25-30.110. Records and Reports; Annual Reports

(1) Records.

(a) Each utility must preserve its records in accordance with the “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities” as issued by the National Association of Regulatory Utility Commissioners, as revised October 2007, which is incorporated by reference into this rule. “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities” is copyrighted and may be inspected and examined at no cost at the Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. A copy may be obtained from the National Association of Regulatory Utility Commissioners, 1101 Vermont Avenue, N.W., Suite 200, Washington, D.C. 20005.

1. Those utilities that choose to convert documents from their original media form must retain the original source documents as required by paragraph (1)(a) of this rule, for a minimum of three years, or for any lesser period of time specified for that type of record in the “Regulations to Govern the Preservation of Records of Electric, Gas and Water Utilities,” after the date the document was created or received by the utility. This paragraph does not require the utility to create paper copies of documents where the utility would not otherwise do so in the ordinary course of its business. Upon a showing by a utility that it employs a storage and retrieval system that consistently produces clear, readable copies that are substantially equivalent to the originals, and clearly reproduces handwritten notations on documents, the utility does not have to meet the requirement to retain documents in their original form.

2. The utility must maintain written procedures governing the conversion of source documents to a storage and retrieval system, which procedures ensure the authenticity of documents and the completeness of records. Records maintained in the storage and retrieval system must be easy to search and easy to read.

(b) Unless otherwise authorized by the Commission, each utility must maintain its records at the office or offices of the utility within this state and must keep those records open for inspection during business hours by Commission staff.

(c) Any utility that keeps its records outside the state must reimburse the Commission for the reasonable travel expense incurred by each Commission representative during any review of the out-of-state records of the utility or its affiliates. Reasonable travel expenses are those travel expenses that are equivalent to travel expenses paid by the Commission in the ordinary course of its business.

1. The utility must remit reimbursement for out-of-state travel expenses within 30 days from the date the Commission mails the invoice.

2. The reimbursement requirement in paragraph (1)(c) is not applicable for the following:

a. A utility that makes its out-of-state records available at the utility’s office located in Florida or at another mutually agreed upon location in Florida within 10 working days from the Commission’s initial request. If 10 working days is not reasonable because of the complexity and nature of the issues involved or the volume and type of material requested, the Commission will establish a different time frame for the utility to bring records into the state. For individual data requests made during an audit, the response time frame established in Rule 25-30.145, F.A.C., will control; or

b. A utility whose records are located within 50 miles of the Florida state line.

(2) In General. Each utility must furnish to the Commission the results of any required tests and summaries of any required records. The utility must also furnish the Commission with any information concerning the utility’s facilities or operation that the Commission requests and requires for determining rates or judging the practices of the utility. All such data, unless otherwise specified, must be consistent with and reconcilable with the utility’s annual report to the Commission.

(3) Annual Reports: Filing Extensions. Each utility must file with the Commission annual reports on the applicable form in subsection (4) of this rule. The obligation to file an annual report for any year will apply to any utility which is subject to this Commission’s jurisdiction as of December 31 of that year, whether or not the utility has actually applied for or been issued a certificate.

(a) The Commission will, by January 15 of each year, email a blank copy of the appropriate annual report form to each utility company. A utility may request a hard copy of the forms in subsection (4) of this rule from the Commission’s Division of Accounting and Finance. The failure of a utility to receive a report form will not excuse the utility from its obligation to timely file the annual report. The annual reports must be filed with the Commission, either by mail or by email, on or before March 31 for the preceding year ending December 31. Annual reports filed by email must be sent to [e-mail]. Annual reports filed by mail must be sent to the Commission’s Division of Accounting and Finance in Tallahassee.

(b) Annual reports are considered filed if they are properly addressed and emailed or mailed with sufficient postage and postmarked, by no later than the due date. For annual reports sent by registered mail, the date of the registration is the postmark date. For annual reports sent by certified mail, the date on the receipt is the postmark date. The postmark is evidence that an annual report was delivered. However, if a utility’s annual report is not actually received by the Commission’s Division of Accounting and Finance in Tallahassee, that utility must resend it upon request, despite any prior presumption of delivery.

(c) A utility may file a written request for an extension of time to file its annual report with the Commission’s Division of Accounting and Finance no later than March 31. One extension of 30 days will be automatically granted upon request. A request for a longer extension must be accompanied by a statement of good cause, such as financial hardship, severe illness, or significant weather events such as hurricanes, but good cause does not include reasons such as management oversight or vacation time, and must specify the date by which the report will be filed.

