You may have recently received legal notice from Environmental Utilities, LLC (EU) alerting you to their application to the Public Service Commission (PSC) for the installation of central sewer on the Islands. PIE opposes this application.
As property owners in the prospective service area we hope that you will respond to this notice IMMEDIATELY. Please take 10 minutes right now to consider these questions:
Do you feel there is a proven need for central sewer service?
Did you request sewer service on the Island?
Are you concerned that EU is a private, for-profit utility company?
Does EU’s lack of experience owning a wastewater utility concern you?
Are you comfortable with the rates and charges associated with this project?
We are encouraging you to email or write the Public Service Commission with your concerns before April 27th, 2024.
Simply send your email to the Clerk of the Commission with a copy to the PSC Commissioners. Make sure to identify yourself with your name, property address (identify Island) and your email address.
State your objections to the application. These letters should be personalized so we have not included a form letter. However, if you're stuck we have a list of potential impacts to homeowners that can help. Interested? CLICK HERE
Don’t forget to ask the PSC to deny EU’s application for wastewater service.
Let's work together from the very beginning. Feel free to contact us at pie@palmislandestates.org with any questions, comments or information you may have. Find more information at our website. Share our contact information with other property owners. Join our efforts to stop this.
The Public Service Commission [the PSC] is the regulatory body in charge of all utilities: water, wastewater and electric. They govern the rates and charges associated with utility provision, and grant service areas to new or existing utility companies. The Board consists of 5 commissioners, who make the various decisions. The PSC also addresses consumer complaints regarding utilities. The Board of County Commissioners: [the BCC] are the elected officials that represent Charlotte County residents. Not to be confused with the PSC, the BCC provides central sewer to most of Charlotte County that is in the Urban Service Area through their utility Charlotte County Utilities [CCU]. The BCC does not make the decision regarding EU's application to provide service. However, the BCC supports EU's bid to install central sewer on the bridgeless barrier islands.
The Participants.
Party of Record: These are people/entities that will be involved with the legal proceedings going forward. These parties will have to participate in the legal proceedings (see below). Interested Persons: If you ask to be an Interested Person you will be placed on the PSC mailing list and will receive an email whenever something is posted to the PSC docket online. You will have no obligation to participate in the legal process. It will simply keep you informed. Stakeholders: That is all of us. PIE is asking you at a minimum to participate as a stakeholder, sending emails when we issue a “Call to Action” and attending the Administrative Hearing, speaking out against the certification if you choose. Being an active participant as a stakeholder is the most important aspect of this process.
The Process.
Notice of Application: This is a letter sent from the utility to the prospective ratepayers notifying them of the pending application. Once the Affidavit of Notice is posted to the PSC docket online, there is a 30-day period where individuals and organization may request to become a party of record. If you miss the 30-day deadline, you may still request intervenor status but your participation will be limited. The CASR :The Case Assignment and Scheduling Record (CASR) is a tentative docket schedule, subject to change over the life of a case. This is where you can find upcoming dates and deadlines. The Proceedings: A series of legal procedures including testimony, discovery (production of documents and responses to interrogatories), motions and responses to motions. The proceedings include research by PSC staff, a consolidation of the issues surrounding the application and sometimes a ruling from the Commission on a specific legal motion. The Administrative Hearing: The culmination of the legal proceedings where the Commissioners hear live testimony and prepare for their ruling. The Hearing must take place at a location within the service area so that prospective ratepayers can attend. The Hearing has two parts: the Technical Hearing where testimony is provided by expert witnesses, and the Service Hearing where all of the attendees may sign up to participate. The Final Order: Announced at a Commission Conference, the final order is the written decision of the Commissioners.
What Has Happened So Far
On March 28th, Environmental Utilities, LLC filed an affidavit stating that the notice of application has been mailed to everyone in the service area. Sometime in the next week or so you should receive this “Notice of Application”. It's a letter that will look like this:
After the notices arrive in the mail, PIE will send out a "Call to Action" email explaining next steps. PIE has already contacted our attorney to sign on as an intervenor (an objecting party).
Other Resources
More information is available at the PSC website Docket # D20240032: