Order No. PSC-2026-0208-NOR-OT•Florida Public Service Commission native order document 03357-2026
Florida Public Service Commission native order document 03357-2026
Order No. PSC-2026-0208-NOR-OTFlapubserv
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FILED 6/5/2026 DOCUMENT NO. 03357-2026 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Proposed amendment of Rules 25-6.003, Definitions; 25-30.255, Measurement of Service for Water Utilities; and 25-30.434, FAC, Application for Allowance for Funds Prudently Invested (AFPI) Charges; and proposed repeal of Rules 25-9.020, Front Cover; 25-9.060, Front Cover; 25-9.071, Back Cover; and 25-30.010, F.A.C., Rules for General Application_ DOCKET NO. 20260040-OT ORDER NO. PSC-2026-0208-NOR-OT ISSUED: June 5, 2026 The following Commissioners participated in the disposition of this matter: GABRIELLA PASSIDOMO SMITH, Chairman GARY F. CLARK MIKE LA ROSA BOBBY PAYNE ANA ORTEGA NOTICE OF PROPOSED RULES BY THE COMMISSION: NOTICE is hereby given that pursuant to Section 120.54, Florida Statutes, the Florida Public Service Commission, has proposed the amendment of the following Rules: 25-6.003 Accounting Standards Rules 25-30.255 Measurement of Service for Water Utilities 25-30.434 Application for Allowance for Funds Prudently Invested (AFPI) Charges and repeal the following Rules: 25-9.020 25-9.060 25-9.071 25-30.010 Front Cover Front Cover Back Cover Rules for General Application The attached Notices of Proposed Rule appeared in the June 5, 2026, edition (Vol. 52, Number 109, of the Florida Administrative Register.
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 2 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 regarding 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 Boulevard., Tallahassee, FL 32399-0862, no later than June 26, 2026. By ORDER of the Florida Public Service Commission this 5th day of June, 2026 . ADAM TEIVZMyi Commission Cleric Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com SS Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons.
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 3 Notice of Proposed Rule PUBLIC SERVICE COMMISSION RULE NO.: RULE TITLE: 25-6.003 Definitions PURPOSE AND EFFECT: To update and clarify the rule following the statutory rule review mandated by Section 120.5435, F.S. Docket No.: 20260040-OT SUMMARY: The amendments to Rule 25-6.003, F.A.C., delete reference to materials incorporated by reference that are no longer relevant, and update and clarify the rule language. 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 can be viewed in its entirety on the Commission’s website at https://www.floridapsc.com/pscfiles/library/filings/2026/03298-2026/03298-2026.pdf. The SERC examined the factors required by Section 120.541(2), F.S., and concluded that the proposed rule will not likely increase regulatory costs, including any transactional costs or have an adverse impact on business competitiveness, productivity, or innovation in excess of $1 million in the aggregate within five years of implementation. The proposed rule would have no impact on small business, would have no implementation cost to the Commission or other state and local government entities, and would have no impact on small cities or counties. 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: 366.05(1), F.S. LAW IMPLEMENTED: 366.05(1), 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, Office of General Counsel, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399- 0850, (850)413-6630, susan.sapoznikoff@psc.state.fl.us THE FULL TEXT OF THE PROPOSED RULE IS: 25-6.003 Definitions.
