In re St. Joseph Telephone & Telegraph Co.

45 Fla. Supp. 57
CourtFlorida Public Service Commission
DecidedJanuary 25, 1977
DocketDocket No. 760347-TP. Order No. 7604
StatusPublished

This text of 45 Fla. Supp. 57 (In re St. Joseph Telephone & Telegraph Co.) is published on Counsel Stack Legal Research, covering Florida Public Service Commission primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re St. Joseph Telephone & Telegraph Co., 45 Fla. Supp. 57 (Fla. Super. Ct. 1977).

Opinion

BY THE COMMISSION.

On May 24, 1976, St. Joseph Telephone & Telegraph Co. (petitioner or company) filed with this commission a petition and new proposed rate schedules pursuant to Section 364.05(4), Florida Statutes, seeking our approval to adjust its rates and charges so as to produce additional annual gross revenues in the amount of approximately $843,710.

[58]*58By Order No. 7284 in this docket we suspended the proposed rate schedules in order to more fully investigate their appropriateness and necessity. As indicated by Order No. 7284, we consider it helpful to evaluate and analyze the company’s request by requiring further clarification and amplification at public hearings.

Pursuant to notice this commission held public hearings on October 5, 1976 in Port St. Joe, on October 7, 1976 in Chattahoochee, and on October 8, 1976 in Tallahassee.

We have thoroughly considered the entire record which consists of numerous exhibits, correspondence items, and the testimony from the hearings referred to above. From this review we must conclude that the company should be authorized additional gross revenues of $716,572. These additional revenues will allow the company the opportunity to earn a fair rate of return of 7.07% on a jurisdictional basis. We find that the level of service being provided by the company is adequate to satisfy the requirements of Section 366.041, Florida Statutes.

Petitioner is a telephone company subject to this commission’s jurisdiction under Chapter 364, Florida Statutes. It serves all or part of eight counties in the panhandle of Florida. The eight counties include Bay, Gulf, Franklin, Wakulla, Liberty, Calhoun, Gadsden and Jackson.

In those counties, it operates 14 exchanges and as of December 31, 1975, the end of the test period, provided service of 19,505 telephones. The company also provides Extended Area Service (EAS) between Tyndall and Panama City, the beaches and Port St. Joe, Apalachicola and East Point, Altha and Blountstown, Bristol and Blountstown, Bristol at Hosford, and Hosford and Blountstown.

The company in its petition has requested to be allowed to earn a rate of return of 7.07% on its investment in property used and useful in providing local exchange service. The petitioner analogizes its request to that of a “make-whole” petition. [Southern Bell Tel. & Tel. Co. v. Bevis, 279 So.2d 285 (Fla. 1973)]. In a true “make-whole” case there is an attempt to bring the company’s earnings back up to the authorized level of earnings as prescribed in its last general revenue case. See Docket No. 750166-TP, where the company was authorized to earn 7.07% on its jurisdictional rate base. In this proceeding the company is proposing a local exchange rate base only, where in the last general rate case involving this company we found that a 7.07% rate of return and a 13% return on equity was fair and reasonable on its jurisditional rate base.

In order to consider this case in the posture of a true “make-whole” case, the rate base will be structured jurisdictionally which includes local exchange and toll investment, revenues and expenses. [59]*59We believe it to be inappropriate to apply a rate of return which reflects a fair return, on equity for a totally jurisdictional operation including both local exchange and toll aspects of the company’s business, to the local exchange format encompassed in the company’s petition, which does not include the higher risk associated with the toll operations. In other words the proper application of the “make-whole” concept includes not only the last authorized rate of return but the same scope of operations last analyzed and which the latest return established as being appropriate.

Just recently we were confronted with a rate case filed by another telephone company (see Docket No. 760323-TP, Order No. 7566 entered on December 30, 1976) wherein they requested that we consider their revenue requirements on a local exchange basis only. In the proceeding before us, as in that case, we gave the company sufficient notice that we would not be restricted in our inquiry, but could address ourselves to their total jurisdictional operation. Prior to and at the hearings in the instant proceeding the petitioner objécted to the Commission broadening the scope of their petition in that regard. As in the Docket No. 760323 we found “. . . no merit to the contention that we are limited to the scope of the petition where, as in this case, the company is provided ample notice of our intentions and of our requirements. We find and conclude that we are well within our statutory powers both in requiring the information and in utilizing the information to determine the company’s revenue requirements on a basis that reflects its entire jurisditional intrastate operation.”

Rate base

The rate base we are going to consider in this docket represents that which we found to be the company’s jurisdictional investment in Docket No. 750166-TP minus a minor adjustment for tax lag —

Plant in Service .......................................................... $14,081,389

Depreciation Reserve .................................................. 4,156,369

Net Plant...................................................................... $10,525,020

GWIP .......................................................................... 880,209

Future Property .......................................................... 13,769

M&S............................................................................ 114,976

Working Capital.......................................................... 153,877

Company’s Adjustments ........................................... (140,530)

Intrastate Rate Base Per Company............................ 11,547,108

Staff Adjitstment

20% Tax Lag................................................................ (5,269)

$ 6,398,041

[60]*60The tax lag adjustment is brought about because this company failed to recognize the cost free dollars related to the delay in the payment of current income taxes.

Operating income

As with the rate base we are going to use the same concepts we developed in Docket No. 750166-TP with a few adjustments to make the company net operating income truly reflect the recent test year —

Company’s NOI on an intrastate basis

Operating Revenue ...................................................... $3,229,169

Operating Expenses ...................................................... 2,513,086

Taxes - Other................................................................ 222,124

Income Taxes ................................................................ 135,484

Company’s Adjustments................................................ (13,080)

NOI Per Company........................................................ $ 371,555

Staff Adjustment

Adjust Operator Wages................................................ $ 3,370

Adjust Capitalization of Maintenance Cost................ (1,979)

Amortize Rate Case Expenses...................................... 2,859

$ 375,805

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Related

Southern Bell Telephone & Telegraph Co. v. Bevis
279 So. 2d 285 (Supreme Court of Florida, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
45 Fla. Supp. 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-st-joseph-telephone-telegraph-co-flapubserv-1977.