Florida Public Service Commission native order document 00285-2024

Order No. PSC-2024-0022-PCO-EGFlapubserv

Full text

FILED 1/23/2024
DOCUMENT NO. 00285-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric
conservation goals (Florida Power & Light
Company).
In re: Commission review of numeric
conservation goals (Duke Energy Florida,
LLC).
In re: Commission review of numeric
conservation goals (Tampa Electric Company).
In re: Commission review of numeric
conservation goals (Florida Public Utilities
Company).
In re: Commission review of numeric
conservation goals (JEA).
In re: Commission review of numeric
conservation goals (Orlando Utilities
Commission).
DOCKET NO. 20240012-EG
DOCKET NO. 20240013-EG
DOCKET NO. 20240014-EG
DOCKET NO. 20240015-EG
DOCKET NO. 20240016-EG
DOCKET NO. 20240017-EG
ORDER NO. PSC-2024-0022-PCO-EG
ISSUED: January 23, 2024
ORDER CONSOLIDATING DOCKETS
AND ESTABLISHING PROCEDURE
I. 	Case Background
The Florida Energy Efficiency and Conservation Act (FEECA), specifically Section
366.82, Florida Statutes (F.S.), requires the Florida Public Service Commission (Commission) to
adopt goals to increase the efficiency of energy consumption, increase the development of
demand-side 	renewable 	energy 	systems, 	reduce 	and 	control 	the 	growth 	rates 	of electric
consumption and weather-sensitive peak demand, and encourage development of demand-side
renewable energy resources. Pursuant to Section 366.82(6), F.S., the Commission must review a
utility 's conservation goals at least every five years. Rules 25-17.001, 25-17.0021, and 25-
17.008, Florida Administrative Code (F.A.C.), implement FEECA.
This Order is issued pursuant to the authority granted by Rule 28-106.211, F .A.C., which
provides that the presiding officer before whom a case is pending may issue any orders necessary
to 	effectuate 	discovery, 	prevent 	delay, 	and 	promote 	the 	just, 	speedy, 	and 	inexpensive
determination of all aspects of the case.
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 2
II. 	Consolidation of Dockets
Rule 28-106.108, F.A.C., states, “[i]f there are separate matters which involve similar
issues of law or fact, or identical parties, the matters may be consolidated if it appears that
consolidation would promote the just, speedy, and inexpensive resolution of the proceedings, and
would not unduly prejudice the rights of a party.” These six dockets were opened to address the
electric utilities that fall under FEECA, contain similar issues of law or fact, and involve many of
the same intervening parties. To hold separate hearings in each of these dockets would cause
unnecessary duplication of time and resources. Based on the foregoing, I find that consolidation
of these dockets will promote the just, speedy, and inexpensive resolution of the proceedings and
will not unduly prejudice the rights of any party. Therefore, Docket Nos. 20240012-EG,
20240013-EG, 20240014-EG, 20240015-EG, 20240016-EG, and 20240017-EG are hereby
consolidated for the purposes of the hearing. All six dockets shall remain open, and each utility-
specific filing shall be filed in its respective docket. The consolidated cases will be governed by
the procedures set forth below. These matters have been scheduled for a formal administrative
hearing to be held from August 5-8, 2024.
III. 	General Filing Procedures
Filings pertaining to this docket must comply with Rule 28-106.104, F.A.C. Filing may
be 	accomplished 	electronically 	as 	provided 	in 	the 	Commission’s 	Statement 	of 	Agency
Organization and Operation and the E-Filing Requirements link, posted on our website,
www.floridapsc.com. If filing via mail, hand delivery, or courier service, the filing should be
addressed to:
Office of Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
The Commission strongly encourages electronic filing, which is available from the
Commission’s Home Page under the Clerk’s Office menu and Electronic Filing web form. The
filing party is responsible for ensuring that no information protected by privacy or confidentiality
laws is contained in any electronic document. To the extent possible, when making an electronic
filing, an electronic copy of all filings shall also be provided to parties and Commission staff in
Microsoft Word format and all schedules shall be provided in Microsoft Excel format with
formulas intact and unlocked.
