Item Q7C ounty of M onroe
{f `° "
rel
BOARD OF COUNTY COMMISSIONERS
After August 2018
ratencrease
Base facility charge
n
Mayor David Rice, District 4
The FlOnda Key
y
m
1
��
Mayor Pro Tem Sylvia J. Murphy, District 5
Gal char e
$15.48
Danny L. Kolhage, District 1
Total
1 $33.29
George Neugent, District 2
$79.46
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Number: Q.7
Agenda Item Summary #4565
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
No
AGENDA ITEM WORDING: Report on K W Resort Utilities Corp. rate case (PSC Docket No.
170141 -SU).
ITEM BACKGROUND: In 2015, KW Resort Utilities Corp. filed an application for a 98% rate
increase, Public Service Commission (PSC) Docket No. 150071 -SU. Monroe County intervened
and actively litigated as a customer. After a 3 -day hearing in Key West, the PSC issued a final order
on March 13, 2017 awarding an increase of approximately 59% in rates. The utility filed a motion
for reconsideration, which was denied on June 22, 2017.
Even prior to the issuance of that order, on June 6, 2017, K W Resort Utilities Corp. (KWRU) filed a
letter with the PSC (Docket No. 170141 -SU), initiating a new rate litigation. In this case, the utility
asked for another, across - the -board increase of a further 59.25 %. On July 19, 2017 (item N -4), the
Board of County Commissioners authorized the County Attorney's Office to intervene in this rate
litigation as well, which was done. Another 3 -day hearing was held in Key West in May 2018,
before a new three - Commissioner panel of the Public Service Commission. On July 26, 2018, a
memorandum issued by PSC staff recommends a 50% increase (virtually across - the - board, in all
ratepaying customer categories).
The PSC will vote on the staff recommendation at its August 7, 2018 meeting in Tallahassee.
To put this in perspective, for an average (4,000 gallons /month) customer, this will result in a rate
that is 2.38 times (or +138 %) what the customer was paying a year ago in June 2017, if the staff
recommendation is approved:
Before .Tune 2017 rate
increase
After June 2017 rate
increase
After August 2018
ratencrease
Base facility charge
$17.81
$31.86
$47.78
$ /1,000 gals
$3.87
$5.28
$7.92
Gal char e
$15.48
$21.12
$31.68
Total
1 $33.29
1 $52.98
$79.46
% increase vs. +59% +138%
original
PREVIOUS RELEVANT BOCC ACTION: July 2017, authority to intervene.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
F.S. 367.171
Monthly wastewater rates
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
WE
REVIEWED BY:
Cynthia Hall
Completed
Bob Shillinger
Completed
Budget and Finance
Completed
Maria Slavik
Completed
07/30/2018 1:19 PM
07/30/2018 2:50 PM
07/30/2018 2:57 PM
07/30/2018 3:11 PM
Kathy Peters Completed 07/30/2018 3:15 PM
Board of County Commissioners Pending 08/15/2018 9:00 AM
367.171 Effectiveness of this chapter. —
(1) The provisions of this chapter shall become effective in a county of this state upon the
adoption of a resolution by the board of county commissioners of such county, or, in
counties operating under a countywide charter, by the appropriate board, declaring that
such county is subject to the provisions of this chapter. Any board of county commissioners
which adopts such a resolution shall immediately notify the commission of its adoption and
submit the resolution to the commission. A county, after 10 continuous years under the
jurisdiction of the commission, may by resolution or ordinance rescind any prior resolution
or ordinance imposing commission jurisdiction and thereby exclude itself from the provisions
of this chapter, except that the county may not exclude itself from the provisions of this
section.
(2)(a) Within 30 days after this chapter becomes applicable to a county, each utility shall
register by filing with the commission a written statement setting forth the full legal name of
the utility, its mailing address, and a brief description of its service area.
(b) On the day this chapter becomes applicable to any county, any utility engaged in the
operation or construction of a system shall be entitled to receive a certificate for the area
served by such utility on the day this chapter becomes applicable to it. Within 90 days after
the day this chapter becomes applicable to it, the utility shall make application for a
certificate by filing with the commission:
1. A map of its existing system or system under construction;
2. A description of the area served by the system; and
3. A tariff listing all rates and charges and such other financial information as may be
required by the commission.
