STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MR. THOMAS L. FULLER, )

)

Petitioner, )

)

vs. ) CASE NO. 95-4253

)

FLORIDA POWER CORPORATION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Daniel S. Manry, held a formal hearing in this case on November 6, 1995 in Tallahassee, Florida.

APPEARANCES

For Petitioner: Mr. Thomas L. Fuller, pro se

Post Office Box 617217 Orlando, Florida 32861

For Respondent: Rodney Gaddy, Esquire

Florida Power Corporation 3201 34th Street, South

St. Petersburg, Florida 33711-3828 STATEMENT OF THE ISSUE

The issue for determination is whether Petitioner was overcharged on his utility bill.

PRELIMINARY STATEMENT

On December 27, 1994, Petitioner complained to the Florida Public Service Commission's Division of Consumer Affairs (the "Commission") that Respondent had overbilled him. Petitioner verbally requested Respondent to test the meter in his presence on December 28, 1994.

The Commission investigated the complaint and found that Respondent acted in compliance with applicable law. Petitioner timely requested a formal hearing. The matter was referred to the Division of Administrative Hearings for assignment of a Hearing Officer to conduct a formal hearing.

At the formal hearing, the parties called several witnesses and submitted several exhibits. The identity of the witnesses and exhibits and the rulings concerning each are reported in the transcript of the formal hearing filed on November 28, 1995.

The Respondent timely filed its proposed recommended order ("PRO") on December 7, 1995. Petitioner did not file a PRO. Proposed findings of fact in Respondent's PRO are accepted in this Recommended Order.

FINDINGS OF FACT

1. On September 12, 1995, Petitioner became a Florida Power customer. He received electricity service in his name at an apartment located at 2950 N. Pinehill Road #31, Orlando, Florida.

   
   

2. From September 1994, through December, 1994, Petitioner occupied the apartment at 2950 N. Pinehill Road #31, Orlando, Florida. Petitioner's meter indicated he used 827 Kwh from September 12, 1994, through October 4, 1994.

   
   

3. Petitioner's meter indicated he used 1525 Kwh from October 4, 1994, through November 2, 1994. Petitioner's meter indicated he used 1548 Kwh from November 2, 1994, through December 5, 1994.

   
   

4. Petitioner's final bill was for December 5, 1994, through December 28, 1994. The meter indicated he used 221 Kwh for this final period.

   
   

5. Respondent's tariff sheet 8.05 filed with the Commission sets forth the length of time within which Respondent must disconnect a customer's service after receiving a disconnect order. Respondent must disconnect service within 3 days of receiving the disconnect order.

   
   

6. On December 26, 1994, Petitioner requested that his service be disconnected on December 27, 1994. Respondent disconnected Petitioner's service on December 28, 1994.

   
   

7. On January 12, 1995, Petitioner's meter was tested in St. Petersburg, Florida. Petitioner's meter registered 99.96 percent accuracy.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter and parties. Section 120.57(1), Florida Statutes. The parties received adequate notice of the formal hearing.

   
   

9. Petitioner has the burden of proof in this proceeding. Petitioner must show by a preponderance of the evidence that he was overcharged.

   
   

10. Petitioner failed to satisfy his burden of proof. The weight of evidence shows that Petitioner was properly billed for electricity consumed at 2950 N. Pinehill Road, #31, Orlando, Florida.

    
    

11. Petitioner occupied the premises and was FPC's customer between September 1994 and December 1994. Petitioner's meter had an accuracy level of

    99.96 percent during that period. That percentage is within the accuracy limits of 98 percent to 102 percent established in Florida Administrative Code Rule 24- 6.052.

    
    

12. Respondent acted properly in Petitioner's request to disconnect his service. FPC terminated Petitioner's service within the time prescribed by applicable law. Petitioner was FPC's customer between September 1994 and December 1994, and is liable for electric service at 2950 N. Pinehill Road #31, Orlando, Florida.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is, RECOMMENDED that the Commission enter a Final Order finding that Respondent acted in compliance with applicable law and did not overbill Petitioner.

RECOMMENDED in Tallahassee, Leon County, Florida, this 2nd day of January, 1995.

DANIEL S. MANRY, 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 2nd day of January, 1995.

COPIES FURNISHED:

Rodney Gaddy, Esquire Florida Power Corporation 3201 34th Street, South

St. Petersburg, Florida 33711-3828

Thomas Fuller

Post Office Box 617217 Orlando, Florida 32861

Robert D. Vandiver, General Counsel Florida Public Service Commission Gerald L. Gunter Building

2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850

Noreen S. Davis, Director Division of Legal Services

Florida Public Service Commission Gerald L. Gunter Building

2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You Should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 95-004253

Orders for Case No: 95-004253