Below you will find materials regarding the proposal from Environmental Utilities LLC to install central sewer on the Island. PIE encourages all stakeholders to be pro-active and keep informed about this important issue.
Updated 7.11.22
CENTRAL SEWER: Timeline
DOCKET No. 20200226-SU Environmental Utilities, LLC
07.14.2020 Charlotte County issues Bulk Wastewater Treatment Agreement to EU.
10.13.2020 EU submits Application for wastewater certificate in Charlotte County to the Florida Public Service Commission.
10.14.2020 EU’s attorney submits a Motion for Bifurcation and Temporary Rule Waiver. This asks to split from the application the portion addressing the initial rates and charges for wastewater services, so that the FPSC may consider granting certification prior to the submission of costs.
10.15.2020 Request for Confidentiality and redacted version of application is posted to the docket. EU requests confidential classification for the financial information submitted with the application.
12.18.2020 Notice of filing affidavit of mailing. Confirms that notice of the application was sent to all property owners in proposed service area.
12.22.2020 RECOMMENDATION from staff for PSC conference 1.5.21. Staff recommends to the Commission that the Motion to Bifurcate and Temporary Rule Waiver be granted.
01.04.2021 PIE ebombs the PSC. Over 300 letters of objection and requests to deny the Motion to Bifurcate and Temporary Rule Waiver arrive at the PSC docket.
01.05.2021 PSC conference agenda. The FPSC denies the Motion to Bifurcate and Temporary Rule Waver.
01.20.2021 PIE becomes a Party of Record.
02.02.2021 PSC Order denying petition for Temporary Waiver of Rule.
02.19.2021 Kelsky Law representing CHPOA & PIE submits Objection and Request for Administrative Hearing. This is the objection to EU’s Application for original wastewater Certificate in Charlotte County and lists basis for the objection.
02.19.2021 PSC Order granting EU’s request for confidential classification for a period of 18 months from the date of this order.
02.25.2021 Kelsky Law files Motion for reconsideration of Order granting EU’s request for confidential classification.
03.8.2021 EU’s Amendment to Application to Remove a Portion of the Service Area. EU removes Capes Haze from the service area.
06.18.2021 EU's Supplement to Application for Original Wastewater Certificate. EU supplies initial rates and charges.
07.17.2021 EU Letter to Stakeholders in Service Area. EU writes directly to property owners on LGI, Don Pedro Island & Knight Island.
07.21.2021 PIE's Response to EU's Letter to Stakeholders. PIE emails the membership with utility reporting.
08.03.2021 PIE withdraws Motion for Reconsideration of Order granting EU’s request for confidential classification.
08.09.2021 EU files Motion for Partial Summary Final Order, which asks the PSC to "find that based up [sic] the Charlotte County Sewer Master plan that there is a need for central wastewater service in the proposed service area." This is accompanied by a Request for Oral Argument on this Motion, which would allow each party 10 minutes to present its arguments before the PSC. The next day EU submits an affidavit from Charlotte County regarding the Motion for Partial Summary Final Order.
[NOTE: The Motion for Partial Summary Final Order established a 7-day response period. PIE was granted an enlargement of time to respond to the Motion, with a deadline to submit by 08.26.2021]
08.16.2021 Pro se litigant Linda Cotherman submits a response to the Motion, requesting denial.
08.25.2021 PSC publishes Order Establishing Procedure for the Administrative Hearing.
08.26.2021 PIE submits their Response to EU's Motion for Partial Summary Final Order, requesting denial.
09.10.2021 EU submits direct testimony of John R. Boyer, Johnathan Cole and Deborah Swain
09.24.2021 The Office of Public Counsel serves their Notice of Intervention to the PSC and becomes a Party of Record.
09.30.2021 The PSC staff submits their Recommendation for 10/12/21 Commission conference. On Tuesday October 12th, 2021 the Commission will vote to approve or deny EU's Motion for Partial Summary Final Order. It is stated in the detailed Staff Analysis and Conclusion section, "As shown in the conflicting interpretations of the Sewer Master Plan in the Motion and responses, different inferences can be drawn from the Sewer Master Plan, and there is not an absence of any genuine issue of material fact." The staff recommends that EU's Motion be denied.
10.12.2021 The PSC Commissioners vote to deny EU's Motion for Partial Summary Final Order. (See Vote Sheet).
11.23.2021 PIE submits direct testimony of PIE President and expert witnesses Ellen Hardgrove (AICP), Robert Weisberg (Oceanographer), Sheri Schultz (forensic accountant, Fiske & Co) and Stephen Suggs (Engineer, Weiler Engineering).
