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Florida Administrative Code (Last Updated: July 17, 2024) |
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25. Public Service Commission |
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D25. Departmental |
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25-30. Water And Wastewater Utility Rules |
1(1) A utility shall provide notice of its application in the manner and to the entities described in this 20rule when it applies for any of the following:
29(a) An original certificate of authorization and initial rates and charges as provided in Rule 4425-30.033, 45F.A.C.;
46(b) An original certificate of authorization for existing utility currently charging for service as provided in Rule 6325-30.034, 64F.A.C.;
65(c) An extension of service area as provided in subsection 7525-30.036(2) 76or (3), F.A.C.;
79(d) A deletion of service area as provided in subsection 8925-30.036(4), 90F.A.C.;
91(e) A transfer of a regulated utility to another regulated utility as provided in subsection 10625-30.037(2), 107F.A.C.;
108(f) A transfer of an exempt entity 115to a regulated utility or transfer of a utility in a nonjurisdictional county 128to a regulated utility as provided in subsection 13625-30.037(3), 137F.A.C.;
138(g) A transfer of majority organizational control of a regulated utility as provided in subsection 15325-30.037(4), 154F.A.C.; or
156(h) A transfer of a regulated utility to an exempt entity 167other than a governmental authority a173s provided in subsection 17725-30.037(5), 178F.A.C.
179(2) 180After filing an application as described in subsection (1) above, and b192efore providing notice in accordance with this section, a utility shall obtain from the Commission staff a list of the names and addresses of the 217governing body of the county(ies) or municipality(ies) affected, 225the 226appropriate 227regional planning council, the Office of Public Counsel, the Commission’s Office of Commission Clerk, the appropriate regional office of the Department of Environmental Protection, the appropriate water management district, and privately-owned water and wastewater utilities that hold a certificate granted by the Commission and that are located within the county in which the utility or the territory proposed to be served is located. If any portion of the proposed territory is within one mile of a county boundary, the list 307shall include 309the names and addresses of the privately-owned utilities located in the bordering county and holding a certificate granted by the Commission.
330(3) The notice shall be 335titled, as applicable338:
339(a) Notice of Application for 344Original 345Certificate of Authorization 348and Initial Rates and Charges 353for Water, Wastewater, or Water and Wastewater Service;
361(b) Notice of Application for Original Certificate of Authorization for Existing Utility Currently Charging for Water, Wastewater, or Water and Wastewater Service;
383(c) Notice of Application for 388Amendment to Certificate of Authorization To Extend 395Service Area;
397(d) Notice of Application for 402Amendment to Certificate of Authorization To Delete 409Service Area;
411(e) Notice of Application for 416Authority to 418Transfer Water, Wastewater, or Water and Wastewater Certificate(s) 426of Authorization to Another Regulated Utility;
432(f) Notice of Application for Authority to Transfer an Exempt Entity 443to a Regulated Utility or Transfer of a Utility in a Non-jurisdictional County 456To a Regulated Utility That Results in a System Whose Service Transverses County Boundaries;
470(g) Notice of Application for 475Authority to 477Transfer Majority Organizational Control 481of a Regulated Utility; 485or
486(h) Notice of Application for Authority to Transfer a Regulated Utility to an Exempt Entity Other than a Governmental Authority.
506(4) The 508Notice of Application 511shall 512be provided to the Office of Commission Clerk, for Commission staff approval prior to distribution and shall state 530the following:
532(a) The date the notice is given;
539(b) The name, address, 543telephone number, 545and, if available, 548email address, and fax number 553of the applicant;
556(c) The common name of developments served by the utility;
566(d) The application docket number and title, 573if available;
575(e) The common reference of street names bordering the area served by the utility, 589if applicable;
591(f) A description of the service area proposed to be served, 602extended, 603deleted, or transferred 606as provided by Rule 61025-30.029, 611F.A.C. An abbreviated description using section, township, and range of the subject service area may be provided so long as the notice contains a disclosure that the legal description has been simplified and that a complete legal description can be obtained from the applicant;
655(g) 656If applicable, the notice shall include 662a statement that the utility is not requesting any changes to its rates, classifications, charges, rules, and regulations in the application; and,
684(h) A statement that any objections to the application must be filed with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, no later than 30 days after the last date that the notice was mailed or published.
725(5) The utility shall provide notice 731of the service area proposed to be served, extended, deleted, or transferred as follows745:
746(a) 747By regular mail to the 752governmental entities and utilities identified on the list described in subsection (2) above;
765(b) By regular mail or personal service to each customer 775and owner of property located 780within the existing service area and the service area to be served, extended, deleted or transferred; and,
797(c) 798By publication 800in a newspaper of general circulation in the 808proposed service area. If the utility service area crosses county lines, notice shall be published in a newspaper of general circulation in each county.
832(6) 833All applications requiring noticing shall be deemed deficient until affidavits of noticing 845required by Sections 848367.045(1)(e) 849and (2)(f), F.S., 852along with a copy of the notice, are filed 861with the Office of Commission Clerk867. The affidavits shall attest that the notices were given as prescribed in paragraphs 881(5)(882a), (b), 884and 885(c) above. The applicant shall obtain the affidavit of notice publication, pursuant to paragraph 899(5)900(c) above, from the newspaper(s).
905(7) 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 shall provide written notice of the date, time, location, and purpose of the customer meeting to all customers within the affected service areas. The notice shall be approved by the Commission staff prior to distribution. The notice shall be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.
988(8) This rule does not apply to applications for certificates 998following rescission of jurisdiction by counties 1004filed under Section 1007367.171, F.S.; 1009transfers to governmental authorities filed under Section 1016367.071, F.S.; 1018or 1019abandonments filed under Section 1023367.165, F.S1025.
1026Rulemaking Authority 1028350.127(2), 1029367.045(2), 1030367.121(1) FS. 1032Law Implemented 1034367.031, 1035367.045, 1036367.071 FS. 1038History–New 4-5-81, Formerly 25-10.061, 25-10.0061, Amended 11-10-86, 1-27-91, 11-30-93, 1-4-16.