FLORIDA PUBLIC SERVICE COMMISSION

COMMISSION CONFERENCE AGENDA

CONFERENCE DATE AND TIME:  Thursday, August 27, 2015, 9:30 a.m.

LOCATION:  Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148

DATE ISSUED:  August 13, 2015

 

NOTICE

Persons affected by Commission action on certain items on this agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at this conference. These items are designated by double asterisks (**) next to the agenda item number.

To participate informally, affected persons need only appear at the agenda conference and request the opportunity to address the Commission on an item listed on agenda.  Informal participation is not permitted:  (1) on dispositive motions and motions for reconsideration; (2) when a recommended order is taken up by the Commission; (3) in a rulemaking proceeding after the record has been closed; or (4) when the Commission considers a post-hearing recommendation on the merits of a case after the close of the record.  The Commission allows informal participation at its discretion in certain types of cases (such as declaratory statements and interim rate orders) in which an order is issued based on a given set of facts without hearing.

See Rule 25-22.0021, F.A.C., concerning Agenda Conference participation and Rule 25-22.0022, F.A.C., concerning oral argument.

Agendas, staff recommendations, and vote sheets are available from the PSC Web site, http://www.floridapsc.com, by selecting Conferences & Meeting Agendas and Commission Conferences of the FPSC.  Once filed, a verbatim transcript of the Commission Conference will be available from this page by selecting the conference date, or by selecting Clerk's Office and the Item's docket number, (you can then advance to the Docket Details page and the Document Filings Index for that particular docket).  An official vote of "move staff" denotes that the Item's recommendations were approved.  If you have any questions, contact the Office of Commission Clerk at (850) 413-6770 or e-mail the clerk at Clerk@psc.state.fl.us.

In accordance with the American with Disabilities Act, persons needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no later than five days prior to the conference at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, via 1-800-955-8770 (Voice) or 1-800-955-8771 (TDD), Florida Relay Service.  Assistive Listening Devices are available at the Office of Commission Clerk, Gerald L. Gunter Building, Room 152.

The Commission Conference has a live video broadcast the day of the conference, which is available from the PSC’s Web site.  Upon completion of the conference, the video will be available from the Web site by selecting Conferences & Meeting Agendas, then Audio and Video Event Coverage.


1**................. Consent Agenda. 1

2..................... Docket No. 140107-PU – Petition for declaratory statement regarding discovery in dockets or proceedings affecting rates or cost of service processed with the Commission's proposed agency action procedure. 2

3..................... Docket No. 150001-EI – Fuel and purchased power cost recovery clause with generating performance incentive factor. 3

4**PAA......... Docket No. 150142-EU – Petition by WISCAN, LLC for waiver of Rule 25-6.049(5), Florida Administrative Code. 4

5**PAA......... Docket No. 150158-TX – Initiation of show cause proceedings against Sun-Tel USA, Inc. for apparent violation of Section 364.335(2), F.S., (Application for Certificate of Authority), Section 364.183(1), F.S., (Access to Company Records), Rule 25-4.0665(20), F.A.C., (Lifeline Service), and Rule 25-4.0051, F.A.C., (Current Certificate Holder Information). 5

6**PAA......... Docket No. 150153-TP – 2016 State certification §54.313 and §54.314, annual reporting requirements for high-cost recipients, and certification of support for eligible telecommunications carriers. 8

7**PAA......... Docket No. 150165-TX – Request for relinquishment of eligible telecommunications carrier (ETC) designation in Florida, by FLATEL, Inc. 10

8**................. Docket No. 150071-SU – Application for increase in wastewater rates in Monroe County by K W Resort Utilities Corp. 11

9**PAA......... Docket No. 150108-EQ – Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. 12

10**............... Docket No. 150116-GU – Petition for approval of safety, access, and facility enhancement program and associated cost recovery methodology, by Florida City Gas. 13

11**............... Docket No. 150147-EG – Petition for approval of phased final closure of residential load management program, by Tampa Electric Company. 14

 


   1**                           Consent Agenda

PAA                            A)  Application for Certificate of Authority to Provide Telecommunications Service.

DOCKET NO.

COMPANY NAME

150152-TX

Goff Network Technologies – Florida, Inc.

150146-TX

Quo Call LLC

 

 

 

PAA                            B)  Request for approval of transfer of ownership of Wonderlink Communications, LLC, holder of CLEC Certificate No. 8808, from Jessica Duncan to Brian Artigas. .

DOCKET NO.

