirement of a tangible long-lived asset.

(3) Pursuant to SFAS 143, each utility shall recognize the fair value of a liability for an Asset Retirement Obligation in the period in which it is incurred if a reasonable estimate of the fair value can be made. If a reasonable estimate of fair value cannot be made in the period the Asset Retirement Obligation is incurred, the liability shall be recognized when the reasonable estimate of fair value can be made. The fair value of the liability for an Asset Retirement Obligation is the amount at which that liability could be settled in a current transaction between willing parties, that is, other than in a forced or liquidation transaction. If quoted market prices are not available, the estimate of fair value shall be based on the best information available in the circumstances including prices for similar liabilities and the result of present value or other valuation techniques. The Asset Retirement Obligations shall be kept by function and recorded in separate subaccounts.

(4) Upon initial recognition of a liability for an Asset Retirement Obligation, the utility shall capitalize an Asset Retirement Cost by increasing the carrying amount of the long-lived assets by the same amount as the liability. The Asset Retirement Cost shall be kept by function and recorded in a separate subaccount as intangible plant. The utility shall subsequently allocate that Asset Retirement Cost to expense over its useful life. The expense shall be recorded in a separate subaccount.

(5) Asset Retirement Costs do not qualify for Allowance for Funds Used During Construction.

(6) Pursuant to SFAS 143, in periods subsequent to the initial measurement, a utility shall recognize period-to-period changes in the liability for an Asset Retirement Obligation resulting from accretion or revisions to either the timing or the amount of the original estimate of undiscounted cash flows.

(a) A utility shall measure the accretion cost in the liability for an Asset Retirement Obligation due to passage of time by applying the interest method of allocation to the amount of the liability at the beginning of the period. This amount shall be recognized as an increase in the carrying amount of the liability.

(b) The accretion expense shall be recorded in a separate subaccount.

(c) Revisions to a previously recorded Asset Retirement Obligation will result from changes in the assumptions used to estimate the cash flows required to settle the Asset Retirement Obligation, including changes in estimated probabilities, amounts, and timing of the settlement of the Asset Retirement Obligation, as well as changes in the legal requirements of an obligation. Upward revisions to the undiscounted estimated cash flows shall be treated as a new liability and discounted at the current rate. Downward revisions will result in a reduction of the Asset Retirement Obligation. The amount of the liability to be removed shall be discounted at the rate that was used at the time the obligation was originally recorded. The concurrent debit or credit shall be made to the Asset Retirement Cost.

(7) Differences between amounts prescribed by the Commission and those used in the application of SFAS 143 shall be recorded as Regulatory Liabilities or Regulatory Assets in separate subaccounts.

(8) The Regulatory Debit and Regulatory Credit accounts shall be used to record the differences between the Commission prescribed amounts and the amounts which are reported as expense under SFAS 143.

(9) Each utility shall keep records supporting the calculation and the assumptions used in the determination of the Asset Retirement Obligation and the related Asset Retirement Cost and the related Regulatory Assets and Regulatory Liabilities established in accordance with this rule and the implementation of SFAS 143.

(10) If a utility is not required to establish an Asset Retirement Obligation for an asset or group of assets, the cost of removal shall continue to be included in the calculation of the depreciation expense and accumulated depreciation.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.05(1), 367.121(1)(a) FS. History–New 8-26-03.

Chapter 25-17 CONSERVATION

Fla. Admin. Code R. 25-17.001 General Information

(1) The terms system and electric utility, as used in this Rule, shall be synonymous and have the same definition as “electric utility” as defined in Section 366.82(1), F.S.

(2) The Florida Energy Efficiency and Conservation Act requires increasing the efficiency of the electric systems of Florida, increasing the conservation of expensive resources, such as petroleum fuels, reducing the growth rate of weather sensitive peak demand, and reducing and controlling the growth rate of kilowatt hour consumption to the extent cost effective.

(3) Reducing the growth rate of weather sensitive peak demand on the electric system to the extent cost effective is a priority. Reducing the growth rate of weather sensitive peak demand benefits not only the individual customer who reduces his demand, but also all other customers on the system, both of whom realize the immediate benefits of reducing the fuel costs of the most expensive form of generation and the longer term benefits of deferring the need for or construction of additional generating capacity.

(4) Another priority is increasing the efficiency of the end-use consumption of electricity to the extent cost-effective.

(5) In addition to specific demand-side goals, general goals and methods for increasing the overall efficiency of the bulk electric power system of Florida are broadly stated since these methods are an ongoing part of the practice of every well-managed electric utility’s programs and shall be continued.

These methods are to:

Generating Electric Utilities

(a) Review and revise utility operating practices such as maintenance scheduling, daily and longer term unit commitment practices through the power broker system to facilitate economic dispatch on both a daily and extended basis and to increase conservation of expensive fuel resources, such as petroleum fuels, to the extent cost effective.

(b) Plan development of the bulk power system over time so that the most cost effective combination of generating units, associated facilities and other technologies is developed for meeting generation requirements.

(c) Increase the efficiency of each generating unit and associated operating practices to the extent cost effective.

All Electric Utilities

(d) Aggressively integrate nontraditional sources of power generation including cogenerators with high thermal efficiency and small power producers using renewable fuels into the various utility service areas near utility load centers to the extent cost effective and reliable.

(e) Increase the efficiency of transmission and distribution systems to the extent cost effective.

(f) Aggressively pursue research, development and demonstration projects jointly with others as well as individual projects in individual service areas. In this context, the Commission anticipates that an aggressive research program would include both technological research, research on load behavior and related problems and market-related research.

(6) The Commission shall continuously review the relationship between demand and energy, both present and anticipated. In making its determinations of need pursuant to the Florida Electrical Power Plant Siting Act, the Commission shall take these relationships into account so that sufficient capacity will be authorized to meet anticipated needs. These goals represent a starting point for establishing demand-side management programs for all electric utilities. While there is no absolute assurance that these goals will be fully achieved within the expected time frames, the best efforts by the electric utilities to achieve them shall be required. In any proceeding for determining whether new capacity is needed, the length and nature of experience under the goals will be considered. The goals will not be used exclusively because the Commission recognizes that they may not be achieved and that the estimates on which they are based may prove to be incorrect. To increase the accuracy of these estimates the Commission anticipates that research will be required, including both technological research and studies of the market penetration potentials of various demand-side management measures and their effectiveness in reducing the growth rate of weather sensitive peak KW demand and reducing and controlling the growth rate of KWH consumption as well as studies of consumer behavior.

(7) Rules 25-17.001 through 25-17.005, F.A.C., shall not be construed to restrict growth in the supply of electric power or natural gas necessary to support economic development by industrial or commercial enterprises. Rather, these rules should be construed so as to enhance job-producing economic growth by lowering energy costs from what they otherwise would be if these goals were not achieved.

History

• Rulemaking Authority 366.05(1), 366.82(1)-(4) FS. Law Implemented 366.04(2)(c), (5), 366.05, 366.051, 366.82(1)-(4), 403.519 FS. History–New 12-2-80, Amended 12-30-82, Formerly 25-7.01, Amended 5-10-93.

Fla. Admin. Code R. 25-17.002 Goals for Electric Utilities

History

• Rulemaking Authority 366.05(1), 366.82(1)-(4) FS. Law Implemented 366.82(1)-(4) FS. History–New 12-2-80, Amended 1-19-82, 12-30-82, Formerly 25-17.02, Repealed 4-2-90.

Fla. Admin. Code R. 25-17.0021 Goals for Electric Utilities

(1) The Commission will initiate a proceeding at least once every five years to establish goals for each affected electric utility, as defined by Section 366.82(1)(a), F.S. The Commission will set annual Residential kilowatt (KW) and kilowatt-hour (KWH) goals and annual Commercial/Industrial KW and KWH goals over a ten-year period. The goals will be based on:

(a) An assessment of the technical potential of available measures; and

(b) An estimate of the total cost-effective KW and KWH savings reasonably achievable through demand-side management programs in each utility’s service area over a ten-year period.

(2) Pursuant to the schedule in an order establishing procedure in the proceeding to establish demand-side management goals, each utility must file a technical potential study. The technical potential study must be used to develop the proposed demand-side management goals, and it must assess the full technical potential of all available demand-side conservation and efficiency measures, including demand-side renewable energy systems, associated with each of the following market segments and major end-use categories.

Residential Market Segment:

(Existing Homes and New Construction should be separately evaluated) Major End-Use Category

(a) Building Envelope Efficiencies.

(b) Cooling and Heating Efficiencies.

(c) Water Heating Systems.

(d) Lighting Efficiencies.

(e) Appliance Efficiencies.

(f) Peak Load Shaving.

(g) Solar Energy and Renewable Energy Sources.

Commercial/Industrial Market Segment:

(Existing Facilities and New Construction should be separately evaluated) Major End-Use Category

(h) Building Envelope Efficiencies.

(i) Cooling and Heating Efficiencies.

(j) Lighting Efficiencies.

(k) Appliance Efficiencies.

(l) Power Equipment/Motor Efficiency.

(m) Peak Load Shaving.

(n) Water Heating Systems.

(o) Refrigeration/Freezing Equipment.

(p) Solar Energy and Renewable Energy Sources.

(q) High Thermal Efficient Self Service Cogeneration.

Each utility’s filing must describe how the technical potential study was used to develop the goals filed pursuant to subsection (3) below, including identification of measures that were analyzed but excluded from consideration.

(3) Pursuant to the schedule in an order establishing procedure in the proceeding to establish demand-side management goals, each utility must file its proposed demand-side management goals. Each utility must also file demand-side management goals developed under two scenarios: one scenario that includes potential demand-side management programs that pass the Participant and Rate Impact Measure Tests, and one scenario that includes potential demand-side management programs that pass the Participant and Total Resource Cost Tests, as these terms are used in Rule 25-17.008, F.A.C. Each utility’s goal projections must be based on the utility’s most recent planning process and must reflect the annual KW and KWH savings, over a ten-year period, from potential demand-side management programs with consideration of overlapping measures, rebound effects, free riders, interactions with building codes and appliance efficiency standards, and the utility’s latest monitoring and evaluation of conservation programs and measures. In addition, for each potential demand-side management program identified in the proposed goals and in each scenario described above, each utility must provide overall estimated annual program costs over a ten-year period.

(4) Within 90 days of a final order establishing or modifying goals, each utility must file its demand-side management plan that includes the programs to meet the approved goals, along with program administrative standards that include a statement of the policies and procedures detailing the operation and administration of each program. The following information must be filed for each demand-side management program included in the utility’s demand-side management plan for a ten-year projected horizon period:

(a) The program name;

(b) The program start date;

(c) The total number of customers, or other appropriate unit of measure, in each class of customer (i.e. residential, commercial, industrial, etc.) for each calendar year in the planning horizon;

(d) The total number of eligible customers, or other appropriate unit of measure, in each class of customers (i.e., residential, commercial, industrial, etc.) for each calendar year in the planning horizon;

(e) An estimate of the annual number of customers, or other appropriate unit of measure, in each class of customers projected to participate in the program for each calendar year of the planning horizon, including a description of how the estimate was derived;

(f) The cumulative penetration levels of the program by calendar year calculated as the percentage of projected cumulative participating customers or appropriate unit of measure, by year to the total customers eligible to participate in the program;

(g) Estimates on an appropriate unit of measure basis of the per customer and program total annual KWH reduction, winter KW reduction, and summer KW reduction, both at the customer meter and the generation level, attributable to the program. A summary of all assumptions used in the estimates and a list of measures within the program must be included;

(h) A methodology for measuring actual KW and KWH savings achieved from each program, including a description of research design, instrumentation, use of control groups, and other details sufficient to ensure that results are valid;

(i) An estimate of the cost-effectiveness of the program using the cost-effectiveness tests required pursuant to Rule 25-17.008, F.A.C.

(j) An estimate of the annual amount to be recovered through the energy conservation cost recovery clause for each calendar year in the planning horizon.

(5) The Commission may, on its own motion or on a petition by a substantially affected person or a utility, initiate a proceeding to review and, if appropriate, modify the goals. All modifications of the approved goals, plans, and programs will be on a prospective basis.

(6) Each utility must submit an annual report no later than March 1 summarizing its demand-side management plan and the total actual achieved results for its approved demand-side management plan in the preceding calendar year. The report must contain a comparison of the achieved KW and KWH reductions with the established Residential and Commercial/Industrial goals, and the following information for each approved program:

(a) The name of the utility;

(b) The name of the program and program start date;

(c) The calendar year the report covers;

(d) The total number of customers, or other appropriate unit of measure, by customer class for each calendar year of the planning horizon;

(e) The total number of customers, or other appropriate unit of measure, eligible to participate in the program for each calendar year of the planning horizon;

(f) The total number of customers, or other appropriate unit of measure projected to participate in the program for each calendar year of the planning horizon;

(g) The potential cumulative penetration level of the program to date calculated as the percentage of projected participating customers to date to the total eligible customers in the class;

(h) The actual number of program participants and the current cumulative number of program participants;

(i) The actual cumulative penetration level of the program calculated as the percentage of actual cumulative participating customers to the number of eligible customers in the class;

(j) A comparison of the actual cumulative penetration level of the program to the potential cumulative penetration level of the program;

(k) A justification for any variance greater than 15% from the annual goals established by the Commission;

(l) Using on-going measurement and evaluation results the annual KWH reduction, the winter KW reduction, and the summer KW reduction, both at the meter and the generation level, per installation and program total, based on the utility’s approved measurement/evaluation plan;

(m) The per installation cost and the total program cost of the utility;

(n) The net benefits for measures installed during the reporting period, annualized over the life of the program, as calculated by the following formula:

annual benefits = Bnpv × d/[1 - (1+d)-n ]

where

Bnpv

=

cumulative present value of the net benefits over the life of the program for measures installed during the reporting period.

d

=

discount rate (utility’s after tax cost of capital).

n

=

life of the program.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.82 FS. History–New 4-30-93, Amended 6-6-23.

Fla. Admin. Code R. 25-17.003 Energy Audits

(1) Purpose. This rule specifies the minimum requirements for performing energy audits by every utility that falls under the definition of “utility” in Section 366.82(1), F.S.

(2) Definitions.

(a) “Building Energy-Efficiency Rating System (BERS) Audit” means an energy analysis of a residence performed in compliance with Section 553.995, F.S.

(b) “Computer-Assisted Audit” means an energy analysis of a residence in which a qualified auditor performs a comprehensive on-site evaluation of the residence in accordance with subsection (6) and paragraphs (7)(c) and (7)(d), and, if applicable, provides installation arrangements and inspections pursuant to this rule.

(c) “Commercial Audit” means an energy analysis of a commercial building and its associated energy systems to determine its energy efficiency and to identify for the customer those measures that may improve its energy efficiency.

(d) “Conservation Measures” refers to replacing, upgrading, or installing equipment which reduces energy usage or peak demand contribution, such as the:

1. Installation of clock thermostat;

2. Replacement of furnace or boiler;

3. Replacement of resistance heat with heat pump or natural gas furnace;

4. Replacement of central air conditioning system;

5. Installation of duct or pipe insulation;

6. Sealing leaks in pipes and ducts;

7. Caulking of windows or doors;

8. Weatherstripping of windows or doors;

9. Installation of heat-reflective, heat-gain retardant, and heat-absorbing window or door materials;

10. Insertion of plastic window panels;

11. Installation of storm or thermal windows;

12. Installation of wall insulation;

13. Installation of ceiling insulation;

14. Installation of floor insulation;

15. Plugging leaks in attic, basement, and fireplace;

16. Installation of waste heat recovery water heating system;

17. Installation of heat pump or natural gas water heater;

18. Installation of solar water heating system;

19. Installation of water heater insulation;

20. Installation of water flow restrictors in showers and faucets;

21. Installation of solar swimming pool heating system; and

22. Installation of load management devices, where load management rates are offered.

(e) “Conservation Practices” refers to actions performed by a customer which reduce energy usage or peak demand contribution, such as:

1. Furnace efficiency maintenance and adjustments;

2. Cooling system efficiency maintenance and adjustments;

3. Nighttime temperature setback;

4. Reduction of thermostat setting in winter;

5. Increase of thermostat setting in summer;

6. Reduction of hot water temperature;

7. Reduction of energy use when residence is unoccupied; and

8. Efficient use of shading.

(f) “Eligible Customer” means the owner or occupant of a residence that receives a bill for service from a utility.

(g) “Industrial Audit” means an energy analysis of an industrial facility and its associated energy systems to determine its energy efficiency and to identify for the customer those measures that may improve its energy efficiency.

(h) “Mail-in Audit” means an energy analysis of a residence or building in which the utility supplies to the eligible customer a data collection form which is completed by the customer, and, upon receipt of the completed form, the utility analyzes the data and submits to the customer the results of its evaluation.

(i) “Walk-Through Audit” means an energy analysis of a residence in which a qualified auditor walks through the residence making extensive observations as to the physical structure and components, performs simplified heat gain and heat loss computations, and advises the customer of feasible energy conservation practices and measures.

(3) Scope.

(a) All utilities are required to offer eligible residential customers BERS Audits which comply with subsections (12), (13) and (14) below.

(b) All utilities are required to offer eligible residential customers Computer-Assisted and Walk-Through Audits which comply with subsections (4) through (14) below. Prior to conducting Computer-Assisted and Walk-Through Audits, procedures for conducting these audits must be approved by the Commission.

(c) Any utility may offer Mail-In Audits to eligible customers. Every utility that performs Mail-In Audits shall comply with subsections (13) and (14) below.

(d) Any utility may offer a Commercial or Industrial Audit to commercial and industrial customers. Every utility that performs Commercial or Industrial Audits shall comply with subsections (13) and (14) below.

(4) Energy Audit Charges.

(a) Every public utility shall charge an eligible customer for a BERS Audit. The amount of this charge, which shall reflect actual cost, shall first be filed with the Commission as part of the utility’s tariff.

(b) Every utility may charge an eligible customer for a Computer-Assisted Audit. The amount of this charge, which shall not exceed $15, shall first be filed with the Commission as part of the utility’s tariff.

(c) Every utility may charge an eligible customer for a Walk-Through Audit. The amount of this charge, which shall not exceed $5, shall first be filed with the Commission as part of the utility’s tariff.

(d) Every utility may charge an eligible customer for a Commercial or Industrial Audit. The amount of this charge shall not exceed the actual cost of providing the audit.

(5) Minimum Auditor Qualifications.

(a) Every utility shall certify that each of its residential energy auditors meets the minimum qualifications in paragraph (5)(b).

(b) To be qualified to perform energy audits, a person must:

1. Have been trained in a program meeting the curriculum requirements of paragraph (5)(c); and

2. Have demonstrated a proficiency in the areas listed in paragraph (5)(c) through a written test or practical demonstration.

(c) At a minimum, the curriculum to be followed in training auditors shall include instruction in the following areas:

1. The three types of heat transfer and the effects of temperature and humidity on heat transfer;

2. General mathematics, including powers of ten, decimals and fractions, simple equations, heat loss and heat gain computations utilizing British Thermal Units (BTUs), and pay back calculations;

3. Utility billing procedures, meter reading, and identification of weather sensitive consumption relationships based on a customer’s billing history;

4. Residential construction terminology and components;

5. The operation of heating and cooling systems used in residential buildings; and

6. The application of energy conservation practices and measures including the advantages and disadvantages of each.

(6) Pre-audit performance criteria for Computer-Assisted Audits.

(a) Every utility shall adopt procedures to assure that estimates of energy cost savings and costs for conservation measures are based on:

1. Typical and recent local prices for materials and installation;

2. Typical local climate data for the audited residence; and

3. Typical local price of electricity.

(b) At least twice annually, each utility shall update the data collected pursuant to paragraph (6)(a).

(7) Performance of the audit.

(a) Upon arrival at a residence, the auditor shall provide proper identification and confirm the customer’s understanding of the scope and cost of the audit.

1. The auditor shall discontinue or decline to perform the audit if the customer, at any time, objects to its performance.

2. The auditor may discontinue or decline to perform the audit if the auditor determines that continuation of the audit may be dangerous.

(b) The auditor shall determine and explain to the customer which conservation practices are applicable and recommend that the customer apply them prior to or in conjunction with adopting any conservation measure.

(c) For Computer-Assisted Audits, to determine the appropriate conservation measures, the auditor shall gather and record the following information where applicable:

1. Exterior opaque wall area, including present level of wall insulation;

2. Type and condition of exterior window and door areas;

3. Ceiling area, including present level of attic insulation;

4. Floor area, including present level of floor insulation, if any;

5. Water heater size, age, and type;

6. Air conditioning system type, size, age, fuel type, and duct condition;

7. Heating system type, size, age, and fuel type; and

8. Other items as appropriate.

(d) For Computer-Assisted Audits, using the data gathered pursuant to paragraph (7)(c), the auditor shall provide the customer with a result sheet showing:

1. An estimate of the potential energy and cost savings of each applicable conservation measure;

2. An estimate of the total installation cost for each applicable conservation measure, both by the customer and by a contractor;

3. An estimate of the expected payback time for the customer’s cost of purchasing and installing each applicable conservation measure, calculated using the anticipated percentage change in energy costs;

4. An example calculation which clearly indicates that total energy cost savings from the installation of more than one conservation measure could be different from the sum of energy cost savings of each individually installed conservation measure; and

5. An explanation of the availability of energy conservation and load management programs.

(8) Energy Audit Disclosures and Disclaimers.

(a) Each Computer-Assisted Audit result sheet shall include the following or similar statement: “The procedures used to make these installation cost and energy savings estimates are consistent with Commission rules and good engineering practices. However, the actual installation costs you incur and energy savings you realize from installing these measures may be different from the estimates contained in this audit report. Although the estimates are based on measurements of your house, they are also based on assumptions which may not be entirely correct for your household due to differing energy use patterns.”

(b) The auditor shall provide the eligible customer with a written statement of any interest, direct or indirect, which the auditor or the utility has in the sale or installation of any energy conservation measure.

(c) Upon customer request, the auditor shall disclose the results of any prior audit of the customer’s residence if such records are still available.

(d) The results of the energy audit shall contain the following or a similar disclaimer: “The utility does not warrant or guarantee the audit findings or recommendations, nor is the utility liable as a result of the audit for the acts or omissions of any person who implements or attempts to implement those conservation measures recommended by the auditor.”

(9) Installation Arrangements.

(a) A utility may offer installation arrangement services such as providing a list of suppliers and installers of conservation measures.

(b) If a utility provides these services, the availability of the services shall be noted on the written results of the energy audit.

(c) When arranging installation services pursuant to this rule, a utility shall not:

1. Discriminate among eligible customers, suppliers, or contractors; or

2. Arrange for installation of any measure which is not included in the utility’s most recent Demand Side Management Plan approved by the Commission.

(10) Post-Audit Inspection.

(a) To ensure quality control, the utility performing the audit shall ensure that its recommended installations conform to quality standards.

(b) The utility performing the audit shall be responsible for performing post-audit inspections of 10 percent of each type of energy conservation measure installed as a result of the utility’s recommendation.

(c) The utility shall reinspect a residence if a violation of materials or installation standards is found.

(11) Program announcement.

(a) Each utility shall send a program announcement to all eligible customers at least every six months.

(b) The program announcement shall describe the BERS, Computer-Assisted, and Walk-Through Audits, offer them to all eligible customers, and advise eligible customers of any fee charged for the audits.

(c) A gas utility and an electric utility servicing the same geographical area are encouraged to jointly issue a single Program Announcement.

(12) For every customer requesting either a BERS, Computer-Assisted, or Walk-Through Audit, every utility shall:

(a) Advise the customer as to the scope and cost of the audit;

(b) Schedule the audit within 15 days of an eligible customer’s request, as well as provide the name, title, and phone number of the auditor; and

(c) Perform the audit within 21 days of scheduling it, unless the eligible customer requests a later date.

(13) Program Record Keeping.

(a) For every audit performed, every utility shall keep for 3 years from the audit performance a record that consists of the customer’s energy use for 12 months prior and 12 months after the date of the audit. The record shall list the amount of electricity or natural gas purchased for every month of both 12 month periods.

(b) Every electric utility shall record the amount collected pursuant to subsection 25-17.003(4), F.A.C., in subaccounts within Account 456. Every gas utility shall record the amount collected pursuant to subsection 25-17.003(4), F.A.C., in subaccounts within Account 495.

(14) Contracts for Performing Audits. Any utility may contract with another entity to perform the audits required by this rule.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 350.115, 366.04(2)(a), (f), 366.82(11), (13) FS. History–New 12-2-80, Amended 12-30-82, Formerly 25-17.03, Amended 11-24-86, 5-10-93, 7-14-96, 2-3-14.

Fla. Admin. Code R. 25-17.004 Goals for Natural Gas Utilities

History

• Rulemaking Authority 366.05(1), 366.82(1)-(4) FS. Law Implemented 366.82(1)-(4) FS. History–New 12-2-80, Amended 12-30-82, Formerly 25-17.04, Repealed 4-2-90.

Fla. Admin. Code R. 25-17.005 Evaluation of Electric Utility Conservation Efforts

History

• Rulemaking Authority 366.05(1), 366.82(1)-(4) FS. Law Implemented 366.82(1)-(4) FS. History–New 12-2-80, Amended 12-30-82, 6-19-84, Formerly 25-17.05, Amended 9-14-88, Repealed 5-10-93.

Fla. Admin. Code R. 25-17.006 Electric Utility System Conservation End Use Data

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(1), 366.82 FS. History–New 6-14-82, Amended 1-20-85, Formerly 25-17.06, Amended 9-7-87, 5-10-93, 3-7-94, 3-17-98, Repealed 9-23-13.

Fla. Admin. Code R. 25-17.007 Normalization of Electric Utility Load Data

History

• Rulemaking Authority 366.05(1), 366.82(1)-(4) FS. Law Implemented 366.82(1)-(4) FS. History–New 6-19-84, Formerly 25-17.07, Repealed 5-10-93.

Fla. Admin. Code R. 25-17.008 Conservation and Self-Service Wheeling Cost Effectiveness Data Reporting Format

(1) This rule applies to all electric utilities, as addressed by Section 366.82, F.S., whenever an evaluation of the cost effectiveness of an existing, new or modified demand side conservation program is required by the Commission and to all public utilities, as addressed by Section 366.051, F.S., whenever an evaluation of the cost effectiveness of a self-service wheeling proposal is required by the Commission. For the purpose of this rule, self-service wheeling means transmission or distribution service provided by a public utility to enable a retail customer to transmit electrical power generated by the customer at one location to the customer’s facilities at another location.

(2) The purpose of this rule is to establish minimum filing requirements for reporting cost effectiveness data for any demand side conservation program proposed by an electric utility pursuant to Rule 25-17.001, F.A.C., and for any self-service wheeling proposal made by a qualifying facility or public utility pursuant to Rule 25-17.0883, F.A.C.

(3) For the purpose of this rule, the Commission adopts and incorporates by reference the publication “Florida Public Service Commission Cost Effectiveness Manual For Demand Side Management Programs and Self-Service Wheeling Proposals” (7-7-91).

(4) Nothing in this rule shall be construed as prohibiting any party from providing additional data proposing additional formats for reporting cost effectiveness data.

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.81, 366.82(1)-(5), 366.051 FS. History–New 11-28-82, Formerly 25-17.08, Amended 7-17-91.

Fla. Admin. Code R. 25-17.009 Requirements for Reporting Cost Effectiveness Data for Demand Side Management Programs of Natural Gas Utilities

(1) This rule applies to all natural gas utilities as defined in Section 366.82, F.S.

(2) Each utility that seeks to recover costs for an existing, new, or modified demand side management program pursuant to Section 366.82(5), F.S., and Rule 25-17.015, F.A.C., shall file the cost effectiveness test results of the Participants Test and the Rate Impact Measure Test in the format set forth in Form PSC/ENG 14-G (4/96), entitled the “Florida Public Service Commission Cost Effectiveness Manual for Natural Gas Utility Demand Side Management Programs,” which is incorporated by reference in this rule and may be obtained from the Director, Division of Engineering, Florida Public Service Commission:

(a) At the time each utility petitions the Commission to approve a new or modified demand side management program; and

(b) When the Commission requires the data for an existing, approved demand side management program.

(3) Nothing in this rule shall be construed as prohibiting any party from providing additional data or proposing additional formats for reporting cost effectiveness data for demand side management programs.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.81, 366.82(1)-(5) FS. History–New 4-18-96.

Fla. Admin. Code R. 25-17.011 Continuation of Energy Conservation Loan Guarantees

History

• Rulemaking Authority 366.05(1), 366.82 FS. Law Implemented 366.05(1), 366.82 FS. History–New 10-13-81, Amended 1-5-82, 12-30-82, Formerly 25-17.11, Amended 2-9-86, 8-9-92, Repealed 7-14-98.

Fla. Admin. Code R. 25-17.015 Energy Conservation Cost Recovery

(1) The Commission shall conduct annual energy conservation cost recovery (ECCR) proceedings each calendar year. Each utility over which the Commission has ratemaking authority may seek to recover its costs for energy conservation programs. Each utility seeking cost recovery shall file the following at the times directed by the Commission, pursuant to the order establishing procedures in the annual cost recovery proceeding:

(a) An annual final true-up filing showing the actual common costs, individual program costs and revenues, and actual total ECCR revenues for the most recent 12-month historical period from January 1 through December 31 that ends prior to the annual ECCR proceedings. As part of this filing, the utility shall include a summary comparison of the actual total costs and revenues reported to the estimated total costs and revenues previously reported for the same period covered by the filing in paragraph (1)(b). The filing shall also include the final over- or under-recovery of total conservation costs for the final true-up period.

(b) An annual estimated/actual true-up filing showing actual and projected common costs, individual program costs, and any revenues collected. Actual costs and revenues should begin January 1 immediately following the period described in paragraph (1)(a). The filing shall also include the estimated/actual over- or under-recovery of total conservation costs for the estimated/actual true-up period.

(c) An annual projection filing showing 12 months projected common costs and program costs for the period beginning January 1 following the annual hearing.

(d) An annual petition setting forth proposed energy conservation cost recovery factors to be effective for the 12-month period beginning January 1 following the annual hearing. The proposed factors shall take into account the data filed pursuant to paragraphs (1)(a), (b) and (c).

(2) Each utility shall establish separate accounts or subaccounts for each conservation program for purposes of recording the costs incurred for that program. Each utility shall also establish separate subaccounts for any revenues derived from specific customer charges associated with specific programs.

(3) A complete list of all account and subaccount numbers used for conservation cost recovery shall accompany each filing in paragraph (1)(a).

(4) New programs or program modifications must be approved prior to a utility seeking cost recovery. A utility may seek cost recovery for implementation costs associated with new or modified programs incurred prior to Commission approval. However, a utility may not seek cost recovery for any incentives or rebates associated with new or modified programs paid prior to Commission approval.

(5) Advertising expense recovered through energy conservation cost recovery shall be directly related to an approved conservation program, shall not mention a competing energy source, and shall not be company image enhancing. When the advertisement makes a specific claim of potential energy savings or states appliance efficiency ratings or savings, all data sources and calculations used to substantiate these claims must be included in the filings required by subsection (1). In determining whether an advertisement is “directly related to an approved conservation program,” the Commission shall refer to the Order approving the program. In addition, the Commission shall consider whether the advertisement or advertising campaign:

(a) Identifies a specific problem;

(b) States how to correct the problem; and

(c) Provides direction concerning how to obtain help to alleviate the problem.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(2)(f), 366.06(1), 366.82(2), (7), (10), (11) FS. History–New 1-27-81, Amended 12-30-82, 3-27-86, Formerly 25-17.15, Amended 8-22-90, 11-16-97, 5-4-99, 2-28-19.

Fla. Admin. Code R. 25-17.016 Oil-Backout Cost Recovery Factor

History

• Rulemaking Authority 366.05(1) FS. Law Implemented 366.82(5) FS. History–New 2-25-82, Amended 8-31-82, Formerly 25-17.16, Repealed 12-19-95.

Fla. Admin. Code R. 25-17.051 Definitions

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, 9-28-81, Formerly 25-6.111, 25-17.51, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.052 Auditors; Minimum Qualifications

History

• Rulemaking Authority 366.05(1), 366.82(7) FS. Law Implemented 366.82(7) FS. History–New 10-28-82, Formerly 25-17.52, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.053 Program Announcement

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.113, Amended 10-28-82, 2-22-84, Formerly 25-17.53, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.054 Energy Audit; Offer and Initial Contact

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.114, Amended 10-28-82, 2-22-84, Formerly 25-17.54, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.0545 Contracts for Performing Audits

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 10-28-82, Formerly 25-17.545, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.055 Performance of the Energy Conservation Audit

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.115, 25-6.115(3)(a) Transferred to 25-17.51(9), (10), 25-6.115(3)(c), Amended 10-28-82, 2-22-84, Formerly 25-17.55, Amended 5-20-92, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.056 Program Inspections

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.116, Amended 10-28-82, Formerly 25-17.56, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.057 Energy Conservation Audit Results

History

• Rulemaking Authority 366.05(1), 366.82 FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.117, Amended 10-28-82, Formerly 25-17.57, Amended 5-20-92, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.059 Energy Conservation Audit Charges, Disclosure and Disclaimers

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.119, Amended 10-28-82, Formerly 25-17.59, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.061 Financing and Installation Arrangements

History

• Rulemaking Authority 366.05(1), 366.82(5) FS. Law Implemented 366.82 FS. History–New 12-16-80, Amended 10-28-82, Formerly 25-17.61, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.064 Program Work Plans and Reports

History

• Rulemaking Authority 366.05(1), 366.82(5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.124, Amended 10-28-82, 2-22-84, Formerly 25-17.64, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.065 Program Recordkeeping

History

• Rulemaking Authority 366.05(1), 366.82(5) FS. Law Implemented 366.82 FS. History–New 5-4-80, Amended 12-16-80, Formerly 25-6.125, Amended 2-22-84, Formerly 25-17.65, Repealed 7-14-96.

Fla. Admin. Code R. 25-17.080 Definitions and Qualifying Criteria

(1) For the purpose of these rules the Commission adopts the Federal Energy Regulatory Commission Rules 292.101 through 292.207, effective March 20, 1980, regarding definitions and criteria that a small power producer or cogenerator must meet to achieve the status of a qualifying facility. Small power producers and cogenerators which fail to meet the FERC criteria for achieving qualifying facility status but otherwise meet the objectives of economically reducing Florida’s dependence on oil and the economic deferral of utility power plant expenditures may petition the Commission to be granted qualifying facility status for the purpose of receiving energy and capacity payments pursuant to these rules.

(2) In general, under the FERC regulations, a small power producer is a qualifying facility if:

(a) The small power producer does not exceed 80 MW; and

(b) The primary (at least 50%) energy source of the small power producer is biomass, waste, or another renewable resource; and

(c) The small power production facility is not owned by a person primarily engaged in the generation or sale of electricity. This criterion is met if less than 50% of the equity interest in the facility is owned by a utility, utility holding company, or a subsidiary of them.

(3) In general, under the FERC regulations, a cogenerator is a qualifying facility if:

(a) The useful thermal energy output of a topping cycle cogeneration facility is not less than 5% of the facility’s total energy output per year; and

(b) The useful power output plus half of the useful thermal energy output of a topping cycle cogeneration facility built after March 13, 1980, with any energy input of natural gas or oil is greater than 42.5% or 45% if the useful thermal energy output is less than 15% of the total energy output of the facility; and

(c) The useful power output of a bottoming cycle cogeneration facility built after March 13, 1980, with any energy input as supplementary firing of natural gas or oil is not less than 45% of the natural gas or oil input on an annual basis; and

(d) The cogeneration facility is not owned by a person primarily engaged in the generation or sale of electricity. This criterion is met if less than 50% of the equity interest in the facility is owned by a utility, utility holding company, or a subsidiary of them.

History

• Rulemaking Authority 366.05(1), 350.127(2) FS. Law Implemented 366.05(1) FS. History–New 5-13-81, Amended 9-4-83, Formerly 25-17-80.

Fla. Admin. Code R. 25-17.082 The Utility’s Obligation to Purchase; Customer’s Selection of Billing Method

(1) Upon compliance by the qualifying facility with Rule 25-17.087, F.A.C., each utility shall purchase electricity produced and sold by qualifying facilities at rates which have been agreed upon by the utility and qualifying facility or at the utility’s published tariff. Each utility shall file a tariff or tariffs and a standard offer contract or contracts for the purchase of energy and capacity from qualifying facilities which reflects the provisions set forth in these rules.

(2) Unless the Commission determines that alternative metering requirements cause no adverse effect on the cost or reliability of electric service to the utility’s general body of customers, each tariff and standard offer contract shall specify the following metering requirements for billing purposes:

(a) Hourly recording meters shall be required for qualifying facilities with an installed capacity of 100 kilowatts or more.

(b) For qualifying facilities with an installed capacity of less than 100 kilowatts, at the option of the qualifying facility, either hourly recording meters, dual kilowatt-hour register time-of-day meters, or standard kilowatt-hour meters shall be installed. Unless special circumstances warrant, meters shall be read at monthly intervals on the approximate corresponding day of each meter reading period.

(3)(a) A qualifying facility, upon entering into a contract for the sale of firm capacity and energy or prior to delivery of as-available energy to a utility, shall elect to make either simultaneous purchases from the interconnecting utility and sales to the purchasing utility or net sales to the purchasing utility. Once made, the selection of a billing methodology may only be changed:

1. When a qualifying facility selling as-available energy enters into a negotiated contract or standard offer contract for the sale of firm capacity and energy; or

2. When a firm capacity and energy contract expires or is lawfully terminated by either the qualifying facility or the purchasing utility; or

3. When the qualifying facility is selling as-available energy and has not changed billing methods within the last twelve months; and

4. When the election to change billing methods will not contravene the provisions of Rule 25-17.0832, F.A.C., or any contract between the qualifying facility and the utility.

Firm capacity and energy contracts in effect prior to the effective date of this rule shall remain unchanged.

(b) If a qualifying facility elects to change billing methods in accordance with this rule, such change shall be subject to the following provisions:

1. Upon at least thirty days advance written notice;

2. Upon the installation by the utility of any additional metering equipment reasonably required to effect the change in billing and upon payment by the qualifying facility for such metering equipment and its installation; and

3. Upon completion and approval by the utility of any alterations to the interconnection reasonably required to effect the change in billing and upon payment by the qualifying facility for such alterations.

(c) Should a qualifying facility elect to make simultaneous purchases and sales, purchases of electric service by the qualifying facility from the interconnecting utility shall be billed at the retail rate schedule under which the qualifying facility load would receive service as a non-generating customer of the utility; sales of electricity delivered by the qualifying facility to the purchasing utility shall be purchased at the utility’s avoided energy and capacity rates, where applicable, in accordance with Rules 25-17.0825 and 25-17.0832, F.A.C.

(d) Should a qualifying facility elect a net billing arrangement, the hourly net energy and capacity sales delivered to the purchasing utility shall be purchased at the utility’s avoided energy and capacity rates, where applicable, in accordance with Rules 25-17.0825 and 25-17.0832, F.A.C.; purchases from the interconnecting utility shall be billed pursuant to the utility’s applicable standby service or supplemental service rate schedules.

(4)(a) Payments for energy and capacity sold by a qualifying facility shall be rendered monthly by the purchasing utility and as promptly as possible, normally by the twentieth business day following the day the meter is read. The kilowatt-hours sold by the qualifying facility, the applicable avoided energy rate at which payments were made, and the rate and amount of the applicable capacity payment shall accompany the payment by the utility to the qualifying facility.

(b) Where simultaneous purchases and sales are made by a qualifying facility from and to a single utility, avoided energy and capacity payments to the qualifying facility may, at the option of the qualifying facility, be shown as a credit to the qualifying facility’s bill; the kilowatt-hours produced by the qualifying facility, the avoided energy rate at which payments were made, and the rate and amount of the capacity payment shall accompany the bill to the qualifying facility. A credit shall not exceed the amount of the qualifying facility’s bill from the utility and the excess, if any, shall be paid directly to the qualifying facility in accordance with this rule.

(5) A utility may require a security deposit from each interconnected qualifying facility in accordance with Rule 25-6.097, F.A.C., for the qualifying facility’s purchase of power from the utility. Each utility’s tariff shall contain specific criteria for determining the applicability and amount of a deposit from an interconnected qualifying facility consistent with projected net cash flow on a monthly basis.

(6) Each utility shall keep separate accounts for sales to qualifying facilities and purchases from qualifying facilities.

History

• Rulemaking Authority 366.051, 350.127(2) FS. Law Implemented 350.115, 366.03, 366.04(2)(a), (c), (5), 366.041(1), 366.051, 366.06(1) FS. History–New 5-13-81, Amended 9-4-83, Formerly 25-17.82, Amended 10-25-90.

Fla. Admin. Code R. 25-17.0825 As-Available Energy

(1) As-available energy is energy produced and sold by a qualifying facility on an hour-by-hour basis for which contractual commitments as to the quantity, time, or reliability of delivery are not required. Each utility shall purchase as-available energy from any qualifying facility. As-available energy shall be sold by a qualifying facility and purchased by a utility pursuant to the terms and conditions of a published tariff or a separately negotiated contract.

As-available energy sold by a qualifying facility shall be purchased by the utility at a rate, in cents per kilowatt-hour, not to exceed the utility’s avoided energy cost. Because of the lack of assurances as to the quantity, time, or reliability of delivery of as-available energy, no capacity payments shall be made to a qualifying facility for the delivery of as-available energy.

(a) Tariff Rates: Each utility shall publish a tariff for the purchase of as-available energy from qualifying facilities. Each utility’s published tariff shall state that the rate of payment for as-available energy is the utility’s avoided energy cost as defined in subsection (2) of this rule, less the additional costs directly attributable to the purchase of such energy from a qualifying facility. The additional costs directly associated with the purchase of as-available energy from qualifying facilities shall be specifically identified in the utility’s tariff.

(b) Contract Rates: Each utility may enter into a separately negotiated contract for the purchase of as-available energy from a qualifying facility. All contracts for the purchase of as-available energy between a qualifying facility and a utility shall be filed with the Commission within 10 working days of their signing. Those qualifying facilities wishing to negotiate a contract for the sale of firm capacity and energy with terms different from those in a utility’s standard offer contract may do so pursuant to subsection 25-17.0832(2), F.A.C. Where parties cannot agree on the terms and conditions of a negotiated contract, either party may apply to the Commission for relief pursuant to Rule 25-17.0834, F.A.C.

(2)(a) Avoided energy costs associated with as-available energy are defined as the utility’s actual avoided energy cost before the sale of interchange energy. Avoided energy costs associated with as-available energy shall be all costs the utility avoided due to the purchase of as-available energy, including the utility’s incremental fuel, identifiable variable operating and maintenance expense, and identifiable variable utility power purchases. Demonstrable utility administrative costs required to calculate avoided energy costs may be deducted from avoided energy payments. Avoided line losses reflecting the voltage at which generation by the qualifying facility is received by the utility shall also be included in the determination of avoided energy costs. Each utility shall calculate its avoided energy cost associated with as-available energy deterministically, on an hour-by-hour basis, after accounting for interchange sales which have taken place, using the utility’s actual avoided energy cost for the hour, as affected by the output of the qualifying facilities connected to the utility’s system. A megawatt block size at least equal to the most recent available estimate of the combined average hourly generation of all qualifying facilities making energy sales based on the utility’s as-available energy rate to the utility shall be used to calculate the utility’s hourly avoided energy costs associated with as-available energy. For the purpose of this subsection, interchange sales are inter-utility sales which are provided at the option of the selling utility exclusive of central pool dispatch transactions.

(b) Each utility’s tariff shall include a description of the methodology to be used in the calculation of avoided energy cost implementing subsection (2) of this rule. Each utility’s implementation methodology shall specify the method by which the utility’s incremental fuel and operating and maintenance costs and line losses are determined.

(3)(a) For qualifying facilities with hourly recording meters, monthly payments for as-available energy shall be made and shall be calculated based on the product of: (1) the utility’s actual avoided energy rate for each hour during the month; and (2) the quantity of energy sold by the qualifying facility during that hour.

(b) For qualifying facilities with dual kilowatt-hour register time-of-day meters, monthly payments for as-available energy shall be calculated based on the average of the utility’s actual hourly avoided energy rate for the on-peak and off-peak periods during the month.

(c) For qualifying facilities with standard kilowatt-hour meters, monthly payments for as-available energy shall be calculated based on the average of the utility’s actual hourly avoided energy rate for the off-peak periods during the month.

(4) Each utility shall file with the Commission by the twentieth business day of the following month, a monthly report of their actual hourly avoided energy costs, the average of their actual hourly avoided energy costs for the on-peak and off-peak periods during the month, and the average of their actual hourly avoided energy costs for the month with the Commission. A copy shall be furnished to any individual who requests such information.

(5) Upon request by a qualifying facility or any interested person, each utility shall provide within 30 days its most current projections of its generation mix, fuel price by type of fuel, and at least a five year projection of fuel forecasts to estimate future as-available energy prices as well as any other information reasonably required by the qualifying facility to project future avoided cost prices including, but not limited to, a 24 hour advance forecast of hour-by-hour avoided energy costs. The utility may charge an appropriate fee, not to exceed the actual cost of production and copying, for providing such information.

(6) Utility payments for as-available energy made to qualifying facilities pursuant to the utility’s tariff shall be recoverable by the utility through the Commission’s periodic review of fuel and purchased power. Utility payments for as-available energy made to qualifying facilities pursuant to a separately negotiated contract shall be recoverable by the utility through the Commission’s periodic review of fuel and purchased power costs if the payments are not reasonably projected to result in higher cost electric service to the utility’s general body of ratepayers or adversely affect the adequacy or reliability of electric service to all customers.

History

• Rulemaking Authority 366.051, 350.127(2) FS. Law Implemented 366.04(2)(c), (f), (5), 366.041(1), 366.051, 366.06(1) FS. History–New 9-4-83, Formerly 25-17.825, Amended 10-25-90.

Fla. Admin. Code R. 25-17.083 Firm Energy and Capacity

History

• Rulemaking Authority 350.127(2), 366.04(1), 366.05(1), (9) FS. Law Implemented 366.05(9) FS. History–New 9-4-83, Formerly 25-17.83, Repealed 10-25-90.

Fla. Admin. Code R. 25-17.0831 Contracts

History

• Rulemaking Authority 350.127(2), 366.05(9) FS. Law Implemented 366.05(9) FS. History–New 9-4-83, Formerly 25-17.831, Repealed 10-25-90.

Fla. Admin. Code R. 25-17.0832 Firm Capacity and Energy Contracts

(1) Firm capacity and energy are capacity and energy produced and sold by a qualifying facility and purchased by a utility pursuant to a negotiated contract or a standard offer contract subject to certain contractual provisions as to the quantity, time, and reliability of delivery.

(a) Within one working day of the execution of a negotiated contract or the receipt of a signed standard offer contract, the utility shall notify the Director of the Division of Engineering and provide the amount of committed capacity and the type of generating unit, if any, which the contracted capacity is intended to avoid or defer.

(b) Within 10 working days of the execution of a negotiated contract or receipt of a signed standard offer contract for the purchase of firm capacity and energy, the purchasing utility shall file with the Commission a copy of the signed contract and a summary of its terms and conditions. At a minimum, the summary shall include:

1. The name of the utility and the owner and operator of the qualifying facility, who are signatories of the contract;

2. The amount of committed capacity specified in the contract, the size of the facility, the type of facility, its location, and its interconnection and transmission requirements;

3. The amount of annual and on-peak and off-peak energy expected to be delivered to the utility;

4. The type of unit being avoided, its size, and its in-service year;

5. The in-service date of the qualifying facility; and

6. The date by which the delivery of firm capacity and energy is expected to commence.

(2) Negotiated Contracts. Utilities and qualifying facilities are encouraged to negotiate contracts for the purchase of firm capacity and energy to avoid or defer the construction of all planned utility generating units which are not subject to the requirements of Rule 25-22.082, F.A.C. If a utility is required to issue a Request for Proposals (RFP) pursuant to Rule 25-22.082, F.A.C., negotiations with qualifying facilities shall be governed by the utility’s RFP process. Negotiated contracts will be considered prudent for cost recovery purposes if it is demonstrated by the utility that the purchase of firm capacity and energy from the qualifying facility pursuant to the rates, terms, and other conditions of the contract can reasonably be expected to contribute towards the deferral or avoidance of additional capacity construction or other capacity-related costs by the purchasing utility at a cost to the utility’s ratepayers which does not exceed full avoided costs, giving consideration to the characteristics of the capacity and energy to be delivered by the qualifying facility under the contract. Negotiated contracts shall not be counted towards the subscription limit of the avoided unit in a standard offer contract, thus preserving the standard offer for small qualifying facilities as described in subsection (4).

(3) Cost Recovery for Negotiated Contracts. In reviewing negotiated firm capacity and energy contracts for the purpose of cost recovery, the Commission shall consider factors relating to the contract that would impact the utility’s general body of retail and wholesale customers including:

(a) Whether additional firm capacity and energy is needed by the purchasing utility and by Florida utilities from a statewide perspective;

(b) Whether the cumulative present worth of firm capacity and energy payments made to the qualifying facility over the term of the contract are projected to be no greater than:

1. The cumulative present worth of the value of a year-by-year deferral of the construction and operation of generation or parts thereof by the purchasing utility over the term of the contract, calculated in accordance with subsection (5) and paragraph (6)(a) of this rule, provided that the contract is designed to contribute towards the deferral or avoidance of such capacity; or

2. The cumulative present worth of other capacity and energy related costs that the contract is designed to avoid such as fuel, operation, and maintenance expenses or alternative purchases of capacity, provided that the contract is designed to avoid such costs;

(c) To the extent that annual firm capacity and energy payments made to the qualifying facility in any year exceed that year’s annual value of deferring the construction and operation of generation by the purchasing utility or other capacity and energy related costs, whether the contract contains provisions to ensure repayment of such payments exceeding that year’s value of deferring that capacity in the event that the qualifying facility fails to deliver firm capacity and energy pursuant to the terms and conditions of the contract, provided, however, that provisions to ensure repayment may be based on forecasted data; and

(d) Considering the technical reliability, viability, and financial stability of the qualifying facility, whether the contract contains provisions to protect the purchasing utility’s ratepayers in the event the qualifying facility fails to deliver firm capacity and energy in the amount and times specified in the contract.

(4) Standard Offer Contracts.

(a) Upon petition by a utility or pursuant to a Commission action, each public utility shall submit for Commission approval a tariff or tariffs and a standard offer contract or contracts for the purchase of firm capacity and energy from small qualifying facilities. In lieu of a separately negotiated contract, standard offer contracts are available to qualifying facilities, as defined by subsection 25-17.080(3), F.A.C., with a design capacity of 100 kW or less.

(b) The rates, terms, and other conditions contained in each utility’s standard offer contract or contracts shall be based on the need for and equal to the avoided cost of deferring or avoiding the construction of additional generation capacity or parts thereof by the purchasing utility. Rates for payment of capacity sold by a qualifying facility shall be specified in the contract for the duration of the contract. In reviewing a utility’s standard offer contract or contracts, the Commission shall consider the criteria specified in paragraphs (3)(a) through (3)(d) of this rule, as well as any other information relating to the determination of the utility’s full avoided costs.

(c) The utility shall evaluate, select, and enter into standard offer contracts with eligible qualifying facilities based on the benefits to the ratepayers. Within 60 days of receipt of a signed standard offer contract, the utility shall either:

1. Accept and sign the contract and return it within five days to the qualifying facility; or

2. Petition the Commission not to accept the contract and provide justification for the refusal. Such petitions may be based on:

a. A reasonable allegation by the utility that acceptance of the standard offer will exceed the subscription limit of the avoided unit or units; or

b. Material evidence showing that because the qualifying facility is not financially or technically viable, it is unlikely that the committed capacity and energy would be made available to the utility by the date specified in the standard offer.

(d) A standard offer contract which has been accepted by a qualifying facility shall apply towards the subscription limit of the unit designated in the contract effective the date the utility receives the accepted contract. If the contract is not accepted by the utility, its effect shall be removed from the subscription limit effective the date of the Commission order granting the utility’s petition.

(e) Minimum Specifications. Each standard offer contract shall, at minimum, specify:

1. The avoided unit or units on which the contract is based;

2. The total amount of committed capacity, in megawatts, needed to fully subscribe the avoided unit specified in the contract;

3. The payment options available to the qualifying facility including all financial and economic assumptions necessary to calculate the firm capacity payments available under each payment option and an illustrative calculation of firm capacity payments for a minimum five year term contract commencing with the in-service date of the avoided unit for each payment option;

4. The date on which the standard contract offer expires;

5. A reasonable open solicitation period during which time the utility will accept proposals for standard offer contracts. Prior to the issuance of timely notice of a Request for Proposals (RFP) pursuant to subsection 25-22.082(3), F.A.C., the utility shall end the open solicitation period;

6. The date by which firm capacity and energy deliveries from the qualifying facility to the utility shall commence. This date shall be no later than the anticipated in-service date of the avoided unit specified in the contract;

7. The period of time over which firm capacity and energy shall be delivered from the qualifying facility to the utility. Firm capacity and energy shall be delivered, at a minimum, for a period of five years, commencing with the anticipated in-service date of the avoided unit specified in the contract. At a maximum, firm capacity and energy shall be delivered for a period of time equal to the anticipated plant life of the avoided unit, commencing with the anticipated in-service date of the avoided unit;

8. The minimum performance standards for the delivery of firm capacity and energy by the qualifying facility during the utility’s daily seasonal peak and off-peak periods. These performance standards shall approximate the anticipated peak and off-peak availability and capacity factor of the utility’s avoided unit over the term of the contract;

9. The description of the proposed facility including the location, steam host, generation technology, and fuel sources;

10. Provisions to ensure repayment of payments to the extent that annual firm capacity and energy payments made to the qualifying facility in any year exceed that year’s annual value of deferring the avoided unit specified in the contract in the event that the qualifying facility fails to perform pursuant to the terms and conditions of the contract. Such provisions may be in the form of a surety bond or equivalent assurance of repayment of payments exceeding the year-by-year value of deferring the avoided unit specified in the contract.

(f) The utility may include the following provisions:

1. Provisions to protect the purchasing utility’s ratepayers in the event the qualifying facility fails to deliver firm capacity and energy in the amount and times specified in the contract which may be in the form of an up-front payment, surety bond, or equivalent assurance of payment. Payment or surety shall be refunded upon completion of the facility and demonstration that the facility can deliver the amount of capacity and energy specified in the contract; and

2. A listing of the parameters, including any impact on electric power transfer capability, associated with the qualifying facility as compared to the avoided unit necessary for the calculation of the avoided cost.

3. Provisions that allow for revisions to the contract based upon changes to the purchasing utility’s avoided costs.

(g) Firm Capacity Payment Options. Each standard offer contract shall also contain, at a minimum, the following options for the payment of firm capacity delivered by the qualifying facility:

1. Value of deferral capacity payments. Value of deferral capacity payments shall commence on the anticipated in-service date of the avoided unit. Capacity payments under this option shall consist of monthly payments escalating annually of the avoided capital and fixed operation and maintenance expense associated with the avoided unit and shall be equal to the value of a year-by-year deferral of the avoided unit, calculated in accordance with paragraph (6)(a) of this rule.

2. Early capacity payments. Each standard offer contract shall specify the earliest date prior to the anticipated in-service date of the avoided unit when early capacity payments may commence. The early capacity payment date shall be an approximation of the lead time required to site and construct the avoided unit. Early capacity payments shall consist of monthly payments escalating annually of the avoided capital and fixed operation and maintenance expense associated with the avoided unit, calculated in conformance with paragraph (6)(b) of the rule. At the option of the qualifying facility, early capacity payments may commence at any time after the specified early capacity payment date and before the anticipated in-service date of the avoided unit provided that the qualifying facility is delivering firm capacity and energy to the utility. Where early capacity payments are elected, the cumulative present value of the capacity payments made to the qualifying facility over the term of the contract shall not exceed the cumulative present value of the capacity payments which would have been made to the qualifying facility had such payments been made pursuant to subparagraph (4)(g)1. of this rule.

3. Levelized capacity payments. Levelized capacity payments shall commence on the anticipated in-service date of the avoided unit. The capital portion of capacity payments under this option shall consist of equal monthly payments over the term of the contract, calculated in conformance with paragraph (6)(c) of this rule. The fixed operation and maintenance portion of capacity payments shall be equal to the value of the year-by-year deferral of fixed operation and maintenance expense associated with the avoided unit calculated in conformance with paragraph (6)(a) of this rule. Where levelized capacity payments are elected, the cumulative present value of the levelized capacity payments made to the qualifying facility over the term of the contract shall not exceed the cumulative present value of capacity payments which would have been made to the qualifying facility had such payments been made pursuant to subparagraph (4)(g)1. of this rule, value of deferral capacity payments.

4. Early levelized capacity payments. Each standard offer contract shall specify the earliest date prior to the anticipated in-service date of the avoided unit when early levelized capacity payments may commence. The early capacity payment date shall be an approximation of the lead time required to site and construct the avoided unit. The capital portion of capacity payments under this option shall consist of equal monthly payments over the term of the contract, calculated in conformance with paragraph (6)(c) of this rule. The fixed operation and maintenance expense shall be calculated in conformance with paragraph (6)(b) of this rule. At the option of the qualifying facility, early levelized capacity payments shall commence at any time after the specified early capacity date and before the anticipated in-service date of the avoided unit provided that the qualifying facility is delivering firm capacity and energy to the utility. Where early levelized capacity payments are elected, the cumulative present value of the capacity payments made to the qualifying facility over the term of the contract shall not exceed the cumulative present value of the capacity payments which would have been made to the qualifying facility had such payments been made pursuant to subparagraph (4)(g)1. of this rule.

(5) Avoided Energy Payments for Standard Offer Contracts.

(a) For the purpose of this rule, avoided energy costs associated with firm energy sold to a utility by a qualifying facility pursuant to a utility’s standard offer contract shall commence with the in-service date of the avoided unit specified in the contract. Prior to the in-service date of the avoided unit, the qualifying facility may sell as-available energy to any utility pursuant to Rule 25-17.0825, F.A.C.

