Florida Public Service Commission native order document 07779-2024

Order No. PSC-2024-0259-PCO-WSFlapubserv

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FILED 7/23/2024
DOCUMENT NO. 07779-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Application for increase in water and
wastewater rates in Charlotte, Highlands,
Lake, Lee, Marion, Orange, Pasco, Pinellas,
Polk, and Seminole Counties, by Sunshine
Water Services Com a ny .
DOCKET NO. 20240068-WS
ORDER NO. PSC-2024-0259-PCO-WS
ISSUED: July 23, 2024
ORDER ESTABLISHING PROCEDURE
I. 	Case Background
Sunshine Water Services Company (Sunshine or Utility) is a Class A Utility that operates
27 water and wastewater facilities in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco,
Pinellas, Polk, and Seminole Counties. On April 19, 2024, Sunshine filed a letter, requesting
approval of a historic test year ending on December 31 , 2023 for purposes of establishing final
rates. Sunshine ' s test year request was approved on May 6, 2024 for the purposes of filing a rate
increase petition and Minimum Filing Requirement (MFRs). Based on its approved test year,
Sunshine filed a petition and MFRs on June 28, 2024.
This proceeding ha s been scheduled for an administrative hearing beginning on February
11 , 2025. February 12-13 , 2025 are reserved for continuation of the hearing if needed.
This Order is issued pursuant to the authority granted by Rule 28-106.211, Florida
Administrative Code (F.A.C.), which provides that the presiding officer before whom a case is
pending may issue any orders necessary to effectuate discovery, prevent delay, and promote the
just , speedy, and inexpensive determination of all aspects of the case.
II. 	General Filing Procedures
Filings pertaining to this docket must comply with Rule 28-106.104, F.A.C. Filing may be
accomplished electronically as provided in the Commission' s Statement of Agency Organization
and Operation and the E-Filing Requirements link, po sted on our website, www.tloridapsc.com.
If filing via mail, hand delivery, or courier service, the filing should be addressed to:
Office of Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
The Commission strongly encourages electronic filing, which is ava ilable from the
Commission' s Home Page under the Clerk' s Office menu and Electronic Filing web form. The
filing party is responsible for ensuring that no information protected by privacy or confidentiality
laws is contained in any electronic document. To the extent possible, when making an electronic
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filing, an electronic copy of all filings shall also be provided to parties and Commission staff in
Microsoft Word format and all schedules shall be provided in Microsoft Excel format with
formulas intact and unlocked.
III. 	Notice and Public Information
The Utility shall comply with the requirements of Rule 25-22.0407, F.A.C.
The notice required by Rule 25-22.0407, F.A.C., shall also include a statement that any
customer comments regarding the Utility's service or the proposed rate increase should be
addressed to the Commission Clerk, Office of Commission Clerk, Florida Public Service
Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, and that such
comments should identify the docket number assigned to this proceeding.
In addition to the requirements of Rule 25-22.0407, F.A.C., the Utility shall give written
notice of the date, time, location, and purpose of the hearing to each of its customers no less than
14 days and no more than 30 days prior to the first day of the hearing. The Utility shall utilize first
class mail for notices sent to customers with out-of-town mailing addresses.
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 IX 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 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;
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(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
Discovery shall be conducted in accordance with the provisions of Chapter 120, Florida
Statutes (F.S.), and the relevant provisions of Chapter 366, F.S.; Rules 25-22, 25-40, and 28-106,
F.A.C., and the Florida Rules of Civil Procedure (as applicable), as modified herein or as may be
subsequently modified by the Prehearing Officer.
Unless subsequently modified by the Prehearing Officer, the following shall apply:
(1) 	Discovery shall be completed by January 16, 2025.
(2) 	Discovery requests and responses shall be served by e-mail, hand delivery, or
overnight mail, and electronic service is encouraged. Discovery served via e-mail
shall be limited to 5 MB per attachment, shall indicate how many e-mails are being
sent related to the discovery (such as 1 of 6 e-mails), and shall be numbered
sequentially. 	Documents provided in response to a document request may be
provided via a CD, DVD, or flash drive if not served electronically.