COMPANY NAME

150167‑TX

WonderLink Communications, LLC

 

 

Recommendation:  The Commission should approve the action requested in the dockets referenced above and close these dockets.

 


   2                               Docket No. 140107-PU – Petition for declaratory statement regarding discovery in dockets or proceedings affecting rates or cost of service processed with the Commission's proposed agency action procedure.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Brown

Staff:

GCL:   Cowdery

AFD:   Maurey

 

(Parties may participate at the Commission's discretion.)

Issue 1: 

 Should the Commission grant OPC’s Petition for Declaratory Statement?

Recommendation: 

 Yes, the Commission should grant the Petition for Declaratory Statement and declare that the Office of Public Counsel has the authority under Section 350.0611(1), F.S., to utilize discovery, pursuant to Fla. R. Civ. Pro. 1.280 – 1.390 in any proceeding affecting rates or cost of service processed using the proposed agency action procedures of Sections 366.06(4) and 367.081(8), F.S. 

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes, this docket should be closed.

 

 


   3                               Docket No. 150001-EI – Fuel and purchased power cost recovery clause with generating performance incentive factor.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Graham

Staff:

GCL:   Brownless

AFD:   Barrett, Lester

 

(Participation at discretion of Commission.)

Issue 1:  Should OPC’s Request for Oral Argument on Office of Public Counsel’s Motion to Include Disputed Issues of Material Fact be granted?

Recommendation:   Yes.

Issue 2: 

 Should OPC’s Motion to Include Disputed Issues of Material Fact be granted?

Recommendation: 

 No.

Issue 3: 

 Should this docket be closed?

Recommendation: 

 No, this docket should remain open until all proceedings are concluded.

 

 


   4**PAA                   Docket No. 150142-EU – Petition by WISCAN, LLC for waiver of Rule 25-6.049(5), Florida Administrative Code.

Critical Date(s):

9/8/15 - 90-day Rule Waiver Deadline

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

GCL:   Gervasi

ECO:   Draper, Rome

 

Issue 1: 

 Should the Commission grant Wiscan's petition for waiver of Rule 25-6.049(5), F.A.C., and for waiver of DEF’s Tariff, Section IV, Sheet 4.032 (3rd revised), § 3.02?

Recommendation: 

 No, Wiscan’s petition for waiver of Rule 25-6.049(5), F.A.C., should be denied because it does not meet the requirements of section 120.542, F.S., and the Commission should decline to rule on a request to waive a tariff provision that mirrors a Commission rule absent a ruling on a request for waiver of the rule itself.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes, if no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket should be closed upon issuance of a consummating order.

 

 


   5**PAA                   Docket No. 150158-TX – Initiation of show cause proceedings against Sun-Tel USA, Inc. for apparent violation of Section 364.335(2), F.S., (Application for Certificate of Authority), Section 364.183(1), F.S., (Access to Company Records), Rule 25-4.0665(20), F.A.C., (Lifeline Service), and Rule 25-4.0051, F.A.C., (Current Certificate Holder Information).

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

GCL:   Corbari, Ames

TEL:    Casey

 

Issue 1: 

 Should the Commission order Sun-Tel to show cause in writing within 21 days of the date of the order why it should not be penalized $2,000 or its Certificate No. 7126 and ETC designation should not be cancelled for apparent violations of Section 364.335(2), and Section 364.183(1), F.S., and Rules 25-4.0665 (20), and 25-4.0051, F.A.C.?

Recommendation: 

 Yes. The Commission should order Sun-Tel to show cause in writing within 21 days of the issuance of the Commission Order why it should not be penalized $2,000 or its Certificate No. 7126 and ETC designation cancelled for apparent violations of Section 364.335(2), and 364.183(1), F.S., and Rules 25-4.0665 (20), and 25-4.0051, F.A.C. Specifically, staff recommends that Sun-Tel be directed to pay a penalty of $2,000, update the Company’s Corporate Registration with the Florida Secretary of State, and update company contact information with the Commission Clerk in order to maintain its CLEC certificate.  In order to maintain Sun-Tel’s ETC designation, staff recommends that Sun-Tel should complete the above requirements for its CLEC certificate, provide the required Lifeline quarterly data from the fourth quarter 2014 through the second quarter 2015, and provide proof that it has the ability to offer the services that are supported by federal universal service support mechanisms either using its own facilities or a combination of its own facilities and resale of another carrier's services.

