Florida Public Service Commission native order document 02567-2023

FILED 4/6/2023
DOCUMENT NO. 02567-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Proposed amendment of Rule 25-30.455,
F .A.C., Staff Assistance in Rate Cases; Rule
25-30.456, F.A.C., Staff Assistance in
Alternate Rate Setting; and Rule 35-30.457,
DOCKET NO. 20230025-WS
ORDER NO. PSC-2023-0120-NOR-WS
ISSUED: April 6, 2023
F .A.C., Limited Alternative Rate Increase.
The following Commissioners participated in the dis po sition of this matter:
BY THE COMMISSION:
ANDREW GILES FAY, Chairman
ART GRAHAM
GARYF.CLARK
MIKE LAROSA
GABRIELLA P ASSIDOMO
NOTICE OF PROPOSED RULE
NOTICE is hereby given that the Florida Public Service Commission, pursuant to Section
120.54, Florida Statutes, has proposed the amendment of Rules 25-30.455, 25-30.456, and 25-
30.457, Florida Administrative Code, relating to staff assistance in ratemaking for water and
wastewater utilities.
The attached Notice of Proposed Rules appeared in the April 6, 2023, edition (Vol. 49,
Number 67) of the Florida Administrative Re gister.
If timely requested, a hearing will be held at a time and place to be announced in a future
notice.
Requests for hearing on the proposed rules, information re garding the statement of
estimated regulatory costs, or proposals for a lower cost regulatory alternative must be provided
in writing and received by the Office of Commission Clerk, Florida Public Service Commission,
2540 Shumard Oak Blvd., Tallahassee, FL 32399-0862, no later than April 27, 2023.

ORDER N O. PS C-20 23 -01 20-NOR-WS
DOCKET NO. 20230025-WS
PAGE2
By ORDER of the Florida Public Service Comm ission thi s 6th d ay of Apr il , 2023.
ss
Fl orida Public 	ervice Com mi ssion
2540 Shumard Oak Bo ul evard
Tallahassee, Florida 32399
(8 50) 41 3-6770
www.flor id apsc.com
Copies furnished: 	A copy of this docume nt is
provided to the pa rti es of re cord at th e tim e of
iss uan ce and, if appl icable, interested perso ns.

ORDER NO. PSC-2023-0120-NOR-WS
DOCKET NO. 20230025-WS
PAGE 3
Notice of Proposed Rule
PUBLIC SERVICE COMMISSION
SELECT A TYPE: Amendment
RULE NO: RULE TITLE:
25-30.455: Staff Assistance in Rate Cases
25-30.456: Staff Assistance in Alternative Rate Setting
25-30.457: Limited Alternative Rate Increase
PURPOSE AND EFFECT: To update and clarify the rules, and to reflect the adjustment to the gross annual revenue
level required by section 367.814(1), Florida Statutes.
Docket No. 20230025-WS
SUMMARY: The proposed amendments to Rules 25-30.455, 25-30.456, and 25-30.457 F.A.C., will increase the
gross annual revenue limit that determines eligibility for water and wastewater utilities to receive staff assistance
from $300,000 or less, to $335,000 or less, per system. Additionally, the proposed amendments to Rules 25-30.455,
and 25-30.456, F.A.C., will increase the total gross annual operating revenue threshold from $600,000 or less, to
$670,000 or less, on a combined basis.
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 amendments will not have an adverse impact on economic
growth, business competitiveness, or small business and that there would likely be transactional cost savings to the
individual and entities, including government entities, required to comply with the rule.
The agency has determined that the proposed rule is not expected to require legislative ratification based on the
statement of estimated regulatory costs based upon the information contained in the SERC.
Any person who wishes to provide information regarding the 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), 367.0814, 367.121 F.S.
LAW IMPLEMENTED: 367.0814 F.S.
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: Susan Sapoznikoff, Florida
Public Service Commission, Office of the General Counsel, 2540 Shumard Oak Blvd., Tallahassee, FL 32399-0850,
(850) 413-6630, Susan.Sapoznikoff@psc.state.fl.us.
THE FULL TEXT OF THE PROPOSED RULES:
25-30.455 Staff Assistance in Rate Cases.
(1) Water and wastewater utilities whose total gross annual operating revenues are $335,000 $300,000 or less
for water service or $335,000 $300,000 or less for wastewater service, or $670,000 $600,000 or less on a combined
basis, may file with the Office of Commission Clerk an application for staff assistance in rate applications by
submitting a completed staff assisted rate case application. Reasonable and prudent rate case expense is eligible for
recovery through the rates developed by staff. Recovery of attorney fees and outside consultant fees related to the
rate case is determined based on the requirements set forth in Section 367.0814(3), F.S. To be eligible for staff
assistance under this rule:
(a) through (c) No change.
(2) through (13) No change.
Rulemaking Authority 350.127(2), 367.0814, 367.121 FS. Law Implemented 367.0814 FS. History–New 12-8-80, Formerly 25-
10.180, Amended 11-10-86, 8-26-91, 11-30-93, 1-31-00, 12-16-08, 8-10-14, 2-19-17, 7-1-18, 12-8-21, ________.
25-30.456 Staff Assistance in Alternative Rate Setting.
(1) As an alternative to a staff assisted rate case as described in Rule 25-30.455, F.A.C., water and wastewater

ORDER NO. PSC-2023-0120-NOR-WS
DOCKET NO. 20230025-WS
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utilities whose total gross annual operating revenues are $335,000 $300,000 or less for water service or $335,000
$300,000 or less for wastewater service, or $670,000 $600,000 or less on a combined basis, may file with the Office
of Commission Clerk an application for staff assistance in alternative rate setting by submitting a completed staff
assisted application for alternative rate setting. To be eligible for staff assistance under this rule:
(a) through (c) No change.
(2) through (18) No change.
Rulemaking Authority 350.127(2), 367.0814, 367.121 FS. Law Implemented 367.0814 FS. History–New 11-30-93, Amended 1-
31-00, 12-16-08, 8-10-14, 7-1-18, 12-8-21, ________.
25-30.457 Limited Alternative Rate Increase.
(1) As an alternative to a staff assisted rate case as described in Rule 25-30.455, F.A.C., or to staff assistance in
alternative rate setting as described in Rule 25-30.456, F.A.C., water utilities whose total gross annual operating
revenues are $335,000 $300,000 or less for water service and wastewater utilities whose total gross annual operating
revenues are $335,000 $300,000 or less for wastewater service may file with the Office of Commission Clerk an
application for a limited alternative rate increase of up to 20 percent applied to metered or flat recurring rates of all
classes of service.
(2) through (10) No change.
Rulemaking Authority 350.127(2), 367.0814, 367.121 FS. Law Implemented 367.0814 FS. History–New 3-15-05, Amended 12-
16-08, 8-10-14, 7-1-18, 6-2-20, ________.
NAME OF PERSON ORIGINATING PROPOSED RULE: Curt Mouring
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 4, 2023
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: Volume 49, Number 13;
January 20, 2023.