(b) To the extent that the avoided unit would have been operated, had that unit been installed, avoided energy costs associated with firm energy shall be the energy cost of this unit. To the extent that the avoided unit would not have been operated, the avoided energy costs shall be the as-available avoided energy cost of the purchasing utility. During the periods that the avoided unit would not have been operated, firm energy purchased from qualifying facilities shall be treated as as-available energy for the purposes of determining the megawatt block size in paragraph 25-17.0825(2)(a), F.A.C.

(c) The energy cost of the avoided unit specified in the contract shall be defined as the cost of fuel, in cents per kilowatt-hour, which would have been burned at the avoided unit plus variable operation and maintenance expense plus avoided line losses. The cost of fuel shall be calculated as the average market price of fuel, in cents per million Btu, associated with the avoided unit multiplied by the average heat rate associated with the avoided unit. The variable operating and maintenance expense shall be estimated based on the unit fuel type and technology of the avoided unit.

(6) Calculation of standard offer contract firm capacity payment options.

(a) Calculation of year-by-year value of deferral. The year-by-year value of deferral of an avoided unit shall be the difference in revenue requirements associated with deferring the avoided unit one year and shall be calculated as follows:

VAC m = 1/12[KIn (1 - R)/(1 - R L) + On ]

Where, for a one year deferral:

VACm

=

Utility’s monthly value of avoided capacity, in dollars per kilowatt per month, for each month of year n;

K

=

present value of carrying charges for one dollar of investment over L years with carrying charges computed using average annual rate base and assumed to be paid at the middle of each year and present value to the middle of the first year;

R

=

(1 + ip)/(1 + r);

In

=

Total direct and indirect cost, in mid-year dollars per kilowatt including AFUDC but excluding CWIP, of the avoided unit with an in-service date of year n, including all identifiable and quantifiable costs relating to the construction of the avoided unit that would have been paid had the avoided unit been constructed;

On

=

Total fixed operation and maintenance expense for the year n, in mid-year dollars per kilowatt per year, of the avoided unit;

ip

=

Annual escalation rate associated with the plant cost of the avoided unit(s);

io

=

Annual escalation rate associated with the operation and maintenance expense of the avoided unit(s);

r

=

Annual discount rate, defined as the utility’s incremental after tax cost of capital;

L

=

Expected life of the avoided unit; and

n

=

Year for which the avoided unit is deferred starting with its original anticipated in-service date and ending with the termination of the contract for the purchase of firm energy and capacity.

(b) Calculation of early capacity payments. Monthly early capacity payments shall be calculated as follows:

Am = [Ac (1 + ip)(m - 1) + Ao (1 + io) (m - 1) ] /12 for m = 1 to t

Where:

Am

=

Monthly early capacity payments to be made to the qualifying facility for each month of the contract year n, in dollars per kilowatt per month;

ip

=

Annual escalation rate associated with the plant cost of the avoided unit;

io

=

Annual escalation note associated with the operation and maintenance expense of the avoided unit(s);

m

=

Year for which early capacity payments to a qualifying facility are made, starting in year one and ending in the year t;

t

=

The term, in years, of the contract for the purchase of firm capacity;

Ac = F[(1 - R)/(1 - Rt )]

Where:

F

=

The cumulative present value in the year that the contractual payments will begin, of the avoided capital cost component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date of the avoided unit(s);

R

=

(1 + ip)/(l + r); and

r

=

Annual discount rate, defined as the utility’s incremental after tax cost of capital; and

Ao = G[(1 - R) (1 - Rt )]

Where:

G

=

The cumulative present value in the year that the contractual payments will begin, of the avoided fixed operation and maintenance expense component of capacity payments which would have been made had capacity payments commenced with the anticipated in-service date of the avoided unit; and

R

=

(1 + io)/(l + r).

(c) Levelized and early levelized capacity payments. Monthly levelized and early levelized capacity payments shall be calculated as follows:

PL = F/12{r/[1 - (1 + r)-t ]} + O

Where:

PL

=

The monthly levelized capacity payment, starting on or prior to the in-service date of the avoided unit;

F

=

The cumulative present value, in the year that the contractual payments will begin, of the avoided capital cost component of the capacity payments which would have been made had the capacity payments not been levelized;

r

=

The annual discount rate, defined as the utility’s incremental after tax cost of capital; and

t

=

The term, in years, of the contract for the purchase of firm capacity.

O

=

The monthly fixed operation and maintenance component of the capacity payments, calculated in accordance with paragraph (5)(a) for levelized capacity payments or with paragraph (5)(b) for early levelized capacity payments.

(7) Upon request by a qualifying facility or any interested person, each utility shall provide within 30 days its most current projections of its future generation mix including type and timing of anticipated generation additions, and at least a 20-year projection of fuel forecasts, as well as any other information reasonably required by the qualifying facility to project future avoided cost prices. The utility may charge an appropriate fee, not to exceed the actual cost of production and copying, for providing such information.

(8)(a) Firm energy and capacity payments made to a qualifying facility pursuant to a separately negotiated contract shall be recoverable by a utility through the Commission’s periodic review of fuel and purchased power costs if the contract is found to be prudent in accordance with subsection (2) of this rule.

(b) Upon acceptance of the contract by both parties, firm energy and capacity payments made to a qualifying facility pursuant to a standard offer contract shall be recoverable by a utility through the Commission’s periodic review of fuel and purchased power costs.

(c) Firm energy and capacity payments made pursuant to a standard offer contract signed by the qualifying facility, for which the utility has petitioned the Commission to reject, is recoverable through the Commission’s periodic review of fuel and purchased power costs if the Commission requires the utility to accept the contract because it satisfies subsection (4) of this rule.

History

• Rulemaking Authority 350.127, 366.05(1) FS. Law Implemented 366.051, 366.81 FS. History–New 10-25-90, Amended 1-7-97, 5-18-03, 3-12-07.

Fla. Admin. Code R. 25-17.0834 Settlement of Disputes in Contract Negotiations

(1) Public utilities shall negotiate in good faith for the purchase of capacity and energy from qualifying facilities and interconnection with qualifying facilities. In the event that a utility and a qualifying facility cannot agree on the rates, terms, and other conditions for the purchase of capacity and energy, either party may apply to the Commission for relief. Qualifying facilities may petition the Commission to order a utility to sign a contract for the purchase of capacity and energy which does not exceed a utility’s full avoided costs as defined in Section 366.051, F.S., should the Commission find that the utility failed to negotiate in good faith.

(2) To the extent possible, the Commission will dispose of an application for relief within 90 days of the filing of a petition by either a utility or a qualifying facility.

(3) If the Commission finds that a utility has failed to negotiate or deal in good faith with qualifying facilities, or has explicitly dealt in bad faith with qualifying facilities, it shall impose an appropriate penalty on the utility as approved by Section 350.127, F.S.

History

• Rulemaking Authority 366.051, 350.127(2) FS. Law Implemented 350.127(1), 366.051 FS. History–New 10-25-90.

Fla. Admin. Code R. 25-17.0835 Wheeling

History

• Rulemaking Authority 350.127(2), 366.05(9) FS. Law Implemented 366.05(9), 366.055(3) FS. History–New 9-4-83, Formerly 25-17.835, Repealed 10-14-85.

Fla. Admin. Code R. 25-17.0836 Modification to Existing Contracts; Explanation of When Approval Is Required

(1) Each investor-owned utility shall notify the Director of the Division of Engineering of all modifications to existing contracts for the purchase of firm capacity and energy, the costs of which are reviewed through the Commission’s periodic review of fuel and purchased power costs, within 30 days of the modification. At a minimum, the following information shall be submitted:

(a) A description of the modification and a statement indicated whether the modification is a material change;

(b) A copy of the documents that evidence the modification;

(c) A detailed statement explaining whether the existing contract would be viable if no modification is made;

(d) A statement indicating whether the in-service date of the project will change because of the modification; and

(e) A description of the price, performance, or other concessions that result from the contract modification between the purchasing utility and the qualifying facility, nonutility generator, or other utility.

(2) In order for a utility to recover its costs, Commission approval is required for a modification that affects the overall efficiency, cost-effectiveness or nature of the project. Such modifications include, but are not limited to, changes to contractual terms such as location, prime mover technology type, fuel type, performance requirements, contracted megawatt output, the timing of capacity payments, or amount of capacity payments.

(3) Commission approval is not required for modifications explicitly contemplated by the terms of the contract or routine administrative changes. Such modifications include, but are not limited to, an assignment expressly authorized by the terms of the contract, typographical corrections, change of address for payments, or change of name of resident agent.

(4) In cases where approval of a contract modification is required for utility cost recovery, a utility shall file with the Office of Commission Clerk a petition for contract modification approval that provides the information required by paragraphs (1)(a) through (e) above. The petition shall also comply with the requirements of Rule 25-22.036, F.A.C. When a petition is filed, the petition shall serve as the notice required by subsection (1) above.

(5) The utility shall demonstrate any benefits to the general body of ratepayers that result from contract modifications and renegotiations.

(6) The modifications and concessions of the utility and developer shall be evaluated against both the existing contract and the current value of the purchasing utility’s avoided cost.

(7) On its own motion, the Commission may review a contract modification to determine whether the modification requires approval.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(7), (8), 366.051 FS. History–New 1-7-97.

Fla. Admin. Code R. 25-17.0837 Negotiations with Other Utility and Nonutility Generating Facilities

(1) If an investor owned utility’s planned generation unit is not subject to Rule 25-22.082, F.A.C., utilities are encouraged to negotiate contracts for the purchase of firm capacity and energy with other utility and nonutility generators for this capacity.

(2) If a utility has issued a Request for Proposal (RFP) pursuant to Rule 25-22.082, F.A.C., negotiations with other utilities and nonutility generators shall be governed by the utility’s request for proposal process. Prior to or in conjunction with issuing a RFP, the utility may specify the date and time when ongoing negotiations shall cease.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.05(8) FS. History–New 1-7-97.

Fla. Admin. Code R. 25-17.084 The Utility’s Obligation to Sell

Upon compliance with Rule 25-17.087, F.A.C., each utility shall sell energy to qualifying facilities at rates which are just, reasonable, and non-discriminatory.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.041(1), 366.051, 366.06(1) FS. History–New 5-13-81, Amended 9-4-83, Formerly 25-17.84.

Fla. Admin. Code R. 25-17.086 Periods During Which Purchases Are Not Required

Where purchases from a qualifying facility will impair the utility’s ability to give adequate service to the rest of its customers or, due to operational circumstances, purchases from qualifying facilities will result in costs greater than those which the utility would incur if it did not make such purchases, or otherwise place an undue burden on the utility, the utility shall be relieved of its obligation under Rule 25-17.082, F.A.C., to purchase electricity from a qualifying facility. The utility shall notify the qualifying facility(ies) prior to the instance giving rise to those conditions, if practicable. If prior notice is not practicable, the utility shall notify the qualifying facility(ies) as soon as practicable after the fact. In either event the utility shall notify the Commission, and the Commission staff shall, upon request of the affected qualifying facility(ies), investigate the utility’s claim. Nothing in this section shall operate to relieve the utility of its general obligation to purchase pursuant to Rule 25-17.082, F.A.C.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 366.04(5), 366.051 FS. History–New 5-13-81, Amended 9-4-83, Formerly 25-17.86.

Fla. Admin. Code R. 25-17.087 Interconnection and Standards

(1) Each utility shall interconnect with any qualifying facility which:

(a) Is in its service area;

(b) Requests interconnection;

(c) Agrees to meet system standards specified in this rule;

(d) Agrees to pay the cost of interconnection; and

(e) Signs an interconnection agreement.

(2) Where a utility refuses to interconnect with a qualifying facility or attempts to impose unreasonable standards, the qualifying facility may petition the Commission for relief. The utility shall have the burden of demonstrating to the Commission why interconnection with the qualifying facility should not be required or that the standards the utility seeks to impose on the qualifying facility are reasonable.

(3) Upon a showing of credit worthiness, the qualifying facility shall have the option of making monthly installment payments over a period no longer than 36 months toward the full cost of interconnection. However, where the qualifying facility exercises that option the utility shall charge interest on the amount owing. The utility shall charge such interest at the 30-day commercial paper rate. In any event, no utility may bear the cost of interconnection.

(4) Application for Interconnection. A qualifying facility shall not operate electric generating equipment in parallel with the utility’s electric system without the prior written consent of the utility. Formal application for interconnection shall be made by the qualifying facility prior to the installation of any generation related equipment. This application shall be accompanied by the following:

(a) Physical layout drawings, including dimensions;

(b) All associated equipment specifications and characteristics including technical parameters, ratings, basic impulse levels, electrical main one-line diagrams, schematic diagrams, system protections, frequency, voltage, current and interconnection distance;

(c) Functional and logic diagrams, control and meter diagrams, conductor sizes and length, and any other relevant data which might be necessary to understand the proposed system and to be able to make a coordinated system;

(d) Power requirements in watts and vars;

(e) Expected radio-noise, harmonic generation and telephone interference factor;

(f) Synchronizing methods; and

(g) Operating/instruction manuals.

Any subsequent change in the system must also be submitted for review and written approval prior to actual modification. The above mentioned review, recommendations and approval by the utility do not relieve the qualifying facility from complete responsibility for the adequate engineering design, construction and operation of the qualifying facility equipment and for any liability for injuries to property or persons associated with any failure to perform in a proper and safe manner for any reason.

(5) Personnel Safety. Adequate protection and safe operational procedures must be developed and followed by the joint system. These operating procedures must be approved by both the utility and the qualifying facility. The qualifying facility shall be required to furnish, install, operate and maintain in good order and repair, and be solely responsible for, without cost to the utility, all facilities required for the safe operation of the generation system in parallel with the utility’s system.

The qualifying facility shall permit the utility’s employees to enter upon its property at any reasonable time for the purpose of inspection and/or testing the qualifying facility’s equipment, facilities, or apparatus. Such inspections shall not relieve the qualifying facility from its obligation to maintain its equipment in safe and satisfactory operating condition.

The utility’s approval of isolating devices used by the qualifying facility will be required to ensure that these will comply with the utility’s switching and tagging procedure for safe working clearances.

(a) Disconnect Switch. A manual disconnect switch, of the visible load break type, to provide a separation point between the qualifying facility’s generation system and the utility’s system, shall be required. The utility will specify the location of the disconnect switch. The switch shall be mounted separate from the meter socket and shall be readily accessible to the utility and be capable of being locked in the open position with a utility padlock. The utility may reserve the right to open the switch (i.e., isolating the qualifying facility’s generation system) without prior notice to the qualifying facility. To the extent practicable, however, prior notice shall be given.

Any of the following conditions shall be cause for disconnection:

1. Utility system emergencies and/or maintenance requirements;

2. Hazardous conditions existing on the qualifying facility’s generating or protective equipment as determined by the utility;

3. Adverse effects of the qualifying facility’s generation to the utility’s other electric consumers and/or system as determined by the utility;

4. Failure of the qualifying facility to maintain any required insurance; or

5. Failure of the qualifying facility to comply with any existing or future regulations, rules, orders or decisions of any governmental or regulatory authority having jurisdiction over the qualifying facility’s electric generating equipment or the operation of such equipment.

(b) Responsibility and Liability. The utility and the qualifying facility shall each be responsible for its own facilities. The utility and the qualifying facility shall each be responsible for ensuring adequate safeguards for other utility customers, utility and qualifying facility personnel and equipment, and for the protection of its own generating system. The utility and the qualifying facility shall each indemnify and save the other harmless from any and all claims, demands, costs, or expense for loss, damage, or injury to persons or property of the other caused by, arising out of, or resulting from:

1. Any act or omission by a party or that party’s contractors, agents, servants and employees in connection with the installation or operation of that party’s generation system or the operation thereof in connection with the other party’s system;

2. Any defect in, failure of, or fault related to a party’s generation system;

3. The negligence of a party or negligence of that party’s contractors, agents, servants or employees; or

4. Any other event or act that is the result of, or proximately caused by, a party.

For the purposes of this paragraph, the term party shall mean either utility or qualifying facility, as the case may be.

(c) Insurance. The qualifying facility shall deliver to the utility, at least fifteen days prior to the start of any interconnection work, a certificate of insurance certifying the qualifying facility’s coverage under a liability insurance policy issued by a reputable insurance company authorized to do business in the State of Florida naming the qualifying facility as named insured, and the utility as an additional named insured, which policy shall contain a broad form contractual endorsement specifically covering the liabilities accepted under this agreement arising out of the interconnection to the qualifying facility, or caused by operation of any of the qualifying facility’s equipment or by the qualifying facility’s failure to maintain the qualifying facility’s equipment in satisfactory and safe operating condition.

1. The policy providing such coverage for a standard offer contract shall provide public liability insurance, including property damage, in the amount of $1,000,000 for each occurrence.

2. The policy providing such coverage for a negotiated contract shall provide public liability insurance, including property damage, in an amount not less than $1,000,000 for each occurrence. The parties may negotiate the amount of insurance over $1,000,000.

3. The above required policy shall be endorsed with a provision requiring the insurance company to notify the utility thirty days prior to the effective date of cancellation or material change in the policy.

4. The qualifying facility shall pay all premiums and other charges due on said policy and keep said policy in force during the entire period of interconnection with the utility.

(6) Protection and Operation. It will be the responsibility of the qualifying facility to provide all devices necessary to protect the qualifying facility’s equipment from damage by the abnormal conditions and operations which occur on the utility system that result in interruptions and restorations of service by the utility’s equipment and personnel. The qualifying facility shall protect its generator and associated equipment from overvoltage, undervoltage, overload, short circuits (including ground fault condition), open circuits, phase unbalance and reversal, over or under frequency condition, and other injurious electrical conditions that may arise on the utility’s system and any reclose attempt by the utility.

The utility may reserve the right to perform such tests as it deems necessary to ensure safe and efficient protection and operation of the qualifying facility’s equipment.

(a) Loss of Source: The qualifying facility shall provide, or the utility will provide at the qualifying facility’s expense, approved protective equipment necessary to immediately, completely, and automatically disconnect the qualifying facility’s generation from the utility’s system in the event of a fault on the qualifying facility’s system, a fault of the utility’s system, or loss of source on the utility’s system. Disconnection must be completed within the time specified by the utility in its standard operating procedure for its electric system for loss of a source on the utility’s system.

This automatic disconnecting device may be of the manual or automatic reclose type and shall not be capable of reclosing until after service is restored by the utility. The type and size of the device shall be approved by the utility depending upon the installation. Adequate test data or technical proof that the device meets the above criteria must be supplied by the qualifying facility to the utility. The utility shall approve a device that will perform the above functions at minimal capital and operating costs to the qualifying facility.

(b) Coordination and Synchronization. The qualifying facility shall be responsible for coordination and synchronization of the qualifying facility’s equipment with the utility’s electrical system, and assumes all responsibility for damage that may occur from improper coordination or synchronization of the generator with the utility’s system.

(c) Electrical Characteristics. Single phase generator interconnections with the utility are permitted at power levels up to 20 KW. For power levels exceeding 20 KW, a three phase balanced interconnection will normally be required. For the purpose of calculating connected generation, 1 horsepower equals 1 kilowatt. The qualifying facility shall interconnect with the utility at the voltage of the available distribution or the transmission line of the utility for the locality of the interconnection, and shall utilize one of the standard connections (single phase, three phase, wye, delta) as approved by the utility.

The utility may reserve the right to require a separate transformation and/or service for a qualifying facility’s generation system, at the qualifying facility’s expense. The qualifying facility shall bond all neutrals of the qualifying facility’s system to the utility’s neutral, and shall install a separate driven ground with a resistance value which shall be determined by the utility and bond this ground to the qualifying facility’s system neutral.

(d) Exceptions. A qualifying facility’s generator having a capacity rating that can:

1. Produce power in excess of 1/2 of the minimum utility customer requirements of the interconnected distribution or transmission circuit; or

2. Produce power flows approaching or exceeding the thermal capacity of the connected utility distribution or transmission lines or transformers; or

3. Adversely affect the operation of the utility or other utility customer’s voltage, frequency or overcurrent control and protection devices; or

4. Adversely affect the quality of service to other utility customers; or

5. Interconnect at voltage levels greater than distribution voltages, will require more complex interconnection facilities as deemed necessary by the utility.

(7) Quality of Service. The qualifying facility’s generated electricity shall meet the following minimum guidelines:

(a) Frequency. The governor control on the prime mover shall be capable of maintaining the generator output frequency within limits for loads from no-load up to rated output. The limits for frequency shall be 60 hertz (cycles per second), plus or minus an instantaneous variation of less than 1%.

(b) Voltage. The regulator control shall be capable of maintaining the generator output voltage within limits for loads from no-load up to rated output. The limits for voltage shall be the nominal operating voltage level, plus or minus 5%.

(c) Harmonics. The output sine wave distortion shall be deemed acceptable when it does not have a higher content (root mean square) of harmonics than the utility’s normal harmonic content at the interconnection point.

(d) Power Factor. The qualifying facility’s generation system shall be designed, operated and controlled to provide reactive power requirements from 0.85 lagging to 0.85 leading power factor. Induction generators shall have static capacitors that provide at least 85% of the magnetizing current requirements of the induction generator field. (Capacitors shall not be so large as to permit self-excitation of the qualifying facility’s generator field.)

(e) DC Generators. Direct current generators may be operated in parallel with the utility’s system through a synchronous inverter. The inverter must meet all criteria in these rules.

(8) Metering. The actual metering equipment required, its voltage rating, number of phases, size, current transformers, potential transformers, number of inputs and associated memory is dependent on the type, size and location of the electric service provided. In situations where power may flow both in and out of the qualifying facility’s system, power flowing into the qualifying facility’s system will be measured separately from power flowing out of the qualifying facility’s system.

The utility will provide, at no additional cost to the qualifying facility, the metering equipment necessary to measure capacity and energy deliveries to the qualifying facility. The utility will provide, at the qualifying facility’s expense, the necessary additional metering equipment to measure energy deliveries by the qualifying facility to the utility.

(9) Cost Responsibility. The qualifying facility is required to bear all costs associated with the change-out, upgrading or addition of protective devices, transformers, lines, services, meters, switches, and associated equipment and devices beyond that which would be required to provide normal service to the qualifying facility if the qualifying facility were a non-generating customer. These costs shall be paid by the qualifying facility to the utility for all material and labor that is required. Prior to any work being done by the utility, the utility shall supply the qualifying facility with a written cost estimate of all its required materials and labor and an estimate of the date by which construction of the interconnection will be completed. This estimate shall be provided to the qualifying facility within 60 days after the qualifying facility supplies the utility with its final electrical plans. The utility shall also provide project timing and feasibility information to the qualifying facility.

(10) Each utility shall submit to the Commission, a standard agreement for interconnection by qualifying facilities as part of their standard offer contract or contracts required by subsection 25-17.0832(3), F.A.C.

History

• Rulemaking Authority 366.051, 350.127(2) FS. Law Implemented 366.04(2)(c), (5) 366.051 FS. History–New 5-13-81, Amended 9-4-83, Formerly 25-17.87, Amended 10-25-90, 5-10-93, 1-31-00.

Fla. Admin. Code R. 25-17.088 Transmission Service for Qualifying Facilities

History

• Rulemaking Authority 350.127(2), 366.051 FS. Law Implemented 366.04(3), 366.051, 366.055(3) FS. History–New 10-14-85, Formerly 25-17.88, Amended 2-3-87, Repealed 10-25-90.

Fla. Admin. Code R. 25-17.0882 Transmission Service Not Required for Self-Service

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(3), 366.051, 366.055(3) FS. History–New 10-14-85, Formerly 25-17.882, Repealed 10-25-90.

Fla. Admin. Code R. 25-17.0883 Conditions Requiring Transmission Service for Self-service

Public utilities are required to provide transmission and distribution services to enable a retail customer to transmit electrical power generated at one location to the customer’s facilities at another location when the provision of such service and its associated charges, terms, and other conditions are not reasonably projected to result in higher cost electric service to the utility’s general body of retail and wholesale customers or adversely affect the adequacy or reliability of electric service to all customers. The determination of whether transmission service for self service is likely to result in higher cost electric service may be made by using cost effectiveness methodology employed by the Commission in evaluating conservation programs of the utility, adjusted as appropriate to reflect the qualifying facility’s contribution to the utility for standby service and wheeling charges, other utility program costs, the fact that qualifying facility self-service performance can be precisely metered and monitored, and taking into consideration the unique load characteristics of the qualifying facility compared to other conservation programs.

History

• Rulemaking Authority 366.051, 350.127(2) FS. Law Implemented 366.051 FS. History–New 10-25-90.

Fla. Admin. Code R. 25-17.0889 Transmission Service for Qualifying Facilities

(1) Upon request by a qualifying facility, each electric utility in Florida shall provide, subject to the provisions of subsection (3) of this rule, transmission service to wheel as-available energy or firm energy and capacity produced by a Qualifying Facility from the Qualifying Facility to another electric utility.

(2) The rates, terms, and conditions for transmission services as described in subsection (1) and in Rule 25-17.0883, F.A.C., which are provided by an investor-owned utility shall be those approved by the Federal Energy Regulatory Commission.

(3) An electric utility may deny, curtail, or discontinue transmission service to a Qualifying Facility on a non-discriminatory basis if the provision of such service would adversely affect the safety, adequacy, reliability, or cost of providing electric service to the utility’s general body of retail and wholesale customers.

History

• Rulemaking Authority 366.051, 350.127(2) FS. Law Implemented 366.04(2)(c), (5), 366.051, 366.055(3) FS. History–New 10-25-90.

Fla. Admin. Code R. 25-17.089 Contractual Rights

History

• Rulemaking Authority 366.04(1), 366.05(1) FS. Law Implemented 366.82(6) FS. History–New 5-13-81, Formerly 25-17.89, Repealed 9-4-83.

Fla. Admin. Code R. 25-17.091 Governmental Solid Waste Energy and Capacity

(1) Definitions and Applicability:

(a) “Solid Waste Facility” means a facility owned or operated by, or on behalf of, local government, the purpose of which is to dispose of solid waste, as that term is defined in Section 403.703(13), F.S. (1988), and to generate electricity.

(b) A facility is owned by or operated on behalf of a local government if the power purchase agreement is between the local government and the electric utility.

(c) A solid waste facility shall include a facility which is not owned or operated by a local government but is operated on its behalf. When the power purchase agreement is between a non-governmental entity and an electric utility, the facility is operated by a private entity on behalf of a local government if:

1. One or more local governments have entered into a long-term agreement with the private entity for the disposal of solid waste for which the local governments are responsible and that agreement has a term at least as long as the term of the contract for the purchase of energy and capacity from the facility; and

2. The Commission determines there is no undue risk imposed on the electric ratepayers of the purchasing utility, based on:

a. The local government’s acceptance of responsibility for the private entity’s performance of the power purchase contract, or

b. Such other factors as the Commission deems appropriate, including, without limitation, the issuance of bonds by the local government to finance all, or a substantial portion, of the costs of the facility; the reliability of the solid waste technology; and the financial capability of the private owner and operator.

3. The requirements of subparagraph 2. shall be satisfied if a local government described in subparagraph 1. enters into an agreement with the purchasing utility providing that in the event of a default by the private entity under the power purchase contract, the local government shall perform the private entity’s obligations, or cause them to be performed, for the remaining term of the contract, and shall not seek to renegotiate the power purchase contract.

(d) This rule shall apply to all contracts for the purchase of energy or capacity from solid waste facilities entered into, or renegotiated as provided in subsection (3), after October 1, 1988.

(2) Except as provided in subsections (3) and (4) of this rule, the provisions of Rules 25-17.080 and 25-17.089, F.A.C., are applicable to contracts for the purchase of energy and capacity from a solid waste facility.

(3) Any solid waste facility which has an existing firm energy and capacity contract in effect before October 1, 1988, shall have a one-time option to renegotiate that contract to incorporate any or all of the provisions of subsections (2) and (4) into their contract. This renegotiation shall be based on the unit that the contract was designed to avoid but applying the most recent Commission-approved cost estimates of paragraph 25-17.0832(5)(a), F.A.C., for the same unit type and in-service year to determine the utility’s value of avoided capacity over the remaining term of the contract.

(4) Because Section 377.709(4), F.S., requires the local government to refund early capacity payments should a solid waste facility be abandoned, closed down or rendered illegal, a utility may not require risk-related guarantees as required in Rule 25-17.0832, F.A.C., paragraphs (2)(c), (2)(d) and subparagraphs (3)(e)8. and (3)(f)1. However, at its option, a solid waste facility may provide such risk related guarantee.

(5) Nothing in this rule shall preclude a solid waste facility from electing advance capacity payments authorized pursuant to Section 377.709(3)(b), F.S., which advanced capacity payments shall be in lieu of firm capacity payments otherwise authorized pursuant to this rule and Rule 25-17.0832, F.A.C. The provisions of subsection (4) are applicable to solid waste facilities electing advanced capacity payments.

History

• Rulemaking Authority 350.127(2), 377.709(5) FS. Law Implemented 366.051, 366.055(3), 377.709 FS. History–New 8-8-85, Formerly 25-17.91, Amended 4-26-89, 10-25-90.

Fla. Admin. Code R. 25-17.200 Application and Scope

The purpose of these rules is to promote the development of renewable energy; protect the economic viability of Florida’s existing renewable energy facilities; diversify the types of fuel used to generate electricity in Florida; lessen Florida’s dependence on natural gas and fuel oil for the production of electricity; minimize the volatility of fuel costs; encourage investment within the state; improve environmental conditions; and, at the same time, minimize the costs of power supply to electric utilities and their customers. Unless otherwise stated, these rules apply to all investor-owned utilities.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.210 Definitions

For purposes of these rules:

(1) “Renewable Generating Facility” means an electrical generating unit or group of units at a single site, interconnected for synchronous operation and delivery of electricity to an electric utility, where the primary energy in British Thermal Units (BTUs) used for the production of electricity is from one or more of the following sources: hydrogen produced from sources other than fossil fuels, biomass, solar energy, geothermal energy, wind energy, ocean energy, hydroelectric power, or waste heat from a commercial or industrial manufacturing process.

(2) “Biomass” means a fuel source that is comprised of, but not limited to, combustible residues or gases from forest products manufacturing, agricultural and orchard crops, waste products from livestock and poultry operations and food processing, urban wood waste, municipal solid waste, municipal liquid waste treatment operations, and landfill gas.

(3) “Full Avoided Costs,” as defined in Section 366.051, F.S., means the incremental costs to the purchasing utility of the electric energy or capacity, or both, which, but for the purchase from a renewable generating facility, such utility would generate itself or purchase from another source.

(4) “Investor-owned utility” shall have the same meaning as Section 366.02(1), F.S.

(5) “Electric utility” shall have the same meaning as Section 366.02(4), F.S.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.220 Qualifying Criteria

For purposes of these rules, a renewable generating facility shall be deemed a qualifying facility pursuant to subsection 25-17.080(1), F.A.C., and shall have all the rights, privileges, and responsibilities specified in Rules 25-17.082 through 25-17.091, F.A.C.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.230 The Utility’s Obligation to Purchase and Sell

(1) Each investor-owned utility shall purchase electricity produced and sold by renewable generating facilities at rates that have been agreed upon by the utility and renewable generating facility or at the utility’s published tariff. Each investor-owned utility shall file a tariff or tariffs and a standard offer contract or contracts for the purchase of energy or capacity, or both, from renewable generating facilities that reflects the provisions set forth in these rules.

(2) Each investor-owned utility’s tariff or standard offer contract shall specify the metering requirements for billing purposes in accordance with subsections 25-17.082(2) and (3), F.A.C.

(3) Each investor-owned utility shall interconnect with any renewable generating facility in accordance with Rule 25-17.087, F.A.C.

(4) Each investor-owned utility shall sell energy to renewable generating facilities in accordance with Rule 25-17.084, F.A.C.

(5) Each investor-owned utility shall provide, upon request by a renewable generating facility, transmission service to wheel as-available energy or firm energy and capacity produced by the renewable generating facility from the renewable generating facility to another electric utility in accordance with Rule 25-17.0889, F.A.C.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.240 Negotiated Contracts

(1) Investor-owned utilities and renewable generating facilities are encouraged to negotiate contracts for the purchase of firm capacity and energy to avoid or defer construction of planned utility generating units and provide fuel diversity, fuel price stability, and energy security.

(2) Negotiated contracts will be considered prudent for cost recovery purposes if it is demonstrated by the investor-owned utility that the purchase of firm capacity and energy from the renewable generating facility pursuant to the rates, terms, and other conditions of the contract can reasonably be expected to contribute towards the deferral or avoidance of additional capacity construction or other capacity-related costs by the purchasing utility and provide fuel diversity, fuel price stability, and energy security at a cost to the utility’s ratepayers which does not exceed full avoided costs, giving consideration to the characteristics of the capacity and energy to be delivered by the renewable generating facility under the contract.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.250 Standard Offer Contracts

(1) Standard Offer Contract. In addition to the requirements contained in Rules 25-17.082 through 25-17.091, F.A.C., each investor owned utility shall, by April 1 of each year, file with the Commission a standard offer contract or contracts for the purchase of firm capacity and energy from renewable generating facilities and small qualifying facilities with a design capacity of 100 kW or less. A separate standard offer contract shall be based on the next avoidable fossil fueled generating unit of each technology type identified in the utility’s Ten-Year Site Plan filed pursuant to Rule 25-22.071, F.A.C. Each standard offer contract based on each of the utility’s avoidable units shall be consistent with the requirements of subsections 25-17.0832(4), (5) and (6), F.A.C., except as modified by this rule. Each investor-owned utility with no planned generating unit identified in its Ten-Year Site Plan shall submit a standard offer based on avoiding or deferring a planned purchase.

(2) Continuous Offers.

(a) In order to ensure that each utility continuously offers a purchase contract to producers of renewable energy, each standard offer contract shall remain open until:

1. A request for proposals (RFP) pursuant to Rule 25-22.082, F.A.C., is issued for the utility’s planned generating unit; or

2. The utility files a petition for a need determination or commences construction for generating units not subject to Rule 25-22.082, F.A.C.

3. The generating unit upon which the standard offer contract was based is no longer part of the utility’s generation plan, as evidenced by a petition to that effect filed with the Commission or by the utility’s most recent Ten-Year Site Plan.

(b) Before a standard contract offering is closed, the utility shall file a petition for approval of a new standard offer contract based on the next unit of the same generating technology, if any, in its Ten-Year Site Plan. If no generating unit of the same technology is in the utility’s Ten-Year Site Plan, the utility shall notify the Director of the Division of Engineering prior to closing a standard offer.

(3) Term. At the election of the renewable generating facility, the term of each standard offer contract shall be for a minimum of 10 years from the in-service date of the avoided unit up to a maximum of the life of the avoided unit.

(4) Capacity Payment Options. In addition to the capacity payment options contained in paragraph 25-17.0832(4)(g), F.A.C., and subject to the provisions of paragraphs 25-17.0832(3)(a) through (d), F.A.C., a renewable generating facility may elect a payment stream for the capital component of the utility’s avoided unit, including front-end loaded capacity payments, that best meets the financing requirements of the renewable generating facility. Early capacity payments consisting of the capital component of the avoided unit may, at the election of the renewable generating facility, commence any time after the actual in-service date of the renewable generating facility and before the anticipated in-service date of the utility’s avoided unit. Regardless of the payment stream elected by the renewable generating facility, the cumulative present value of capital cost payments made to the renewable generating facility over the term of the contract shall not exceed the cumulative present value of the capital cost payments which would have been made to the renewable generating facility had such payments been made pursuant to subparagraph 25-17.0832(4)(g)1., F.A.C. Fixed operation and maintenance expense shall be calculated in conformance with subsection 25-17.0832(6), F.A.C.

(5) Content. Unless otherwise modified by these rules, the contents of each standard offer contract shall be in accordance with subsection 25-17.0832(4), F.A.C.

(6) Fixed Energy Payments. In order to facilitate third-party financing of renewable generating facilities and provide fuel price stability to electric ratepayers, upon request by a renewable generating facility, each investor-owned utility shall provide for the following fixed energy payment options:

(a) As-available energy payments. As-available energy payments made prior to the in-service date of the avoided unit shall be based on the utility’s year-by-year projection of system incremental fuel costs, prior to hourly economy energy sales to other utilities, based on normal weather and fuel market conditions plus a fuel market volatility risk premium mutually agreed upon by the utility and the renewable generating facility.

(b) Firm energy payments. Subsequent to the determination of full avoided cost and subject to the provisions of paragraphs 25-17.0832(3)(a) through (d), F.A.C., a portion of the base energy costs associated with the avoided unit, mutually agreed upon by the utility and renewable energy generator, shall be fixed and amortized on a present value basis over the term of the contract starting, at the election of the renewable generating facility, as early as the in-service date of the renewable generating facility. “Base energy costs associated with the avoided unit” means the energy costs of the avoided unit to the extent the unit would have been operated.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.260 Subscription Limits

There shall be no preset subscription limits for the purchase of capacity and energy from renewable generating facilities. To the extent that the purchase of capacity and energy from a renewable generating facility is not needed for reliability or will increase costs to the general body of ratepayers above full avoided cost, the utility shall petition the Commission for relief. In any such proceeding, the Commission shall determine the need for power and the utility’s full avoided cost, including strategic benefits such as fuel diversity and energy security, that are in the best interests of the general body of ratepayers.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.270 Changes in Environmental and Governmental Regulations

All contracts for the purchase of capacity and energy from a renewable generating facility shall include a provision to reopen the contract, at the election of either party, limited to changes affecting the utility’s full avoided costs of the unit on which the contract is based as a result of new environmental and other regulatory requirements enacted during the term of the contract.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.280 Tradable Renewable Energy Credits (TRECs)

Tradable renewable energy credits and tax credits shall remain the exclusive property of the renewable generating facility. A utility shall not reduce its payment of full avoided costs or place any other conditions upon such government incentives in a negotiated or standard offer contract, unless agreed to by the renewable generating facility.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.290 Imputed Debt Equivalent Adjustments

An investor-owned utility shall not impose any imputed debt equivalent adjustments (equity adjustments) to reduce the avoided costs paid to a renewable generating facility unless the utility has demonstrated the need for the adjustment and obtained the prior approval of the Commission.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.300 Reporting

Each electric utility shall report, by April first of each year, the following information, actual and projected:

(1) The total megawatts and percentage of each utility’s total capacity mix comprised of renewable generating capacity.

(2) The total megawatt-hours and percentage of each utility’s net energy for load and fuel mix of energy purchased from renewable generation.

(3) The total megawatts and megawatt-hours of self-service generation by renewable generation.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(5), 366.05(7) FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.310 Dispute Resolution

(1) The purpose of this rule is to establish an expedited process for resolution of disputes between renewable generating facilities and investor-owned utilities.

(2) To be considered for an expedited proceeding, the companies involved in the dispute must have attempted to resolve their dispute either through negotiation or by seeking mediation from an independent third party or Commission staff.

(3) Subject to subsection (2) of this rule, any party negotiating an agreement under this Part may, at any point in the negotiation, petition the Commission to resolve any differences arising in the course of the negotiation. The petition shall contain, at a minimum:

(a) An overview of the issues discussed and resolved by the parties;

(b) The unresolved issues;

(c) The position of each of the parties with respect to each unresolved issue;

(d) All relevant documentation concerning each unresolved issue.

(4) A party petitioning the Commission under subsection (1) shall provide a copy of the petition and any other documentation accompanying the petition to the other party or parties not later than the day on which the petition is filed with the Commission. A non-petitioning party may respond to the petition and provide additional information within 30 days after the petition is filed with the Commission.

(5) The Commission will require the petitioning party and the responding party to provide additional information if it determines the additional information is necessary for the Commission to reach a decision on the unresolved issues. If any party refuses or fails to respond on a timely basis to any request from the Commission, then the Commission shall proceed on the basis of the best information available to it from whatever source derived.

(6) The Commission will resolve each issue set forth in the petition and the response, if any, in an expedited manner, normally within 90 days unless waived by the parties or on the Commission’s own motion. The Commission shall base its decision on whether the provision in dispute will encourage the development of renewable generation in the State and is in the best interests of the purchasing utility’s general body of ratepayers pursuant to the provisions of this part.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.051, 366.076, 366.81, 366.91, 366.92 FS. History–New 3-12-07.

Fla. Admin. Code R. 25-17.0555 The Five-Star Rating System

History

• Rulemaking Authority 366.05(1), 366.82(1), (5) FS. Law Implemented 366.82 FS. History–New 2-22-84, Formerly 25-17.555, Repealed 7-14-96.

Chapter 25-18 UTILITY AND COMMUNICATIONS POLES

Fla. Admin. Code R. 25-18.010 Pole Attachment Complaints

(1) A complaint filed with the Commission by a pole owner or attaching entity pursuant to Section 366.04(8), F.S., must contain:

(a) The name, address, email address, and telephone number of the complainant or complainant’s attorney or qualified representative;

(b) A statement describing the facts that give rise to the complaint;

(c) Names of the party or parties against whom the complaint is filed;

(d) A copy of the pole attachment agreement, if applicable, and identification of the pole attachment rates, charges, terms, conditions, voluntary agreements, or any denial of access relative to pole attachments that is the subject matter of the complaint;

(e) A statement of the disputed issues of material fact or a statement that there are no disputed issues of material fact;

(f) If the complaint requests the establishment of rates, charges, terms, or conditions for pole attachments and the complainant proposes the application of rates, terms, or conditions that are based upon Federal Communications Commission (FCC) rules, decisions, orders, or appellate decisions, the complainant must identify the specific applicable FCC rules, decisions, orders, or appellate decisions that the Commission should apply pursuant to Section 366.04(8)(e), F.S.; provided, however, that if the complainant requests an alternative cost-based rate, the complainant must identify the methodology and explain how the alternative cost-based rate is just and reasonable and in the public interest.

(g) If the complaint involves a dispute regarding rates or billing, a statement of the dollar amount in dispute, the dollar amount not in dispute, whether the amount not in dispute has been paid to the pole owner, and if not paid the reasons why not;

(h) A statement of the relief requested, including whether a Sections 120.569 and 120.57, F.S., evidentiary hearing is being requested to resolve the complaint; and

(i) A certificate of service that copies of the complaint have been furnished by email to the party or parties identified in paragraph (1)(c) of this rule.

(2) The filing date for the complaint is the date that a complaint is filed with the Commission Clerk containing all required information set forth in subsection (1) of this rule.

(3) The pole owner or attaching entity that is the subject of the complaint may file a response to the complaint. The response must be filed with the Commission Clerk within 30 calendar days of the date the complaint was served on the respondent, unless the Prehearing Officer grants a motion for extension of time filed pursuant to Rule 28-106.204, or 28-106.303, F.A.C., as appropriate.

(4) A response filed under subsection (3) of this rule must include the following:

(a) A statement of whether a Sections 120.569 and 120.57, F.S., evidentiary hearing is being requested to resolve the complaint; and

(b) If the complaint requests the establishment of rates, charges, terms, or conditions for pole attachments and the respondent proposes the application of rates, terms, or conditions that are based upon FCC rules, decisions, orders, or appellate decisions, the respondent must identify the specific applicable FCC rules, decisions, orders, or appellate decisions that the Commission should apply pursuant to Section 366.04(8)(e), F.S.; provided, however, that if the respondent requests an alternative cost-based rate, the respondent must identify the methodology and explain how the alternative cost-based rate is just and reasonable and in the public interest.

(5) The Commission will take final action on a complaint concerning rates, charges, terms, conditions, and voluntary agreements relative to pole attachments at a Commission Conference no later than 360 days after the complaint’s filing date as set forth in subsection (2) of this rule.

(6) The Commission will take final action on a complaint limited to denial of access relative to pole attachments at a Commission Conference no later than 180 days after the complaint’s filing date as established under subsection (2) of this rule.

History

• Rulemaking Authority 350.127(2), 366.04(8)(g) FS. Law Implemented 366.04(8) FS. History‒New 6-8-22.

Fla. Admin. Code R. 25-18.020 Pole Safety, Inspection, Maintenance, and Vegetation Management

(1) This rule applies to all communications services providers as defined in Section 366.02(3), F.S., that own poles as defined in Section 366.02(5), F.S. This rule does not apply to poles used solely to support wireless communications service facilities or poles with no public utility electrical overhead facilities attached. For the purposes of this rule, “overhead facilities” are defined as fixtures, conductors, wires, cables, and other devices owned by public utilities that are attached to poles owned by a communications services provider.

(2) Safety, Inspection, and Maintenance Standards. Each communications services provider must exercise due care to reduce hazards to which its employees, customers, and the public may be subjected by reason of its poles. Accordingly, all poles of communications services providers subject to the Commission’s jurisdiction under Section 366.04(9), F.S., must be constructed, installed, maintained, relocated, and inspected in accordance with the National Electrical Safety Code (NESC), which is incorporated by reference in Rule 25-6.0345, F.A.C.

(3) Inspection, Repair, and Replacement of Poles. Each communications services provider must conduct inspections of its poles at least every eight (8) years to ensure adherence to the strength and clearance standards of the NESC. Inspections must include visual checks to determine compliance with the strength and clearance standards of the NESC. Poles not in compliance with NESC standards must be repaired or replaced to meet those standards.

(4) Vegetation Management of Poles. Each communications services provider must ensure that the vegetation management of its poles meets the standards set forth in Part 2 of the NESC.

(5) Emergency Response and Storm Restoration Procedures and Protocols. Within six months of the effective date of this rule, each communications services provider must provide a copy of its emergency response and storm restoration procedures and protocols to the Division of Engineering.

(a) The procedures and protocols must include the following:

1. A description of the communications services provider’s procedures and protocols for communicating with federal, state, and local emergency operations officials;

2. A description of how the public can contact the communication services provider to report issues with its poles, such as broken poles, downed overhead facilities, or obstructive vegetation; and

3. A description of the communication services provider’s procedures to repair and replace damaged poles and overhead facilities, including protocols for coordinating with public utilities, through emergency response and storm restoration efforts.

(b) If the communication services provider makes changes to its emergency response and storm restoration procedures and protocols, the communication services provider must file the updated emergency response and storm restoration procedures and protocols with the Division of Engineering within 30 days of the change.

(c) Every three calendar years after the initial submission, each communication services provider must notify the Division of Engineering in writing that it has reviewed its emergency response and storm restoration procedures and protocols.

(6) Reporting Requirements. By June 1 of each year, each communications services provider must file with the Commission Clerk an Annual Report.

(a) The Annual Report must include the following information for the prior calendar year:

1. The number of poles owned in whole or in part by the communications services provider at the beginning and at the end of the calendar year;

2. The number of poles that were scheduled for inspection;

3. The number of poles actually inspected;

4. The number of poles that failed inspection;

5. The number of poles strength tested and the methods used to ensure compliance with the NESC strength requirements;

6. The number of poles that failed strength testing;

7. The number of poles repaired and a summary of the repairs;

8. The number of poles replaced and reason for replacement; and

9. The total miles of vegetation management conducted.

(b) The Annual Report must include the following information for the upcoming calendar year:

1. The number of poles to be inspected; and

2. The total miles for which vegetation management will be conducted.

(7) Penalties. A willful violation or refusal to comply with this rule will result in monetary penalties as follows:

(a) $500 for the first violation;

(b) $1,000 for the second violation;

(c) $1,500 for the third violation;

(d) $2,000 for the fourth violation; and

(e) $5,000 for the fifth and any subsequent violation.

History

• Rulemaking Authority 350.127(2), 366.04(9)(b) FS. Law Implemented 366.04(9), 366.095 FS. History‒New 5-1-22.

Chapter 25-21 RULES GOVERNING INTERNAL ORGANIZATION AND OPERATION

Fla. Admin. Code R. 25-21.001 Membership

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.01, Amended 11-30-81, Formerly 25-21.01, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.002 Members

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.02, Amended 11-30-81, Formerly 25-21.02, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.003 Chairman

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.03, Amended 11-30-81, Formerly 25-21.03, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.004 Disqualification

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.04, Amended 11-30-81, Formerly 25-21.04, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.005 Quorum

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.05, Amended 11-30-81, Formerly 25-21.05, Amended 2-12-86, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.006 Minutes

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.06, Amended 11-30-81, Formerly 25-21.06, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.007 Orders

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.07, Amended 11-30-81, Formerly 25-21.07, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.020 Organization

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.20, Amended 11-30-81, Formerly 25-21.20, Amended 2-12-86, 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.021 Office of the Executive Director

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 2-19-82, Formerly 25-21.21, Amended 11-30-81, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.022 Office of the Executive Director

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.21, Amended 11-30-81, Formerly 25-21.22, Amended 11-19-86, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.023 Division of Administration

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.23, Amended 11-30-81, Formerly 25-21.23, Amended 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.024 Division of Auditing and Financial Analysis

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 11-30-81, Formerly 25-21.24, Amended 2-12-86, 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.025 Office of the Clerk

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.22, Amended 11-30-81, Formerly 25-21.25, Transferred to 25-21.0301.

Fla. Admin. Code R. 25-21.026 Division of Communications

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 11-30-81 Formerly 25-21.26, Amended 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.027 Division of Consumer Affairs

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.32, Amended 11-30-81, Formerly 25-21.27, Amended 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.028 Division of Electric and Gas

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 11-30-81, Formerly 25-1.28, Amended 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.029 Division of Information Processing

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 11-30-81, Formerly 25-21.29, Amended 11-19-86, Repealed 8-11-92.

Fla. Admin. Code R. 25-21.030 Rail Transportation Department

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 11-30-81, Formerly 25-21.30, Repealed 2-12-86.

Fla. Admin. Code R. 25-21.0301 Division of Records and Reports

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.22, Amended 11-30-81, Formerly 25-21.025, Amended 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.031 Division of Research and Regulatory Review

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.29, Amended 11-30-81, 2-11-86, Formerly 25-21.31, Amended 11-19-86, 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.032 Division of Water and Wastewater

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 11-30-81, Formerly 25-21.32, Amended 11-19-86, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.033 Designation of Agency Clerk

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 8-11-92, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.040 Principal Office

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.38, Amended 11-30-81, Formerly 25-21.40, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.041 Conferences

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.39, Amended 11-30-81, Formerly 25-21.41, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.042 Agenda Conferences

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-Formerly 25-1.40, Amended 11-30-81, Formerly 25-21.42, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.043 Internal Affairs Meetings

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History-New 10-4-93, Repealed 4-28-99.

Fla. Admin. Code R. 25-21.050 Acceptance of Gifts

(1) This rule is adopted to implement Section 112.326, F.S., authorizing agencies to impose more stringent standards of conduct upon their employees than those specified in Chapter 112, Part III, F.S. The provisions of subsection (2) apply in addition to that part.

(2) A Commission employee shall not knowingly accept anything of value for which equal or greater consideration is not given from any entity listed below, its officers or employees. This prohibition shall further apply to any business entity that either directly or indirectly owns, controls, is an affiliate of or is a subsidiary of the listed entities. These include:

(a) An entity regulated by the Commission;

(b) An entity that is currently a party or has been a party in a Commission proceeding during the preceding 12 months; or

(c) A person or entity acting on behalf of a regulated entity or party.

(3) The provisions of subsection (2) shall not apply:

(a) When it is obvious from the circumstances that it is a relationship with a relative, as defined in Section 112.312(21), F.S., or a personal relationship that pre-existed the regulatory relationship and which involves reciprocity, rather than the regulatory relationship, that is the motivating factor for offering a thing of value;

(b) To incidental items with a value of $3.00 or less, determined as provided in Section 112.3148(7), F.S.;

(c) To items that are offered to the public at large or to public or private groups, such as professional, community, religious, social, or sports organizations, of which the employee is a member and where the group is not limited to employees of the Commission. However, a Commission employee shall not accept without payment food or beverages provided at a reception or similar event that is held in conjunction with a conference or meeting when the reception or similar event is sponsored by a regulated entity, association of regulated entities, or a party.

(d) To retirement or other post-employment benefits received as a result of prior employment with a regulated entity or party to a proceeding, which benefits the employee would receive regardless of employment by the Commission.

(e) To the acceptance of assistance in circumstances endangering the employee’s or another person’s life or property.

(f) To employees in secretarial, clerical, maintenance, or similar positions, unless the employee serves in a secretarial position under the direct supervision of a Commissioner.

(g) To the acceptance of transportation in a regulated entity’s vehicle by an employee on a field visit to a site that is remote or difficult to access in a Commission vehicle.

(4) Violation of this rule shall constitute grounds for disciplinary action for conduct unbecoming a public employee.

(5) An employee who is uncertain about accepting anything of value may request a written advisory opinion from the General Counsel and Executive Director.

History

• Rulemaking Authority 112.326 FS. Law Implemented 112.326 FS. History–New 5-23-95.

Chapter 25-22 RULES GOVERNING PRACTICE AND PROCEDURE

Fla. Admin. Code R. 25-22.001 Notice of Meeting or Workshop

(1) A public meeting, for the purposes of notice in Rule 28-102.001, F.A.C., is limited to a gathering of Commissioners for the purpose of conducting public business. The term meeting includes Agenda Conference.

(2) A workshop, for the purposes of notice in Rule 28-102.001, F.A.C., is a gathering where Commissioners may be present or Commission staff or person(s) designated by the commission are meeting with interested persons for a specific purpose as designated in the notice. The term workshop includes gatherings for the specific purpose of rule drafting at which time no official votes are taken or policy adopted.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.525 FS. History–New 12-21-81, Formerly 25-22.01, Amended 5-3-99.

Fla. Admin. Code R. 25-22.002 Agenda of Meetings

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.525 FS. History–New 12-21-81, Formerly 25-22.02, Amended 4-18-94, 5-3-99, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.0021 Agenda Conference Participation

(1) Participation at agenda conferences may be informal or by oral argument. The Commission determines when and whether participation is allowed in accordance with this rule. The notice for each agenda conference contains a list of items to be discussed, and identifies the type of participation allowed. The notice is available in hard copy or on the Commission’s internet site, www.psc.state.fl.us/agendas, at least seven days before the agenda conference.

(2) Any person who may be affected by an item set for agenda conference will be allowed to address the Commission informally concerning that item when it is taken up for discussion, except as provided in subsections (3)-(8), below. To participate informally, affected persons need only appear at the agenda conference and request the opportunity to address the Commission on an item listed on the agenda.

(3) Informal participation is not permitted on dispositive motions and motions for reconsideration. Participation on such items is governed by Rule 25-22.0022, F.A.C.

(4) Informal participation is not permitted when a recommended order is taken up by the Commission. For purposes of this rule and Rule 25-22.0022, F.A.C., a recommended order is one prepared by an administrative law judge at the Division of Administrative Hearings, or by a Commissioner appointed by the Chair to conduct a hearing pursuant to Section 350.01(7), F.S. Participation on such items is governed by Rule 25-22.0022, F.A.C.

(5) Informal participation is not permitted in a rulemaking proceeding after the record has been closed.

(6) Informal participation, except by non-testifying staff, is not permitted when the Commission considers a post-hearing recommendation on the merits of a case after the close of the record.

(7) In certain types of cases in which the Commission issues an order based on a given set of facts without hearing, such as declaratory statements and interim rate orders, the Commission allows informal participation at its discretion.

(8) The Commission reserves the discretion to limit or restrict informal participation as needed to ensure the orderly disposition of matters before it. In limiting or restricting informal participation the Commission will consider such things as the number of persons who wish to address the Commission on an item, the number of items to be taken up at the agenda conference, the procedural status of the docket to which the item pertains, and the complexity of the issues addressed in an item.

(9) Nothing in this rule shall preclude the Commission from making decisions during the course of or at the conclusion of a hearing.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.525, 120.57(1), (2)(a), 120.569(1) FS. History–New 3-23-93, Amended 1-1-07.

Fla. Admin. Code R. 25-22.0022 Oral Argument Rule

(1) Oral argument must be sought by separate written request filed concurrently with the motion on which argument is requested, or no later than 10 days after exceptions to a recommended order are filed. Failure to timely file a request for oral argument shall constitute waiver thereof. Failure to timely file a response to the request for oral argument waives the opportunity to object to oral argument. The request for oral argument shall state with particularity why oral argument would aid the Commissioners, the Prehearing Officer, or the Commissioner appointed by the Chair to conduct a hearing in understanding and evaluating the issues to be decided, and the amount of time requested for oral argument.

(2) The Commission may request oral argument on matters over which it presides. The Prehearing Officer may request oral argument on matters over which he or she presides. The parties will be notified directly when oral argument is scheduled.

(3) Granting or denying a request for oral argument is within the sole discretion of the Commission or the Prehearing Officer whichever presides over the matter to be argued.

(4) The staff attorney assigned to the docket may participate in any oral argument on that docket.

(5) Oral argument will not be entertained on a post-hearing recommendation on the merits of the case. However, when the Commission votes on a recommended order requests for oral argument will be entertained.

(6) Oral argument will not be entertained on a request for oral argument.

(7) Oral argument at an agenda conference.

(a) Oral argument at an agenda conference will only be entertained for recommended orders and dispositive motions, such as motions to dismiss, motions for summary final order, and motions for reconsideration of non-final or final orders. Only parties to the docket and the staff attorney may participate in the oral argument.

(b) The Commission can request oral argument on any issue to be decided by a dispositive motion or recommended order. The listing of the dispositive motion or recommended order on the notice of the agenda conference shall serve as notice to the parties to be prepared for oral argument on all issues associated with the dispositive motion or recommended order on the agenda, even if a request for oral argument has not been made by a party, or if a request made by a party pertains to a limited number of issues. Notice of the agenda conference can be found at www.psc.state.fl.us/agendas, as explained in subsection 25-22.0021(1), F.A.C.

(c) If a request for oral argument filed by a party is scheduled to be taken up at an agenda conference, and the request is granted at that time, the oral argument will occur at that agenda conference. At the agenda conference where the request is taken up, parties should be prepared to proceed with oral argument on all issues pertaining to the dispositive motion or recommended order, whether raised in the request for oral argument or not. Notice that such a request will be taken up is provided at www.psc.state.fl.us/agendas, as explained in subsection 25-22.0021(1), F.A.C.