(3) 	Each electronic discovery response shall be given a separate electronic file name
that is no longer than 60 characters.
(4) 	Sets of interrogatories, requests for admissions, requests for production of
documents, or other forms of discovery shall be numbered sequentially in order to
facilitate identification.
(5) 	Within each set, discovery requests shall be numbered sequentially, and any
discovery requests in subsequent sets shall continue the sequential numbering
system.
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(6) 	Discovery responses shall be served within 20 days (inclusive of mailing) of receipt
of the discovery request. For discovery requests related to matters addressed in the
Utility’s rebuttal testimony, discovery responses shall be served within 7 days of
receipt of the discovery request.
(7) 	Each page of every document produced pursuant to requests for production of
documents shall be identified individually through the use of a Bates Stamp or other
equivalent method of sequential identification. 	Parties should number produced
documents in an unbroken sequence through the final hearing.
(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.
(9) 	Parties shall file in the Commission Clerk’s Office a notice of service of any
interrogatories or requests for production of documents propounded and associated
responses in this docket, giving the date of service and the name of the party to
whom the discovery was directed.
Unless subsequently modified by the Prehearing Officer, the following shall apply:
(1) 	Interrogatories, including all subparts, shall be limited to 500.
(2) 	Requests for production of documents, including all subparts, shall be limited to
500.
(3) 	Requests for admissions, including all subparts, shall be limited to 500.
When a discovery request is served and the respondent intends to seek clarification of any
portion of the discovery request, the respondent shall request such clarification within 5 days of
service of the discovery request. For discovery requests served after the date for rebuttal testimony,
such clarification must be requested within 2 days. This procedure is intended to reduce delay in
resolving discovery disputes.
B. 	Confidential Information Provided Pursuant to Discovery
Any information provided to the Commission staff pursuant to a discovery request by the
staff or any other person and for which proprietary confidential business information status is
requested pursuant to Section 367.156, F.S., and Rule 25-22.006, F.A.C., shall be treated by the
Commission as confidential. 	The information shall be exempt from Section 119.07(1), F.S.,
pending a formal ruling on such request by the Commission or pending return of the information
to the person providing the information. If no determination of confidentiality has been made and
the information has not been made a part of the evidentiary record in this proceeding, it shall be
returned to the person providing the information. If a determination of confidentiality has been
made and the information was not entered into the record of this proceeding, it shall be returned
to the person providing the information within the time period set forth in Section. 367.156(4),
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F.S. The Commission may determine that continued possession of the information is necessary for
the Commission to conduct its business.
Redacted versions of confidential filings may be served electronically, but in no instance
may confidential information be electronically submitted. 	If the redacted version is served
electronically, the confidential information (which may be on a CD, DVD, or flash drive) shall be
filed with the Commission Clerk via hand-delivery, U.S. Mail, or overnight mail on the day that
the redacted version was served via e-mail.
When a person provides information that it maintains as proprietary confidential business
information to the Office of Public Counsel pursuant to a discovery request by the Office of Public
Counsel or any other party, that party may request a temporary protective order pursuant to Rule
25-22.006(6)(c), F.A.C., exempting the information from Section 119.07(1), F.S.
When a party other than the Commission staff or the Office of Public Counsel requests
information through discovery that the respondent maintains as proprietary confidential business
information, or when such a party would otherwise be entitled to copies of such information
requested by other parties through discovery (e.g., interrogatory responses), that party and
respondent shall endeavor in good faith to reach agreement that will allow for the exchange of
such information on reasonable terms, as set forth in Rule 25-22.006(7)(b), F.A.C.
VI. 	Prehearing Procedures
A. 	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, a hearing on the settlement, and a post-hearing decision.
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 367.081(6),, 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, conduct a hearing, and render a post-
hearing decision on the settlement.
B. 	Prehearing Statements
All parties in this docket and the Commission staff shall file a Prehearing Statement
pursuant to the schedule set forth in Section IX of this Order. Each Prehearing Statement shall be
filed with the Office of Commission Clerk by 5:00 p.m. on the date due. A copy, whether paper
or electronic, of the Prehearing Statement shall be served on all other parties and staff no later than
the date it is filed with the Commission.