IV. 	Tentative List of Issues
A list of the issues identified thus far in this proceeding is attached hereto as Appendix A.
The scope of this proceeding will be based upon these issues as well as other issues raised by the
parties up to and during the Prehearing Conference, unless modified by the Commission.
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 3
V. 	Prefiled Testimony and Exhibits
Each party shall file all testimony and exhibits that it intends to sponsor, pursuant to the
schedule set forth in Section X of this Order. Testimony and exhibits may be filed electronically.
If filing paper copies, an original and 15 copies of all testimony and exhibits shall be filed with
the Office of Commission Clerk by 5:00 p.m. on the date due. A copy of all prefiled testimony
and exhibits shall be served electronically or by regular mail, overnight mail, or hand delivery to
all other parties and staff no later than the date filed with the Commission. Failure of a party to
timely prefile exhibits and testimony from any witness in accordance with the foregoing
requirements may bar admission of such exhibits and testimony.
The dimensions of each page of testimony shall be 8 ½ x 11 inches. Each page shall be
consecutively numbered and double spaced, with 25 numbered lines per page and left margins of
at least 1.25 inches. If filing paper copies of the testimony, all pages shall be filed on white,
unglossed, three-holed paper and shall be unbound and without tabs.
Each exhibit sponsored by a witness in support of his or her prefiled testimony shall be:
(1) 	Attached to that witness’ testimony when filed;
(2) 	If filing paper copies, on three-holed paper, unbound, and without tabs;
(3) 	Sequentially numbered beginning with 1 (any exhibits attached to subsequently
filed testimony of the same witness shall continue the sequential numbering
system);
(4) 	Identified in the upper right-hand corner of each page by the docket number, a
brief title, and the witness’ initials followed by the exhibit’s number; and
(5) 	Paginated by showing in the upper right-hand corner of each page the page
number followed by the total number of pages in the exhibit.
An example of the information to appear in the upper right-hand corner of the exhibit is as
follows:
Docket No. 20012345-EI
Foreign Coal Shipments to Port of Tampa
Exhibit BLW-1, Page 1 of 2
After an opportunity for opposing parties to object to introduction of the exhibits and to
cross-examine the witness sponsoring them, exhibits may be offered into evidence at the hearing.
Pursuant to Rule 25-17.0021(3), F.A.C., each utility shall file proposed demand-side
management goals for a ten-year period, as well as goals developed under the two cost-
effectiveness scenarios prescribed by the rule. Prefiled testimony and exhibits to be filed on the
date indicated in Section X of this Order shall, at a minimum, include the minimum testimony
requirements attached hereto as Appendix B, the tentative list of issues attached hereto as
Appendix A, and any other information each utility deems appropriate.
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 4
VI. 	Discovery Procedures
A. 	General Requirements
Discovery shall be conducted in accordance with the provisions of Chapter 120, Florida
Statutes (F.S.), and the relevant provisions of Chapter 366, F.S., Rules 25-17, 25-22, 25-40, and
28-106, F.A.C., and the Florida Rules of Civil Procedure (as applicable), as modified herein or as
may be subsequently modified by the Prehearing Officer.
Unless subsequently modified by the Prehearing Officer, the following shall apply for
each docket:
(1) 	Discovery shall be completed by July 17, 2024.
(2) 	Discovery requests and responses shall be served by e-mail, hand delivery, or
overnight mail, and electronic service is encouraged. Discovery served via e-mail
shall be limited to 5 MB per attachment, shall indicate how many e-mails are
being sent related to the discovery (such as 1 of 6 e-mails), and shall be numbered
sequentially. Documents provided in response to a document request may be
provided via a CD, DVD, or flash drive if not served electronically.
(3) 	Each electronic discovery response shall be given a separate electronic file name
that is no longer than 60 characters.
