90-000407 Pasquale Morrone vs. Century Utilities, Inc. Status: Closed Recommended Order on Friday, July 27, 1990.

Summary: Water customer not entitled to reduced bill absent proof that water meter functioned incorrectly.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PASQUALE MORRONE, )

)

Petitioner, )

vs. ) CASE NO. 90-0407

)

CENTURY UTILITIES, INC., )

)

Respondent, )

and )

)

FLORIDA PUBLIC SERVICE )

COMMISSION, )

)

Intervenor. )

_____________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on May 22,

1990, at West Palm Beach, Florida, before Michael M. Parrish, a duly

designated Hearing Officer of the Division of Administrative Hearings.

Appearances for the parties at the hearing were as follows:

APPEARANCES

For Petitioner: Jeffrey S. Gerow, Esquire

Drexel Building, Suite 101

5554 North Federal Highway

Fort Lauderdale, Florida 33308

For Respondent: Mr. Gary Mishoe

Century Utilities, Inc.

Post Office Box 170569

West Palm Beach, Florida 33417-4384

For Intervenor: James R. Frier, Staff Counsel

Florida Public Service Commission

101 East Gaines Street

Tallahassee, Florida 32399-0863

STATEMENT OF THE ISSUES

The issue in this case is whether the Petitioner's water bill in the

amount of $795.14 for the period of December 3, 1988, to January 7, 1989,

should be reduced to his customary monthly bill of approximately $12.00.

PRELIMINARY STATEMENT

At the formal hearing in this case the Petitioner testified on his own

behalf and presented the testimony of two other witnesses. The Petitioner also

offered eight exhibits. The Respondent presented the testimony of one witness

and the parties stipulated regarding the testimony of another of the

Respondent's witnesses. The Respondent also offered eleven exhibits. The

Intervenor did not present any witnesses, but did offer one exhibit. At the

conclusion of the hearing the parties requested and were granted twenty days

from the filing of the transcript within which to file their proposed

recommended orders.

The transcript of the hearing was filed with the Hearing Officer on

June 4, 1990, and all parties were advised by memorandum that the deadline

for their respective proposed recommended orders was June 25, 1990. All

parties filed timely proposed recommended orders containing proposed findings of

fact and conclusions of law. All proposed findings of fact are specifically

addressed in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Mr. Pasquale Morrone owns an apartment in the Century Village

complex in West Palm Beach, Florida, and is a customer of Century Utilities,

Inc., a water utility whose certificated territory includes Century Village.

Mr. Morrone's normal monthly water bill is approximately $12.00. For the

service period of December 3, 1988, to January 7, 1989, Mr. Morrone

received an abnormally high water bill in the amount of $795.14, representing

322,750 gallons of use. During the service period of December 3, 1988, to

January 7, 1989, neither Mr. Morrone nor anyone else was in his Century

Village apartment.

2. As a result of Mr. Morrone's complaint about the high bill, his water

meter was removed and tested. The tests revealed that the meter performed

within the accuracy standards prescribed by the Florida Public Service

Commission in Rule 25- 30.262, Florida Administrative Code. The water meter

at Mr. Morrone's apartment accurately measured the water passing through the

meter during the subject billing period. There was no error in reading the

meter at Mr. Morrone's apartment. The meter at Mr. Morrone's apartment did not

"skip" to a higher number, or otherwise malfunction. In view of the manner in

which water meters are designed, water meters cannot register a flow of water

unless a flow is actually going through the meter.

3. The large amount of water passing through the meter at Mr. Morrone's

apartment during the subject billing period was caused by the flapper valve on

Mr. Morrone's toilet remaining open. Mr. Morrone did not shut off the water

supply to the toilet in his Century Village apartment before leaving the

apartment in November of 1988, even though it is often his practice to do so.

The large amount of water usage during the subject billing period was not caused

by a leak in the pipes.

4. If a toilet flapper valve malfunctions and remains open during a one-

month period it is possible for more than 322,750 gallons of water to flow

through the toilet tank. If a flapper valve malfunctions and remains open, it

is also possible for the flapper valve to eventually fall shut and stop the flow

of water.

5. Century Utilities, Inc., has an established policy for dealing with

complaints about high water bills. The policy provides for reducing high

bills under some circumstances. Pursuant to this policy, Century

Utilities, Inc., sent Mr. Morrone an adjusted bill for the period in

question. The adjusted bill was in the amount of $414.36.

