16759677, 25-30.029 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16759677

Notice of Proposed Rule

Department:

PUBLIC SERVICE COMMISSION

Chapter:

WATER AND WASTEWATER UTILITY RULES

Overview

RULE:

25-30.029	Legal Description of Service Area
25-30.030	Notice of Application and of Customer Meeting
25-30.032	Applications
25-30.033	Application for Original Certificate of Authorization and Initial Rates and Charges
25-30.034	Application for Original Certificate of Authorization for Existing Utility Currently Charging for Service
25-30.035	Application for Original Certificate of Authorization Following Rescission of Jurisdiction by a County
25-30.036	Application for Amendment to Certificate of Authorization to Extend or Delete Service Area
25-30.037	Application for Authority to Transfer
25-30.038	Application for Transfer to a Governmental Authority
25-30.039	Notice of Name Change
25-30.090	Abandonments

PURPOSE:

New Rule 25-30.029 specifies the format of the legal description of the utility’s service area to be used in water and wastewater certificate applications.  New Rule 25-30.038 addresses applications for transfer to a governmental authority. The amendments to Rules 25-30.030, 25-30.032, 25-30.033, 25-30.034, 25-30.035, 25-30.036, and 25-30.037 update, streamline, and clarify the Commission’s requirements for applications for water and wastewater utility certificates of authorization.  Rule 25-30.039 is changed from an application to a notice of name change. Rule 25-30.090 is updated and clarified as to abandonment requirements. Forms applicable to applications are incorporated by reference in the rules.
Docket No. 150198-WS.

SUMMARY:

Rule 25-30.029, Legal Description of Service Area, is a new rule addressing legal description requirements for applications for a certificate, extension or deletion of service area, or transfer, which were previously located in Rule 25-30.030.  Rule 25-30.030, Notice of Application and of Customer Meeting, is amended to delete the legal description requirements that are relocated into Rule 25-30.029; to clarify by listing the specific applications and relevant rule sections to which this rule applies; to update application titles; to clarify information to be included in notices; and to update and codify existing practice concerning notice publication and persons to whom notices must be sent. Rule 25-30.032, Combined Applications, is amended to delete the obsolete requirement of filing multiple copies of applications and to reflect that the number of copies to be filed is now addressed in Rule 25-22.028; to delete an unnecessary subsection concerning the official filing date that is now addressed in Rule 25-30.030(5); and to amend the title to reflect that the rule addresses combined applications. Rule 25-30.033, Application for Original Certificate of Authorization and Initial Rates and Charges,  is amended to clarify and update the rule to reflect current Commission practice and to delete vague, obsolete and redundant language; to clarify by codifying the specific information required by applicants to demonstrate the need for service and the technical and financial ability of the applicant to provide service; and to incorporate by reference an example, fillable application form and water and wastewater tariff forms that will make the application process easier for applicants.  Rule 25-30.034, Application for Original Certificate of Authorization for Existing Utility Currently Charging for Service, is amended to clarify and update the rule to reflect current Commission practice and to delete vague, obsolete and redundant language; to clarify by codifying specific information required by applicants to demonstrate the need for service and the technical and financial ability of the applicant to provide service; and to incorporate by reference an example, fillable application form and water and wastewater tariff forms that will make the application process easier for applicants.  Rule 25-30.035, Application for Original Certificate of Authorization Following Rescission of Jurisdiction by a County, is amended to clarify and update the rule to reflect current Commission practice and to delete vague, obsolete and redundant language; is amended to codify specific information required in this type of application, including documentation from the county showing authorization to serve and copies of all DEP and water management permits; and is amended to incorporate by reference an example, fillable application form and water and wastewater tariff forms that will make the application process easier for applicants.  Rule 25-30.036, Application for Amendment to Certificate of Authorization to Extend or Delete Service Area, is amended to clarify and update the rule to reflect current Commission practice and to delete vague, obsolete and redundant language; is clarified by codifying specific information required by applicants to demonstrate the need for service; is amended to require a copy of all current DEP and water management district permits, the most recent sanitary survey, compliance inspection report, secondary standards drinking water report, and correspondence with DEP, the county health department and water management district for the past five years, in order for the Commission to be able to assess the utility’s compliance with secondary drinking water standards; and is amended to incorporate by reference an example, fillable application form and water and wastewater tariff forms that will make the application process easier for applicants.  Rule 25-30.037, Application for Authority to Transfer, is amended to clarify and update the rule to reflect current Commission practice and to delete vague, obsolete and redundant language; is clarified by codifying specific information required by applicants when there is a transfer of an exempt entity or utility in a non-jurisdictional county to a Commission regulated utility that results in a system whose service transverses county boundaries; is amended to require a copy of all current DEP and water management district permits, the most recent sanitary survey, compliance inspection report, secondary standards drinking water report, and correspondence with DEP, the county health department and water management district for the past five years, in order for the Commission to be able to assess the utility’s compliance with secondary drinking water standards; and is amended to incorporate by reference an example, fillable application form and water and wastewater tariff forms that will make the application process easier for applicants. Rule 25-30.038, Application for Transfer to a Governmental Authority, is a new rule addressing applications for transfer to a governmental authority that were previously submitted pursuant to Rule 25-30.037(4).  Rule 25-30.039, Notice of Name Change, is amended to require a notice of name change instead of an application for name change, consistent with language of the implementing statute Section 367.1214, F.S; and is amended to codify the practice of requiring the utility to file with the Commission Clerk a statement verifying the date that the notice of name change was sent to the utility customers.  Rule 25-30.090, Abandonments, is amended to improve readability and clarity; is amended to require a receiver to provide the Commission with a copy of the court order of appointment within 10 days of appointment; and to clarify that a receiver who is a governmental authority is not required to file a revised tariff with the Commission.
Application requirements related to various actions concerning water and wastewater certificates of authorization are updated, streamlined, and clarified.

RULEMAKING AUTHORITY:

350.127(2), 367.045, 367.121, 367.1213, 367.1214, FS

LAW:

367.031, 367.045, 367.071, 367.083, 367.121, 367.1213, 367.1214, 367.165, 367.171, FS

PRINT PUBLISH DATE:

11/12/2015 Vol. 41/220

COMMENTS:

From 11/12/2015 To 12/3/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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