(4) 	Sets of interrogatories, requests for admissions, requests for production of
documents, or other forms of discovery shall be numbered sequentially in order to
facilitate identification.
(5) 	Within each set, discovery requests shall be numbered sequentially, and any
discovery requests in subsequent sets shall continue the sequential numbering
system.
(6) 	For discovery requests made prior to the filing of the utility’s rebuttal testimony,
discovery responses shall be served within 20 days (inclusive of mailing) of
receipt of the discovery request. For discovery requests related to matters
addressed in the utility’s rebuttal testimony, discovery responses shall be served
within seven (7) days of receipt of the discovery request.
(7) 	Each page of every document produced pursuant to requests for production of
documents shall be identified individually through the use of a Bates Stamp or
other equivalent method of sequential identification. Parties should number
produced documents in an unbroken sequence through the final hearing.
(8) 	Copies, whether hard copies or electronic, of discovery requests and responses
shall be served on all parties and Commission staff. In addition, copies of all
responses to requests for production of documents shall be provided to the
Commission staff at its Tallahassee office unless otherwise agreed.
(9) 	Parties shall file in the Commission Clerk’s Office a notice of service of any
interrogatories 	or 	requests 	for 	production 	of 	documents 	propounded 	and
associated responses in this docket, giving the date of service and the name of the
party to whom the discovery was directed.
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 5
Unless subsequently modified by the Prehearing Officer, the following shall apply for
each docket:
(1) 	Interrogatories, including all subparts, shall be limited to 400.
(2) 	Requests for production of documents, including all subparts, shall be limited to
400.
(3) 	Requests for admissions, including all subparts, shall be limited to 200.
When a discovery request is served and the respondent intends to seek clarification of any
portion of the discovery request, the respondent shall request such clarification within seven days
of service of the discovery request. For discovery requests served after the date for rebuttal
testimony, such clarification must be requested within three days. This procedure is intended to
reduce delay in resolving discovery disputes.
B. 	Confidential Information Provided Pursuant to Discovery
Any information provided to the Commission staff pursuant to a discovery request by the
staff or any other person and for which proprietary confidential business information status is
requested pursuant to Section 366.093, F.S., and Rule 25-22.006, F.A.C., shall be treated by the
Commission as confidential. The information shall be exempt from Section 119.07(1), F.S.,
pending a formal ruling on such request by the Commission or pending return of the information
to the person providing the information. If no determination of confidentiality has been made and
the information has not been made a part of the evidentiary record in this proceeding, it shall be
returned to the person providing the information. If a determination of confidentiality has been
made and the information was not entered into the record of this proceeding, it shall be returned
to the person providing the information within the time period set forth in Section 366.093, F.S.
The Commission may determine that continued possession of the information is necessary for
the Commission to conduct its business.
Redacted versions of confidential filings may be served electronically, but in no instance
may confidential information be electronically submitted. If the redacted version is served
electronically, the confidential information (which may be on a CD, DVD, or flash drive) shall
be filed with the Commission Clerk via hand-delivery, U.S. Mail, or overnight mail on the day
that the redacted version was served via e-mail.
When a person provides information that it maintains as proprietary confidential business
information to the Office of Public Counsel pursuant to a discovery request by the Office of
Public Counsel or any other party, that party may request a temporary protective order pursuant
to Rule 25-22.006(6)(c), F.A.C., exempting the information from Section 119.07(1), F.S.
When a party other than the Commission staff or the Office of Public Counsel requests
information through discovery that the respondent maintains as proprietary confidential business
information, or when such a party would otherwise be entitled to copies of such information
requested by other parties through discovery (e.g., interrogatory responses), that party and
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 6
respondent shall endeavor in good faith to reach agreement that will allow for the exchange of
such information on reasonable terms, as set forth in Rule 25-22.006(7)(b), F.A.C.
VII. 	Prehearing Procedures
A. 	Prehearing Statements
All parties in this docket and the Commission staff shall file a Prehearing Statement
pursuant to the schedule set forth in Section X of this Order. Each Prehearing Statement shall be
filed with the Office of Commission Clerk by 5:00 p.m. on the date due. A copy, whether paper
or electronic, of the Prehearing Statement shall be served on all other parties and staff no later
than the date it is filed with the Commission.