Such application shall be accompanied by a fee as provided by s. 367.145 If a utility fails to
register with the commission within the prescribed time, the commission may require that
the utility apply for an original certificate of authorization in accordance with s. 367.045
(c) Before the commission issues a certificate of authorization under paragraph (b), it may
establish the amount of money prudently invested in property of the utility, which property
is used and useful in the public service; may establish other elements of the rate base; and
may set and approve rates pursuant to s. 367.031
(3) In consideration of the variance of powers, duties, responsibilities, population, and size
of municipalities of the several counties and in consideration of the fact that every county
varies from every other county and thereby affects the functions, duties, and responsibilities
required of its county officers and the scope of responsibilities which each county may, at
this time, undertake, the Counties of Alachua, Baker, Bradford, Calhoun, Charlotte, Collier,
Dixie, Escambia, Flagler, Gadsden, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando,
Hillsborough, Holmes, Indian River, Jefferson, Lafayette, Leon, Liberty, Madison, Manatee,
Miami -Dade, Okaloosa, Okeechobee, Polk, St. Lucie, Santa Rosa, Sarasota, Suwannee,
Taylor, Union, Wakulla, and Walton are excluded from the provisions of this chapter until
such time as the board of county commissioners of any such county, acting pursuant to the
provisions of subsection (1), makes this chapter applicable to such county or until the
Legislature, by appropriate act, removes one or more of such counties from this exclusion.
(4) As of the day a utility is no longer regulated by the commission under this chapter,
each such utility which is engaged in the operation or construction of a system shall be
entitled to receive from the county in which it is located and operating a certificate of
authorization for each area for which such utility held a certificate of authorization from the
commission on the day the utility became subject to regulation by the county. The utility
will make application by filing with the governing body of the county:
(a) A map of its existing system or system under construction;
(b) A certified copy of the certificate of authorization issued by the commission, including a
legal description of the service area for which the certificate of authorization was issued;
(c) A tariff, listing all rates and charges then in effect, which shall remain in effect until
thereafter lawfully changed;
(d) A copy of the operating regulations and procedures of the utility then in effect, which
shall remain in effect until thereafter lawfully changed; and
(e) The then - current rate base of the utility, which shall then continue to be the rate base
of the utility until thereafter lawfully changed.
(5) When a utility becomes subject to regulation by a county, all cases in which the utility
is a party then pending before the commission, or in any court by appeal from any order of
the commission, shall remain within the jurisdiction of the commission or court until
disposed of in accordance with the law in effect on the day such case was filed by any party
with the commission or initiated by the commission, whether or not the parties or the
subject of any such case relates to a utility in a county wherein this chapter no longer
applies.
(6) Any county in which utilities as herein defined were regulated by the commission on or
after January 1, 1980, which subsequently cease to be so regulated, shall, within 90 days of
the cessation of commission regulation, adopt and follow as minimum standards of
regulation the provisions of s. 367.081 except for paragraph (4)(a), and s. 367.082 except
that the word "commission" shall be read as "the governing body of such county" when the
context implies or admits. The authorized rate of return shall be no less than the weighted
cost of the capital of the utility, including debt and equity.
(7) Notwithstanding anything in this section to the contrary, the commission shall have
exclusive jurisdiction over all utility systems whose service transverses county boundaries,
whether the counties involved are jurisdictional or nonjurisdictional, except for utility
systems that are subject to, and remain subject to, interlocal utility agreements in effect as
of January 1, 1991, that create a single governmental authority to regulate the utility
systems whose service transverses county boundaries, provided that no such interlocal
agreement shall divest commission jurisdiction over such systems, any portion of which
provides service within a county that is subject to commission jurisdiction under this
section.
(8) Each county which is excluded from the provisions of this chapter shall regulate the
rates of all utilities in that county which would otherwise be subject to regulation by the
commission pursuant to s. 367.081 (2), (3), and (6). The county shall not regulate the
rates or charges of any system or facility which would otherwise be exempt from
commission regulation pursuant to s. 367.022 For this purpose the county or its agency
shall proceed as though the county or agency is the commission.
