Order No. PSC-2024-0227-S-EI•Florida Public Service Commission native order document 07326-2024
Florida Public Service Commission native order document 07326-2024
Order No. PSC-2024-0227-S-EIFlapubserv
Texto completo
FILED 7/8/2024 DOCUMENT NO. 07326-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricanes Ian and Nicole, by Florida Power & Li ht Com an . DOCKET NO. 20230017-EI ORDER NO. PSC-2024-0227-S-EI ISSUED: July 8, 2024 The following Commissioners participated in the disposition of this matter: MIKE LA ROSA, Chairman ART GRAHAM GARY F. CLARK ANDREW GILES FAY GABRIELLA PASSIDOMO FINAL ORDER APPROVING STIPULATIONS BY THE COMMISSION: APPEARANCES: CHRISTOPHER T. WRIGHT and JOEL T. BAKER, ESQUIRES, 700 Universe Blvd., Juno Beach, Florida 33408 On behalf of Florida Power & Light Company (FPL). WALT TRIER WEILER, Public Counsel, CHARLES REHWINKEL, and PATRICIA A. CHRISTENSEN, ESQUIRES, Office of Public Counsel, c/o The Florida Legislature, 111 W. Madison Street, Room 81 2, Tallahassee, Florida 32399 On behalf of Office of Public Counsel (OPC). STEPHANIE U. EA TON, ESQUIRE, Spilman, Thomas & Battle, PLLC, 110 Oakwood Drive, Suite 500, Winston-Salem , North Carolina 27103 On behalf of Wal mart, Inc. (Wal mart). DERRICK PRICE WILLIAMSON and STEVEN W. LEE, ESQUIRES, Spilman, Thomas & Battle, PLLC, 1100 Bent Creek Blvd., Suite 101 , Mechanicsburg, Pennsylvania 17050 On behalf of Wal mart Inc. (Walmart). SHAW STILLER and DANIEL DOSE, ESQUIRES, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 On behalf of the Florida Public Service Commission (Staff).
ORDER NO. PSC-2024-0227-S-EI DOCKET NO. 20230017-EI PAGE2 MARY ANNE HELTON, ESQUIRE, Deputy General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard. Tallahassee, Florida 32399- 0850 Advisor to the Florida Public Service Commission. KElTJJ C. HETRICK, ESQUIRE, General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 Florida Public Service Commission General Counsel Background On January 23, 2023, Florida Power & Light Company (FPL of Company) filed a Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricanes Ian and Nicole. The petition was filed pursuant to the provisions of the Stipulation and Settlement Agreement approved by Final Order as a full resolution of FPL's most recent base rate case. 1 Under that Settlement and Final Order, FPL can begin recovery of storm costs 60 days following the filing of a petition for recovery. Tn its petition, FPL sought authority to implement an interim storm restoration recovery surcharge to recover an estimated total of$ l.3 bi II ion for incremental restoration costs related to Hun-icanes Ian and Nicole and to replenish the storm reserve to the pre-stonn level of $219.9 million. FPL also prepared an alternate storm charge calculation seeking authority to implement an interim storm restoration recovery charge to recover an estimated total of $1.5 billion. This alternate calculation combines the incremental restoration costs related to Hurricanes Ian and Nicole with the remaining amounts to be collected for Hurricanes Michael. Sally, and Zeta, which we previously approved for recovery by Gulf Power Company, 2 and to replenish the storm reserve. We granted FPL's petition by Order No. PSC-2023-0110-PCO-EI, issued March 3, 2023, and approved a consolidated interim stonn surcharge using FPL 's alternate stmm charge calculation to cover restoration costs and to replenish the stonn reserve. We ordered that this docket remain open pending final disposition (true-up) of storm costs. On July 28, 2023, FPL filed in this docket a petition for a temporary waiver of or variance from Rule 25-6.0143( l)(g), Florida Administrative Code. FPL requested a waiver of the portion of this Rule that required it to file its petition and documentation concerning disposition of deferred storm costs related to Hu1Ticanes Ian and Nicole not later than September 30, 2023. FPL requested that it be allowed until December 31, 2023, to file its petition and supporting documentation. By Order PSC-2023-0298-PAA-EI, issued October 2, 2023, we granted FPL's petition and established December 31, 2023, as the Company's filing deadline. On September 5, 2023, FPL filed a supplemental petition to reduce the interim storm surcharge based on its internal review and finalization of the invoices and storm costs associated 1Order No. PSC-2021-0446-S-El, issued December 2, 2021, in Docket No. 202100 15-EI, In re: Petition for rate increase by Florida Power & Light Compm~y. 2 Order No s. PSC-2019-0221-PCO-EI and PSC-2022-0406-FOF-EI.
