Florida Regulations 25-30.436: General Information and Instructions Required of Water and Wastewater Utilities in an Application for Rate Increase
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(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 Fl. Admin. Code R. 25-22.0407
(g) A statement whether the applicant requests to have the case processed using the proposed agency action procedure outlined in Florida Statutes § 367.081(10)
(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 Fl. Admin. Code R. 25-30.437, have been met, including filing of the applicant’s prepared direct testimony unless the applicant has filed its petition pursuant to Florida Statutes § 367.081(10) 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 Fl. Admin. Code R. 25-30.437 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 Florida Statutes § 367.081(4)
(f) The provisions of Fl. Admin. Code R. 25-30.433, 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 Fl. Admin. Code R. 25-30.437, 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 Fl. Admin. Code R. 25-30.437 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.
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.
Terms Used In Florida Regulations 25-30.436
- 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.
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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 Fl. Admin. Code R. 25-22.0407
(g) A statement whether the applicant requests to have the case processed using the proposed agency action procedure outlined in Florida Statutes § 367.081(10)
(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 Fl. Admin. Code R. 25-30.437, have been met, including filing of the applicant’s prepared direct testimony unless the applicant has filed its petition pursuant to Florida Statutes § 367.081(10) 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 Fl. Admin. Code R. 25-30.437 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 Florida Statutes § 367.081(4)
(f) The provisions of Fl. Admin. Code R. 25-30.433, 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 Fl. Admin. Code R. 25-30.437, 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 Fl. Admin. Code R. 25-30.437 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.
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.