History. —s. 1, ch. 71 -278; s. 1, ch. 73 -193; s. 3, ch. 76 -168; s. 1, ch. 77 -457; ss. 22, 25,
26, ch. 80 -99; ss. 2, 3, ch. 81 -318; ss. 12, 15, ch. 82 -25; s. 4, ch. 85 -85; ss. 23, 26, 27,
ch. 89 -353; s. 6, ch. 90 -166; s. 1, ch. 90 -350; s. 4, ch. 91 -429; s. 11, ch. 96 -202; s. 1, ch.
97 -24; s. 13, ch. 2000 -350; s. 1, ch. 2001 -145; s. 74, ch. 2008 -4.
Docket No. 20170141 -SU
59.26%
Schedule No. 4
$126.84
59.25%
Date: July 26, 2018
$253.69
59.25%
$405.90
-140-
$811.79
59.25%
K W Resort Utilities Corp. Test Year Ended June 30,
59.25%
Schedule No. 4 Docket No. 20170141 -SU
2017 Monthly Wastewater Rates
59.25%
$4,058.96
59.25%
Rates Prior to Filing
Utility Requested % Increase, Staff
% Increase of
Four Year Rate
50.00%
(Approved June 2017)
Final Utility Requested Recommended
Staff
Reduction
from Rates Prior Rates
Recommended
to Filing
Rates from Rates
Prior to Filing
Residential Service
Base Facility Charge All Meter Sizes
$31.86
$50.74 59.26% $47.78
49.97%
$1.40
Charge per 1,000 gallons
$5.28
$8.41 59.28% $7.92
50.00%
$0.23
10,000 gallon cap
General Service
Base Facility Charge by Meter Size
5/8" x 3/4"
1"
1 -1/2"
8"
8" Turbo
Charge per 1,000 gallons
Harbor Shores
Base Facility Charge (69 ERCs)
Charge per 1,000 gallons
690,000 gallon cap
Private Lift Station Owners
$31.86
$79.65
$159.30
$254.88
$509.76
$796.50
$1,593.00
$2,548.80
$2,867.40
$6.33
$2,198.34
$5.28
$25.49
$63.72
$127.44
$203.90
$407.81
$637.20
$1,274.40
$2,039.04
$50.74
59.26%
$126.84
59.25%
$253.69
59.25%
$405.90
59.25%
$811.79
59.25%
$1,268.43
59.25%
$2,536.85
59.25%
$4,058.96
59.25%
$4,566.33
59.25%
$10.08 59.24%
$3,500.86 59.25%
$8.41 59.28%
$40.59
59.24%
$101.47
59.24%
$202.95
59.25%
$324.71
59.25%
$649.44
59.25%
$1,014.74
59.25%
$2,029.48
59.25%
$3,247.17
59.25%
$47.78
49.97%
$119.45
49.97%
$238.90
49.97%
$382.24
49.97%
$764.48
49.97%
$1,194.50
49.97%
$2,389.00
49.97%
$3,822.40
49.97%
$4,300.20
49.97%
$9.49 49.92%
$3,296.82 49.97%
$7.92 50.00%
$38.22
49.94%
$95.56
49.97%
$191.12
49.97%
$305.79
49.97%
$611.58
49.97%
$955.60
49.97%
$1,911.20
49.97%
$3,057.92
49.97%
$9.49
49.92%
$2.01
50.00%
$1.40
$3.50
$7.00
$11.20
$22.40
$35.00
$70.00
$112.00
$126.00
5/8" x 3/4"
1"
1 -1/2"
8"
Charge per 1,000 gallons
Reuse Service
Charge per 1,000 gallons
Tvoical Residential 5/8'
$6.33
$1.34
$10.08 59.24%
$2.13 58.96%
4,000 Gallons $52.98 $84.38 59.27%
6,000 Gallons $63.54 $101.20 59.27%
8,000 Gallons $74.10 $118.02 59.27%
10.000 Gallons $84.66 $134.84 59.27%
$79.46 49.98%
$95.30 49.98%
$111.14 49.99%
$126.98 49.99%
$0.28
$96.27
$0.23
$1.12
$2.80
$5.60
$8.96
$17.92
$28.00
$56.00
$89.60
$0.28
$0.06