(d) This rule does not restrict the scheduling of oral arguments to agenda conferences. Oral arguments can be scheduled at any time, in which case the parties will be directly notified of the time and place.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.569(1), 120.57(1), (2)(a) FS. History–New 1-1-07.

Fla. Admin. Code R. 25-22.003 Emergency Meeting

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.03, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.004 Commission Forms

History

• Rulemaking Authority 120.53(1)(b) FS. Law Implemented 120.53(1)(b) FS. History–New 6-7-84, Formerly 25 22.04, Amended 4-16-90, 8-21-90, 8-23-90, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.005 Noticing Address Files

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 8-21-84, Formerly 25-22.05, Amended 7-11-96, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.006 Confidential Information

(1) Definitions.

(a) “Confidential information” means material that has been determined, pursuant to this rule, to be proprietary confidential business information under Section 350.121, 364.183, 366.093 or 367.156, F.S.

(b) “Formal proceeding” means a proceeding docketed in the Commission’s Office of Commission Clerk.

(c) “Inquiry” means an investigation pursuant to Section 350.121, F.S. An inquiry is set in motion by the Commission Chairman, the Executive Director, or the General Counsel to evaluate a complaint, allegation, or develop information as a basis to initiate action on or dispose of any matter within the Commission’s jurisdiction.

(d) “Material” means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, or other recorded information regardless of physical form or characteristics.

(e) “Obtaining material” means receiving material pursuant to filing or taking physical control of material by removing the original material or a copy of it from the utility’s or other person’s premises. Obtaining material also means the extraction of data from material for inclusion in working papers or memoranda.

(2) Material obtained during an inquiry.

(a) All material obtained incident to an inquiry by the Commission, its staff, or any consultant employed by the Commission is exempt from the public access requirements of Section 119.07(1), F.S., and will be accorded stringent procedural safeguards against public disclosure during the pendency of the inquiry. When the Commission or its staff is requesting information incident to an inquiry, the source shall be informed in writing that the request is made incident to an inquiry.

(b) An inquiry will terminate 40 days after the transmittal of a notice of termination by the Office of Commission Clerk. This notice will be sent to all sources from whom material was obtained during the inquiry and will include a list of all materials obtained from the source during the inquiry and any portions of staff work papers, analyses, and reports containing materials obtained from the source during the inquiry. The notice will indicate whether the Commission intends to retain, destroy, or return the materials listed. A source may, within 30 days after issuance of the notice, file with the Office of Commission Clerk a written request that the material the Commission intends to retain be classified as confidential and exempt from Section 119.07(1), F.S. Requests filed in response to the notice of termination shall meet the same criteria and be processed in the same manner as other requests for confidential classification under subsection (4) of this rule. If no timely request for confidential classification is filed, confidentiality is waived and the material becomes subject to inspection and examination pursuant to Section 119.01, F.S.

(3) Material obtained outside of an inquiry. Material obtained by the Commission or its staff outside of an inquiry shall be subject to inspection and examination pursuant to Section 119.07(1), F.S., unless the utility or other person requests that it be classified as confidential information.

(a)1. If the utility or other person believes information requested by staff is confidential, the utility or other person may require that the staff request be in writing. Prior to the staff obtaining any material, a utility or other person may receive temporary exemption from Section 119.07(1), F.S., by filing a notice of intent to request confidential classification. The notice of intent to request confidential classification shall be filed with the Office of Commission Clerk and shall have appended thereto a copy of any written request for the material to which it relates. A copy of the notice shall be provided to the division requesting the material. To maintain continued confidential handling of the material the utility or other person must, within 21 days after the staff has obtained the material, file a request for confidential classification with the Office of Commission Clerk. Absent good cause shown, failure to file such a request within 21 days shall constitute a waiver of confidentiality.

2. In the case of material obtained by the Commission’s auditors, the utility shall indicate on the document request Form PSC/APA 6 (2/95) whether the information is believed by the utility to be confidential. To maintain continued confidential handling of the material, the utility must, within 21 days after the audit exit conference or, if waived, the date the audit exit conference would have taken place, file a request for confidential classification with the Office of Commission Clerk. Absent good cause shown, failure to file such a request within 21 days shall constitute a waiver of confidentiality.

(b) When the material is obtained incident to a formal proceeding, the utility or other person requesting confidential classification shall also serve a copy or summary of its request on all parties of record and on Public Counsel. The summary shall describe the material in sufficient detail so as to reasonably inform the reader of the nature of the material. Any party to a formal proceeding may file an objection to the request for confidential classification within 14 days after service of the copy or summary.

(c) Requests for confidential classification, including motions for protective orders under paragraph (6)(a), and any objections filed in response thereto shall be ruled on expeditiously by the prehearing officer assigned to the docket. The Commission panel assigned to the case will hear any motion for reconsideration filed regarding the prehearing officer’s ruling. If a request is received outside a docketed proceeding, the request itself will be docketed.

(d) All material that has been classified as confidential, for which a ruling on confidentiality is pending, is subject to a notice of intent to request confidential classification, or is subject to a claim of confidentiality as provided for in Section 364.183(1), F.S., shall be exempt from Section 119.07(1), F.S., and will be accorded stringent internal procedural safeguards against public disclosure. Any staff or consultant reports or work products containing confidential information extracted from material having been classified as confidential, or which has been claimed to be confidential or for which a ruling on confidentiality is pending, shall be handled in the same manner as the material so classified. The Commission shall have discretion to retain any confidential material in its possession. Upon the consent of the Department of State, the Commission may return or, after consulting with the source, destroy any material that is no longer needed.

(4) Requests for confidential classification.

(a) A request for confidential classification of material shall be filed in writing with the Office of Commission Clerk. All such requests, including motions for protective orders based on confidentiality, shall be styled to clearly indicate on their face that confidentiality is being requested. The utility or other person shall file with the request one copy of the material for which confidential treatment is requested. On this copy, the specific information asserted to be confidential shall be highlighted. Along with the highlighted copy, the utility or other person shall file two or more edited copies as required by the type of proceeding, which will be made available for public inspection. In the edited copies, the specific information asserted to be confidential shall be blocked out by the use of an opaque marker or other masking device. The utility or other person shall identify the page and line at which the confidential material is found and shall correlate the page and line identified with the specific justification proffered in support of the classification of such material.

(b) In the case of electronically stored material, one unedited version shall be submitted along with a written identification of the specific data fields for which confidential classification is requested along with a field-by-field justification for the confidential classification.

(c) In the line-by-line or field-by-field justification for confidential classification, the utility or other person must demonstrate how the information asserted to be confidential qualifies as one of the statutory examples listed in Section 364.183(3), 366.093(3) or 367.156(3), F.S. If no statutory example is applicable, then the utility or other person shall include a statement explaining how the ratepayers or the person’s or utility’s business operations will be harmed by disclosure.

(d) The request shall include an affirmative statement that the material for which confidential classification is sought is intended to be and is treated by the utility or other person as private and has not been disclosed.

(e) The burden of proof shall be on the utility or other person to show that the material in question contains bona fide proprietary confidential business information. A request for confidential classification that fails to identify the material for which confidential classification is sought in sufficient detail to permit a reasoned analysis or which fails to provide the required justification for classification may be denied as insufficient on its face.

(f) The Office of Commission Clerk shall make available for public inspection a listing of daily filings with the Commission requesting confidentiality.

(g) The Commission shall have the discretion to modify the requirements of this subsection in order to alleviate the financial burden of entities qualifying as small businesses under Section 288.703(6), F.S.

(h) A utility may petition the Commission for a waiver of the justification for particular sections of certain routinized for filings. The Commission may require conditions to be met by the utility that may include, but not be limited to:

1. Filings which are routine, filed periodically, and which have been filed for a minimum of six months,

2. Information which has regularly been classified as confidential in the past; and,

3. While the utility must identify material to be classified by line-by-line reference, the utility may cite to a previous order for justification. If the waiver is approved, the Commission will issue an order referencing the appropriate previous order stating the relevant justification. No party will be denied the opportunity to object to a request for confidentiality made pursuant to this subparagraph.

(5) Claim of confidential treatment pursuant to Section 364.183(1), F.S.

(a) Telecommunications companies or other persons claiming confidential treatment for materials pursuant to Section 364.183(1), F.S., shall file with the Office of Commission Clerk one copy of all such materials and include a cover letter stating that confidentiality is being claimed. The telecommunications company or other person also shall file one copy of the material on which the specific information claimed as confidential shall be highlighted. Along with the highlighted copy, the telecommunications company or other person shall file two edited copies which will be made available for public inspection. In the edited copies, the specific information claimed to be confidential shall be blocked out by the use of an opaque marker or other masking device.

(b) In the case of electronically stored material, one unedited version shall be submitted along with a written identification of the specific data fields for which confidentiality is claimed, along with a field-by-field justification for the confidential classification.

(c)1. The materials claimed to be confidential shall be kept confidential until returned to the provider pursuant to paragraph (6)(d) of this rule, unless the materials will be used in a Commission proceeding or are the subject of a request pursuant to Section 119.07(1), F.S.

2. Any person may file a petition to inspect and examine any material which has been claimed confidential pursuant to Section 364.183(1), F.S. A copy of the petition must be served on the affected telecommunications company or person which shall have 10 days to file a response as to why the material should remain exempt. The petitioner shall have 7 days to file a reply to the filed response. The Commission may set the matter for hearing or issue a ruling on the pleadings.

(6) Discovery.

(a) In any formal proceeding before the Commission, any utility or other person may request a protective order protecting proprietary confidential business information from discovery. Upon a showing by a utility or other person and a finding by the Commission that the material is entitled to protection, the Commission shall enter a protective order limiting discovery in the manner provided for in Rule 1.280, Florida Rules of Civil Procedure. The protective order shall specify how the confidential information is to be handled during the course of the proceeding and prescribe measures for protecting the information from disclosure outside the proceeding.

(b) The Commission’s protective orders shall exempt proprietary confidential business information from Section 119.07(1), F.S. While a request for a protective order is pending, the information asserted to be confidential shall also be exempt from Section 119.07(1), F.S. Such exemption shall apply whether the information is in the possession of an entity, individual, or state agency, including the Office of Public Counsel.

(c) When a utility or other person agrees to allow Public Counsel to inspect or take possession of utility information for the purpose of determining what information is to be used in a proceeding before the Commission, the utility may request a temporary protective order exempting the information from Section 119.07(1), F.S. If the information is to be used in a proceeding before the Commission, then the utility must file a specific request for a protective order under paragraph (a), above. If the information is not to be used in a proceeding before the Commission, then Public Counsel shall return the information to the utility in accordance with the record retention requirements of the Department of State.

(d) Confidential information which has not been entered into the official record of the proceeding shall be returned to the utility or person who provided the information no later than 60 days after the final order, unless the final order is appealed. If the final order is appealed, the confidential information which has not been made a part of the record shall be returned no later than 30 days after the decision on appeal.

(7)(a) Any person may file a petition to inspect and examine any material which the Commission has ruled exempt from Section 119.07(1), F.S., or which is exempted under paragraph (3)(d), pending the Commission’s ruling or as the result of the filing of a notice of intent to request confidentiality. A copy of the petition must be served on the affected utility or person which shall have 10 days to file a response as to why the material should remain exempt. The petitioner shall have 7 days to file a reply to the filed response. The Commission may set the matter for hearing or issue a ruling on the pleadings. Material obtained by the Commission in connection with an inquiry shall not be subject to requests for inspection and examination until after the inquiry is terminated.

(b) A finding of confidentiality notwithstanding, a source may consent to inspection or examination by any person. Such consent shall not constitute a waiver of confidentiality and only the person specified in the consent may inspect or examine the material. The Commission may be requested to issue a protective order to recognize the terms and conditions of the consent. All persons are urged to seek mutual agreement regarding access prior to bringing a controversy to the Commission.

(8) Use of confidential information during formal proceedings.

(a) The Commission may rely upon confidential information during a formal proceeding and such information, if otherwise admissible, will be received in evidence. In such event, reasonable precautions will be taken to segregate confidential information in the record and otherwise protect its integrity.

(b) When information subject to a claim of confidentiality pursuant to Section 364.183(1), F.S., or a request is admitted into the evidentiary record of a hearing, if such information is not otherwise subject to a request for confidentiality filed with the Commission, the parties to the case and the Commission shall treat the information as confidential pending a ruling on the confidentiality of the information. To maintain continued confidentiality, the party to whom the information belongs shall file a request for confidential classification within 21 days of the conclusion of the hearing.

(c) When information subject to a claim of confidentiality pursuant to Section 364.183(1), F.S., or a request is contained in a party’s brief or other post hearing filing filed with the Commission, the party filing such information shall notify the owner of the information at least three working days prior to the date that the filing will be made. To maintain continued confidential treatment, the party to whom the information belongs shall file, on the same date the brief or other post-hearing filing is filed, either a notice of intent to request confidentiality treatment pursuant to paragraph (b) of this subsection, a request for confidential treatment, or a statement that the information is already subject to a request for confidentiality that has been filed with the Commission and the date that the request was filed.

(9) Duration of Confidential Classification.

(a) Orders of the Commission granting confidential classification shall limit the duration of such classification to a period not exceeding 18 months. The Commission may approve a longer period if it finds, for good cause, that such longer period is necessary to protect the ratepayers or the business operations of the utility or affected person.

(b) When confidential information is no longer needed for the Commission to conduct its business, the Commission shall order all persons holding such information to return it to the utility or person providing the information.

(c) Confidential information not returned at the conclusion of the period established under paragraph (a), of this subsection, shall no longer be exempt from Section 119.07(1), F.S., unless the utility or affected person shows, and the Commission finds, that the information continues to be confidential. Upon such finding, the duration of confidential classification may be extended for a period of up to 18 months, or for a longer period if the Commission finds, for good cause, that such longer period is necessary to protect the business operations of the utility or affected person. While the Commission is considering an extension under this paragraph, the information in question shall remain exempt from Section 119.07(1), F.S.

(10) Judicial Review. When the Commission denies a request for confidential classification, the material will be kept confidential until the time for filing an appeal has expired. The utility or other person may request continued confidential treatment until judicial review is complete. The request shall be in writing and filed with the Office of Commission Clerk. The material will thereafter receive confidential treatment through completion of judicial review.

History

• Rulemaking Authority 350.127, 364.183(4), 366.093(4), 367.156(4), 368.108(4) FS. Law Implemented 350.121, 364.183, 366.093, 367.156, 368.108 FS. History–New 7-1-85, Formerly 25-22.06, Amended 4-26-90, 4-21-96.

Fla. Admin. Code R. 25-22.008 Practitioners

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 9-24-81, Formerly 25-22.08, Amended 3-21-94, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.009 Size of Paper Filed with Commission

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 2-11-90, Repealed 7-11-96.

Fla. Admin. Code R. 25-22.010 Commencement of Rulemaking Proceedings

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.10, Repealed 7-11-96.

Fla. Admin. Code R. 25-22.011 Notice of Rulemaking; Proceeding and the Proposed Rules

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.11, Repealed 7-11-96.

Fla. Admin. Code R. 25-22.012 Petitions to Initiate Rulemaking Proceedings

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.12, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.013 Commission Action on Petitions to Initiate Rulemaking Proceedings

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.13, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.014 Rulemaking Materials

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.14, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.015 Rulemaking Proceeding – No Hearing

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.15, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.016 Rulemaking Proceeding – Hearing

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Amended 10-23-83, Formerly 25-22.16, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.017 Rulemaking Proceeding – Adoption

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.525, 120.54(3) FS. History–New 12-21-81, Amended 10-25-83, Formerly 25-22.17, Amended 5-3-99, Repealed 11-23-17.

Fla. Admin. Code R. 25-22.018 Emergency Rule Adoption

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.18, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.020 General

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.20, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.021 Purpose and Use of Declaratory Statement

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.21, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.022 Disposition

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-20-81, Formerly 25-22.22, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.025 Scope and Title of Rules

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.25, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.026 Parties

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.26, Amended 8-25-91, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.028 Filing, Number of Copies

History

• Rulemaking Authority 350.01(7), 350.127(2) FS. Law Implemented 120.569, 120.57 FS. History–New 10-20-75, Amended 4-22-80, Formerly 25-2.58, 25-22.28, Amended 2-11-92, 5-3-99, Repealed 9-28-15.

Fla. Admin. Code R. 25-22.029 Point of Entry Into Proposed Agency Action Proceedings

(1) After agenda conference, the Office of Commission Clerk shall issue written notice of the proposed agency action (PAA), advising all parties of record that, except for PAA orders establishing a price index pursuant to Section 367.081(4)(a), F.S., they have 21 days after issuance of the notice in which to file a request for a Section 120.569 or 120.57, F.S., hearing. For PAA orders establishing a price index pursuant to Section 367.081(4)(a), F.S., the time for requesting a Section 120.569 or 120.57, F.S., hearing shall be 14 days from issuance of the notice. The Commission will require a utility to serve written notice of the PAA on its customers if the Commission finds that it is necessary in order to afford adequate notice.

(2) The Commission will require a utility to publish notice of the decision in newspapers of general circulation in its service area if the Commission finds that it is necessary in order to afford adequate notice.

(3) One whose substantial interests may or will be affected by the Commission’s proposed action may file a petition for a Section 120.569 or 120.57, F.S., hearing, in the form provided by Rule 28-106.201, F.A.C. Any such petition shall be filed within the time stated in the notice issued pursuant to subsection (1) of this rule, and shall identify the particular issues in the proposed action that are in dispute. Within 10 days of service of the initial petition, any other person substantially affected by the proposed agency action or Commission staff may file a cross-petition identifying additional particular issues on which a hearing is requested. Issues in the proposed action that are not identified in the petition or a cross-petition shall be deemed stipulated.

(4) The Commission will not entertain a motion for reconsideration of a notice of proposed agency action.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.569, 120.57, 120.80(13)(b), 364.05, 366.06, 367.081, 367.081(4)(a) FS. History–New 12-21-81, Formerly 25-22.29, Amended 7-8-92, 5-3-99, 1-1-07.

Fla. Admin. Code R. 25-22.030 Injunctions

(1) The Commission may seek relief in circuit court in the form of temporary or permanent injunctions, restraining orders or other appropriate orders where:

(a) The Commission finds that any entity within its jurisdiction has violated or is in violation of a Commission Order or rule; and,

(b) The Commission finds that said violation impairs the operations or service of any entity over which it has jurisdiction.

(2) In any instance where there is an immediate threat to the public health, safety or welfare, no notice shall be required prior to the Commission’s decision to seek the relief described in subsection (1).

(3) Seeking relief in circuit court is not conditioned on conducting a hearing pursuant to Chapter 120, F.S.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.015, 366.05(10), 367.121(1)(i), (j) FS. History–New 3-21-94.

Fla. Admin. Code R. 25-22.032 Customer Complaints

(1) Intent; Application and Scope. It is the Commission’s intent that disputes between regulated companies and their customers be resolved as quickly, effectively, and inexpensively as possible. This rule establishes informal customer complaint procedures that are designed to address disputes, subject to the Commission’s jurisdiction, that occur between regulated companies and individual customers. It provides for expedited processes for customer complaints that can be resolved quickly by the customer and the company. It also provides a process for informal Commission staff resolution of complaints that cannot be resolved by the company and the customer.

(2) Processing of Complaints.

(a) Any customer of a Commission regulated company may file a complaint with the Office of Consumer Assistance and Outreach whenever the customer has an unresolved dispute with the company regarding electric, gas, telephone, water, or wastewater service that is subject to the Commission’s jurisdiction. The complaint may be communicated orally or in writing. The complaint shall include the name of the company against which the complaint is made, the name of the customer of record, and the customer’s service address. Upon receipt of a complaint by telephone, Commission staff will determine if the customer has contacted the company.

(b) In the case of complaints made by telephone, if the customer agrees, Commission staff will put the customer in contact with the company for resolution of the complaint using the telephone transfer-connect system described in subsection (4), or by other appropriate means if the company does not subscribe to the telephone transfer-connect system. If the customer does not agree to be put in contact with the company, then, in the case of companies subscribing to the telephone transfer-connect system, staff will submit the complaint to the company for resolution in accordance with the provisions set forth in subsection (5).

(c) For those companies not subscribing to the telephone transfer-connect or to the email transfer system described in subsection (4), staff will submit the complaint to the company for resolution in accordance with the provisions of subsection (6).

(3) Protection from Disconnection. During the complaint process described in subsections (5)-(9), a company shall not discontinue service to a customer because of any unpaid disputed amount until the complaint is closed by Commission staff. However, the company may require the customer to pay that part of a bill which is not in dispute. If the company and the customer cannot agree on the amount in dispute, Commission staff will make a reasonable estimate to establish an interim disputed amount until the complaint is closed by Commission staff. If the customer fails to pay the undisputed portion of the bill, the company may discontinue the customer’s service pursuant to Commission rules.

(4) Telephone Transfer-connect and email Transfer Systems.

(a) Each company subject to regulation by the Commission may provide a telephone transfer-connect telephone number by which the Commission may directly transfer a customer to that company’s customer service personnel. When the telephone transfer is complete, any further charges for the call shall be the responsibility of the company and not the Commission or the customer. Each company that subscribes to the telephone transfer-connect system must provide customer service personnel to handle transferred calls during the company’s normal business hours and at a minimum from Monday through Friday, 9:00 a.m. to 4:00 p.m. (Eastern Time), excluding all holidays observed by the company. Telephone transfer-connect calls shall not be initially answered by a recorded voice but shall be answered by a person ready to receive information about the complaint.

(b) A company may also provide to the Commission an email address by which the customer may directly email a complaint to the company’s customer service personnel from the Commission’s Internet website. The company shall acknowledge the customer’s email to the customer by no later than the working day after the date of receipt.

(5) Complaints resolved within three (3) days by companies participating in the Telephone Transfer-Connect System or the email Transfer System. Companies that subscribe to the telephone transfer-connect or email transfer system may resolve a customer complaint within three (3) days in the following manner:

(a) The Commission staff handling the complaint will forward a description of the complaint to the company for response and resolution. The three (3) day period will begin the working day after the day the information is sent to the company and end at 5:00 p.m. (Eastern Time), on the third working day, excluding weekends and company holidays. If the company satisfactorily resolves the complaint, the company shall notify Commission staff of the resolution in writing by no later than 5:00 p.m. (Eastern Time), on the third day.

(b) If the customer does not object to the company’s resolution to the complaint, the complaint will not be reported in the total number of complaints shown for that company in the Commission’s Consumer Activity Report. However, the Commission will retain the information for use in enforcement proceedings, or for any other purpose necessary to perform its regulatory obligations.

(c) If the customer informs Commission staff that the complaint has not been resolved, the Commission staff will notify the company and require a full report as prescribed in subsection (6).

(d) For purposes of this subsection a complaint will be considered “resolved” if the company report indicates that the problem has been corrected or the company report indicates that the company and the customer have agreed to a plan to correct the problem.

(6) General Commission Staff Complaint Investigation. If the customer is not placed in direct contact with the company by means of the telephone transfer-connect or email transfer system for resolution of his complaint, Commission staff will investigate the complaint and attempt to resolve the dispute in the following manner:

(a) Commission staff will acknowledge receipt of the complaint to the customer, notify the company of the complaint and request a written response from the company. Notification to the company by Commission staff will be to the primary Commission liaison for each certificate unless the company has provided to the Office of Consumer Assistance and Outreach a name, address, telephone and facsimile numbers and email address for a separate point of contact for complaint handling for each certificate. It is preferable for a company to have a single point of contact for complaint handling but a company may identify up to a maximum of three points of contact for complaint handling per certificate. However, if Commission staff directs a complaint to any one of the identified multiple complaint handling contacts, the company shall process the complaint and not return the complaint to Commission staff for redirecting the complaint to other company points of contact.

(b) If the customer specifically makes a request to the Commission that he or she not be contacted by the company, Commission staff will request that the company not contact the customer directly. Otherwise, the company shall make direct contact with the customer verbally or in writing and provide to the customer its response to the complaint within 15 working days after the Commission staff sends the complaint to the company. Responses sent by mail must be postmarked within the 15 working day time period. The company shall also provide to the Commission staff, within 15 working days after the Commission staff sends the complaint to the company, a written response to the customer’s complaint. However, in the case of those complaints where the company has proposed, under the provisions of subsection (5) of this rule (complaints resolved in 3 days), a resolution with which the customer is not satisfied, the company shall respond within twelve (12) working days of the case being resent to the company.

(c) The company’s response to the Commission staff shall explain the likely cause of the problem, all actions taken by the company to resolve the customer’s complaint, and the company’s resolution or proposed resolution of the complaint and shall answer any specific questions raised by Commission staff. The company response shall also include letters or emails sent to the customer that contain the company’s proposed resolution of the complaint or statement of position in addressing or resolving the complaint. Upon Commission staff request, other documentation related to the complaint shall be provided to Commission staff. If the company’s proposed resolution has not yet been implemented at the time of the response to the Commission staff and customer, the company shall fully set forth in its response the steps that will be taken by the company to resolve the complaint and the dates by which each step will be taken by the company. The company shall promptly notify the customer if it is subsequently unable to take its proposed action as scheduled and shall provide to the customer and, upon request, to Commission staff, a new resolution schedule for the complaint.

(d) Commission staff will not normally further respond to the customer. However, if a customer objects to the company response to the complaint, the customer may request further review of the complaint by Commission staff. Commission staff will then propose a resolution of the complaint. The proposed resolution to the customer may be either oral or written. Upon request of either the customer or the company, Commission staff shall provide the proposed resolution in writing.

(e) Commission staff may request copies of bills, billing statements, field reports, written documents, or other information in the participants’ possession that may be necessary to resolve the dispute. The company shall respond in 7 working days to each subsequent request by staff after the initial company response. If a complete response cannot be provided in the 7 working days, the company shall provide an update regarding the response every 15 working days until the response is completed. Such update shall identify all actions taken since the last report, an explanation of why a complete response cannot be provided, and a time schedule for providing a complete response. Commission staff may perform, or request the company to perform, any tests, on-site inspections, and reviews of company records necessary to aid in the resolution of the dispute.

(7) Process Review Team.

(a) If the customer or the company is not in agreement with Commission staff’s proposed resolution, the Office of Consumer Assistance and Outreach will refer the complaint to a Process Review Team consisting of staff from the Office of the General Counsel, the Office of Consumer Assistance and Outreach, and the appropriate technical division. This Process Review Team will review the complaint file to determine further handling of the complaint.

(b) If the Process Review Team finds that the subject matter of the complaint may be within the Commission’s jurisdiction, that the relief sought can possibly be granted by the Commission, that the basis of the complaint is not an objection to current statutes, rules, company tariffs, or orders of the Commission, and that a violation of an applicable statute, rule, company tariff or order of the Commission may have occurred, the Office of Consumer Assistance and Outreach shall schedule an informal conference. The fact that an informal conference is scheduled shall not preclude any participant or Commission staff from later taking a position that the complaint does not fall into one or more of the above categories.

(c) The Process Review Team will recommend that the Office of the General Counsel send a closure letter to the participants if the team finds that:

1. The case involves issues or concerns that fall outside the jurisdiction of the Commission,

2. The relief sought cannot be provided by the Commission,

3. The basis of the complaint is an objection to current statutes, rules, company tariffs, or orders of the Commission, or

4. It does not appear that a violation of applicable statutes, rules, company tariffs, or orders of the Commission occurred.

(d) Once the closure letter has been sent, the case will be closed.

(8) Informal Conference.

(a) If the Process Review Team identifies a complaint for an informal conference, Office of Consumer Assistance and Outreach staff will notify the company and provide to the customer a Dispute Resolution Form PSC/CAO 010 (01/04), incorporated herein by reference, via certified mail. The customer shall return the completed Dispute Resolution Form PSC/CAO 010 to the Office of Consumer Assistance and Outreach postmarked within 15 working days after the date of its being sent to the customer. If the completed Dispute Resolution Form PSC/CAO 010 is not received from the customer with a postmark within the required 15 working days, the customer’s complaint will be closed at that point. If the Dispute Resolution Form is completed and returned by the customer, Commission staff will provide a copy to the company.

(b) A customer’s completed Dispute Resolution Form PSC/CAO 010 shall consist of:

1. A statement describing the facts that give rise to the complaint and, to the extent known, an explanation of why the basis of the complaint may be a violation of the applicable statutes, rules, company tariffs, or orders of the Commission. The statements filed by the customer should not raise any new issues not addressed in the initial complaint.

2. A statement of the issues to be resolved.

3. Any dollar amount in dispute.

4. A statement of the relief requested.

(c) Any participant may file additional information, documentation, or arguments; however, such additional information, documentation or arguments shall be limited to the issues from the customer’s original complaint which are identified in the customer’s Dispute Resolution Form PSC/CAO 010.

(d) When an informal conference is scheduled, the presiding staff member appointed to conduct the conference shall not have participated in the proposed resolution of the complaint. The appointed staff shall be comprised of a representative of the Office of Consumer Assistance and Outreach staff, an attorney from the Office of the General Counsel, and a staff member from appropriate technical staff. The representative from the Office of Consumer Assistance and Outreach will preside at the informal conference.

(e) After receiving the Dispute Resolution Form from the customer, Commission staff will send a written notice to the participants setting forth the unresolved issues, the procedures to be followed at the informal conference, and the dates by which written materials are to be filed. A company may at this time respond to information contained on the customer’s Dispute Resolution Form. Each participant may be represented at the informal conference by an attorney or other representative or may represent himself. Each participant shall be responsible for his own expenses in the handling of the complaint. The conference may be held no sooner than ten days following a notice, unless all participants agree to an earlier date.

(f) At the conference, the participants shall have the opportunity to present information, orally or in writing, in support of their positions. During the conference, staff may encourage the parties to resolve the dispute. The Commission staff will be responsible for tape-recording, but not transcribing, the informal conference. A participant may arrange for transcription at his own expense.

(g) If a settlement is not reached within 20 working days following the informal conference and if the complaint is not withdrawn, staff shall submit a recommendation to the Commission for consideration at the next available Commission Conference. Copies of the recommendation shall be sent to the participants by the Office of the General Counsel.

(h) The Commission will address the matter by issuing a notice of proposed agency action or by setting the matter for hearing pursuant to Section 120.57, F.S. If the Commission sets the matter for hearing, the participants may be represented by an attorney or a qualified representative as prescribed in Rule 28-106.106, F.A.C., or may represent themselves. Each participant shall be responsible for his own expenses in the handling of the complaint.

(9) Settlement. At any time the participants may agree to settle their dispute. If a settlement is reached, the participants or their representatives shall file with the Office of Consumer Assistance and Outreach a written statement to that effect. The statement shall indicate that the settlement is binding on all participants, and that the participants waive any right to further review or action by the Commission. If the complaint has been docketed, the Office of Consumer Assistance and Outreach shall submit the settlement to the Commission for approval. If the complaint has not been docketed, the Office of Consumer Assistance and Outreach will acknowledge the statement of settlement by letter to the participants.

(10) Record Retention, Reports, and Auditing.

(a) All companies shall retain documentation relating to each Commission complaint for two years after the date the complaint was closed by the Commission.

(b) All companies that participate in the telephone transfer-connect, email transfer or three day complaint resolution options shall file with the Commission’s Office of Consumer Assistance and Outreach, by the fifth working day of each month a report in tabular form that summarizes the following information for the preceding calendar month:

1. The number of calls handled via telephone transfer-connect, including the date received, customer’s name, a brief description of the complaint, and whether the complaint was addressed.

2. The number of complaints handled via email transfer, including the date received, the customer’s name, the Commission assigned tracking number, a brief description of the complaint, and whether the complaint was addressed.

3. The number of complaints handled under the three day complaint resolution procedure, including the date received, the customer’s name, the Commission assigned filing number, a brief description of the complaint, and whether the complaint was resolved.

(c) Companies shall provide access to the Commission to all such records for audit purposes.

(11) Extensions of Time.

(a) In the event of a storm named by the National Hurricane Center, a tornado recorded by the National Weather Service, a flood, a telephone cable cut, a severe gas or water main break, a major electrical outage, an extreme weather disturbance or fire causing activation of the county emergency operation center, acts of terrorism, or work stoppage, any of which substantially affects its operations and resources, a company may file a notice which will automatically extend by three working days the time for filing responses, forms, reports and other submissions required by this rule. Such notice shall be submitted in writing to the Director of the Office of Consumer Assistance and Outreach and shall state a reason for the three day extension. The utility will send one written request that will apply to all complaints or reports pending or received during the extension period. When the company does provide complaint responses or reports containing information on complaints affected by an extension of time, the extension must be noted on the complaint or report. For complaints, the three day extension shall apply to any complaints pending at the time such notification is given and to new complaints received during the extension period.

(b) If the company participates in the transfer connect system described in subsection (4), and the circumstances described in paragraph (11)(a), affect the operation of the transfer-connect system, the company may establish an alternative, temporary means of transmitting customer concerns from the Commission to the company for handling within the transfer-connect program.

History

• Rulemaking Authority 350.127(2), 364.183, 366.05, 367.121 FS. Law Implemented 120.54, 120.569, 120.57, 120.573, 364.01, 364.183, 366.03, 366.04, 366.05, 367.011, 367.111, 367.121 FS. History–New 1-3-89, Amended 10-28-93, 6-22-00, 1-29-04.

Fla. Admin. Code R. 25-22.033 Communications Between Commission Employees and Parties

History

• Rulemaking Authority 350.01(7), 350.127(2) FS. Law Implemented 120.569, 120.57, 350.042 FS. History–New 3-24-93, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.034 Discovery

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53. FS. History–New 12-21-81, Formerly 25-22.34, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.035 Miscellaneous Matters

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.35, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.0355 Assignment of Formal Proceedings

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53, 120.57(1)(a), 350.01, 350.125 FS. History–Formerly 25-2.501, Amended 12-21-81, 9-20-83, Formerly 25-22.355, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.036 Initiation of Formal Proceedings

(1) Application. An application is appropriate when a person seeks authority from the Commission to engage in an activity subject to Commission jurisdiction.

(2) Complaints. A complaint is appropriate when a person complains of an act or omission by a person subject to Commission jurisdiction which affects the complainant’s substantial interests and which is in violation of a statute enforced by the Commission, or of any Commission rule or order.

(3) Form and Content.

(a) Application. An application shall be governed by the statute or rules applicable to applications for authority. In the absence of a specific form and content, the application shall conform to this rule.

(b) Complaint. Each complaint, in addition to the requirements of paragraph (3)(a) above, shall also contain:

1. The rule, order, or statute that has been violated,

2. The actions that constitute the violation,

3. The name and address of the person against whom the complaint is lodged,

4. The specific relief requested, including any penalty sought.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.569, 120.57, 350.123, 364.335, 366.04, 366.06, 366.071, 366.076(1), 366.8255, 367.031, 367.045, 367.071, 367.081, 367.0814, 367.0817, 367.082, 367.0822, 367.091, 367.101, 367.171 FS. History–New 12-21-81, Formerly 25-22.36, Amended 5-3-99, 7-17-00.

Fla. Admin. Code R. 25-22.0365 Expedited Dispute Resolution Process for Telecommunications Companies

(1) The purpose of this rule is to establish an expedited process for resolution of disputes between telecommunications companies (“companies”).

(2) To be considered for an expedited proceeding, the companies involved in the dispute must have attempted to resolve their dispute themselves.

(3) If the companies are unable to resolve their dispute themselves, the complainant company must, prior to filing a request under subsection (5), notify Commission staff of the dispute and request that Commission staff conduct an informal meeting. The informal meeting shall be conducted within 7 days of the request for the purpose of discussing the matters in dispute, the positions of the parties, possible resolution of the dispute, any immediate effect on customers’ ability to receive service, anticipated discovery needs, and case scheduling.

(4) To initiate the expedited dispute resolution process, the complainant company must file with the Commission a request for expedited proceeding, direct testimony, and exhibits, and must simultaneously serve the filing on the other company involved in the dispute. The request for expedited proceeding is in lieu of the petition required by Rule 28-106.201, F.A.C.

(5) The request for expedited proceeding must include:

(a) The name, address, telephone number, and email address of the complainant company and its representative to be served, if different from the company;

(b) A statement of the specific issue or issues to be litigated and the complainant company’s position on the issue or issues;

(c) The relief requested;

(d) A statement that the complainant company attempted to resolve the dispute informally and the dispute is not otherwise governed by dispute resolution provisions contained in the parties’ relevant interconnection agreement; and,

(e) An explanation of why the use of this expedited process is appropriate. The explanation of why use of the expedited process is appropriate shall include a discussion of the following:

1. The number and complexity of the issues,

2. The policy implications that resolution of the dispute is expected to have, if any,

3. The topics on which the company plans to conduct discovery, including a description of the nature and quantity of information expected to be exchanged,

4. The specific measures taken to resolve the dispute informally; and,

5. Any other matter the company believes relevant to determining whether the dispute is one suited for an expedited proceeding.

(6) Any petition for intervention shall provide the information required by paragraphs (5)(a)-(c) and (e), as it applies to the intervenor.

(7) The request for expedited proceeding shall be dismissed if it does not substantially comply with the requirements of subsections (2), (3), (4) and (5), above. The first dismissal shall be without prejudice.

(8) The respondent company may file a response to the request. The response must be filed within 7 days of the filing of the request for expedited proceeding.

(a) The response shall include the name, address, telephone number, facsimile number and e-mail address of the respondent and the respondent’s representative to be served, if different from the respondent.

(b) The response to the request may include any information that the company believes will help the Prehearing Officer decide whether use of the expedited dispute resolution process is appropriate. Such information includes, but is not limited to:

1. Statement of the specific issue or issues to be litigated from the respondent’s perspective, and the respondent’s position on the issue or issues; and,

2. A discussion of the topics listed in subparagraphs (5)(b)-(e)1.-5., above.

(9) No sooner than 7 days after the filing of the request for expedited proceeding, but promptly thereafter, the Prehearing Officer will decide whether use of the expedited proceeding is appropriate. The decision will be based on the factors provided in Section 364.16(6), F.S., the materials initially filed by the complainant company and, if a response is filed, the materials included in the response.

(10) Unless otherwise provided by order of the Prehearing Officer, based on the unique circumstances of the case, the schedule for each expedited case will be as follows:

(a) Day 0 – request for expedited proceeding, direct testimony and exhibits are filed;

(b) Day 7 – deadline for filing a motion to dismiss, and a response to the request for expedited proceeding;

(c) Day 14 – deadline for filing a response to the motion to dismiss, if one is filed;

(d) Day 21 ‒ deadline for filing petitions to intervene, and intervenor testimony and exhibits;

(e) Day 42 – deadline for the Commission staff to file testimony; and,

(f) Day 56 – deadline for the respondent to file rebuttal testimony.

(11) The Prehearing Officer shall decide whether post-hearing briefs will be filed or if closing arguments will be made in lieu of post-hearing briefs. In making this decision the Prehearing Officer will consider such things as the number of parties, number of issues, complexity of issues, preferences of the parties, and the amount of testimony stipulated into the record.

(12) The Commission shall make a decision on the dispute within 120 days of the complainant company’s filing of the request for expedited proceeding, direct testimony and exhibits.

(13) Responses to discovery requests shall be made within 15 days of service of the discovery requests, unless the Prehearing Officer decides otherwise based on the unique circumstances of the case.

(14) Service of all documents on the parties shall be by e-mail or hand delivery. Filing of all documents with the Commission shall be by hand delivery, overnight mail or any method of electronic filing authorized by the Commission.

(15) The applicability of this rule to the proceeding will be reassessed as factors affecting the complexity of the case, number of issues, or number of parties change during the proceeding.

(16) Once the Prehearing Officer has determined that use of an expedited proceeding is appropriate, nothing in this rule shall prevent the Prehearing Officer from making a later determination that the case is no longer appropriate for an expedited proceeding based on the number of parties, number of issues or the complexity of the issues. Nothing in this rule shall prevent the Commission from initiating an expedited proceeding on its own motion.

History

• Rulemaking Authority 350.127(2), 364.16(6) FS. Law Implemented 364.16(6) FS. History–New 8-19-04, Amended 7-2-14.

Fla. Admin. Code R. 25-22.037 Answers and Motions

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.37, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.0375 Pleadings

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.375, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.0376 Reconsideration of Non-Final Orders

(1) Any party who is adversely affected by a non-final order may seek reconsideration by the Commission panel assigned to the proceeding by filing a motion in support thereof within 10 days after issuance of the order. The Commission shall not entertain a motion for reconsideration of an order disposing of a motion for reconsideration.

(2) A party may file a response to a motion for reconsideration within 7 days after service of the motion for reconsideration.

(3) Failure to timely file a motion for reconsideration or a response shall constitute a waiver of the right to do so.

(4) Any motion or response filed pursuant to this rule shall contain a concise statement of the grounds therefor and the signature of counsel or other person filing the motion.

(5) The Commission will not entertain a motion for reconsideration of a notice of proposed agency action.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.569, 120.57 FS. History–New 9-3-95, Amended 7-11-96, 1-1-07.

Fla. Admin. Code R. 25-22.038 Prehearing Officer; Prehearing Statement; Prehearing Conferences; and Prehearing Order

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–Formerly 25-2.66, Amended 12-21-81, Formerly 25-22.38, Amended 9-3-95, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.039 Intervention

History

• Rulemaking Authority 350.01(7), 350.127(2) FS. Law Implemented 120.569, 120.57 FS. History–Formerly 25-2.34, Amended 12-21-81, Formerly 25-22.39, Repealed 11-23-17.

Fla. Admin. Code R. 25-22.040 Notice of Hearing

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.40, Repealed 7-11-96.

Fla. Admin. Code R. 25-22.0405 Notices of Hearing

The Commission will require a public utility in a proceeding to publish additional notices of hearing in newspapers of general circulation in the area affected and to give notice to its customers by mail, if the Commission finds that it is necessary in order to afford adequate notice to the customers of the utility.

History

• Rulemaking Authority 350.127(2), 366.05, 367.121(1)(f) FS. Law Implemented 120.569, 120.57, 364.16, 366.04, 366.05, 367.081, 367.111 FS. History–New 1-27-72, Formerly 25-2.981, Amended 12-21-81, 9-27-83, Formerly 25-22.405, Amended 5-3-99.

Fla. Admin. Code R. 25-22.0406 Notice and Public Information on General Rate Increase Requests and Petitions for Limited Proceedings by Electric and Gas Utilities

(1) The provisions of this rule apply to all requests for general rate increases and to all limited proceedings filed by electric and gas utilities pursuant to Rules 25-6.0431 and 25-7.0391, F.A.C.

(2) The following noticing procedures apply to requests for a general rate increase:

(a) The utility must establish a clearly identifiable link on the utility’s website to provide electronic access to the utility’s petition and Minimum Filing Requirements (MFRs).

(b) The utility must establish a clearly identifiable link on the utility’s website to the address on the Commission’s website that provides electronic access to all documents filed in the rate case.

(c) Upon filing a petition for a general 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 petitioned for a general rate increase and must clearly identify the Commission-assigned docket number. The notification must be accompanied by a statement that a copy of the petition and MFRs can be accessed on the Commission’s website.

(d) Rate Case Synopsis.

1. Within 15 days after the time schedule for the case has been posted to the Commission’s website, the utility must prepare and submit to the Commission staff for approval a synopsis of the rate request. The synopsis must include:

a. A summary of the section of the MFRs showing a comparison of the present and proposed rates for major services,

b. A statement of the anticipated major issues involved in the rate case,

c. A copy of the executive summary filed with the MFRs,

d. A description of the ratemaking process and the time schedule established for the rate case; and,

e. The website addresses at which complete MFRs are available.

2. Within 7 days following approval of the synopsis, the utility must establish a clearly identifiable link on its website to provide electronic access to the synopsis and must provide this link to the chief executive officer of each county and municipality within the service area affected.

(e) Within 15 days after the rate case time schedule has been posted on the Commission’s website, the utility must prepare and submit a customer notice to Commission staff for approval. The customer notice must include:

1. A statement that the utility has applied for a rate increase and the general reasons for the request,

2. The locations at which copies of the MFRs and synopsis are available, including the link on the utility’s website,

3. The time schedule established for the case, and the dates, times and locations of any hearings that have been scheduled,

4. A comparison of current rates and service charges and the proposed new rates and service charges,

5. The docket number assigned to the petition by the Commission’s Office of Commission Clerk,

6. A statement that written comments regarding the proposed changes in rates and charges should be addressed to the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and that such correspondence should include the docket number; and,

7. A statement that comments regarding service may be made to the Commission’s Office of Consumer Assistance and Outreach at this toll free number: 1(800)342-3552.

(f) The utility must begin sending the notice to customers within 30 days after it has been approved by Commission Staff.

(3) The following noticing procedures apply to a petition for a limited proceeding filed pursuant to Rules 25-6.0431 and 25-7.0391, F.A.C.:

(a) The utility must establish a clearly identifiable link on the utility’s website to the address on the Commission’s website that provides electronic access to all documents filed in the limited proceeding.

(b) Within 15 days after the time schedule for the limited proceeding has been posted to the Commission’s website, the utility must prepare and submit a customer notice to the Commission staff for approval. The customer notice must contain:

1. A statement that the utility has requested a change in rates, a statement of the amount requested, and the general reason for the request,

2. A statement of where and when the petition and supporting documentation are available for public inspection, including the link on the utility’s website,

3. A comparison of the current and proposed rates,

4. The utility’s address, telephone number, and website address,

5. The docket number assigned to the petition by the Commission’s Office of Commission Clerk,

6. A statement that written comments regarding the proposed changes in rates and charges should be addressed to the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and that such correspondence should include the docket number; and,

7. A statement that comments regarding service may be made to the Commission’s Office of Consumer Assistance and Outreach at this toll free number: 1(800)342-3552.

(c) The utility must begin sending the notice to customers within 30 days after it has been approved by staff.

(4) All customer notices prepared pursuant to this rule must be sent to the customer’s address of record at the time the notice is issued, in the manner in which the customer typically receives the monthly bill, whether electronically or via U.S. mail.

(5) All customer notices regarding the locations and time of any service hearings or customer meetings must be sent to the customer no less than 10 days, or more than 45 days, prior to the first service hearing or customer meeting.

(6) At least 7 days and not more than 20 days prior to any service hearing or customer meeting, the utility must have published in a newspaper of general circulation in the area in which the hearing or customer meeting is to be held a display advertisement stating the date, time, location and purpose of the hearing or customer meeting. The advertisement must be approved by the Commission staff prior to publication.

(7) When the Commission issues proposed agency action and a hearing is subsequently held, the utility must give written notice of the hearing to its customers at least 14 days in advance of the hearing. This notice must be approved by the Commission staff prior to distribution.

(8) After the Commission’s issuance of an order granting or denying a rate change, the utility must give notice to its customers of the order and the revised rates. The notice must be approved in advance by the Commission or its staff and transmitted to the customers with the first bill containing the new rates.

History

• Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 366.03, 366.041(1), 366.05(1), 366.06(1), 366.076(1) FS. History–New 9-27-83, Formerly 25-22.406, Amended 5-27-93, 5-3-99, 10-8-13, 1-27-21.

Fla. Admin. Code R. 25-22.0407 Notice of and Public Information for General Rate Increase Requests by Water and Wastewater Utilities

(1) This rule applies to all requests for general rate increases made by water and wastewater utilities.

(2) Upon filing a petition for a general 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 petitioned for a general rate increase and must clearly identify the Commission-assigned docket number. The notification must be accompanied by a statement that a copy of the petition and Minimum Filing Requirements (MFRs) can be accessed on the Commission’s website.

(3)(a) Within 30 days after the official date of filing established by the Commission, 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’s rate case synopsis can be accessed on the Commission’s website.

(b) The utility’s rate case synopsis must be approved by the Commission staff prior to distribution and must include the following:

1. A summary of the section of the MFRs showing a comparison of the present and proposed rates and charges:

2. A statement of the general reasons for the rate request,

3. A statement of any anticipated major issues involved in the rate case,

4. A description of the ratemaking process and the time schedule established for the rate case; and,

5. A statement that the MFRs can be accessed on the Commission’s website.

(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 was 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, petition, and rate case synopsis are available on the Commission’s website,

4. The time schedule established for the case, including the dates, times, and locations of any hearings scheduled,

5. A comparison of current rates and charges and the proposed new rates and charges,

6. The utility’s address, telephone number, and business hours,

7. 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 32399-0850, and that such comments should identify the docket number assigned to the proceeding,

8. 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,

9. If the utility has not requested a change in its service availability charges as part of its rate request, a statement that the Commission will be reviewing the utility’s service availability charges in the pending rate case and that the Commission may adjust those charges.

10. 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.

(5)(a) No less than 14 days and no more than 30 days prior to the date of each service hearing, in those cases where the Commission has scheduled a service hearing, the utility must provide written notice of the date, time, location, and purpose of the service hearing to all customers within service areas designated by the prehearing officer or the Commission staff. The notice must be approved by the Commission staff prior to distribution. The notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(b) No less than 14 days and no more than 30 days prior to the date of the hearing, in all cases, including those in which the Commission has scheduled a service hearing, the utility must provide written notice of the date, time, location, and purpose of the hearing to all customers within the service areas included in the rate request. The notice must be approved by Commission staff prior to distribution. The notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(6) No less than 14 days and no more than 30 days prior to the date of each hearing held in or near a utility service area included in the rate request, the utility must have published in a newspaper of general circulation in the area in which such hearing is to be held a display advertisement stating the date, time, location, and purpose of the hearing. The notice must be approved by Commission staff prior to publication.

(7)(a) When a utility files a petition for a general rate increase and requests that its case be processed as proposed agency action in accordance with Section 367.081(10), F.S., the utility must comply with the requirements of subsections (2), (3), and (4) of this rule.

(b) No less than 14 days and no more than 30 days prior to the date of a customer meeting conducted by the Commission staff, the utility must provide written notice of the date, time, location, and purpose of the customer meeting to all customers within service areas designated by the Commission staff. The notice must be approved by Commission staff prior to distribution. The notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(c) If the proposed agency action order issued in the case is protested and any hearings are subsequently held, the utility must give notice in accordance with subsections (5) and (6) above.

(8)(a) When a utility applies for a staff-assisted rate case in accordance with Section 367.0814, F.S., and Rule 25-30.455, F.A.C., and staff-assistance is granted, the requirements of subsections (2), (3), and (4) of this rule, do not apply.

(b) No less than 14 days and no more than 30 days prior to the date of a customer meeting conducted by the Commission staff, the utility must provide, in writing, a customer meeting notice to all customers within its service area 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.

(c) The customer meeting notice must be approved by the Commission staff prior to distribution and must include the following:

1. The date the notice was issued.

2. The time, date, location, and purpose of the customer meeting.

3. A statement that the utility has applied for a staff-assisted rate case and the general reasons for doing so.

4. A statement that the Commission staff has prepared a staff report of its initial analysis of the case.

5. The website address where the staff report is available.

6. A comparison of current rates and charges and the proposed new rates and charges.

7. The utility’s address, telephone number, and business hours.

8. 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 32399-0850, and that such comments should identify the docket number assigned to the proceeding.

9. 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.

10. A statement that the Commission will be reviewing the utility’s service availability charges in the pending case and that the Commission may adjust those charges.

11. The docket number assigned by the Commission’s Office of Commission Clerk.

(d) The customer meeting notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(e) If the proposed agency action order issued in the case is protested and any hearings are subsequently held, the utility shall give notice in accordance with subsections (5) and (6) above.

(9) After the Commission issues an order granting or denying a rate change, the utility must notify its customers of the order and any revised rates. The customer notification must be approved by Commission staff and be distributed no later than with the first bill containing any revised rates.

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.081(2)(a), 367.0814(1), 367.091, 367.121(1)(a) FS. History–New 5-27-93, Amended 5-3-99, 1-27-21.

Fla. Admin. Code R. 25-22.0408 Notice of Requests for New or Revised Service Availability Charges or Policies and Notice of Requests for Allowance for Funds Prudently Invested (AFPI) Charges

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.091, 367.101, 367.111FS. History–New 5-27-93, Transferred to 25-30.4345.

Fla. Admin. Code R. 25-22.041 Continuances

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.41, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.042 Dismissal

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.42, Amended 7-11-96, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.045 Subpoenas

When the proceeding is before the Commission or member thereof, subpoenas may be issued by the presiding officer or the Office of Commission Clerk on subpoena forms supplied by the Commission. When the proceeding is before an administrative law judge of the Division of Administrative Hearings, subpoenas may be issued by the Administrative Law Judge.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.569, 120.57, 350.123 FS. History–Formerly 25-2.100, Amended 12-21-81, Formerly 25-22.45, Amended 5-3-99.

Fla. Admin. Code R. 25-22.046 Witnesses and Witness Fees

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.46, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.048 Evidence

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53, 120.57(1)(b)4., 120.58(1)(b), 367.121(1)(g) FS. History–New 12-21-81, Formerly 25 22.48, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.049 Recordation

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-1-81, Formerly 25-22.49, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.056 Post-Hearing Filings

History

• Rulemaking Authority 120.53(1) FS. Law Implemented 120.53, 120.57, 120.58 FS. History–New 12-21-81, Formerly 25-22.56, Amended 3-23-93, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.057 Recommended Order, Exceptions, Replies, Staff Recommendations

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.57, Repealed 3-23-93.

Fla. Admin. Code R. 25-22.058 Oral Argument

History

• Rulemaking Authority 350.01(7), 350.127(2) FS. Law Implemented 120.569, 120.57 FS. History–New 12-21-81, Formerly 25-22.58, Amended 3-23-93, Repealed 1-1-07.

Fla. Admin. Code R. 25-22.059 Final Orders

History

• Rulemaking Authority 120.53 FS. Law Implemented 120.53 FS. History–New 12-21-81, Formerly 25-22.59, Repealed 5-3-99.

Fla. Admin. Code R. 25-22.060 Motion for Reconsideration of Final Orders

(1) Scope and General Provisions.

(a) Any party to a proceeding who is adversely affected by an order of the Commission may file a motion for reconsideration of that order. The Commission will not entertain any motion for reconsideration of any order that disposes of a motion for reconsideration. Petitions for reconsideration are not authorized in the rulemaking process, and the Commission will not entertain any motion for reconsideration on the adoption, repeal, or amendment of a rule.

(b) A party may file a response to a motion for reconsideration and may file a cross motion for reconsideration. A party may file a response to a cross motion for reconsideration.

(c) A final order shall not be deemed rendered for the purpose of judicial review until the Commission disposes of any motion and cross motion for reconsideration of that order, but this provision does not serve automatically to stay the effectiveness of any such final order. The time period for filing a motion for reconsideration is not tolled by the filing of any other motion for reconsideration.

(d) Failure to file a timely motion for reconsideration, cross motion for reconsideration, or response, shall constitute waiver of the right to do so.

(2) Contents. Any motion or response filed pursuant to this rule shall contain a concise statement of the grounds for reconsideration, and the signature of counsel, if any.

(3) Time. A motion for reconsideration of a final order shall be filed within 15 days after issuance of the order. A response to a motion for reconsideration or a cross motion for reconsideration shall be served within 7 days of service of the motion for reconsideration to which the response or cross motion is directed. A response to a cross motion for reconsideration shall be served within 7 days of service of the cross motion.

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 120.569, 120.57 FS. History–New 12-21-81, Amended 10-4-84, Formerly 25-22.60, Amended 7-11-96, 1-1-07, 11-23-17.

Fla. Admin. Code R. 25-22.061 Stay Pending Judicial Review

(1) When the order being appealed involves the refund of moneys to customers or a decrease in rates charged to customers, the Commission shall, upon motion filed by the utility or company affected, grant a stay pending judicial proceedings. The stay shall be conditioned upon the posting of good and sufficient bond, the posting of a corporate undertaking, or such other conditions as the Commission finds appropriate to secure the revenues collected by the utility subject to refund.

(2) Except as provided in subsection (1), a party seeking to stay a final or nonfinal order of the Commission pending judicial review may file a motion with the Commission, which has authority to grant, modify, or deny such relief. A stay pending review granted pursuant to this subsection may be conditioned upon the posting of a good and sufficient bond or corporate undertaking, other conditions relevant to the order being stayed, or both. In determining whether to grant a stay, the Commission may, among other things, consider:

(a) Whether the petitioner has demonstrated a likelihood of success on the merits on appeal;

(b) Whether the petitioner has demonstrated a likelihood of sustaining irreparable harm if the stay is not granted; and,

(c) Whether the delay in implementing the order will likely cause substantial harm or be contrary to the public interest if the stay is granted.

(3) When a stay is conditioned upon the posting of a bond, corporate undertaking, or other appropriate form of surety, the Commission shall at the time it grants the stay set the rate of interest to be paid by the utility or company pursuant to subsection 25-6.109(4), F.A.C., for electric public utilities, subsection 25-7.091(4), F.A.C., for gas public utilities, and subsection 25-30.360(4), F.A.C., for water and wastewater utilities in the event that the Court’s decision requires a refund to customers.

(4) Motions filed pursuant to this rule shall be heard by those Commissioners who were on the deciding panel for the order being appealed.

History

• Rulemaking Authority 350.127(2), 366.05(1), 368.05(2) FS. Law Implemented 120.68(3), 350.01(5), 366.05(1), 366.06(1), 367.011(2), 367.081(2), 367.0814, 367.121(1)(g), 368.05(2) FS. History–New 2-1-82, Formerly 25-22.61, Amended 6-27-10, 10-2-14.

Fla. Admin. Code R. 25-22.070 Ten-Year Site Plans – Definitions

(1) “Electric Utility” means any municipal electric utility, investor-owned electric utility, rural electric cooperative, public utility district, joint operating agency, or combinations thereof, that owns, maintains, or operates an electric generation, transmission, or distribution system within the state.

(2) “Power Plant” means any electrical generating facility using any process or fuel, including nuclear materials, and shall include those directly associated transmission lines required to connect to an existing transmission network.

(3) “Directly Associated Transmission Lines” means only new corridors and transmission lines from the power plant to the first structure on an existing transmission system.

(4) “Potential Sites” are sites within the state that an electric utility is considering for possible location of a power plant, a power plant alteration, or an addition resulting in an increase in generating capacity.

(5) “Preferred Sites” are sites within the state on which an electric utility intends to construct a power plant, a power plant alteration, or an addition resulting in an increase in generating capacity.

