To update and clarify the rule concerning filing requirements to provide more clarity of the rule requirements and to improve administrative efficiency. Docket No. 20200193-PU

 

PUBLIC SERVICE COMMISSION

RULE NORULE TITLE

25-6.043  Investor-Owned Electric Utility Minimum Filing Requirements; Commission Designee

PURPOSE AND EFFECT: To update and clarify the rule concerning filing requirements to provide more clarity of the rule requirements and to improve administrative efficiency.

Docket No. 20200193-PU

SUMMARY: The rule is amended to update and clarify rule requirements; the number of paper copies required to be filed by electric utilities in rate cases is decreased; certain requirements for e-filing documents are updated; and the Commission designee is changed to the Director of the office of primary responsibility for the rate filing.

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 120.541(2), FS, and concluded that the rule amendment will not have an adverse impact on economic growth, business competitiveness, or small business, and there would be no transactional costs likely to be incurred by individuals and entities (including local government entities) required to comply with the requirements of the rules. The SERC concluded that the proposed rules will result in administrative efficiency and in cost reductions that will be beneficial to utilities and their customers.

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: 350.127(2), 366.05(1), (2), 366.06(1) FS

LAW IMPLEMENTED: 366.04(2)(f), 366.06(1)-(4), 366.071 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: Kathryn G.W. Cowdery, Office of General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:  [TYPE AND STRIKE VERSION]

 

25-6.043 Investor-Owned Electric Utility Petition for Rate Increase Minimum Filing Requirements; Commission Designee.

(1) General Filing Instructions.

(a) The petition under Sections 366.06 and 366.071, F.S., for adjustment of rates and must include or be accompanied by:

1. The information required by Commission Form PSC 1026 (12/20) PSC/AFD/011-E (2/04), entitled “Minimum Filing Requirements for Investor-Owned Electric Utilities,” which is incorporated into this rule by reference, and is available at [hyperlink]. The form may be obtained from the Commission’s Division of Accounting and Finance. This form is also available on the Commission’s website, www.floridapsc.com.

2. No change.

3. Prepared Copies of prepared direct testimony and exhibits for each witness testifying on behalf of the utility Company. Each witness’s prefiled testimony and exhibits shall be on numbered pages and all exhibits shall be attached to the witness’s testimony.

(b) In compiling the required schedules, a utility must company shall follow the policies, procedures and guidelines prescribed by the Commission in relevant rules and in the utility’s company’s last rate case or in a more recent rate case involving a comparable utility. These schedules shall be identified appropriately (e.g., Schedule B-1 would be designated Company Schedule B-1 – Company basis).

(c) Each schedule must shall be cross-referenced to identify related schedules as either supporting schedules or recap schedules. If a schedule requires certain information, a utility may on that schedule reference a different schedule that provides that same information.

(d) The dimensions of each page, regardless of format, must be 8 ½ by 11 inches, and each page must be numbered. Each page of the filing shall be numbered on 8 1/2 × 11-inch paper. Each witness’ prefiled testimony and exhibits shall be on numbered pages and all exhibits shall be attached to the proponent’s testimony.

(e) Except for handwritten official company records, all data in the petition, testimony, exhibits and minimum filing requirements must shall be typed.

(f) Each schedule must shall indicate the name of the witness responsible for its presentation.

(g) All schedules involving investment data must shall be completed on an average investment basis. Unless a specific schedule requests otherwise, average is defined as the average of 13 monthly balances.

(h) The petition and information required by Subsection (1) of this rule must be e-filed by the utility Twenty-one copies of the filing, consisting of the petition and its supporting attachments, testimony, and exhibits, shall be filed with the Office of Commission Clerk. Ten paper copies of the filing, clearly labeled “COPY,” and Commission Form PSC 1026 (12/20) in Microsoft Excel format with formulas intact and unlocked, must be provided to the Office of Commission Clerk within seven calendar days of the electronic filing. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by e-mail.

(i) Any proposed Whenever the company proposes any corrections, updates or other changes to the original filing must be e-filed by the utility originally filed data, 21 copies shall be filed with the Office of Commission Clerk., Ten paper copies of the proposed corrections, updates or other changes, clearly labeled “COPY,” and any schedules in Commission Form PSC 1026 (12/20) that have been changed  must be provided to the Office of Commission Clerk within seven calendar days of the electronic filing. Any schedules in Commission Form PSC 1026 (12/20) that have been changed must be provided in Microsoft Excel format with formulas intact and unlocked. Excel files may be provided in media such as a USB flash drive, CD, or DVD, but may not be submitted by e-mail. On the same day as the e-filing, the utility must serve an electronic copy of the filing on each party. with copies also served on all parties at the same time.

(2) The Director of the division that has been assigned primary responsibility for the filing is Commission Designee: Division of Accounting and Finance-shall be the designee of the Commission designee for purposes of determining whether the utility has met the minimum filing requirements imposed by this rule. In making this determination, the Director shall consider whether information that would have been provided in a particular schedule required by this rule has been provided to the same degree of detail in another required schedule that the utility incorporates by reference.

Rulemaking Authority 350.127(2),366.05(1), (2), 366.06(1), (3) FS. Law Implemented 366.04(2)(f), 366.06(1), (2), (3), (4), 366.071 FS. History–New 5-27-81, Formerly 25-6.43, Amended 7-5-90, 1-31-00, 2-12-04, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Cheryl Bulecza-Banks

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 1, 2020
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Volume 46, Number 171, September 1, 2020.