Each party’s Prehearing Statement shall set forth the following information in the
sequence listed below:
(1) 	The name of all known witnesses whose testimony has been prefiled or
who may be called by the party, along with subject matter of each such
witness’ testimony and the corresponding issue numbers in the following
format:
All Known Witnesses:
Witness 	Subject Matter 	Issue #
Direct
John Smith 	Subject . . . 	1, 3-5
(2) 	A description of all prefiled exhibits and other exhibits that may be used
by the party in presenting its direct case (including individual components
of a composite exhibit) and the witness sponsoring each in the following
format:
All Known Exhibits:
Witness 	Proffered By 	Exhibit # 	Description 	Issues #
Direct
John Smith 	Party/Utility
Name
ABC-1 	Title ...... 	1, 3-5
(3) 	A statement of the party’s basic position in the proceeding;
(4) 	A statement of each question of fact, question of law, and policy question
that the party considers at issue, along with the party’s position on each
issue, and, where applicable, the names of the party's witness(es) who will
address each issue. Parties who wish to maintain “no position at this time”
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 7
on any particular issue or issues should refer to the requirements of
subsection C, below;
(5) 	A statement of issues to which the parties have stipulated;
(6) 	A statement of all pending motions or other matters the party seeks action
upon;
(7) 	A 	statement 	identifying 	the 	party’s 	pending 	requests 	or 	claims 	for
confidentiality;
(8) 	Any objections to a witness’ qualifications as an expert. The objection
shall identify each witness the party wishes to voir dire as well as state
with specificity the portions of that witness’s prefiled testimony, by page
and line number, and/or exhibits, by page and line number, to which the
party objects. Failure to specifically identify the portions of the prefiled
testimony or exhibits to which the party objects will result in restriction of
a party’s ability to conduct voir dire absent a showing of good cause at the
time the witness is offered for cross-examination at hearing;
(9) 	A request for sequestration of witnesses, so any such request may be
resolved by the Prehearing Officer prior to the hearing. Failure to make
such a request shall constitute a waiver of the right to request sequestration
of witnesses absent a showing of good cause; and
(10) 	A statement as to any requirement set forth in this order that cannot be
complied with, and the reasons therefore.
Failure of a party to timely file a Prehearing Statement shall be a waiver of any issue not
raised by other parties or by the Commission. In addition, such failure shall preclude the party
from presenting testimony in support of its position on each such issue.
B. 	Attendance at Prehearing Conference
Pursuant to Rule 28-106.209, F.A.C., a Prehearing Conference will be held July 23, 2024,
at the Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. Unless
excused 	by 	the 	Prehearing 	Officer 	for 	good 	cause 	shown, 	each 	party 	(or 	designated
representative) shall personally appear at the Prehearing Conference. Failure of a party (or that
party’s representative) to appear shall constitute waiver of that party’s issues and positions, and
that party may be dismissed from the proceeding.
C. 	Waiver of Issues
Any issue not raised by a party either before or during the Prehearing Conference shall be
waived by that party, except for good cause shown. A party seeking to raise a new issue after the
Prehearing Conference shall address each of the following:
(1) 	Whether the party was unable to identify the issue because of the complexity of
the matter;
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 8
(2) 	Whether discovery or other prehearing procedures were not adequate to fully
develop the issue;
(3) 	Whether due diligence was exercised to obtain facts touching on the issue;
(4) 	Whether information obtained subsequent to the Prehearing Conference was not
previously available to enable the party to identify the issue; and
(5) 	Whether introduction of the issue would not be to the prejudice or surprise of any
party.
Specific reference shall be made to the information received and how it enabled the party to
identify the issue.