History

• Rulemaking Authority 350.127(2), 186.801(4) FS. Law Implemented 186.801, 366.04(5) FS. History–New 11-10-97.

Fla. Admin. Code R. 25-22.071 Submission and Review of the Ten-Year Site Plans

(1) Filing Requirements:

(a) All electric utilities in the State of Florida with existing generating capacity of 250 megawatt (mW) or greater shall prepare a ten-year site plan, and submit 25 copies to the Florida Public Service Commission’s Office of Commission Clerk on the first working day of April of each year, unless extended. The plan shall date from December 31 of the prior calendar year.

(b) Any electric utility, other than those filing ten-year site plans pursuant to paragraph (1)(a), that elects to construct an additional generating facility exceeding 75 mW gross generating capacity shall prepare a ten-year site plan, and submit 25 copies to the Public Service Commission’s Office of Commission Clerk in the year the decision to construct is made or at least three years prior to application for site certification, and every year thereafter until the facility becomes fully operational.

(2) The Commission will provide a copy of the ten-year site plans to appropriate federal, state, and local agencies, water management districts, and regional planning councils.

(3) The Commission will solicit comments from various federal, state, and local agencies, water management districts, and regional planning councils regarding the individual utility ten-year site plans. Any written comments shall be filed with the Commission within 90 days from the date of receipt of the plans. The state agencies from which comments will be solicited will include:

(a) The Department of Environmental Protection.

(b) The Department of Transportation.

(c) The Department of Agriculture and Consumer Services.

(d) The Department of Health.

(e) The Fish and Wildlife Conservation Commission.

(f) The Board of Trustees of the Internal Improvement Trust Fund.

(g) The Florida Department of Commerce, Division of Community Development.

(4) The Commission will complete its review of the plans within nine months following submission and will report its findings, along with any comments or recommendations, to the Florida Department of Environmental Protection and the utilities filing a plan. Other agencies to which the Commission sent the plan for review, and other entities may request a copy of the review from the Division of Engineering, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399.

(5) Plans that have been previously classified by the Commission as unsuitable may be classified suitable based on additional data.

(6) The electric utilities in Florida shall compile aggregate statewide and peninsular Florida (the area east of the Apalachicola River) data derived from individual electric utility plans and shall submit this data to the Commission by July 1 of each year.

History

• Rulemaking Authority 350.127(2), 186.801(4) FS. Law Implemented 186.801, 366.04(5), 366.05(7) FS. History–New 11-10-97.

Fla. Admin. Code R. 25-22.072 Contents of Ten-Year Site Plans

(1) Individual electric utility ten-year site plans required by Rule 25-22.071, F.A.C., shall include at a minimum the information listed in Form PSC/ENG 43-E. Form PSC/ENG 43-E (11/97), entitled “Electric Utility Ten-Year Site Plan Information and Data Requirements,” is incorporated by reference into this rule and is available from the Division of Engineering.

(2) When an application for certification of a preferred site for a proposed facility has been filed with the Department of Environmental Protection, no further environmental or land use data shall be submitted to the Commission for that site.

History

• Rulemaking Authority 350.127(2), 186.801(4) FS. Law Implemented 186.801, 366.04(5), 366.05(7) FS. History–New 11-10-97.

Fla. Admin. Code R. 25-22.075 Transmission Line Permitting Proceedings

(1) Proceedings to determine the need for a proposed transmission line as defined in Section 403.522(22), F.S., shall begin with a petition by a utility or an order issued on the Commission’s own motion and shall be disposed of as provided in Chapter 25-22, F.A.C., except that the time deadlines and notice requirements in Section 403.537, F.S., shall control. Proceedings may begin whether or not an application for corridor site certification of a proposed transmission line pursuant to Sections 403.52 through 403.5365, F.S., is pending. A petition for reconsideration shall be filed within 5 days of the Commission’s decision.

(a) In order for the Commission to have sufficient information to provide the 45 days notice of final hearing required by Section 403.537, F.S., a utility that intends to petition for a transmission line need determination may file a Notice of Intent to File Petition for Transmission Line Need Determination at least 30 days prior to the filing of a petition. The notice of intent shall identify the proposed beginning and ending points of the transmission line, and the counties, regional planning councils, and water management districts in whose jurisdiction the transmission line could be placed. The notice of intent shall further specify the date on which the utility reasonably expects to file the petition for need determination.

(b) If the Commission does not receive a Notice of Intent to File Petition for Transmission Line Need Determination at least 30 days prior to the filing of a petition, or does not receive the petition within 5 days after the date specified in the notice of intent, the Commission shall have good cause, pursuant to Section 403.537(3), F.S., to extend the time for conduct of the hearing for 30 days.

(2) Upon receipt of a Notice of Intent to File Petition for Transmission Line Need Determination or a petition by a utility, whichever occurs first, or upon issuance of an order pursuant to subsection (1), the Commission shall schedule a hearing and shall give notice of the proceeding to:

(a) The affected utility or utilities, if appropriate;

(b) The Florida Department of Commerce, Division of Community Development;

(c) The Department of Environmental Protection;

(d) Each person who has requested placement on the mailing list for receipt of such notice;

(e) The counties, water management districts, and regional planning councils in whose jurisdiction the transmission line could be placed; and,

(f) The Fish and Wildlife Conservation Commission.

(3) The Commission shall also publish notice of the hearing at least 45 days before the hearing date in the Florida Administrative Register.

(4) The utility shall publish notice of the hearing at least 45 days before the hearing date in newspapers of general circulation in the counties where the transmission line could be placed. Every notice published in a newspaper shall be at least one-quarter page in size. A copy of each newspaper notice, which includes the date of publication, shall be filed with the Office of Commission Clerk at least 30 days prior to the hearing date.

History

• Rulemaking Authority 350.127(2), 403.537(2) FS. Law Implemented 403.537 FS. History–New 12-20-81, Formerly 25-2.130, 25-22.75, Amended 10-9-91.

Fla. Admin. Code R. 25-22.076 Contents of Petition

Petitions submitted to commence a determination of need proceeding or responses to the Commission’s order commencing a proceeding shall comply with the other requirements of Chapter 25-22, F.A.C., as to form and style and shall contain the following information:

(1) A general description of the existing load and electrical characteristics of the electrical transmission grid including an electrical system map indicating the general location and configuration of existing and the proposed transmission line or lines.

(2) A general description of the proposed transmission line or lines, including the project name, the starting and ending points of the transmission line or lines as defined by the utility, the design and the operating voltage of the proposed transmission line or lines, the approximate cost, and the projected in-service date or dates of the proposed transmission line or lines.

(3) A statement of the specific situations, conditions, contingencies, or other factors which indicate that need exists for the proposed transmission line or lines, including the general time within which the proposed transmission line or lines will be needed. Documentation shall include load flow studies on a peninsular Florida basis, a Gulf Power basis, a Southern Electric System basis or some combination of these and, when applicable, inclusion of adjoining states showing power flows and voltage profiles on the transmission lines in the more critical operating conditions. Load flows should cover the general time period within which the proposed transmission line or lines will be needed, but at the option of the utility, may cover a period of several years. One copy of the complete load flow analysis, including supporting documentation shall be filed with the Commission. The load flow analysis shall identify the load forecasts upon which the load levels are based. Supplemental studies, such as transient stability or short circuit analysis, may be submitted at the option of the utility or upon request of the Commission, if needed to support the need for the proposed transmission line or lines.

(4) A summary discussion of the major alternative transmission lines or transmission improvements which were examined and evaluated by the utility in arriving at the decision to pursue the proposed project. The discussion shall consist of:

(a) A general description of the other transmission line alternatives, including, if appropriate, load flow analyses and electrical system diagrams showing power flows and voltage profiles on the transmission lines in the more critical operating conditions; and,

(b) A discussion of the performance of each alternative in terms of economics, reliability, long-term flexibility and usefulness, or other relevant factors.

(5) A statement of the major reason or reasons for adding the proposed transmission line or lines, specifically whether the proposed transmission line or lines will:

(a) Improve or maintain reliability;

(b) Improve intra- or inter-system power transfer capabilities;

(c) Integrate power supply sources;

(d) Correct thermal overloads or low voltage conditions;

(e) Accommodate load growth;

(f) Improve system economics;

(g) Accommodate relocations;

(h) Conserve or displace oil;

(i) Serve any other useful purpose;

(j) Any combination of the above.

(6) A statement of the adverse consequences to the electrical system which will result if the project is delayed or if the Commission denies the application.

(7) An estimate of the time for full project development and an explanation of the factors and considerations which justify the proposed phasing of the project where development of the project will be phased over an extended period of time.

History

• Rulemaking Authority 350.127(2), 403.537(2) FS. Law Implemented 403.537 FS. History–New 12-20-81, Formerly 25-2.131, 25-22.76.

Fla. Admin. Code R. 25-22.080 Electrical Power Plant Permitting Proceedings

(1) Proceedings to determine the need for a proposed electrical power plant, as defined in Section 403.503(14), F.S., shall begin with a petition by a utility or on the Commission’s own motion and shall be disposed of in accordance with the provisions of Chapter 25-22, F.A.C., except that the time deadlines set forth in this rule and in Sections 403.501 through 403.517, F.S., to the extent applicable, shall control. Proceedings may begin prior to the filing of an application for site certification of the proposed electrical power plant.

(2) Within 7 days following receipt of a petition, or in its order commencing a proceeding on its own motion, the Commission shall set a date for hearing, which shall be within 90 days of receipt of the petition or of issuance of its order. Following the hearing, each party may make submittals to the Commission on a time schedule to be determined in accordance with the requirements of each proceeding, but terminating no later than 120 days from the receipt of the petition. The matter will be placed before the Commission on an agenda which will permit a decision no later than 135 days from the date of receiving the petition or the issuance of the order commencing the proceeding. A petition for reconsideration must be filed within 5 days of the Commission’s decision.

(3) Upon receipt of a petition by a utility or issuance of an order pursuant to subsection (1), notice shall be given of the commencement of the proceeding to:

(a) The affected utility or utilities, if appropriate;

(b) The Department of Commerce, Division of Community Development;

(c) The Department of Environmental Protection; and,

(d) Each person who has requested placement on the mailing list for receipt of such notice.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 403.519 FS. History–New 12-20-81, Formerly 25-2.132, 25-22.80.

Fla. Admin. Code R. 25-22.081 Contents of Petition

(1) Petition for Fossil, Integrated Gasification Combined Cycle, or Nuclear Fuel Electric Plants. Petitions submitted to commence a proceeding to determine the need for a proposed fossil, integrated gasification combined cycle, or nuclear fuel electrical power plant or responses to the Commission’s order commencing such a proceeding shall comply with the other requirements of Chapter 25-22, F.A.C., as to form and style except that a utility may, at its option, submit its petition in the same format and style as its application for site certification pursuant to Sections 403.501 through 403.517, F.S., so long as the informational requirements of this rule and Chapter 25-22, F.A.C., are satisfied. To allow the Commission to take into account the need for electric system reliability and integrity, the need for adequate reasonable cost electricity, the need for fuel diversity and supply reliability, the need to determine whether the proposed plant is the most cost effective alternative available, and the need to determine whether renewable energy sources and technologies, as well as conservation measures, are utilized to the extent reasonably available, the petition shall contain the following information:

(a) A general description of the utility or utilities primarily affected, including the load and electrical characteristics, generating capability, and interconnections.

(b) A general description of the proposed electrical power plant, including the size, number of units, fuel type and supply modes, the approximate costs, and projected in-service date or dates.

(c) A statement of the specific conditions, contingencies or other factors which indicate a need for the proposed electrical power plant including the general time within which the generating units will be needed. Documentation shall include historical and forecasted summer and winter peaks, number of customers, net energy for load, and load factors with a discussion of the more critical operating conditions. Load forecasts shall identify the model or models on which they were based and shall include sufficient detail to permit analysis of the model or models. If a determination is sought on some basis in addition to or in lieu of capacity needs, such as fuel diversity, then detailed analysis and supporting documentation of the projected costs and benefits is required. Where a determination is sought for a nuclear or integrated gasification combined cycle power plant, the nonbinding estimate provided for in paragraph (2)(b) below, shall be considered to be sufficient for purposes of this paragraph.

(d) A summary discussion of the major available generating alternatives which were examined and evaluated in arriving at the decision to pursue the proposed generating unit. The discussion shall include a general description of the generating unit alternatives, including purchases where appropriate; and an evaluation of each alternative in terms of economics, reliability, long-term flexibility and usefulness and any other relevant factors such as fuel diversity and fuel supply reliability. These major generating technologies generally available and potentially appropriate for the timing of the proposed plant and other conditions specific to it shall be discussed. In addition, each investor-owned utility shall include a detailed description of the selection process used and a detailed description of the generating unit alternatives proposed by each finalist, if any, selected to participate in subsequent contract negotiations pursuant to Rule 25-22.082, F.A.C. No provision of Rule 25-22.082, F.A.C., shall be applicable to a nuclear or integrated gasification combined cycle power plant sited after June 19, 2006.

(e) A discussion of viable nongenerating alternatives including an evaluation of the nature and extent of reductions in the growth rates of peak demand, KWH consumption and oil consumption resulting from the goals and programs adopted pursuant to the Florida Energy Efficiency and Conservation Act both historically and prospectively and the effects on the timing and size of the proposed plant.

(f) An evaluation of the adverse consequences which will result if the proposed electrical power plant is not added in the approximate size sought or in the approximate time sought.

(g) If the generation addition is the result of a purchased power agreement between an investor-owned utility and a nonutility generator, the petition shall include a discussion of the potential for increases or decreases in the utility’s cost of capital, the effect of the seller’s financing arrangements on the utility’s system reliability, any competitive advantage the financing arrangements may give the seller and the seller’s fuel supply adequacy.

(2) In addition to complying with paragraphs (1)(a) through (g) above, a nuclear or integrated gasification combined cycle power plant petition shall contain the following information:

(a) The description required by Section 403.519(4)(a)2., F.S., including a discussion about how the proposed nuclear or integrated gasification combined cycle power plant will enhance the electric supply reliability by reducing the exposure to fossil fuel supply disruptions;

(b) A description of and a nonbinding estimate of the cost of the proposed nuclear or integrated gasification combined cycle power plant, including associated transmission facilities;

(c) The annualized base revenue requirement for the first 12 months of operation of the proposed nuclear or integrated gasification combined cycle power plant, based on the nonbinding estimate of the cost provided pursuant to paragraph (2)(b) above; and,

(d) A summary of any discussions with other electric utilities regarding ownership of a portion of the plant by such electric utilities.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 403.519 FS. History–New 12-22-81, Formerly 25-2.133, 25-22.81, Amended 1-10-94, 2-20-07, 2-3-08.

Fla. Admin. Code R. 25-22.082 Selection of Generating Capacity

(1) Scope and Intent. The intent of this rule is to provide the Commission information to evaluate a public utility’s decision regarding the addition of generating capacity pursuant to Section 403.519, F.S. The use of a Request for Proposals (RFP) process is an appropriate means to ensure that a public utility’s selection of a proposed generation addition is the most cost-effective alternative available.

(2) Definitions. For the purpose of this rule, the following terms shall have the following meaning:

(a) Public Utility: all electric utilities subject to the Florida Public Service Commission’s ratemaking authority, as defined in Section 366.02(8), F.S.

(b) Next Planned Generating Unit: the next generating unit addition planned for construction by a public utility that will require certification pursuant to Section 403.519, F.S.

(c) Request for Proposals (RFP): a document in which a public utility publishes the price and non-price attributes of its next planned generating unit in order to solicit and screen, for potential subsequent contract negotiations, competitive proposals for supply-side alternatives to the public utility’s next planned generating unit.

(d) Participant: a potential generation supplier who submits a proposal in compliance with both the schedule and informational requirements of a public utility’s RFP. A participant may include, but is not limited to, utility and non-utility generators, Exempt Wholesale Generators (EWGs), Qualifying Facilities (QFs), marketers, and affiliates of public utilities, as well as providers of turnkey offerings, distributed generation, and other utility supply side alternatives.

(e) Finalist: one or more participants selected by the public utility with whom to conduct subsequent contract negotiations.

(3) Prior to filing a petition for determination of need for an electrical power plant pursuant to Section 403.519, F.S., each public utility shall evaluate supply-side alternatives to its next planned generating unit by issuing a Request for Proposals (RFP).

(4) Each public utility shall provide timely notification of its issuance of an RFP by publishing public notices in major newspapers, periodicals and trade publications to ensure statewide and national circulation. The public notice given shall include, at a minimum:

(a) The name and address of the contact person from whom an RFP package may be requested;

(b) A general description of the public utility’s next planned generating unit, including its planned in-service date, MW size, location, fuel type and technology; and,

(c) A schedule of critical dates for the solicitation, evaluation, screening of proposals and subsequent contract negotiations.

(5) No term of the RFP shall be unfair, unduly discriminatory, onerous, or commercially infeasible. Each public utility’s RFP shall include, at a minimum:

(a) A detailed technical description of the public utility’s next planned generating unit or units on which the RFP is based, as well as the financial assumptions and parameters associated with it, including, at a minimum, the following information:

1. A description of the public utility’s next planned generating unit(s) and its proposed location(s),

2. The MW size,

3. The estimated in-service date,

4. The primary and secondary fuel type,

5. An estimate of the total direct cost,

6. An estimate of the annual revenue requirements,

7. An estimate of the annual economic value of deferring construction,

8. An estimate of the fixed and variable operation and maintenance expense,

9. An estimate of the fuel cost,

10. An estimate of the planned and forced outage rates, heat rate, minimum load and ramp rates, and other technical details,

11. A description and estimate of the costs required for associated facilities such as gas laterals and transmission interconnection,

12. A discussion of the actions necessary to comply with environmental requirements; and,

13. A summary of all major assumptions used in developing the above estimates.

(b) A copy of the public utility’s most recent Ten-Year Site Plan;

(c) A schedule of critical dates for solicitation, evaluation, screening of proposals, selection of finalists, and subsequent contract negotiations;

(d) A description of the price and non-price attributes to be addressed by each alternative generating proposal including, but not limited to:

1. Technical and financial viability,

2. Dispatchability,

3. Deliverability (interconnection and transmission),

4. Fuel supply,

5. Water supply,

6. Environmental compliance,

7. Performance criteria,

8. Pricing structure; and,

(e) A detailed description of the criteria and the methodology, including any weighting and ranking factors, to be used to evaluate alternative generating proposals on the basis of price and non-price attributes.

(f) Any application fees that will be required of a participant. Any such fees or deposits shall be cost-based.

(g) Best available information regarding system-specific conditions which may include, but not be limited to, preferred locations proximate to load centers, transmission constraints, the need for voltage support in particular areas, and/or the public utility’s need or desire for greater diversity of fuel sources.

(6) No attribute, criterion, or methodology shall be employed that is not identified in the RFP absent a showing that such attribute, criterion, or methodology is necessary for and consistent with the purpose of the rule.

(7) As part of its RFP, the public utility shall require each participant to publish a notice in a newspaper of general circulation in each county in which the participant proposes to build an electrical power plant. The notice shall be at least one-quarter of a page and shall be published no later than 10 days after the date that proposals are due. The notice shall state that the participant has submitted a proposal to build an electrical power plant, and shall include the name and address of the participant submitting the proposal, the name and address of the public utility that solicited proposals, and a general description of the proposed power plant and its location.

(8) Within 30 days after the public utility has selected finalists, if any, from the participants who responded to the RFP, the public utility shall publish notice in a newspaper of general circulation in each county in which a finalist proposes to build an electrical power plant. The notice shall include the name and address of each finalist, the name and address of the public utility, and a general description of each proposed electrical power plant, including its location, size, fuel type, and associated facilities.

(9) Each public utility shall file a copy of its RFP with the Commission.

(10) The public utility shall allow participants to formulate creative responses to the RFP, such as responses which employ innovative or inventive technologies or processes. The public utility shall evaluate all proposals.

(11) The public utility shall conduct a meeting prior to the release of the RFP with potential participants to discuss the requirements of the RFP. The public utility shall also conduct a meeting within two weeks after the issuance of the RFP and prior to the submission of any proposals. The Office of Public Counsel and the Commission staff shall be notified in a timely manner of the date, time, and location of such meetings.

(12) A potential participant may file with the Commission objections to the RFP limited to specific allegations of violations of this rule within 10 days of the issuance of the RFP. The public utility may file a written response within 5 days. Within 30 days from the date of the objection, the Commission panel assigned shall determine whether the objection as stated would demonstrate that a rule violation has occurred, based on the written submission and oral argument by the objector and the public utility, without discovery or an evidentiary hearing. The RFP process will not be abated pending the resolution of such objections.

(13) A minimum of 60 days shall be provided between the issuance of the RFP, and the due date for proposals in response to the RFP.

(14) The public utility shall evaluate the proposals received in response to the RFP in a fair comparison with the public utility’s next planned generating unit identified in the RFP. The public utility may modify the construction costs and/or performance parameters affecting revenue requirements in its next planned generating unit that it included in the RFP. However, if it chooses to do so, it must inform participants of its intent, and provide the participants (limited to the remaining finalists) a corresponding opportunity to revise their bids.

(15) If the Commission approves a purchase power agreement as a result of the RFP, the public utility shall be authorized to recover the prudently incurred costs of the agreement through the public utility’s capacity, and fuel and purchased power cost recovery clauses absent evidence of fraud, mistake, or similar grounds sufficient to disturb the finality of the approval under governing law. If the public utility selects a self-build option, costs in addition to those identified in the need determination proceeding shall not be recoverable unless the utility can demonstrate that such costs were prudently incurred and due to extraordinary circumstance.

(16) The Commission shall not allow potential suppliers of capacity who were not participants to contest the outcome of the selection process in a power plant need determination proceeding.

(17) In implementing an RFP under this rule, the public utility may use or incorporate an auction process.

(18) Upon a showing by a public utility and a finding by the Commission that a proposal not in compliance with this rule’s provisions will likely result in a lower cost supply of electricity to the utility’s general body of ratepayers, increase the reliable supply of electricity to the utility’s general body of ratepayers, or otherwise will serve the public welfare, the Commission shall exempt the utility from compliance with the rule or any part of it for which such justification is found.

History

• Rulemaking Authority 350.127(2), 366.05(1) FS. Law Implemented 366.04(1), (2), (5), 366.041, 366.051, 366.06(1), (2), 366.07, 403.519 FS. History–New 1-10-94, Amended 6-17-03.

Fla. Admin. Code R. 25-22.090 Natural Gas Transmission Pipeline Permitting Proceedings

(1) Proceedings to determine the need for a proposed natural gas transmission pipeline pursuant to Section 403.9422, F.S., shall begin with a petition filed by a new or existing natural gas transmission pipeline company or an order issued on the Commission’s own motion and shall be disposed of as provided in Chapter 25-22, F.A.C., except that the time deadlines and notice requirements in Section 403.9422, F.S., shall control. Proceedings may begin whether or not an application for corridors site certification of a proposed natural gas transmission pipeline pursuant to Sections 403.9401 through 403.9425, F.S., is pending.

(a) In order for the Commission to have sufficient information to provide the 45 days notice of final hearing required by Section 403.9422, F.S., a natural gas transmission pipeline company that intends to petition for a natural gas transmission pipeline need determination may file a Notice of Intent to File Petition for Natural Gas Transmission Pipeline Need Determination at least 30 days prior to the filing of a petition. The notice of intent shall identify the proposed beginning and ending points of the natural gas transmission pipeline, and the counties, regional planning councils, and water management districts in whose jurisdiction the natural gas transmission pipeline could be placed. The notice of intent shall further specify the date on which the natural gas transmission pipeline company reasonably expects to file the petition for need determination.

(b) If the Commission does not receive a Notice of Intent to File Petition for Natural Gas Transmission Pipeline Need Determination at least 30 days prior to the filing of a petition, or does not receive the petition within 5 days after the date specified in the notice of intent, the Commission shall have good cause, pursuant to Section 403.9422(3), F.S., to extend the time for conduct of the hearing for 30 days.

(2) Upon receipt of a Notice of Intent to File Petition for Natural Gas Transmission Pipeline Need Determination or a petition by a natural gas transmission pipeline company, whichever occurs first, or upon issuance of an order pursuant to subsection (1), the Commission shall schedule a hearing and shall give notice of the proceeding to:

(a) All interstate and intrastate natural gas transmission companies within Florida and all electric and natural gas utilities;

(b) The Department of Commerce, Division of Community Development;

(c) The Department of Environmental Protection;

(d) Each person who has requested placement on the mailing list for receipt of such notice;

(e) The counties, water management districts, and regional planning councils in whose jurisdiction the natural gas transmission pipeline could be placed;

(f) The Fish and Wildlife Conservation Commission;

(g) The Department of Transportation; and,

(h) The Department of State, Division of Historical Resources.

(3) The Commission shall also publish notice of the hearing at least 45 days before the hearing date in the Florida Administrative Register.

(4) The natural gas transmission pipeline company shall publish notice of the hearing at least 45 days before the hearing date in newspapers of general circulation in each county where the natural gas transmission pipeline may be placed. Every notice published in a newspaper shall be at least one-quarter page in size. A copy of each newspaper notice, which includes the date of publication, shall be filed with the Office of Commission Clerk at least 30 days prior to the hearing date.

History

• Rulemaking Authority 350.127(2), 403.9422(2) FS. Law Implemented 403.9422 FS. History–New 1-25-95.

Fla. Admin. Code R. 25-22.091 Contents of Petition

Petitions submitted to commence a determination of need proceeding or responses to the Commission’s order commencing a proceeding shall comply with the other requirements of Chapter 25-22, F.A.C., as to form and style, and shall contain the following information:

(1) Identification of existing natural gas transmission pipelines including a general description and map of all existing, all Florida Public Service Commission (FPSC) or Federal Energy Regulatory Commission (FERC) approved but not yet in service and all proposed natural gas transmission pipelines, including laterals, within any Florida county in which the proposed project will be located.

(2) Description of proposed natural gas transmission pipeline, ownership and financial information including:

(a) Project name and ownership, including all company officers, their addresses and phone numbers, and all corporate affiliations.

(b) Copies of the annual reports to shareholders and 10K Reports to the Securities and Exchange Commission for the last three years for each of the principal companies involved in the project. If annual reports for any of the companies are not prepared, audited financial statements for those entities for the last three years shall be provided.

(c) Copies of all rating agency and security analyst reports for the last two years for each of the principal companies involved in the project.

(d) Copies of all presentations related to the project given by the principal companies involved in the project to, or prepared for, banks and other lenders, security analysts, and rating agencies for the last two years.

(e) A description of the project, including all main or trunk pipelines and all laterals from origination to terminus of each mainline or lateral. The description shall include starting and ending points of each line, initial design capacity and operating pressures, estimated total cost and projected in-service date or dates of the project. The description shall also include the diameter of all pipelines in the proposed project, projected initial operating pressures for all pipelines, and the type and horsepower of all compressor stations. If the pipeline includes phased implementation such that extensions or expansions are to be installed at times later than the time of the initial installation’s operational date, similar but separate detailed descriptions as provided for the initial installation shall be provided.

(f) Maps on the scale of 1 inch equals 50 miles of the preferred route and any planned alternate routes, planned locations of compressor stations and other affiliated facilities. Detailed maps of all laterals up to and including individual terminus points shall be provided.

(3) Evidence of the safety and integrity of the proposed project which shall include a statement that the engineering, construction and operation of the project will comply with all provisions of Sections 368.01 through 368.061, F.S., The Gas Safety Law of 1967, Chapter 25-12, F.A.C., and 49 CFR, Parts 190 through 199, Pipeline Safety Regulations of the United States Department of Transportation, and codes and standards incorporated therein.

(4) Evidence of need for natural gas transmission capacity in the market area including:

(a) A statement of the specific situations, conditions, contingencies, or other factors that indicate that need exists for the proposed natural gas transmission pipeline or pipelines, including the approximate time when the additional natural gas transmission capacity will be needed.

(b) Evidence of need for natural gas delivery capability up to initial design capacity including supporting contracts, precedent agreements, binding letters of intent, or other forms of evidence the applicant believes sufficient to meet its burden of proof that need exists.

(c) Evidence of need for natural gas delivery capability beyond initial design capacity if future expansion capability is built into the pipeline through use of larger diameter pipeline than needed for planned initial throughput. The petitioner shall provide market area load forecasts by customer type, region of state, expected dates of added load, and other information necessary to support projected future load growth, including region specific natural gas load forecasts supporting each phase of the proposed pipeline installation, taking into account existing and FPSC or FERC approved regional pipeline capacity. Detailed cost information to permit analysis of the cost-effectiveness of using such larger diameter pipeline shall also be provided.

(5) Evidence of access to gas supplies and adequacy of upstream natural gas transmission pipeline capacity to the supply areas including the following:

(a) As initial evidence of reliability of access to gas supplies: identification of sources of gas or access to gas supply areas for the project pipeline and for upstream pipelines.

(b) As evidence of reliability of natural gas transmission pipeline capacity to the point of origination of the proposed project: detailed information on currently available firm or interruptible capacity on upstream pipelines and identification of all additions required to enable upstream pipelines to supply gas in volumes sufficient to meet throughput design capacity of the project. The petitioner shall also provide all available contracts, precedent agreements or binding letters of intent as evidence of adequate capacity on upstream pipelines.

(c) As additional evidence of reliability of natural gas transmission pipeline capacity to the point of origination of the project: information on any federal requirements that must be met by any upstream pipeline before it can provide natural gas transmission service to supply the project. Information on timing of any necessary expansions of upstream pipeline, including proposed federal filing dates and projected in-service dates of additions shall also be provided.

(6) Specific reasons for the proposed natural gas transmission pipeline including whether the proposed pipeline will:

(a) Improve or maintain deliverability, reliability, safety, and integrity of natural gas transmission within Florida;

(b) Accommodate load growth;

(c) Improve the economics of natural gas transmission within Florida to assure the economic well-being of the public;

(d) Conserve or displace oil;

(e) Serve any other useful purpose.

(7) A statement of adverse consequences to the public that will result if the project is delayed or if the Commission denies the application. The petitioner shall specifically address any adverse consequences to the economic well-being of the public due to delay or denial of approval of the project.

History

• Rulemaking Authority 350.127(2), 403.9422(2) FS. Law Implemented 403.94055, 403.9422 FS. History–New 1-25-95.

Fla. Admin. Code R. 25-22.100 Authority

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 9-24-92, Amended 12-27-94, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.101 Purpose

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 9-24-92, Amended 12-27-94, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.102 Public Inspection and Duplication

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)1.-5., 350.06(7) FS. History–New 9-24-92, Amended 12-27-94, Repealed 7-11-96.

Fla. Admin. Code R. 25-22.103 Orders Indexed

History

• Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a), (2)(d) FS. History–New 9-24-92, Amended 12-27-94, Repealed 2-2-10.

Fla. Admin. Code R. 25-22.1035 Official Reporter for Final Orders

History

• Rulemaking Authority 120.532, 120.533 FS. Law Implemented 120.53(2)(a), (d), (4) FS. History–New 12-27-94, Amended 2-2-10, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.104 Numbering of Orders

History

• Rulemaking Authority 120.53(1) FS. Law Implemented 120.53(2)-(4) FS. History–New 9-24-92, Amended 12-27-94, 12-26-01, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.105 Electronic Database of Orders and Other Records

History

• Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 9-24-92, Amended 12-27-94, 2-2-10, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.106 Maintenance of Records

History

• Rulemaking Authority 120.53(2)(f) FS. Law Implemented 119.041(2) FS. History–New 9-24-92, Amended 12-27-94, Repealed 7-11-96.

Fla. Admin. Code R. 25-22.107 Plan for Making Orders Available to the Public

History

• Rulemaking Authority 120.53(2), (8) FS. Law Implemented 120.52(2) FS. History–New 9-24-92, Amended 12-27-94, 2-2-10, Repealed 9-27-22.

Fla. Admin. Code R. 25-22.108 Change of Regulated Utility Contact Information

(1) Within 30 days of being regulated by the Florida Public Service Commission as defined by Section 350.111, F.S., a utility shall submit its contact information to the Office of the Commission Clerk using Form PSC 1024 (6/19) “Change of Regulated Utility Contact Information” except when all current information was submitted in the utility’s application form. Form PSC 1024 (6/19) “Change of Regulated Utility Contact Information,” which is incorporated by reference in this rule and is available at the Department of State website at http://www.flrules.org/Gateway/reference.asp?No=Ref-10888 and at the Commission’s website at http://www.floridapsc.com/ClerkOffice/ChangeOfCompanyInfo.

(2) If a utility makes any changes to the information listed in the form, the utility must submit an updated Form PSC 1024 (6/19) to the Office of the Commission Clerk that shows all changes within 30 days of the changes.

History

• Rulemaking Authority 350.127(2), 364.183, 367.121, 368.05, 427.704(8) FS. Law Implemented, 364.183, 366.05, 367.121, 368.05, 368.108, 427.704 FS. History–New 8-6-19.

Chapter 25-24 TELEPHONE COMPANIES

Fla. Admin. Code R. 25-24.455 Scope and Waiver

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.02 FS. History–New 2-23-87, Amended 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.465 Terms and Definitions

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.02 FS. History–New 2-23-87, Amended 3-13-96, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.470 Registration Required

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.02, 364.04 FS. History–New 2-23-87, Amended 8-25-05, 5-29-08, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.474 Cancellation of a Registration

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 350.127(1), 364.02, 364.285 FS. History–New 2-23-87, Amended 3-13-96, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.475 Company Operations and Customer Relations

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.02, 364.04, 364.603, 364.604, 427.704 FS. History–New 2-23-87, Amended 6-24-90, 9-16-92, 2-3-93, 3-13-96, 2-1-99, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.480 Records and Reports

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 350.117, 364.02, 364.336 FS. History–New 2-23-87, Amended 4-5-88, 7-11-88, 6-3-90, 10-25-90, 11-20-91, 12-29-91, 12-22-92, 12-27-94, 3-13-96, 10-1-96, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.485 Tariffs

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.04 FS. History–New 2-23-87, Amended 11-19-89, 11-21-95, 3-13-96, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.490 Toll Free Number Transfers

History

• Rulemaking Authority 350.127(2), 364.604(5) FS. Law Implemented 364.603, 364.604 FS. History–New 2-23-87, Amended 10-31-89, 3-5-90, 3-4-92, 3-13-96, 12-28-98, 7-5-00, 11-16-03, 9-9-04, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.505 Scope

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 350.115, 350.117, 364.01, 364.016, 364.02, 364.17, 364.18, 364.183, 364.185, 364.32, 364.337, 364.3375 FS. History–New 1-5-87, Amended 11-13-95, 2-1-99, Repealed 10-2-14.

Fla. Admin. Code R. 25-24.510 Certificate of Public Convenience and Necessity Required

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.32, 364.33, 364.335, 364.337, 364.345 FS. History–New 1-5-87, Amended 5-15-89, Repealed 2-7-13.

Fla. Admin. Code R. 25-24.511 Application for Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.32, 364.33, 364.335, 364.3375 FS. History–New 1-5-87, Amended 9-28-89, 4-7-91, 11-20-91, 12-21-92, 2-1-99, 1-5-06, 5-29-08, 2-7-13, Transferred to 25-4.511.

Fla. Admin. Code R. 25-24.512 Application for Approval of Sale or Transfer of Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.32, 364.33, 364.337, 364.3375, 364.345 FS. History–New 1-5-87, Amended 5-15-89, 1-5-06, 5-29-08, 2-7-13, Transferred to 25-4.512.

Fla. Admin. Code R. 25-24.514 Cancellation of a Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 350.127(1), 364.285 FS. History–New 1-5-87, Amended 2-7-13, Repealed 10-2-14.

Fla. Admin. Code R. 25-24.515 Pay Telephone Service

History

• Rulemaking Authority 350.127(2), 365.171(8) FS. Law Implemented 364.3375, 365.171 FS. History–New 1-5-87, Amended 4-14-92, 12-21-92, 2-3-93, 10-10-94, 12-27-94, 9-5-95, 2-1-99, 12-23-02, 4-5-05, 12-29-05, 9-5-07, 2-7-13, Transferred to 25-4.515.

Fla. Admin. Code R. 25-24.516 Pay Telephone Operator Services

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.3375(4), (5), 364.3376 FS. History–New 9-5-95, Amended 2-1-99, 9-7-04, 12-15-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.520 Reporting Requirements

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.115, 350.117, 364.17, 364.18, 364.185, 364.3375 FS. History–New 1-5-87, Amended 1-2-91, 12-29-91, 2-1-99, Transferred to 25-4.520.

Fla. Admin. Code R. 25-24.555 Scope and Waiver

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.339 FS. History–New 1-28-91, Amended 7-29-97, 1-31-00, Repealed 10-2-14.

Fla. Admin. Code R. 25-24.560 Terms and Definitions

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.339 FS. History–New 1-28-91, Amended 7-29-97, Repealed 10-2-14.

Fla. Admin. Code R. 25-24.565 Certificate of Public Convenience and Necessity Required

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.339 FS. History–New 1-28-91, Amended 7-29-97, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.567 Application for Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.339, 364.345 FS. History–New 1-28-91, Amended 5-8-91, 11-20-91, 7-29-97, 1-5-06, 5-29-08, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.568 Improper Use of a Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.339, 364.345 FS. History–New 1-28-91, Amended 7-29-97, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.569 Application for Approval of Sale, Assignment or Transfer of Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.32, 364.33, 364.335, 364.337, 364.339, 364.345 FS. History–New 1-28-91, Amended 11-20-91, 7-29-97, 1-5-06, 5-29-08, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.572 Cancellation of a Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 350.127(1), 364.285, 364.339, 364.345 FS. History–New 1-28-91, Amended 7-29-97, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.575 Shared Tenant Service Operations

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.035, 364.337, 364.339, 364.345 FS. History–New 1-28-91, Amended 7-29-97, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.580 Airport Exemption

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.337, 364.339, 364.345 FS. History–New 1-28-91, Amended 3-11-92, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.585 Rules Incorporated

History

• Rulemaking Authority 350.127(2), 427.704(8) FS. Law Implemented 350.113, 364.016, 364.17, 364.18, 364.183, 364.185, 364.339 FS. History–New 1-28-91, Amended 12-29-91, 11-13-95, 7-29-97, 4-8-98, 12-23-02, 11-16-03, Repealed 2-4-13.

Fla. Admin. Code R. 25-24.600 Application and Scope

History

• Rulemaking Authority 350.127(2), 364.3376(8) FS. Law Implemented 364.01, 364.3376 FS. History–New 9-6-93, Amended 9-10-97, 2-1-99, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.610 Terms and Definitions; Rules Incorporated

History

• Rulemaking Authority 350.127(2), 364.3376(8) FS. Law Implemented 364.01, 364.016, 364.3376 FS. History–New 9-6-93, Amended 9-10-97, 2-1-99, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.620 Service Requirements for Companies Providing Operator Services

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.3376 FS. History–New 9-6-93, Amended 1-16-96, 9-10-97, 2-1-99, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.630 Rate and Billing Requirements

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.3376 FS. History–New 9-6-93, Amended 2-1-99, 9-7-04, 12-15-09, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.640 Service Requirements for Call Aggregators

History

• Rulemaking Authority 350.127(2), 364.3376(5), (8) FS. Law Implemented 364.01, 364.3376 FS. History–New 9-10-97, Amended 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.705 Scope and Waiver

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.337(1), (2), (6) FS. History–New 1-8-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.710 Terms and Definitions

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.02, 364.337 FS. History–New 1-8-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.715 Certificate of Public Convenience and Necessity Required

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.337 FS. History–New 1-8-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.720 Application for Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.337, 364.345 FS. History–New 1-8-95, Amended 1-5-06, 5-29-08, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.721 Tariffs Not Required

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.337 FS. History–New 1-8-95, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.725 Certificates Not Transferable

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.33, 364.335, 364.337, 364.345 FS. History–New 1-8-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.730 Application for Approval of Sale, Assignment, or Transfer of Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.32, 364.33, 364.335, 364.337, 364.345 FS. History–New 1-8-95, Amended 1-5-06, 5-29-08, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.735 Cancellation of a Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 350.127(1), 364.285, 364.337, 364.345 FS. History–New 1-8-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.740 AAV Service Provider Operations; Rules Incorporated

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.337 FS. History–New 1-8-95, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.745 Records and Reports; Rules Incorporated

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.016, 364.17, 364.18, 364.183, 364.185, 364.337 FS. History–New 1-8-95, Amended 11-13-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.747 Notification Requirements

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.337 FS. History–New 1-8-95, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.800 Scope

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.337 FS. History–New 12-27-95, Amended 2-1-99, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.805 Certificate of Public Convenience and Necessity Required

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.337 FS. History–New 12-27-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.810 Application for Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.335 FS. History–New 12-27-95, Amended 1-5-06, 5-29-08, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.815 Application for Approval of Sale, Assignment or Transfer of Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.335, 364.345(2) FS. History–New 12-27-95, Amended 1-5-06, 5-29-08, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.820 Revocation of a Certificate

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.345 FS. History–New 12-27-95, Repealed 12-16-12.

Fla. Admin. Code R. 25-24.825 Price List

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.04, 364.337(5) FS. History–New 12-27-95, Amended 4-8-98, Repealed 2-5-13.

Fla. Admin. Code R. 25-24.830 Consumer Information

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.337(5) FS., Ch. 95-403, § 32, L.O.F. History–New 12-27-95, Amended 4-7-03, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.835 Rules Incorporated

History

• Rulemaking Authority 350.127(2), 364.337(2), 427.704(8) FS. Law Implemented 364.016, 364.183, 364.336, 364.337(2) FS. History–New 12-27-95, Amended 4-8-98, 6-24-99, 8-25-05, Repealed 2-4-13.

Fla. Admin. Code R. 25-24.840 Service Standards

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.03, 364.035, 364.337, 364.3376, 364.345 FS. History–New 5-6-97, Amended 4-7-03, 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.845 Customer Relations

History

• Rulemaking Authority 350.127(2), 364.337(2), 364.604(5) FS. Law Implemented 364.16, 364.337(2), 364.602, 364.603, 364.604 FS. History–New 12-28-98, Amended 7-5-00, 11-16-03, 9-9-04, Repealed 2-5-13.

Fla. Admin. Code R. 25-24.900 Scope

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.02, 364.19, 364.337 FS. History–New 3-26-98, Amended 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.905 Terms and Definitions

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.02, 364.03, 364.051, 364.335, 364.337 FS. History–New 3-26-98, Amended 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.910 Registration or Certificate of Public Convenience and Necessity Required

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.02, 364.33, 364.335, 364.337 FS. History–New 3-26-98, Amended 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.915 Tariffs or Price Lists

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.04, 364.051, 364.057, 364.08, 364.09, 364.10, 364.19, 364.27, 364.337 FS. History–New 3-26-98, Amended 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.920 Standards for Prepaid Calling Services and Consumer Disclosure

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.02, 364.03, 364.04, 364.19 FS. History–New 3-26-98, Amended 8-25-05, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.925 Refunds

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.19 FS. History–New 3-26-98, Repealed 10-13-11.

Fla. Admin. Code R. 25-24.935 Discontinuance of Service

History

• Rulemaking Authority 350.127(2) FS. Law Implemented 364.01, 364.19 FS. History–New 3-26-98, Repealed 10-13-11.

Chapter 25-25 PURCHASING - GENERAL PURCHASING PROCEDURES

Fla. Admin. Code R. 25-25.001 Purpose

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.01, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.002 Intent

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.02, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.003 Definitions

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.03, Amended 12-24-86, 8-15-90, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.004 Procurement Organization

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603, 350.127(3) FS. History–New 4-12-83, Formerly 25-25.04, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.005 Delegation of Authority

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.05, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.006 Formal Bids Required

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.06, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.0061 Purchasing Threshold Amounts and Procedures for Automatic Annual Adjustments

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 12-24-86, Amended 6-19-95, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.007 Legal Advertisements

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.07, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.008 Contracts for Class B Printing

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.08, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.009 Source Selection, Bid Openings and Contract Awards

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.09, Amended 12-24-86, 6-19-95, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.010 Single Source Procurement

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.10, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.011 Emergency Procurement

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.11, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.012 Responsibility of Bidders and Offerors

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.12, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.013 Multi-term Contracts

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.13, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.014 Cancellation Clause

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.14, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.015 Installment Sale and Purchase Contracts

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.15, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.016 Exemptions from Competitive Bid Requirements

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.16, Amended 12-24-86, 6-19-95, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.017 Bid Borrowing

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.17, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.018 Use of the Terms “or equivalent” and “no substitute.”

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.18, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.019 Purchases Not Requiring Formal Bids

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.19, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.020 Determinations

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.20, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.021 Protest of Commission Decision

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.21, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.022 Acquisition of Printing, Duplicating and Reproduction Equipment

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.22, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.023 Vendors and Suppliers

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.23, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.024 Contractual Services

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-24.24, Amended 12-24-86, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.025 Minority Business Companies

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 4-12-83, Formerly 25-25.25, Repealed 9-27-22.

Fla. Admin. Code R. 25-25.030 Leases for Real Property

History

• Rulemaking Authority 350.0603, 350.127(2) FS. Law Implemented 350.0603 FS. History–New 8-15-90, Repealed 9-27-22.

Chapter 25-30 WATER AND WASTEWATER UTILITY RULES

Fla. Admin. Code R. 25-30.010 Rules for General Application

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 2-3-70, Amended 9-12-74, Formerly 25-10.01, 25-10.001, Amended 1-31-00, Repealed 9-2-26.

Fla. Admin. Code R. 25-30.011 Application and Scope

(1) These rules and regulations shall, as appropriate, apply to all water systems and/or wastewater systems which are now, or may hereafter be, subject to the jurisdiction of the Florida Public Service Commission. They are intended to define and promote good utility practices, adequate and efficient service to the public at reasonable cost, and to establish the rights and responsibilities of both the utility and the customer.

(2) No deviation from these rules shall be permitted unless authorized in writing by the Commission.

(3) It is not intended that any rule or regulation contained herein shall supersede or conflict with an applicable regulation of the Department of Health (DH) or the Department of Environmental Protection (DEP). Compliance by a utility with the regulations of the DH or DEP on a particular subject matter shall constitute compliance with such of these rules as relate to the same subject matter except as otherwise ordered by the Commission.

(4) The adoption of these rules shall not in any way relieve any utility from any of its duties under the laws of this state.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121(1) FS. History–New 9-12-74, Formerly 25-10.14, 25-10.014, Amended 11-10-86, 1-31-00.

Fla. Admin. Code R. 25-30.020 Fees Required to be Paid by Water and Wastewater Utilities

(1) When a utility files any application for a certificate of authorization pursuant to Sections 367.045, 367.071 and 367.171, F.S., or files any request for a rate change pursuant to Sections 367.081, 367.0814 and 367.0822, F.S. (except an index or pass-through), or files for authorization to collect or change service availability charges pursuant to Section 367.101, F.S., the utility shall remit a fee to the Commission’s Division of Administrative and Information Technology Services. A separate fee shall apply for water service and wastewater service. A separate fee shall also apply for each section listed above. For purposes of this rule, capacity is determined by combining the capacities of all systems included in the application. For purposes of this rule, an equivalent residential connection (ERC) is 350 gallons per day (gpd) for water service and 280 gallons per day (gpd) for wastewater service.

(2) The amount of the fee to be filed pursuant to subsection (1) of this rule shall be as follows:

(a) For an original certificate application filed pursuant to Section 367.045, F.S., the amount of the fee shall be as follows:

1. For utilities with the existing or proposed capacity to serve up to 500 ERCs, $750;

2. For utilities with the existing or proposed capacity to serve from 501 to 2,000 ERCs, $1,500;

3. For utilities with the existing or proposed capacity to serve from 2,001 to 4,000 ERCs, $2,250;

4. For utilities with the existing or proposed capacity to serve more than 4,000 ERCs, $3,000.

(b) For an application for extension or deletion of territory filed pursuant to Section 367.045, F.S., the amount of the fee shall be as follows:

1. For applications in which the area to be extended or deleted has the proposed capacity to serve up to 100 ERCs, $100;

2. For applications in which the area to be extended or deleted has the proposed capacity to serve from 101 to 200 ERCs, $200;

3. For applications in which the area to be extended or deleted has the proposed capacity to serve from 201 to 500 ERCs, $500;

4. For applications in which the area to be extended or deleted has the proposed capacity to serve from 501 to 2,000 ERCs, $1,000;

5. For applications in which the area to be extended or deleted has the proposed capacity to serve from 2,001 to 4,000 ERCs, $1,750;

6. For applications in which the area to be extended or deleted has the proposed capacity to serve more than 4,000 ERCs, $2,250.

(c) For an application for transfer or change in majority organizational control filed pursuant to Section 367.071, F.S., the amount of the fee shall be as follows:

1. For applications in which the utility to be transferred has the capacity to serve up to 500 ERCs, $750;

2. For applications in which the utility to be transferred has the capacity to serve from 501 to 2,000 ERCs, $1500;

3. For applications in which the utility to be transferred has the capacity to serve from 2,001 to 4,000 ERCs, $2,250;

4. For applications in which the utility to be transferred has the capacity to serve more than 4,000 ERCs, $3,000.

(d) For an application for a grandfather certificate filed pursuant to Section 367.171, F.S., the amount of the fee shall be as follows:

1. For applications in which the utility has the capacity to serve up to 100 ERCs, $100;

2. For applications in which the utility has the capacity to serve from 101 to 200 ERCs, $200;

3. For applications in which the utility has the capacity to serve from 201 to 500 ERCs, $500;

4. For applications in which the utility has the capacity to serve from 501 to 2,000 ERCs, $1,000;

5. For applications in which the utility has the capacity to serve from 2,001 to 4,000 ERCs, $1,750;

6. For applications in which the utility has the capacity to serve more than 4,000 ERCs, $2,250.

(e) For file and suspend rate cases filed pursuant to Section 367.081, F.S., the amount of the fee shall be as follows:

1. For utilities with the existing capacity to serve up to 500 ERCs, $1,000;

2. For utilities with the existing capacity to serve from 501 to 2,000 ERCs, $2,000;

3. For utilities with the existing capacity to serve from 2,001 to 4,000 ERCs, $3,500;

4. For utilities with the existing capacity to serve more than 4,000 ERCs, $4,500.

(f) For staff-assisted rate cases filed pursuant to Section 367.0814, F.S., the amount of the fee shall be as follows:

1. For utilities with the existing capacity to serve up to 100 ERCs, $200;

2. For utilities with the existing capacity to serve from 101 to 200 ERCs, $500;

3. For utilities with the existing capacity to serve more than 200 ERCs, $1,000.

(g) For an application for a limited proceeding pursuant to Section 367.0822, F.S., the amount of the fee shall be as follows:

1. For utilities with the existing capacity to serve up to 100 ERCs, $100;

2. For utilities with the existing capacity to serve from 101 to 200 ERCs, $200;

3. For utilities with the existing capacity to serve from 201 to 500 ERCs, $500;

4. For utilities with the existing capacity to serve from 501 to 2,000 ERCs, $1,000;

5. For utilities with the existing capacity to serve from 2,001 to 4,000 ERCs, $1,750;

6. For utilities with the existing capacity to serve more than 4,000 ERCs, $2,250.

(h) For an application for approval of charges or conditions for service availability filed pursuant to Section 367.101, F.S., the amount of the fee shall be as follows:

1. For utilities with existing and proposed capacity to serve up to 100 ERCs, $100;

2. For utilities with existing and proposed capacity to serve from 101 to 200 ERCs, $200;

3. For utilities with existing and proposed capacity to serve from 201 to 500 ERCs, $500;

4. For utilities with existing and proposed capacity to serve from 501 to 2,000 ERCs, $1,000;

5. For utilities with existing and proposed capacity to serve from 2,001 to 4,000 ERCs, $1,750;

6. For utilities with existing and proposed capacity to serve more than 4,000 ERCs, $2,250.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 367.045(1)(d), (2)(e), 367.071(3), 367.081(5), 367.0814(2), 367.0822(2), 367.101(2), 367.145, 367.171(2)(b) FS. History–New 10-29-80, Formerly 25-10.11, 25-10.011, Amended 11-10-86, 11-30-93.

Fla. Admin. Code R. 25-30.025 Official Date of Filing

(1) The “official date of filing” is the date on which the Director of the division that has been assigned the primary responsibility for the filing determines the utility has filed completed sets of the minimum filing requirements (MFRs), including testimony that may be required by subsection 25-30.436(2), F.A.C., and payment of the appropriate filing fee to the Office of the Commission Clerk.

(2) The Director of the division that has been assigned the primary responsibility for the filing will determine the official date of filing for any utility’s application and advise the applicant. The Commission will resolve any dispute regarding the official date of filing.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 367.083 FS. History–New 3-26-81, Formerly 25-10.12, 25-10.012, Amended 11-10-86, 11-30-93, 12-8-21.

Fla. Admin. Code R. 25-30.029 Legal Description of Service Area

(1) The utility shall provide a legal description of the service area to be served, extended, deleted, or transferred in the following applications:

(a) An original certificate of authorization and initial rates and charges as provided in Rule 25-30.033, F.A.C.;

(b) An original certificate of authorization for an existing utility currently charging for service provided in Rule 25-30.034, F.A.C.;

(c) An original certificate of authorization following rescission of jurisdiction by a county as provided in Rule 25-30.035, F.A.C.;

(d) An extension of service area as provided in subsection 25-30.036(2) or (3), F.A.C.;

(c) A deletion of service area as provided in subsection 25-30.036(4), F.A.C.;

(f) A transfer of a regulated utility to another regulated utility as provided in subsection 25-30.037(2), F.A.C.;

(g) A transfer of an exempt entity to a regulated utility or transfer of a utility in a nonjurisdictional county to a regulated utility as provided in subsection 25-30.037(3), F.A.C.;

(h) A transfer of majority organizational control of a regulated utility as provided in subsection 25-30.037(4), F.A.C.;

(i) A transfer of a regulated utility to an exempt entity other than a governmental authority as provided in subsection 25-30.037(5), F.A.C.; or

(j) A partial transfer of a regulated utility to a governmental authority as provided in subparagraph 25-30.038(2)(h)2., F.A.C.

(2) The legal description of the service area to be served, extended, deleted or transferred shall identify:

(a) A reference to township(s), range(s), land section(s), and county(s); and,

(b) A complete and accurate description of the service area to be served, added, deleted, or transferred. The description may reference interstates, state roads, local streets, and major bodies of water, but shall not rely on references to government lots, recorded plats or lots, tracts, or other recorded instruments. The description shall be provided in one of the following formats:

1. Sections. If the service area includes complete sections, the description shall only include the township, range, and Section reference. If the service area includes partial Sections, the description shall identify the subsections to be included or excluded.

2. Metes and bounds. The description shall identify a point of beginning which is referenced from either a section corner or a subsection corner, such as a quarter corner. The perimeter shall be described by traversing the service area boundary and closing at the point of beginning. The description shall identify all bearings and distances necessary to provide continuous description.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 367.045, 367.071 FS. History‒New 1-4-16.

Fla. Admin. Code R. 25-30.030 Notice of Application and of Customer Meeting

(1) A utility shall provide notice of its application in the manner and to the entities described in this rule when it applies for any of the following:

(a) An original certificate of authorization and initial rates and charges as provided in Rule 25-30.033, F.A.C.;

(b) An original certificate of authorization for existing utility currently charging for service as provided in Rule 25-30.034, F.A.C.;

(c) An extension of service area as provided in subsection 25-30.036(2) or (3), F.A.C.;

(d) A deletion of service area as provided in subsection 25-30.036(4), F.A.C.;

(e) A transfer of a regulated utility to another regulated utility as provided in subsection 25-30.037(2), F.A.C.;

(f) A transfer of an exempt entity to a regulated utility or transfer of a utility in a nonjurisdictional county to a regulated utility as provided in subsection 25-30.037(3), F.A.C.;

(g) A transfer of majority organizational control of a regulated utility as provided in subsection 25-30.037(4), F.A.C.; or

(h) A transfer of a regulated utility to an exempt entity other than a governmental authority as provided in subsection 25-30.037(5), F.A.C.

(2) After filing an application as described in subsection (1), above, and before providing notice in accordance with this section, a utility shall obtain from the Commission staff a list of the names and addresses of the governing body of the county(ies) or municipality(ies) affected, the appropriate regional planning council, the Office of Public Counsel, the Commission’s Office of Commission Clerk, the appropriate regional office of the Department of Environmental Protection, the appropriate water management district, and privately-owned water and wastewater utilities that hold a certificate granted by the Commission and that are located within the county in which the utility or the territory proposed to be served is located. If any portion of the proposed territory is within one mile of a county boundary, the list shall include the names and addresses of the privately-owned utilities located in the bordering county and holding a certificate granted by the Commission.

(3) The notice shall be titled, as applicable:

(a) Notice of Application for Original Certificate of Authorization and Initial Rates and Charges for Water, Wastewater, or Water and Wastewater Service;

(b) Notice of Application for Original Certificate of Authorization for Existing Utility Currently Charging for Water, Wastewater, or Water and Wastewater Service;

(c) Notice of Application for Amendment to Certificate of Authorization To Extend Service Area;

(d) Notice of Application for Amendment to Certificate of Authorization To Delete Service Area;

(e) Notice of Application for Authority to Transfer Water, Wastewater, or Water and Wastewater Certificate(s) of Authorization to Another Regulated Utility;

(f) Notice of Application for Authority to Transfer an Exempt Entity to a Regulated Utility or Transfer of a Utility in a Non-jurisdictional County To a Regulated Utility That Results in a System Whose Service Transverses County Boundaries;

(g) Notice of Application for Authority to Transfer Majority Organizational Control of a Regulated Utility; or

(h) Notice of Application for Authority to Transfer a Regulated Utility to an Exempt Entity Other than a Governmental Authority.

