Florida Public Service Commission native order document 07472-2024

FILED 7/11/2024
DOCUMENT NO. 07472-2024
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-2024-0234-PCO-EI
ISSUED: July 11, 2024
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ORDER GRANTING JOINT MOTION TO SUSPEND PROCEDURAL SCHEDULE
On July 8, 2024, Duke Energy Florida, LLC (DEF) and Citizens of the State of Florida
through the Office of Public Counsel (OPC) filed a Joint Motion to Suspend Procedural
Schedule. In the Joint Motion, DEF and OPC (Joint Parties) represent that they have reached an
agreement in principle to resolve all issues in this docket. The Joint Parties further state that they
and several other parties to this docket "have committed to working together to draft a formal
Settlement Agreement that memorializes all aspects of the agreement in principle between the
Joint Parties." The Joint Parties aver that they intend to submit the Settlement Agreement in time
for it to be considered by the Commission during the two-week period currently set aside for the
final hearing (August 12-16 and August 19-23).
In order to focus on finalizing and filing the proposed Settlement Agreement, the Joint
Parties request that the Commission "s uspend all pending hearings, deadlines, and other matters
in this docket (including di scovery not related to the Settlement Agreement) ...." EVGo
Services, LLC, and Southern Alliance for Clean Energy, do not oppose the Joint Motion.
Americans for Affordable Clean Energy, Inc ., Circle K Stores, Inc ., RaceTrac Inc., Wawa, Inc.
and the Sierra Club take no position. All other intervenors support the Joint Motion.
Decision
The general process a nd timing for filing a settlement agreement for consideration by the
Commission is set forth in Section VI(A) of the Order Establishing Procedure (OEP) titled
"Prehearing Procedures." Importantly for purposes of this Order, the OEP provides that the
parties should file a settlement "as soon as practicable to allow time for discovery, a hearing on
the settlement, and a post-hearing decision." This process and the Commission 's decision on the
request for a rate increase must also be made in compliance with the statutory time frames under
Section 366.06(3), Florida Statutes (F .S.).
The unopposed relief requested by the Joint Parties is reasonable, is intended to promote
the just, speedy, and inexpensive determination of this proceeding, 1 and is hereby granted. To the
extent specifically set forth below, all pending discovery, scheduled hearings, and other matters
shall be suspended.2 This suspension is temporary a nd sha ll be lifted as necessary to ensure a
sufficient time for the Commission to make its decision consistent with the statutory time frame
1 Rule 28-106.211 , Florida Administrative Code (F .A.C.).
2 Because the deadlines for filing requests for confidential classification (RFCC) referenced in the OEP are codified
in Rule 25-22.006(3), F.A.C., they are unaffected by this Order.

ORDER NO. PSC-2024-0234-PCO-EI
DOCKET NO. 20240025-EI
PAGE 2
in Section 366.06(3), F.S. A separate order will be issued establishing the appropriate process
and controlling dates that will govern this proceeding.
Therefore, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the Joint
Motion to Suspend Procedural Schedule is granted. It is further,
ORDERED that all controlling dates in Section IX of the Order Establishing Procedure are
suspended until further order of the Prehearing Officer. It is further,
ORDERED that no new discovery shall be propounded or depositions set until further
order of the Prehearing Officer. It is further,
ORDERED that all deadlines seeking clarification, filing responses, and objecting to any
pending discovery, as well as those for filing motions to strike and filing notices of intent to use
depositions, are suspended until further order of the Prehearing Officer. It is further,
ORDERED that if an executed Settlement Agreement has not been filed in this docket by
July 17, 2024, the Joint Parties shall file a detailed Status Report.
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this 11th day
of July, 2024.
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.
SPS

ORDER NO. PSC-2024-0234-PCO-EI
DOCKET NO. 20240025-EI
PAGE 3
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.