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 4 (1) Definitions of general applicability. The definitions of terms used in this chapter shall be stated in the Authoritative Dictionary of IEEE Standard Terms, 7th edition, published in December 2000, incorporated herein by reference, except to the extent and for the purposes that the terms are defined elsewhere in this chapter. The definitions in subsection (2) shall be used for all purposes in this chapter. (2) Definitions of terms. (1)(a) “Commission.” Unless a different intent clearly appears from the context, the word “Commission” means shall be construed to mean the Florida Public Service Commission. (2)(b) No change. (3)(c) “Meter.” The word “meter,” when used in these rules without other qualification, means shall be construed to mean any device used for the purpose of measuring the service rendered to a customer by a utility. (4)(d) No change. (5)(e) No change. (6)(f) No change. (7)(g) No change. (8)(h) “Utility.” Unless a different intent clearly appears from the context, the word or words “utility” or “electric utility” as used in these rules has shall have the same meaning as set out for “public utility” as defined in Section 366.02, F.S., and includes shall include all such utilities subject to Commission jurisdiction. Rulemaking Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History–New 7-29-69, Amended 4-13-80, Formerly 25-6.03, Amended 12-4-03, . NAME OF PERSON ORIGINATING PROPOSED RULE: Laura King NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 02, 2026 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 24, 2026 (Volume 52, Number 57)
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 5 Notice of Proposed Rule PUBLIC SERVICE COMMISSION RULE NOS.: RULE TITLES: 25-9.020 Front Cover 25-9.060 Front Cover 25-9.071 Back Cover PURPOSE AND EFFECT: To repeal rules determined to be unnecessary following the statutory rule review mandated by Section 120.5435, Florida Statutes. Docket No.: 20260040-OT SUMMARY: These rules are being repealed because they are unnecessary or repetitive of other rules. 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 can be viewed in its entirety on the Commission’s website at https://www.floridapsc.com/document-detail?documentNumber=03298-2026. The SERC examined the factors required by Section 120.541(2), F.S., and concluded that the rule repeals will not likely increase regulatory costs, including any transactional costs or have an adverse impact on business competitiveness, productivity, or innovation in excess of $1 million in the aggregate within five years of implementation. The proposed repeals would have no impact on small business, would have no implementation cost to the Commission or other state and local government entities, and would have no impact on small cities or counties. 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), 367.121, F.S. LAW IMPLEMENTED: 366.04(2)(b), 366.05(1), 367.091, 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, Office of General Counsel, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399- 0850, (850)413-6630, susan.sapoznikoff@psc.state.fl.us. THE FULL TEXT OF THE PROPOSED RULE IS:
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 6 25-9.020 Front Cover. Rulemaking Authority 350.127(2), 366.05(1), 367.121 FS. Law Implemented 366.05(1), 367.091 FS. History–New 1-8-75, Formerly 25-9.20, Repealed . 25-9.060 Front Cover. Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.60, Repealed . 25-9.071 Back Cover. Rulemaking Authority 366.05(1) FS. Law Implemented 366.04(2)(b) FS. History–New 8-9-79, Formerly 25-9.71, Repealed . NAME OF PERSON ORIGINATING PROPOSED RULE: Corey Hampson NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2026 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 24, 2026 (Volume 52, Number 57)
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 7 Notice of Proposed Rule PUBLIC SERVICE COMMISSION RULE NOS.: RULE TITLES: 25-30.010 Rules for General Application 25-30.255 Measurement of Service for Water Utilities 25-30.434 Application for Allowance for Funds Prudently Invested (AFPI) Charges PURPOSE AND EFFECT: To update and clarify Rules 25-30.255 and 25-30.434, F.A.C., and to repeal Rule 25-30.010, F.A.C., following the statutory rule review mandated by Section 120.5435, F.S. Docket No.: 20260040-OT SUMMARY: Rule 25-30.010, F.A.C., is being repealed because it is unnecessary; it serves no purpose other than to be an introduction to the other rules in that section. The amendments to Rule 25-30.255, F.A.C., delete reference to materials incorporated by reference that are no longer relevant, and update and clarify the rule language. The amendments to Rule 25-30.434, F.A.C., substitute a new form, which is incorporated by reference, and which is necessary to reflect current practice and procedure. 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 can be viewed in its entirety on the Commission’s website at https://www.floridapsc.com/document-detail?documentNumber=03298-2026. The SERC examined the factors required by Section 120.541(2), F.S., and concluded that neither the proposed rules nor the proposed repeal will likely increase regulatory costs, including any transactional costs or have an adverse impact on business competitiveness, productivity, or innovation in excess of $1 million in the aggregate within five years of implementation. Neither the proposed rules nor the proposed repeal would have any impact on small business, would have no implementation cost to the Commission or other state and local government entities, and would have no impact on small cities or counties. 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 on the statements of estimated regulatory costs. 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), 367.121, F.S. LAW IMPLEMENTED: 367.081, 367.111, 367.121, F.S.
