Order No. PSC-2024-0017-NOR-EU•Florida Public Service Commission native order document 00204-2024
Florida Public Service Commission native order document 00204-2024
Order No. PSC-2024-0017-NOR-EUFlapubserv
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FILED 1/17/2024 DOCUMENT NO. 00204-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Proposed amendment of Rule 25-6.0131, F.A.C., Regulatory Assessment Fees; Investor- owned Electric Companies, Municipal Electric Utilities, Rural Electric Coo eratives. DOCKET NO. 20230115-EU ORDER NO. PSC-2024-0017-NOR-EU ISSUED: January 17, 2024 The following Commissioners participated in the disposition of this matter: BY THE COMMISSION: MIKE LA ROSA, Chairman ART GRAHAM GARY F. CLARK ANDREW GILES FAY GABRIELLA PASSIDOMO NOTICE OF PROPOSED RULE NOTICE is hereby given that the Florida Public Service Commission, pursuant to Section 120.54, Florida Statutes, has proposed the amendment of Rule 25-6.0131, Florida Administrative Code, relating to regulatory assessment fees for electric utilities. The attached Notice of Proposed Rule appeared in the January 17 , 2024 edition (Vol. 50, Number 11) of the Florida Administrative Register. If timely requested, a hearing will be held at a time and place to be announced in a future notice. Requests for hearing on the proposed rule must be provided in writing and received by the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard., Tallahassee, FL 32399-0862, no later than February 7, 2024.
ORDER NO. PSC-2024-0017-NOR-EU DOCKET NO. 20230115-EU P AGE2 By ORDER of the Florida Public Service Commission tru s 17th day of January. 2024. JHR Florida Public ervice Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413 -6770 www.tloridapsc.com Copies fumjshed: A copy of this document is provided to the parties of record at the time of issuance a nd , if appl icable, interested persons.
ORDER NO. PSC-2024-0017-NOR-EU DOCKET NO. 20230115-EU PAGE3 PUBLIC SERVICE COMMISSION SELECT A TYPE: Amendment RULE NO.: RULE TITLE: Notice of Proposed Rule 25-6.0131 Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives. PURPOSE AND EFFECT: To update regulatory assessment fee rates to accurately reflect the cost of regulation. Docket No. 20230 I 15-EU SUMMARY: The rule amendments update the regulatory assessment fee rate for electric utilities to accurately reflect the cost of regulation. The rate for investor-owned electric companies will change from 0.00072 to 0.000848, and the rate for municipal electric utilities and rural electric cooperatives will change from 0.00015625 to 0.00009905. Other amendments update the rule language for clarity and consistency. The rule will become effective on April I, 2024. SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RAT IFICATION: A SERC ha s not been prepared by the Agency. No SERC is required pursuant to the exemption in Section 120.80( 13)(g)2., F.S. , as amended by Section 51 , Chapter 2023-240, Laws of Florida. The agency has determined that the proposed rule is not expected to require legi slative ratification ba sed on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Ratification is not required pursuant to the exemption in Section 120.80( l 3)(g)2., F.S. , as amended by Section 51 , Chapter 2023-240, Laws of Florida. RULEMAKrNG AUTHORITY: 350.127(2), 366.05, F.S. LAW IMPLEMENTED: 350.113, 366.14, F.S. IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HE ARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR THE PERSON TO BE CONT ACTED REGARDING THE PROPOSED RULE JS : Jon Rubottom, jrubono@psc.state.fl.us, Office of General Counsel, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399-0850, (850)413-6199. THE FULL TEXT OF THE PROPOSED RULE IS: 2S-6.0 13 1 Regulat ory Assessment Fees; In vestor-ow ned Electric Companies, Municipal Electric Ut il ities, Rural Elec tric Cooperatives. (I) 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 pa y a regulatory assessment fee in the amount of 0.000848 ~ of its gross operating revenues derived from intrastate business, excluding sales for resale between inve stor- owned electric companies pHelie litilities, 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 0.00015625 of its gross operating revenues derived from intrastate business, excluding sales for resale between investor-owned electric companies p1:1elie 1:1tilities, municipal electric utilities, and rural electric cooperatives or any combination thereof. (2) through (3) No change. (4) Commission Form PSC/ ECO PSG/ AfD 68 (01 /24) ~. entitled "Investor-Owned Electric Utility Regulatory Assessment Fee Return,"t is available at [new hyperlink]
ORDER NO. PSC-2024-0017-NOR-EU DOCKET N O. 202301 15- EU PAGE4 http://www.flrules.org/Gateway/ refereAce.asp?1'-lo Ref 02610; Commission Form PSC / ECO PSG/A fD 69 (01 /24) ~. en ti tled "Municipal Electric Utility Regulatory Assessment Fee Return." is available at [new hyperlink] http: h' www.fuules.org/Gateway/refereAce.asp?1'-lo Ref 02611; and Commission Form PSC / ECO PSG/ AfD 70 (01 /24) ~. entitled "Rural Electri c Cooperative Regulatory Assessment Fee Return ," is available at [new hyperlinkl http://www.f1rules.org/Gateway/ refereA ce .asp?1'-le Ref 02612. These forms are incorporated into this rule by reference and may be also be obtained from the Commission's Division of Administrative and lnformation 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) through (6) No change. (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 In formation Technology Services Com mi ssion 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 In formation Technology Services. (a) The request for extension must be received by the Divi s ion of Admini strative 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 th e 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. 113ill, 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. PROPOSED EFFECT IV E DA TE: April I, 2024 Rulemaking Authority 350. /27(2), 366.05 FS. law Implemented 350./13. 366.14 FS. History-New 5-18-83, Amended 2-9-8./. Formerly 25-6. 131, Amended 6-18-86. 10-16-86, 3-7-89. 2-/9-92, 7-7-96, 1-1-99, 5-7-13,. NAME OF PERSON ORIGINATING PROPOSED RUL E: Apryl Lynn, Deputy Executive Director, Administrative NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RUL E: Florida Public Service Commission DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 10, 2024 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED £N FAR: Volume 49, Number 177 , September 12 , 2023.
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