Florida Public Service Commission native order document 09549-2024

FILED 10/16/2024
DOCUMENT NO. 09549-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of safety, access,
and facility enhancement program true-up and
2025 cost recovery factors, by Florida City
Gas.
DOCKET NO. 20240134-GU
ORDER NO. PSC-2024-0451-PCO-GU
ISSUED: October 16, 2024
The following Commissioners participated in the disposition of this matter:
BY THE COMMISSION:
MIKE LA ROSA, Chairman
GARY F. CLARK
ANDREW GILES FAY
GABRIELLA PASSIDOMO
ORDER SUSPENDING TARIFF
Background
On August 30, 2024, Florida City Gas (FCG or utility) filed a petition for approval of its
safety, access, and facility enhancement (SAFE) program true-up and 2025 cost recovery factors.
We originally approved the SAFE program in Order No. PSC-15-03 90-TRF-GU (2015 Order) to
recover the cost of relocating on an expedited basis certain existing gas mains and associated
facilities from rear lot easements to the street front. 1 In the 2015 Order, we found that the
relocation of mains and services to the street front provides for more direct access to the facilities
and will enhance the level of service provided to a ll customers through improved safety and
reliability. The SAFE factor is a surcharge on customers' bills.
In the 2015 Order, we required the utility to file an annual petition, beginning in 2016, for
review and resetting of the SAFE factors to true-up any prior over-or under-recovery and to set
the surcharge for the corning year. The SAFE program was originally approved as a 10-year
program and was planned to finish in 2025. The current 2024 SAFE factors were approved by
Order No. PSC-2023-0345-TRF-GU (2023 Order).2
1 Order No. PSC-15-0390-TRF-GU, issued September 15, 2015, in Docket No. 20150116-GU, ln re: Petition/or
approval ofsafety, access, and facility enhancement program and associated cost recovery methodology, by Florida
City Gas.
2 Order No. PSC-2023-0345-TRF-GU, issued November 16 , 2023, in Docket No. 20230097-GU, In re: Petition for
approval of safety, access, and facility enhancement program true-up and 2024 cost recovery factors, by Florida
City Gas.

ORDER NO. PSC-2024-0451-PCO-GU
DOCKET NO. 20240134-GU
PAGE2
During the utility's 2022 rate case, we approved a stipulation for the expansion
of
the
SAFE program in Order No. PSC-2023-0177-FOF-GU. 3 The parties agreed and we found that
the continuation
of
the SAFE program beyond its 2025 expiration date and the relocation
of
an
additional approximately 150 miles
of
mains and services was reasonable. 4
In 	Order No. 	PSC-2023-0177-FOF-GU, 	we further 	approved 	a stipulation for 	the
replacement
of
approximately 160 miles
of
"orange pipe. " 5 All parties to the rate case agreed that
orange pipe is a specific plastic material that was used in the 1970s and 1980s that has been
studied by the United States Department
of
Transportation Pipeline and Hazardous Materials
Safety Administration and shown through industry research
to
exhibit premature failure in the
form
of
cracking. The parties agreed and we ordered that FCG should expedite the replacement
of
160 miles
of
orange pipe through the SAFE program to address this safety risk in a timely
manner.
On April 19, 2024 FCG filed a petition to modify its SAFE program to include replacing
of
span pipes, burying shallow and exposed pipeline, and replacing
of
obsolete pipe and related
facilities. 	At 	the 	September 	10 	2024 	Agenda 	Conference, 	we 	approved 	FCG' s 	SAFE
modification. The total estimated cost for the program modifications is $49.8 million over a ten
year 	period. 6 	The 	additional 	program 	modifications 	are 	included 	in 	this 	proceeding 	for
recalculation
of
the SAFE surcharges.
This order is to suspend the proposed tariffs. We have jurisdiction over the matter
pursuant to Sections 366.04, 366.041, 366.05, and 366.06, Florida Statutes (F.S.).
Decision
We find that FCG's proposed revised SAFE tariffs for the period January through
December 2025 shall be suspended to allow our staff sufficient time to review the petition and
gather all pertinent information in order to present us with an informed recommendation on the
tariff proposals. Our staff issued a data request to FCG on September 17, 2024, for which
responses are currently pending.
Pursuant to Section 366.06(3), F.S., we may withhold consent to the operation
of
all or
any portion
of
a new rate schedule, delivering to the utility requesting such a change a reason, or
written statement
of
good cause, for doing so within 60 days. We find that the reason stated
above is a good cause consistent with the requirement
of
Section 366.06(3), F.S.
Based on the foregoing, it is
3 Order No. PSC-2023-0177-FOF-GU, issued June 9, 2023, in Docket No. 20220069-GU, In re: Petition/or rate
increase by Florida City Gas.
4 See page 72, Section X, B. of Order No. PSC-2023-0177-FOF-GU.
5 See page 72, Section X, C.
of Order No. PSC-2023-0177-FOF-GU.
6 See attachment B, of Document No. 04172-2024 titled "Responses to Staffs First Data Request

ORDER NO. PSC-2024-0451-PCO-GU
DOCKET NO. 20240134-GU
PAGE3
ORDERED by the Florida Public Service Commission that Florida City Gas's proposed
revised safety, access, and facility enhancement tariffs for the period January through December
2025 shall be suspended to allow our staff sufficient time to review the petition and gather all
pertinent information in order to present us with an informed recommendation on the tariff
proposals. It is further
ORDERED that this docket shall remain open pending our decision on the proposed
revised tariffs.
DD
By ORDER of the Florida Public Service Commission this 16th day of October, 2024.
Commission Cler
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.

ORDER NO. PSC-2024-0451-PCO-GU
DOCKET NO. 20240134-GU
PAGE4 
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.