(4) The Notice of Application shall be provided to the Office of Commission Clerk, for Commission staff approval prior to distribution and shall state the following:

(a) The date the notice is given;

(b) The name, address, telephone number, and, if available, email address, and fax number of the applicant;

(c) The common name of developments served by the utility;

(d) The application docket number and title, if available;

(e) The common reference of street names bordering the area served by the utility, if applicable;

(f) A description of the service area proposed to be served, extended, deleted, or transferred as provided by Rule 25-30.029, F.A.C. An abbreviated description using section, township, and range of the subject service area may be provided so long as the notice contains a disclosure that the legal description has been simplified and that a complete legal description can be obtained from the applicant;

(g) If applicable, the notice shall include a statement that the utility is not requesting any changes to its rates, classifications, charges, rules, and regulations in the application; and,

(h) A statement that any objections to the application must be filed with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, no later than 30 days after the last date that the notice was mailed or published.

(5) The utility shall provide notice of the service area proposed to be served, extended, deleted, or transferred as follows:

(a) By regular mail to the governmental entities and utilities identified on the list described in subsection (2) above;

(b) By regular mail or personal service to each customer and owner of property located within the existing service area and the service area to be served, extended, deleted or transferred; and,

(c) By publication in a newspaper of general circulation in the proposed service area. If the utility service area crosses county lines, notice shall be published in a newspaper of general circulation in each county.

(6) All applications requiring noticing shall be deemed deficient until affidavits of noticing required by Sections 367.045(1)(e) and (2)(f), F.S., along with a copy of the notice, are filed with the Office of Commission Clerk. The affidavits shall attest that the notices were given as prescribed in paragraphs (5)(a), (b), and (c) above. The applicant shall obtain the affidavit of notice publication, pursuant to paragraph (5)(c), above, from the newspaper(s).

(7) No less than 14 days and no more than 30 days prior to the date of a customer meeting conducted by the Commission staff, the utility shall provide written notice of the date, time, location, and purpose of the customer meeting to all customers within the affected service areas. The notice shall be approved by the Commission staff prior to distribution. The notice shall be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(8) This rule does not apply to applications for certificates following rescission of jurisdiction by counties filed under Section 367.171, F.S.; transfers to governmental authorities filed under Section 367.071, F.S.; or abandonments filed under Section 367.165, F.S.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 367.031, 367.045, 367.071 FS. History–New 4-5-81, Formerly 25-10.061, 25-10.0061, Amended 11-10-86, 1-27-91, 11-30-93, 1-4-16.

Fla. Admin. Code R. 25-30.031 Written Objection

(1) A written objection to a Notice of Application is timely if it is filed within 30 days after the last day that the Notice is mailed or published by the applicant, whichever is later.

(2) A written objection must state the grounds for the objection with particularity.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 367.045 FS. History–New 11-10-86, Amended 1-27-91.

Fla. Admin. Code R. 25-30.032 Combined Applications

A utility may file a combined application for multiple certificate actions for both water and wastewater systems; however, the utility shall remit a separate application fee for each action and system. The Commission will treat a combined application as if a separate application had been filed for each action and system.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.031, 367.045, 367.071 FS. History–New 1-27-91, Amended 11-30-93, 5-29-08, 1-4-16.

Fla. Admin. Code R. 25-30.033 Application for Original Certificate of Authorization and Initial Rates and Charges

(1) Each applicant for an original certificate of authorization and initial rates and charges must file with the Commission Clerk the information set forth in paragraphs (a) through (q). Form PSC 1001 (06/26), entitled “Application for Original Certificate of Authorization for a Proposed or Existing System Requesting Initial Rates and Charges,” incorporated by reference in this rule and available at https://flrules.org/Gateway/reference.asp?No=Ref-19629, 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 at 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 must 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 must 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 must be for the preceding calendar or fiscal year. The financial statement must be prepared in accordance with Rule 25-30.115, F.A.C. If available, a statement of the sources and uses of funds must 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 must 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 must 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 must 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 must 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 must 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 must 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 must 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. To satisfy this requirement, 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 must 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 must provide:

1. The existing and projected cost of the system(s) and associated depreciation by year until design capacity is reached using the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C. The applicant must identify the year that 80 percent of design capacity is anticipated. If the utility will be built in phases, this applies 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 the assumptions regarding customer-growth projections, using the same projections used in subparagraph (1)(k)1. above, for the proposed service area. The projected CIAC must 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 must be consistent with the service-availability policy and the 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 applies 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 applies 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, incorporated by reference in Rule 25-30.115, F.A.C. If the utility will be built in phases, this applies 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 must be consistent with Chapter 25-9, F.A.C. Form PSC 1010 (06/26), entitled “Water Tariff,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19634, and Form PSC 1011 (06/26), entitled “Wastewater Tariff,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19635, 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 at www.floridapsc.com.

(2) The base facility and usage rate structure, as defined in subsection 25-30.437(5), F.A.C., must be utilized for metered service, unless an alternative rate structure is supported by the applicant and authorized by the Commission.

(3) A return on common equity must be established using the current equity leverage formula established by order of this Commission pursuant to Section 367.081(4), F.S., unless there is competent substantial evidence supporting the use of a different return on common equity.

(4) Utilities obtaining original certificates of authorization pursuant to this rule are authorized to accrue allowance for funds used during construction (AFUDC) for projects found eligible pursuant to subsection 25-30.116(1), F.A.C.

(a) The applicable AFUDC rate will be determined as the utility’s projected weighted cost of capital as demonstrated in its application for original certificate and initial rates and charges.

(b) A discounted monthly AFUDC rate calculated in accordance with subsection 25-30.116(3), F.A.C., will be used to ensure that the annual AFUDC charged does not exceed authorized levels.

(c) The date the utility begins to charge the AFUDC rate must be the date the certificate of authorization is issued to the utility so that such rate can apply to the initial construction of the utility facilities.

History

• Rulemaking Authority 350.127(2), 367.121, 367.1213 FS. Law Implemented 367.031, 367.045, 367.1213 FS. History–New 1-27-91, Amended 11-30-93, 1-4-16, 9-3-26.

Fla. Admin. Code R. 25-30.034 Application for Original Certificate of Authorization for Existing Utility Currently Charging for Service

(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.

(2) If the applicant is requesting any territory not served at the time of application, provide the following:

(a) To demonstrate the need for service in the proposed area, the applicant shall provide the following:

1. The number of customers proposed to be served, by customer class and meter size, including a description of the types of customers 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; and,

2. A copy of all requests for service from property owners or developers in areas not currently served;

(b) 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 described in paragraph (2)(a) above; and,

(c) Any known land use restrictions, such as environmental restrictions imposed by governmental authorities.

History

• Rulemaking Authority 350.127(2), 367.121(1), 367.1213 FS. Law Implemented 367.045, 367.1213 FS. History–New 1-27-91, Amended 11-30-93, 1-4-16.

Fla. Admin. Code R. 25-30.035 Application for Original Certificate of Authorization Following Rescission of Jurisdiction by a County

(1) Each applicant for an original certificate of authorization following rescission of jurisdiction by a county under the provisions of Section 367.171, F.S., (commonly known as the grandfather provision), shall file with the Commission Clerk one original of the information set forth in subsections (2) through (16), below. Form PSC 1003 (12/15), entitled “Application for Original Certificate of Authorization Following Rescission of Jurisdiction by a County (Grandfather Certificate),” which is incorporated by reference in this rule and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06240, 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 may also be obtained from the Commission’s website, www.floridapsc.com;

(2) A filing fee pursuant to paragraph 25-30.020(2)(d), F.A.C.;

(3) The utility’s name, address, telephone number, Federal Employer Identification Number, authorized representative, and, if available, email address and fax number;

(4) 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:

(a) The utility’s business name and registration/document number for the business, unless operating as a sole proprietor; and,

(b) The utility’s fictitious name and registration number for the fictitious name, if operating under a fictitious name;

(5) 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;

(6) 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;

(7) The date the utility was established;

(8) A description of the types of customers served, i.e., single family homes, mobile homes, duplexes, golf course clubhouse, or commercial;

(9) 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;

(10) A legal description of the proposed service area in the format prescribed in Rule 25-30.029, F.A.C. The utility must provide documentation of the territory the utility was serving, or was authorized to serve, from the county which had jurisdiction over the utility on the day Chapter 367, F.S., became applicable to the utility;

(11) Documentation of the utility’s right to access and continued 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;

(12) Documentation, or if no documentation exists, a statement, specifying on what date and under what authority the current rates and charges were established;

(13) 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;

(14) 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 subsection (10) above. Any territory not served at the time of the application shall be specifically identified. The map shall be of sufficient scale and detail to enable correlation with the description of the territory to be served;

(15) 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 subsection (10), above; and,

(16) A copy of all current permits issued by the Department of Environmental Protection and water management district.

History

• Rulemaking Authority 350.127(2), 367.121, 367.1213 FS. Law Implemented 367.1213, 367.171 FS. History–New 7-21-65, Amended 1-7-69, 2-3-70, 3-6-71, 9-12-74, 3-26-81, Formerly 25-10.02, 25-10.002, Amended 11-10-86, 1-27-91, 11-30-93, 1-4-16.

Fla. Admin. Code R. 25-30.036 Application for Amendment to Certificate of Authorization to Extend or Delete Service Area

(1) This rule applies to any certificated water or wastewater utility that proposes to extend its service territory into an area in which there is no existing water or wastewater system or proposes to delete a portion of its service territory. Form PSC 1004 (12/15) entitled “Application for Amendment of Certificate (Extension, Quick Take Extension, or Deletion),” which is incorporated by reference in this rule and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06241, is an example application that may be completed by the applicant and filed with the Office of Commission Clerk to comply with subsection (2), (3), or (4), below. This form may also be obtained from the Commission’s website, www.floridapsc.com.

(2) Each utility proposing to extend its service area (except applications filed pursuant to subsection (3), below), shall file with the Commission Clerk one original of the information set forth in paragraphs (a) through (q).

(a) A filing fee pursuant to paragraph 25-30.020(2)(b), F.A.C.;

(b) Proof of Noticing pursuant to Rule 25-30.030, F.A.C.;

(c) The utility’s certificated name, address, telephone number, Federal Employer Identification Number, authorized representative, and, if available, email address and fax number;

(d) To demonstrate the need for service in the proposed area, the applicant must 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 anticipated to be served, i.e., single family homes, mobile homes, duplexes, golf course clubhouse, or commercial;

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;

(e) If the utility is planning to build a new water or wastewater treatment plant to serve the proposed territory, provide documentation of the utility’s right to access and continued use of the land upon which the new utility treatment facilities that will serve the proposed territory 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 that the applicant files a recorded copy within the time required in the order granting the amendment to the certificate of authorization;

(f) A legal description of the territory proposed to be served, in the format prescribed in Rule 25-30.029, F.A.C. In addition, if the extension of territory is adjacent to existing territory, provide a legal description of the resulting territory including both existing and expanded portions in the format prescribed in Rule 25-30.029, F.A.C.;

(g) A detailed system map showing the proposed lines and treatment facilities, with the territory proposed to be served plotted thereon, consistent with the legal description provided in paragraph (2)(f), above. If the territory to be served is adjacent to the utility’s existing territory, provide a complete map showing both existing and expanded territories. The map shall be of sufficient scale and detail to enable correlation with the description of the territory;

(h) 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 paragraph (2)(f), above;

(i) A statement describing the capacity of the existing lines, the capacity of the existing treatment facilities, and the design capacity of the proposed extension;

(j) A copy of all current permits issued by the Department of Environmental Protection and by the water management district;

(k) A copy of the most recent DEP and/or county health department sanitary survey, compliance inspection report, and secondary standards drinking water report;

(l) 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 response to the same, for the past five years;

(m) A detailed statement regarding the proposed method of financing the construction and the projected impact on the utility’s capital structure;

(n) A statement regarding the projected impact of the extension on the utility’s monthly rates and service availability charges;

(o) All tariff pages that reflect the additional proposed service area, 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;

(p) The number of the most recent order of the Commission establishing or changing the applicant’s rates and charges; and,

(q) An affidavit that the utility has tariffs and annual reports on file with the Commission.

(3) A request for service territory extension and amendment of an existing certificate (commonly known as a “quick take” amendment) shall be considered approved under the following conditions if no protest is timely filed to the notice of application:

(a) The utility has provided a written statement that the proposed new territory includes a maximum of 25 equivalent residential connections within such territory at the time the territory is at buildout. In addition, the statement must include a description of the types of customers anticipated to be served by the extension, i.e., single family homes, mobile homes, duplexes, golf course clubhouse, or commercial;

(b) The utility has provided a written statement that, upon investigation;

1. There is no other utility in the area of the proposed territory that is willing and capable of providing reasonably adequate service to the new territory; and,

2. The person(s) or business(es) requesting water or wastewater service have demonstrated to the utility that service is necessary because (1) a private well has been contaminated or gone dry, (2) a septic tank has failed, or (3) service is otherwise not available; and,

(c) The utility has filed an application which meets the requirements of paragraphs (2)(a), (b), (c), (e), (f), (h), (j), (o), (p) and (q), above.

(4) Each utility proposing to delete a portion of its service area shall file with the Commission Clerk one original of the information set forth in paragraphs (4)(a) through (k), below:

(a) A filing fee pursuant to paragraph 25-30.020(2)(b), F.A.C.;

(b) Proof of noticing pursuant to Rule 25-30.030, F.A.C.;

(c) The utility’s name, address, telephone number, authorized representative, and, if available, email address and fax number. The utility’s name should reflect the business and/or fictitious name(s) registered with the Department of State’s Division of Corporations;

(d) A statement specifying the reasons for the proposed deletion of territory;

(e) A legal description of the territory proposed to be deleted and a legal description of the remaining territory in the format prescribed in Rule 25-30.029, F.A.C.;

(f) A detailed system map with the territory proposed to be deleted and retained plotted thereon, consistent with the legal description provided in paragraph (e), above. The map shall show existing lines and treatment facilities in the area retained and shall be of sufficient scale and detail to enable correlation with the description of the territory;

(g) 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 territory proposed to be deleted plotted thereon, consistent with the legal description provided in paragraph (e), above;

(h) The number of current active connections within the territory to be deleted, as well as the number of connections retained. For each active connection in the area to be deleted, if any, the statement must detail the effect of the proposed deletion on the ability of those customers to receive water and wastewater services, including alternative source(s) of service;

(i) All tariff pages that reflect the revised service area, 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;

(j) The number of the most recent order of the Commission establishing or changing the applicant’s rates and charges; and,

(k) An affidavit that the utility has tariffs and annual reports on file with the Commission.

History

• Rulemaking Authority 350.127(2), 367.121, 367.1213 FS. Law Implemented 367.045, 367.1213 FS. History–New 1-27-91, Amended 11-30-93, 1-4-16.

Fla. Admin. Code R. 25-30.037 Application for Authority to Transfer

(1) This rule applies to any application for the transfer of an existing water or wastewater utility, regardless of whether service is currently being provided. The application for transfer may result in the transfer or cancellation of the seller’s existing certificate, amendment of the buyer’s existing certificate or granting of an original certificate to the buyer, or a transfer of majority organizational control of the utility.

(a) If a transfer occurs prior to Commission approval, the utility must submit an application for authority to transfer no later than 90 days after the sale closing date.

(b) When a utility applies for any of the following transfer authorizations by the Commission, it must provide its application as prescribed in the appropriate subsection below:

1. A transfer of a regulated utility to another regulated utility must be pursuant to subsection (2) below;

2. A transfer of an exempt entity to a regulated utility must be pursuant to subsection (3) below;

3. A transfer of a utility in a nonjurisdictional county to a regulated utility that results in a system whose service transverses county boundaries must be pursuant to subsection (3) below;

4. A change of majority organizational control of a regulated utility must be pursuant to subsection (4) below; or

5. A transfer of a regulated utility to an exempt entity other than a governmental authority must be pursuant to subsection (5) below.

(c) Form PSC 1005 (06/26), entitled “Application for Transfer of Certificates or Facilities from a Regulated Utility to Another Regulated Utility,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19630, Form PSC 1006 (06/26), entitled “Application for Transfer of an Exempt Entity to a Regulated Utility, or Transfer of a Utility in a Non-jurisdictional County to a Regulated Utility That Results in a System Whose Service Transverses County Boundaries,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19631, Form PSC 1007 (06/26), entitled “Application for a Transfer of Majority Organizational Control of a Regulated Utility,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19632, and Form PSC 1008 (06/26), entitled “Application for Transfer of Facilities from a Regulated Utility to an Exempt Entity Other Than a Governmental Authority,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19633, are example applications that may be completed by the applicant and filed with the Office of Commission Clerk to comply with subsection (2), (3), (4), or (5) below, respectively. These forms may also be obtained from the Commission’s website at www.floridapsc.com.

(2) Transfer of a regulated utility to another regulated utility. Each applicant for transfer of certificate of authorization, facilities or any portion thereof from a regulated utility to another regulated utility must file with the Commission Clerk the information set forth in paragraphs (a) through (v) below.

(a) A filing fee pursuant to paragraph 25-30.020(2)(c), F.A.C.;

(b) Proof of noticing pursuant to Rule 25-30.030, F.A.C.;

(c) The certificated name, address, telephone number, certificate number(s), authorized representative, and, if available, the email address and fax number of the utility/seller;

(d) The complete name, address, telephone number, Federal Employer Identification Number, authorized representative and, if available, the email address and fax number of the buyer(s) and the new name of the utility if the buyer plans to operate under a different name;

(e) The name, address, telephone number, and if available, the email address and fax number of the person in possession of the books and records when the application is filed;

(f) The nature of the buyer’s business organization, i.e., corporation, limited liability company, partnership, limited partnership, sole proprietorship, or association. The buyer must provide documentation from the Florida Department of State, Division of Corporations, showing:

1. The utility’s/buyer’s business name and registration/document number for the business, unless operating as a sole proprietor, and

2. The utility’s/buyer’s fictitious name and registration number for the fictitious name, if operating under a fictitious name;

(g) The name(s), address(es) and percentage of ownership of each entity or person that owns or will own more than a 5 percent interest in the utility;

(h) The date and state of incorporation or organization of the buyer;

(i) A copy of the contract for sale and all auxiliary or supplemental agreements. If the sale, assignment, or transfer occurs prior to Commission approval, the contract must include a provision stating that the contract is contingent upon Commission approval;

(j) The buyer must provide the following documentation of the terms of the transfer:

1. The date the closing occurred or will occur;

2. The purchase price and terms of payment;

3. A list of and the dollar amount of the assets purchased and liabilities assumed or not assumed, including those of nonregulated operations or entities;

4. A description of all consideration between the parties, including promised salaries, retainer fees, stock, stock options, and assumption of obligations;

5. Provisions for the disposition, where applicable, of customer deposits and interest thereon, guaranteed revenue contracts, developer agreements, customer advances, debt of the utility, and leases;

6. A statement that the buyer will fulfill the commitments, obligations and representations of the seller with regard to utility matters;

7. A statement that the buyer has or will obtain the books and records of the seller, including all supporting documentation for rate base additions since the last time rate base was established for the utility;

8. A statement that the utility’s books and records will be maintained using the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C.; and

9. A statement that the utility’s books and records will be maintained at the utility’s office(s) within Florida, or that the utility will comply with the requirements of paragraphs 25-30.110(1)(b) and (c), F.A.C., regarding maintenance of utility records at another location or out-of-state. If the records will be maintained at the utility’s office(s), the statement should include the location where the utility intends to maintain the books and records;

(k) A statement explaining why the transfer is in the public interest;

(l) To demonstrate the financial ability of the buyer to maintain and operate the acquired utility, the buyer must provide:

1. A detailed financial statement (balance sheet and income statement), audited if available, of the financial condition of the applicant, that shows all assets and liabilities of every kind and character. The financial statements must be for the preceding calendar or fiscal year. The financial statement must be prepared in accordance with Rule 25-30.115, F.A.C. If available, a statement of the sources and uses of funds must also be provided; and

2. A list of all entities, including affiliates, upon which the buyer 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 must 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;

(m) To demonstrate the technical ability of the buyer to provide service, the buyer must provide:

1. An explanation of the buyer’s experience in the water or wastewater industry; and

2. The buyer’s plans for ensuring continued operation of the utility, such as retaining the existing plant operator(s) and office personnel, or contracting with outside entities;

(n) A legal description of the proposed service area in the format prescribed in Rule 25-30.029, F.A.C.;

(o) The proposed net book value of the system as of the date of the proposed transfer, and a statement setting out the reasons for the inclusion of an acquisition adjustment, if one is requested. If rate base has been established by this Commission, the buyer must provide the docket, and the order number and a schedule of all subsequent changes to rate base;

(p) A statement from the buyer that it has obtained or will obtain copies of all of the federal income tax returns of the seller from the date the utility was first established or the rate base was last established by the Commission, whichever is later. If the tax returns have not been obtained, the buyer must provide a description of the steps taken to obtain the tax returns;

(q) A statement from the buyer that after reasonable investigation, the system being acquired appears to be in satisfactory condition and in compliance with all applicable standards set by the Department of Environmental Protection (DEP) or, if the system is in need of repair or improvement, has any outstanding Notice of Violation of any standard set by the DEP or any outstanding consent orders with the DEP, the buyer must provide a description of the repairs or improvements that have been identified, the governmental authority that required the repairs or improvements, if applicable, the approximate cost to complete the repairs or improvements, and any agreements between the seller and buyer regarding who will be responsible for any identified repairs or improvements;

(r) The applicant must provide the following documents:

1. A copy of the utility’s current permits from the DEP and the water management district;

2. A copy of the most recent DEP and/or county health department sanitary survey, compliance inspection report, and secondary standards drinking water report;

3. A copy of all of the utility’s 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; and

4. A copy of all customer complaints that the utility has received regarding DEP secondary water quality standards during the past five years;

(s) Documentation of the utility’s right to access and continued use of the land upon which the utility treatment facilities are located. Documentation of continued use must 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. To comply with this requirement, 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 that the applicant files a recorded copy within the time required in the order granting the transfer;

(t) A statement regarding the disposition of outstanding regulatory assessment fees, fines, or refunds owed and which entity will be responsible for paying regulatory assessment fees and filing the annual report for the year of the transfer and subsequent years;

(u) Tariff sheets reflecting any changes resulting from the transfer. Form PSC 1010 (06/26), entitled “Water Tariff” and Form PSC 1011 (06/26), 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 are also available on the Commission’s website at www.floridapsc.com; and

(v) If the buyer owns other water or wastewater utilities that are regulated by the Commission, provide a schedule reflecting any economies of scale that are anticipated to be achieved within the next three years and the effect on rates for existing customers served by both the utility being purchased and the buyer’s other utilities.

(3) The transfer of an exempt entity to a regulated utility, or transfer of a utility in a nonjurisdictional county to a regulated utility that results in a system whose service transverses county boundaries, each applicant must file with the Commission the information set forth in paragraphs (a) through (f) below:

(a) A combined filing fee pursuant to paragraphs 25-30.020(2)(b) and (c), F.A.C.;

(b) Proof of noticing pursuant to Rule 25-30.030, F.A.C.;

(c) The requirements of paragraphs (2)(c) through (v) above;

(d) The requirements of paragraphs 25-30.036(2)(h) and (i), F.A.C.;

(e) An explanation of when and under what authority the current rates and charges of the exempt entity or utility in a nonjurisdictional county were established, if applicable; and

(f) An explanation of how the seller is either exempt pursuant to Section 367.022, F.S., or is a utility in a nonjurisdictional county.

(4) A transfer of majority organizational control of a regulated utility. Each applicant for a transfer of majority organizational control must file with the Commission the information set forth in paragraphs (a) through (d) below:

(a) A filing fee pursuant to paragraph 25-30.020(2)(c), F.A.C.;

(b) Proof of noticing pursuant to Rule 25-30.030, F.A.C.;

(c) The requirements of paragraphs (2)(c), (d), (f), (i), (j), (k), (l), (m), (q), (t) and (u) above; and

(d) A description of the ownership transfer, including the date the transfer occurred or will occur and a description of the resulting ownership interests in the utility.

(5) A transfer of a regulated utility to an exempt entity other than a governmental authority. Each applicant for a transfer of ownership of a regulated utility to an exempt entity other than a governmental authority must file with the Commission Clerk the information set forth in paragraphs (a) through (e) below:

(a) A filing fee pursuant to paragraph 25-30.020(2)(c), F.A.C.;

(b) Proof of noticing pursuant to Rule 25-30.030, F.A.C.;

(c) The requirements of paragraphs (2)(c), (d), (k), (l), (m), and (r) above;

(d) Documentation of the following terms of the transfer:

1. A copy of the contract for sale and all auxiliary or supplemental agreements. If the sale, assignment, or transfer occurs prior to Commission approval, the contract must include a provision stating that the contract is contingent upon Commission approval;

2. The closing date;

3. A statement regarding the disposition of customer deposits and interest thereon;

4. A statement regarding the disposition of any outstanding regulatory assessment fees, fines, refunds, or annual reports; and

(e) An explanation of how the buyer is exempt pursuant to Section 367.022, F.S.

History

• Rulemaking Authority 350.127(2), 367.121, 367.1213 FS. Law Implemented 367.071, 367.1213 FS. History–New 1-27-91, Amended 11-30-93, 1-4-16, 9-3-26.

Fla. Admin. Code R. 25-30.0371 Acquisition Adjustments

(1) Definition. For the purpose of this rule, the following definitions apply:

(a) “Acquisition adjustment” means the difference between the purchase price of utility system assets to an acquiring utility and the net book value of the acquired utility’s assets.

(b) “Good cause” means a showing of financial hardship, unforeseen events, or other events outside the utility’s control.

(c) “Positive acquisition adjustment” means the purchase price is greater than the net book value.

(d) “Negative acquisition adjustment” means the purchase price is less than the net book value.

(e) “Non-viable utility” means a utility that meets either of the following subparagraphs:

1. A utility that is currently unable or is projected to be unable to provide and maintain safe, adequate, and reliable service and facilities to its customers over the 5-year period following the date of acquisition due to:

a. Failure to comply with or history of enforcement or compliance actions by federal, state, or local regulatory agencies based on violations of primary or exceedance of secondary water quality standards or other health, safety, and environmental standards; and

b. Insufficient investment, repair, maintenance of assets or an inability to acquire and maintain adequate managerial, operational, financial, or technical capabilities to ensure safe and reliable service to its customers; or

2. A utility that is insolvent, i.e., unable to pay debts.

(f) “Viable utility” means all utilities that are not non-viable as defined in paragraph (1)(e) of this rule.

(2) Petition. A utility that acquires another utility may petition the Commission to establish an acquisition adjustment under either subsection (3) or subsection (4) of this rule to include some or all of a positive acquisition adjustment in the acquired utility’s rate base. A utility may seek approval of a positive acquisition adjustment at the time the utility seeks approval to transfer the certificate of authorization or anytime within 3 years of the issuance date of the Commission order approving the transfer of the certificate of authorization. The utility may request an extension of the 3-year period, which must include a statement of good cause. The petition for a positive acquisition adjustment may be made as a separate filing or as part of a rate proceeding.

(3) Positive Acquisition Adjustments for Non-Viable Utility.

(a) A full or partial positive acquisition adjustment will be allowed if it is demonstrated that the acquired utility meets the definition of non-viable utility under paragraph (1)(e) of this rule; that the purchase was made as part of an arms-length transaction; and that customers from the acquired utility will benefit from the acquisition. In determining whether the acquired utility customers benefit, the Commission will consider the following factors:

1. Anticipated improvements in quality of service;

2. Anticipated improvements in compliance with water or wastewater regulatory requirements;

3. Anticipated impacts on the cost of providing service over the next 5 years from the date of acquisition;

4. Anticipated cost efficiencies, including any economies of scale;

5. Ability to attract capital at reasonable cost; and

6. The professional and experienced managerial, financial, technical, and operational resources of the acquiring utility.

(b) Contents of Petition. The acquiring utility must file the following information in its petition:

1. The amount of the acquisition adjustment requested;

2. The amortization period requested;

3. An explanation of how the acquisition was made as part of an arms-length transaction;

4. The contract of sale, including the estimated cost of the fees and transaction closing costs to be incurred by the acquiring utility;

5. A calculation of the net book value of the acquired utility including the composite remaining life of the assets purchased;

6. A statement as to whether the acquired utility is insolvent or unable to service its debt obligations;

7. A description of the acquiring utility’s managerial, operational, financial, or technical capabilities to furnish and maintain safe and adequate service and facilities over the next 5 years from the date of acquisition;

8. Any notices of violation, consent decrees or other regulatory actions issued by a federal, state, regional, or local agency regarding the provision of the acquired utility’s water or wastewater service over the past 5 years from the date of acquisition, including any notices of violation of primary or notices of exceedances of secondary water quality standards;

9. The acquired utility’s annual capital investments and operations and maintenance expenses over the past 5 years from the date of acquisition, if existing;

10. Any planned infrastructure additions and maintenance by the acquiring utility to improve the acquired utility’s quality of service or compliance with environmental regulations;

11. Any engineering studies or appraisals the acquiring utility procured pertaining to the purchase of the acquired utility;

12. The 5-year projected impact on the cost of providing service to the customers of the utility system being acquired, including the impact of any operation and maintenance cost savings and economies of scale expected to result from the acquisition transaction, the impact of the cost of any plant infrastructure additions, and the impact of the acquisition adjustment; and

13. An explanation as to how the acquiring utility has greater access to capital than the acquired utility, if applicable.

(4) Positive Acquisition Adjustments for Viable Utility.

(a) A full or partial positive acquisition adjustment will be allowed if the acquiring utility demonstrates that the purchase was made as part of an arms-length transaction and the transaction incorporating the full or partial positive acquisition adjustment is projected to provide a positive cumulative present value of the revenue requirements (CPVRR) customer benefit over a 5-year period from the date of acquisition. If the CPVRR does not result in a positive customer benefit over the 5-year period, the Commission will consider the following factors in determining whether to allow a full or partial acquisition adjustment:

1. Anticipated improvements in quality of service and compliance with any regulatory requirements;

2. Anticipated rate reductions or rate stability over the next 5 years from the date of acquisition;

3. Anticipated cost savings;

4. Increased ability to attract capital at reasonable cost;

5. Lower overall cost of capital; and

6. Additional professional and experienced managerial, financial, technical, and operational resources.

(b) Contents of Petition. The acquiring utility must file the following information in its petition:

1. The amount of the acquisition adjustment requested;

2. The amortization period requested;

3. An explanation of how the acquisition was made as part of an arms-length transaction;

4. The contract of sale, including the estimated cost of fees and transaction closing costs to be incurred by the acquiring utility;

5. A calculation of the net book value of the acquired utility including the composite remaining life of the assets purchased;

6. A CPVRR in the form of a spreadsheet. Form PSC 1034 (3/24), entitled “Water and/or Wastewater Utilities Cumulative Present Value of the Revenue Requirements for Acquisition Adjustment Worksheet,” which is incorporated by reference in this rule and is available at https://www.flrules.org/gateway/reference.asp?NO=Ref-16619, is an example CPVRR that may be completed and included in the acquiring utility’s petition to comply with this subparagraph. The form may also be obtained from the Commission’s website, www.floridapsc.com;

7. An Excel spreadsheet with the data and information included in the CPVRR analysis with the spreadsheet formulas intact;

8. All supporting data and assumptions used in the CPVRR spreadsheet;

9. A description of any anticipated improvements or planned infrastructure additions and maintenance by the acquiring utility;

10. A description, including any supporting data, of any anticipated cost savings resulting from the acquisition;

11. The 5-year projected rate impact on the customers of the utility system being acquired, including the rate impact of any cost efficiencies and economies of scale expected to result from the acquisition transaction, the rate impact of the cost of any plant infrastructure additions, and the rate impact of the acquisition adjustment; and

12. Any engineering studies or appraisals the acquiring utility procured pertaining to the purchase of the acquired utility.

(5) Amortization Period for a Positive Acquisition Adjustment. The Commission will set the amortization period in the order approving the positive acquisition adjustment. Amortization of the acquisition adjustment will begin on the date of issuance of the order approving the positive acquisition adjustment or on the date the sale closes, whichever occurs last.

(6) Nothing herein removes the Commission’s existing authority to review a positive acquisition adjustment if the Commission finds that customer benefits did not materialize or subsequently changed within 5 years of the date of the order approving the positive acquisition adjustment.

(7) Negative Acquisition Adjustment. A negative acquisition adjustment will not be included in rate base.

(8) Notice. At the time the petition is filed with the Commission, the acquiring utility must provide a draft notice for review by Commission staff. Commission staff will review the draft notice within 7 days. Once staff has approved the notice, the acquiring utility must provide notice by regular mail to the Office of Public Counsel and by regular mail or personal service to each customer and owner of property located within the service area for both the acquiring utility and the utility being acquired, to the extent the utilities’ customers are within the Commission’s jurisdiction. The notice required by this rule may be combined with the notice of Application for Authority to Transfer issued pursuant to Rule 25-30.030, F.A.C., or for existing customers, the notice may be included in their next bill. The notice must contain:

(a) Title: Notice of Utility’s Petition to Establish an Acquisition Adjustment;

(b) A statement that the utility has filed a petition with the Commission to establish an acquisition adjustment for either a viable or a non-viable utility system;

(c) The date the petition was filed with the Commission;

(d) The docket number associated with the petition;

(e) A statement of the 5-year projected rate impact or the anticipated effect of the requested acquisition adjustment on rates for the next five years;

(f) A statement that the utility’s petition is available on the Commission’s website;

(g) The acquiring utility’s address, telephone number, and business hours; and

(h) A statement that any customer substantially affected by the petition may file a motion to intervene in accordance with Rule 28-106.205, F.A.C.

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.071(5), 367.081(2)(a), 367.121(1)(a), (b) FS. History–New 8-4-02, Amended 11-22-10, 6-17-24.

Fla. Admin. Code R. 25-30.0372 Alternative Procedure for Establishing Rate Base Value of Acquired Utility System

(1) Definition. For the purposes of this rule, “Licensed Appraiser,” as referenced in Section 367.0811(4)(a), F.S., means a person who meets all the following criteria:

(a) Has certification as an Accredited Senior Appraiser by the American Society of Appraisers (ASA), designation as a Certified Valuation Analyst by the National Association of Certified Valuators and Analysts (NACVA), or designation as Accredited in Business Valuation by the American Institute of Certified Public Accountants (AICPA), and

(b) Is in good standing with the ASA, NACVA, or AICPA.

(2) Appraisals.

(a) Each appraisal must assess the value of the utility system being acquired according to its intended use.

(b) The Executive Director of the Florida Public Service Commission or their designee, will randomly select three licensed appraisers from the list of licensed appraisers referenced in paragraph (2)(d) of this rule using computationally-generated random numbers. No two of the selected appraisers may be employed by the same entity.

(c) The licensed engineer who performs the engineering assessment required by Section 367.0811(4)(b), F.S., may not also serve as a licensed appraiser on the same acquisition transaction.

(d) The list of licensed appraisers required by Section 367.0811(4)(a), F.S., can be found at www.floridapsc.com/appraiserlist or obtained from the Office of the Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850.

(e) A licensed appraiser will be included on the Commission’s list of approved licensed appraisers by submitting all of the following by email to appraiserlist@psc.state.fl.us or by mail to the Office of the Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850:

1. The licensed appraiser’s name, mailing address, telephone number, and email address;

2. The name of any company with which the licensed appraiser is employed or associated;

3. Proof of the information required by subsection (1) above; and

4. The expiration date of the certification or designation required by paragraph (1)(a) above.

(f) It is the responsibility of the licensed appraiser to ensure that correct and updated information remains on file with the Commission. The licensed appraiser must submit updated information by email to appraiserlist@psc.state.fl.us, or by mail to the Office of the Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850, within 30 days of any change of information. If the Commission determines that a person no longer meets the requirements to be a licensed appraiser on the Commission’s list, that person will be removed from the list. Upon request and upon providing proof that the requirements listed in subsection (1) above are met, a person will be added back to the list.

(g) The licensed appraiser can be removed from the list by submitting a request for removal by email to appraiserlist@psc.state.fl.us or by mail to the Office of the Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850.

(3) Petition. Section 367.0811(5), F.S., sets forth the filing requirements a petition to establish the rate base value must contain.

(a) The petition may be filed concurrent with the application to transfer the certificate(s) of authorization, but must be filed no later than 6 months after the issuance of the final order approving the transfer of the certificate(s) of authorization or the closing date of the sale. Commission staff will review the petition and within 30 days of receipt of the petition will notify the acquiring utility whether the petition is complete or identify the information required by Section 367.0811(5), F.S., which is missing from the petition. If an amended petition is filed, Commission staff will review the amended petition and within 30 days of receipt of the amended petition will notify the acquiring utility whether the amended petition is complete or identify the information required by Section 367.0811(5), F.S., which is missing from the amended petition. This process will continue until Commission staff determines the petition satisfies the requirements of Section 367.0811(5), F.S. The date a petition is complete under Section 367.0811(6), F.S., is the date that all documents required by Section 367.0811(6), F.S. have been filed.

(b) If the assessment of tangible assets required by Section 367.0811(4)(b), F.S., identifies deficiencies, the 3-year plan required by Section 367.0811(5)(d), F.S., must include the following, if existing, regarding the system being acquired:

1. A copy of the most recent DEP and/or county health department sanitary survey, compliance inspection report, primary and secondary standards drinking water report; and

2. 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.

(c) Form PSC 1035 (03/24), entitled “Water and/or Wastewater Cumulative Present Value of the Revenue Requirements for Alternate Rate Base Worksheet” (CPVRR), incorporated by reference in this rule and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-16589, must be included in the petition to show the 5-year projected rate impact required by Section 367.0811(5)(e), F.S. The form can also be found at www.floridapsc.com or be obtained from the Office of the Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850.

(d) The 5-year rate impact required by Section 367.0811(5)(e), F.S., must also include the following for each year for residential and general service customers, and the CPVRR must support the projections for the following:

1. Base facility charge,

2. Gallonage charge, and

3. Billing determinants.

(e) The information filed under Section 367.0811(5)(e), F.S., must include the acquiring utility’s proposed journal entries anticipated to result from the acquisition, including tax entries and account numbers in conformance with the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C.

(f) For purposes of determining whether the petition must include a rate stabilization plan under Section 367.0811(5)(h), F.S., “significant individual increase in rates” means a rate increase during any twelve consecutive months of the 5-year projected rate impact period that is in excess of 15 percent over the current rates of the utility system being acquired.

(4) General filing instruction. Prepared direct testimony and exhibits for each witness testifying on behalf of the acquiring utility must be filed at the time the petition is filed.

(5) Notice. At the time the petition is filed with the Commission, the acquiring utility must provide a draft notice for review by Commission staff. Commission staff will review the draft notice within 7 days. Once staff has approved the notice, the acquiring utility must provide notice by U.S. Mail to the Office of Public Counsel and by either U.S. Mail or personal service to each customer and owner of property located within the service area for both the acquiring utility and the utility being acquired, to the extent the utilities’ customers are within the Commission’s jurisdiction. The notice required by this rule may be combined with the notice of Application for Authority to Transfer issued pursuant to Rule 25-30.030, F.A.C., or for existing customers, the notice may be included in their next bill. The notice must contain:

(a) Title: Notice of Utility’s Petition to Establish Rate Base Value Using Alternative Procedure;

(b) A statement that the utility has filed a petition with the Commission to establish rate base value of acquired utility system using the alternative procedure set forth in Section 367.0811, F.S.;

(c) The date the petition was filed with the Commission;

(d) The docket number associated with the petition;

(e) A statement of the 5-year projected rate impact or the anticipated effect of the requested rate base on rates for the next five years;

(f) A statement that the utility’s petition is available on the Commission’s website;

(g) The acquiring utility’s address, telephone number, and business hours; and

(h) A statement that any customer substantially affected by the petition may file a motion to intervene in accordance with Rule 28-106.205, F.A.C.

History

• Rulemaking Authority 367.0811(11) FS. Law Implemented 367.0811 FS. History–New 5-15-24, Amended 9-3-26.

Fla. Admin. Code R. 25-30.038 Application for Transfer to a Governmental Authority

(1) This rule applies to an application to transfer a regulated utility to a governmental authority pursuant to Section 367.071(4)(a), F.S.

(2) Each applicant for acknowledgement of the transfer of facilities, or any portion thereof, from a regulated utility to a governmental authority shall file the information set forth in paragraphs (a) through (h), below, with the Office of Commission Clerk. Form PSC 1009 (12/15) entitled “Application for Transfer to a Governmental Authority,” which is incorporated by reference in this rule and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06246, 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 may also be obtained from the Commission’s website, www.floridapsc.com.

(a) The certificated name, address, telephone number, certificate number(s), authorized representative, and, if available, email address and fax number of the utility;

(b) The name, address, and telephone number, and authorized representative, and, if available, email address and fax number of the governmental authority;

(c) The date on which the governmental authority assumed ownership or proposes to assume ownership, operation, management, or control of the utility;

(d) A copy of the contract or other document transferring the utility system to the governmental authority;

(e) A statement that the governmental authority obtained from the utility or Commission the most recent available annual report;

(f) A statement describing the disposition of customer deposits and interest thereon;

(g) A statement regarding the disposition of any outstanding regulatory assessment fees, fines or refunds owed; and,

(h) If a utility is transferring only a portion of its facilities to a governmental authority, it must provide the following additional information:

1. A list of any utility assets not transferred to the governmental authority, if such remaining assets constitute a system providing or proposing to provide water or wastewater service to the public for compensation;

2. A legal description of the territory not transferred to the governmental authority in the format prescribed in Rule 25-30.029, F.A.C.;

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 remaining territory plotted thereon, consistent with the legal description provided in paragraph (2)(h)2., above; and,

4. Tariff sheets reflecting the remaining territory. 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.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.045, 367.071 FS. History–New 1-4-16.

Fla. Admin. Code R. 25-30.039 Notice for Name Change

(1) This rule shall apply to a certificated utility that changes its name only, with no change in the ownership or control of the utility or its assets.

(2) Before notifying its customers of a utility name change, the utility shall provide Commission staff with the following:

(a) The utility’s certificated name, address, telephone number, certificate number(s), authorized representative, and, if available, email address and fax number;

(b) The change in name and 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;

(c) The effective date of the name change;

(d) A statement that the ownership and control of the utility and its assets will not change under the new name;

(e) A draft notice to be sent to the customers of the utility informing them of the change in utility name; and,

(f) A tariff reflecting the name change, including all standard forms. 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.

(3) After the Commission staff approves the customer notice, the utility shall send the approved customer notice to all existing customers with the next regular billing, advising them of the name change. The utility shall file with the Commission Clerk a statement verifying the date that the notice was actually sent to the customers.

History

• Rulemaking Authority 350.127(2), 367.121, 367.1214 FS. Law Implemented 367.121, 367.1214 FS. History–New 11-30-93, Amended 1-4-16.

Fla. Admin. Code R. 25-30.040 Application for Authority to Transfer

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.071 FS. History–New 6-10-75, Amended 4-5-81, 8-30-83, Formerly 25-10.07, 25-10.007, Amended 11-10-86, Repealed 1-27-91.

Fla. Admin. Code R. 25-30.041 Application for Approval of Transfer to a Governmental Agency

History

• Rulemaking Authority 367.121(1)(f) FS. Law Implemented 367.071, 367.151 FS. History–New 11-10-86, Repealed 1-27-91.

Fla. Admin. Code R. 25-30.045 Application for Amended Certificate Pursuant to an Extension of Service Area Pursuant to Either §367.061, F.S. or §367.041, F.S

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.041, 367.061 FS. History–New 6-10-80, Amended 4-5-81, Formerly 25-10.08, 25-10.008, Amended 11-10-86, Repealed 1-27-91.

Fla. Admin. Code R. 25-30.050 Municipal or County Franchise Fee

(1) When a municipality charges a utility any franchise fee, the utility may collect that fee only from its customers receiving service within that municipality. When a county charges a utility any franchise fee, the utility may collect that fee only from its customers receiving service within that county.

(2) A utility may not incorporate any franchise fee into its other rates for service.

(3) This rule shall not be construed as granting a municipality or county the authority to charge a franchise fee. This subsection only specifies the method of collection of a franchise fee, if a municipality or county, having authority to do so, charges a franchise fee.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.091(4), 367.121 FS. History–New 2-3-70, Amended 9-12-74, 11-21-82, Formerly 25-10.03, 25-10.003.

Fla. Admin. Code R. 25-30.055 Systems with a Capacity or Proposed Capacity to Serve 100 or Fewer Persons

(1) A water or wastewater system is exempt under Section 367.022(6), F.S., if its current or proposed water or wastewater treatment facilities and distribution or collection system have and will have a capacity, excluding fire flow capacity, of no greater than 10,000 gallons per day or if the entire system is designed to serve no greater than 40 equivalent residential connections (ERCs). For purposes of this rule only, one ERC equals 250 gallons per day.

(a) Unless the Commission determines that valid local statistical data should be used, ERCs for residential use are as follows:

Single family detached dwellings

1 ERC per unit

Multiple family dwellings

.8 ERC per unit

Mobile homes

.8 ERC per unit

(b) ERCs for nonresidential use shall be based on meter size and type as follows:

1. For Water Systems

Meter Size

Meter Type

ERCs

5/8''

Displacement

1.0

3/4''

Displacement

1.5

1''

Displacement

2.5

11/2''

Displacement or Turbine

5.0

2''

Displacement, Compound or Turbine

8.0

3''

Displacement

15.0

3''

Compound

16.0

3''

Turbine

17.5

4v

Displacement or Compound

25.0

4''

Turbine

30.0

6''

Displacement or Compound

50.0

6v

Turbine

62.5

8''

Compound

80.0

8''

Turbine

90.0

10''

Compound

115.0

10''

Turbine

145.0

12''

Turbine

215.0

2. For Wastewater Systems

Meter Size

Meter Type

ERCs

5/8''

Displacement

1.0

3/4''

Displacement

1.5

1''

Displacement

2.5

11/2''

Displacement or Turbine

5.0

2''

Displacement, Compound or Turbine

8.0

3''

Displacement

15.0

3''

Compound

16.0

3''

Turbine

17.5

4''

Displacement or Compound

25.0

4''

Turbine

30.0

6''

Displacement or Compound

50.0

6''

Turbine

62.5

8''

Compound

80.0

8''

Turbine

90.0

10''

Compound

115.0

10''

Turbine

145.0

12''

Turbine

215.0

(c) Where undeveloped land is adjacent to a system or proposed system the Commission may, where appropriate, estimate ERCs for service to future development on the adjacent undeveloped land. Unless the Commission determines that valid local statistical data should be used, ERCs for residential acreage should be estimated as follows:

Residential Use

ERCs/Acre

Mobile home

4.8

Detached single family

4.0

Estimates for other types of residential acreage and for commercial and industrial uses shall be made on a case by case basis.

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.022(6) FS. History–New 1-5-84, Formerly 25-10.10, 25-10.010, Amended 11-10-86.

Fla. Admin. Code R. 25-30.060 Application for Exemption from Regulation or Nonjurisdictional Finding

History

• Rulemaking Authority 367.121(1) FS. Law Implemented 367.021(12), 367.022, 367.031 FS. History–New 1-5-92, Amended 11-30-93, 2-15-96, Repealed 1-20-97.

Fla. Admin. Code R. 25-30.090 Abandonments

(1) This rule applies to any person, lessee, trustee, or receiver owning, operating, managing, or controlling a utility which intends to abandon the utility. The provisions of this rule are intended to prevent service interruptions to the utility customers.

(2) The notice of abandonment to be issued by the utility to the Commission and the county’s administrator, pursuant to Section 367.165, F.S., shall identify the following:

(a) The utility’s name and address;

(b) The person to contact regarding this notice, including that person’s address, telephone number, and, if available, email address and fax number;

(c) The date of the notice;

(d) The date the utility will be abandoned;

(e) Whether the water system, wastewater system, or both are to be abandoned;

(f) A statement of the reason the utility will be abandoned;

(g) A statement of the status of the utility with the Department of Environmental Protection regarding outstanding citations or violations; and,

(h) The location of the utility’s books and records.

(3) Within 10 days of appointment of a receiver by the circuit court, the receiver shall provide the Commission with a copy of the order of appointment and shall request from the Commission a copy of the utility’s tariff and most recent annual report.

(4) Within 90 days of appointment, a receiver who is not a governmental authority shall file the utility’s water and/or wastewater tariff that is revised to show the name, address and telephone number of the receiver and identifies the receiver as the issuing officer. This revision shall not affect the certificated name of the utility. 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.

(5) The receiver shall fulfill the utility’s obligations pursuant to Chapter 367, F.S., and Chapter 25-30, F.A.C., during the pendency of the receivership. However, a receiver shall not be held responsible by the Commission for failure to provide safe, efficient and sufficient service where such failure is substantially caused by actions or omissions pre-dating appointment of the receiver, unless the receiver is given reasonable opportunity to rectify such failure.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121, 367.165 FS. History–New 11-30-93, Amended 1-4-16.

Fla. Admin. Code R. 25-30.091 Petition to Revoke Water Certificate of Authorization

(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.

(8) For a petition for revocation to be deemed sufficient, the following criteria must be met:

(a) Each petition form must include the printed name, signature, service address, and telephone number of the customer-signatory;

(b) Each petition form must state with specificity each issue that the customer-signatory has with the quality of water service provided, each time the issue was reported to the utility, and how long the issue has existed; and

(c) Petition forms must be completed by at least 65 percent of the utility’s customers, as that term is defined in Section 367.072, F.S.

(9) The customers must file the completed petition forms with the Office of Commission Clerk within 90 days after receipt of the staff’s instructions.

(10) Within 10 days after receipt of the petition, the staff will provide notice to the customers who filed the letter of intent or their designated representative by letter as to whether the petition is sufficient for the Commission to act, and will provide a copy of the notice to the utility. If the petition is deficient, the notice will specify what additional information is required.

(11) If the notice identifies deficiencies in the petition, the customers must file a corrected petition with the Office of Commission Clerk curing the noticed deficiencies within 30 days after receipt of the notice, and must provide a copy of the cured petition to the utility. The staff will notify the customers who file a corrected petition or their designated representative by letter as to whether the corrected petition has cured the deficiencies specified in the notice provided under subsection (10), and will provide a copy of the letter to the utility. If the customers fail to timely cure the noticed deficiencies, the petition will be dismissed pursuant to Section 367.072(1)(b), F.S.

(12) The utility may file a response to a sufficiently filed petition with the Office of Commission Clerk within 14 days from the staff letter notifying the customers that the petition is sufficient for the Commission to act.

(13) The staff will file a recommendation for the Commission to determine at a scheduled agenda conference whether the issues identified in a sufficiently filed petition support a reasonable likelihood that the utility is failing to provide quality water services.

(14) If the Commission determines that the issues identified in the petition do not support a reasonable likelihood that the utility is failing to provide quality water services, the Commission’s order dismissing the petition will be issued as a proposed agency action. The notice of proposed agency action will give substantially affected persons an opportunity to request a Section 120.569 or 120.57, F.S., hearing on the matter within 21 days after issuance of the notice, pursuant to Rule 25-22.029, F.A.C.

(15) If the Commission determines that the issues identified in the petition support a reasonable likelihood that the utility is failing to provide quality water services, the Commission will order the utility to show cause as to why its water certificate of authorization should not be revoked, and will set the matter for hearing pursuant to Sections 120.569, 120.57, 120.60(5), and 367.072(5), F.S. The utility’s response to the show cause order shall use the criteria set forth in Sections 367.072(3)(a) and (b), F.S., in addressing the issues identified within the petition.

History

• Rulemaking Authority 350.127(2), 367.072, 367.0812 FS. Law Implemented 367.072, 367.0812 FS. History–New 2-10-15.

Fla. Admin. Code R. 25-30.110 Records and Reports; Annual Reports

(1) Records.

(a) Each utility must preserve its records in accordance with the National Association of Regulatory Utility Commissioners “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities” (revised October 2007), incorporated by reference in this rule. “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities” may be inspected and examined at no cost at the Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399 or at the Florida Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399. A copy may be obtained from the NARUC Store at www.naruc.org.

1. Those utilities that choose to convert documents from their original media form must retain the original source documents as required by paragraph (1)(a) of this rule, for a minimum of three years, or for any lesser period of time specified for that type of record in the “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities,” after the date the document was created or received by the utility. This paragraph does not require the utility to create paper copies of documents where the utility would not otherwise do so in the ordinary course of its business. Upon a showing by a utility that it employs a storage and retrieval system that consistently produces clear, readable copies that are substantially equivalent to the originals, and clearly reproduces handwritten notations on documents, the utility does not have to meet the requirement to retain documents in their original form.

2. The utility must maintain written procedures governing the conversion of source documents to a storage and retrieval system, which procedures ensure the authenticity of documents and the completeness of records. Records maintained in the storage and retrieval system must be easy to search and easy to read.

(b) Unless otherwise authorized by the Commission, each utility must maintain its records at the office or offices of the utility within this state and must keep those records open for inspection during business hours by Commission staff.

(c) Any utility that keeps its records outside the state must reimburse the Commission for the reasonable travel expense incurred by each Commission representative during any review of the out-of-state records of the utility or its affiliates. Reasonable travel expenses are those travel expenses that are equivalent to travel expenses paid by the Commission in the ordinary course of its business.

1. The utility must remit reimbursement for out-of-state travel expenses within 30 days from the date the Commission mails the invoice.

2. The reimbursement requirement in paragraph (1)(c) is not applicable for the following:

a. A utility that makes its out-of-state records available at the utility’s office located in Florida or at another mutually agreed upon location in Florida within 10 working days from the Commission’s initial request. If 10 working days is not reasonable because of the complexity and nature of the issues involved or the volume and type of material requested, the Commission will establish a different time frame for the utility to bring records into the state. For individual data requests made during an audit, the response time frame established in Rule 25-30.145, F.A.C., will control; or

b. A utility whose records are located within 50 miles of the Florida state line.

(2) In General. Each utility must furnish to the Commission the results of any required tests and summaries of any required records. The utility must also furnish the Commission with any information concerning the utility’s facilities or operation that the Commission requests and requires for determining rates or judging the practices of the utility. All such data, unless otherwise specified, must be consistent with and reconcilable with the utility’s annual report to the Commission.

(3) Annual Reports: Filing Extensions. Each utility must file with the Commission annual reports on the applicable form in subsection (4) of this rule. The obligation to file an annual report for any year will apply to any utility which is subject to this Commission’s jurisdiction as of December 31 of that year, whether or not the utility has actually applied for or been issued a certificate.

(a) The Commission will, by January 15 of each year, email a blank copy of the appropriate annual report form to each utility company. A utility may request a hard copy of the forms in subsection (4) of this rule from the Commission’s Division of Accounting and Finance. The failure of a utility to receive a report form will not excuse the utility from its obligation to timely file the annual report. The annual reports must be filed with the Commission, either by mail or by email, on or before March 31 for the preceding year ending December 31. Annual reports filed by email must be sent to AnnualReport@psc.state.fl.us. Annual reports filed by mail must be sent to the Florida Public Service Commission, Division of Accounting and Finance, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850.

(b) Annual reports are considered filed if they are properly addressed and emailed or mailed with sufficient postage and postmarked by no later than the due date. For annual reports sent by registered mail, the date of the registration is the postmark date. For annual reports sent by certified mail, the date on the receipt is the postmark date. The postmark is evidence that an annual report was mailed. If a utility’s annual report is not received by the Commission’s Division of Accounting and Finance in Tallahassee, that utility must resend it upon request, despite any presumption of delivery.

(c) A utility may file a written request for an extension of time to file its annual report with the Commission’s Division of Accounting and Finance no later than March 31. One extension of 30 days will be automatically granted upon request. A request for a longer extension must be accompanied by a statement of good cause, such as financial hardship, severe illness, or significant weather events such as hurricanes, but good cause does not include reasons such as management oversight or vacation time, and must specify the date by which the report will be filed.

(4) Annual Reports; Contents. The appropriate annual report form required from each utility will be determined by using the same three classes of utilities used by the National Association of Regulatory Utility Commissioners: Class A (those having annual water or wastewater operating revenues of $1,750,000 or more); Class B (those having annual water or wastewater revenues of $350,000, or more, but less than $1,750,000); and Class C (those having annual water or wastewater revenues of less than $350,000). The class to which a utility belongs will be determined by using the higher of the average of its annual water or wastewater operating revenues for each of the last three preceding years.

(a) Class A and B utilities must file the annual report on Commission Form PSC-1032 (06/26), entitled “Class “A” or “B” Water and/or Wastewater Utilities (Gross Revenue of More Than $350,000 Each) Annual Report,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19636. This form is also available on the Commission’s website at www.floridapsc.com.

(b) Class C utilities must file the annual report on Commission Form PSC 1033 (06/26), entitled “Class “C” Water and/or Wastewater Utilities (Gross Revenue of Less Than $350,000 Each) Annual Report,” incorporated by reference in this rule and available at http://flrules.org/Gateway/reference.asp?No=Ref-19637. This form is also available on the Commission’s website at www.floridapsc.com.

(c) The foregoing forms can be obtained from the Commission’s Division of Accounting and Finance.

(5) As part of the annual report, each utility must verify the following in writing by the utility’s chief executive officer and chief financial officer:

(a) Whether the utility is in substantial compliance with the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C.;

(b) Whether the utility is in substantial compliance with all applicable rules and orders of the Florida Public Service Commission;

(c) Whether there have been any written communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices that could have a material effect on the financial statements;

(d) Whether the financial statements and related schedules fairly present the financial condition and results of operations for the period presented and whether other information and statements presented as to the business affairs of the respondent are true, correct, and complete for the period which they represent.

(6) Delinquent Reports.

(a) Any utility that fails to file its annual report or extension on or before March 31, or within the time specified by any extension approved in writing by the Commission’s Division of Accounting and Finance, will be subject to a penalty. The penalty will be based on the number of calendar days elapsed from March 31, or from an approved extended filing date, until the date of filing. The date of filing will be included in the days elapsed.

(b) The penalty for delinquent reports will accrue based on the utility’s classification established under subsection (4) of this rule, in the following manner for each day the report is delinquent:

1. $25.00 per day for Class A utilities;

2. $13.50 per day for Class B utilities; and

3. $3.00 per day for Class C utilities.

(c) If a utility does not timely file its annual report, in addition to the penalty determined by paragraph (6)(b) of this rule, interest on the penalty will also be assessed from the date the annual report was due, up to and including the date the penalty is paid. Such interest is based on the AA non-financial 30-day commercial paper rate published by the Board of Governors of the Federal Reserve System on its website. Interest will be compounded monthly.

