Florida Public Service Commission native order document 06720-2024

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy
Florida, LLC.
DOCKET NO. 20240025-EI
ORDER NO. PSC-2024-0199-PCO-EI
ISSUED: June 19, 2024
ORDER GRANTING UNOPPOSED MOTION TO
ACCEPT TESTIMONY OF DAVID FIALKOV
Background
Pursuant to the Order Establishing Procedure (OEP) in this docket,1 Intervenor testimony
was due to be filed June 11, 2024. Intervenors Americans for Affordable Clean Energy; Circle K
Stores, Inc.; RaceTrac Inc.; and Wawa, Inc. (collectively “Fuel Retailers”) filed the testimony of
David Fialkov on June 11, 2024, but did so after 5:00 p.m. Therefore, the filing was deemed
received by the Public Service Commission Clerk’s Office on June 12, 2024, 2 one day beyond
the deadline established in the OEP.
Unopposed Motion to Accept Testimony
Contemporaneously with filing the testimony, the Fuel Retailers filed an Unopposed
Motion to Accept Testimony of David Fialkov. The Fuel Retailers represent in the Motion that
they filed the testimony “at 7:02 p.m. due to unforeseen circumstances,” and request that the
testimony be accepted as though timely filed. Duke Energy Florida, LLC, has no objection to the
Motion. The Florida Retail Federation; White Springs Agricultural Chemicals, Inc.; the Southern
Alliance for Clean Energy; and Nucor Steel Florida, Inc., also do not object to the Motion. The
Office of Public Counsel; Sierra Club; Florida Rising, Inc.; and the League of United Latin
American Citizens of Florida, Inc., take no position. EVgo Services, LLC, supports the Motion.
Decision
While the testimony was not deemed filed until June 12, 2024, the testimony was served
on the parties contemporaneously with its after-hours filing on June 11, 2024.3 No party claims
to have been prejudiced by this brief delay in accessing the subject testimony. In light of the lack
of any prejudice to the other parties to this docket, the Fuel Retailers’ summary assertion of
“unforeseen circumstances” as the reason for the late filing is accepted as sufficient cause. For all
of these reasons, the Motion shall be granted.
1 Order No. PSC-2024-0092-PCO-EI, issued April 11, 2024.
2 “Any document received by the office of the agency clerk before 5:00 p.m. shall be filed as of that day but any
document received after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day.” Rule 28-
106.204(3), Fla. Admin. Code.
3 Fla. R. Jud. Admin. 2.516(b)(1)D (“Service by e-mail is complete on the date it is sent.”).

ORDER NO. PSC-2024-0199-PCO-EI
DOCKET NO. 20240025-EI
PAGE2
Therefore, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the
Motion to Accept Testimony of David Fialkov is granted.
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of ________,
SPS
Gabriella Passidomo
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
19th
June 2024

ORDER NO. PSC-2024-0199-PCO-EI
DOCKET NO. 20240025-EI
PAGE 3
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. 	This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. 	If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
Any 	party 	adversely 	affected 	by 	this 	order, 	which 	is 	preliminary, 	procedural 	or
intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25-
22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in
the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case
of a water or wastewater utility. 	A motion for reconsideration shall be filed with the Office of
Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code.
Judicial review of a preliminary, procedural or intermediate ruling or order is available if review
of the final action will not provide an adequate remedy. Such review may be requested from the
appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate
Procedure.