Florida Regulations 25-30.034: Application for Original Certificate of Authorization for Existing Utility Currently Charging for Service
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(1) Each applicant for an original certificate of authorization for an existing utility currently charging for service, other than an application filed under Florida Statutes § 367.171, 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 Fl. Admin. Code R. 25-30.020(2)(a);
(b) Proof of noticing pursuant to Fl. Admin. Code R. 25-30.030;
(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 Fl. Admin. Code R. 25-30.115 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 Fl. Admin. Code R. 25-30.029;
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 Fl. Admin. Code Chapter 25-9 Form PSC 1010 (12/15), entitled “”Water Tariff”” and Form PSC 1011 (12/15), entitled “”Wastewater Tariff,”” which are incorporated by reference in Fl. Admin. Code R. 25-30.033, 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.
Rulemaking Authority 350.127(2), 367.045, 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.
Terms Used In Florida Regulations 25-30.034
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(b) Proof of noticing pursuant to Fl. Admin. Code R. 25-30.030;
(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 Fl. Admin. Code R. 25-30.115 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 Fl. Admin. Code R. 25-30.029;
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 Fl. Admin. Code Chapter 25-9 Form PSC 1010 (12/15), entitled “”Water Tariff”” and Form PSC 1011 (12/15), entitled “”Wastewater Tariff,”” which are incorporated by reference in Fl. Admin. Code R. 25-30.033, 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.
Rulemaking Authority 350.127(2), 367.045, 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.