(7) Incomplete Reports.

(a) The Commission’s Division of Accounting and Finance will provide written notification to a utility if its report does not contain information required by subsection (4) of this rule. The utility must file the missing information no later than 30 days after the date on the face of the notification. If the utility fails to file the information within that period, the report will be deemed delinquent and the utility will be subject to a penalty as provided under paragraphs (6)(a) and (b) of this rule, except that the penalty will be based on the number of days elapsed from the date the information is due to the date it is actually filed. The date of filing will be included in the elapsed days.

(b) A report is incomplete if any of the schedules required by the following forms of this rule are not completed:

1. Form PSC 1032 (06/26) for Class A and B utilities;

2. Form PSC 1033 (06/26) for Class C utilities.

(c) An incomplete report will remain incomplete until the missing information is filed with the Commission’s Division of Accounting and Finance on the appropriate Commission form.

(8) Incorrect Filing. If a utility files an incorrect annual report it will be considered delinquent and subject to a penalty on the same basis as a utility that fails to timely file an annual report. The classification determining the applicable penalty, as prescribed by paragraphs (6)(a) and (b) of this rule, will be determined by the latest annual revenue figures available for the utility. The failure of a utility to receive a report form for the correct class of utility will not excuse the utility from its obligation to timely file the annual report for the correct class of utility.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121, 367.156(1), 367.161 FS. History–New 9-12-74, Amended 1-18-83, 2-25-85, 10-27-85, Formerly 25-10.25, 25-10.025, Amended 11-10-86, 12-22-86, 3-11-91, 11-13-95, 5-1-96, 12-14-99, 2-15-23, 9-3-26.

Fla. Admin. Code R. 25-30.111 Exemption for Resale of Utility Service, Annual Report

History

• Rulemaking Authority 367.121(1) FS. Law Implemented 367.022(8) FS. History–New 3-26-81, Formerly 25-10.09, 25-10.009, Amended 11-30-93, Repealed 6-27-00.

Fla. Admin. Code R. 25-30.115 Uniform System of Accounts for Water and Wastewater Utilities

Water and wastewater utilities must, effective January 1, 2027, maintain their accounts and records in conformity with the National Association of Regulatory Utility Commissioners “Uniform System of Accounts for Water Utilities” (adopted October 8, 2024; corrected January 24, 2025) and the “Uniform System of Accounts for Wastewater Utilities” (adopted November 13, 2024; corrected April 4, 2025 and August 27, 2025) (collectively, NARUC USOA), incorporated by reference in this rule. All inquiries related to the interpretation of the NARUC USOA must be submitted to the Commission’s Division of Accounting and Finance in writing. Copies of the NARUC USOA may be inspected and examined at no cost at the Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399 or at the Florida Department of State, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399. Copies the NARUC USOA may be purchased online from the NARUC Store at www.naruc.org.

History

• Rulemaking Authority 367.121(1)(b), (f) FS. Law Implemented 367.121(1)(b) FS. History–New 2-3-70, Amended 9-12-74, 1-2-79, 8-21-79, 9-25-85, Formerly 25-10.04, 25-10.004, Amended 8-17-96, 9-3-26.

Fla. Admin. Code R. 25-30.116 Allowance for Funds Used During Construction

(1) Definition of terms for this rule.

(a) Allowance for funds used during construction (AFUDC) is the carrying cost of funding an eligible utility project investment during its construction.

(b) A project means a temporary endeavor with a defined beginning and end series of tasks that need to be completed in order to reach a specific outcome (e.g., a specific utility investment placed into service or devoted to public use for the provision of utility service), designed to produce an in-service plant investment result.

(2) Construction work in progress (CWIP) that is not included in rate base may accrue AFUDC under the following conditions:

(a) Eligible projects. The following projects may be included in CWIP and accrue AFUDC:

1. Projects that involve gross additions to plant in excess of $5,000; and,

a. Are expected to be completed in excess of sixty days after commencement of construction; or

b. Were originally expected to be completed in sixty days or less but are not ready for service after sixty days.

2. A utility may bundle related projects that achieve a specific outcome if it demonstrates that the total cost of the bundled projects excluding AFUDC is less than the total cost of the unbundled projects.

(b) Ineligible projects. The following projects may be included in CWIP, but may not accrue AFUDC:

1. Projects, or portions thereof, that do not exceed the level of CWIP included in rate base in the company’s last rate case.

2. Projects where gross additions to plant are less than $5,000.

3. Projects expected to be completed in less than sixty days after commencement of construction.

4. Property that has been classified as Property Held for Future Use.

(c) Unless otherwise authorized by the Commission, the following projects may not be included in CWIP nor accrue AFUDC:

1. Projects that are reimbursable by another party.

2. Projects that have been cancelled.

3. Purchases of assets which are ready for service when acquired.

4. Portions of projects providing service during the construction period.

(d) Other conditions. Accrual of AFUDC is subject to the following conditions:

1. Accrual of AFUDC is not to be reversed when a project originally expected to be completed in excess of sixty days is completed in sixty days or less;

2. AFUDC may not be accrued retroactively if a project expected to be completed in sixty days or less is subsequently suspended for six months, or is not ready for service after sixty days;

3. When a project is completed and ready for service, it must be immediately transferred to the appropriate plant account(s) or Account 106, Completed Construction Not Classified, and may no longer accrue AFUDC;

4. Where a work order covers the construction of more than one property unit, the AFUDC accrual must cease on the costs related to each unit when that unit reaches an in-service status;

5. When the construction activities for an ongoing project are expected to be suspended for a period exceeding six (6) months, the utility must notify the Commission of the suspension and the reason(s) for the suspension, and must submit a proposed accounting treatment for the suspended project; and,

6. When the construction activities for a suspended project are resumed, the previously accumulated costs of the project may not accrue AFUDC if such costs have been included in rate base for ratemaking purposes. However, the accrual of AFUDC may be resumed when the previously accumulated costs are no longer included in rate base for ratemaking purposes.

(e) Subaccounts. Account 105, Construction Work in Progress, must be subdivided so as to segregate the cost of construction projects that are eligible for AFUDC from the cost of construction projects that are ineligible for AFUDC.

(f) Prior to the commencement of construction on a project, a utility may file a petition to seek approval to include an individual project in rate base that would otherwise qualify for AFUDC treatment per paragraph (2)(a).

(g) On a prospective basis, the Commission, upon its own motion, may determine that the potential impact on rates may require the exclusion of an amount of CWIP from a utility’s rate base that does not qualify for AFUDC treatment per paragraph (2)(a) and to allow the utility to accrue AFUDC on that excluded amount.

(3) The applicable AFUDC rate will be determined as follows:

(a) The most recent 12-month average embedded cost of capital, except as noted below, must be derived using all sources of capital and adjusted using adjustments consistent with those used by the Commission in the Company’s last rate case.

(b) The cost rates for the components in the capital structure will be the midpoint of the last allowed return on common equity, the most recent 12-month average cost of short term debt and customer deposits and a zero cost rate for deferred taxes and all investment tax credits. The cost of long term debt and preferred stock will be based on end of period cost. The annual percentage rate must be calculated to two decimal places.

(c) A company that has not had its equity return set in a rate case must calculate its return on common equity by applying the most recent water and wastewater equity leverage formula.

(4) Discounted monthly AFUDC rate. A discounted monthly AFUDC rate, calculated to six decimal places, must be employed to ensure that the annual AFUDC charged does not exceed authorized levels.

(a) The formula used to discount the annual AFUDC rate to reflect monthly compounding is as follows:

M = [((1 + A/100)1/12)-1] x 100

Where:

M = discounted monthly AFUDC rate

A = annual AFUDC rate

(b) The monthly AFUDC rate, carried out to six decimal places, must be applied to the average monthly balance of eligible CWIP that is not included in rate base.

(5) The following schedules must be filed with each petition for a change in AFUDC rate:

(a) Schedule A. A schedule showing the capital structure, cost rates and weighted average cost of capital that are the basis for the AFUDC rate in subsection (3).

(b) Schedule B. A schedule showing capital structure adjustments including the unadjusted capital structure, reconciling adjustments and adjusted capital structure that are the basis for the AFUDC rate in subsection (3).

(c) Schedule C. A schedule showing the calculation of the monthly AFUDC rate using the methodology set out in this rule.

(6) No utility may charge or change its AFUDC rate without prior Commission approval. The new AFUDC rate will be effective the month following the end of the 12-month period used to establish that rate and may not be retroactively applied to a previous fiscal year unless authorized by the Commission.

(7) Each utility charging AFUDC must include with its Annual Report to the Commission Schedules A and B identified in subsection (5) of this rule, as well as disclosure of the AFUDC rate it is currently charging.

(8) The Commission may, on its own motion, initiate a proceeding to revise a utility’s AFUDC rate.

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 350.115, 367.081(2), 367.121(1)(b) FS. History–New 8-11-86, Formerly 25-30.121, Amended 11-13-86, 12-7-87, 1-26-21.

Fla. Admin. Code R. 25-30.117 Accounting for Pension Costs

Any utility that has an established defined benefit pension plan as defined by the Financial Accounting Standard’s Board in the Statement of Financial Accounting Standards No. 87, Employers’ Accounting for Pensions (SFAS 87), dated December, 1985, shall account for these costs pursuant to SFAS 87 as it applies to business enterprises in general.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 11-30-93.

Fla. Admin. Code R. 25-30.120 Regulatory Assessment Fees; Water and Wastewater Utilities

(1) As applicable and as provided in Section 350.113, F.S., each utility shall remit a fee based upon its gross operating revenue. This fee shall be referred to as a regulatory assessment fee. Each utility shall pay a regulatory assessment fee in the amount of 0.045 of its gross revenues derived from intrastate business. The gross revenues reported for regulatory assessment fee purposes must agree with the amount reported as operating revenue on Schedule F-3 of the Operating Statement in the company’s Annual Report, filed in accordance with Rule 25-30.110, F.A.C. A minimum annual regulatory assessment fee of $25 shall be imposed if there are no revenues or if revenues are insufficient to generate a minimum annual fee.

(2) The obligation to remit the regulatory assessment fees for any year shall apply to any utility that is subject to this Commission’s jurisdiction on or before December 31 of that year or for any part of that year.

(a) For large utilities with annual revenues of $200,000 or more based on the most recent prior calendar year, regulatory assessment fees shall be filed with the Commission on or before July 30 for the preceding period or any part of the period from January 1 until June 30, and on January 30 for the preceding period or any part of the period from July 1 until December 31. Commission Form PSC/AFD 010-WL (02/05) entitled “Large Water Utility Regulatory Assessment Fee Return” is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02618 and Commission Form PSC/AFD 017-WL (02/05) entitled “Large Wastewater Utility Regulatory Assessment Fee Return” is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02619. These forms are incorporated into this rule by reference and may also be obtained from the Division of Administrative and Information Technology Services. The failure of a utility to receive a return form shall not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(b) For small utilities with annual revenues of less than $200,000 based on the most recent prior calendar year, regulatory assessment fees shall be filed with the Commission on or before March 31 for the preceding year ended December 31. Commission Form PSC/AFD 010-WS (02/05) entitled “Small Water Utility Regulatory Assessment Fee Return” is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02616 and Commission Form PSC/AFD 017-WS (02/05) entitled “Small Wastewater Utility Regulatory Assessment Fee Return” is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02617. These forms are incorporated into this rule by reference and may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a utility to receive a return form shall not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(c) For the purpose of this rule, a utility operating both a water system and a wastewater system shall consider each system separately in determining the revenue threshold for filing regulatory assessment fees on either an annual or semi-annual basis.

(d) Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage and postmarked no later than the due date.

(3) If the due date falls on a Saturday, Sunday, or a legal holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date on the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were delivered.

(4) Each utility shall have up to and including the due date in which to:

(a) Remit the total amount of its fee; or

(b) Remit an amount which the utility estimates is its full fee.

(5) Any utility that purchases water or wastewater treatment from another utility regulated by the Florida Public Service Commission is allowed to deduct the annual expense for purchased water or wastewater treatment from its gross operating revenues before calculating the amount of the regulatory assessment fees due.

(6) A utility may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC/AIT 124 (12/11) entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-02622. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the utility has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) Where a utility receives either a 15-day extension or a 30-day extension of its due date pursuant to this rule, the utility shall remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(7) The delinquency of any amount due to the Commission from the utility pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) Pursuant to Section 350.113, F.S., a penalty shall be assessed against any utility that fails to pay its regulatory assessment fee by March 31, in the following manner:

1. Five percent of the fee if the failure is for not more than 30 days, with an additional five percent for each additional 30 days or fraction thereof during the time in which the failure continues, not to exceed a total penalty of 25 percent.

2. The amount of interest to be charged is one percent for each thirty days or fraction thereof, not to exceed a total of 12 percent per annum.

(b) In addition to the penalties and interest otherwise provided, the Commission may impose an additional penalty upon a utility for failure to pay regulatory assessment fees in a timely manner in accordance with Section 367.161, F.S.

(8) Any utility that requests and receives an extension of not more than 30 days or remits, by the due date, an estimated fee payment of at least 90 percent of the actual fee due shall not be charged interest or penalty on the balance due if paid within the extension period.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 350.113, 367.145, 367.161 FS. History–New 5-18-83, Formerly 25-10.24, Amended 10-19-86, Formerly 25-10.024, Amended 11-10-86, 2-8-90, 7-7-96, 2-3-05, 5-7-13.

Fla. Admin. Code R. 25-30.121 Allowance for Funds Used During Construction

History

• Rulemaking Authority 367.127(2), 367.121(1)(f) FS. Law Implemented 350.115, 367.081(2), 367.121(1)(b) FS. History–New 8-11-86, Transferred to 25-30.116.

Fla. Admin. Code R. 25-30.125 System Maps and Records

Each utility shall maintain on file at its principal office located within the State suitable maps, drawings and/or records of its system and facilities to show size, location, character, date of installation and installed cost of major items of plant and extension of facilities.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 9-12-74, Formerly 25-10.27, 25-10.027.

Fla. Admin. Code R. 25-30.130 Record of Complaints

(1) Each utility shall maintain a record of all complaints received. Each record shall show the name and address of the complainant; the nature of the complaint; the date received; the result of any investigation; the disposition of the complaint; and the date of disposition. The word “complaint” as used in this rule is defined in subsection 25-30.355(2), F.A.C.

(2) Notwithstanding the requirements of paragraph 25-30.110(1)(a), F.A.C., utilities shall maintain a record of each complaint for a minimum of five years from the date of receipt and shall provide a copy of records of complaints to the Commission upon Commission staff’s request. Documentation relating to customer complaints processed under Rule 25-22.032, F.A.C., shall be retained as set forth in paragraph 25-22.032(10)(a), F.A.C.

History

• Rulemaking Authority 350.127(2), 367.0812(5), 367.121(1) FS. Law Implemented 367.0812(1), 367.111, 367.121(1) FS. History–New 9-12-74, Formerly 25-10.30, 25-10.030, Amended 11-10-86, 6-21-18.

Fla. Admin. Code R. 25-30.135 Tariffs, Rules and Miscellaneous Requirements

(1) Each utility shall adopt and file tariffs in accordance with Chapter 25-9, F.A.C.

(2) No utility may modify or revise its rules or regulations or its schedules of rates and charges until the utility files and receives approval from the Commission for any such modification or revision.

(3) Each utility shall maintain for customer inspection upon request during regular business hours at its main in-state business office, a current copy of Chapters 25-9, 25-22 and 25-30, F.A.C., a current copy of Chapter 367, F.S., and a copy of the utility’s current tariffs, and current developer agreements. The Commission shall provide current copies of the above rules and statute to each utility.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121 FS. History–New 9-12-74, Formerly 25-10.41, 25-10.041, Amended 11-10-86, 11-30-93.

Fla. Admin. Code R. 25-30.140 Depreciation

(1) For the purpose of the rule, the following definitions apply:

(a) Account – Water and wastewater plant accounts are defined in the NARUC Uniform System of Accounts adopted by Rule 25-30.115, F.A.C.

(b) Amortization – The gradual extinguishment of an amount in an account by distributing such amount over a fixed period.

(c) Asset – Any owned physical object (tangible) or right (intangible) having economic value to its owner.

(d) Average Remaining Life – The future expected service in years of the surviving plant at a given age.

(e) Average Service Life – The period of service that can be reasonably expected from the plant type in question. It is measured by the period of time the subject plant and its associated investment is included on the company’s books as in service to the public. The average service life will typically be less than the potential physical life due to factors such as governmental requirements, growth or adverse operating conditions.

(f) Average Service Life Depreciation Rate - The depreciation rate based on the expected average service to be experienced by the investment or account in question.

A.S.L. Rate =

100% ‒ Average Net Salvage %

Average Service Life

(g) Capitalization – Measures of the propriety of capitalization versus expensing as follows:

1. The addition of any retirement unit; or

2. Any replacement with a retirement unit that materially enhances the value, use, life expectancy, strength or capacity of the asset prior to replacement must be capitalized.

3. The cost of incidental repairs that neither materially add to the value of the property nor appreciably prolong its life and that were made to keep the property in an ordinary efficient operating condition must be accounted for as a maintenance expense.

(h) Cost of removal – The cost of demolishing, dismantling, tearing down or otherwise removing utility plant, including the cost of transportation and handling incidental thereto.

(i) Continuing Property Record (CPR) – A perpetual collection of records required by the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C., showing the detailed original costs, quantities, and locations of plant in service. Generally, a CPR should contain 1) an inventory of property record units which can be readily checked for proof of physical existence, 2) the association of costs with such property record units to ensure accurate accounting for retirements, and 3) the dates of installation and removal of plant to provide data for use in connection with depreciation studies.

(j) Depreciation – As applied to depreciable utility plant, the loss in service value not restored by current maintenance incurred in connection with the consumption or prospective retirement of utility plant in the course of service from causes that are known to be in current operation and against which the utility is not protected by insurance. Among the causes to be given consideration are wear and tear, decay, action of the elements, inadequacy, obsolescence, changes in the art, changes in demand and requirements of public authorities. The intent of depreciation per this rule is to provide for recovery of invested capital and to match this recovery as nearly as possible to the useful life of the depreciable investment.

(k) Depreciation Accounting – The process of charging the book cost of depreciable property, adjusted for net salvage, to operations over the associated useful life.

(l) Depreciation Expense – The periodic charge to expense to allocate the original cost of a depreciable group of assets over the life of those assets.

(m) Depreciable Group – A homogeneous grouping of assets expected to experience similar life and salvage patterns. Unless otherwise ordered by the Commission, depreciable groups are the accounts defined in the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C.

Water

Wastewater

Source of Supply

Collection Plant

(Accounts 304 to 311 and 339)

(Accounts 354, 355 and 360 to 367)

Pumping Plant

(Accounts 354, 355, 370, 371)

Treatment & Disposal Plant

Water Treatment Plant

(Accounts 304, 310, 311, 320, and 339)

(Accounts 354 and 380 to 389)

Reclaimed Water Treatment Plant

Transmission & Distribution Plant

(Accounts 354, 355, 371, 374, 380, 381, 389)

(Accounts 304, 310, 311 and 330 to 339)

General Plant

Reclaimed Water Distribution Plant

(Accounts 354, 355, 366, 367, 371, 375, 389)

(Accounts 304 and 340 to 348)

General Plant

(Accounts 354 and 390 to 398)

(n) Function – defined as follows:

(o) Group Depreciation – An accounting procedure under which depreciation charges are accrued on the basis of the original cost of all property included in each depreciable group. Under the group concept, no attempt is made to keep track of the accumulated provision for depreciation applicable to individual assets of property, in view of the many items making up a utility system. The group approach recognizes that some assets within the group may live longer or shorter than the average life of the group but the group is expected to live the average service life. Every item in the group is assumed to be fully depreciated at retirement.

(p) Mortality Data – See plant activity data.

(q) Net Salvage – The salvage value of property retired less the cost of removal. This is expressed as a percent of retirements in the depreciation rate formula.

(r) Original Cost – The cost of acquiring an asset and placing it into service for first utility use. This includes the direct costs of acquiring the asset and the cost of labor, materials, and associated costs of installation to prepare the asset for first utility use. The cost is used in the computation of depreciation expense. In the event that an asset is acquired that is already in public service, the original historic cost of the asset should be recorded in plant in service, and the historic accumulated depreciation should be charged to the accumulated depreciation account. In the event the historic cost of an asset that is already in utility service cannot be determined, an independent engineer’s evaluation based on an original cost study may be used.

(s) Plant Activity Data – Annual additions, retirements, adjustments or transfers, sales or purchases, and investment balances at end of year.

(t) Property Retired – As applied to utility plant, property that has been removed, sold, abandoned, destroyed or which has been withdrawn from service for any cause.

(u) Remaining Life Depreciation Rate – The depreciation rate based on the average remaining portion of the service life expected to be experienced by the investment or account in question and on the net unrecovered capital for that investment or account.

R.L. Rate =

100% ‒ Accumulated Reserve % ‒ Future Net Salvage %

Average Remaining Life

The average remaining life for an account or sub-account is a function of known planned retirement or of the average age of that account and its appropriate mortality table.

(v) Replacing or Replacement – The construction or installation of utility plant in place of property retired, together with the removal of the property retired.

(w) Reserve – The accumulated provision for depreciation. The accumulated depreciation reserve is the net of depreciation accruals (expenses) and retired investment with related gross salvage and cost of removal as well as any appropriate adjustments or transfers.

(x) Reserve Activity Data – Annual depreciation expense, retirements, transfers or adjustments, gross salvage realized, cost of removal, and end of year balance for the accumulated provision for depreciation.

(y) Retirement Units – Those items of utility plant which, when retired with or without replacement, are accounted for by crediting the book cost to the utility plant account in which it is included.

(z) Salvage Value – The amount received for property retired, less any expenses incurred in connection with the sale or in preparing the property for sale or, if retained, the amount at which the material recoverable is chargeable to materials and supplies or other appropriate account.

(aa) Straight-Line Method – A depreciation method by which the service value of a depreciable group is charged to depreciation expense (or a clearing account) and credited to the accumulated provision for depreciation account through equal annual charges over the service life of the group.

(bb) Unit Depreciation – An accounting procedure under which the original cost, depreciation expense, and accumulated provision for depreciation, and all associated activity are maintained for each individual asset. Service life and salvage parameters are estimated for each individual asset with a depreciation rate designed to recover each asset’s original cost over its related life. If the asset lives longer than its expected life, depreciation expense stops accruing when the asset is fully recovered. If the asset retires earlier than its expected service life, the associated unrecovered amount is immediately written-off as a loss.

(cc) Unrecovered Amount – Original cost less the accumulated provision for depreciation less expected net salvage.

(2) The average service life and salvage components for each class of utility are as follows:

(a) Water System Guideline Average Service Lives.

Large Utility

Small Utility

Small Utility

(Class A&B)

(Class C)

Function Composite3

Net Salvage %4

Account

Description

1. Intangible Plant

351

Organization

40

40

352

Franchise Cost

405

405

2. Source of Supply

28

304

Structures & Improvements

321

271

Wood

28

25

Masonry

30

27

Reinforced Concrete

40

37

Steel Building

40

35

Tanks or Sheds

25

20

Fiberglass

20

18

305

Collecting and Impounding Resevoirs

50

40

306

Lake, River and Other Intakes

40

40

307

Wells and Springs

Drilled & Cased Well (Floridan or Non-Corrosive)

30

27

Shallow Well (Sand Aquifer or Corrosive Water)

20

18

308

Infiltration Galleries and Tunnels

40

N/A

309

Supply Mains

35

32

310

Power Generation Equipment

20

17

311

Pumping Equipment

201

171

Pumping Equipment Electric

20

15

Pumping Equipment Chemical

8

6

339

Other Miscellaneous Equipment

18

15

3. Water Treatment

Plant

21

304

Structures and Improvements (see “Source of Supply” for subcategory lives)

321

271

310

Power Generation Equipment

20

17

311

Pumping Equipment

201

171

Pumping Equipment-Electric

20

15

Pumping Equipment-Chemical

8

6

320

Water Treatment Equipment

221

171

Chlorination Equipment

10

7

Membrane Elements

5

5

Other Mechanical Equipment

25

20

339

Other Miscellaneous Equipment

18

15

4.Transmission & Distribution Plant

36

304

Structures & Improvements (See “Source of Supply” for subcategory lives)

321

271

310

Power Generation Equipment

20

17

311

Pumping Equipment

201

171

Pumping Equipment – Electric

20

15

Pumping Equipment – Chemical

8

6

330

Distribution Reservoirs & Stand

Pipes

371

331

Steel Pneumatic Tank

35

30

Concrete Ground Storage Reservoir

40

37

331

Transmission & Distribution Mains

431

381

Galvanized Steel pipe & Fittings

35

33

Black Steel Pipe

20

18

Plastic Pipe2

45

40

Asbestos – Cement

40

35

Cast Iron or Ductile Iron

40

35

Valves & Valve Boxes

25

20

Fire Mains

33

30

333

Services2

40

35

334

Meters and Meter Installations

20

17

335

Hydrants

45

40

336

Backflow Prevention Devices

15

10

339

Other Plant and Miscellaneous Equipment

25

20

5. General Plant

304

Structures & Improvements

401

351

Wood Building

35

30

Masonry Building

40

35

Reinforced Concrete Building

40

37

Steel Building

40

35

Tanks or Sheds

25

20

340

Office Furniture & Equipment

15

15

Computers

6

6

341

Transportation Equipment

6

6

10

342

Stores Equipment

18

N/A

14 (composite of 342-348)

343

Tools, Shop & Garage Equipment

16

15

344

Laboratory Equipment

15

N/A

345

Power Operated Equipment

12

10

5

346

Communication Equipment

10

N/A

10

347

Miscellaneous Equipment

15

N/A

348

Other Tangible Plant

10

10

(b) Wastewater System Guideline Average Services Lives.

Large Utility

Small Utility

Small Utility

(Class A&B)

(Class C)

Function Composite3

Net Salvage %4

Account

Description

1. Intangible Plant

351

Organization

40

40

352

Franchise Cost

405

405

2. Collection System

35

354

Structures & Improvements Above Grade

321

271

Wood

28

25

Masonry

30

27

Reinforced Concrete

38

35

Steel Below Grade

25

22

Concrete

35

32

Steel

22

20

Lift Stations

25

22

355

Power Generation Equipment

20

17

360

Collection Sewers-Force2

301

271

361

Collection Sewers-Gravity2

45

40

Manholes

30

27

362

Special Collecting Structures

40

37

363

Services to Customers2

38

35

364

Flow Measuring Devices

5

5

365

Flow Measuring Installations

38

35

389

Other Miscellaneous Equipment

18

15

3. Pumping Plant

18

354

Structures & Improvements

321

271

355

Power Generating Equipment

20

17

370

Receiving Wells

30

25

371

Pumping Equipment

18

15

Pumping Equipment – Electric

18

15

Pumping Equipment – Chemical

7

5

389

Other Miscellaneous Equipment

18

15

4. Treatment and Disposal Plant

18

354

Structures & Improvements (see “Collection System” for subcategory lives)

321

271

355

Power Generating Equipment

20

17

371

Pumping Equipment

181

151

Pumping Equipment – Electric

18

15

Pumping Equipment – Chemical

7

5

380

Treatment & Disposal Equipment

181

151

Blowers, Motors, Pumps – Electric Controls

15

12

Chlorination Equipment

10

7

Other Mechanical Equipment

23

18

381

Plant Sewers

35

32

382

Outfall Sewer Lines

30

30

389

Other Plant and Miscellaneous Equipment

18

15

5. Reclaimed Water Treatment Plant

21

354

Structures & Improvements (see “Collection System” for subcategory lives)

321

271

355

Power Generating Equipment

20

17

371

Pumping Equipment

181

151

Pumping Equipment – Electric

18

15

Pumping Equipment – Chemical

7

5

374

Reuse Distribution Reservoirs

371

331

Steel Pneumatic Tank

35

30

Concrete Ground Storage Reservoir

40

37

380

Treatment & Disposal Equipment

181

151

Blowers, Motors, Pumps, Electric Controls

15

12

Chlorination Equipment

10

7

Other Mechanical Equipment

23

18

381

Plant Sewers

35

32

389

Other Plant and Miscellaneous Equipment

18

15

6. Reclaimed Water Distribution Plant

36

354

Structures & Improvements (see “Collection System” for subcategory lives)

321

271

355

Power Generating Equipment

20

17

366

Reuse Services

40

35

367

Reuse Meters and Meter Installation

20

17

371

Pumping Equipment

181

151

Pumping Equipment – Electric

181

15

Pumping Equipment – Chemical

7

5

375

Reuse Transmission & Distribution System

431

381

Plastic Pipe2

45

40

Valves & Valve Boxes

25

20

Fire Mains

33

30

389

Other Plant and Miscellaneous Equipment

18

15

7. General Plant

354

Structures & Improvements

401

351

Reinforced Concrete Building

45

40

Masonry Building

40

35

Wood Building

35

30

Steel Building

40

35

Tanks or Sheds

25

20

390

Office Furniture & Equipment

15

15

Computers

6

6

391

Transportation Equipment

6

6

10

392

Stores Equipment

18

N/A

14 (composite of 392-398)

393

Tools, Shop & Garage Equipment

16

15

394

Laboratory Equipment

15

N/A

395

Power Operated Equipment

12

10

5

396

Communication Equipment

10

N/A

10

397

Miscellaneous Equipment

15

N/A

398

Other Tangible Plant

10

10

(c) For the purposes of paragraphs (2)(a) and (b), the following apply:

1. 1 Denotes composite life.

2. 2 Plastic pipe footnote – assumes use of AWWA standard pipe only. Assumes AWWA DR18 used for all mains of 6'' or more.

3. 3 To be used only when acceptable company plant balances are not available for developing composites using account lives.

4. 4 Net Salvage zero except as indicated.

5. 5 Franchise costs must be amortized over a period of 40 years unless a specific time period is designated in the utility franchise agreement.

(3)(a) Average service life depreciation rates based on guideline lives and salvages must be used in any Commission proceeding in which depreciation rates are addressed, except for those utilities using depreciation rates in accordance with the requirements listed in subsections (6) and (7) of this rule. A utility must also implement the applicable guideline rates for any new plant to be placed in service.

(b) A utility may implement applicable guideline rates without specific approval by the Commission. Guideline rates, if implemented for any account, must be implemented for all accounts. If a utility implements applicable guideline rates outside of a rate proceeding, the utility must provide written notification to the Director of Economics within 30 days of such implementation.

(c) If guideline depreciation rates have been implemented, the rates must not be changed unless approved by the Commission.

(4)(a) All Class A and B utilities must maintain depreciation rates and reserve activity data by account as prescribed by this Commission.

(b) All Class C utilities must maintain depreciation rates and reserve activity data by total depreciable plant, function or account as prescribed by this Commission.

(5) Computation of depreciation expense. Regulatory book depreciation expense must be computed on a monthly basis in conformity with group depreciation accounting procedures.

(6)(a) At the time a utility applies for a change in its revenue rates and charges, it may also petition for average service life depreciation rates different from those in the above schedule if it can justify the service lives that the utility is proposing in lieu of the guideline lives. That justification should be in the form of historic data, technical information or utility planning for the affected accounts or sub-accounts. Common causes of need for different depreciation rates include composition of account, adverse environmental conditions, high growth or regulatory changes.

(b) A utility filing for such a revision of depreciation rates must submit six copies of the filing to the office of the Office of Commission Clerk.

(c) For each account or function of depreciable plant addressed in the filing, the following must be included:

1. A comparison of current and proposed depreciation rates and service lives. The proposed effective date of the new rates must be identified.

2. A comparison of depreciation expenses resulting from current rates with those produced by the proposed rates. Plant balances used in this calculation must be those as of the effective date of the proposed rates.

3. A general narrative defining the service environment of the applicant utility and the factors (e.g., composition of account, growth, environmental conditions, regulatory changes) leading to the present application for a revision in rates in the affected accounts.

4. Any statistics, data, analyses or calculations used in the development of the proposed average service lives.

(7)(a) A Class A, B, or C utility may apply for guidelines for a proposal for implementation of remaining life depreciation rates if the utility has maintained both plant activity data by account and accumulated provision for depreciation (reserve) data by account, function or total depreciable plant generally in accord with the applicable Uniform System of Accounts for either at least ten years or since the inception of the utility, whichever is less.

(b) To provide time for study development, any application for remaining life guidelines should be submitted at least six months before the filing for a test year in connection with a request for a revenue rate increase.

(8) Prior to the date of retirement of major installations, the Commission may approve capital recovery schedules to correct associated calculated deficiencies in recovery where a utility demonstrates that retirement of the installation or group of installations is prudent and the associated investment will not be recovered by the time of retirement through the normal depreciation process.

(9)(a) Beginning with the year ending December 31, 2003, all Class A and B utilities must maintain separate sub-accounts for: (1) each type of Contributions-in-Aid-of-Construction (CIAC) charge collected including, but not limited to, plant capacity, meter installation, main extension or system capacity; (2) contributed plant; (3) contributed lines; and (4) other contributed plant not mentioned previously. Establishing balances for each new sub-account may require an allocation based upon historical balances. Each CIAC sub-account must be amortized in the same manner that the related contributed plant is depreciated. Separate sub-accounts for accumulated amortization of CIAC must be maintained to correspond to each sub-account for CIAC.

(b) Beginning with the year ending December 31, 2003, for Class C utilities, where adequate CIAC records are maintained in sub-accounts, by type of charge or contributed plant, CIAC amortization rates must be applied separately to each sub-account. Where CIAC records are not kept by sub-account, a composite depreciation rate for total plant, excluding general plant, must be applied to the entire CIAC account.

(c) Any composite rate used must be recalculated each year based on the applicable plant balances and depreciation rates.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 350.115, 367.081(2), 367.121(1) FS. History–New 3-22-84, Formerly 25-10.32, 25-10.032, Amended 11-10-86, 5-8-88, 11-21-95, 12-4-03, 5-29-08, 9-3-26.

Fla. Admin. Code R. 25-30.145 Audit Access to Records

This rule addresses the reasonable access to utility and affiliate records provided for in Section 367.156(1), F.S., for the purposes of management and financial audits.

(1) The audit scope, audit program and objectives, and audit requests are not constrained by relevancy standards narrower than those provided by Section 367.156(1), F.S.

(2) Reasonable access means that company responses to audit requests for access to records shall be fully provided within the time frame established by the auditor. In establishing a due date, the auditor shall consider the location of the records, the volume of information requested, the number of pending requests, the amount of independent analysis required, and reasonable time for the utility to review its response for possible claims of confidentiality or privilege.

(3) In those instances where the utility disagrees with the auditor’s assessment of a reasonable response time to the request, the utility shall first attempt to discuss the disagreement with the auditor and reach an acceptable revised date. If agreement cannot be reached, the utility shall discuss the issue with successive levels of supervisors at the Commission until an agreement is reached. If necessary, a final decision shall be made by the Prehearing Officer. If the audit is related to an undocketed case, the Chairman shall make the decision.

(4) The utility and its affiliates shall have the opportunity to safeguard their records by copying them or logging them out, provided, however, that safeguard measures shall not be used to prevent reasonable access by Commission auditors to utility or affiliate records.

(5) Reasonable access to records includes reasonable access to personnel to obtain testimonial evidence in response to inquiries or through interviews.

(6) Nothing in this rule shall preclude Commission auditors from making copies or taking notes. In the event these notes relate to documents for which the company has asserted confidential status, such notes shall also be given confidential status.

(7) Form PSC/APA 6 (2/95), entitled “Audit Document and Record Request/Notice of Intent” is incorporated by reference into this rule. This form is used by auditors when requests are formalized. This form documents audit requests, the due dates for responses, and all Notices of Intent to Seek Confidential Classification.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 350.117, 367.121, 367.156(1) FS. History–New 2-28-95.

Fla. Admin. Code R. 25-30.210 Definitions

For the purpose of this part, the following definitions apply:

(1) “Customer” shall mean any person, firm, association, corporation, governmental agency, or similar organization who has an agreement to receive service from the utility;

(2) “Main” shall mean a pipe, conduit or facility which conveys utility service to individual services or to other mains;

(3) “Meter” shall mean any device used to measure service rendered to a customer by a utility;

(4) “Service Pipe” shall mean the pipe between the utility’s mains and the point of delivery and shall include all of the pipe, fittings and valves necessary to make the connection excluding the meter.

(5) “Service Connection” shall mean the point of connection of the customer’s piping with the meter or service pipe owned by the utility.

(6) “Point of Delivery” shall mean where the service pipe is connected to the utility company’s main.

(7) “Point of Delivery” for water systems shall mean the outlet connection of the meter for metered service or the point at which the utility’s piping connects with the customer’s piping for non-metered service.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 9-12-74, Formerly 25-10.15, 25-10.015, Amended 11-10-86.

Fla. Admin. Code R. 25-30.225 Plant and Facilities

(1) Each utility shall design, construct, and install its plant in accordance with accepted engineering practices to ensure reasonably adequate and safe service to its customers.

(2) Each utility shall maintain and operate its plant and facilities by employing qualified operators in accordance with the rules of the Department of Environmental Protection.

(3) Each utility shall exercise due care to reduce the hazards to which employees, customers, and the public may be exposed by reason of the utility’s equipment or facilities.

(4) Each utility shall make reasonable effort to warn and protect the public from any danger which exists or arises on account of the utility’s equipment or facilities.

(5) Each water utility shall operate and maintain in safe, efficient, and proper condition, all of its facilities and equipment used to distribute, regulate, measure or deliver service up to and including the point of delivery into the piping owned by the customer.

(6) Each wastewater utility shall operate and maintain in safe, efficient, and proper condition, all of its facilities and equipment used to collect and regulate the flow of wastewater in the sewer mains. The wastewater utility may require that each customer be responsible for cleaning and maintaining sewer laterals to the point of delivery.

(7) Each utility which provides both water and wastewater service shall operate and maintain in safe, efficient, and proper condition, all of its facilities to the point of delivery.

(8) Each utility shall maintain on file at its principal office located within the state, suitable maps, drawings, and records of its system and facilities to show size, location, character, date of installation and installed cost of major items of plant and extension of facilities.

(9) Each utility shall inspect its plant and facilities in such a manner and with such frequency as may be necessary to ensure that the plant and facilities are maintained in proper condition for rendering safe and adequate service.

History

• Rulemaking Authority 350.121(1)(f), 367.121(1) FS. Law Implemented 367.111, 367.121 FS. History–New 9-12-74, Amended 3-26-81, Formerly 25-10.42, 25-10.042, Amended 11-10-86.

Fla. Admin. Code R. 25-30.230 Service Facilities

(1) Each water utility shall provide a service pipe of suitable capacity from its main up to and including the customer’s service control valve and meter box for water service to the customer. Each water utility shall provide a service, control valve, and meter box. The utility may locate the service control valve and the meter box at or near the customer’s curb or property line.

(2) Each wastewater utility shall provide the service pipe to the service connection, and may locate the connection at or near the customer’s curb or property line.

(3) Each utility shall provide service facilities at its own expense unless the utility’s tariff provides otherwise.

(4) All service facilities remain the property of the utility.

History

• Rulemaking Authority 367.121(1)(f) FS. Law Implemented 367.121 FS. History–New 9-12-74, Formerly 25-10.86, 25-10.086, Amended 11-10-86.

Fla. Admin. Code R. 25-30.231 Extent of System Which Utility Shall Maintain

Each utility, unless specifically relieved in any case by the Commission from such obligation, shall operate and maintain in safe, efficient and proper condition all of the facilities and equipment used in connection with the collection and regulation of flow of wastewater in the sewer mains and the distribution, regulation, measurement and delivery of water service to the customer up to and including the point of delivery into the piping owned by the customer. The utility may require that each customer shall be responsible for cleaning and maintaining sewer laterals to the service connection.

History

• Rulemaking Authority 367.121(1)(f) FS. Law Implemented 367.111 FS. History–New 4-20-63, Amended 9-12-74, Formerly 25-10.109, Amended 11-10-86.

Fla. Admin. Code R. 25-30.235 Safety

Every public utility shall at all times use every reasonable effort properly to warn and protect the public from any danger, and shall exercise due care to reduce the hazards to which employees, customers, and the public may be subjected by reason of its equipment and facilities.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.111 FS. History–New 9-12-74, Formerly 25-10.45, 25-10.045.

Fla. Admin. Code R. 25-30.240 Change in Character of Service

Any substantial change to be made by the utility in the conditions or character of service rendered which would impair the safe, efficient use of the equipment of customers shall not be made without the prior approval of the Commission and without adequate notice to the customers. Any such change shall be accompanied by a general inspection and adjustment of customer equipment that would be affected thereby to the extent necessary that such equipment may operate as efficiently and give as good service as was possible before the change. This shall be done promptly, without direct charge, and with a minimum of inconvenience to the customer.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.111 FS. History–New 9-12-74, Formerly 25-10.44, 25-10.044.

Fla. Admin. Code R. 25-30.245 Accidents

(1) Each utility shall keep a record of any accident which endangers the public or the utility’s employees, or disrupts the utility’s service facilities in such a manner as could have caused substantial property damage, serious personal injury or death.

(2) Each utility shall furnish its accident reports to the Commission upon request of the Commission staff.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.111, 367.121 FS. History–New 9-12-74, Formerly 25-10.29, 25-10.029, Amended 11-10-86.

Fla. Admin. Code R. 25-30.250 Continuity of Service

(1) Each utility shall make all reasonable efforts to provide continuous service. Should interruption in service occur, however, each utility shall reestablish service with the shortest delay consistent with the safety of its customers and the general public.

(2) Each utility shall schedule any necessary interruptions in service at a time anticipated to cause the least inconvenience to its customers. Each utility shall notify its customers prior to scheduled interruptions.

(3) Where public fire protection is provided by the mains affected by the interruption, the utility shall notify the Fire Chief or any other public official responsible for fire protection, that an interruption has occurred or will occur. Additionally, the utility shall notify that person when service is or is anticipated to be restored.

(4) Where a customer’s water or wastewater service is interrupted and remains out of service in excess of forty-eight (48) hours after the customer has notified the utility of the interruption, the utility shall refund to that customer the pro-rata portion of the month’s charges for the period of days during which service was not provided. This paragraph applies only to utilities which have service tariffs that provide for charges on a non-metered rate. The utility may refund the amount owed as credit toward the customer’s subsequent bill for service.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.111 FS. History–New 9-12-74, Formerly 25-10.56, 25-10.056, Amended 11-10-86.

Fla. Admin. Code R. 25-30.251 Record and Report of Interruptions

(1) Each utility shall maintain a record of all interruptions in service which affect 10 percent (10%) or more of its customers. The record shall show the cause of the interruption, its date, time, duration, remedy, and steps taken to prevent recurrence.

(2) The utility shall notify the Commission of any interruptions in service which affect ten percent (10%) or more of its customers. Notification to the Commission shall be made within one work day of notification to the utility that such an interruption has occurred, and within one work week after service has been restored. The utility shall file a complete report of the record to the Commission regarding the interruption.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121 FS. History–New 9-12-74, Formerly 25-10.28, 25-10.028, Amended 11-10-86.

Fla. Admin. Code R. 25-30.255 Measurement of Service for Water Utilities

(1) Except as provided in subsection (2) of this rule, each utility must measure water sold upon the basis of metered volume sales unless the Commission approved flat rate service arrangements for that utility.

(2) A utility may provide flat rate on estimated service for:

(a) Temporary service where the utility can readily estimate water use.

(b) Public and private fire protection service.

(c) Water used for street sprinkling and sewer flushing when provided for by contract between the utility and the municipality or other local governmental authority.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.111 FS. History–New 9-12-74, Formerly 25-10.87, 25-10.087, Amended 11-10-86, 9-2-26.

Fla. Admin. Code R. 25-30.260 Meter Installation

(1) Generally, each utility shall locate meters at or near the customer’s curb or property line. When it is impractical to locate meters at or near the customer’s curb or property line, the utility may locate a meter in any other reasonably convenient or accessible place which affords protection against damage.

(2) When meters are grouped, the utility shall tag each meter to identify the customer whose services are measured by that meter.

(3) Each utility shall install an accessible service control valve on the inlet side of each meter.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.111, 367.121 FS. History–New 9-12-74, Formerly 25-10.88, 25-10.088, Amended 11-10-86.

Fla. Admin. Code R. 25-30.261 Meter Readings

(1) The utility shall read its service meters at regular intervals and, insofar as practicable within regularly scheduled work days, on the corresponding day of each meter reading period.

(2) The utility shall read the register of each meter in the same units that the utility uses for billing purposes, except that a water meter may register in gallons or in cubic feet.

(3) The service meters shall be marked to indicate the units measured by that meter.

(4) The meter shall be marked with any constant or multiplier that the utility uses to determine the amount of service used by a customer.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.111, 367.121 FS. History–New 9-12-74, Formerly 25-10.95, 25-10.095, Amended 11-10-86.

Fla. Admin. Code R. 25-30.262 Meter Accuracy Requirements

Each utility shall employ water meters which register within the accuracy limits set forth in this chart:

Accuracy limits in percentages

Maximum

Intermediate

Minimum Rate

Meter Type

Rate

Rate

New

Repaired

Displacement

98.5-101.5

98.5-101.5

95-101.5

90-101.5

Current

97-102

None

95-102

90-102

Compound*

97-103

97-103

95-103

90-103

*The minimum required accuracy for compound meters at any rate within the “changeover” range of flows shall be 85%.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121(1)(a), 367.122(1) FS. History–New 9-12-74, Formerly 25-10.92, 25-10.092, Amended 11-10-86.

Fla. Admin. Code R. 25-30.263 Meter Test Methods

(1) Each utility shall test its displacement type cold water meters on at least the three rates of flow set forth in the following chart:

Meter

Normal Test

Size

Flow Limits

Test Flow Gallons Per Minute

Inches

GPM

Minimum

Median

Maximum

5/8

1-20

1/4

2

15

3/4

2-30

1/2

3

25

1

3-50

3/4

4

35

1 1/2

5-100

11/2

8

50

2

8-160

2

15

100

3

16-300

4

20

150

4

28-500

37

40

200

6

48-1000

12

60

500

(2) Each utility shall test its current, compound and fire-service type meters on at least three rates of flow: one at the minimum test flow and two or more within the normal test flow limits of the table set forth in subsection (1) of this rule, with the upper test flow to be at a rate as high as practicable.

(3) Each utility shall test its compound meters within the “changeover” range of flows to determine overall operational efficiency and accuracy of registration.

(4) A utility may test any displacement type meter after installation if the meter is three inches or larger. However, each utility shall test its current, compound and fire-service type meters in place to achieve maximum accuracy, and may install a test tee in the outlet piping to facilitate and reduce the cost of testing for meters which are three inches or larger.

(5) Each utility may affix a seal to each of its tested and adjusted meters. The utility may affix the seal in such manner that it would have to be broken before any adjustment to meter registration could be achieved.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121(1)(a), 367.122 FS. History–New 9-12-74, Formerly 25-10.90, 25-10.090, Amended 11-10-86.

Fla. Admin. Code R. 25-30.264 Meter Testing Equipment

(1)(a) Each utility providing metered water service shall either provide the necessary standard facilities, instruments and other equipment for testing meters in compliance with Rule 25-30.263, F.A.C., or enter into arrangements with other utilities or agencies for the testing of the utility’s meters.

(b) When the utility opts to arrange for its testing to be performed by another utility or agency, that utility shall notify the Commission.

(2)(a) Standard meters may be used by the utility for field tests of meter accuracy provided that they are tested and calibrated to permit the testing of meters within the limits of accuracy set out in Rule 25-30.263, F.A.C.

(b) Testing and calibration of the standard meters shall be done either by the utility with its volumetric or weight standard equipment, or by an approved laboratory.

(c) Testing and calibration of the standard meters shall be done at least once every sixty (60) days while the standard meter is in use.

History

• Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 367.121(1)(a), 367.122(1) FS. History–New 9-12-74, Formerly 25-10.89, 25-10.089, Amended 11-10-86.

Fla. Admin. Code R. 25-30.265 Periodic Meter Tests

Each utility shall inspect and test a representative sample of its meters in service at least once during the intervals set out in this rule.

Size of Meter

Maximum Interval Between Tests

5/8''

10 years

3/4''

8 years

1''

6 years

1 1/2''

4 years

2''

4 years

3''

3 years

4''

2 years

6''

1 year

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121(1)(a), 367.122 FS. History–New 9-12-74, Formerly 25-10.93, 25-10.093, Amended 11-10-86.

Fla. Admin. Code R. 25-30.266 Meter Test by Request

(1)(a) Upon written request of any customer whose meter has not been tested within one-half the maximum interval provided in Rule 25-30.265, F.A.C., the utility shall make a field test for accuracy of that customer’s meter.

(b) The utility may not charge for any field test performed pursuant to paragraph (a) of this subsection.

(2)(a) The utility may require a deposit to defray cost of any bench test requested by any customer. However, the deposit may not exceed the following schedule:

Meter Size

(inches)

Fee

5/8 and 3/4

$20.00

1 and 1 1/2

$25.00

2 and over

Actual Cost of Test

(b) The utility may retain the deposit if the customer’s meter is found to register accurately or below accuracy.

(c) The utility shall refund the deposit if the customer’s meter is found to register in excess of prescribed accuracy limits.

(3) The Commission may provide a representative to observe or supervise any bench test upon written request from the customer or utility. The utility shall advise the customer of the customer’s right to witness the bench test.

(4) The utility shall provide the customer with a written report of the results of any test performed pursuant to this rule.

(5) A meter shall in no way be disturbed after the utility has received notice that application has been made for a test by the customer unless a representative of the Commission is present or unless authority to do so is first given in writing by the Commission or by the customer.

(6) At the request of the customer, the utility shall make arrangements for a meter test to be conducted by an independent meter testing facility of the customer’s choosing. The customer shall be responsible for negotiating and paying to the independent meter testing facility any fee charged for such a test. Such independent meter testing facilities shall, at minimum, conform to the requirements of the American Waterwork’s Association Water Meters Selection Installation Testing and Maintenance (AWWA-M6-1972). Where appropriate, the meter may be field tested. The customer shall be responsible for all the costs to the utility associated with a meter test by an independent meter testing facility. The utility shall provide a detailed estimate of such costs and may require payment of such costs prior to the actual meter test. If the meter is found to be running fast in excess of the limits established by these rules, such costs shall be refunded, but if within the allowable limit, the utility may retain the costs.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121(1)(a), 367.122 FS. History–New 9-12-74, Amended 1-4-79, 10-11-83, Formerly 25-10.94, 25-10.094, Amended 11-10-86.

Fla. Admin. Code R. 25-30.267 Record of Meter Tests

(1) Each utility shall preserve the original records of all meter tests at least until same meter is performed or until the meter is retired by a later test.

(2) These records shall include:

(a) Sufficient information to identify the meter;

(b) The reason for the test;

(c) Date of test and reading of the meter;

(d) The computed accuracy before and after the repair; and,

(e) Any other data taken at the time of the test which would permit the convenient checking of the test results.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121(1)(a), 367.122 FS. History–New 9-12-74, Formerly 25-10.91, 25-10.091, Amended 11-10-86.

Fla. Admin. Code R. 25-30.310 Initiation of Service

(1) A utility may require that application for service be made in writing and in accordance with the forms prescribed by the utility. However, the utility shall treat a completed application as notice that service is desired and as an expression of the applicant’s willingness to conform to the utility’s service rules and regulations which are in effect and on file with the Commission.

(2) Upon an applicant’s compliance with utility’s reasonable rules regarding service initiation, the utility shall initiate service without unreasonable delay. To ensure effectiveness of its rules regarding service and the initiation of service, a utility shall set out its rules or policies in its tariff, and those rules or policies shall have uniform application.

(3) In addition to the above, the utility shall provide each applicant for service with a copy of the brochure entitled “Your Water and Sewer Service” which is prepared by and available from the Florida Public Service Commission, Office of Consumer Assistance and Outreach, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0867.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.111, 367.121 FS. History–New 9-12-74, Formerly 25-10.71, 25-10.071, Amended 11-10-86.

Fla. Admin. Code R. 25-30.311 Customer Deposits

(1) Deposit required; establishment of credit. Each company’s tariff shall contain their specific criteria for determining the amount of initial deposit. Each utility may require an applicant for service to satisfactorily establish credit, but such establishment of credit shall not relieve the customer from complying with the utilities’ rules for prompt payment of bills. Credit will be deemed so established if:

(a) The applicant for service furnishes a satisfactory guarantor to secure payment of bills for the service requested. A satisfactory guarantor shall, at a minimum, be a customer of the utility with a satisfactory payment record. A guarantor’s liability shall be terminated when a residential customer whose payment of bills is secured by the guarantor meets the requirements of subsection (5) of this rule. Guarantors providing security for payment of residential customers’ bills shall only be liable for bills contracted at the service address contained in the contract of guaranty.

(b) The applicant pays a cash deposit.

(c) The applicant for service furnishes an irrevocable letter of credit from a bank or a surety bond.

(2) Receipt for deposit. A non-transferrable certificate of deposit shall be issued to each customer and means provided so that the customer may claim the deposit if the certificate is lost.

(3) Record of deposits. Each utility having on hand deposits from customers shall keep records to show:

(a) The name of each customer making the deposit;

(b) The premises occupied by the customer when the deposit was made;

(c) The date and amount of deposit; and

(d) A record of each transaction concerning such deposit.

(4) Interest on deposit.

(a) Each public utility which requires deposits to be made by its customers shall pay a minimum interest on such deposits of 2 percent per annum. The utility shall pay an interest rate of 3 percent per annum on deposits of nonresidential customers qualifying under subsection (5) below, when the utility elects not to refund such a deposit after 23 months. Such interest rates shall be applied within 45 days of the effective date of the rule.

(b) The deposit interest shall be simple interest in all cases and settlement shall be made annually, either in cash or by credit on the current bill. This does not prohibit any public utility paying a higher rate of interest than required by this rule. No customer depositor shall be entitled to receive interest on his deposit until and unless a customer relationship and the deposit have been in existence for a continuous period of six months, then he shall be entitled to receive interest from the day of the commencement of the customer relationship and the placement of deposit.

(5) Refund of deposits. After a customer has established a satisfactory payment record and has had continuous service for a period of 23 months, the utility shall refund the residential customer’s deposits and shall, at its option, either refund or pay the higher rate of interest specified above for nonresidential deposits, providing the customer has not, in the preceding 12 months, (a) made more than one late payment of a bill (after the expiration of 20 days from the date of mailing or delivery by the utility), (b) paid with check refused by a bank, (c) been disconnected for nonpayment, or at any time, (d) tampered with the meter, or (e) used service in a fraudulent or unauthorized manner. Nothing in this rule shall prohibit the company from refunding at any time a deposit with any accrued interest.

(6) Refund of deposit when service is discontinued. Upon termination of service, the deposit and accrued interest may be credited against the final account and the balance, if any, shall be returned promptly to the customer but in no event later than fifteen (15) days after service is discontinued.

(7) New or additional deposits. A utility may require, upon reasonable written notice of not less than 30 days, such request or notice being separate and apart from any bill for service, a new deposit, where previously waived or returned, or an additional deposit, in order to secure payment of current bills; provided, however, that the total amount of the required deposit should not exceed an amount equal to the average actual charge for water and/or wastewater service for two billing periods for the 12-month period immediately prior to the date of notice. In the event the customer has had service less than 12 months, then the utility shall base its new or additional deposit upon the average monthly billing available.

History

• Rulemaking Authority 367.121, 350.127(2) FS. Law Implemented 367.081, 367.111, 367.121 FS. History–New 6-1-63, Amended 4-1-69, 9-12-74, 6-10-80, 1-31-84, Formerly 25-10.72, 25-10.072, Amended 10-13-88, 4-25-94, 7-26-12.

Fla. Admin. Code R. 25-30.315 Temporary Service

(1) Upon compliance with subsection (3) of this rule, a utility may require an applicant customer to pay all the anticipated costs of installing and removing facilities and materials for temporary service.

(2) When temporary service is terminated, the utility shall credit the customer with the reasonable salvage value of the service facilities and materials if the customer has made advance payment pursuant to subsection (1) of this rule.

(3) Each utility shall set out in its tariff a definition of and policy or rules regarding temporary service.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.111 367.121 FS. History–New 9-12-74, Formerly 25-10.85, 25-10.085, Amended 11-10-86.

Fla. Admin. Code R. 25-30.320 Refusal or Discontinuance of Service

(1) Until adequate facilities can be provided, a utility may refuse to serve an applicant if, in the best judgment of the utility, it does not have adequate facilities, or supply to render the service applied for, or if the service is of character that is likely to affect unfavorably service to other customers.

(2) As applicable, the utility may refuse or discontinue service under the following conditions provided that, unless otherwise stated, the customer shall be given written notice and allowed a reasonable time to comply with any rule or remedy any deficiency:

(a) For noncompliance with or violation of any state or municipal law or regulation governing such utility service.

(b) For failure or refusal of the customer to correct any deficiencies or defects in his piping or equipment which are reported to him by the utility.

(c) For the use of utility service for any other property or purpose than that described in the application.

(d) For failure or refusal to provide adequate space for the meter or service equipment of the utility.

(e) For failure or refusal to provide the utility with a deposit to insure payment of bills in accordance with the utility’s regulation.

(f) For neglect or refusal to provide reasonable access to the utility for the purpose of reading meters or inspection and maintenance of equipment owned by the utility.

(g) For nonpayment of bills, including nonpayment of municipal sewer service under circumstances specifically provided in Section 159.18(2), F.S., or noncompliance with the utility’s rules and regulations in connection with the same or a different type or a different class of utility service furnished to the same customer at the same premises by the same or affiliated utility only after there has been a diligent attempt to have the customer comply, including at least 5 working days’ written notice to the customers. Such notice shall be separate and apart from any bill for service. For purposes of this subsection, “working day” means any day on which the utility’s office is open and the U.S. Mail is delivered. A utility shall not, however, refuse or discontinue service for nonpayment of a dishonored check service charge imposed by the utility.

(h) Without notice in the event of a condition known to the utility to be hazardous.