Unless a matter is not at issue for that party, each party shall take a position on each issue
by the time of the Prehearing Conference or by such later time as may be permitted by the
Prehearing Officer. If a party is unable through diligence and good faith efforts to take a position
on a matter at issue for that party, it shall explicitly state in its Prehearing Statement why it
cannot take a position. If the Prehearing Officer finds that the party has acted diligently and in
good faith to take a position, and further finds that the party's failure to take a position will not
prejudice other parties or confuse the proceeding, the party may maintain “no position at this
time” prior to hearing and thereafter identify its position in a post-hearing statement of issues. In
the absence of such a finding by the Prehearing Officer, the party shall have waived the entire
issue, and the party’s position shall be shown as “no position” in the Prehearing Order. A party
who takes no position on an issue by the time of the Prehearing Conference, or by such later time
as may be permitted by the Prehearing Officer, waives its opportunity to conduct cross-
examination on the issue as well as file a post-hearing brief on the issue. Commission staff may
take “no position at this time” or a similar position on any issue without having to make the
showing described above and without waiver of cross-examination.
D. 	Motions to Strike Prefiled Testimony and Exhibits
Motions to strike any portion of the prefiled testimony and related portions of exhibits of
any witness shall be made in writing no later than seven days prior to the Prehearing Conference,
and identify with specificity the page and line numbers of the information to be stricken. Motions
to strike any portion of prefiled testimony and related portions of exhibits at hearing shall be
considered untimely, absent good cause shown.
E. 	Demonstrative Exhibits
If a party wishes to use a demonstrative exhibit or other demonstrative tools at hearing,
such materials must be identified by the time of the Prehearing Conference.
F. 	Official Recognition
Parties seeking official recognition of materials pursuant to Section 120.569(2)(i), F.S.,
shall notify all other parties and Commission staff in writing no later than one week prior to the
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 9
first scheduled hearing date. Such notification shall identify all materials for which the party
seeks official recognition, and such materials shall be provided along with the notification.
G. 	Use of Depositions at Hearing
Absent agreement by all parties concerning the introduction of depositions into the record
at the hearing, any party wishing to introduce all or part of a deposition at hearing for any
purpose other than impeachment, must file a Notice of Intent to Use Deposition no later than the
last day to conduct discovery in this docket as set forth in Section X of this Order. The Notice
shall include the following information for each deposition:
(1) Name of witness deposed;
(2) Date deposition was taken; and
(3) Page and line numbers of each deposition the party seeks to introduce, when
available.
Objection(s) to the entry into the record of a deposition or portion thereof at hearing for
purposes other than impeachment must be made in writing within three days of filing a Notice of
Intent to use Deposition for resolution by the Prehearing Officer.
VIII. 	Hearing Procedures
A. 	Attendance at Hearing
Unless excused by the Presiding Officer for good cause shown, each party (or designated
representative) shall personally appear at the hearing. Failure of a party, or that party’s
representative, to appear shall constitute waiver of that party’s issues, and that party may be
dismissed from the proceeding.
Likewise, all witnesses are expected to be present at the hearing unless excused by the
Presiding Officer upon the staff attorney’s confirmation prior to the hearing date of the
following:
(1) 	All parties agree that the witness will not be needed for cross-examination.
(2) 	All Commissioners assigned to the panel do not have questions for the witness.
In the event a witness is excused in this manner, his or her testimony may be entered into
the record as though read following the Commission’s approval of the proposed stipulation of
that witness’s testimony.
B. 	Cross-Examination
The parties shall avoid duplicative or repetitious cross-examination. Further, friendly
cross-examination will not be allowed. Cross-examination shall be limited to witnesses whose
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 10
testimony is adverse to the party desiring to cross-examine. Any party conducting what appears
to be a friendly cross-examination of a witness should be prepared to indicate why that witness's
direct testimony is adverse to its interests.
During cross-examination, if a witness (or their counsel) responds (or objects) to a
relevant question by referring the question to another party witness, the counsel who is
sponsoring the current witness shall confirm the identity of the appropriate party witness who
can more fully address the question.
