Fla. Admin. Code Ann. R. 25-22.0407 - Notice of and Public Information for General Rate Increase Requests by Water and Wastewater Utilities

(1) This rule applies to all requests for general rate increases made by water and wastewater utilities.

(2) Upon filing a petition for a general rate increase, the utility must notify the chief executive officer of the governing body of each municipality and county within the service areas included in the rate request that the utility has petitioned for a general rate increase and must clearly identify the Commission-assigned docket number. The notification must be accompanied by a statement that a copy of the petition and Minimum Filing Requirements (MFRs) can be accessed on the Commission's website.

(3)

(a) Within 30 days after the official date of filing established by the Commission, the utility must notify the chief executive officer of the governing body of each municipality and county within the service areas included in the rate request that the utility's rate case synopsis can be accessed on the Commission's website.

(b) The utility's rate case synopsis must be approved by the Commission staff prior to distribution and must include the following:

1. A summary of the section of the MFRs showing a comparison of the present and proposed rates and charges:

2. A statement of the general reasons for the rate request,

3. A statement of any anticipated major issues involved in the rate case,

4. A description of the ratemaking process and the time schedule established for the rate case; and,

5. A statement that the MFRs can be accessed on the Commission's website.

(4)

(a) Within 50 days after the official date of filing established by the Commission, the utility must provide, in writing, an initial customer notice to all customers within the service areas included in the rate request and to all persons in the same service areas who have filed a written request for service or who have been provided a written estimate for service within the 12 calendar months prior to the month the petition is filed.

(b) The initial customer notice must be approved by Commission staff prior to distribution and must include the following:

1. The date the notice was issued,

2. A statement that the utility has filed a rate request with the Commission and a statement of the general reasons for the request,

3. A statement that the MFRs, petition, and rate case synopsis are available on the Commission's website,

4. The time schedule established for the case, including the dates, times, and locations of any hearings scheduled,

5. A comparison of current rates and charges and the proposed new rates and charges,

6. The utility's address, telephone number, and business hours,

7. A statement that written comments regarding utility service or the proposed rates and charges should be addressed to the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and that such comments should identify the docket number assigned to the proceeding,

8. A statement that complaints regarding service may be made to the Commission's Office of Consumer Assistance and Outreach at the following toll-free number: 1(800)342-3552; and,

9. If the utility has not requested a change in its service availability charges as part of its rate request, a statement that the Commission will be reviewing the utility's service availability charges in the pending rate case and that the Commission may adjust those charges.

10. The docket number assigned by the Commission's Office of Commission Clerk.

(c) The initial customer notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(5)

(a) No less than 14 days and no more than 30 days prior to the date of each service hearing, in those cases where the Commission has scheduled a service hearing, the utility must provide written notice of the date, time, location, and purpose of the service hearing to all customers within service areas designated by the prehearing officer or the Commission staff. The notice must be approved by the Commission staff prior to distribution. The notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(b) No less than 14 days and no more than 30 days prior to the date of the hearing, in all cases, including those in which the Commission has scheduled a service hearing, the utility must provide written notice of the date, time, location, and purpose of the hearing to all customers within the service areas included in the rate request. The notice must be approved by Commission staff prior to distribution. The notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(6) No less than 14 days and no more than 30 days prior to the date of each hearing held in or near a utility service area included in the rate request, the utility must have published in a newspaper of general circulation in the area in which such hearing is to be held a display advertisement stating the date, time, location, and purpose of the hearing. The notice must be approved by Commission staff prior to publication.

(7)

(a) When a utility files a petition for a general rate increase and requests that its case be processed as proposed agency action in accordance with Section 367.081(10), F.S., the utility must comply with the requirements of subsections (2), (3), and (4) of this rule.

(b) 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 must provide written notice of the date, time, location, and purpose of the customer meeting to all customers within service areas designated by the Commission staff. The notice must be approved by Commission staff prior to distribution. The notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(c) If the proposed agency action order issued in the case is protested and any hearings are subsequently held, the utility must give notice in accordance with subsections (5) and (6) above.

(8)

(a) When a utility applies for a staff-assisted rate case in accordance with Section 367.0814, F.S., and Rule 25-30.455, F.A.C., and staff-assistance is granted, the requirements of subsections (2), (3), and (4) of this rule, do not apply.

(b) 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 must provide, in writing, a customer meeting notice to all customers within its service area and to all persons in the same service areas who have filed a written request for service or who have been provided a written estimate for service within the 12 calendar months prior to the month the petition is filed.

(c) The customer meeting notice must be approved by the Commission staff prior to distribution and must include the following:

1. The date the notice was issued.

2. The time, date, location, and purpose of the customer meeting.

3. A statement that the utility has applied for a staff-assisted rate case and the general reasons for doing so.

4. A statement that the Commission staff has prepared a staff report of its initial analysis of the case.

5. The website address where the staff report is available.

6. A comparison of current rates and charges and the proposed new rates and charges.

7. The utility's address, telephone number, and business hours.

8. A statement that written comments regarding utility service or the proposed rates and charges should be addressed to the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and that such comments should identify the docket number assigned to the proceeding.

9. A statement that complaints regarding service may be made to the Commission's Office of Consumer Assistance and Outreach at the following toll-free number: 1(800)342-3552.

10. A statement that the Commission will be reviewing the utility's service availability charges in the pending case and that the Commission may adjust those charges.

11. The docket number assigned by the Commission's Office of Commission Clerk.

(d) The customer meeting notice must be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(e) If the proposed agency action order issued in the case is protested and any hearings are subsequently held, the utility shall give notice in accordance with subsections (5) and (6) above.

(9) After the Commission issues an order granting or denying a rate change, the utility must notify its customers of the order and any revised rates. The customer notification must be approved by Commission staff and be distributed no later than with the first bill containing any revised rates.

Notes

Fla. Admin. Code Ann. R. 25-22.0407

Rulemaking Authority 350.127(2), 367.121(1)(f) FS. Law Implemented 367.081(2)(a), 367.0814(1), 367.091, 367.121(1)(a) FS.

New 5-27-93, Amended 5-3-99, Amended by Florida Register Volume 47, Number 007, January 12, 2021 effective 1/27/2021.

New 5-27-93, Amended 5-3-99, 1-27-21.