(i) Without notice in the event of tampering with regulators, valves, piping, meter or other facilities furnished and owned by the utility.

(j) Without notice in the event of unauthorized or fraudulent use of service. Whenever service is discontinued for fraudulent use of such service, the utility, before restoring service, may require the customer to make at his own expense all changes in piping or equipment necessary to eliminate illegal use and to pay an amount reasonably estimated as the deficiency in revenue resulting from such fraudulent use. Service shall not be discontinued if, prior to the arrival of the utility to discontinue service, the customer has:

1. Paid for all fraudulent use of service;

2. Demonstrated the fraudulent use has ceased;

3. Paid all other applicable fees and charges; and,

4. The service condition allowing fraudulent use of service has been corrected.

(3) Service shall be restored when cause for discontinuance has been satisfactorily adjusted.

(4) In case of refusal to establish service, or whenever service is discontinued, the utility shall notify the applicant or customer in writing of the reason for such refusal or discontinuance. In all instances involving refusal or discontinuance of service the utility shall advise in its notice that persons dissatisfied with the utility’s decision to refuse or discontinue service may register their complaint with the utility’s Customer Relations Personnel and to the Florida Public Service Commission at 1(800)342-3552, which is a toll free number.

(5) The following shall not constitute sufficient cause for refusal or discontinuance of service to an applicant or customer:

(a) Delinquency in payment for service by a previous occupant of the premises unless the current applicant or customer occupied the premises at the time the delinquency occurred and the previous customer continues to occupy the premises and such previous customer will receive benefit from such service.

(b) Failure to pay for appliances or equipment purchased from the utility.

(c) Failure to pay for a different class of service, except where two or more classes of service are rendered to the same customer at the same premises.

(d) Failure to pay the bill of another customer as guarantor thereof.

(e) Failure to pay a dishonored check service charge imposed by the utility.

(6) No utility shall discontinue service to any customer, between 12:00 noon on a Friday and 8:00 a.m. the following Monday or between 12:00 noon on the day preceding a public holiday and 8:00 a.m. the next working day; provided, however, that this prohibition shall not apply when:

(a) Discontinuance is requested by or agreed to by the customer; or

(b) A hazardous condition exists; or

(c) Meters or other utility-owned facilities have been tampered with; or

(d) Service is being obtained fraudulently or is being used for unlawful purposes.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.111, 367.121 FS. History–New 9-12-74, Amended 4-3-80, 10-25-84, Formerly 25-10.74, 25-10.074, Amended 11-10-86, 1-1-91, 1-7-93, 11-30-93, 10-28-98.

Fla. Admin. Code R. 25-30.325 Termination of Service by Customer

A utility may require a customer to give reasonable notice of his or her intention to discontinue service. Until the utility receives such notice, a customer may be held responsible for all service rendered.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.111, 367.121 FS. History–New 9-12-74, Formerly 25-10.73, 25-10.073, Amended 11-10-86.

Fla. Admin. Code R. 25-30.330 Information to Customers

(1) Each utility shall provide its customers with the following information on at least an annual basis:

(a) Telephone numbers regular and after hours;

(b) Office address.

(2) Each utility shall provide its customers, upon request, with such other information and assistance as reasonably may be necessary to ensure that the customer receives safe, efficient service.

(3) Upon request of a customer, each utility shall provide information as to the method of reading meters and the computation of billing which results from reading meters.

(4) When a customer requests a bench test of his or her meter, the utility shall inform that customer of the provisions of Rule 25-30.266, F.A.C., and shall advise that the customer may request the test be made or supervised by a Commission representative.

(5) Upon request of a customer, the utility is to provide a copy or explanation of the utility’s rates applicable to the customer’s classification for service and to assist the customer in obtaining the rate which is most advantageous for the customer’s service requirements.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 9-12-74, Formerly 25-10.69, 25-10.069, Amended 11-10-86.

Fla. Admin. Code R. 25-30.335 Customer Billing

(1) Except as provided in this rule, a utility must render bills to customers at regular intervals, and each bill must indicate the billing period covered; beginning and ending meter reading; the amount of the bill; the delinquent date or the date after which the bill becomes past due; and any authorized late payment charge.

(2) When a utility is unable to obtain an actual meter read, estimated bills may be provided.

(a) If the utility estimates a bill, the word “Estimated” must be prominently displayed on the face of the bill.

(b) The utility is obligated to timely correct any problems within the utility’s control causing the need to estimate bills. In no event may a utility provide an estimated bill to any one customer account more than four times in any 12-month period due to circumstances that are within the utility’s control and service obligations.

(c) Upon issuance of a second estimated bill in a 6-month period, the utility must provide the customer with an explicit written explanation for the estimation, along with the utility contact information and the Commission toll-free complaint number, 1(800)342-3552.

(d) The utility must maintain records for a minimum of two years, detailing the number, frequency, and causes of estimated bills, and those records must be made available upon request to the Commission or to any party to a rate proceeding for the utility.

(3) When service is rendered for less than 50 percent of the normal billing cycle, the utility must prorate the base facility charges, flat rates, or rates that include minimum usage as though the normal billing cycle were 30 days. The utility may elect to not issue an initial bill if the service is rendered for a period less than 50 percent of the normal billing cycle. Instead, the utility may elect to issue a single bill combining the amount owed for the service rendered during the initial time period with the amount owed for the next billing cycle.

(4) If a customer requests a temporary discontinuance of service or is out of residence:

(a) Utilities that have the base facility charge rate structure must continue to bill the base facility charge.

(b) Utilities that have a flat rate or a rate that includes minimum usage must bill the customer 40 percent of the flat or minimum rate contained on the applicable tariff.

(5) If a customer requests a permanent termination of service and the same customer subsequently requests service at the same location within 12 months of that termination, the utility must bill the customer the base facility charges or 40 percent of the flat rate or rates that include minimum usage for the service termination period. The customer is responsible for payment of all outstanding rates and charges for the termination period in order for service to be restored.

(6) A utility may not consider a customer delinquent in paying his or her bill until the 21st day after the utility has mailed or presented the bill for payment.

(7) A utility must establish each point of delivery as an independent customer account and must calculate the amount of the bill accordingly, except where physical conditions make it necessary to use additional meters or points of delivery for one class of service to a single customer on the same premises, or where such multiple meters or delivery points are used for the convenience of the utility.

(8) A utility may not incorporate municipal or county franchise fees into the amount indicated as the cost for service on the customer’s bill. Rather, the utility must show any such franchise fee as a separate item.

(9) The utility must maintain a record of each customer’s account for the most current 2 years so as to permit reproduction of the customer’s bills during the time that the utility provided service to that customer.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121 FS. History–New 9-14-74, Amended 6-21-79, Formerly 25-10.97, 25-10.097, Amended 11-10-86, 11-30-93, 6-17-13, 4-22-21.

Fla. Admin. Code R. 25-30.340 Adjustment of Bills for Meter Error

(1) In meter tests made by the Commission or by the utility at the request of the customer (as provided in Rule 25-30.266, F.A.C.) the accuracy of registration of the meter and its performance in service shall be judged by its averaged error. The average meter error shall be considered to be the algebraic average of the errors at the test rate flows set out in Rule 25-30.263, F.A.C. Any adjustment of charges which is made in accordance with this rule shall be based on the average error thus derived.

(2) Fast meters. Whenever a meter tested is found to register fast in excess of the tolerance permitted under Rule 25-30.262, F.A.C., the utility shall refund to the customer the amount billed in error for one half the period from the time the meter was the meter was last tested not to exceed twelve (12) months except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date, based upon available records. The refund shall not include any part of the minimum charge.

(3) Slow meters.

(a) Except as provided by this paragraph, a utility may backbill in the event that a meter is found to be slow, non-registering or partially registering. A utility may not backbill for any period greater than twelve (12) months from the date it notifies a customer that his or her meter is slow, non-registering or partially registering. If it can be ascertained that the meter was slow, non-registering or partially registering for less than twelve (12) months prior to notification, then the utility may backbill only for the lesser period of time. In any event, the customer may extend the payments of the backbill over the same amount of time for which the utility issued the backbill. Nothing in this subsection shall be construed to limit the application of subsection (5) of this rule.

(b) Whenever a meter tested is found to register slow in excess of the tolerance established under Rule 25-30.262, F.A.C., the utility may bill the customer in accordance with this subsection. If the utility has required a deposit as permitted under Rule 25-30.266, F.A.C., the customer may be billed only for that portion of the unbilled error which is in excess of the deposit retained by the utility.

(c) In the event of a non-registering or a partially registering meter, unless the provisions of subsection (4) of this rule apply, a customer may be billed on an estimated amount based on previous bills for similar usage.

(4) It shall be understood that when a meter is found to be in error in excess of the prescribed accuracy limits, fast or slow, the figure to be used for calculating the amount of refund or charge in subsection (2) or paragraph (3)(b) above, shall be that percentage of error as determined by the test.

(5) In the event of unauthorized use, the customer may be billed on a reasonable estimate of the service taken. The utility may assess a fee to defray the cost of restoring service provided such charge is specified in the tariff.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.111 FS. History–New 9-12-74, Amended 5-3-82, Formerly 25-10.98, 25-10.098, Amended 11-10-86.

Fla. Admin. Code R. 25-30.345 Customer Service Charges

(1) When a utility has disconnected service for proper cause as specified in Rule 25-30.320, F.A.C., the utility may charge a reasonable fee to defray the cost of restoring service provided that the fee is specified in the utility’s tariff.

(2) When an applicant requests temporary service, the utility may charge a reasonable fee pursuant to Rule 25-30.315, F.A.C., to defray the cost of installing and removing facilities and materials.

(3) A utility may have other customer service charges. These are specified in the utility’s tariff.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.111 FS. History–New 3-6-71, Amended 9-12-74, Formerly 25-10.99, 25-10.099, Amended 11-10-86.

Fla. Admin. Code R. 25-30.350 Underbillings and Overbillings for Water and Wastewater Service

(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.

(2) In the event of an overbilling, the utility shall refund the overcharge to the customer based on available records. If the commencement date of the overbillling cannot be determined, then an estimate of the overbilling shall be made based on the customer’s past consumption.

(3) In the event of an overbilling, the customer may elect to receive the refund as a one-time disbursement, if the refund is in excess of $20, or as a credit to future billings. Refunds for overbillings shall be disbursed pursuant to Rule 25-30.360, F.A.C.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.091, 367.121 FS. History–New 11-10-86, Amended 6-17-13, 11-25-19.

Fla. Admin. Code R. 25-30.351 Unauthorized Use

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.

History

• Rulemaking Authority 350.127, 367.121 FS. Law Implemented 367.091, 367.121 FS. History–New 6-17-13.

Fla. Admin. Code R. 25-30.355 Complaints

(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.

History

• Rulemaking Authority 350.127(2), 367.0812(5), 367.121(1) FS. Law Implemented 367.0812(1), 367.111, 367.121(1) FS. History–New 9-12-74, Formerly 25-10.70, 25-10.070, Amended 11-10-86, 6-21-18.

Fla. Admin. Code R. 25-30.360 Refunds

(1) Applicability. All refunds under this chapter shall be made in accordance with this rule, unless another rule in this chapter specifically sets forth the procedure for making refunds. The calculation for overbillings shall be pursuant to Rule 25-30.350, F.A.C., and disbursed pursuant to this rule.

(2) Timing of Refunds. Refunds must be made within 90 days of the Commission’s order unless a different time frame is prescribed by the Commission. A timely motion for reconsideration temporarily stays the refund, pending the final order on the motion for reconsideration. In the event of a stay pending reconsideration, the timing of the refund shall commence from the date of the order disposing of any motion for reconsideration. This rule does not authorize any motion for reconsideration not otherwise authorized by Chapter 25-22, F.A.C.

(3) Basis of Refund. Where the refund is the result of a specific rate change, including interim rate increases, and the refund can be computed on a per customer basis, that will be the basis of the refund. However, where the refund is not related to specific rate changes, such as a refund for overearnings, the refund shall be made to customers of record as of a date specified by the Commission. In such case, refunds shall be made on the basis of usage. Per customer refund refers to a refund to every customer receiving service during the refund period. Customer of record refund refers to a refund to every customer receiving service as of a date specified by the Commission.

(4) Interest.

(a) In the case of refunds which the Commission orders to be made with interest, the average monthly interest rate until refund is posted to the customer’s account shall be based on the 30 day commercial paper rate for high grade, unsecured notes sold through dealers by major corporations in multiples of $1,000 as regularly published in the Wall Street Journal.

(b) This average monthly interest rate shall be calculated for each month of the refund period:

1. By adding the published interest rate in effect for the last business day of the month prior to each month the refund period and the published rate in effect for the last business day of each month of the refund period divided by 24 to obtain the average monthly interest rate;

2. The average monthly interest rate for the month prior to distribution shall be the same as the last calculated average monthly interest rate.

(c) The average monthly interest rate shall be applied to the sum of the previous month’s ending balance (including monthly interest accruals) and the current month’s ending balance divided by 2 to accomplish a compounding effect.

(d) Interest Multiplier. When the refund is computed for each customer, an interest multiplier may be applied against the amount of each customer’s refund in lieu of a monthly calculation of the interest for each customer. The interest multiplier shall be calculated by dividing the total amount refundable to all customers, including interest, by the total amount of the refund, excluding interest. For the purpose of calculating the interest multiplier, the utility may, upon approval by the Commission, estimate the monthly refundable amount.

(e) Commission staff shall provide applicable interest rate figures and assistance in calculations under this rule upon request of the affected utility.

(5) Method of Refund Distribution. For those customers still on the system, a credit shall be made on the bill. In the event the refund is for a greater amount than the bill, the remainder of the credit shall be carried forward until the refund is completed. If the customer so requests, a check for any negative balance must be sent to the customer within 10 days of the request. For customers entitled to a refund but no longer on the system, the company shall mail a refund check to the last known billing address except that no refund for less than $1.00 will be made to these customers.

(6) Security for Money Collected Subject to Refund. In the case of money being collected subject to refund, the money shall be secured by a bond unless the Commission specifically authorizes some other type of security such as placing the money in escrow, approving a corporate undertaking, or providing a letter of credit. The company shall provide a report by the 20th of each month indicating the monthly and total amount of money subject to refund as of the end of the preceding month. The report shall also indicate the status of whatever security is being used to guarantee repayment of the money.

(7) Refund Reports. During the processing of the refund, monthly reports on the status of the refund shall be made by the 20th of the following month. In addition, a preliminary report shall be made within 30 days after the date the refund is completed and again 90 days thereafter. A final report shall be made after all administrative aspects of the refund are completed. The above reports shall specify the following:

(a) The amount of money to be refunded and how that amount was computed;

(b) The amount of money actually refunded;

(c) The amount of any unclaimed refunds; and,

(d) The status of any unclaimed amounts.

(8) Any unclaimed refunds shall be treated as cash contributions-in-aid-of-construction.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.0814, 367.082(2) FS. History–New 8-18-83, Formerly 25-10.76, 25-10.076, Amended 11-30-93, 11-25-19.

Fla. Admin. Code R. 25-30.410 Definitions

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.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 11-10-86.

Fla. Admin. Code R. 25-30.415 Return on Common Equity

(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.

History

• Rulemaking Authority 367.121(1) FS. Law Implemented 367.081(4) FS. History–New 3-26-81, Formerly 25-10.186, Amended 11-10-86, 7-20-87.

Fla. Admin. Code R. 25-30.420 Establishment of Price Index, Adjustment of Rates; Requirement of Bond; Filings After Adjustment; Notice to Customers

(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.

(2) Any utility seeking to increase or decrease its rates based upon the application of the index established pursuant to subsection (1) and as authorized by Section 367.081(4)(a), F.S., must file a notice of intention and the materials listed in paragraphs (a) through (i) below with the Commission’s Division of Accounting and Finance either by mail at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399 or by email at Applications@psc.state.fl.us at least 60 days prior to the effective date of the increase or decrease. Form PSC 1022 (5/22) is an example application that may be completed by the applicant to comply with this subsection. The adjustment in rates will take effect on the date specified in the notice of intention unless the Commission finds that the notice of intention or accompanying materials do not comply with Section 367.081(4), F.S. or this rule. The notice must be accompanied by:

(a) Revised tariff sheets;

(b) A computation schedule showing the increase or decrease in annual revenue that will result when the index is applied;

(c) The affirmation required by Section 367.081(4)(c), F.S.;

(d) A copy of the notice to customers required by subsection (5);

(e) The rate of return on equity that the utility is affirming it will not exceed pursuant to Section 367.081(4)(c), F.S.;

(f) An annualized revenue figure for the test year used in the index calculation reflecting the rate change, along with an explanation of the calculation, if there has been any change in the utility’s rates during or subsequent to the test year;

(g) The utility’s Department of Environmental Protection Public Water System identification number and Wastewater Treatment Plant Operating Permit number;

(h) A statement that the utility does not have any active written complaints, corrective orders, consent orders, or outstanding citations with the Department of Environmental Protection or the County Health Department(s) or that the utility does have active written complaints, corrective orders, consent orders, or outstanding citations with the Department of Environmental Protection or the County Health Department(s);

(i) A copy of any active written complaints, corrective orders, consent orders, or outstanding citations with the Department of Environmental Protection or the County Health Department(s).

(3) If the Commission, upon its own motion, implements an increase or decrease in the rates of a utility based upon the application of the index established pursuant to subsection (1) and as authorized by Section 367.081(4)(a), F.S., the Commission will require a utility to file the information required in subsection (2).

(4) Upon a finding of good cause, the Commission will require that a rate increase pursuant to Section 367.081(4)(a), F.S., be implemented under a bond or corporate undertaking in the same manner as interim rates. For purposes of this subsection, “good cause” will include:

(a) Inadequate service by the utility;

(b) Inadequate record-keeping by the utility such that the Commission is unable to determine whether the utility is entitled to implement the rate increase or decrease under this rule.

(5) Prior to the time a customer begins consumption at the rates established by application of the index, the utility shall notify each customer of the increase or decrease authorized and explain the reasons therefore.

(6) A utility is prohibited from filing a notice of intention pursuant to this rule unless the utility has filed with the Commission an annual report as required by subsection 25-30.110(3), F.A.C., for the test year specified in the order establishing the index for the year.

(7) A utility is prohibited from implementing a rate increase pursuant to this rule within one year of the official date that it filed a rate proceeding, unless the rate proceeding has been completed or terminated.

History

• Rulemaking Authority 350.127(2), 367.081(4)(a), 367.121(1)(c), (f) FS. Law Implemented 367.081(4), 367.121(1)(c), (g) FS. History–New 4-5-81, Amended 9-16-82, Formerly 25-10.185, Amended 11-10-86, 6-5-91, 4-18-99, 12-11-03, 9-3-19, 2-15-23.

Fla. Admin. Code R. 25-30.425 Pass Through Rate Adjustment

(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.

(2) Prior to an adjustment in rates pursuant to Section 367.081(4)(b), F.S., the utility shall file its verified notice and supporting documents with the Commission’s Division of Accounting and Finance at least 45 days prior to the effective date of its pass through rate adjustment, or at least 60 days prior to the effective date of its combined or simultaneously filed price index and pass through rate adjustments if the utility requests an exception to the 45 day effective date, as referenced in paragraph (2)(h), to allow the price index and pass through rate adjustments to be implemented as one rate adjustment pursuant to Section 367.081(4)(e), F.S. Each verified notice of a pass through rate adjustment shall include the following supporting documents. If the same information or supporting document is required for both the price index and pass through rate adjustments, such as revised tariff sheets, annualized revenue calculations, return on equity affirmations, and customer notices, the applicant may file a combined supporting document to be used for both applications:

(a) Revised tariff sheets reflecting the increased or decreased rates;

(b) A schedule showing the calculation of the proposed rates, including the following information. If the pass through rate adjustment is combined with a price index rate adjustment, a combined schedule that shows the calculation of both the price index and pass through rate adjustments may be provided:

1. The calculation of the recurring annual or amortized annual amount of the new expense or incremental change calculated as referenced in subsection (3);

2. The utility’s actual annual revenue or calculation of the annualized revenue for the most recent 12-month period, or 12-month test year if combined or simultaneously filed with a price index application. If there were any Commission-approved changes to the utility’s rates during the 12-month period or test year, the revenue should be annualized to reflect the revenue that would have resulted if the rate change had been in effect the entire 12 months. The annualized revenue calculation should reflect the annual number of bills broken down by customer class and meter size, and the annual gallons of water or wastewater service sold broken down by customer class. Annualized revenues should be calculated separately if the utility provides both water and wastewater service;

3. If the pass through of an increase or decrease in purchased water or wastewater utility service, purchased power, or wastewater biosolids disposal is applied only to the gallonage charge in the rate adjustment calculation, provide a schedule showing the gallons of water or wastewater service sold during each month of the most recent 12-month period or test year, broken down by customer class and meter size, if not shown in the revenue calculation previously provided in subparagraph (2)(b)2., above; and,

4. The calculation of the proposed rates that shows the current rates, dollar amount of the pass through increase or decrease, and proposed adjusted rates. The percentage increase or decrease resulting from the pass through adjustment for any specified expense may be applied to all rates equally or allocated between the base facility charge and gallonage charge based on the following guidelines:

(I) The percentage increase or decrease in purchased water or wastewater utility service, purchased power, or wastewater biosolids disposal may be applied solely to the gallonage charge;

(II) The percentage increase or decrease in ad valorem taxes may be applied solely to the base facility charge;

(III) The percentage increase or decrease in any specified expense that was adjusted using a specific allocation methodology in the utility’s last rate proceeding or in a prior pass through adjustment may be applied using that same methodology; and,

(IV) The percentage increase or decrease in any specified expense that reflects a single assessment to the water and wastewater systems combined may be allocated between the water and wastewater rates based on the equivalent residential connection ratio of water and wastewater customers;

(c) A copy of the current invoice, proof of payment, or other documentation that demonstrates that the specified expense has been adjusted or is a new requirement. If the specified expense is an existing expense that was not previously included in the utility’s rates, also provide a statement confirming that the specified expense has never been embedded in the utility’s rates;

(d) A copy of the invoice(s) or other documentation that supports the utility’s calculation of the recurring annual or amortized annual increase or decrease in the specified expense referenced in subparagraph (2)(b)1., as follows:

1. For a frequently recurring specified expense, such as purchased power, provide a copy of all invoices received for the most recent 12-month period or test year;

2. For a specified expense that occurs on an annual basis, such as ad valorem taxes, provide a copy of the invoice received for the prior year;

3. For a specified expense that occurs less than annually, such as NPDES permit program fees, provide a copy of the invoice received the last time the expense occurred, or

4. For the pass through of an incremental increase or decrease in regulatory assessment fees that were previously included in the utility’s rates by another governmental entity prior to the Commission’s regulation of the utility, provide documentation that shows the percentage or amount of regulatory assessment fees that were previously included in the utility’s rates, such as a copy of an order, ordinance, rate calculation, or other available information that can be used to determine and verify the percentage of regulatory assessment fees that were previously included in the utility’s rates.

(e) The utility’s DEP Public Water System identification number and Wastewater Treatment Plant Operating Permit number;

(f) The affirmation required by Section 367.081(4)(c), F.S., including the rate of return on equity that the utility is affirming it will not exceed with this rate adjustment;

(g) A copy of the notice to customers required by subsection (6); and,

(h) If applicable, a statement that the utility requests an exception to the 45 day effective date provided by Section 367.081(4)(b), F.S., to allow combined or simultaneously filed price index and pass through rate adjustments to be implemented together as one rate adjustment pursuant to Section 367.081(4)(e), F.S., with an effective date 60 days after the official filing date of the utility’s notice of intention to increase rates through a price index rate adjustment filed pursuant to Section 367.081(4)(a), F.S., and subsection 25-30.420(2), F.A.C.

(3) The recurring annual or amortized annual amount of the new expense or incremental change shall be calculated as follows:

(a) The change in a frequently recurring specified expense, such as purchased power, shall be calculated as an annual total, broken down by month for the most recent 12-month period or for the 12-month test year if combined or simultaneously filed with a price index rate adjustment. The calculation shall reflect the following information:

1. All charges or fees included in the total specified expense, such as the purchased water or wastewater base facility charge, gallonage charge, any applicable billing or service fees, and taxes, even if some of the rates or fees did not change;

2. The actual or annualized charges for the specified expense. If the rates or charges for the specified expense changed during the 12-month period or test year, the actual charges should be annualized to reflect the charges that would have resulted if the prior rates or charges had been in effect the entire 12 months;

3. The annualized charges that would have resulted if the new rates had been in effect the entire 12 months;

4. The difference between the charges at the prior and new rates; and,

5. If the utility’s most recent rate proceeding included adjustments for excessive unaccounted for water (EUW) or excessive inflow and infiltration (I&I), the calculation of an increase or decrease in purchased water or wastewater utility service or purchased electric power shall also include the same percentage EUW or I&I adjustments. If the utility has taken steps to reduce EUW or I&I since its most recent rate proceeding, the utility may, but is not required to, provide additional information to demonstrate that the EUW or I&I percentages have been reduced. Any proposed revision to the EUW or I&I percentages should be calculated as referenced in subsection (4).

(b) The change in a specified expense that occurs on an annual basis, such as ad valorem taxes, shall be calculated as an annual total based on a comparison of the prior expense and new expense. If applicable, the calculation of the increase or decrease in ad valorem taxes only shall include the following additional adjustments:

1. If any ad valorem tax bills reflect a single assessment for combined water and wastewater property, the calculation shall also include the utility’s calculation of the equivalent residential connection ratio of water and wastewater customers used to allocate the combined tax assessment between the utility’s water and wastewater rates; and,

2. If the utility’s last rate proceeding included adjustments for non-used and useful plant, the calculation shall also include an adjustment to remove the portion of the ad valorem taxes related to the water or wastewater plant that is not used and useful in providing utility service.

(c) The change in a specified expense that occurs less than annually, such as NPDES permit program fees, shall be calculated as an annual amortized amount based on a comparison of the prior and new expense. The expense shall be amortized as a non-recurring expense in accordance with subsection 25-30.433(8), F.A.C., and the calculation shall include an explanation if the expense is amortized for a period other than five years.

(4) The pass through of changes in purchased water or wastewater utility service or purchased electric power shall be adjusted for EUW or I&I consistent with adjustments approved by the Commission in the utility’s most recent rate proceeding, if applicable. If the utility has taken steps to reduce the EUW and I&I percentages since its most recent rate proceeding, the utility may, but is not required, to provide the following information to demonstrate that the EUW and I&I percentages have been reduced and that the previously approved EUW and I&I percentages should either be reduced or eliminated from the pass through rate adjustment calculation:

(a) A description of any steps taken by the utility to reduce the EUW or I&I since the utility’s last rate proceeding; and,

(b) A schedule showing the updated calculation of EUW or I&I broken down by month for the most recent 12-month period or test year including:

1. The gallons of water or wastewater treatment purchased from the governmental authority or regulated utility that has increased or decreased its rates. If wastewater treatment service is not based on a metered flow, describe how the wastewater flows are determined and include the number of units by which the service is measured;

2. If the utility purchases water or wastewater service from more than one governmental authority or regulated utility, include the gallons of water or wastewater treatment purchased from any other governmental authority or regulated utility not reflected in subparagraph (4)(b)1., above. If wastewater treatment service is not based on a metered flow, describe how the wastewater flows are determined and include the number of units by which the service is measured;

3. The gallons of water pumped or wastewater treated by the utility, if applicable;

4. The gallons of water or wastewater service sold by the utility;

5. The total unaccounted for water or inflow and infiltration; and,

6. A statement explaining the EUW or I&I if the total water available for sale or total wastewater treatment purchased is still in excess of 110 percent of the water or wastewater service sold.

(5) The amount administratively approved for a pass through rate adjustment shall not exceed the actual cost incurred. Foregone pass through decreases shall not be used to adjust a pass through increase below the actual cost incurred.

(6) The utility shall provide each customer with written notice of the administratively approved rate adjustment, including the effective date and an explanation of the reasons for the increase or decrease, prior to the time each customer will begin consumption at the adjusted rates. If the pass through rate adjustment is combined or simultaneously filed with a price index rate adjustment, the utility may provide the information for both rate adjustments in a combined customer notice.

History

• Rulemaking Authority 350.127(2), 367.081, 367.121(1)(c), (f) FS. Law Implemented 367.081(4), 367.121(1)(c), (g) FS. History–New 6-10-75, Amended 4-5-79, 4-5-81, 10-21-82, Formerly 25-10.179, Amended 11-10-86, 6-5-91, 4-18-99, 2-19-17.

Fla. Admin. Code R. 25-30.430 Test Year Approval

(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.

(3) Any requests for extensions of time to file the application shall be made to the Director, Division of Accounting and Finance. Upon good cause shown and if the extension will not cause the approved test year to be unrepresentative, the Director shall grant an extension in writing.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081 FS. History–New 6-10-75, Amended 6-13-79, 3-26-81, 9-27-83, Formerly 25-10.175, Amended 11-10-86, 6-25-90, 11-30-93.

Fla. Admin. Code R. 25-30.431 Used and Useful Consideration

(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 Sections 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.

(3) As part of its application filed pursuant to Rule 25-30.437, F.A.C., the utility shall submit its most recent wastewater capacity analysis report, if any, filed with DEP.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081(2)(a)2.b., c. FS. History–New 12-14-99.

Fla. Admin. Code R. 25-30.432 Wastewater Treatment Plant Used and Useful Calculations

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.

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.081(2) FS. History–New 12-26-02.

Fla. Admin. Code R. 25-30.4325 Water Treatment and Storage Used and Useful Calculations

(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.

(2) The Commission’s used and useful evaluation of water treatment system and storage facilities will consider the prudence of the investment, economies of scale, and other relevant factors including whether flows have decreased due to conservation or to a reduction in the number of customers.

(3) Separate used and useful calculations shall be made for the water treatment system and storage facilities. An alternative calculation may also be provided, along with supporting documentation and justification, including service area restrictions, factors involving treatment capacity, well drawdown limitations, changes in flow due to conservation or to a reduction in the number of customers, and alternative peaking factors.

(4) A water treatment system is considered 100 percent used and useful if the service territory the system is designed to serve is built out and there is no apparent potential for expansion of the service territory or the system is served by a single well.

(5) The used and useful calculation of a water treatment system is made by dividing the peak demand by the firm reliable capacity of the water treatment system.

(6) The firm reliable capacity of a water treatment system is equivalent to the pumping capacity of the wells, excluding the largest well for those systems with more than one well.

(a) Firm reliable capacity is expressed in gallons per minute for systems with no storage capacity.

(b) Firm reliable capacity is expressed in gallons per day, based on 16 hours of pumping, for systems with storage capacity.

(7) Peak demand is based on a peak hour for a water treatment system with no storage capacity and a peak day for a water treatment system with storage capacity.

(a) Peak hour demand, expressed in gallons per minute, shall be calculated as follows:

1. The single maximum day (SMD) in the test year where there is no unusual occurrence on that day, such as a fire or line break, less excessive unaccounted for water, divided by 1440 minutes in a day, times 2 [((SMD-EUW)/1,440) x 2]; or

2. If the actual maximum day flow data is not available, 1.1 gallons per minute per equivalent residential connection (1.1 x ERC).

(b) Peak day demand, expressed in gallons per day, shall be calculated as follows:

1. The single maximum day in the test year where there is no unusual occurrence on that day, such as a fire or line break, less excessive unaccounted for water (SMD-EUW), or

2. If the actual maximum day flow data is not available, 787.5 gallons per day per equivalent residential connection (787.5 x ERC).

(8) The used and useful calculation of storage is made by dividing the peak demand by the usable storage of the storage tank. Usable storage capacity less than or equal to the peak day demand shall be considered 100 percent used and useful. A hydropneumatic tank is not considered usable storage.

(9) Usable storage determination shall be as follows:

(a) An elevated storage tank shall be considered 100 percent usable.

(b) A ground storage tank shall be considered 90 percent usable if the bottom of the tank is below the centerline of the pumping unit.

(c) A ground storage tank constructed with a bottom drain shall be considered 100 percent usable, unless there is a limiting factor, in which case the limiting factor will be taken into consideration.

(10) To determine whether an adjustment to plant and operating expenses for excessive unaccounted for water will be included in the used and useful calculation, the Commission will consider all relevant factors, including whether the reason for excessive unaccounted for water during the test period has been identified, whether a solution to correct the problem has been implemented, or whether a proposed solution is economically feasible.

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.081(2), (3) FS. History–New 6-8-08.

Fla. Admin. Code R. 25-30.433 Rate Case Proceedings

In a rate case proceeding, the following provisions apply:

(1) The Commission in every rate case will 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 will 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.

(2) In order to ensure safe, efficient, and sufficient service to utility customers, the Commission will consider whether the infrastructure and operational conditions of the plant and facilities are in compliance with Rule 25-30.225, F.A.C. In making this determination, the Commission will consider:

(a) Any testimony of DEP and county health department officials;

(b) Inspections, including sanitary surveys for water systems and compliance evaluation inspections for wastewater systems, and citations, violations and consent orders issued to the utility;

(c) Any testimony, complaints and comments of the utility’s customers and others with knowledge of the infrastructure and operational conditions of the utility’s plant and facilities; and

(d) Any utility testimony and responses to the information provided in paragraphs (2)(a)-(c) above.

(3) Working capital for Class A utilities must be calculated using the balance sheet approach. Working capital for Class B and C utilities must be calculated using the formula method (one-eighth of operation and maintenance expenses).

(4) Used and useful debit deferred taxes must be offset against used and useful credit deferred taxes in the capital structure. Any resulting net debit deferred taxes must be included as a separate line item in the rate base calculation. Any resulting net credit deferred taxes must be included in the capital structure calculation. No other deferred debits must be considered in rate base when the formula method of working capital is used.

(5) The averaging method used by the Commission to calculate rate base and cost of capital will be a 13-month average for Class A utilities and the simple beginning and end-of-year average for Class B and C utilities.

(6) Non-used and useful adjustments will be applied to the applicable depreciation expense. Property tax expense on non-used and useful plant will not be allowed.

(7) Charitable contributions will not be recovered through rates.

(8) Income tax expense will not be allowed for subchapter S corporations, partnerships or sole proprietorships.

(9) Non-recurring expenses will be amortized over a 5-year period unless a shorter or longer period of time can be justified.

(10) The amortization period for forced abandonment or the prudent retirement, in accordance with the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C., of plant assets prior to the end of their depreciable life will be calculated by taking the ratio of the net loss (original cost less accumulated depreciation and contributions-in-aid-of-construction (CIAC) plus accumulated amortization of CIAC plus any costs incurred to remove the asset less any salvage value) to the sum of the annual depreciation expense, net of amortization of CIAC, plus an amount equal to the rate of return that would have been allowed on the net invested plant that would have been included in rate base before the abandonment or retirement. This formula will be used unless the specific circumstances surrounding the abandonment or retirement demonstrate a more appropriate amortization period.

(11) A utility is required to have the right of access and continued use of the land upon which the utility treatment facilities are located. Documentation of continued use must 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.

(12) In establishing an authorized rate of return on common equity, a utility, in lieu of presenting evidence, may use the current leverage formula adopted by Commission order. The equity return established must be based on the equity leverage order in effect at the time the Commission decides the case.

(13) Nonutility investment should be removed directly from equity when reconciling the capital structure to rate base unless the utility can show, through competent evidence, that to do otherwise would result in a more equitable determination of the cost of capital for regulatory purposes.

(14) Interest expense to be included in the calculation of income tax expense must be the amount derived by multiplying the amount of the debt components of the reconciled capital structure times the average weighted cost of the respective debt components. Interest expense must include an amount for the parent debt adjustment in those cases covered by Rule 25-14.004, F.A.C. Interest must also be imputed on deferred investment tax credits in those cases covered by 26 CFR Part 1, s. 1.46-6(b)(2)(i), (3) and (4)(ii) (April 7, 2008), incorporated by reference herein and which may be accessed at https://flrules.org/Gateway/reference.asp?No=Ref-19640 and effective for property constructed or acquired on or after August 15, 1971.

History

• Rulemaking Authority 350.127(2), 367.0812(5), 367.0814, 367.121, 367.1213 FS. Law Implemented 367.081, 367.0812(1), 367.0814, 367.0822, 367.1213 FS. History–New 11-30-93, Amended 12-14-93, 7-11-18, 9-3-26.

Fla. Admin. Code R. 25-30.434 Application for Allowance for Funds Prudently Invested (AFPI) Charges

(1) An Allowance for Funds Prudently Invested (AFPI) charge is a mechanism that allows a utility the opportunity to earn a fair rate of return on prudently constructed plant held for future use from the future customers to be served by that plant in the form of a charge paid by those customers.

(2) Each application for AFPI charges must comply with the notice requirements specified in Rule 25-30.4345, F.A.C.

(3) Each application for AFPI charges must provide the following information. If any of the following items do not apply to the applicant, the applicant must state the reason it does not apply.

(a) The applicant’s name and address.

(b) A statement describing how the noticing requirements have been complied with, including a copy of the actual notice(s).

(c) The numbers of all Commission order(s) that:

1. Previously established customer rates for the applicant either in a rate case or a reverse make-whole proceeding; and

2. Established AFPI charges for the applicant.

(d) The charge must be calculated for one equivalent residential connection (ERC) on a monthly basis up to the time the utility reaches the designed capacity of the plant for which the charge applies. The charges cease when the plant has reached its designed capacity or if the plant is abandoned or retired. Further, the AFPI charge ceases if the Commission subsequently approves a 100% used and useful for the associated plant.

(e) A statement explaining the basis for the requested charges and conditions.

(f) The dollar amount of the non-used and useful plant, accumulated depreciation, contributions-in-aid-of-construction (CIAC), the accumulated amortization of CIAC, and the methodology used to determine these amounts. The net of these four amounts will be considered the cost of qualifying assets. Separate balances for plant, accumulated depreciation, CIAC, and accumulated amortization of CIAC must be reported for the water treatment plant, wastewater treatment plant, water transmission and distribution system and wastewater collection system.

(g) The plant capacity related to each of the systems in paragraph (f), above, and the methodology used to determine the amount.

(h) The number of future customers in number of ERCs related to the non-used and useful plant by system.

(i) The amount of depreciation expense, CIAC amortization expense, and composite depreciation rate related to the non-used and useful plant by system.

(j) The overall rate of return requested for the AFPI charge and the workpapers supporting the calculation.

(k) The last authorized rate of return on equity and references to the docket number of the last rate case and the resulting order.

(l) The state and federal income tax rates requested for calculating the AFPI charge.

(m) All other costs such as non-used and useful property taxes and operation and maintenance expenses removed in the last rate case.

(n) The test year to be used in the calculation, the month that the utility expects the charge to go into effect and the number of years the utility expects to collect the charge. Applicants must provide a detailed explanation of why the number of years to collect the charge represents a reasonable and prudent management decision in the construction of plant.

(o) The workpapers and calculations used to develop the proposed AFPI charge. Commission Form PSC 1036 (06/26), entitled “Allowance for Funds Prudently Invested,” outlines the required calculations and is comprised of the following required “AFPI Filing Schedules:”

Schedule 1 – List of Information Imputed Into Calculation

Schedule 2 – Calculation of Carrying Costs Per ERC

Schedule 3 – Calculation of Carrying Costs Per ERC Per Year

Schedule 4 – Calculation of Carrying Costs Per ERC Per Month

PSC 1036 (06/26) is incorporated by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19609. The form may be obtained on the Commission website at www.floridapsc.com. All calculations and schedules must be provided in Microsoft Excel format, with formulas intact and unlocked; must be provided via USB drive, CD, DVD, or other media; and may not be submitted by e-mail.

(p) The revised or original tariff sheets necessary to incorporate the AFPI charge into the tariff.

(4) The beginning date for accruing the AFPI charge must agree with the month following the end of the test year that was used to establish the amount of non-used and useful plant. If any connections have been made between the beginning date and the effective date of the charge, no AFPI will be collected from those connections.

(5) Unless the utility demonstrates that the 5-year period is inappropriate, it is prudent for a utility to have an investment in future use plant for a period of no longer than 5 years beyond the test year.

(6) For utilities that have non-used and useful plant to be held for periods longer than what is determined to be prudent, the AFPI charge will cease accruing charges and will remain constant after the accrual period, established by the Commission, has expired. The utility can continue to collect the constant charge until all ERCs projected in the calculation have been added.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121 FS. History–New 11-30-93, Amended 9-2-26.

Fla. Admin. Code R. 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

(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.

History

• Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.091, 367.101, 367.111 FS. History–New 5-27-93, Formerly 25-22.0408, Amended 3-7-22.

Fla. Admin. Code R. 25-30.435 Application for Rate Increase

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.081 FS. History–New 11-10-86, Repealed 6-25-90.

Fla. Admin. Code R. 25-30.436 General Information and Instructions Required of Water and Wastewater Utilities in an Application for Rate Increase

(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.

(2) The applicant’s petition for rate relief will not be deemed filed until the appropriate filing fee has been paid and all minimum filing requirements set forth in this rule and in Rule 25-30.437, F.A.C., have been met, including filing of the applicant’s prepared direct testimony unless the applicant has filed its petition pursuant to Section 367.081(10), F.S. At a minimum, the direct testimony shall explain why the rate increase is necessary and address those areas anticipated at the time of filing to be at issue.

(3) The applicant must state any known deviation from the policies, procedures and guidelines prescribed by the Commission in relevant rules or in the company’s last rate case.

(4) The rate case application and information required by this rule must be e-filed by the utility with the Office of Commission Clerk. Within seven calendar days after the electronic filing, the utility must provide to the Office of Commission Clerk ten paper copies of the filing, clearly labeled “COPY,” and, as applicable, Commission Form PSC 1028 (12/20) for a Class A utility, Form PSC 1029 (12/20) for a Class B utility, or Commission Form PSC 1030 (12/20) for a Class C utility, which are incorporated by reference in Rule 25-30.437, F.A.C. For Class A and B utilities, only two copies of Schedule E-14, entitled Billing Analysis Schedules, are required. For Class C utilities, only two copies of Schedule E-6, entitled Billing Analysis Schedules, are required. The applicable Commission Form must be provided in Microsoft Excel format with formulas intact and unlocked. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by e-mail.

(5) In the rate case application:

(a) Each schedule must be cross-referenced to identify related schedules as either supporting schedules or recap schedules.

(b) Each page of the filing must be consecutively numbered on 8 1/2 x 11-inch paper.

(c) Except for handwritten official company records, all data in the petition, exhibits and minimum filing requirements must be typed.

(d) Any proposed corrections, updates or other changes to the originally filed data must be e-filed by the utility with the Office of Commission Clerk. Within seven calendar days after the electronic filing, the utility must provide to the Office of Commission Clerk ten paper copies of the filing, clearly labeled “COPY.” Any schedules that have been changed must be provided in Microsoft Excel format with formulas intact and unlocked. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by e-mail. On the same day as the e-filing, the utility must serve an electronic copy of the filing on each party.

(e) If the capital structure contains zero or negative equity, a return on equity must be requested, which shall be up to the maximum of the return of the current equity leverage formula established by order of this Commission pursuant to Section 367.081(4), F.S.

(f) The provisions of Rule 25-30.433, F.A.C., must be followed in preparing the utility’s application.

(g) Any system that has costs allocated or charged to it from a parent, affiliate or related party, in addition to those costs reported on Schedule B-12 of Commission Form PSC 1028 (12/20) for a Class A utility PSC 1029 (12/20) for a Class B utility, or PSC 1030 (12/20) for a Class C utility, which are incorporated by reference in Rule 25-30.437, F.A.C., must e-file additional schedules that show the following information:

1. The total costs being allocated or charged prior to any allocation or charging as well as the name of the entity from which the costs are being allocated or charged and its relationship to the utility.

2. For costs allocated or charged to the utility in excess of one percent of test year revenues:

a. A detailed description and itemization; and,

b. The amount of each itemized cost.

3. The allocation or direct charging method used and the bases for using that method.

4. The workpapers used to develop the allocation method, including but not limited to the numerator and denominator of each allocation factor.

5. The workpapers used to develop, where applicable, the basis for the direct charging method.

6. An organizational chart of the relationship between the utility and its parent and affiliated companies and the relationship of any related parties.

7. A copy of any contracts or agreements between the utility and its parent or affiliated companies for services rendered between or among them.

(h) For any land recorded on the utility’s books since rate base was last established, the utility shall file documentation of the utility’s right to access and continue use of the land upon which the utility treatment facilities are or will be located. Documentation of continued use must 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, executed 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 a rate increase.

(6) The Director of the division that has been assigned the primary responsibility for the filing is the designee of the Commission for purposes of determining whether the utility has met the minimum filing requirements imposed by this rule.

(7) Within 60 days after the issuance of a final order entered in response to an application for increased rates, or, if applicable, within 60 days after the issuance of an order entered in response to a motion for reconsideration of the final order, each utility must submit a breakdown of actual rate case expense incurred, in total, in a manner consistent with Schedule No. B-10 of Commission Form PSC 1028 (12/20) for Class A utilities and Form PSC 1029 (12/20) for Class B utilities, and Schedule B-7 of Commission Form PSC 1030 (12/20) for Class C utilities, which are incorporated by reference in Rule 25-30.437, F.A.C. If the deadline prescribed above cannot be met, a utility may request an extension from the Director of the Division of Accounting and Finance for good cause shown, such as financial hardship, severe illness, or significant weather events such as hurricanes, but good cause does not include reasons such as management oversight or vacation time.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.083, 367.121 FS. History–New 11-10-86, Amended 6-25-90, 11-30-93, 1-31-00, 1-27-21.

Fla. Admin. Code R. 25-30.437 Financial, Rate, and Engineering Minimum Filing Requirements for Water and Wastewater Utilities in an Application for Rate Increase

(1) Each utility applying for a rate increase must provide the information required by Commission Form PSC 1028 (12/20), entitled “Class A Water and/or Wastewater Utilities Financial, Rate and Engineering Minimum Filing Requirements,” PSC 1029 (12/20), entitled “Class B Water and/or Wastewater Utilities Financial, Rate and Engineering Minimum Filing Requirements,” or PSC 1030 (12/20), entitled “Class C Water and/or Wastewater Utilities Financial, Rate or Engineering Minimum Filing Requirements,” whichever is applicable. Commission Form PSC 1028 (12/20) is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12644; Commission Form PSC 1029 (12/20) is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12645; and Commission Form PSC 1030 (12/20) is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12646. These forms are incorporated into this rule by reference and are available on the Commission’s website at www.floridapsc.com.

(2) In compiling the required schedules, additional instructions are set forth below:

(a) Each section of this form must be indexed and tabbed, including a table of contents listing the page numbers of each schedule.

(b) If information requested in the form described above is not applicable to the applicant, so state and provide an explanation on the specific schedule.

(c) If a projected test year is used, provide a complete set of Commission Form PSC 1028 (12/20) for Class A utilities, PSC 1029 (12/20) for Class B utilities, or PSC 1030 (12/20) for Class C utilities (as described above), which require a designation of historical or projected information. Such schedules must be submitted for the historical base year, and any year subsequent to the base year and prior to the projected test year, in addition to the projected test year. If no designation is shown on a schedule, submit that schedule for the test year only. In lieu of providing separate pages for the above required schedules, the information required can be combined on the same page by adding additional columns. In the rate base schedules, Section A, the beginning and end of year balances must be shown. For any intermediate period or year, only the year-end balance must be shown. A schedule must also be included which describes in detail all methods and bases of projection, explaining the justification for each method or basis employed. If an historical test year is used, Schedule E-13 is not required.

(d) If a petition for interim rates is filed, a utility must demonstrate that it is earning outside the range of reasonableness on rate of return calculated in accordance with Section 367.082(5), F.S. To demonstrate this, the utility must submit schedules of rate base, cost of capital and net operating income on an historical basis, with schedules of all adjustments thereto, consistent with Commission Form PSC 1028 (12/20) for a Class A utility, PSC 1029 (12/20) for a Class B utility, or PSC 1030 (12/20) for a Class C utility (described above).

(3) Each applicant for a rate increase must e-file with the Office of Commission Clerk the additional engineering minimum filing requirements (MFRs), identified in paragraphs (a)-(k), below. Within seven calendar days after e-filing the additional engineering MFRs, the utility must provide to the Office of Commission Clerk two paper copies of the additional engineering MFRs clearly labeled “COPY,” with the exception of the detailed map required by paragraph (a), of which only one copy is required.

(a) A detailed map showing:

1. The location and size of the applicant’s distribution and collection lines as well as its plant sites, and

2. The location and respective classification of the applicant’s customers.

(b) A list of chemicals used for water and wastewater treatment, by type, showing the dollar amount and quantity purchased, the unit prices paid and the dosage rates utilized.

(c) The most recent chemical analyses for each water system conducted by a certified laboratory covering the inorganic, organic turbidity, microbiological, radionuclide, secondary and unregulated contaminants specified in Chapter 62-550, F.A.C.

(d) All water and wastewater plant operating reports for the test year and the year preceding the test year.

(e) The most recent sanitary survey for each water plant and inspection report for each wastewater plant conducted by the health department or the Department of Environmental Protection (DEP).

(f) All health department and DEP construction and operating permits.

(g) Any Notices of Violation, Consent Orders, Letters of Notice, or Warning Notices from the health department or DEP in the previous five years.

(h) A list of all field employees, their duties, responsibilities, and certificates held, and an explanation of each employee’s salary allocation method to the utility’s capital or expense accounts.

(i) A list, by serial number and description, of all vehicles owned or leased by the utility showing the original cost or annual lease expense, who the vehicle is assigned to, and the method of allocation to the utility.

(j) A list, by customer, of all complaints received during the test year, with an explanation of how each complaint was resolved.

(k) A copy of all customer complaints that the utility has received regarding DEP secondary water quality standards during the past five years.

(4) If a utility is requesting uniform rates for systems that are not already combined in a uniform rate, the information required by this rule must be submitted on a separate basis for each system that has not already been combined in a uniform rate. For those systems already combined in a uniform rate, the utility must submit the required information as a single system. At a minimum, the following schedules of Form PSC 1030 (12/20), described above, must be filed on a combined basis for all systems included in the filing: A-1, A-2, A-3, A-16, B-1, B-2, B-3, B-4, B-5, B-10, B-11, B-12, plus all “C,” “D” and “E” schedules (no “F” schedules are required).

(5) In proposing rates, each utility must use the base facility and usage charge rate structure, unless an alternative rate structure is adequately supported by the applicant. The base facility charge incorporates fixed expenses of the utility and is a flat monthly charge. This charge is applicable as long as a person is a customer of the utility, regardless of whether there is any usage. The usage charge incorporates variable utility expenses and is billed on a per 1,000 gallon or 100 cubic feet basis in addition to the base facility charge. The rates are first established with the 5/8'' x 3/4'' meter as the foundation. For meter sizes larger than 5/8'', the base facility charge shall be based on the usage characteristics.

History

• Rulemaking Authority 350.127(2), 367.0812(5), 367.121 FS. Law Implemented 367.081, 367.0812, 367.082 FS. History–New 6-10-75, Amended 10-16-77, 3-26-81, Formerly 25-10.176, Amended 11-10-86, 6-25-90, 11-30-93, 1-27-21.

Fla. Admin. Code R. 25-30.438 Information Required in Application for Rate Increase From Utilities with Related Parties

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.081 FS. History–New 11-10-86, Repealed 1-27-21.

Fla. Admin. Code R. 25-30.4385 Additional Rate Information Required in Application for Rate Increase

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121 FS. History–New 11-30-93, Repealed 1-27-21.

Fla. Admin. Code R. 25-30.439 Rate Information Required in Application for Rate Increase

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.081 FS. History–New 11-10-86, Repealed 6-25-90.

Fla. Admin. Code R. 25-30.440 Additional Engineering Information Required of Class A and B Water and Wastewater Utilities in an Application for Rate Increase

History

• Rulemaking Authority 350.127(2), 367.0812(5), 367.121 FS. Law Implemented 367.081, 367.0812 FS. History–New 11-10-86, Amended 6-25-90, 2-10-15, Repealed 1-27-21.

Fla. Admin. Code R. 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

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.081 FS. History–New 11-10-86, Repealed 11-30-93.

Fla. Admin. Code R. 25-30.4415 Additional Information Required in Application for Rate Increase by Utilities Seeking to Recover the Cost of Investment in the Public Interest

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.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121 FS. History–New 11-30-93.

Fla. Admin. Code R. 25-30.442 Duplicate Information

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.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121 FS. History–New 11-10-86, Amended 6-25-90.

Fla. Admin. Code R. 25-30.443 Minimum Filing Requirements for Class C Water and Wastewater Utilities

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.082 FS. History–New 6-25-90, Amended 11-30-93, Repealed 1-27-21.

Fla. Admin. Code R. 25-30.444 Utility Reserve Fund

(1) PROJECT ELIGIBILITY. The following considerations must 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 are 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 NARUC USOA water utility plant account numbers 304, 305, 306, 307, 308, 309, 310, 311, 320, 330, 331, 333, 334, 335, 336, 337, and 339, and wastewater utility plant account numbers 354, 355, 360, 361, 362, 363, 364, 365, 366, 367, 368, 370, 371, 374, 375, 380, 381, 382, and 389, incorporated by reference in Rule 25-30.115, F.A.C.;

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, incorporated by reference in Rule 25-30.115, F.A.C., 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.

(b) The following projects are not eligible for a utility reserve fund:

1. Projects to repair or replace general plant that is not directly associated with the physical operation of the utility’s water or wastewater systems that are recorded in NARUC USOA water utility plant account numbers 340, 341, 342, 343, 344, 345, 346, 347, and 348, and wastewater utility plant account numbers 390, 391, 392, 393, 394, 395, 396, 397, and 398, incorporated by reference in Rule 25-30.115, F.A.C.;

2. Expenditures related to NARUC USOA water utility plant accounts 301 and 302, and wastewater utility plant accounts 351 and 352, incorporated by reference in Rule 25-30.115, F.A.C., which cover organization and franchise related expenditures;

3. Expenditures related to land or land rights recorded in NARUC USOA water utility plant account number 303 or wastewater utility plant account number 353, incorporated by reference in Rule 25-30.115, F.A.C., if the expenditure is necessary solely to meet future customer growth; or

4. Capital improvement projects to expand existing facilities or construct new facilities solely to meet future customer growth.

(c) When evaluating whether the utility’s request to create a utility reserve fund is the most appropriate methodology to address the utility’s eligible future infrastructure repair and replacement projects, the following additional factors will be considered:

1. Whether the anticipated completion date of the project allows sufficient time to accumulate the funds necessary to fund the project;

2. Whether the anticipated completion date is within 24 months of the end of the historic test year used in a jointly filed rate application, if applicable, thereby making the project eligible for consideration as a pro forma project in the rate proceeding pursuant to Section 367.081(2)(a)2., F.S.;

3. Whether the contributions-in-aid-of-construction that will result from the utility reserve fund will cause the utility to exceed the service availability policy guidelines provided in Rule 25-30.580, F.A.C.;

4. Whether any of the eligible projects included in the utility reserve fund will result in the complete elimination of either the water or wastewater treatment process;

5. Whether it has been more than seven years since the utility’s last rate case, if the request is filed as a stand-alone application or in conjunction with a limited proceeding; or

6. Whether the total increase resulting from implementation of the utility reserve fund surcharge will exceed the utility’s annual revenues for the most recent 12-month period or test year by more than 30 percent.

(2) UTILITY RESERVE FUND FILING REQUIREMENTS. Each applicant that requests approval to create a utility reserve fund must provide the following information to the Commission. The request may be filed as a stand-alone application or in conjunction with an application for rate increase filed pursuant to Section 367.081(2)(a), 367.0814, or 367.0822, F.S. If the request is filed in conjunction with an application for rate increase that also requires the applicant’s general information, paragraphs (2)(a), (b), and (c), may be omitted from the utility reserve fund portion of the joint application. A utility that qualifies for staff assistance as provided by subsection 25-30.455(1), F.A.C., may also request assistance with the utility reserve fund process.

(a) The utility’s name as it appears on the utility’s certificate, address, telephone number, and, if available, email address and fax number.

(b) The name(s), address(es), and telephone number(s) of the person(s) that should be contacted regarding this application.

(c) The address within the service area where the application is available for customer inspection during the time the rate application is pending.

(d) A statement of the reason(s) why the utility is requesting approval of a utility reserve fund.

(e) A capital improvement plan that includes: a general description of the age and condition of the utility’s facilities; a description of all infrastructure repair or replacement projects that the utility anticipates will be necessary within the next five years, at a minimum, even if some projects will not be included in the utility reserve fund; and the following information for each infrastructure repair or replacement project that the utility requests be included in the utility reserve fund:

1. A description of each plant asset that will be repaired or replaced, including the NARUC USOA account number for each asset, incorporated by reference in Rule 25-30.115, F.A.C.;

2. The date each asset was originally placed into service or an estimate of the age of the plant asset(s) as reflected in the utility’s depreciation records if the original service date is unknown;

3. A detailed description of the reason(s) each repair or replacement project is necessary to maintain or improve the quality or reliability of the water or wastewater service, including whether any asset will be replaced prior to the end of its average service life as provided by Rule 25-30.140, F.A.C.;

4. If the repair or replacement project is required by a governmental or regulatory agency, include a copy of the rule, regulation, order, or other regulatory directive that requires the repair or replacement;

5. The projected cost to repair or replace each asset, and documentation that supports the utility’s calculation of the projected cost. The utility must make all reasonable efforts to obtain at least three comparative cost estimates for each requested project. Acceptable forms of projected cost documentation are: an estimate by a professional engineer or other person knowledgeable in design and construction of water and wastewater plants; a bid from a vendor or service provider that includes a description of all work to be completed and an itemized list of all costs associated with the project; vendor information regarding the purchase price of plant components that will be purchased directly by the utility and labor estimates for work that will be performed on the project by a utility employee or contractual service provider, along with a statement that confirms that the employee’s or contractual service provider’s work on the project is not included in their normal duties; or other information that shows a detailed and verifiable estimate of the projected cost. If the utility is unable to obtain three cost estimates for each project, the utility must provide a statement explaining what steps the utility took to obtain the estimates, why the utility was unable to obtain three estimates, and any responses received from any contractors solicited;

6. Detailed specifications for each asset that can be used to verify the projected repair or replacement cost, such as type, size, quantity, or quality of the materials used to complete the repair or replacement of the asset. If the type, size, quantity, or quality of the components used to make the repair or replacement will be materially different than the plant asset(s) being repaired or replaced, describe the specific differences and why the change is either necessary or provides a better resolution for the repair or replacement;

7. If the repair or replacement will change the design of the system, include a statement explaining how the design of the system will change and why the change is either necessary or will provide a better resolution for the repair or replacement;

8. A description of any alternatives to the proposed infrastructure repair or replacement project that the utility considered, such as new technologies or interconnection with another utility system, and why the proposed project was determined to be the most cost-effective option or will provide a better resolution for the repair or replacement;

9. If the infrastructure that is being replaced was subject to a non-used and useful adjustment in the utility’s last rate proceeding, include a statement explaining whether the utility considered reducing the size of the replacement infrastructure to better match the utility’s capacity needs and the results of that analysis;

10. A description of any expense increases or decreases that the utility anticipates will occur following completion of the infrastructure repair or replacement project; and

11. The projected timeline and anticipated completion date for the repair or replacement project, including a detailed description of any target dates and significant milestones if the project will be completed in multiple phases. If the repair or replacement project is required by a governmental or regulatory agency, include any specific deadlines that have been imposed by that agency, and describe any penalties that will be incurred by the utility if the deadlines are not met.