Each party shall be required to provide by a time certain and in a manner to be announced
at a later date, all exhibits (whether for substantive, corroborative, impeachment, or rebuttal
purposes, including deposition transcripts that may be used for impeachment) reasonably
expected or intended to be offered at the hearing.
C. 	Use of Confidential Information at Hearing
It is the policy of this Commission that all Commission hearings be open to the public at
all times. The Commission also recognizes its obligation pursuant to Section 366.093, F.S., to
protect proprietary confidential business information from disclosure outside the proceeding.
Therefore, any party wishing to use at the hearing any proprietary confidential business
information, as that term is defined in Section 366.093, F.S., shall adhere to the following:
(1) 	When confidential information is used in the hearing that has not been filed as
prefiled 	testimony 	or 	prefiled 	exhibits, 	parties 	must 	have 	copies 	for 	the
Commissioners, necessary staff, and the court reporter, in red envelopes clearly
marked with the nature of the contents. Any party wishing to examine the
confidential material that is not subject to an order granting confidentiality shall
be provided a copy in the same fashion as provided to the Commissioners, subject
to execution of any appropriate protective agreement with the owner of the
material.
(2) 	Counsel and witnesses are cautioned to avoid verbalizing confidential information
in such a way that would compromise confidentiality. Therefore, confidential
information should be presented by written exhibit when reasonably possible.
At the conclusion of that portion of the hearing that involves confidential information, all
copies of confidential exhibits shall be returned to the proffering party. If a confidential exhibit
has been admitted into evidence, the copy provided to the court reporter shall be retained in the
Office of Commission Clerk’s confidential files. If such information is admitted into the
evidentiary record at hearing and is not otherwise subject to a request for confidentiality filed
with the Commission, the source of the information must file a request for confidential
classification of the information within 21 days of the conclusion of the hearing, as set forth in
Rule 25-22.006(8)(b), F.A.C., if continued confidentiality of the information is to be maintained.
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
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IX. 	Post-Hearing Procedures
If the Commission (or assigned panel) does not render a bench decision at the hearing, it
may allow each party to file a post-hearing statement of issues and positions pursuant to the
schedule set forth in Section X of this Order. In such event, a summary of each position of no
more than 75 words, set off with asterisks, shall be included in that statement. If a party’s
position has not changed since the issuance of the Prehearing Order, the post-hearing statement
may simply restate the prehearing position. However, the position must be reduced to no more
than 75 words. If a post-hearing statement is required and a party fails to file in conformance
with Rule 28-106.215, F.A.C., that party shall have waived all issues and may be dismissed from
the proceeding.
Further, pursuant to Rule 28-106.215, F.A.C., a party’s proposed findings of fact and
conclusions of law, if any, statement of issues and positions, and brief, shall together total no
more than 50 pages and shall be filed at the same time, unless modified by the Presiding Officer.
X. 	Controlling Dates
The following dates have been established to govern the key activities of this case:
(1) 	Utility’s testimony and exhibits 	April 2, 2024
(2) 	Intervenors’ testimony and exhibits 	May 28, 2024
(3) 	Staff’s testimony and exhibits, if any 	June 5, 2024
(4) 	Rebuttal testimony and exhibits 	July 1, 2024
(5) 	Prehearing Statements 	July 9, 2024
(6) 	Discovery deadline 	July 17, 2024
(7) 	Prehearing Conference 	July 23, 2024
(8) 	Hearing 	August 6-9, 2024
(9) 	Briefs 	September 12, 2024
In addition, all parties should be on notice that the Prehearing Officer may exercise the
discretion to schedule additional Prehearing Conferences or meetings of the parties as deemed
appropriate. Such meetings will be properly noticed to afford the parties an opportunity to attend.
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
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Based upon the foregoing, it is
ORDERED by Commissioner Art Graham, as Prehearing Officer, that Docket Nos.
20240012-EG, 20240013-EG, 20240014-EG, 20240015-EG, 20240016-EG, and 20240017-EG
are hereby consolidated for purposes of hearing. It is further
ORDERED that the provisions of this Order shall govern this proceeding unless modified
by the Commission.