Sun-Tel USA, Inc.=s response must contain specific allegations of fact or law. If Sun-Tel USA, Inc. fails to respond to the show cause order or request a hearing pursuant to Section 120.57, F.S., within 21 days and/or remit the penalty, the facts should be deemed admitted and the company’s certificate No. 7126 and ETC designation should be cancelled. If a penalty is assessed and paid by the company, the Commission will remit the penalty to the State of Florida General Revenue Fund, pursuant to Section 364.285, F.S.

Further, staff recommends that if the company responds to the show cause order by remitting the penalty, updating the company’s Corporate Registration with the Florida Secretary of State, submitting the required Lifeline quarterly data, and providing proof that it has the ability to offer the services that are supported by federal universal service support mechanisms either using its own facilities or a combination of its own facilities and resale of another carrier's services, this show cause matter will be considered resolved, and the docket closed.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 No. If Issue 1 is approved, then Sun-Tel will have 21 days, from the issuance of the Order to Show Cause, to respond in writing why it should not be assessed a penalty or have its certificate and ETC designation canceled. If Sun-Tel timely responds, in writing, to the Order to Show Cause, updates the company’s Corporate Registration with the Florida Secretary of State, updates its Company contact information with the Commission Clerk, files the required Lifeline quarterly data, provides proof that it has the ability to offer the services that are supported by federal universal service support mechanisms either using its own facilities or a combination of its own facilities and resale of another carrier's services, and timely pays the assessed penalty of $2,000, the penalty should be deposited in the Florida General Revenue Fund, pursuant to Section 364.285(1), Florida Statutes, and the docket closed administratively. 

If Issue 1 is approved and Sun-Tel fails to timely respond to the Order to Show Cause or request a hearing, fails to update the company’s Corporate Registration with the Florida Secretary of State, fails to update its Company contact information with the Commission Clerk, fails to file the required Lifeline quarterly data, fails to provide proof that it has the ability to offer the services that are supported by federal universal service support mechanisms either using its own facilities or a combination of its own facilities and resale of another carrier's services, or fails to timely pay the assessed penalty of $2,000, then Sun-Tel=s Certificate No. 7126 and ETC designation should be canceled and the docket closed administratively.

 

 


   6**PAA                   Docket No. 150153-TP – 2016 State certification §54.313 and §54.314, annual reporting requirements for high-cost recipients, and certification of support for eligible telecommunications carriers.

Critical Date(s):

10/01/15 (Filing deadline with Federal Communications Commission and Universal Service Administrative Company.)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

TEL:    Fogleman, Long

GCL:   Tan

 

(Proposed Agency Action except for Issue No. 1.)

Issue 1: 

 Should the FPSC certify to the FCC and to the USAC, by letter from the Chairman and through USAC’s online portal, that BellSouth Telecommunications, LLC d/b/a AT&T Florida; Embarq Florida, Inc. d/b/a CenturyLink; Frontier Communications of the South, LLC; GTC, Inc. d/b/a FairPoint Communications; Knology of Florida, Inc. d/b/a WOW! Internet, Cable, and Phone; Verizon Florida LLC; and Windstream Florida, Inc. are eligible to receive federal high-cost support, and have used the federal high-cost support in the preceding calendar year, and will use the federal high-cost support they receive in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended?

Recommendation: 

 Yes.  Staff recommends that the FPSC should certify to the FCC and to the USAC, by letter from the Chairman, that BellSouth Telecommunications, LLC d/b/a AT&T Florida; Embarq Florida, Inc. d/b/a CenturyLink; Frontier Communications of the South, LLC; GTC, Inc. d/b/a FairPoint Communications; Knology of Florida, Inc. d/b/a WOW! Internet, Cable, and Phone; Verizon Florida LLC; and Windstream Florida, Inc. are eligible to receive federal high-cost support, and have used the federal high-cost support in the preceding calendar year, and will use the federal high-cost support they receive in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended.

Issue 2: 

 Should the FPSC certify to the FCC and to the USAC, by letter from the Chairman and through USAC’s online portal, that ITS Telecommunications Systems, Inc.; Northeast Florida Telephone Company d/b/a NEFCOM; Quincy Telephone Company d/b/a TDS Telecom/Quincy Telephone; and Smart City Telecommunications, LLC d/b/a Smart City Telecom are eligible to receive federal high-cost support, and have used the federal high-cost support in the preceding calendar year, and will use the federal high-cost support they receive in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended?

Recommendation: 

 Yes.  Staff recommends that the FPSC should certify to the FCC and to the USAC, by letter from the Chairman, that ITS Telecommunications Systems, Inc.; Northeast Florida Telephone Company d/b/a NEFCOM; Quincy Telephone Company d/b/a TDS Telecom/Quincy Telephone; and Smart City Telecommunications, LLC d/b/a Smart City Telecom are eligible to receive federal high-cost support, and have used the federal high-cost support in the preceding calendar year, and will use the federal high-cost support they receive in the coming calendar year only for the provision, maintenance, and upgrading of facilities and services for which the support is intended.

