Florida Public Service Commission native order document 03260-2024

FILED 5/17/2024
DOCUMENT NO. 03260-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric
conservation goals (Florida Power & Light
Company).
In re: Commission review of numeric
conservation goals (Duke Energy Florida,
LLC).
In re: Commission review of numeric
conservation goals (Tampa Electric Company).
In re: Commission review of numeric
conservation goals (Florida Public Utilities
Company).
In re: Commission review of numeric
conservation goals (JEA).
In re: Commission review of numeric
conservation goals (Orlando Utilities
Commission).
DOCKET NO. 20240012-EG
DOCKET NO. 20240013-EG
DOCKET NO. 20240014-EG
DOCKET NO. 20240015-EG
DOCKET NO. 20240016-EG
DOCKET NO. 20240017-EG
ORDER NO. PSC-2024-0159-PCO-EG
ISSUED: May 17, 2024
FIRST ORDER MODIFYING ORDER ESTABLISHING PROCEDURE
By Order No . PSC-2024-0022-PCO-EG, the Order Establishing Procedure (OEP), issued
on January 23, 2024, hearing procedures were established to govern these dockets, 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 V, VI, and X of the OEP are modified as reflected in bold type below,
and new subsections H. and I. are added to Section VII as reflected below:
V. 	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

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regular mail, overnight mail, or hand delivery to all other parties and staff 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 may 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 (pdf) 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 inches. 	If filing paper copies of the testimony, all pages shall be filed on white,
unglossed, three-holed paper and shall be unbound and without tabs.
Each exhibit sponsored by a witness in support of his or her prefiled testimony shall be:
(1) 	Attached to that witness’ testimony when filed;
(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.
VI. 	Discovery Procedures
A. 	General Requirements
The portion in bold type reflects the only modification to this section of the order.

ORDER NO. PSC-2024-0159-PCO-EG
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(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.
VII. 	Prehearing Procedures
H. 	Settlements
Section 120.57(4), F.S., recognizes that settlement agreements are a viable way to
resolve disputes among parties. 	The Commission has a history of considering settlements
between parties, but there must be sufficient time for our review. Accordingly, parties are
encouraged to file comprehensive settlements as soon as practicable before the scheduled
start date of the evidentiary hearing to allow time for discovery and a hearing on the
settlement. 	Submittal of a settlement at least 6 weeks before the scheduled evidentiary
hearing will avoid the possibility of the petitioning utility exercising its right to implement
rates as filed at the conclusion of the 8-month clock under Section 366.06(3), F.S., or the
need for the utility to waive the 8-month clock. 	Nothing herein is intended to limit the
timing of the submittal of a settlement by parties, even a settlement submitted post-hearing.
However, regardless when a settlement is filed, the Commission will set aside sufficient
time to review and conduct a hearing on the settlement.
I. 	Provision of Exhibits
By July 19, 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
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

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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.
X. 	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) 	Utility’s testimony and exhibits 	April 2, 2024
(2) 	Intervenors’ testimony and exhibits 	June 5, 20241
(3) 	Staff’s testimony and exhibits, if any 	June 5, 2024
(4) 	Rebuttal testimony and exhibits 	July 1, 2024
(5) 	Prehearing Statements 	July 9, 2024
(6) 	Discovery deadline 	July 17, 2024
(7) 	Provision of Exhibits 	July 19, 2024
(8) 	Prehearing Conference 	July 23, 2024
(9) 	Hearing 	August 6-9, 2024
(10) 	Briefs 	September 12, 2024
1 The controlling date for Intervenors’ testimony and exhibits is modified pursuant to Order No. PSC-2024-0157-
PCO-EG, issued on May 16, 2024.

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Based on the foregoing, it is
ORDERED by Commissioner Art Graham, as Prehearing Officer, that Order No. PSC-
2024-0022-PCO-EG is modified as set forth in the body of this order. It is further
ORDERED that Order No. PSC-2024-0022-PCO-EG is reaffirmed in all other respects.
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 17th day of May,
2024.
/s/ Art Graham
ART GRAHAM
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.
JHR

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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.