Rule 25-22.028 would be repealed and Rule 28-106.104, Filing, would take its place. The Commission initially received a waiver from the Uniform Rules in order to keep Rule 25-22.028 in place because it contains differing filing requirements ...

 

PUBLIC SERVICE COMMISSION

RULE NO.:RULE TITLE:

25-22.028Filing, Number of Copies

PURPOSE AND EFFECT: Rule 25-22.028, F.A.C. would be repealed and Rule 28-106.104, Filing, would take its place. The Commission initially received a waiver from the Uniform Rules in order to keep Rule 25-22.028, F.A.C. in place because it contains differing filing requirements depending on the size of the utility making the filing. However, with the advent of electronic filing, the reasons for maintaining Rule 25-22.028, F.A.C. have become obsolete. Moreover, pursuant to Rule 28-101.001, F.A.C. the Commission’s electronic filing requirements will be outlined in the Commission’s Statement of Agency Organization and Operation.

Docket No. 150143-OT

SUMMARY: Among other things, Rule 25-22.028, F.A.C. requires filings on behalf of companies with gross annual operating revenues in excess of $750,000 to include a copy of the document on diskette, accompanied by a statement specifying the density of the diskette, the operating system and the software used. With the advent of electronic filing, these filing requirements have become obsolete. Therefore, the Commission no longer needs to maintain an exception from the Uniform Rules in order to keep Rule 25-22.028, F.A.C. in place. The Commission’s specific electronic filing requirements not contained in the Uniform Rules will be outlined in the Commission’s Statement of Agency Organization and Operation, pursuant to Rule 28-101.001, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.

The SERC examined the factors required by Section 20.541(2)(c), FS, and concluded that the rule repeal will not have an adverse impact on economic growth, business competitiveness, or small business.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: based upon the information contained in the SERC.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 350.01(7), 350.127(2) FS.

LAW IMPLEMENTED: 120.569, 120.57 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Rosanne Gervasi, Office of General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

25-22.028 Filing, Number of Copies.

Rulemaking Authority 350.01(7), 350.127(2) FS. Law Implemented 120.569, 120.57 FS. History–Formerly 25-2.58, Amended 12-21-81, Formerly 25-22.28, Amended 2-11-92, 5-3-99, Repealed                         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Carlotta Stauffer

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 21, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 15, 2015