Florida Public Service Commission native order document 06789-2024

Order No. PSC-2024-0216-PCO-EIFlapubserv

Testo completo

FILED 6/20/2024
DOCUMENT NO. 06789-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Storm protection plan cost recovery
clause.
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DOCKET NO. 20240010-EI
ORDER NO. PSC-2024-0216-PCO-EI
ISSUED: June 20, 2024
SECOND ORDER MODIFYING ORDER ESTABLISHING PROCEDURE
By Order No. PSC-2024-0032-PCO-EI, the Order Establishing Procedure (OEP), issued
on February 6, 2024 and modified by Order No. PSC-2024-0110-PCO-EI issued on April 19 ,
2024, hearing procedures were established to govern this Docket, including controlling dates. At
this time, it is necessary to modify the OEP to establish an additional controlling date and modify
or add procedures.
As such, Sections IV , V, VI, and IX of the OEP are modified as reflected in bold type
below, and new sub section H. is added to Section VI as reflected below:
IV. 	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 electronically, each set of testimony and accompanying exhibits must be saved as
distinct and separate electronic files; multiple sets of testimony and exhibits combined in a
single electronic file are not acceptable. 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 ma il , overnight mail, or hand delivery to all other parties and s taff 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 m ay bar admission of such exhibits and
testimony.
Parties may use exhibits in their native Excel format for demonstrative purposes;
however, any exhibits created in Excel that a party seeks to admit into the record must be
converted to Adobe portable document format (pdt) and provided to the Commission as a
separate electronic file.
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 inche s. 	If filing paper copies of the testimony, a ll pages shall be filed on white,
unglossed, three-holed paper and shall be unbound and without tab s.
Each exhibit sponsored by a witness in support of his or her prefiled testimony shall be:
(1) 	Attached to that witness ' testimony when filed;
ORDER NO. PSC-2024-0216-PCO-EI
DOCKET NO. 20240010-EI
PAGE 2
(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.
V. 	Discovery Procedures
A. 	General Requirements
The portion in bold type reflects the only modification to this section of the order.
(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. The address
block 	for 	Commission 	staff 	shall 	include the 	email 	address 	discovery-
gcl@psc.state.fl.us in addition to the email address for staff counsel.
VI. 	Prehearing Procedures
H. 	Provision of Exhibits
By September 13, 2024, each party must provide an electronic copy of all exhibits
that the party plans to offer into evidence or use for demonstrative purposes during the
hearing, except for exhibits that have already been prefiled with witness testimony that are
in the docket file. 	Each party shall also provide a list of the exhibits it has electronically
submitted. Absent a showing of good cause, the failure of a party to timely provide exhibits
in compliance with this order may bar admission of such exhibits.
Each exhibit must be saved as a distinct and separate electronic file; multiple
exhibits combined in a single electronic file are not acceptable. No cover pages are
ORDER NO. PSC-2024-0216-PCO-EI
DOCKET NO. 20240010-EI
PAGE 3
required; however, as with all exhibits, a top margin of not less than one inch is required
for stamping purposes. Each exhibit shall be named with the party’s acronym and
sequential numbering as follows:
FPL-1 – short document title, FPL-2 – short document title, etc.
OPC-1 – short document title, OPC-2 – short document title, etc.
Parties may use exhibits in their native Excel format for demonstrative purposes;
however, any exhibits created in Excel that a party seeks to admit into the record must be
converted to Adobe portable document format (pdf) and provided to the Commission as a
separate electronic file. 	Any attachment to a discovery response that a party wishes to
offer as an exhibit must be provided as a separate electronic file to be marked as a separate
exhibit. Cumulative or irrelevant attachments are not appropriate exhibits.
Confidential information will be handled as described below in the following
section. 	However, parties must also provide an electronic, redacted, non-confidential
version of each confidential exhibit they intend to use at the hearing.
Each non-confidential exhibit and a list of these exhibits must be provided to the
Commission Office of the General Counsel on either USB flash drives or CDs, or emailed to
discovery-gcl@psc.state.fl.us. 	A copy of each exhibit and the accompanying list shall also
be served electronically or by regular mail, overnight mail, or hand delivery to all other
parties no later than the date provided to the Commission’s Office of the General Counsel.
IX. 	Controlling Dates
The following dates have been established to govern the key activities of this case. The
portion in bold type reflects the modification to this section of the order:
(1) 	Utilities’ Prior Year True-up Filings 	April 1, 2024
(2) 	Utilities’ Current Year True-up &
Projection Filings
May 1, 2024
(3) 	Utilities’ Subsequent Year Projection
Filings
May 1, 2024
(4) 	Intervenors’ Testimony and Exhibits 	June 24, 2024
(5) 	Staff Testimony and Exhibits 	July 1, 2024
(6) 	Rebuttal Testimony and Exhibits 	July 15, 2024
(7) 	Prehearing Statements 	July 31, 2024
(8) 	Discovery Deadline 	August 15, 2024
ORDERNO. PSC-2024-0216-PCO-EI
DOCKETNO. 20240010-EI
PAGE 4
(9) Prehearing Conference
(10) Provision of Exhibits
(11) Hearing
(12) Briefs
Based on the foregoing, it is
September 9, 2024
September 13, 2024
September 25-27, 2024
October 25, 2024
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Order
Nos. PSC-2024-0032-PCO-EI and PSC-2024-0110-PCO-EI are modified as set forth in the body
of this order. It is further
ORDERED that Order Nos. PSC-2024-0032-PCO-EI and PSC-2024-0110-PCO-EI are
reaffirmed in all other respects.
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of ------
DD
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.
20th
June 2024
ORDER NO. PSC-2024-0216-PCO-EI
DOCKET NO. 20240010-EI
PAGE 5
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.

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