Florida Regulations 25-30.030: Notice of Application and of Customer Meeting
Current as of: 2024 | Check for updates
|
Other versions
(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 Fl. Admin. Code R. 25-30.033;
(b) An original certificate of authorization for existing utility currently charging for service as provided in Fl. Admin. Code R. 25-30.034;
(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 Fl. Admin. Code R. 25-30.029 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 Florida Statutes § 367.171; transfers to governmental authorities filed under Florida Statutes § 367.071; or abandonments filed under Florida Statutes § 367.165
Rulemaking Authority 350.127(2), 367.045(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.
Terms Used In Florida Regulations 25-30.030
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(b) An original certificate of authorization for existing utility currently charging for service as provided in Fl. Admin. Code R. 25-30.034;
(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 Fl. Admin. Code R. 25-30.029 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 Florida Statutes § 367.171; transfers to governmental authorities filed under Florida Statutes § 367.071; or abandonments filed under Florida Statutes § 367.165
Rulemaking Authority 350.127(2), 367.045(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.