ORDER NO. PSC-2024-0227-S-EI DOCKET NO. 20230017-EI PAGE3 with Hurricanes Ian and Nicole. As a result of this internal process, the estimated incremental storm restoration cost related to the two storms decreased from the original estimate of $1.3 billion to $1.1 billion. Thus, the total estimate reflected in the alternative storm charge calculation decreased from $ 1.5 billion to $1.3 billion. FPL proposed amended (reduced) interim storm restoration charges applicable to all rate classes, effective with the first billing cycle of .January 2024 and continuing through March 2024, subject to a final true-up. We approved FPL's petition and reduced the interim storm surcharge by Order No. PSC-2023-0354-P AA-EI, issued November 27, 2023. On ovember 17, 2023, FPL filed a petition for approval or actual incremental storm restoration costs association with HuiTicanes Ian and Nicole and associated true-up process. On December 14 , 2023, Order No. PSC-2023-0372-PCO-EI was issued. establishing controlling dates for this proceeding and scheduling an administrative hearing on this petition for June I 8- 20, 2024. We acknowledged intervention by the Office of Public Counsel (OPC) in this docket by Order No. PSC-2023-0081-FOF-EI, issued February 10. 2023. Interventi on was granted to Walmart, Inc. (Walmart) by Order No. PSC-2023-0381-PCO-EI, issued December 20, 2023. We denied the petition for intervention by Jet Blast, Inc. , filed May 8, 2024, by Order No. PSC- 2023-0186-PCO-El, issued Jw1e 7, 2024. As part of its Prehearing Statement filed June 4, 2024, FPL submitted a set of Stipulations reached between the Company and OPC as a full and complete resolution of all disputed issues in this proceeding. OPC confirmed in its Prehearing Statement ··that these stipulations are reasonable and prudent resolutions to the issues and are in the public interest.'· A true and correct copy of the Stipulations is appended to this Order as Attachment A. At the prehearing on June 11 , 2024, Walmart stated that it joined in several of the Stipulations between OPC and FPL , and objected to none. Walma11, OPC, and FPL confirmed to the Prehearing Officer that Commission approval of the proposed Stipulations would constitute a full and complete resolution of all disputed issues in this proceeding, and that a separate vote on the fifteen issues identified in the Prehearing Statement would not be necessary. Walmart committed to submit an appropriate tiling to memorialize in writing its position on the Stipulations. The Prehearing Officer then excused Walmart from attendance at the final hearing. On June 12, 2024, a document titled "Walmart Acceptance of Certain Stipulations" was filed along with the Stipulations previously agreed to by FPL and OPC. Consistent with the representations at the Prehearing Conference, the stated purpose of the Acceptance is to evidence Walmart 's ··acceptance and agreement with paragraphs 1-4 and 12-13 of the Stipulations.'' Walmart further represented in the Acceptance that it does not object to and takes no position regarding paragraphs 5-11 and 14-16 of the Stipulations. A copy of Walmart 's Acceptance is appended to this Order as Attachment B. On June 18 , 2024, we conducted an administrative hearing for this docket. The prefiled testimony of FPL Witnesses .Tarro , Ferguson, De Lucenay. and Cohen, and PSC staff Witness Ngo were admitted into the record. Exhibits 1-24 on the Comprehensive Exhibit list were also admitted into the record without objection. As set forth below , at the June 18, 2024 hearing, we
ORDER NO. PSC-2024-0227-S-EI DOCKET NO. 20230017-EI PAGE4 voted to approve all of the stipulations set forth below, thereby resolving all outstanding issues for each party in this docket. We have jurisdiction pursuant to Sections 366.04, 366.05, 366.06 and 366.076, Florida Statutes. Decision The parties proposed Type 1 or Type 2 stipulations to resolve all issues. A Type 1 stipulation occurs on an issue where the utility and intervenors agree on the resolution of the issue. A Type 2 stipulation occurs on an issue when the utility and staff, or the utility and at least one party adversarial to the utility, agree on the resolution of