25-30.4445. Notice of Application for Utility Reserve Fund

(1) This rule applies to all petitions to create a utility reserve fund filed by a water or wastewater utility that are filed as a stand-alone application. Petitions that are filed in conjunction with another rate proceeding filed pursuant to Section 367.081(2)(a), 367.0814, or 367.0822, F.S., shall comply with the noticing requirements set forth in Rule 25-22.0407 or 25-30.446, F.A.C., as applicable.

(2) Upon filing a petition to create a utility reserve fund, the utility shall mail a copy of the petition to the chief executive officer of the governing body of each municipality and county within the service areas included in the rate request. Each copy of the petition shall be accompanied by a statement that a copy of the utility reserve fund minimum filing requirements (MFRs) set forth in Rule 25-30.444, F.A.C., when accepted by the Commission, can be obtained from the petitioner upon request.

(3) Within 30 days after the official date of the filing established by the Commission, the utility shall place a copy of the petition and MFRs at its official headquarters and at all business offices it has in the service areas included in the request. Such copies shall be available for public inspection during the utility’s regular business hours. If the utility does not have a business office in a service area included in its petition, the utility shall make other arrangements to provide public access to the petition and MFRs. Acceptable public access options are: placing a copy of the petition and MFRs at the main county library, the local community center, or other appropriate location which is within or most convenient to the service area and which is willing to accept and provide public access to the copies; providing customers with information about how to access the petition and MFRs in the utility’s docket file on the Commission’s website; or providing a printed or electronic copy of the petition and MFRs to any customer who requests access to a copy.

(4)(a) Within 50 days after the official date of filing established by the Commission, the utility shall provide, in writing, an initial customer notice to all customers within the service areas included in the utility reserve fund request and to all persons in the same service areas who have filed a written request for service or who have been provided a written estimate for service within the 12 calendar months prior to the month the request is filed. If a utility that qualifies for staff assistance under subsection 25-30.455(1), F.A.C., requests assistance with the utility reserve fund process and a customer meeting is scheduled, the initial customer notice may be combined with the customer meeting notice and provided in accordance with subsection (5), instead of 50 days after the official filing date established by the Commission.

(b) The initial customer notice must be approved by Commission staff prior to distribution and shall include the following:

1. The date the notice is to be issued,

2. A statement that the utility has filed a utility reserve fund request with the Commission and a statement of the general reasons for the request,

3. A statement of the location(s) where a copy of the petition and MFRs are available for public inspection and the hours and days when inspection may be made, or instructions on how to obtain a copy if the utility has made alternate public access arrangements as referenced in subsection (3), above,

4. A comparison of current utility reserve fund surcharge, if applicable, and the proposed new utility reserve fund surcharge,

5. The utility’s address, telephone number, and business hours,

6. A statement that written comments regarding utility service or the proposed utility reserve fund rates and charges should be addressed to the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and that such comments should identify the docket number assigned to the proceeding,

7. A statement that complaints regarding service may be made to the Commission’s Office of Consumer Assistance and Outreach at the following toll-free number: 1(800)342-3552; and,

8. The docket number assigned by the Commission’s Office of Commission Clerk.

(c) The initial customer notice shall be mailed to the out-of-town address of all customers who have provided the utility with an out-of-town address.

(5) 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 service areas designated by the Commission staff. The notice must be approved by 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.

(6) If a proposed agency action order issued in the case is protested and any hearings are subsequently held, the utility shall give notice no less than 14 days and no more than 30 days prior to the date of each hearing held in or near a utility service area included in the utility reserve fund request. No less than 14 days and no more than 30 days prior to the hearing, the utility shall have published in a newspaper of general circulation in the area in which such hearing is to be held a display advertisement stating the date, time, location, and purpose of the hearing. These notices must be approved by Commission staff prior to publication.

(7) After the Commission issues an order granting or denying a utility reserve fund request, the utility shall notify its customers of the order and any revised rates. The customer notification must first be approved by Commission staff and shall be distributed no later than with the first bill containing any revised rates.

Rulemaking Authority 350.127(2), 367.081(2)(c), 367.121 FS. Law Implemented 367.081(2)(c), 367.091 FS. History–New 6-20-17.