(4) Annual Reports; Contents. The appropriate annual report form required from each utility will be determined by using the same three classes of utilities used by the National Association of Regulatory Utility Commissioners for publishing its system of accounts: Class A (those having annual water or wastewater operating revenues of $1,000,000 or more); Class B (those having annual water or wastewater revenues of $200,000, or more but less than $1,000,000); Class C (those having annual water or wastewater revenues of less than $200,000). The class to which a utility belongs will be determined by using the higher of the average of its annual water or wastewater operating revenues for each of the last three preceding years.

(a) Class A and B utilities must file the annual report on Commission Form PSC-1032 (5/22), entitled “Class A or B Water and/or Wastewater Utilities (Gross Revenues of $200,000 and more),” which is incorporated by reference into this rule and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-15172.

(b) Class C utilities must file the annual report on Commission Form PSC 1033 (5/22), entitled “Class C Water and/or Wastewater Utilities (Gross Revenues of less than $200,000 each),” which is incorporated by reference into this rule and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-15174.

(c) The foregoing forms can be obtained from the Commission’s Division of Accounting and Finance.

(5) As part of the annual report, each utility must verify the following in writing by the utility’s chief executive officer and chief financial officer:

(a) Whether the utility is in substantial compliance with the Uniform System of Accounts as prescribed by Rule 25-30.115, F.A.C.;

(b) Whether the utility is in substantial compliance with all applicable rules and orders of the Florida Public Service Commission;

(c) Whether there have been any written communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices that could have a material effect on the financial statements;

(d) Whether the financial statements and related schedules fairly present the financial condition and results of operations for the period presented and whether other information and statements presented as to the business affairs of the respondent are true, correct, and complete for the period which they represent.

(6) Delinquent Reports.

(a) Any utility that fails to file its annual report or extension on or before March 31, or within the time specified by any extension approved in writing by the Commission’s Division of Accounting and Finance, will be subject to a penalty. The penalty will be based on the number of calendar days elapsed from March 31, or from an approved extended filing date, until the date of filing. The date of filing will be included in the days elapsed.

(b) The penalty for delinquent reports will accrue based on the utility’s classification established under subsection (4) of this rule, in the following manner for each day the report is delinquent:

1. $25.00 per day for Class A utilities;

2. $13.50 per day for Class B utilities; and,

3. $3.00 per day for Class C utilities.

(c) If a utility does not timely file its annual report, in addition to the penalty determined by paragraph (6)(b) of this rule, interest on the penalty will also be assessed from the date the annual report was due, up to and including the date the penalty is paid. Such interest is based on the AA non-financial 30-day commercial paper rate published by the Board of Governors of the Federal Reserve System on its website. Interest will be compounded monthly.

(7) Incomplete Reports.

(a) The Commission’s Division of Accounting and Finance will provide written notification to a utility if its report does not contain information required by subsection (4) of this rule. The utility must file the missing information no later than 30 days after the date on the face of the notification. If the utility fails to file the information within that period, the report will be deemed delinquent and the utility will be subject to a penalty as provided under paragraphs (6)(a) and (b) of this rule, except that the penalty will be based on the number of days elapsed from the date the information is due to the date it is actually filed. The date of filing will be included in the elapsed days.

(b) A report is incomplete if any of the schedules required by the following forms of this rule are not completed:

1. Form PSC 1032 (5/22) for Class A and B utilities;

2. Form PSC 1033 (5/22) for Class C utilities.

(c) An incomplete report will remain incomplete until the missing information is filed with the Commission’s Division of Accounting and Finance on the appropriate Commission form.

(8) Incorrect Filing. If a utility files an incorrect annual report it will be considered delinquent and subject to a penalty on the same basis as a utility that fails to timely file an annual report. The classification determining the applicable penalty, as prescribed by paragraphs (6)(a) and (b) of this rule, will be determined by the latest annual revenue figures available for the utility. The failure of a utility to receive a report form for the correct class of utility will not excuse the utility from its obligation to timely file the annual report for the correct class of utility.

Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.121, 367.156(1), 367.161 FS. History–New 9-12-74, Amended 1-18-83, 2-25-85, 10-27-85, Formerly 25-10.25, 25-10.025, Amended 11-10-86, 12-22-86, 3-11-91, 11-13-95, 5-1-96, 12-14-99, 2-15-23.