the issue and the remaining parties (including staff if they do not join in the agreement) do not object to the Commission relying on the agreed language to resolve that issue in a final order. Paragraphs 1-4 and 12-13 of the Stipulations are subject to Type 1 stipulations among all three parties. Paragraphs 5-11 and 14-16 of the Stipulations are subject to Type 2 stipulations. All Stipulations are supported by the record and consistent with controlling law. The stipulations proposed by the parties are the result of negotiations between FPL, OPC. and Walmart and benefit FPL's customers by establishing an ongoing, continuous storm restoration process improvement plan that results in current and future customers only paying for prudent, cost- effective storm restoration costs incuJTed due to extreme weather events. We find that approval of the stipulations is in the public interest and supported by the evidence entered at the hearing. Accordingly, we approve the Stipulations as listed in Attachment A and B to this Order as a full and complete resolution of this proceeding. Consistent with the Stipulations, we grant our staff authority to review and approve FPL's true-up compliance filing and revised tariff, and to administratively close this docket once these tasks are complete. We further grant our staff the administrative authority to cancel the tariff upon completion of the true-up process. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that the stipulations, attached hereto as Attachment A and B, and all findings and rulings herein are hereby approved. It is further ORDERED that each party to this docket shall abide by the stipulations, findings, and rulings herein which are applicable to it. lt is further ORDERED that Commission staff shall administratively cancel the tariff upon confirmation that the true-up process is complete. It is further ORDERED that this docket shall be closed administratively once the true-up comp li ance filing and revised tariff have been received, reviewed, and approved by Commission staff.
ORDER NO. PSC-2024-0227-S-EI DOCKET NO.20230017-EI PAGES By ORDER of the Florida Public Service Commission this 8th day of July. 2024. DD Commissi Florida P lie 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. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569( 1), Florida Statutes, to notify pa11ies 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. Any pm1y adversely affected by the Commission's final action in this matter may request: I) reconsideration of the decision by filing a motion for reconsideration with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (15) days of the issuance of this order in the fonn prescribed by Rule 25-22.060, Florida Administrative Code: or 2) judicial review by the Florida Supreme Court in the case of a11 electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/ or wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure.
ORDER NO. PSC-2024-0227-S- EI Attachment A
DOCKET NO . 202300 17-EI
PAGE6
In re: In re: Petition for limited proceeding for
n:covcry ofincre1m:ntal stom1 restoration costs Docket No 20:230017-EI
relutcd to I lurricancs Ian and NicClle, by
Florida Power & Light Compa_n_,,_______.
STIPULATIONS
Florida Power & Light Company ("FPL" or the "Company.. ) and the Office of Public
Counsel (''OPC") (hcrcinaficr referred to individually as '·Pany.. or collectively as "Parties") herby
agree to submit for approval by the Florida Public Service Commission (''Commission") the
following stipulations to fully resolve th e Parties· respective issues in Docket No.20230017-EI on
the following tcmls and conditions:
I. fhc Parties stipulnte to having all pre-filed testimony and exhibits filed in this docket
entered into the record; spccilically the following:
a. The dirci.:t 1estimo ny of FPL witnesses Michael Jarro, along with Exhib1L~ MJ-
I through ~IJ-6;
b. ·1 he din~ct testimony offPL witness t\mber De Lucenay;
c. The direct testimony of FPL witness Kci1h Fergus(>n. along with Exhibits Kr-
I through KF-5;
d. ·n 1c direct 1estimony of Tiffany C. Cohen. along with Exhibit TCC-1; and
e. The direct testimony of Staff witness Yen Ngo, along with lxhibit YN-1.