CONCLUSIONS OF LAW

6. The Division of Administrative Hearings has jurisdiction over the

parties to and the subject matter of this proceeding. See Section 120.57(1),

Florida Statutes.

7. Utilities such as Century Utilities, Inc., are regulated by the

Florida Public Service Commission pursuant to Chapter 367, Florida Statutes.

Pursuant to the Commission's statutory powers, it has adopted rules governing

utilities such as Century Utilities, Inc., which rules appear at Chapter 25-30,

Florida Administrative Code. Rule 25-30.340 specifically addresses the

subject of adjustment of bills for meter error. Pursuant to that rule, a utility

is required to adjust a bill following a meter test only when the test shows

that the meter registers fast in excess of the tolerance permitted under Rule

25-30.262. In this case there is no such showing. To the contrary, the

testing of the meter at Mr. Morrone's apartment revealed that the meter

registered within the tolerances permitted by Rule 25-30.262.

8. Mr. Morrone has failed to prove that the meter reading for water

consumption at his Century Village apartment during the subject billing period

was inaccurate. Mr. Morrone has failed to prove any other type of error in the

computation of his water bill for the subject billing period. Absent such

proof, there is no basis upon which the relief sought by Mr. Morrone can be

granted.

RECOMMENDATION

On the basis of all of the foregoing, it is RECOMMENDED that the Florida

Public Service Commission enter a final order in this case denying the

relief sought by Mr. Morrone, and concluding that the adjusted bill in the

amount of $414.36 is a correct bill for the subject billing period.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this __27th__ day of

July 1990.

_________________________

MICHAEL M. PARRISH

Hearing Officer

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

[phone]

Filed with the Clerk of the

Division of Administrative Hearings

this __27th__ day of July 1990.

APPENDIX TO RECOMMENDED ORDER

The following are my specific rulings on all proposed findings of fact

submitted by all parties.

Findings proposed by Petitioner:

Paragraphs 1 and 2: Accepted.

Paragraph 3: First clause accepted; second clause rejected as not

supported by persuasive competent substantial evidence.

Paragraph 4: Accepted with regard to December 1988. Rejected with regard

to January 1989, because not supported by persuasive competent substantial

evidence. It is most unlikely that the neighbor sent to check for running

water in January 1989 did so without touching any faucet or toilet handles.

Paragraph 5: Rejected as irrelevant because water could flow in the

Petitioner's apartment without the neighbor being aware of it.

Paragraph 6: Rejected as contrary to the greater weight of the evidence;

the cause of the high water bill was an open flapper valve in Petitioner's

toilet.

Paragraph 7: Rejected as constituting a conclusion of law; specifically, a

conclusion not warranted by the evidence.

Findings proposed by Respondent:

Paragraphs 1, 2, 3, and 4: Accepted in substance with some unnecessary

details omitted.

Paragraphs 5, 6, 7, and 8: Rejected as subordinate and unnecessary details

and as constituting argument.

Paragraphs 9 and 10: Rejected as primarily constituting arguments rather

than proposed facts.

Paragraph 11: Accepted in substance with some unnecessary details

omitted.

Paragraph 12: Rejected as primarily constituting arguments rather

than proposed facts.

Paragraph 13: Accepted in substance.

Paragraph 14: Rejected as constituting subordinate and unnecessary details

and arguments.

Paragraphs 15, 16, and 17: Accepted in substance with some unnecessary

details omitted.

Findings proposed by Intervenor:

All of the findings proposed by the Intervenor are accepted.

Copies furnished:

Jeffrey S. Gerow, Esquire

Drexel Building, Suite 101

5554 North Federal Highway

Fort Lauderdale, Florida 33308

Mr. Gary Mishoe

Century Utilities, Inc.

Post Office Box 170569

West Palm Beach, Florida 33417-4384

James R. Frier, Staff Counsel

Florida Public Service Commission

101 East Gaines Street

Tallahassee, Florida 32399-0863

David Swafford

Executive Director

Public Service Commission

Room 116

101 East Gaines Street

Tallahassee, Florida 32399-0850

Susan Clark

General Counsel

Public Service Commission

Room 212

101 East Gaines Street

Tallahassee, Florida 32399-0850

Steve Tribble

Director of Records and Recording

Public Service Commission

Room 116

101 East Gaines Street

Tallahassee, Florida 32399-0850