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Item N3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: _12/9/2015 Department: County Attorney! Bulk Item: Yes _ X No Staff Contact /Phone #: Cynthia Hall, (305) 292-3470 _ AGENDA ITEM WORDING: Approval to initiate litigation by fling a petition to intervene in the Public Service Commission application by Key West Resort Utilities (KWRU) for an increase in wastewater rates in Monroe County, Docket No. 150071-SU. ITEM BACKGROUND: On June 30, 2015, KWRU filed an application for an increase in wastewater rates with the Florida Public Service Commission. A copy of documents filed in the case can be found at htt ://www. sc.state.fl.us/dockets/cros/docketdetaiIs2.as x?docket--150071. A customer meeting will be held on December 10, 2015 at 6 pm at Old City Hall in Key West. An initial order on the rate application will be issued by March 21, 2016. Thereafter, parties have the right to protest the proposed order until April 11, 2016, after which a final order will issue. The application seeks approximately a 98% increase in rates. Rates were last increased in 2009. A preliminary analysis based on FYI invoices from KWRU to the County shows that the amount of the annual increase to the County would be approximately $198K based on usage in FY15. Staff is recommending intervention based on the effect of the proposed rate increase on the County as a ratepayer, and also on the County as a representative of affected citizens. PREVIOUS RELEVANT BOCC ACTION: None. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval. TOTAL COST: TBD INDIRECT COST: DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes X No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year h' Y g g APPROVED BY: County Attorney OMB/Purchasin Risk Management AS DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 6r 15 BEFORE THE PUBLIC SERVICE COMMISSION DFITML CUSTOMER NOTICE TO THE CUSTOMERS OF K W RESORT UTILITIES CORP. AND ALL OTHER INTERESTED PERSONS RE: DOCKET NO.150071-SU APPLICATION FOR INCREASE IN WASTEWATER RATES IN MONROE COUNTY BY K W RESORT UTILITIES CORP. DATED: October 29, 2015 Receveci I K W Resort Utilities Corp. (the `Utility") is a wastewater utility whose corporate offices are located at 6630 Front Street, Key West Florida 33040. The Utility's wastewater facilities are located in Monroe County, Florida. On July 1, 2015, the Utility flied an application with the Florida Public Service Commission (the "Commission") for an Increase in iti wastewater rates to its customers in Monroe County based an an historical test year ending December 31, 2014. The application Is assigned Docket No.1SO071-SU and September 22, 2015 was established as the official date of Kling. The Utility is requesting a rate increase because the existing rates do not provide sufficient revenues to cover the required expenses of operations on a going forward basis and an opportunity to earn a fair return on the Utility's investment in used and useful property for the public use. The rate of return on equity requested in this proceeding is 9.36%. The overall rate of return requested is 8.02%. The Company's last rate proceeding before the Commission was in Docket No. 070293-SU, utilizing a test year ending December 31, 2006, which culminated in Order No. PSC 09-00S7-FOF-SU dated January 27, 2009. The Utility has incurred substantial additional operating costs and capital investment AD of the Information on file at the Commission is open to the public and is available for review at the Commission offices in Tallahassee and on its website: . The MFRs filed by the Utility are also available for inspection at the following locations: Monroe County Public Library Hours: 700 Fleming Street Monday - Tuesday: 9:30 am. to 6:00 p.m. Key West, FL 33040 Thursday - Friday— 9:30 a.m. to 6:00 p.m. Wednesday: 9:30 am. to 8:00 p.m. Saturday: 10:00.am. to 6:00 p.m. Sunday: CIOR- d K W Resort Utilities Corp. Office Hours: 6630 Front Street Monday through Friday Key West, FL 33040 7:30 a.m. to 4:30 p.m. The test period for setting rates Is the historical average thirteen -month period ended December 31, 2014. The current wastewater rates and the Utility's requested final wastewater rates are set forth at the end of this notice. The flnalwastewater rates are subject to change based on Information gathered at the customer meeting, further Staff review, and the final decision by the Commissioners. The Utility is not requesting any changes to its service availability charges. Even though not requested to do so, the Commission may review and adjust service availability charges. The following tentative schedule was established by the Commission for the remaining major events in the Utility's rate case (a customer meeting will be scheduled and you will be provided with a separate notice of its date, time and location): &&edule Item Pue Date Staff Audit Report 10/16/2015 Utility's Response to Audit 10/30/2015 Customer Meeting 12/10/2015 Staffs Recommendation on PAA 02/18/2016 Agenda Conference on PAA Rates 03/01/2016 PAA Order Issued 03/21 /2016 Protest Period Expires 04/11/2016 Consummating Order Entered 04114/2016 E Any person who wishes to comment or provide information to Commission staff may do so at the meetings, either orally or in writing. Other written comments regarding the Utility and the proposed rates, or requests to be placed an the mailing list for this case. may be directed to this address: Florida Public Service Commission Director. Office of Commission Clerk 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0870 A courtesy copy of written comments and complaints may be mailed/emailed to the following; Martin S. Friedman, Esquire Friedman & Friedman, P.A. 766 North Sun Drive, Suite 4030 Lake Mary, Florida 32746 All correspondence should refer to "Uoeket No.150071-SU, K W Resort Utilities Corp. -- Yaw letter will placed in the correspondence file of this docket. You may also submit comments through the Florida Public Service Commission's toll -free facsimile line at 1-800- 511-0809, the Commission's e-mail at contactOpscstate.fLus, or the Commission's Website available at If you wish to contact the Florida Public Service Commission regarding complaints about service, you may call the Commission's Division of Consumer Assistance and Outreach at the followings toll -free number 1-800.342-3552. This notice was prepared by the Utility and approved by Commission staff for distribution by the Utility to its customers. Ifyou have any questions, please call the Utility's office at (305) 295-3301. K W Resort Utilities Corp. 0 R f cftndal Service Su jkw WWI ROMMUd Anal Rain Base FacHlty Charp all Meter Stu $17.61 $35.26 Charge per 1,000 plbm $3.87 $7.66 10.000 pkn cap General Service Base Fadllty Charge by Meter Size 5/8" x 3/4 " $17.81 $35.26 1• $44.53 $88.17 1.5" $89.05 $176.32 Y $142.47 $282.09 3' $284.95 $564.20 4" $445.24 $8B158 6' $890.49 $3,763.17 on $1,602.96 $3,173.66 r Turbo $2,048.10 $4,055.24 Charp per 1,000 pitons $4.64 $9.i9 fimbimWater Charge per 1,000 p1lom $0.68 $L35 WNWE [S-mog larpsvAmmlngpool $IOS 35 S20&59 Swimmin Pool 331.31 igg Loads cheme per1.000 PROm $4.64 $9.19 Minlmum Charge 1195 000 liars— 20 ERCs 0 250 Vd, 31 da S719.20 $ 424,02