11.24.2021 Linda Cotherman, pro se intervenor, submits direct testimony.
12.06.21 PIE takes deposition of John R. Boyer. Present: PSC Staff, OPC staff, Linda Cotherman.
12.08.2021 PIE takes deposition of Craig Rudy, Director of Utilities Charlotte County. Present: PSC Staff, OPC staff, Linda Cotherman.
01.03.2022 EU submits rebuttal testimony of Deborah D. Swain, Jonathan H. Cole and John R. Boyer.
01.12.2022 Submitted to PSC: PIE Pre-Hearing Statement, EU Pre-Hearing Statement, PSC Staff Pre-Hearing Statement.
Submission of OPC Pre-Hearing Statement. Also, notice of customer service hearings sent to EU. Utility must provide in writing notice to all customers no less than 14 days and no more than 30 days prior to the date of the hearing.
01.13.2022 Notice of Pre-Hearing and Hearing posted to the docket, giving dates-times-locations and details for the upcoming public customer service hearings in Venice, FL. Submission of Linda Cotherman Pre-Hearing Statement.
01.20.2022 End of Discovery. VIEW the Discovery Timeline.
02.08.22 Administrative Hearing begins at 10:00 AM with the Technical Hearing.
02.08.22 Administrative Hearing continues at 6:00 PM with the Customer Service Hearing.
02.09.22 Administrative Hearing continues at 9:30 with the Customer Service Hearing.
READ ABOUT THE ADMINISTRATIVE HEARING AT THE SEWER REPORTING PAGE.
05.25.22 Memorandum from the PSC staff is released with staff recommendations for the Commission. Agenda is released for the Commission Conference with summaries of the PSC staff recommendations.
06.07.22 COMMISSION CONFERENCE with final ruling on EU docket. Commissioners vote to approve staff recommendations A, 1-9 and 14, including denying the application and closing the docket. Read article HERE and view video HERE.
06.20.22 Transcript of the Commission Conference on 06.07.22 is posted.
06.28.22 The Charlotte County Board of County Commissioners sends a letter in support of EU's application for central sewer to the PSC.
06.30.22 The State of Florida Office of Public Counsel sends a letter to the PSC asking them to take the steps "necessary to ensure that the letter is in no way considered in any post hearing matters, such as reconsideration, if such is sought, or inclusion in the record of the case on appeal, if one is taken."
07.05.22 A letter from Knight Island Utilities in support of EU's application is posted to the docket.
07.08.22 Posted to the PSC docket: FINAL ORDER Denying Application for an Original Certificate to Provide Wastewater Service in Charlotte County by Environmental Utilities, LLC.
07.22.22 Posted to the PSC docket: Environmental Utilities, LLC's Motion for Reconsideration of Order No. PSC-2022-0267-FOF-SU. EU is requesting that the PSC reverse their decision to deny the central sewer application for certificate of service.
07.28.22 Posted to the PSC docket: Linda Cotherman's Response to Environmental Utilities, LLC'S Motion for Reconsideration. Party of Record Linda Cotherman asks for denial of EU's Motion for Reconsideration.
07.29.22 Posted to the PSC docket: Palm Island Estates Association, Inc.'s Response to Environmental Utilities, LLC'S Motion for Reconsideration. Attorney Brad Kelsky argues on behalf of PIE that EU should not be granted a reconsideration of the PSC final ruling.
07.29.22 Posted to the PSC docket: Office of Public Counsel's Citizens' Response to Environmental Utilities LLC'S Motion for Reconsideration. The OPC, on behalf of the citizens of the state of Florida, responds to EU's motion for reconsideration. While the OPC did not take a position in support of or opposition to EU's application, they provided a response objecting to EU's use of the
06.28.22 letter from Charlotte County, which was submitted after the record was closed.
08.26.22 Posted to the PSC docket: Staff Recommendations for the Commission re. EU's Motion for Reconsideration.
08.26.22 Agenda is released for the September 8th Commission Conference with summaries of the PSC staff recommendations.
09.08.22 Commissioners LaRosa, Passidomo and Clark vote to deny EU's Motion for Reconsideration. Read about it HERE.
PLEASE NOTE that EU has 30 days from the posting of the final Order to file an appeal in the District Court to attempt to reverse the PSC denial of EU's application.