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Each party’s Prehearing Statement shall set forth the following information in the sequence
listed below:
(1) 	The name of all known witnesses whose testimony has been prefiled or who
may be called by the party, along with subject matter of each such witness’
testimony and the corresponding issue numbers in the following format:
All Known Witnesses:
Witness 	Subject Matter 	Issue #
Direct
John Smith 	Subject . . . 	1, 3-5
(2) 	A description of all prefiled exhibits and other exhibits that may be used by
the party in presenting its direct case (including individual components of a
composite exhibit) and the witness sponsoring each in the following format:
All Known Exhibits:
Witness 	Proffered By 	Exhibit
No.
Description 	Issue #
Direct
John Smith 	Party/Utility
Name
ABC-1 	Title ...... 	1, 3-5
(3) 	A statement of the party’s basic position in the proceeding;
(4) 	A statement of each question of fact, question of law, and policy question
that the party considers at issue, along with the party’s position on each
issue, and, where applicable, the names of the party's witness(es) who will
address each issue. Parties who wish to maintain “no position at this time”
on any particular issue or issues should refer to the requirements of
subsection C, below;
(5) 	A statement of issues to which the parties have stipulated;
(6) 	A statement of all pending motions or other matters the party seeks action
upon;
(7) 	A 	statement 	identifying 	the 	party’s 	pending 	requests 	or 	claims 	for
confidentiality;
(8) 	Any objections to a witness’ qualifications as an expert. The objection shall
identify each witness the party wishes to voir dire as well as state with
specificity the portions of that witness’s prefiled testimony, by page and line
number, and/or exhibits, by page and line number, to which the party
objects. 	Failure to specifically identify the portions of the prefiled
testimony or exhibits to which the party objects will result in restriction of
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a party’s ability to conduct voir dire absent a showing of good cause at the
time the witness is offered for cross-examination at hearing;
(9) 	A request for sequestration of witnesses, so any such request may be
resolved by the Prehearing Officer prior to the hearing. 	Failure to make
such a request shall constitute a waiver of the right to request sequestration
of witnesses absent a showing of good cause; and
(10) 	A statement as to any requirement set forth in this order that cannot be
complied with, and the reasons therefore.
Failure of a party to timely file a Prehearing Statement shall be a waiver of any issue not
raised by other parties or by the Commission. 	In addition, such failure shall preclude the party
from presenting testimony in support of its position on each such issue.
C. 	Attendance at Prehearing Conference
Pursuant to Rule 28-106.209, F.A.C., a Prehearing Conference will be held January 23,
2025, at the Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. Unless
excused by the Prehearing Officer for good cause shown, each party (or designated representative)
shall personally appear at the Prehearing Conference. 	Failure of a party (or that party’s
representative) to appear shall constitute waiver of that party’s issues and positions, and that party
may be dismissed from the proceeding.
D. 	Waiver of Issues
Any issue not raised by a party either before or during the Prehearing Conference shall be
waived by that party, except for good cause shown. A party seeking to raise a new issue after the
Prehearing Conference shall address each of the following:
(1) 	Whether the party was unable to identify the issue because of the complexity of the
matter;
(2) 	Whether discovery or other prehearing procedures were not adequate to fully
develop the issue;
(3) 	Whether due diligence was exercised to obtain facts touching on the issue;
(4) 	Whether information obtained subsequent to the Prehearing Conference was not
previously available to enable the party to identify the issue; and
(5) 	Whether introduction of the issue would not be to the prejudice or surprise of any
party.
Specific reference shall be made to the information received and how it enabled the party to
identify the issue.