(f) A description of any other funding sources that may be used for the project, including a breakdown of the estimated project costs that will be funded with the utility reserve fund, utility investment, and each available external funding source, such as a bank loan, government loan, or government grant, as applicable.

(g) A schedule showing the calculation of the annualized revenues for the most recent 12-month period using the rates in effect at the time the utility files its application for approval to create a utility reserve fund, broken down by customer class and meter size. This schedule may be omitted from the utility reserve fund portion of the application if filed in conjunction with an application for a rate proceeding that also requires an annualized revenue calculation.

(h) A schedule showing the calculation of the proposed utility reserve fund surcharge based on the number of bills by customer class and meter size for the most recent 12-month period, or test year if filed in conjunction with an application for a rate proceeding.

(i) Revised tariff sheets incorporating the utility reserve fund surcharge into the tariff. The utility must show the utility reserve fund surcharge as a separate charge in its tariff and on its customer bills.

(j) A statement indicating whether the applicant will secure the utility reserve fund through an interest-bearing escrow account or an irrevocable letter of credit. If the utility’s request to create a utility reserve account is approved by the Commission, the utility will be required to provide documentation showing that the escrow account has been established or the irrevocable letter of credit has been obtained prior to implementation of the utility reserve fund surcharge.

(k) A description of the procedures that the utility will implement to segregate the monies collected from the utility reserve fund surcharge on the utility’s books and records. Separate accounting records must be maintained to record all transactions associated with the collection, deposit, and use of monies designated for the utility reserve fund. A separate bank account may be used to segregate the utility reserve fund monies that are secured through an irrevocable letter of credit but is not required.

(l) A statement signed by an officer of the utility that the utility will comply with the noticing requirements in Rule 25-30.4445, F.A.C., if the request is filed as a stand-alone application, Rule 25-22.0407, F.A.C., if the request is filed in conjunction with an application for a rate increase filed pursuant to Section 367.081(2)(a) or 367.0814, F.S., or Rule 25-30.446, F.A.C., if the request if filed in conjunction with a limited proceeding filed pursuant to Section 367.0822, F.S.

(m) An Asset Management Plan prepared by the Florida Rural Water Association may be provided in lieu of a capital improvement plan in paragraph (2)(e).

(3) Reporting Requirements. Any utility that receives approval from or is required by the Commission to create a utility reserve fund must keep an accurate and detailed account of all monies and report to the Commission all monies it receives from the utility reserve fund surcharge. The reporting requirement must begin when the utility’s reserve fund surcharge tariff becomes effective. The utility must file periodic reports as follows:

(a) The utility must file a report with the Commission Clerk’s office no later than the 20th of every month indicating the monthly and total amount of money deposited into, and monthly and total amount of disbursements made from the utility reserve fund as of the end of the preceding month. If the utility bills its customers less frequently than once a month, this reporting requirement may be modified to match the utility’s normal billing frequency. A copy of a bank statement that separately identifies the utility reserve fund deposits and disbursements may serve as the monthly report.

(b) At least once every six months, the utility must also report the status of all eligible projects included in the utility reserve fund for which work was performed during the last six months including the actual start date, the estimated or actual completion date, the costs incurred during the last six months, and the total cost for any projects completed during the last six months.

(c) The reports must continue as long as the utility reserve fund is in effect and until all funds have been disbursed either to pay for completed eligible projects or as refunds to customers.

(d) A request for disbursement from the utility reserve fund escrow account or authorization to use funds secured by an irrevocable letter of credit may be filed in conjunction with the utility’s monthly or quarterly reports.

(e) The utility must also separately identify the utility reserve fund in its annual report filed with the Commission each year pursuant to Rule 25-30.110, F.A.C.

(f) The utility must file an updated capital improvement plan with the Commission at least once every three years for as long as the utility reserve fund remains active.

(4) DISBURSEMENT OF FUNDS. A utility requesting disbursement of funds from an escrow account or authorization to use funds secured by an irrevocable letter of credit must file the following information and supporting documentation:

(a) A statement explaining why the disbursement is needed, including a description of the completed project, or if a partial disbursement of funds is necessary prior to completion of the full project, a description of the completed phase of the project, purchase of materials, payments to contractors or vendors, or construction draws, as applicable;

(b) The date the project or phase of the project was completed and the replacement asset(s) was placed in service, as applicable;

(c) Documentation supporting the amount of the requested disbursement. Acceptable forms of documentation are: invoices, receipts, contractor application and request for payment forms, loan documents, documents showing proof of payment, and other information that shows detailed and verifiable project costs and payments;

(d) Documentation showing that the completed work was inspected or approved by the governmental or regulatory authority that required the repair or replacement project, if applicable; and,

(e) Other documentation that demonstrates the project was completed, such as photographs of the completed work, may be submitted, but is not required.

(f) A utility may request the disbursement of funds from a utility reserve fund to assist with making an emergency repair or replacement 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 that is critical to the operation of the utility facilities and resulted from events that were out of the utility’s control, such as weather related damage, accidents, or defective parts. The utility’s request for an emergency disbursement must include the following information:

1. The information required in paragraphs (4)(a) through (e), above;

2. A description of any future funding sources that may be available to assist the utility with the emergency repair or replacement costs, such as government assistance for weather damage, insurance benefits, or manufacturer warranties for defective parts;

3. A statement explaining how the utility will reimburse the utility reserve fund for the emergency disbursement through future funding sources, such as, government assistance, insurance benefits, manufacturer warranties, bank loans, or utility investment. If no funding sources will be available for reimbursement of the utility reserve fund, the utility must either provide a statement describing how the utility reserve fund project(s) or timeline may be modified to address the project funding needs without modifying the amount of the utility reserve fund surcharge, or provide the information required in subsection (5), below, to request a modification of the utility reserve fund surcharge.

(5) UTILITY RESERVE FUND MODIFICATIONS. A utility that must undertake a project that was not anticipated when the utility reserve fund was created or that must make significant modifications to a previously approved project may request a modification of the utility reserve fund at any time following creation of the fund or in the utility’s next rate proceeding by filing the following information:

(a) A statement describing why the new project or modification of a previously approved project is necessary, and whether the utility is requesting a change in the utility reserve fund surcharge or only acknowledgement of the project modifications. If the new project or project modification is required by a governmental or regulatory agency, include a copy of the rule, regulation, order, or other regulatory directive that requires the new project or project modification; and,

(b) The information required in paragraph (2)(e) or (m), and paragraphs (f), (g), (h), and (i), if the utility is requesting a change in the utility reserve fund surcharge. Also, if the utility reserve fund is secured through an irrevocable letter of credit, the utility must provide an updated irrevocable letter of credit prior to implementation of the utility reserve fund surcharge increase.

(6) FINAL DISPOSITION OF UTILITY RESERVE FUND.

(a) The utility reserve fund surcharge must be discontinued after all approved eligible projects(s) have been completed, sufficient funds have been collected in the utility reserve fund to cover the cost of the approved eligible project(s), and the final disbursement has been made from the utility reserve fund. During the utility’s next rate proceeding, the utility’s rate base, capital structure, operating expenses, and rates must be adjusted as needed to reflect the completed projects. The amount of the new plant assets that are funded through a utility reserve fund must be offset with an equal addition to contributions-in-aid-of-construction.

(b) Any monies that remain in the utility reserve fund following the last disbursement for the completed eligible project(s) must be refunded to the customers with interest in accordance with Rule 25-30.360, F.A.C.

(c) All monies collected and held in the utility reserve fund should remain with the utility regardless of any changes in utility ownership. If a utility’s ownership changes through a transfer or abandonment, the Commission will determine whether the utility reserve fund should be continued as follows:

1. In the event that the utility’s ownership changes through a transfer as provided in Rule 25-30.037, F.A.C., the transfer agreement must include provisions that state: that the utility reserve fund will remain with the utility following the close of the sale; that the seller must provide copies of all documents related to the utility reserve fund to the buyer, including the approved capital improvement plan, financial records, and status reports; whether the buyer requests to continue the utility reserve fund following the transfer; and whether the buyer will assume responsibility for the escrow account or obtain an irrevocable letter of credit to secure the utility reserve fund. If the buyer does not request to continue the utility reserve fund or does not provide sufficient documentation to guarantee the continued security of the utility reserve fund and compliance with the provisions set forth in this rule, all monies held in the utility reserve fund must be refunded to the customers with interest in accordance with Rule 25-30.360, F.A.C., and the utility reserve fund surcharge and utility reserve fund must be discontinued. However, if the transfer of ownership is requested pursuant to subsection 25-30.037(5), F.A.C., and will result in the transfer of ownership to an exempt entity other than a governmental utility, the buyer must not be required to obtain an escrow account or an irrevocable letter of credit.

2. In the event that the utility is abandoned as provided in Rule 25-30.090, F.A.C., all monies held in the utility reserve fund and all documents related to the utility reserve fund must remain with the utility and be turned over to the court-appointed receiver. If the utility remains under Commission jurisdiction following the abandonment, the court-appointed receiver must be responsible for managing the utility reserve fund in accordance with this rule and all applicable Commission Orders.

(d) If the utility fails to follow through with the eligible project(s) covered by the utility reserve fund or comply with the security, fund maintenance, or reporting requirements set forth in this rule, the Commission must initiate a review of the utility reserve fund and surcharge to determine whether the utility reserve fund and surcharge should be discontinued and whether all monies in the reserve fund should be refunded to the customers with interest in accordance with Rule 25-30.360, F.A.C.

History

• Rulemaking Authority 350.127(2), 367.081(2)(c), 367.121 FS. Law Implemented 367.081(2)(c) FS. History–New 6-20-17, Amended 9-3-26.

Fla. Admin. Code R. 25-30.445 General Information and Instructions Required of Water and Wastewater Utilities in an Application for a Limited Proceeding

(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; and

(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.

(2) In a limited proceeding application:

(a) Each schedule must be cross-referenced to identify related schedules;

(b) Except for handwritten official company records, all data in the petition and application must be typed; and

(c) The original and three copies must be filed with the Office of Commission Clerk. The copies must be clearly labeled “COPY.” If the application is e-filed, the utility must provide the required number of paper copies, clearly labeled “COPY,” to the Office of Commission Clerk within seven calendar days after electronic filing.

(3) A filing fee as required in Rule 25-30.020, F.A.C., must be submitted at the time of application.

(4) The following minimum filing requirements must be filed with the utility’s application for limited proceeding for a Class A or B water or wastewater utility:

(a) A detailed statement of the reason(s) why the limited proceeding has been requested.

(b) If the limited proceeding is being requested to recover costs required by a governmental or regulatory agency, provide the following:

1. A copy of any 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 plants, to establish the projected cost of the applicant's investment and the period of time required for completion of construction.

(c) A schedule that provides the specific rate base components for which the utility seeks recovery. Supporting detail must be provided for each item requested, including:

1. The actual or projected cost(s);

2. The date the item will be or is projected to be placed in service;

3. Any corresponding adjustments that are required as a result of adding or removing the requested component(s) from rate base, which may include retirement entries; and,

4. Any other relevant supporting information.

(d) If the utility’s application includes a request for recovery of plant in service, accumulated depreciation and depreciation expense, supporting detail must be provided by primary account as defined by the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C.

(e) A calculation of the weighted average cost of capital must be provided for the most recent 12-month period, using the mid-point of the range of the last authorized rate of return on equity, the current embedded cost of fixed-rate capital, the actual cost of short-term debt, the actual cost of variable-cost debt, and the actual cost of other sources of capital which were used in the last individual rate proceeding of the utility. If the utility does not have an authorized rate of return on equity, the utility must use the current leverage formula pursuant to Section 367.081(4)(f), F.S.

(f) If the utility is requesting recovery of operating expenses, the following information must be provided:

1. A detailed description of the expense(s) requested;

2. The total cost by primary account pursuant to the NARUC USOA, incorporated by reference in Rule 25-30.115, F.A.C.;

3. Supporting documentation or calculations; and,

4. Any allocations that are made between systems, affiliates or related parties. If allocations are made, submit full detail that shows the total amount allocated, a description of the basis of the allocation methodology, the allocation percentage applied to each allocated cost, and the workpapers supporting the calculation of the allocation percentages.

(g) Calculations for all items that will create cost savings or revenue impacts from the implementation of the requested cost recovery items.

(h) If the utility includes any other items where calculations are required, supporting documentation must be filed that reflects the calculations or assumptions made.

(i) A calculation of the revenue increase including regulatory assessment fees and income taxes, if appropriate.

(j) Annualized revenues for the most recent 12-month period using the rates in effect at the time the utility files its application for limited proceeding and a schedule reflecting this calculation by customer class and meter size.

(k) A schedule of current and proposed rates for all classes of customers.

(l) Schedules for the most recent 12-month period showing that, without any increased rates, the utility will earn below its authorized rate of return in accordance with Section 367.082, F.S. The schedules must consist of a rate base, net operating income and cost of capital schedule with adjustments to reflect those consistent with the utility’s last rate proceeding.

(m) If the limited proceeding is being requested to change the current rate structure, provide a copy of all workpapers and calculations used to calculate requested rates and allocations between each customer class. The test year must be the most recent 12-month period. In addition, the following schedules from Form PSC 1028 (12/20), entitled “Class A Water and/or Wastewater Utilities Financial, Rate and Engineering Minimum Filing Requirements,” incorporated by reference in Rule 25-30.437, F.A.C., must be provided.

1. Schedule E-2, entitled “Revenue Schedule at Present and Proposed Rates.”

2. Schedule E-14, entitled “Billing Analysis Schedules.” Only an original and one copy is required.

(n) Revised tariff sheets should not be filed with the application.

(o) A water utility’s application for limited proceeding must also include:

1. A copy of all customer complaints that the utility has received regarding DEP secondary water quality standards during the past five years; and

2. A copy of the utility’s most recent secondary water quality standards test results.

(5) In addition to the requirements stated in subsections (1) through (3), the following minimum filing requirements must be filed with the utility’s application for limited proceeding for a Class C water or wastewater utility:

(a) A detailed statement of the reason(s) why the limited proceeding has been requested.

(b) If the limited proceeding is being requested to recover costs required by a governmental or regulatory agency, provide a copy of any 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.

(c) A schedule that provides the specific rate base components for which the utility seeks recovery, if known. Supporting detail must be provided for each item requested, including:

1. The actual or projected cost(s);

2. The date the item will be or is projected to be placed in service;

3. Any corresponding adjustments, if known, that are required as a result of adding or removing the requested component(s) from rate base, which may include retirement entries; and

4. Any other relevant supporting information, if known.

(d) If the utility is requesting recovery of operating expenses, provide an itemized description of the expense(s), including the cost and any available supporting documentation or calculations.

(e) Provide a description of any known items that will create cost savings or revenue impacts from the implementation of the requested cost recovery items.

(f) A calculation of the revenue increase including regulatory assessment fees and income taxes, if applicable.

(g) Annualized revenues for the most recent 12-month period using the rates in effect at the time the utility files its application for limited proceeding and a schedule reflecting this calculation by customer class and meter size.

(h) A Class C water utility’s application for limited proceeding must also include:

1. A copy of all customer complaints that the utility has received regarding DEP secondary water quality standards during the past five years; and,

2. A copy of the utility’s most recent secondary water quality standards test results.

(6) A limited proceeding will not be allowed if:

(a) The utility’s filing includes more than six separate projects for which recovery is sought. Corresponding adjustments for a given project are not subject to the above limitation;

(b) The requested rate increase exceeds 30 percent;

(c) The utility has not had a rate case within seven years of the date the petition for limited proceeding is filed with the Commission; or

(d) The limited proceeding is filed as the result of the complete elimination of either the water or wastewater treatment process.

(7) The utility must provide a statement in its filing to the Commission that addresses whether the utility’s rate base has declined or whether any expense recovery sought by the utility is offset by customer growth since its most recent rate proceeding or will be offset by future customer growth expected to occur within one year of the date new rates are implemented.

History

• Rulemaking Authority 350.127(2), 367.121(1)(a) FS. Law Implemented 367.081, 367.0812, 367.0822, 367.121(1)(a), 367.145(2) FS. History–New 3-1-04, Amended 5-30-17, 5-16-22, 9-3-26.

Fla. Admin. Code R. 25-30.446 Notice of and Public Information for Application for Limited Proceeding Rate Increase

(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.

(5) No less than 14 days and no more than 30 days prior to the date of a customer meeting conducted by the Commission staff, the utility must provide written notice of the date, time, location, and purpose of the customer meeting to all customers within the service areas designated by the Commission staff. The notice must be approved by Commission staff prior to distribution. The notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(6) If a proposed agency action order issued in the case is protested and any hearings are subsequently held, the utility must give notice in accordance with subsection (5) of this rule. The utility must also publish in a newspaper of general circulation in the area in which such hearing is to be held a display advertisement stating the date, time, location, and purpose of the hearing. The notice must be approved by Commission staff prior to publication.

(7) After the Commission issues an order granting or denying a rate change, the utility must notify its customers of the order and any revised rates. The customer notification must be first approved by Commission staff and must be distributed no later than with the first bill containing any revised rates.

History

• Rulemaking Authority 350.127(2), 367.121(1)(a) FS. Law Implemented 367.0822, 367.121(1)(a) FS. History–New 3-1-04, Amended 12-8-21.

Fla. Admin. Code R. 25-30.450 Burden of Proof and Audit Provisions

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.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.081 FS. History–New 6-10-75, Formerly 25-10.177, Amended 1-31-00.

Fla. Admin. Code R. 25-30.455 Staff Assistance in Rate Cases

(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.

(2) The appropriate application form, Commission Form PSC/AFD 2-W (11/86) (Rev. 06/14), entitled “Application for a Staff Assisted Rate Case,” is incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04415. The form is also available on the Commission’s website, www.floridapsc.com.

(3) Upon completion of the form, the applicant shall file it with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0870.

(4)(a) Within 30 days of receipt of the completed application, the Commission will evaluate the application and determine the applicant’s eligibility for staff assistance.

(b) If the Commission has received four or more applications in the previous 30 days; or, if the Commission has 20 or more docketed staff assisted rate cases in active status on the date the application is received, the Commission will deny initial evaluation of an application for staff assistance and close the docket. When an application is denied under the provisions of this paragraph, the Commission staff will notify the applicant of the date on which the application may be resubmitted.

(c) Initially, determinations of eligibility will be conditional, pending an examination of the condition of the applicant’s books and records.

(5) Upon making its final determination of eligibility, the Commission staff will notify the applicant in writing as to whether the application is officially accepted or denied. If the application is accepted, a staff assisted rate case will be initiated. If the application is denied, the notification of application denial will state the deficiencies in the application.

(6) The date of Commission staff’s written notification to the utility that the utility is eligible for staff assistance under this rule will be considered the date of official acceptance of the application by the Commission. The official date of filing is 30 days after the official acceptance of the application by the Commission staff.

(7) The application is deemed denied if the utility does not remit the filing fee, as provided by paragraph 25-30.020(2)(f), F.A.C., within 30 days after official acceptance.

(8) An applicant may request reconsideration of the application denial within 15 days of receipt of notification that the application is denied. The request will be decided by the full Commission.

(9) A substantially affected person may file a petition to protest the Commission’s proposed agency action in a staff assisted rate case within 21 days of issuance of the Notice of Proposed Agency Action Order, as set forth in Rule 28-106.111, F.A.C.

(10) A petition to protest the Commission’s proposed agency action must conform to Rule 28-106.201, F.A.C.

(11) In the event of a protest of the Commission’s Notice of Proposed Agency Action Order in a staff assisted rate case, the utility must:

(a) Provide prefiled direct testimony in accordance with the Order Establishing Procedure issued in the case. At a minimum, that testimony must adopt the Commission’s Proposed Agency Action Order;

(b) Sponsor a witness to support source documentation provided to the Commission staff in its preparation of the staff audit, the staff engineering and accounting report and the staff proposed agency action recommendation in the case;

(c) Include in its testimony the necessary factual information to support its position on any issue that it chooses to take a position different than that contained in the Commission’s Proposed Agency Action Order; and,

(d) Meet all other requirements of the Order Establishing Procedure.

(12) Failure to comply with the dates established in the Order Establishing Procedure, or to timely file a request for extension of time for good cause shown, may result in dismissal of the staff assisted rate case and closure of the docket.

(13) In the event of a protest of the Commission’s Proposed Agency Action Order in a staff assisted rate case, the Commission staff will:

(a) File prefiled direct testimony to explain its analysis in the staff proposed agency action recommendation. In the event the staff wishes to alter its position on any issue, it will provide factual testimony to support its changed position;

(b) Meet all other requirements of the Order Establishing Procedure; and,

(c) Provide to the utility materials to assist the utility in the preparation of its testimony and exhibits. This material will consist of an example of testimony filed by a utility in another case, an example of testimony that would support the Proposed Agency Action Order in this case, an example of an exhibit filed in another case, and examples of prehearing statements and briefs filed in other cases.

History

• Rulemaking Authority 350.127(2), 367.0814, 367.121 FS. Law Implemented 367.0814 FS. History–New 12-8-80, Formerly 25-10.180, Amended 11-10-86, 8-26-91, 11-30-93, 1-31-00, 12-16-08, 8-10-14, 2-19-17, 7-1-18, 12-8-21, 7-1-23.

Fla. Admin. Code R. 25-30.456 Staff Assistance in Alternative Rate Setting

(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.

(2) The application form, Commission Form PSC/AFD 25 (11/93) (Rev. 06/14), entitled “Application for Staff Assistance for Alternative Rate Setting,” is incorporated into this rule by reference and is available at: http://www.flrules.org/Gateway/reference.asp?No=Ref-04414. The form is also available on the Commission’s website, www.floridapsc.com.

(3) Upon completion of the form, the applicant must file it with the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0870.

(4)(a) Within 30 days of receipt of the completed application, the Commission will evaluate the application and determine the applicant’s eligibility for staff assistance.

(b) If the Commission has received four or more alternative rate setting applications in the previous 30 days; or, if the Commission has 20 or more docketed staff assisted rate cases in active status on the date the application is received, the Commission will deny initial evaluation of an application for staff assistance and close the docket. When an application is denied under the provisions of this paragraph, the Commission staff will notify the applicant of the date on which the application may be resubmitted.

(c) Determinations of eligibility will be conditional, pending an examination of the condition of the applicant’s books and records.

(5) Upon making its final determination of eligibility, the Commission staff will notify the applicant in writing as to whether the application is officially accepted or denied. If the application is accepted, staff assistance in alternative rate setting will be initiated. If the application is denied, the notification of application denial will state the deficiencies in the application.

(6) The date of Commission staff’s written notification to the utility that the utility is eligible for staff assistance under this rule will be considered the date of official acceptance of the application by the Commission. The official date of filing is 30 days after the date of official acceptance of the application.

(7) The application is deemed denied if the utility does not remit the filing fee, as provided by paragraph 25-30.020(2)(f), F.A.C., within 30 days after official acceptance.

(8) An applicant may request reconsideration of the application denial within 15 days of receipt of notification that the application is denied. The request will be decided by the full Commission.

(9) The Commission will, for the purposes of determining the amount of rate increase, if any, compare the operation and maintenance expenses (O & M) of the utility to test year operating revenues. The Commission will consider an allowance for return on working capital using the one-eighth of O & M formula approach.

(10) The Commission will limit the maximum increase in operating revenues to 50 percent of test year operating revenues.

(11) The Commission will vote on a proposed agency action recommendation establishing rates no later than 90 days from the official filing date as established in subsection (6) of this rule.

(12) A substantially affected person may file a petition to protest the Commission’s Proposed Agency Action Order regarding a staff assisted alternative rate setting application within 21 days of issuance of the Notice of Proposed Agency Action Order as set forth in Rule 28-106.111, F.A.C.

(13) A petition to protest the Commission’s proposed agency action must conform to Rule 28-106.201, F.A.C.

(14) In the event of protest of the Proposed Agency Action Order by a substantially affected person, the rates established in the Proposed Agency Action Order may be implemented on a temporary basis, subject to refund with interest in accordance with Rule 25-30.360, F.A.C. At that time, the utility may elect to pursue rates set pursuant to the rate base determination provisions of Rule 25-30.455, F.A.C.

(15) In the event of a protest, the maximum increase established in subsection (10) of this rule no longer applies.

(16) In the event of a protest of the Commission’s Proposed Agency Action Order in a staff assisted alternative rate setting application, the utility must:

(a) Provide prefiled direct testimony in accordance with the Order Establishing Procedure issued in the case. At a minimum, that testimony must adopt the Commission’s Proposed Agency Action Order;

(b) Sponsor a witness to support source documentation provided to the Commission staff in its preparation of the staff engineering and accounting analysis and the staff proposed agency action recommendation in the case;

(c) Include in its testimony the necessary factual information to support its position on any issue that it chooses to take a position different than that contained in the Commission’s Proposed Agency Action Order; and,

(d) Meet all other requirements of the Order Establishing Procedure.

(17) Failure to comply with the dates established in the Order Establishing Procedure, or to timely file a request for extension of time for good cause shown, may result in dismissal of the staff assisted alternative rate setting application and closure of the docket.

(18) In the event of protest of the Commission’s Proposed Agency Action Order in a staff assisted alternative rate setting application, the Commission staff will:

(a) File prefiled direct testimony to explain its analysis in the proposed agency action recommendation. In the event the staff wishes to alter its position on any issue, it will provide factual testimony to support its changed position;

(b) Meet all other requirements of the Order Establishing Procedure; and,

(c) Provide to the utility materials to assist the utility in the preparation of its testimony and exhibits. This material will consist of an example of testimony filed by a utility in another case, a sample of testimony that would support the Proposed Agency Action Order in this case, an example of an exhibit filed in another case, and examples of prehearing statements and briefs filed in other cases.

History

• Rulemaking Authority 350.127(2), 367.0814, 367.121 FS. Law Implemented 367.0814 FS. History–New 11-30-93, Amended 1-31-00, 12-16-08, 8-10-14, 7-1-18, 12-8-21, 7-1-23.

Fla. Admin. Code R. 25-30.457 Limited Alternative Rate Increase

(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.

(3) Within 30 days of the application’s filing date, Commission staff will notify the utility in writing that the application requirements of subsection (2) of this rule have been met or that the requirements of subsection (2) have not been met with an explanation of the application’s deficiencies.

(4) The date of Commission staff’s written notification to the utility that the requirements of subsection (2) of this rule have been met will be considered the date of official acceptance by the Commission of the application. The official date of filing is established as 30 days after the official acceptance by the Commission of the application. The application is deemed denied if the utility does not remit the filing fee as required by paragraph 25-30.020(2)(f), F.A.C., within 30 days after the official acceptance of the application.

(5) A financial or engineering audit of the utility’s financial or engineering books and records will not be required in determining whether to approve or deny the application.

(6) Based upon the criteria contained in subsection (2), the Commission will approve, deny, or approve the application with modifications that may include a reduction or an increase in the requested rate increase, within 90 days from the official filing date as established in subsection (4) of this rule.

(7) Any revenue increase granted under the provisions of this rule shall be held subject to refund with interest in accordance with subsection 25-30.360(4), F.A.C. Subsection 25-30.360(6), F.A.C., does not apply to any money collected subject to refund under this subsection.

(8) The Commission staff will conduct an earnings review of the twelve-month period following the implementation of the revenue increase.

(a) At the end of the twelve-month period, the utility has 90 days to complete and file Form PSC 1025 (03/20), entitled “Limited Alternative Rate Increase Earnings Review,” which is incorporated into this rule by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-11955.

(b) In the event the utility needs additional time to complete the form, the utility may request an extension of time supported by a statement of good cause that must be filed with Commission staff within seven days prior to the 90-day deadline. “Good cause” means a showing of financial hardship, unforeseen events, or other events outside the control of the utility, but does not include reasons such as management oversight.

(c) If the Commission staff’s earnings review demonstrates that the utility exceeded the range of its last authorized rate of return on equity, such overearnings, up to the amount held subject to refund, with interest, shall be disposed of for the benefit of the customers. If the Commission staff determines that the utility did not exceed the range of its last authorized return on equity, the revenue increase will no longer be held subject to refund.

(9) In the event the proposed agency action order is protested pursuant to Rule 28-106.111, F.A.C., by a substantially affected person other than the utility, the utility must file a staff assisted rate case application pursuant to Rule 25-30.455, F.A.C., within 21 days from the date the protest is filed or the utility’s application for a limited alternative rate increase will be deemed withdrawn.

(10) Upon the utility filing a staff assisted rate case application pursuant to subsection (9) of this rule:

(a) The utility may implement the rates established in the proposed agency action order on a temporary basis subject to refund with interest in accordance with Rule 25-30.360, F.A.C.:

(b) The limit on the maximum increase provided in subsection (1) of this rule will no longer apply; and

(c) The application will be processed under Rule 25-30.455, F.A.C.

History

• Rulemaking Authority 350.127(2), 367.0814, 367.121 FS. Law Implemented 367.0814 FS. History–New 3-15-05, Amended 12-16-08, 8-10-14, 7-1-18, 6-2-20, 7-1-23.

Fla. Admin. Code R. 25-30.4575 Operating Ratio Methodology

(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.

History

• Rulemaking Authority 367.0814(9) FS. Law Implemented 367.0814(9) FS. History–New 3-28-19.

Fla. Admin. Code R. 25-30.458 Notice of and Public Information for Application for Limited Alternative Rate Increase

(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.

(4) The customer meeting notice shall be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(5) If the Commission issues a proposed agency action (PAA) order granting a limited alternative rate increase, the utility shall notify its customers of the order and any revised rates. The customer notification shall be approved by Commission staff and be distributed no later than with the first bill containing any revised rates.

History

• Rulemaking Authority 350.127(2), 367.0814(9), 367.121(1) FS. Law Implemented 367.0814, 367.121 FS. History–New 3-15-05.

Fla. Admin. Code R. 25-30.460 Application for Miscellaneous Service Charges

(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.

(3) A utility may apply for after hours charges for a premises visit charge or violation reconnection charge to account for the overtime when the customer requests that the service be performed after normal business hours.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121, 367.091 FS. History–New 11-30-93, Amended 6-24-21.

Fla. Admin. Code R. 25-30.465 Private Fire Protection Rates

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.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121, 367.091 FS. History–New 11-30-93.

Fla. Admin. Code R. 25-30.470 Calculation of Rate Reduction After Rate Case Expense Is Amortized

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.0816, 367.121 FS. History–New 11-30-93, Repealed 11-12-00.

Fla. Admin. Code R. 25-30.4705 Calculation of Rate Reduction After Rate Case Expense is Amortized

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.

History

• Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081(8), 367.121 FS. History–New 2-24-02.

Fla. Admin. Code R. 25-30.475 Effective Date of Approved Tariffs

Effective dates shall be as follows unless otherwise authorized by the Commission:

(1) For recurring rates or charges:

(a) Metered or flat recurring rates shall be effective for service rendered as of the stamped approval date on the tariff sheets provided customers have received notice. The tariff sheets will be approved upon staff’s verification that the tariffs are consistent with the Commission’s decision, that the proposed customer notice is adequate, and that any required security has been provided.

(b) If the effective date of the new rates falls within a regular billing cycle, the initial bills at the new rate may be prorated. The old charge shall be prorated based on the number of days in the billing cycle before the effective date of the new rates. The new charge shall be prorated based on the number of days in the billing cycle on and after the effective date of the new rates.

(c) In no event shall the rates be effective for service rendered prior to the stamped approval date.

(2) Non-recurring charges (such as service availability, guaranteed revenue charges, allowance for funds prudently invested, miscellaneous services) shall be effective for service rendered or connections made on or after the stamped approval date on the tariff sheets provided customers have received notice. The tariff sheets will be approved upon staff’s verification that the tariffs are consistent with the Commission’s decision and that the proposed customer notice is adequate. In no event shall the rates be effective for service rendered prior to the stamped approval date.

History

• Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 11-30-93.

Fla. Admin. Code R. 25-30.510 Applicability

The provisions of this part, Rules 25-30.510 through 30.585, F.A.C., shall apply to a utility when it files for a change in its service availability policy or charges or when the Commission initiates a show cause proceeding to require the utility to change such policy or charges. The provisions are not applicable to policies implemented and contracts entered into prior to the effective date of this part.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Formerly 25-30.51, 25-30.051.

Fla. Admin. Code R. 25-30.515 Definitions

When used in this part or in service availability policies or in service availability contracts or agreements, the following terms have the following meanings:

(1) Active Connection means a connection to the utility’s system at the point of delivery of service, whether or not service is currently being provided.

(2) Customer Connection Charge means any payment made to the utility for the cost of installing a connection from the utility’s water or wastewater lines, including but not limited to the cost of piping and the meter installation fee.

(3) Contribution-in-aid-of-construction (CIAC) means any amount or item of money, services, or property received by a utility, from any person or governmental agency, any portion of which is provided at no cost to the utility, which represents an addition or transfer to the capital of the utility, and which is utilized to offset the acquisition, improvement, or construction costs of the utility’s property, facilities, or equipment used to provide utility services to the public. The term includes, but is not limited to, system capacity charges, main extension charges and customer connection charges.

(4) Contributor means a person, builder, developer or other entity who makes a contribution-in-aid-of-construction.

(5) Customer Installation means all the facilities on the customer’s side of the point of delivery.

(6) Developer’s Agreement means a written agreement setting forth in detail the terms and conditions under which a utility will render service to a developer’s property.

(7) Economic Feasibility means a test by which the operating income of a utility to be earned from prospective customers within the area to be served by a proposed extension of facilities is divided by the investment in such facilities to determine if the utility will earn a fair return on its investment in the proposed extension.

(8) Equivalent Residential Connection (ERC) means

(a) 350 gallons per day;

(b) The number of gallons a utility demonstrates is the average daily flow for a single residential unit; or

(c) The number of gallons which has been approved by the Department of Environmental Protection for a single residential unit.

(9) Guaranteed Revenue Charge means a charge designed to cover the utility’s costs including, but not limited to the cost of operation, maintenance, depreciation, and any taxes, and to provide a reasonable return to the utility for facilities, a portion of which may not be used and useful to the utility or its existing customers. Guaranteed Revenues are designed to help the utility recover a portion of its cost from the time capacity is reserved until a customer begins to pay monthly service rates.

(10) Hydraulic Share means the pro rata share of the capabilities of the utility’s facilities to be made available for service to the contributor. The pro rata share is multiplied by the unit cost (per gallon) of providing the facilities to determine the proportional share of the cost thereof to be borne by the contributor.

(11) Inspection Fee means either the actual or the average cost to the utility of inspecting, or having inspected, the facilities constructed by a contributor or by an independent contractor for connection to the facilities of the utility.

(12) Main Extension Charge means a charge made by the utility for the purpose of covering all or part of the utility’s capital costs in extending its off-site water or wastewater facilities to provide service to specified property. The charge is determined on the “hydraulic share” basis or other acceptable method reasonably related to the cost of providing the service.

(13) Meter Installation Fee means the amount authorized by the Commission which is designed to recover the cost of installing the water measuring device at the point of delivery including materials and labor required.

(14) Off-Site Facilities means either the water transmission mains and facilities or the sewage collection trunk mains and facilities, including, but not limited to, manholes, sewage force mains and sewage pumping stations, the purpose of which is either to provide water service to properties within the service territory of the service utility or to collect sewage received from properties within the territory.

(15) On-Site Facilities means the portion of the water distribution system or the sewage collection and treatment system that has been, or is to be, located wholly within the property to which service is to be extended. If off-site facilities cross the property of the customer via an easement, the on-site facilities shall mean the water distribution system or the sewage collection system that is located on the customer’s property, exclusive of the off-site facilities.

(16) Refundable Advance means money paid or property transferred to a utility by the applicant for the installation of facilities which may not be used and useful for a period of time. The advance is made so that the proposed extension may be rendered economically feasible. The advance is returned to the applicant over a specified period of time in accordance with a written agreement as additional users connect to the system.

(17) Service Availability Policy means the Section of the utility’s tariff which sets forth a uniform method of determining the system capacity charge or other charges to be paid and conditions to be met, by applicants for service in order to obtain water or wastewater service.

(18) Special Service Availability Contract means an agreement for charges for the extension of service which is not provided for in the utility’s service availability policy.

(19) System Capacity Charge means the charge made by a utility for each new connection to the system which charge is designed to defray a portion of the cost of the utility system.

(20) Treatment Facilities means the facilities used for the production and treatment of water or for the treatment and disposal of wastewater.

(21) Plant Capacity Charge means a charge made by the utility for the purpose of covering all or part of the utility’s capital costs in construction or expansion of treatment facilities.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Amended 11-30-93.

Fla. Admin. Code R. 25-30.520 Responsibility of Utility to Provide Service

It is the responsibility of the utility to provide service within its certificated territory in accordance with terms and conditions on file with the Commission.

History

• Rulemaking Authority 367.121(1) FS. Law Implemented 367.101, 367.111 FS. History–New 6-14-83, Formerly 25-30.52, 25-30.052.

Fla. Admin. Code R. 25-30.525 Application for Extension of Service

This rule applies to an application for the extension of service to a part of the utility’s certificated territory where the utility is not presently providing service.

(1) An application for extension of water or wastewater service shall be made in writing to the utility on forms provided by the utility. The application shall include if applicable:

(a) A legal description of the property including reference to Section, township and range.

(b) A drawing of the property showing its boundaries.

(c) The present zoning classification of the property.

(d) A plat map.

(e) A development plan.

(f) The intended land use of the development, including densities and types of use.

(g) The name and address of the person or entity making the application for extension of service.

(h) The nature of the applicant’s title to or interest in the described property.

(i) The date, or estimate of the date, service will be needed.

(2) If a utility receives an oral request for service, it shall advise the person making the request that applications for utility service must be made in writing.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101, 367.111 FS. History–New 6-14-83.

Fla. Admin. Code R. 25-30.530 Response to Applications for Extension of Service Within a Utility’s Certificated Territory, Cost Estimates

(1) A utility shall respond to a request for extension of service within its certificated territory when the request is made on an application form supplied by the utility and submitted by a person or entity having a title interest in the property for which service is requested or by the duly authorized agent of such person or entity.

(2) Within 30 days after receipt of the application the utility shall notify the applicant in writing that service can or cannot be made available within a reasonable time.

(a) If service can be made available within a reasonable time the written response shall state that the utility will be obligated to service the applicant only after a contract or a developer’s agreement is properly executed by both parties.

(b) If service cannot be made available within a reasonable time, the utility shall notify the applicant and the Commission of the reasons why service cannot be made available and an estimate of when it can be made available.

(3)(a) If the utility notifies an applicant that service is available, the following shall apply:

1. If the request is for service to a single residence or single commercial facility, the utility shall furnish a cost estimate of the proposed extension and a preliminary sketch of the extension.

2. If the request is for service to a development, and the provision of service will be by the extension of existing facilities through utility investment, the utility shall be responsible for all engineering, planning, design and development.

3. If the request is for service to a development and the developer will be providing the necessary facilities for the extension, or will be paying for the construction of such facilities, the developer shall be responsible for the planning, design, and developing of construction drawings to extend the existing facilities to serve the proposed development, in accordance with Florida law. In such cases, the utility shall furnish general construction specifications, an estimate of the costs to be borne by the applicant, and a quotation of advances to be made upon execution of a developer’s agreement or other service agreement. The estimate shall include the cost of meters which are covered by tariff provisions for meter installation fees.

(b) The sketches, and estimates of costs to be borne by the applicant, which are to be prepared by the utility shall be prepared, as applicable, and delivered to the applicant within 60 days after the date of application. However, if the size and scope of the service requested requires more time to prepare an estimate and sketch, the utility shall prepare and deliver the estimate and sketch within 90 days.

(c) In estimating the connection costs to be borne by the applicant, the following shall apply:

1. If the utility decides to install facilities for its future benefit that are larger than normally required in the requested extension, the incremental cost for the larger facilities shall not be included in the cost estimate, but shall be covered by utility investment or by refundable advance agreement.

2. If more than one customer is to be served by a facility, the costs to be charged to a particular customer shall be determined according to the hydraulic demand of that customer or in accordance with some other acceptable method reasonably related to the cost of providing service.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101, 367.111 FS. History–New 6-14-83, Formerly 25-30.53, 25-30.053.

Fla. Admin. Code R. 25-30.540 Agreements for Service, Performance Under Agreements

(1) Upon acceptance of the utility’s proposal and estimates provided under subsection 25-30.530(3), F.A.C., the appropriate service agreement or developer’s agreement shall be executed by both parties.

(2) An advance deposit may be required by the utility at the time of execution to cover the additional utility costs of preparing engineering plans and cost estimates of construction required to serve the property, and other engineering, administrative or legal expenses prudently incurred by the utility in the execution or performance of the agreement. The advance deposit shall not exceed 10 percent of the total charges to be paid by the applicant under the agreement or the additional engineering, administrative and legal expenses prudently incurred by the utility, whichever is greater.

(3)(a) The utility may charge and collect a reasonable amount, up to the total charges due under the agreement, to extend services. Upon the collection of the charges, the utility shall reserve the necessary treatment capacity for the applicant for a period of time specified in the agreement.

(b) Unless the utility can sell the reserved capacity, the charges collected shall not be refunded should the applicant not proceed further with the development. The agreement shall set forth the period of time within which a sale of the reserved capacity will require a refund to the applicant, which time period shall not be less than four years.

(4) If an applicant believes the charges required by a utility pursuant to subsections (2) and (3) are unreasonable, the applicant may file a complaint with the Commission in accordance with Chapter 25-22, F.A.C.

(5) After a developer’s agreement is filed with the Commission and any party to the agreement fails to perform under the contract, the utility shall notify the Commission of the failure to perform.

(6) Upon receipt of the executed service agreement or developer’s agreement and any advance deposit or other payment, the utility and applicant will proceed with final engineering plans and specifications that each is responsible for and shall submit such plans and specifications to the appropriate regulatory agencies for approval. The utility will be allowed a reasonable period of time from the date of the execution of the agreement to complete the final engineering plans and construct the off-site facilities to serve the applicant.

(7) An applicant may use its engineer to prepare plans and specifications for its on-site development. However, such plans and specifications and the on-site water or wastewater facilities will be subject to the utility’s inspection and approval. An appropriate inspection and plan review fee may be charged by the utility.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Formerly 25-30.54, Amended 11-10-86, Formerly 25-30.054.

Fla. Admin. Code R. 25-30.545 Construction

(1) The size, type and quality of materials and their location in facilities to be constructed for the extension of service to customers shall be specified by the utility.

(2) Construction of the facilities may be done by the utility or, at its option, a construction agency acceptable to it. The utility may prescribe reasonable inspection requirements to ensure that the materials and workmanship meet prescribed standards when the construction of the facilities is done by a construction agency.

(3) In determining the length of a water or sewer main extension necessary to render service at a particular point, the distance from such point to the existing main shall be along a line drawn in accordance with proper construction and engineering standards.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83.

Fla. Admin. Code R. 25-30.550 Filing of Agreements; Approval of Contracts

(1) A copy of each developer’s agreement shall be filed with the Commission within 30 days of execution. Upon filing, the agreement shall be deemed to be approved under the utility’s existing service availability policy, unless the Commission gives notice of intent to disapprove within 30 days. Approval of a developer’s agreement does not preclude the Commission from affecting the provisions of a developer’s agreement if, pursuant to Commission action, the terms and conditions of a utility’s service availability policy are changed.

(2) Each special service availability contract shall be approved by the Commission prior to becoming effective.

(3) Each special service availability contract and developer’s agreement shall be accompanied by a statement from the utility affirming the current treatment plant connected load, the current treatment plant capacity, and the amount of capacity reserved under the agreement or contract. In lieu of this information, the utility may file a copy of its Department of Environmental Protection permit application.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Formerly 25-30.55, 25-30.055.

Fla. Admin. Code R. 25-30.555 Guaranteed Revenue Agreements

The rate of return required of an applicant by a utility pursuant to a guaranteed revenue agreement shall not exceed the return authorized the utility by the Commission in its most recent rate case, or in the absence of such determination, a rate of return calculated by using the appropriate rate of return on equity authorized by the Commission pursuant to Section 367.081(4)(f), F.S., on the utility’s investment in the plant and system expansion that provides service to the applicant.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.081, 367.101 FS. History–New 6-14-83.

Fla. Admin. Code R. 25-30.560 Disputes

(1) Disputes concerning the application of these rules or concerning developer agreements may be referred to the Commission for disposition by the filing of a complaint in accordance with rule Chapter 25-22, F.A.C.

(2) Upon the filing of a complaint, or during the pendency of a complaint, a party to the agreement may, after written demand to the utility for performance, make payments and perform acts as specified in the utility’s service availability policy or as required in the developer’s agreement, and the utility shall proceed with its performance pursuant to the service availability policy or developer’s agreement pending resolution of the dispute by the Commission. However, the utility may request that the Commission relieve the utility of performance if the utility can show that performance is not in the best interests of its customers.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Formerly 25-30.56, 25-30.056.

Fla. Admin. Code R. 25-30.565 Application for Approval of New or Revised Service Availability Policy or Charges

(1) An original and one copy of an application for a service availability policy or charges must be filed with the Office of Commission Clerk. The copy must be clearly labeled “COPY.” If the application is e-filed with the Commission Clerk, the utility must file one paper copy, clearly labeled “COPY,” with the Commission Clerk within seven calendar days after e-filing.

(2) Upon filing an application for a new or revised service availability charge or policy, the utility must provide notice pursuant to Rule 25-30.4345, F.A.C.

(3) A filing fee as required in Rule 25-30.020, F.A.C., must be submitted at the time of application.

(4) Each application must include the following, if applicable:

(a) A statement describing how the notice provisions have been complied with, including a copy of the actual notice(s).

(b) The name of the applicant, the applicant’s principal place of business and each local office from which company operations are conducted. The applicant’s name must be as it appears on the certificate issued by the Commission if one has been issued.

(c) The number of the Commission order, if any, which previously considered the charges or service availability policy for the system involved.

(d) A statement explaining the basis for the requested changes in charges and conditions.

(e) A schedule showing the original cost of any existing treatment plants, the water transmission and distribution system, and the sewage collection system, by Uniform System of Accounting account numbers as required by Rule 25-30.115, F.A.C., and the related capacity of each system as of 90 days prior to application.

(f) A detailed statement of accumulated depreciation for the plant listed in paragraph (e), above, as of 90 days prior to application.

(g) A schedule showing the number of active customers on line 90 days prior to the time of application by meter size, by customer class, and the related equivalent residential connections (ERC) as defined in subsection 25-30.515(8), F.A.C. Describe the method by which an ERC is defined.

(h) A detailed statement defining the capacity of the treatment facilities in terms of ERCs as used in developing the proposed service availability charges.

(i) A detailed statement defining the capacity of the distribution or collection system in terms of ERCs as used in developing the proposed service availability charges.

(j) A list of outstanding developer agreements.

(k) For each developer agreement state whether the agreement is designed to result in contributed property, other than the approved system capacity charge, within the next 24 months; an estimate of the value of the contributed property to be added to the utility’s books; and a description of the property.

(l) A schedule showing total collections of contributions-in-aid-of-construction (CIAC) as of 90 days prior to the date of application. Detail any prepaid CIAC by amount, the related reserved ERCs, and the anticipated connection date. Reference any appropriate developer agreements.

(m) A detailed statement of accumulated amortization of CIAC as listed in paragraph (l), above, as of 90 days prior to application.

(n) Copies of approvals or permits for construction and operation of treatment facilities.

(o) A detailed statement by a registered professional engineer showing the cost, by Uniform System of Accounting account numbers, and capacity of proposed plant expansion, and a timetable showing projected construction time.

(p) A detailed statement by a registered professional engineer showing how the proposed construction will affect the capacity of the existing systems.

(q) If the expansion or plant upgrading is being undertaken to comply with the mandates of local, state or federal regulatory authorities, copies of the order(s) or correspondence directing the expansion or upgrading.

(r) A schedule showing the projected growth rate for utilization of the existing plant and line capacity and future plant and line capacity.

(s) A summary schedule of how the proposed service availability charge was calculated.

(t) A schedule showing, by meter size, the cost of meters, connecting fittings, meter boxes or enclosures and also showing sufficient data on labor and any other applicable costs to allow the determination of an average cost for meter installation by type.

(u) A statement of the existing and proposed on-site and off-site main installation charges or policy.

(v) The company’s present capital structure, including the cost of debt in the present capitalization. The availability and cost of other sources of financing the proposed expansion or upgrading of the system also shall be given.

(w) The proposed tariff sheets.

(5) Each utility must demonstrate the appropriateness of the requested service availability charges and conditions.

History

• Rulemaking Authority 350.127(2), 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Amended 11-10-86, 11-30-93, 5-29-08, 12-8-21.

Fla. Admin. Code R. 25-30.570 Imputation of Contributions-in-Aid-of-Construction

If the amount of CIAC has not been recorded on the utility’s books and the utility does not submit competent substantial evidence as to the amount of CIAC, the amount of CIAC shall be imputed to be the amount of plant costs charged to the cost of land sales for tax purposes if available, or the proportion of the cost of the facilities and plant attributable to the water transmission and distribution system and the sewage collection system.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Formerly 25-30.57, 25-30.057, Amended 1-31-00.

Fla. Admin. Code R. 25-30.580 Guidelines for Designing Service Availability Policy

A utility’s service availability policy shall be designed in accordance with the following guidelines:

(1) The maximum amount of contributions-in-aid-of-construction, net of amortization, should not exceed 75% of the total original cost, net of accumulated depreciation, of the utility’s facilities and plant when the facilities and plant are at their designed capacity; and

(2) The minimum amount of contributions-in-aid-of-construction should not be less than the percentage of such facilities and plant that is represented by the water transmission and distribution and sewage collection systems.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83, Formerly 25-30.58, 25-30.058, Amended 1-31-00.

Fla. Admin. Code R. 25-30.585 Developer Service Availability Charges

Subject to the limitation in Rule 25-30.580, F.A.C., service availability charges for real estate developments shall not be less than the cost of installing the water transmission and distribution facilities and sewage collection system and not more than the developer’s hydraulic share of the total cost of the utility’s facilities and the cost of installing the water transmission and distribution facilities and sewage collection system. The terms of a developer’s agreement shall be consistent with the basic principles embodied in the rules in this part of the utility’s approved tariff. A statement of the potential impact of the developer agreement on the rates of the utility shall be submitted along with the developer agreement pursuant to Rule 25-30.055, F.A.C.

History

• Rulemaking Authority 367.101, 367.121(1) FS. Law Implemented 367.101 FS. History–New 6-14-83.

Fla. Admin. Code R. 25-30.4445 Notice of Application for Utility Reserve Fund

(1) This rule applies to all petitions to create a utility reserve fund filed by a water or wastewater utility that are filed as a stand-alone application. Petitions that are filed in conjunction with another rate proceeding filed pursuant to Section 367.081(2)(a), 367.0814, or 367.0822, F.S., shall comply with the noticing requirements set forth in Rule 25-22.0407 or 25-30.446, F.A.C., as applicable.

(2) Upon filing a petition to create a utility reserve fund, the utility shall mail a copy of the petition to the chief executive officer of the governing body of each municipality and county within the service areas included in the rate request. Each copy of the petition shall be accompanied by a statement that a copy of the utility reserve fund minimum filing requirements (MFRs) set forth in Rule 25-30.444, F.A.C., when accepted by the Commission, can be obtained from the petitioner upon request.

(3) Within 30 days after the official date of the filing established by the Commission, the utility shall place a copy of the petition and MFRs at its official headquarters and at all business offices it has in the service areas included in the request. Such copies shall be available for public inspection during the utility’s regular business hours. If the utility does not have a business office in a service area included in its petition, the utility shall make other arrangements to provide public access to the petition and MFRs. Acceptable public access options are: placing a copy of the petition and MFRs at the main county library, the local community center, or other appropriate location which is within or most convenient to the service area and which is willing to accept and provide public access to the copies; providing customers with information about how to access the petition and MFRs in the utility’s docket file on the Commission’s website; or providing a printed or electronic copy of the petition and MFRs to any customer who requests access to a copy.

(4)(a) Within 50 days after the official date of filing established by the Commission, the utility shall provide, in writing, an initial customer notice to all customers within the service areas included in the utility reserve fund 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 request is filed. If a utility that qualifies for staff assistance under subsection 25-30.455(1), F.A.C., requests assistance with the utility reserve fund process and a customer meeting is scheduled, the initial customer notice may be combined with the customer meeting notice and provided in accordance with subsection (5), instead of 50 days after the official filing date established by the Commission.

(b) The initial customer notice must be approved by Commission staff prior to distribution and shall include the following:

1. The date the notice is to be issued,

2. A statement that the utility has filed a utility reserve fund request with the Commission and a statement of the general reasons for the request,

3. A statement of the location(s) where a copy of the petition and MFRs are available for public inspection and the hours and days when inspection may be made, or instructions on how to obtain a copy if the utility has made alternate public access arrangements as referenced in subsection (3), above,

4. A comparison of current utility reserve fund surcharge, if applicable, and the proposed new utility reserve fund surcharge,

5. The utility’s address, telephone number, and business hours,

6. A statement that written comments regarding utility service or the proposed utility reserve fund rates and charges should be addressed to the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, 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 shall be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(5) No less than 14 days and no more than 30 days prior to the date of a customer meeting conducted by the Commission staff, the utility shall provide written notice of the date, time, location, and purpose of the customer meeting to all customers within the service areas designated by the Commission staff. The notice must be approved by Commission staff prior to distribution. The notice shall be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(6) If a proposed agency action order issued in the case is protested and any hearings are subsequently held, the utility shall give notice no less than 14 days and no more than 30 days prior to the date of each hearing held in or near a utility service area included in the utility reserve fund request. No less than 14 days and no more than 30 days prior to the hearing, the utility shall have published in a newspaper of general circulation in the area in which such hearing is to be held a display advertisement stating the date, time, location, and purpose of the hearing. These notices must be approved by Commission staff prior to publication.

(7) After the Commission issues an order granting or denying a utility reserve fund request, the utility shall notify its customers of the order and any revised rates. The customer notification must first be approved by Commission staff and shall be distributed no later than with the first bill containing any revised rates.

History

• Rulemaking Authority 350.127(2), 367.081(2)(c), 367.121 FS. Law Implemented 367.081(2)(c), 367.091 FS. History–New 6-20-17.

Chapter 25-40 EXCEPTIONS TO THE UNIFORM RULES OF PROCEDURE

Fla. Admin. Code R. 25-40.001 Exceptions to the Uniform Rules of Procedure

The following provisions of the Commission’s rules are exceptions to the uniform rules of procedure:

UNIFORM RULE

COMMISSION RULE THAT IS AN EXCEPTION

CHAPTER 28-102, F.A.C.

AGENDA AND SCHEDULING OF MEETINGS AND

WORKSHOPS

Rule 25-22.0021, F.A.C.

Agenda Conference Participation.

CHAPTER 28-102, F.A.C. – AGENDA AND SCHEDULING OF MEETINGS AND WORKSHOPS AND CHAPTER 28-106, F.A.C. – DECISIONS DETERMINING SUBSTANTIAL INTERESTS

Rule 25-22.0022, F.A.C.

Oral Argument Rule.

Rule 28-102.001, F.A.C.

Notice of Public Meeting, Hearing, or Workshop.

Rule 25-22.001, F.A.C.

Notice of Meeting or Workshop.

Subsection 28-102.002(2), F.A.C.

Agenda of Meetings, Hearings, and Workshops.

Rule 25-22.002, F.A.C.

Agenda of Meetings.

CHAPTER 28-106, F.A.C.

DECISIONS DETERMINING SUBSTANTIAL INTERESTS

Rule 25-22.006, F.A.C.

Confidential Information.

Rule 25-22.029, F.A.C.

Point of Entry Into Proposed Agency Action Proceedings.

Rule 25-22.0376, F.A.C.

Reconsideration of Non-Final Orders.

Subsections 25-22.0406(7)-(8), F.A.C.

Notice and Public Information on General Rate Increase Requests by Electric, Gas and Telephone Companies.

Subsections 25-22.0407(8) and (10), F.A.C.

Notice of and Public Information for General Rate Increase Requests by Water and Wastewater Utilities.

Rule 25-22.060, F.A.C.

Motion for Reconsideration of Final Orders.

Rule 28-106.208, F.A.C.

Notice of Hearing.

Rule 25-22.029, F.A.C.

Point of Entry into PAA Proceeding.

Rule 25-22.0405, F.A.C.

Notices of Hearings.

Rule 28-106.212, F.A.C.

Subpoenas.

Rule 25-22.045, F.A.C.

Subpoenas.

History

• Rulemaking Authority 120.54(5)(a)3. FS. Law Implemented 120.54(5)(a)3. FS. History–New 4-28-99, Amended 3-28-07, 9-28-15, 11-23-17.