Florida Public Service Commission native order document 02802-2026

FILED 5/12/2026
DOCUMENT NO. 02802-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Proposed amendment of Rule 25-14.004,
F.A.C., Effect of Parent Debt on Federal
Corporate Income Tax._
DOCKET NO. 202400 19-PU
ORDER NO. P SC-2026-0 146-PCO-PU
ISSUED: May 12, 2026
ORDER ADDRESSING NOTICE OF INTERVENTION FILED AND
DISCOVERY SERVED BY OFFICE OF PUBLIC COUNSEL
The Office of Public Counsel (OPC) filed a Notice of Intervention in 	this docket. When
this docket was opened 	in 2024, 	the Commission added OPC 	as an 	Interested Person. Thus,
intervention is unnecessary. 1
This docket was opened for rulemaking under the provisions of Section 120.54, Florida
Statutes 	(F.S.). To the extent that OPC 	is requesting party status in 	this docket, there 	is no party
status in rulemaking, just Interested Persons. 2
Also, 	purportedly 	pursuant 	to 	Section 	350.0611(1), 	F.S., 	Rule 	28-106.206, 	Florida
Administrative Code 	(F.A.C.), and Florida Rules of Civil Procedure 	1.340, 	1.350, and 	1.370,
OPC served discovery on Commission 	staff and Duke Energy 	Florida, 	Inc. (DEF) and 	filed
Notices 	of 	Service 	of 	the 	discovery 	in 	this 	docket. 	Discovery 	is 	not 	appropriate 	during
rulemaking proceedings under Section 120.54, 	F.S., 3 and the provisions relied upon by OPC do
not provide 	for discovery 	in rulemaking. 4 Accordingly, no one may 	serve discovery 	in 	this
docket and no one is required to respond to the discovery already served in this docket.
Therefore, 	it 	is
1Order No. PSC-95-1403-FOF-TL, issued Nov. 	16, 1995, in Docket No. 951 145-TL, In re: GTE Fla., Inc. 	,- Order
No. PSC-95-1093-FOF-TL, issued Sept. 	5, 1995, in Docket No. 950778-TL, In 	re: BellSouth 	Tele., Inc. 	(“It 	is not
necessary 	to acknowledge 	Public 	Counsel's Notice of Intervention. OPC and any 	other 	interested person may
participate in these rulemaking proceedings without formally seeking intervention.”).
2Sections 120.54(1 )(a)2.; (2)(a), (c), and (d); (3)(a) and (c), F.S.
3 Section 120.54(3)(c)2., F.S.; See also Adam Smith Enters., Inc. 	v. Fla. Dept, of Env’l Protect., 553 	So. 2d 1260,
1269-70 	(Fla. 	1st DCA 	1989) 	(holding 	that rulemaking 	is 	not 	a proceeding 	in which 	substantial 	interests 	are
adjudicated).
4 Section 350.061 1(1), F.S., does not afford OPC greater discovery rights than anyone else. While the Commission
has allowed discovery in a limited circumstance in a proceeding involving proposed agency action, the 	facts and
holding of that case do not apply to rulemaking. Citizens of State ex 	rel. 	Office ofPubl. Couns. 	v. Fla. Public Serv.
Comm 	n, 164 So. 3d 58, 64 (Fla. 	1st DCA 2015); Order No. PSC-1 5-038 1-DS-PU, issued Sept. 14, 2015, in Docket
No. 140107-PU, In 	re: Petition for declaratory statement regarding discovery 	in dockets or proceedings affecting
rates or cost of service processed with the Commission 	's proposed agency action procedure.

ORDER NO. PSC-2026-0146-PCO-PU
DOCKET NO. 20240019-PU
PAGE 2
ORDERED by Commissioner, Mike La Rosa, as Prehearing Officer, that the Notice of
Intervention filed by the Office of Public Counsel is unnecessary and that the discovery it served
is inappropriate in this docket.
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 12th day of
May, 2026.
MIKE LA ROSA
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 at the time of issuance to interested
persons.
SS