Florida Regulations 25-30.433: Rate Case Proceedings
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In a rate case proceeding, the following provisions shall apply.
(1) The Commission in every rate case shall make a determination of the quality of service provided by the utility by evaluating the quality of utility’s product (water) and the utility’s attempt to address customer satisfaction (water and wastewater). In making this determination, the Commission shall consider:
(a) The most recent chemical analyses for each water system as described in Fl. Admin. Code R. 25-30.437(3)(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 shall consider whether the infrastructure and operational conditions of the plant and facilities are in compliance with Fl. Admin. Code R. 25-30.225 In making this determination, the Commission shall 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; 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 shall be calculated using the balance sheet approach. Working capital for Class B and C utilities shall be calculated using the formula method (one-eighth of operation and maintenance expenses).
(4) Used and useful debit deferred taxes shall be offset against used and useful credit deferred taxes in the capital structure. Any resulting net debit deferred taxes shall be included as a separate line item in the rate base calculation. Any resulting net credit deferred taxes shall be included in the capital structure calculation. No other deferred debits shall 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 shall 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 shall be applied to the applicable depreciation expense. Property tax expense on non-used and useful plant shall not be allowed.
(7) Charitable contributions shall not be recovered through rates.
(8) Income tax expense shall not be allowed for subchapter S corporations, partnerships or sole proprietorships.
(9) Non-recurring expenses shall 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 National Association of Regulatory Utility Commissioners Uniform System of Accounts, of plant assets prior to the end of their depreciable life shall 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 shall 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 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.
(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 shall 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 shall 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 shall include an amount for the parent debt adjustment in those cases covered by Fl. Admin. Code R. 25-14.004 Interest shall also be imputed on deferred investment tax credits in those cases covered by 26 C.F.R. part 1, s. 1.46-6(b)(2)(i), (3) and (4)(ii) issued May 22, 1986 and effective for property constructed or acquired on or after August 15, 1971.
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.
Terms Used In Florida Regulations 25-30.433
- Amortization: Paying off a loan by regular installments.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) The most recent chemical analyses for each water system as described in Fl. Admin. Code R. 25-30.437(3)(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 shall consider whether the infrastructure and operational conditions of the plant and facilities are in compliance with Fl. Admin. Code R. 25-30.225 In making this determination, the Commission shall 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; 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 shall be calculated using the balance sheet approach. Working capital for Class B and C utilities shall be calculated using the formula method (one-eighth of operation and maintenance expenses).
(4) Used and useful debit deferred taxes shall be offset against used and useful credit deferred taxes in the capital structure. Any resulting net debit deferred taxes shall be included as a separate line item in the rate base calculation. Any resulting net credit deferred taxes shall be included in the capital structure calculation. No other deferred debits shall 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 shall 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 shall be applied to the applicable depreciation expense. Property tax expense on non-used and useful plant shall not be allowed.
(7) Charitable contributions shall not be recovered through rates.
(8) Income tax expense shall not be allowed for subchapter S corporations, partnerships or sole proprietorships.
(9) Non-recurring expenses shall 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 National Association of Regulatory Utility Commissioners Uniform System of Accounts, of plant assets prior to the end of their depreciable life shall 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 shall 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 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.
(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 shall 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 shall 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 shall include an amount for the parent debt adjustment in those cases covered by Fl. Admin. Code R. 25-14.004 Interest shall also be imputed on deferred investment tax credits in those cases covered by 26 C.F.R. part 1, s. 1.46-6(b)(2)(i), (3) and (4)(ii) issued May 22, 1986 and effective for property constructed or acquired on or after August 15, 1971.
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.