Florida Public Service Commission native order document 02827-2024

FILED 5/7/2024
DOCUMENT NO. 02827-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy 	DOCKET NO . 20240025-EI
Florida, LLC. 	ORDER NO. PSC-2024-0145-PCO-EI
ISSUED: May 7, 2024
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ORDER GRANTING OFFICE OF PUBLIC COUNSEL'S
MOTION TO ENLARGE DISCOVERY
On April 11 , 2024, Order Establishing Procedure No. PSC-2024-0092-PCO-EI issued in
this docket and established the controlling dates and procedures for this docket. Among other
provisions, the order provided that, unless sub sequently modified by the Prehearing Officer, the
number of interrogatories, including all subparts, shall be limited to 500.
On April 29, 2024, the Office of Public Counsel (OPC) filed an Expedited Motion to
Enlarge Discovery (Motion). OPC states that on April 29, 2024, Duke Energy Florida, LLC
(Duke) informed OPC that, by Duke 's count, OPC has exceeded the 500 interrogatory limitation
established by Order No . PSC-2024-0092-PCO-EI. In its Motion, OPC contends that it has been
as proactive and efficient as possible in propounding interrogatories to Duke. However, OPC
states that this case exceeds all of Duke ' s historical requests in terms of magnitude and scope of
issues and is an evolving, complex matter. OPC therefore requests that the interrogatory limit
established in Order No. PSC-2024-0092-PCO-EI be raised from 500 to 1,000, or alternatively,
that the limit be removed entirely. OPC represe nt s that all intervenors either support or do not
object to the Motion.
On April 30 , 2024, Duke timely filed a Response to the Motion requesting that OPC 's
request for unlimited discovery be denied. However, Duke does not object to OP C being granted
additional interrogatories to the extent determined by the Prehearing Officer. Finally, Duke
requests that the expansion of the interrogatories be limited to OPC.
Rule 1.340(a) of the Florida Rules of Civil Procedure limits parties to 30 interrogatories,
including subparts, unless a party moves to exceed that number and demonstrates good cause.
This Commission permits parties to exceed that number when the scope of a proceeding is
complex. Given the volume and complexity of Duke' s application, OP C' s Motion to Enlarge
Discovery is hereby granted. The limit on interrogatories, including all subparts, for OPC shall
be increased to 1,000.
Based on the foregoing, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the Office
of Public Counsel' s Motion to Enlarge Discovery is hereby granted as set forth herein. It is
further
ORDERED that Order No. PSC-2024-0092-PCO-EI is reaffirmed in all other aspects.

7th
May 2024
PSC-2024-0145-PCO-EI	ORDER NO.
DOCKET NO. 20240025-EI
PAGE2
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this _ 	_ 	day
of __ _ ____,
MRT
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.
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 r eview 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 substantiaJly interested person's right to a hearing.
Any 	party 	adversely 	affected 	by 	this 	order, 	which 	is 	preliminary, 	procedural 	or
intermediate in nature, may request: ( l) reconsideration within l 0 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 util ity. 	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.