Florida Public Service Commission native order document 02641-2023

Order No. PSC-2023-0128-PCO-GUFlapubserv

Gesamter Gesetzestext

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Peoples Gas
System, Inc.
Petition for approval of 2022 depreciation
study, by Peoples Gas System.
Petition for approval of depreciation rate and
subaccount for renewable natural gas facilities
leased to others, by Peoples Gas System.
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
ORDER NO. PSC-2023-0128-PCO-GU
ISSUED: April 12, 2023
ORDER ESTABLISHING PROCEDURE AND CONSOLIDATING DOCKETS
I. 	Case Background
On February 3, 2023, pursuant to Rule 25-7.140, Florida Administrative Code (F.A.C.),
Peoples Gas System, Inc. (PGS or Utility) filed a Test Year Notification and Docket No.
20230023-GU 	was 	opened. 	PGS 	provides 	service 	to 	approximately 	470,000 	residential,
commercial, industrial, and electric power generation customers across the state. PGS filed its
Petition for Rate Increase (Rate Case Petition), minimum filing requirements (MFRs), and
testimony on April 4, 2023. PGS filed its MFRs based on a projected test year from January 1,
2024 through December 31, 2024. In compliance with Section 366.06(2), Florida Statutes (F.S.),
an administrative hearing has been scheduled for these matters on August 29 – September 1,
2023.
This Order is issued pursuant to the authority granted by Rule 28-106.211, 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. 	Consolidation of Dockets
Contemporaneously with filing its MFRs in this docket, the Utility filed a Motion to
Consolidate Docket Nos. 20230023-GU, 20220219-GU, and 20220212-GU.1 	In support of the
Motion, the Utility states that the depreciation subject matter addressed by witnesses in Docket
Nos. 20220212-GU and 20220219-GU is inextricably intertwined with the depreciation subject
matter addressed by depreciation witnesses supporting the Utility’s petition for a rate increase in
Docket No. 20230023-GU. Further, litigation of the petition for a rate increase involves similar
1 Docket No. 20220212-GU, In re: Petition for approval of depreciation rate and subaccount for renewable natural
gas facilities leased to others, by Peoples Gas System; Docket No. 20220219-GU, In re: Petition for approval of
2022 depreciation study, by Peoples Gas System.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 2
issues of both law and fact, many of the same witnesses, and similar requests related to
depreciation as found in Docket Nos. 20220212-GU and 20220219-GU.
Pursuant to Rule 28-106.108, F.A.C., matters may be consolidated when separate
proceedings involve similar issues of law or fact, it appears that consolidation would promote the
just, speedy, and inexpensive resolution of the proceedings, and consolidation would not unduly
prejudice the rights of any party. Docket Nos. 20230023-GU, 20220219-GU, and 20220212-GU
involve similar issues of law and fact, common parties, and overlapping witnesses. 	In its
Motion, the Utility represents that the Office of Public Counsel (OPC) and Florida Industrial
Power Users Group (FIPUG) do not object to consolidation and there is no indication that doing
so would unduly prejudice any party. 2 Accordingly, consolidation will promote the just, speedy,
and inexpensive resolution of these proceedings; therefore, the Motion to Consolidate is hereby
granted. From the date this order is issued, Docket No. 20230023-GU shall become the primary
docket, and all future filings for all three dockets shall be filed in Docket No. 20230023-GU.
III. 	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, posted on our website,
www.floridapsc.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 available 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
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.
2 OPC has intervened in Docket Nos. 20220219-GU and 20230023-GU; FIPUG has petitioned to intervene in
Docket No. 20230023-GU.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 3
IV. 	Notice and Public Information
The utility shall comply with the requirements of Rule 25-22.0406, F.A.C.
The notice required by Rule 25-22.0406, 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 25-22.0406, 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
fourteen 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.
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 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.
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.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 4
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
Discovery shall be conducted in accordance with the provisions of Chapter 120, F.S., and
the relevant provisions of Chapter 366 and 368, 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 August 17, 2023.
(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.
(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 10 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
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 5
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.
(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 400.
(2) 	Requests for production of documents, including all subparts, shall be limited to
400.
(3) 	Requests for admissions, including all subparts, shall be limited to 200.
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 366.093, 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 366.093, 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
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 6
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.
VII. 	Prehearing Procedures
A. 	Prehearing Statements
All parties in this docket and the Commission staff shall file a Prehearing Statement
pursuant to the schedule set forth in Section X 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.
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:
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 7
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
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.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 8
B. 	Attendance at Prehearing Conference
Pursuant to Rule 28-106.209, F.A.C., a Prehearing Conference will be held on August 21,
2023, 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.
C. 	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 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.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 9
D. 	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 business 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.
E. 	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.
F. 	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 two 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.
G. 	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 X of 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.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 10
VIII. 	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.
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 366.093, F.S., to
protect proprietary confidential business information from disclosure outside the proceeding.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 11
Therefore, any party wishing to use at the hearing any proprietary confidential business
information, as that term is defined in Section 366.093, 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.
(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.
IX. 	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 X of this Order. In such event, a summary of each position 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. 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 75 pages and shall be filed at the same time, unless modified by the Presiding Officer.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 12
X. 	Controlling Dates
The following dates have been established to govern the key activities of this case:
(1) 	Utility’s testimony and exhibits 	April 4, 2023
(2) 	Intervenors’ testimony and exhibits 	June 22, 2023
(3) 	Staff’s testimony and exhibits, if any 	July 6, 2023
(4) 	Rebuttal testimony and exhibits 	July 20, 2023
(5) 	Prehearing Statements 	August 10, 2023
(6) 	Discovery deadline 	August 17, 2023
(7) 	Prehearing Conference 	August 21, 2023
(8) 	Hearing 	August 29 – September 1, 2023
(9) 	Briefs 	October 5, 2023
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.
12th
April 2023
PSC-2023-0128-PCO-GU	ORDER NO.
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 13
Based upon the foregoing, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Docket
Nos. 20230023-GU, 20220219-GU, and 20220212-GU are hereby consolidated for purposes of
administrative efficiency, including for hearing, as set forth in the body of this Order. It is further
ORDERED that Docket No. 20230023-GU shall be the primary docket. It is further
ORDERED that all future filings for all three dockets shall be filed in Docket No.
20230023-GU. It is further
ORDERED that the provisions of this Order shall govern this proceeding unless modified
by the Commission.
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.
ORDER NO. PSC-2023-0128-PCO-GU
DOCKET NO. 20230023-GU
DOCKET NO. 20220219-GU
DOCKET NO. 20220212-GU
PAGE 14
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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