Unless a matter is not at issue for that party, each party shall take a position on each issue
by the time of the Prehearing Conference or by such later time as may be permitted by the
Prehearing Officer. If a party is unable through diligence and good faith efforts to take a position
on a matter at issue for that party, it shall explicitly state in its Prehearing Statement why it cannot
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take a position. If the Prehearing Officer finds that the party has acted diligently and in good faith
to take a position, and further finds that the party’s failure to take a position will not prejudice
other parties or confuse the proceeding, the party may maintain “no position at this time” prior to
hearing and thereafter identify its position in a post-hearing statement of issues. In the absence of
such a finding by the Prehearing Officer, the party shall have waived the entire issue, and the
party’s position shall be shown as “no position” in the Prehearing Order. A party who takes no
position on an issue by the time of the Prehearing Conference, or by such later time as may be
permitted by the Prehearing Officer, waives its opportunity to conduct cross-examination on the
issue as well as file a post-hearing brief on the issue. Commission staff may take “no position at
this time” or a similar position on any issue without having to make the showing described above
and without waiver of cross-examination.
E. 	Motions to Strike Prefiled Testimony and Exhibits
Motions to strike any portion of the prefiled testimony and related portions of exhibits of
any witness shall be made in writing no later than seven days prior to the Prehearing Conference,
and identify with specificity the page and line numbers of the information to be stricken. Motions
to strike any portion of prefiled testimony and related portions of exhibits at hearing shall be
considered untimely, absent good cause shown.
F. 	Demonstrative Exhibits
If a party wishes to use a demonstrative exhibit or other demonstrative tools at hearing,
such materials must be identified by the time of the Prehearing Conference.
G. 	Provision of Exhibits
No later than 7 days before hearing, 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 converted to Adobe
portable document format (pdf) and provided to the Commission as a separate electronic file. Any
ORDER NO. PSC-2024-0259-PCO-WS
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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.
All non-confidential exhibits 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 all exhibits 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.
H. 	Official Recognition
Parties seeking official recognition of materials pursuant to Section 120.569(2)(i), F.S.,
shall notify all other parties and Commission staff in writing no later than 2 business days prior to
the first scheduled hearing date. Such notification shall identify all materials for which the party
seeks official recognition, and such materials shall be provided along with the notification.
I. 	Use of Depositions at Hearing
Absent agreement by all parties concerning the introduction of depositions into the record
at the hearing, any party wishing to introduce all or part of a deposition at hearing for any purpose
other than impeachment, must file a Notice of Intent to Use Deposition no later than the last day
to conduct discovery in this docket as set forth in Section IX this Order. The Notice shall include
the following information for each deposition:
(1) Name of witness deposed;
(2) Date deposition was taken; and
(3) Page and line numbers of each deposition the party seeks to introduce, when available.
Objection(s) to the entry into the record of a deposition or portion thereof at hearing for
purposes other than impeachment must be made in writing within three days of filing a Notice of
Intent to use Deposition for resolution by the Prehearing Officer.
VII. 	Hearing Procedures
A. 	Attendance at Hearing
Unless excused by the Presiding Officer for good cause shown, each party (or designated
representative) shall personally appear at the hearing. 	Failure of a party, or that party’s
representative, to appear shall constitute waiver of that party’s issues, and that party may be
dismissed from the proceeding.
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Likewise, all witnesses are expected to be present at the hearing unless excused by the
Presiding Officer upon the staff attorney’s confirmation prior to the hearing date of the following:
(1) 	All parties agree that the witness will not be needed for cross examination.
(2) 	All Commissioners assigned to the panel do not have questions for the witness.
In the event a witness is excused in this manner, his or her testimony may be entered into
the record as though read following the Commission’s approval of the proposed stipulation of that
witness’s testimony.
B. 	Cross-Examination
The parties shall avoid duplicative or repetitious cross-examination. 	Further, friendly
cross-examination will not be allowed. Cross-examination shall be limited to witnesses whose
testimony is adverse to the party desiring to cross-examine. Any party conducting what appears
to be a friendly cross-examination of a witness should be prepared to indicate why that witness’s
direct testimony is adverse to its interests.
During cross-examination, if a witness (or their counsel) responds (or objects) to a relevant
question by referring the question to another party witness, the counsel who is sponsoring the
current witness shall confirm the identity of the appropriate party witness who can more fully
address the question.
