STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PASQUALE MORRONE, )

)

Petitioner, )

vs. ) CASE NO. 90-0407

) CENTURY UTILITIES, INC., )

)

Respondent, )

and )

)

FLORIDA PUBLIC SERVICE )

COMMISSION, )

)

Intervenor. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on May 22, 1990, at West Palm Beach, Florida, before Michael M. Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings.

Appearances for the parties at the hearing were as follows:

APPEARANCES

For Petitioner: Jeffrey S. Gerow, Esquire

Drexel Building, Suite 101 5554 North Federal Highway Fort Lauderdale, Florida 33308

For Respondent: Mr. Gary Mishoe

Century Utilities, Inc. Post Office Box 170569

West Palm Beach, Florida 33417-4384

For Intervenor: James R. Frier, Staff Counsel

Florida Public Service Commission

101 East Gaines Street Tallahassee, Florida 32399-0863

STATEMENT OF THE ISSUES

The issue in this case is whether the Petitioner's water bill in the amount of $795.14 for the period of December 3, 1988, to January 7, 1989, should be reduced to his customary monthly bill of approximately $12.00.

PRELIMINARY STATEMENT

At the formal hearing in this case the Petitioner testified on his own behalf and presented the testimony of two other witnesses. The Petitioner also offered eight exhibits. The Respondent presented the testimony of one witness and the parties stipulated regarding the testimony of another of the

Respondent's witnesses. The Respondent also offered eleven exhibits. The Intervenor did not present any witnesses, but did offer one exhibit. At the conclusion of the hearing the parties requested and were granted twenty days from the filing of the transcript within which to file their proposed recommended orders.

The transcript of the hearing was filed with the Hearing Officer on June 4, 1990, and all parties were advised by memorandum that the deadline for their respective proposed recommended orders was June 25, 1990. All parties filed timely proposed recommended orders containing proposed findings of fact and conclusions of law. All proposed findings of fact are specifically addressed in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Mr. Pasquale Morrone owns an apartment in the Century Village complex in West Palm Beach, Florida, and is a customer of Century Utilities, Inc., a water utility whose certificated territory includes Century Village. Mr. Morrone's normal monthly water bill is approximately $12.00. For the service period of December 3, 1988, to January 7, 1989, Mr. Morrone received an abnormally high water bill in the amount of $795.14, representing 322,750 gallons of use. During the service period of December 3, 1988, to January 7, 1989, neither Mr. Morrone nor anyone else was in his Century Village apartment.

   
   

2. As a result of Mr. Morrone's complaint about the high bill, his water meter was removed and tested. The tests revealed that the meter performed within the accuracy standards prescribed by the Florida Public Service Commission in Rule 25- 30.262, Florida Administrative Code. The water meter at Mr. Morrone's apartment accurately measured the water passing through the meter during the subject billing period. There was no error in reading the meter at Mr. Morrone's apartment. The meter at Mr. Morrone's apartment did not "skip" to a higher number, or otherwise malfunction. In view of the manner in which water meters are designed, water meters cannot register a flow of water unless a flow is actually going through the meter.

   
   

3. The large amount of water passing through the meter at Mr. Morrone's apartment during the subject billing period was caused by the flapper valve on Mr. Morrone's toilet remaining open. Mr. Morrone did not shut off the water supply to the toilet in his Century Village apartment before leaving the apartment in November of 1988, even though it is often his practice to do so. The large amount of water usage during the subject billing period was not caused by a leak in the pipes.

   
   

4. If a toilet flapper valve malfunctions and remains open during a one- month period it is possible for more than 322,750 gallons of water to flow through the toilet tank. If a flapper valve malfunctions and remains open, it is also possible for the flapper valve to eventually fall shut and stop the flow of water.

   
   

5. Century Utilities, Inc., has an established policy for dealing with complaints about high water bills. The policy provides for reducing high bills under some circumstances. Pursuant to this policy, Century Utilities, Inc., sent Mr. Morrone an adjusted bill for the period in question. The adjusted bill was in the amount of $414.36.