2. The Parties agree to waive cross-examination of all witnesses and. upon Commission
approval. have no objecti on witnesses hcing excused from appearing at the hearing.
3. The Parties stipulate to having all FPL's responses to Staffs data requests entered into the
record.ORDER NO. PSC-2024-0227-S-EJ
DOCKET NO. 20230017- El
PAG E 7
Att a chm e nt A
4. The Parties stipulate to having all FPL responses to interrogatories and request:; tor
production of documents entered into the record.
5. The Parties stipulate and agree that the Incremental Cost and Capitalization Approach
prescribed in Rule 25-6.0143, Florida Administrative Code, is applicable lo determining
the reasonahle and prudent amounts to be included in FPL 's final Recoverable Stom1
Amount 1 to be approved in this docket.
6. The Panics stipulate and agree that the record supports a Commission finding that U1c tenns
of the Stipulation and Settlement ofFPI. 's I lurricanc lmrn storm restoration CMls approved
b) Commission Order No. PSC-20 I9-0319-S-EI in Docket No. 20180049-EI ("Irma
Sc11lemen1") have been satisfied and met.
7. The Parties stipulate and agrct: thm the record suppons a Commission finding that the
actual retail incremental stom1 restoration costs of S1,023.393 million associated with
Hurricane Ian. us shown in Exhibit Kf-1, were reasonable and prudent.
8. The Parties stipulate and agree that the record supports a Commission finding that the
actual retail incremental slonn restoration costs of S 118.4'.!J million associated with
I lurricanc Nicole, as shown in Exhibit KF-2, were reasonabk and prudent.
9. The Parties stipulate and agree that the record supports a Commission linding U1at FPL 's
iotnl Recoverable Storm Amount is $1,298.027 million. as shown on Exhibit KF-3.
1 The Recoverable Stonn Amount, upon whith lhc Consolidated Interim Storm Restoration Recovery Chnr&c
("Interim Stonn Charge") was based, includes: (i) the actual retail incr.:mcntol stom1 restoration co~ts associated with
llun-icanc Ian: (ii) the actual retail iucrcmcnLal ~tom1 rc~toration com associated with I lurricanc Nicole; (iii) the
rcplcnishmenl ofFPl.'s storm reserve in accordauce with Paragraph 10 oflhc Stipu lation ,ind Scukmcnl 3pprovcd in
Order No PSC-2021-0446-S-EI; and (iv) the remaining mnounts to be collected for Hurricanes Michael, Sally, and
/eta, which have been previously approved by the Com1111ss1on Order Nos. PSC-2020-0)49-S-1!1 and PSC-2022-
0406-FOF-F.1.
2ORDER NO. PSC-2024-0227-S-EI DOCKET NO. 20230017-Ef PAGES Attachment A I 0. The Parties stipuhite and agree that the record supports a Commission finding that FPL 's final Recoverable Storm Amount was calculated in compliance with the Incremental Cost and Capitalization Approach prescribed in Ruic 25-6.0143, f-lorida Administrative Code. 11. The Parties stipulate and agree that lhe record supports a Commission finding that the actual revenues collected under 1he Interim Storm Charge was $1,313.764 million, as shown on Exhibit TCC-1. 12. The Parties stipulate and agree that the record suppo11s a Commission finding that the one- time tnic-up methodology for the actual revenues collected under the Interim Storm Charge, as proposed in the direct testimon} off'PL witness Tiffany C. Cohen, is reasonable and appropriate. Specifically, the Parties agree that once the Commission has made its linal dctcm1inmion of the fina l actual Recoverable Stom1 Amount in this proceeding, FPL shall compare the approved Recoverable Swrm Amount to the actual total revenues collected from the Interim Stom1 Charge, as shown on Exhibit TCC-1. in order 10 determine any excess or shortfall in recovery. The Parties also agree that interest shall be applied 10 any excess or shortfall at the thirty-day commercial paper rate consistent with