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 23rd day of
January, 2024.
ART GRAHAM
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.
JDI
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 13
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.
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 14
Appendix A
TENTATIVE LIST OF ISSUES
ISSUE 1: 	Are the utility’s proposed goals based on an adequate assessment of the full
technical potential of all available demand-side and supply-side conservation and
efficiency measures, including demand-side renewable energy systems?
ISSUE 2: 	Do the utility’s proposed goals adequately reflect the costs and benefits to
customers participating?
ISSUE 3: 	Do the utility’s proposed goals adequately reflect the costs and benefits to the
general body of rate payers as a whole, including utility incentives and participant
contributions?
ISSUE 4: 	Do the utility’s proposed goals adequately reflect the need for incentives to
promote both customer-owned and utility-owned energy efficiency and demand-
side renewable energy systems?
ISSUE 5: 	Do the utility’s proposed goals adequately reflect the costs imposed by state and
federal regulations on the emissions of greenhouse gases?
ISSUE 6: 	Do the utility’s proposed goals adequately reflect consideration of free riders?
ISSUE 7: 	What residential and commercial/industrial summer and winter megawatt (MW)
and annual Gigawatt-hour (GWh) goals should be established for the period 2025-
2034?
ISSUE 8: 	What goals, if any, should be established for increasing the development of
demand-side renewable energy systems?
ORDER NO. PSC-2024-0022-PCO-EG
DOCKET NOS. 20240012-EG, 20240013-EG, 20240014-EG,
20240015-EG, 20240016-EG, 20240017-EG
PAGE 15
Appendix B
MINIMUM TESTIMONY REQUIREMENTS FOR UTILITIES
1. 	Provide a description of how the utility’s Technical Potential Study has been updated and
modified, including any measures eliminated or added since the utility’s last filed Technical
Potential Study. Specifically identify any changes associated with changes to building code
or appliance efficiency standards.
2. 	Provide a description of how the utility’s Base Case with no incremental demand-side
management 	was 	developed. 	This 	should 	include 	forecasts 	for 	generation 	resources,
customer winter and summer demand and annual energy for load, and fuel prices based on
the utility’s most recent planning process, as well as a discussion of the impacts related to
changes in Federal and State efficiency standards.
3. 	The Base Case should not include estimated costs associated with carbon dioxide emissions,
but utilities may provide sensitivities including these costs. If included, provide a detailed
description of how the sensitivity was developed and compares to the Base Case, including
forecasts for fuel prices and emissions costs.
4. 	Provide a description of the Base Case’s next avoidable generating unit and describe the
methodology used to determine it. Utilities may provide sensitivities with a different avoided
unit, and if so, should describe it and the methodology used to select it.
5. 	For the utility’s proposed goals, as well as for the goals developed under the two cost-
effectiveness scenarios as required by Rule 25-17.0021(3), F.A.C., provide the estimated rate
impact on a residential 1,000 kWh/month bill and a breakdown at the program level with
demand and energy savings, program costs and benefits, cost-effectiveness test results, list of
measures included, and participation rates.
6. 	Provide a description of the program development process, and identify measures excluded
during each stage of process and why. As part of this description, identify restrictions, if any,
on program design due to current settlements, such as rebate amounts.
7. 	For the utility’s proposed goals, as well as for the goals developed under the two cost-
effectiveness scenarios as required by Rule 25-17.0021(3), F.A.C., provide a description of
how free-ridership is addressed. If the utility elects to use a payback period for free-ridership
screening, provide sensitivities on the payback period.
8. 	Provide a description of the efforts made to address customers who rent in program
development, including a list of programs they would be eligible to participate in.
9. 	Provide a description of how supply-side efficiencies are incorporated in the utility’s most
recent planning process and how supply-side efficiencies impact demand-side management
programs.
10. Provide a comparison of the programs used to determine utility’s proposed goals to its
current demand-side management program offerings.

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