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 8 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, Office of General Counsel, 2540 Shumard Oak Boulevard, Tallahassee, FL 32399- 0850, (850)413-6630, susan.sapoznikoff@psc.state.fl.us. THE FULL TEXT OF THE PROPOSED RULE IS: 25-30.010 Rules for General Application. Rulemaking Authority 367.121 FS. Law Implemented 367.121 FS. History–New 2-3-70, Amended 9-12-74, Formerly 25-10.01, 25-10.001, Amended 1-31-00, Repealed . 25-30.255 Measurement of Service for Water Utilities. (1) Except as provided in subsection (2) of this rule, each utility must shall measure water sold upon the basis of metered volume sales unless the Commission approved flat rate service arrangements for that utility. (2) No change. (3) To measure service, each utility shall use meters which conform to the Standards for Cold Water Meters as adopted by the American Waterworks Association. Copies of these manuals and standards may be obtained from the American Waterworks Association, Publication Sales Department, 6666 West Quincy Avenue, Denver, Colorado 80235. Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.111 FS. History– New 9-12-74, Formerly 25-10.87, 25-10.087, Amended 11-10-86, . 25-30.434 Application for Allowance for Funds Prudently Invested (AFPI) Charges. (1) An Allowance for Funds Prudently Invested (AFPI) charge is a mechanism that which allows a utility the opportunity to earn a fair rate of return on prudently constructed plant held for future use from the future customers to be served by that plant in the form of a charge paid by those customers. (2) Each application for AFPI charges must shall comply with the notice requirements specified in Rule 25-30.4345, F.A.C. (3) Each application for AFPI charges must shall provide the following information. If any of the following items do not apply to the applicant, the applicant must shall state the reason it does not apply. (a) through (c) No change (d) The charge must shall be calculated for one equivalent residential connection (ERC) on a monthly basis up to the time the utility reaches the designed capacity of the plant for which the charge applies. The charges shall cease when the plant has reached its designed capacity or if the plant is abandoned or retired. Further, the AFPI charge ceases if the Commission subsequently approves a 100% used and useful for the associated plant. (e) No change.
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 9 (f) The dollar amount of the non-used and useful plant, and the accumulated depreciation, contributions-in-aid-of-construction (CIAC), the accumulated amortization of CIAC, and the methodology used to determine these amounts. The net of these four two amounts will shall be considered the cost of qualifying assets. Separate balances for plant, and for accumulated depreciation, CIAC, and accumulated amortization of CIAC must shall be reported for the water treatment plant, wastewater treatment plant, water transmission and distribution system and wastewater collection system. (g) through (h) No change. (i) The amount of depreciation expense, CIAC amortization expense, and composite depreciation rate related to the non-used and useful plant by system. (j) through (m) No change. (n) The test year to be used in the calculation, the month that the utility expects the charge to go into effect and the number of years the utility expects to collect the charge. Applicants must pProvide a detailed explanation of why the number of years to collect the charge represents a reasonable and prudent management decision in the construction of plant. (o) The workpapers and calculations used to develop the proposed AFPI charge. Commission Form PSC 1036 (06/26), entitled “Allowance for Funds Prudently Invested,” The utility can may obtain a diskette that outlines the required calculations calculation and is comprised of the following schedules to be used by calling or writing the Division of Accounting and Finance, (850) 413-6410. The required schedules that shall be submitted are “AFPI Filing Schedules:”, Commission Form PSC/AFD 26 (11/93), incorporated by reference into this rule, and are as follows: Schedule 1 – List of Information Imputed Into Calculation Schedule 2 – Calculation of Of Carrying Costs Per ERC Schedule 3 – Calculation of Of Carrying Costs Per ERC Per Year Schedule 4 – Calculation of Of Carrying Costs Per ERC Per Month PSC 1036 (06/26) is incorporated by reference and available at https://flrules.org/Gateway/reference.asp?No=Ref-19609. The form may be obtained on the Commission website at www.floridapsc.com. All calculations and schedules must be provided in Microsoft Excel format, with formulas intact and unlocked; must be provided via USB drive, CD, DVD, or other media; and may not be submitted by e-mail. from the Commission’s Division of Accounting and Finance, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. (p) No change. (4) The beginning date for accruing the AFPI charge must shall agree with the month following the end of the test year that was used to establish the amount of non-used and useful plant. If any connections have been made between the beginning date and the effective date of the charge, no AFPI will be collected from those connections. (5) through (6) No change. Rulemaking Authority 350.127(2), 367.121 FS. Law Implemented 367.081, 367.121 FS. History– New 11-30-93, Amended .
ORDER NO. PSC-2026-0208-NOR-OT DOCKET NO. 20260040-OT PAGE 10 NAME OF PERSON ORIGINATING PROPOSED RULE: Sonica Bruce NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Public Service Commission DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 2, 2026 DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 24, 2026. (Volume 52, Number 57)
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