Issue 3: 

 Should this docket be closed?

Recommendation: 

 Yes. If no person whose substantial interests are affected by the proposed agency action (in issue 2 only) files a protest within 21 days of the issuance of the order, this docket should be closed upon the issuance of a consummating order.

 

 


   7**PAA                   Docket No. 150165-TX – Request for relinquishment of eligible telecommunications carrier (ETC) designation in Florida, by FLATEL, Inc.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

TEL:    Casey, Salak

GCL:   Ames

 

Issue 1: 

 Should the Commission grant FLATEL’s request for relinquishment of its ETC designation in AT&T’s and Verizon’s  non-rural service areas in Florida without prejudice?

Recommendation: 

 Yes, the Commission should grant FLATEL’s request for relinquishment of its ETC designation in AT&T’s and Verizon’s non-rural service areas in Florida without prejudice.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket should be closed upon the issuance of a consummating order.

 

 


   8**                           Docket No. 150071-SU – Application for increase in wastewater rates in Monroe County by K W Resort Utilities Corp.

Critical Date(s):

08/30/15 (60-Day Suspension Date)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Patronis

Staff:

AFD:   Monroe, Norris

ECO:   Thompson

ENG:   Hill, King

GCL:   Barrera

 

Issue 1: 

 Should the utility's proposed final wastewater rates be suspended?

Recommendation: 

 Yes. K W Resort's proposed final wastewater rates should be suspended.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 No. The docket should remain open pending the Commission's PAA decision on the utility's requested rate increase.

 

 


   9**PAA                   Docket No. 150108-EQ – Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company.

Critical Date(s):

None

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

ENG:   Matthews

GCL:   Tan

 

Issue 1: 

 Should the Commission approve the revised standard offer contract filed by Florida Power and Light Company?

Recommendation: 

 Yes. The provisions of the revised standard offer contract and related rate schedule QS-2 conform to all requirements of Rules 25-17.200 through 25-17.310, F.A.C. The revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Staff recommends that the revised standard offer contract and related rate schedule QS-2 submitted by FPL be approved as filed.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes. This docket should be closed upon issuance of a consummating order, unless a person whose substantial interests are affected by the Commission’s decision files a protest within 21 days of the issuance of the Commission’s proposed agency action order. Potential signatories should be aware that, if a timely protest is filed, FPL’s standard offer contract may subsequently be revised.

 

 


10**                           Docket No. 150116-GU – Petition for approval of safety, access, and facility enhancement program and associated cost recovery methodology, by Florida City Gas.

Critical Date(s):

12/07/15 (8-Month Effective Date)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

ECO:   Ollila

AFD:   Mouring

ENG:   Moses

GCL:   Villafrate

 

Issue 1: 

 Should the Commission approve City Gas's proposed SAFE program?

Recommendation: 

 Yes. The Commission should approve City Gas’s proposed SAFE program and associated tariff using an annual surcharge adjustment mechanism to be implemented January 1, 2016. City Gas should be directed to file its annual SAFE petition on September 1 of each year, starting in 2016.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 No. If a protest is filed within 21 days of the issuance of the order, this tariff should remain in effect, with any revenues held subject to refund, pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order.

 

 


11**                           Docket No. 150147-EG – Petition for approval of phased final closure of residential load management program, by Tampa Electric Company.

Critical Date(s):

01/20/16 (8-month Effective Date)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

ECO:   Draper, Rome

ENG:   Graves

GCL:   Villafrate

 

Issue 1: 

 Should the Commission approve TECO's petition for the phased closure of the company's Prime Time program?

Recommendation:

  Yes, the Commission should approve TECO’s phased closure of the Prime Time program. TECO’s phased closure of Prime Time should begin on the date on which the final order issued in this docket becomes effective. Within 10 days subsequent to the completion of the removal of all remaining customers from the Prime Time program, TECO should file cancellations of Tariff Sheets 3.110, 3.111, and 3.112 for administrative approval by staff.

Issue 2: 

 Should this docket be closed?

Recommendation: No. If a protest is filed within 21 days of the issuance of the order, the Prime Time tariff should remain in effect for all existing Prime Time customers pending resolution of the protest. If no timely protest is filed, this docket should be closed upon the issuance of a consummating order.