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. See Section 120.57(1), Florida Statutes.

   
   

7. Utilities such as Century Utilities, Inc., are regulated by the Florida Public Service Commission pursuant to Chapter 367, Florida Statutes. Pursuant to the Commission's statutory powers, it has adopted rules governing utilities such as Century Utilities, Inc., which rules appear at Chapter 25-30, Florida Administrative Code. Rule 25-30.340 specifically addresses the subject of adjustment of bills for meter error. Pursuant to that rule, a utility is required to adjust a bill following a meter test only when the test shows that the meter registers fast in excess of the tolerance permitted under Rule

   25-30.262. In this case there is no such showing. To the contrary, the testing of the meter at Mr. Morrone's apartment revealed that the meter registered within the tolerances permitted by Rule 25-30.262.

   
   

8. Mr. Morrone has failed to prove that the meter reading for water consumption at his Century Village apartment during the subject billing period was inaccurate. Mr. Morrone has failed to prove any other type of error in the computation of his water bill for the subject billing period. Absent such proof, there is no basis upon which the relief sought by Mr. Morrone can be granted.

RECOMMENDATION

On the basis of all of the foregoing, it is RECOMMENDED that the Florida Public Service Commission enter a final order in this case denying the relief sought by Mr. Morrone, and concluding that the adjusted bill in the amount of $414.36 is a correct bill for the subject billing period.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of July 1990.

MICHAEL M. PARRISH

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of July 1990.

APPENDIX TO RECOMMENDED ORDER

The following are my specific rulings on all proposed findings of fact submitted by all parties.

Findings proposed by Petitioner:

Paragraphs 1 and 2: Accepted.

Paragraph 3: First clause accepted; second clause rejected as not supported by persuasive competent substantial evidence.

Paragraph 4: Accepted with regard to December 1988. Rejected with regard to January 1989, because not supported by persuasive competent substantial evidence. It is most unlikely that the neighbor sent to check for running water in January 1989 did so without touching any faucet or toilet handles.

Paragraph 5: Rejected as irrelevant because water could flow in the Petitioner's apartment without the neighbor being aware of it.

Paragraph 6: Rejected as contrary to the greater weight of the evidence; the cause of the high water bill was an open flapper valve in Petitioner's toilet.

Paragraph 7: Rejected as constituting a conclusion of law; specifically, a conclusion not warranted by the evidence.

Findings proposed by Respondent:

Paragraphs 1, 2, 3, and 4: Accepted in substance with some unnecessary details omitted.

Paragraphs 5, 6, 7, and 8: Rejected as subordinate and unnecessary details and as constituting argument.

Paragraphs 9 and 10: Rejected as primarily constituting arguments rather than proposed facts.

Paragraph 11: Accepted in substance with some unnecessary details omitted.

Paragraph 12: Rejected as primarily constituting arguments rather than proposed facts.

Paragraph 13: Accepted in substance.

Paragraph 14: Rejected as constituting subordinate and unnecessary details and arguments.

Paragraphs 15, 16, and 17: Accepted in substance with some unnecessary details omitted.

Findings proposed by Intervenor:

All of the findings proposed by the Intervenor are accepted.

Copies furnished:

Jeffrey S. Gerow, Esquire Drexel Building, Suite 101 5554 North Federal Highway Fort Lauderdale, Florida 33308

Mr. Gary Mishoe

Century Utilities, Inc. Post Office Box 170569

West Palm Beach, Florida 33417-4384

James R. Frier, Staff Counsel Florida Public Service Commission

101 East Gaines Street Tallahassee, Florida 32399-0863

David Swafford Executive Director

Public Service Commission Room 116

101 East Gaines Street Tallahassee, Florida 32399-0850

Susan Clark General Counsel

Public Service Commission Room 212

101 East Gaines Street Tallahassee, Florida 32399-0850

Steve Tribble

Director of Records and Recording Public Service Commission

Room 116

101 East Gaines Street Tallahassee, Florida 32399-0850

Docket for Case No: 90-000407

Orders for Case No: 90-000407