Ruic 25-6.109, rlorida Administraiiw Code. 13. The Purtics stipulate and agree that the record supports a Commission finding that FPL's proposal to make a compliance filing with 1hc Commission that sets forth the calculation of the appropriate true-up rates 10 apply to customer bills for a one-month period in order to refund the excess or collect the shortfall is reasonable and appropriate. Specifically. the Parties agree that the true-up rates shall be designed in a manner that is consistent with the cost allocation used for the Interim Storm Charge rates filed and approved in Order Nos. PSC-2023-0110-PCO-EI and PSC-2023-0354-PCO-EI. and that FPL shall apply the true- 3
ORDER NO. PSC-2024-0227-S-EI DOCKET NO. 20230017-EI PAG E 9 Attachment A up rates through the non-fuel energy charge on customers' bills starting on Cycle Day I of the first month that is more than thirty days after Commission approval. 14 . The Parties stipulate and agree that tl1e Commission should authorize its Staff to review and verify the final lnte-up rates contained in FPL's proposed compliance filing referenced in Paragraph 13 above. 15. The Parties stipulate and agree that the record supports a Commission finding that FPL 's proposal to notify customers or the change in their rates. due to the one-time true-up. at least thirty days in advance in the form of a message on their bill, with more detailed information regarding the revised Interim Storm Charge tariff provided on FPL's website, \\'\\" .I· Pl ..:nml rifu:J! . is reasonable and appropriate. 16. The Panics stipulate and agree that FPL will continue to implement and upJate the process provisions set forth in Sections 5 through 17 of the lm1a Settlement.
O RD ER NO . P SC - 202 4- 022 7 -S -EI DOCK ET N O. 202300 17-EI PAGE IO A tt ac hm e nt A In Witness Whereof, ~Pl and OPC evidence their acceptance and agreement with all provisions of these Stipulations by their signature. FLORfD A Pf VER & LIGH T COMPA NJ ' //,~' By· __ _,__ ____ ___ _ John T:Durnc11 Vice President and General Counsel Flprida Power & Light Compnny 7/JO Universe Boulevard Juno Beach, r-L 33408-0420 5 OF FI CE OF PU BLI C COUNSEL a,Wk~~ Walt 1 m:rwciler Public Counsel Office of Public CouMel 111 West \-1adison Street, Room 812 Tallahassee, FL 32399-1400
ORDER NO. PSC-2024-0227-S-EI Attachment B
DOCKET NO. 20230017-EI
PAG E 11
In re: In re : Petition for limited proceeding for
recoveryofincremental stonn restoration costs Docket No. 202300 17-EI
related to Hurricanes Jan and Nicole, by
Florida Power & Li ht Co m an
WA LMAR T ACCEPTANCE OF CE RT AIN STIPULATIONS
Without waiving its right to challenge rate design or cost allocation in future Dockets,
Walmart Inc. (''Walmart") hereby agrees to join paragraphs 1-4 and I2- 13 of the Sbpulations
between Florida Power & Light Company ("FPL'') and the Oflice of Public Co unsel ("OPC'')
originally pro\~ded as Attachment A to the Prehearing Statement submitted by FPL on JW1e 6,
2024 (hereinafter, the "Stipulations''). \Valma.rt herein affirms 11 takes no position and has no
objections to the remaining paragraphs of the Stipulations. \Valma.rt submits that, if approved by
the Florida Public Service Commission ('·Commission''), the Stipulations will fully resolve the
parties' respective issues in Docket No.20230017-EI.
In Witness Whereot: Walmart evidences its acceptance and agreement wiU1 paragraphs l-
4 and 12-13 of the Stipttlations by signature i ts COW1Sel, and takes no position on paragraphs 5-11
and 14-16 of the Stipulations.
WALMARTINC.
.. J
?511~ By _ ~=-----..::.-----
Stepharue U. Eaton
Florida Bar No. : 165610
SPILMAN THOMAS & BATTLE, PLL C
110 Oakwood Drive, Strite 500
Winston-Salem, NC 27 103
Counsel/or Walmarr Inc.Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.