Fla. Admin. Code Ann. R. 25-30.090 - Abandonments

(1) This rule applies to any person, lessee, trustee, or receiver owning, operating, managing, or controlling a utility which intends to abandon the utility. The provisions of this rule are intended to prevent service interruptions to the utility customers.

(2) The notice of abandonment to be issued by the utility to the Commission and the county's administrator, pursuant to Section 367.165, F.S., shall identify the following:

(a) The utility's name and address;

(b) The person to contact regarding this notice, including that person's address, telephone number, and, if available, email address and fax number;

(c) The date of the notice;

(d) The date the utility will be abandoned;

(e) Whether the water system, wastewater system, or both are to be abandoned;

(f) A statement of the reason the utility will be abandoned;

(g) A statement of the status of the utility with the Department of Environmental Protection regarding outstanding citations or violations; and,

(h) The location of the utility's books and records.

(3) Within 10 days of appointment of a receiver by the circuit court, the receiver shall provide the Commission with a copy of the order of appointment and shall request from the Commission a copy of the utility's tariff and most recent annual report.

(4) Within 90 days of appointment, a receiver who is not a governmental authority shall file the utility's water and/or wastewater tariff that is revised to show the name, address and telephone number of the receiver and identifies the receiver as the issuing officer. This revision shall not affect the certificated name of the utility. Form PSC 1010 (12/15), entitled "Water Tariff" and Form PSC 1011 (12/15), entitled "Wastewater Tariff, " which are incorporated by reference in Rule 25-30.033, F.A.C., 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.

(5) The receiver shall fulfill the utility's obligations pursuant to Chapter 367, F.S., and Chapter 25-30, F.A.C., during the pendency of the receivership. However, a receiver shall not be held responsible by the Commission for failure to provide safe, efficient and sufficient service where such failure is substantially caused by actions or omissions pre-dating appointment of the receiver, unless the receiver is given reasonable opportunity to rectify such failure.

Notes

Fla. Admin. Code Ann. R. 25-30.090

Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121, 367.165 FS.

New 11-30-93, Amended by Florida Register Volume 41, Number 246, December 22, 2015 effective 1/4/2016.

New 11-30-93, Amended 1-4-16.