Florida Public Service Commission native order document 03315-2023

FILED 5/22/2023
DOCUMENT NO. 03315-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval ofrevised 	DOCKET NO. 20230043-EI
underground residential distribution tariffs, by 	ORDER NO. PSC-2023-0168-PCO-EI
Duke Ener 	Florida, LLC. 	ISSUED: May 22, 2023
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The following Commissioners participated in the disposition of this matter:
BY THE COMMISSION:
ANDREW GILES FAY, Chairman
ARTGRAHAM
GARY F. CLARK
MIKE LAROSA
GABRIELLA P ASSIDOMO
ORDER SUSPENDING TARIFF
Background
On March 31, 2023, Duke Energy Florida, LLC (DEF) filed a petition for approval of
revisions to its underground residential differential tariffs (URD) and associated charges. These
tariffs represent the estimated additional cost, if any, DEF incurs to provide underground service
in place of overhead service in new residential subdivisions. Specifically, DEF is proposing
revised URD charges reflecting changes in cost differentials between overhead and underground
services. In addition, DEF states that higher material and labor costs are increasing for both
overhead and underground construction estimates, but more so for underground construction.
We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and
366.06, Florida Statutes (F.S.).
Decision
Pursuant to Section 366.06(3), F.S., we may withhold consent to the operation of all or
any portion of a new rate schedule, delivering to the utility requesting such a change a reason or
written statement of good cause for doing so within 60 days. Com mi ssion staff has stated it
needs additional time to review the petition and gather all pertinent information in order to
present us with an informed recommendation on the tariff proposals. We find this reason to
constitute good cause consistent with the requirement of Section 366.06(3), F.S.

OR D ER NO. PSC-2023-0168-PCO-EI
DOCKET NO. 20230043 -EI
PAGE2
Based on the forego in g, it is
ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC .'s
underground res id e nti al differential tariffs are suspe nd ed. It is further
ORDERED that the docket sha ll remain open pending our final action on the requested
approva l of the undergro und residential di stribution tariffs.
AAW
By ORDER of the Florida Public Service Comm ission this 22nd day of May, 2023.
mi sion C
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Flor id a 32399
(850) 4 13-6770
www .fl o ri dapsc.com
Copies furni shed: 	A copy of this document is
provided to the parties of record at the time of
iss uance and, if applicable, interes ted per so ns.

ORDER NO. PSC-2023-0168-PCO-EI
DOCKET NO. 20230043-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.