Each party shall be required to provide by a time certain and in a manner to be announced
at a later date, all exhibits (whether for substantive, corroborative, impeachment, or rebuttal
purposes, including deposition transcripts that may be used for impeachment) reasonably expected
or intended to be offered at the hearing.
C. 	Use of Confidential Information at Hearing
It is the policy of this Commission that all Commission hearings be open to the public at
all times. The Commission also recognizes its obligation pursuant to Section 367.156 F.S., to
protect proprietary confidential business information from disclosure outside the proceeding.
Therefore, any party wishing to use at the hearing any proprietary confidential business
information, as that term is defined in Section 367.156, F.S., shall adhere to the following:
(1) 	When confidential information is used in the hearing that has not been filed as
prefiled 	testimony 	or 	prefiled 	exhibits, 	parties 	must 	have 	copies 	for 	the
Commissioners, necessary staff, and the court reporter, in red envelopes clearly
marked with the nature of the contents. 	Any party wishing to examine the
confidential material that is not subject to an order granting confidentiality shall be
provided a copy in the same fashion as provided to the Commissioners, subject to
execution of any appropriate protective agreement with the owner of the material.
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(2) 	Counsel and witnesses are cautioned to avoid verbalizing confidential information
in such a way that would compromise confidentiality. 	Therefore, confidential
information should be presented by written exhibit when reasonably possible.
At the conclusion of that portion of the hearing that involves confidential information, all
copies of confidential exhibits shall be returned to the proffering party. If a confidential exhibit
has been admitted into evidence, the copy provided to the court reporter shall be retained in the
Office of Commission Clerk’s confidential files. If such information is admitted into the
evidentiary record at hearing and is not otherwise subject to a request for confidentiality filed with
the Commission, the source of the information must file a request for confidential classification of
the information within 21 days of the conclusion of the hearing, as set forth in Rule 25-
22.006(8)(b), F.A.C., if continued confidentiality of the information is to be maintained.
VIII. 	Post-Hearing Procedures
If the Commission (or assigned panel) does not render a bench decision at the hearing, it
may allow each party to file a post-hearing statement of issues and positions pursuant to the
schedule set forth in Section IX this Order. In such event, a summary of each position of no more
than 75 words, set off with asterisks, shall be included in that statement. If a party’s position has
not changed since the issuance of the Prehearing Order, the post-hearing statement may simply
restate the prehearing position. However, the position must be reduced to no more than 75 words.
If a post-hearing statement is required and a party fails to file in conformance with Rule 28-
106.215, F.A.C., that party shall have waived all issues and may be dismissed from the proceeding.
Further, pursuant to Rule 28-106.215, F.A.C., a party’s proposed findings of fact and
conclusions of law, if any, statement of issues and positions, and brief, shall together total no more
than 50 pages and shall be filed at the same time, unless modified by the Presiding Officer.
IX. 	Controlling Dates
The following dates have been established to govern the key activities of this case:
(1) 	Utility’s testimony and exhibits 	June 28, 2024
(2) 	Intervenors’ testimony and exhibits 	October 31, 2024
(3) 	Staff’s testimony and exhibits, if any 	November 7, 2024
(4) 	Rebuttal testimony and exhibits 	December 5, 2024
(5) 	Prehearing Statements 	January 2, 2025
(6) 	Discovery deadline 	January 16, 2025
(7) 	Prehearing Conference 	January 23, 2025
(8) 	Provision of Exhibits 	February 3, 2025
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(9) 	Hearing 	February 11-13, 2025
(10) 	Briefs 	March 14, 2025
In addition, all parties should be on notice that the Prehearing Officer may exercise the
discretion to schedule additional Prehearing Conferences or meetings of the parties as deemed
appropriate. Such meetings will be properly noticed to afford the parties an opportunity to attend.
Based upon the foregoing, it is
ORDERED by Commissioner Andrew Giles Fay, as Prehearing Officer, that the provisions
of this Order shall govern this proceeding unless modified by the Commission.
By ORDER of Commissioner Andrew Giles Fay, as Prehearing Officer, this 23rd day of
July, 2024.
ANDREW GILES FAY
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.
RPS
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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.

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