Florida Public Service Commission native order document 04538-2024

FILED 6/4/2024
DOCUMENT NO. 04538-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Tampa
Electric Company.
In re: Petition for approval of 2023
depreciation and dismantlement study, by
Tampa Electric Company.
In re: Petition to implement 2024 generation
base rate adjustment provisions in paragraph 4
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
of the 2021 stipulation and settlement 	ORDER NO. PSC-2024-0183-PCO-EI
a reement, by Tam a Electric Com any. 	ISSUED: June 4, 2024~---~~---------~--~
ORDER GRANTING IN PART AND DENYING IN PART
OFFICE OF PUBLIC COUNSEL' S EXPEDITED MOTION TO ENLARGE DISCOVERY
On April 16 , 2024, the Florida Public Service Commission ("Commission") issued an
Order Establishing Procedure and Consolidating Dockets, Order No. PSC-2024-0096-PCO-EI,
which established controlling dates and procedures for Docket No. 20240026-EI. That Order
provides that the total number of interrogatories, including all subparts, issued by any one party
shall be limited to 500.
On May 17, 2024, the Office of Public Counsel ("OPC") filed an Expedited Motion to
Enlarge Discovery. 1 OPC states that it was informed by Tampa Electric Company ("TECO") on
May 15 , 2024, that OPC had exceeded the 500 interrogatory maximum by approximately 125-
150 interrogatorie s. OPC contends it has endeavored to be as proactive and efficient as possible
in propounding interrogatories upon TECO. OPC argues that to adequately represent the citizens
of Florida it vitally needs the information requested in pending interrogatory responses as well as
the ability to send future interrogatories. OPC alleges that its ability to build its case will be
harmed if it is not permitted to serve additional interrogatories in this matter. OPC therefore
requests that the interrogatory limit be raised from 500 to 1,000. OPC represents that it conferred
with the parties a nd TECO does not object to increasing the interrogatory, including subparts,
maximum for OPC to 750-800.2
On May 21, 2024, TECO timely filed a response to OPC's motion.3 TECO asserts that
the ba sic construct of this case is not new or unique becau se its 2021 rate case also involved one
test year and two subsequent year adjustments. TECO notes that the ratepayers will ultimately
1 In re: Petition for rate increase by Tampa Elec. Co., Docket No. 20240026-EI, Document No. 03292-2024 (filed
May 17, 2024) ("Citizen s' Expedited Motion to Enlarge Discove ry. ").
2 OPC represents that Florida Rising, Inc., League of United Latin American Citizens of Florida, and Sierra Club
support this motion. OPC states it h as not received a position from Florida Industrial Power Users Group, Federal
Executive Agencies, or Florida Retail Federation as of the filing of this motion.
3 In re: Petition for rate increase by Tampa Elec. Co., Docket No. 20240026-EI, Document No. 03406-2024 (filed
May 21, 2024) ("Tampa Electric Company's Response to Citizens' Expedited Motion to Enlarge Di sc overy.").

ORDER NO. PSC-2024-0183-PCO-EI
DOCKET NOS. 20240026-EI,
20230139-EI, and 20230090-EI
PAGE 2
bear the cost of discovery and thus cautions this Commission against an overbroad enlargement
of discovery. TECO argues that a maximum of 750–800 interrogatories, including subparts, is
sufficient for OPC.
Rule 1.340(a) of the Florida Rules of Civil Procedure limits parties to 30 interrogatories,
including subparts, except upon motion for good cause shown. The Commission permits parties
to exceed that number when the scope of a proceeding is complex in nature. Matters related to
discovery are addressed on a case-by-case basis in light of the particular circumstances.4 Given
the volume and complexity of information to be analyzed in this docket, an increase to the
interrogatory maximum appears appropriate. However, OPC has not demonstrated that the facts
here warrant the entire additional 500 interrogatories requested. This proceeding involves a
petition for permanent base rate increase using one test year and a request for two subsequent
year adjustments. OPC recognizes that ratepayers ultimately bear the cost of discovery.
Furthermore, OPC acknowledges that its current request for relief is based in part on speculation
as OPC is unsure how many additional interrogatories it ultimately would need to be prepared
for final hearing. Although OPC has not met its burden of persuasion for an additional 500
interrogatories, it has demonstrated good cause for some enlargement of discovery to occur. An
increase of 250 interrogatories here strikes an appropriate balance between the desire for more
information and the cost to ratepayers. Therefore, OPC will be permitted to issue 250 additional
interrogatories, bringing its interrogatory maximum up to 750.
Based on the foregoing, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that the Office of
Public Counsel’s Expedited Motion to Enlarge Discovery is GRANTED IN PART and DENIED
IN 	PART 	as 	set 	forth 	herein. 	The 	Office 	of 	Public 	Counsel 	shall 	be 	limited 	to 	750
interrogatories, including all subparts. It is further
ORDERED that all aspects of the Order Establishing Procedure and Consolidating
Dockets, Order No. PSC-2024-0096-PCO-EI, not inconsistent with this Order shall remain in
full force and effect.
4 See In re: Petition for rate increase by Peoples Gas Sys., Inc., In re: Petition for approval of 2022 depreciation
study, by Peoples Gas Sys., Inc., In re: Petition for approval of depreciation rate and subaccount for renewable
natural gas facilities leased to others, by Peoples Gas Sys., Inc., Docket Nos. 20230023-GU, 20220219-GU,
20220212-GU, Order No. PSC-2023-0128-PCO-GU (Fla. PSC Dec. 27, 2023) (authorizing 400 interrogatories per
party in docket with one test year); In re: Petition for rate increase by Tampa Elec. Co., In re: Petition for approval
of 2020 depreciation and dismantlement study and capital recovery schedules, by Tampa Elec. Co., Docket Nos.
20210034-EI, 20200264-EI, Order No. PSC-2021-0172-PCO-EI (Fla. PSC May 14, 2021) (authorizing 500
interrogatories per party in docket with one test year and two subsequent year adjustments); In re: Petition for rate
increase by Fla. Power & Light Co., Docket No. 20210015-EI, Order No. PSC-2021-0116-PCO-EI (Fla. PSC Mar.
24, 2021) (authorizing 750 interrogatories per party in docket with two test years).

ORDER NO. PSC-2024-0183-PCO-EI
DOCKET NOS. 20240026-EI,
20230139-EI, and 20230090-EI
PAGE 3
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 4th day of June,
2024.
GARY F. CLARK
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.
CMM

ORDER NO. PSC-2024-0183-PCO-EI
DOCKET NOS. 20240026-EI,
20230139-EI, and 20230090-EI
PAGE 4
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. 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.