CENTRAL SEWER: Timeline
DOCKET No. 20200226-SU Environmental Utilities, LLC
07.14.2020 Charlotte County issues Bulk Wastewater Treatment Agreement to EU.
10.13.2020 EU submits Application for wastewater certificate in Charlotte County to the Florida Public Service Commission.
10.14.2020 EU’s attorney submits a Motion for Bifurcation and Temporary Rule Waiver. This asks to split from the application the portion addressing the initial rates and charges for wastewater services, so that the FPSC may consider granting certification prior to the submission of costs.
10.15.2020 Request for Confidentiality and redacted version of application is posted to the docket. EU requests confidential classification for the financial information submitted with the application.
12.18.2020 Notice of filing affidavit of mailing. Confirms that notice of the application was sent to all property owners in proposed service area.
12.22.2020 RECOMMENDATION from staff for PSC conference 1.5.21. Staff recommends to the Commission that the Motion to Bifurcate and Temporary Rule Waiver be granted.
01.04.2021 PIE ebombs the PSC. Over 300 letters of objection and requests to deny the Motion to Bifurcate and Temporary Rule Waiver arrive at the PSC docket.
01.05.2021 PSC conference agenda. The FPSC denies the Motion to Bifurcate and Temporary Rule Waver.
01.20.2021 PIE becomes a Party of Record.
02.02.2021 PSC Order denying petition for Temporary Waiver of Rule.
02.19.2021 Kelsky Law representing CHPOA & PIE submits Objection and Request for Administrative Hearing. This is the objection to EU’s Application for original wastewater Certificate in Charlotte County and lists basis for the objection.
02.19.2021 PSC Order granting EU’s request for confidential classification for a period of 18 months from the date of this order.
02.25.2021 Kelsky Law files Motion for reconsideration of Order granting EU’s request for confidential classification.
03.8.2021 EU’s Amendment to Application to Remove a Portion of the Service Area. EU removes Capes Haze from the service area.
06.18.2021 EU's Supplement to Application for Original Wastewater Certificate. EU supplies initial rates and charges.
07.17.2021 EU Letter to Stakeholders in Service Area. EU writes directly to property owners on LGI, Don Pedro Island & Knight Island.
07.21.2021 PIE's Response to EU's Letter to Stakeholders. PIE emails the membership with utility reporting.
08.03.2021 PIE withdraws Motion for Reconsideration of Order granting EU’s request for confidential classification.
08.09.2021 EU files Motion for Partial Summary Final Order, which asks the PSC to "find that based up [sic] the Charlotte County Sewer Master plan that there is a need for central wastewater service in the proposed service area." This is accompanied by a Request for Oral Argument on this Motion, which would allow each party 10 minutes to present its arguments before the PSC. The next day EU submits an affidavit from Charlotte County regarding the Motion for Partial Summary Final Order.
[NOTE: The Motion for Partial Summary Final Order established a 7-day response period. PIE was granted an enlargement of time to respond to the Motion, with a deadline to submit by 08.26.2021]
08.16.2021 Pro se litigant Linda Cotherman submits a response to the Motion, requesting denial.
08.25.2021 PSC publishes Order Establishing Procedure for the Administrative Hearing.
08.26.2021 PIE submits their Response to EU's Motion for Partial Summary Final Order, requesting denial.
09.10.2021 EU submits direct testimony of John R. Boyer, Johnathan Cole and Deborah Swain
09.24.2021 The Office of Public Counsel serves their Notice of Intervention to the PSC and becomes a Party of Record.
09.30.2021 The PSC staff submits their Recommendation for 10/12/21 Commission conference. On Tuesday October 12th, 2021 the Commission will vote to approve or deny EU's Motion for Partial Summary Final Order. It is stated in the detailed Staff Analysis and Conclusion section, "As shown in the conflicting interpretations of the Sewer Master Plan in the Motion and responses, different inferences can be drawn from the Sewer Master Plan, and there is not an absence of any genuine issue of material fact." The staff recommends that EU's Motion be denied.
10.12.2021 The PSC Commissioners vote to deny EU's Motion for Partial Summary Final Order. (See Vote Sheet).
11.23.2021 PIE submits direct testimony of PIE President and expert witnesses Ellen Hardgrove (AICP), Robert Weisberg (Oceanographer), Sheri Schultz (forensic accountant, Fiske & Co) and Stephen Suggs (Engineer, Weiler Engineering).
11.24.2021 Linda Cotherman, pro se intervenor, submits direct testimony.
12.06.21 PIE takes deposition of John R. Boyer. Present: PSC Staff, OPC staff, Linda Cotherman.
12.08.2021 PIE takes deposition of Craig Rudy, Director of Utilities Charlotte County. Present: PSC Staff, OPC staff, Linda Cotherman.
01.03.2022 EU submits rebuttal testimony of Deborah D. Swain, Jonathan H. Cole and John R. Boyer.
01.12.2022 Submitted to PSC: PIE Pre-Hearing Statement, EU Pre-Hearing Statement, PSC Staff Pre-Hearing Statement.
Submission of OPC Pre-Hearing Statement. Also, notice of customer service hearings sent to EU. Utility must provide in writing notice to all customers no less than 14 days and no more than 30 days prior to the date of the hearing.
01.13.2022 Notice of Pre-Hearing and Hearing posted to the docket, giving dates-times-locations and details for the upcoming public customer service hearings in Venice, FL. Submission of Linda Cotherman Pre-Hearing Statement.
01.20.2022 End of Discovery. VIEW the Discovery Timeline.
02.08.22 Administrative Hearing begins at 10:00 AM with the Technical Hearing.
02.08.22 Administrative Hearing continues at 6:00 PM with the Customer Service Hearing.
02.09.22 Administrative Hearing continues at 9:30 with the Customer Service Hearing.
READ ABOUT THE ADMINISTRATIVE HEARING AT THE SEWER REPORTING PAGE.
05.25.22 Memorandum from the PSC staff is released with staff recommendations for the Commission. Agenda is released for the Commission Conference with summaries of the PSC staff recommendations.
06.07.22 COMMISSION CONFERENCE with final ruling on EU docket. Commissioners vote to approve staff recommendations A, 1-9 and 14, including denying the application and closing the docket. Read article HERE and view video HERE.
06.20.22 Transcript of the Commission Conference on 06.07.22 is posted.
06.28.22 The Charlotte County Board of County Commissioners sends a letter in support of EU's application for central sewer to the PSC.
06.30.22 The State of Florida Office of Public Counsel sends a letter to the PSC asking them to take the steps "necessary to ensure that the letter is in no way considered in any post hearing matters, such as reconsideration, if such is sought, or inclusion in the record of the case on appeal, if one is taken."
07.05.22 A letter from Knight Island Utilities in support of EU's application is posted to the docket.
07.08.22 Posted to the PSC docket: FINAL ORDER Denying Application for an Original Certificate to Provide Wastewater Service in Charlotte County by Environmental Utilities, LLC.
07.22.22 Posted to the PSC docket: Environmental Utilities, LLC's Motion for Reconsideration of Order No. PSC-2022-0267-FOF-SU. EU is requesting that the PSC reverse their decision to deny the central sewer application for certificate of service.
07.28.22 Posted to the PSC docket: Linda Cotherman's Response to Environmental Utilities, LLC'S Motion for Reconsideration. Party of Record Linda Cotherman asks for denial of EU's Motion for Reconsideration.
07.29.22 Posted to the PSC docket: Palm Island Estates Association, Inc.'s Response to Environmental Utilities, LLC'S Motion for Reconsideration. Attorney Brad Kelsky argues on behalf of PIE that EU should not be granted a reconsideration of the PSC final ruling.
07.29.22 Posted to the PSC docket: Office of Public Counsel's Citizens' Response to Environmental Utilities LLC'S Motion for Reconsideration. The OPC, on behalf of the citizens of the state of Florida, responds to EU's motion for reconsideration. While the OPC did not take a position in support of or opposition to EU's application, they provided a response objecting to EU's use of the
06.28.22 letter from Charlotte County, which was submitted after the record was closed.
08.26.22 Posted to the PSC docket: Staff Recommendations for the Commission re. EU's Motion for Reconsideration.
08.26.22 Agenda is released for the September 8th Commission Conference with summaries of the PSC staff recommendations.
09.08.22 Commissioners LaRosa, Passidomo and Clark vote to deny EU's Motion for Reconsideration. Read about it HERE.
PLEASE NOTE that EU has 30 days from the posting of the final Order to file an appeal in the District Court to attempt to reverse the PSC denial of EU's application.
More information is available at the PSC website Docket # D20200226:
https://www.floridapsc.com/ClerkOffice/DocketFiling?docket=20200226
https://www.floridapsc.com/ClerkOffice/DocketFiling?docket=20200226