Florida Public Service Commission native order document 01922-2024

Order No. PSC-2024-0096-PCO-EIFlapubserv

Gesamter Gesetzestext

FILED 4/16/2024
DOCUMENT NO. 01922-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Tampa
Electric Company.
In re: Petition for approval of 2023
Depreciation and Dismantlement Study, by
Tampa Electric Company.
In re: Petition to implement 2024 Generation
Base Rate Adjustment provisions in Paragraph
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
4 of the 2021 Stipulation a nd Settlement 	ORDER NO. PSC-2024-0096-PCO-EI
A reement, by Tam a Electric Com any. 	ISSUED: April 16, 2024-~--~~--~-----~~--~
ORDER ESTABLISHING PROCEDURE AND CONSOLIDATING DOCKETS
I. 	Case Background
On April 2, 2024, Tampa Electric Company (TECO or Utility) filed its Petition for Rate
Increase (Rate Case Petition), minimum filing requirements (MFRs), and testimony. TECO
provides service to approximately 844 thousand customers in a 2,000 square mile service
territory in Hillsborough and portions 	of Polk, Pasco, and Pinellas counties, 	Florida. In
compliance with Section 366.06(3), Florida Statutes (F.S.), an administrative hearing has been
scheduled for these matters for August 26-30, 2024.
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, a nd promote the
just, speedy, and inexpensive determination of all aspects of the case.
II. 	Consolidation of Dockets
On April 3, 2024, TECO filed a Motion to Consolidate Dockets (Motion to Consolidate)
requesting consolidation of Docket Nos. 20240026-EI, 20230139-EI, and 20230090-EI. 1 In
support 	of 	the 	Motion 	to 	Consolidate, 	TECO 	states 	that 	"[d]epreciation 	expense 	and
dismantlement costs and expenses, proposed 2023 depreciation rates, and the impact of deferred
[Production Tax Credits] on the company's 2025 revenue requirement are reflected in the
company' s rate case MFR and ... are discussed in the testimony of its witnesses." Further,
1 Docket No. 20240026-EI, In re: Petition for Rate Increase by Tampa Electric Company; Docket No.20230139-EI,
In re: Petition for approval of 2023 depreciation and dismantlement study, by Tampa Electric Company; 20230090-
EI, In re: Petition to implement 2024 Generation Ba se Rate Adjustment provisions in Paragraph 4 of th e 202 I
Stipulation and Settlement Agreement, by Tampa Electric Company.
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 2
TECO states consolidation will facilitate the efficient consideration and disposition of related
issues across the dockets, provide a unified evidentiary record, and conserve costs and labor.
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. 20240026-EI, 20230139-EI, and 20230090-EI
involve similar issues of law and fact, common parties, and overlapping witnesses. In its Motion
to Consolidate, TECO represents that it has conferred with counsel for the parties of record in all
three dockets and is authorized to represent that each either takes no position or does not object
to the Motion to Consolidate. Accordingly, consolidation will promote the just, speedy, and
inexpensive resolution of these proceedings; therefore, the Motion to Consolidate Dockets is
hereby granted. From the date this order is issued, Docket No. 20240026-EI shall become the
primary docket, and all future filings for all three dockets shall be filed in Docket No. 20240026-
EI.
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 	Florida 	Public 	Service 	Commission’s
(Commission) 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.
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
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 3
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
14 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 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;
(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-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
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, 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 July 29, 2024.
(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 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.
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 5
(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 	e-mail 	address 	discovery-
gcl@psc.state.fl.us in addition to the e-mail 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 100.
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
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.
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 6
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. 	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 the Commission’s review. Accordingly, parties are
encouraged to file comprehensive settlements as soon as practicable to allow time for discovery,
a hearing on the settlement, and a post-hearing decision. At least 6 weeks should be afforded
from the filing of a comprehensive settlement to a hearing on the settlement. Parties should
factor in the statutory time frames under Section 366.06(3), F.S., with respect to the timing of
filing a comprehensive settlement. Parties shall be on notice that regardless of 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 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:
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 7
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’ 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.
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 8
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 August 5,
2024, 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 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-
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 9
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 7 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
By August 14, 2024, 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:
TECO-1 – short document title, TECO-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 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.
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 10
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 e-mailed 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 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 3 days of filing a Notice of
Intent to use Deposition for resolution by the Prehearing Officer.
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.
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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’ 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’
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.
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
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 12
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.
X. 	Controlling Dates
On March 8, 2024, OPC filed a Motion for Expedited Joint Docket Scheduling
Conference (Motion), and therein requested that the Commission conduct a joint scheduling
conference in this docket and Docket No. 20240025-EI. OPC states that the purpose of the
conference would be “to consider fair and equitable key activities and hearing dates, consistent
with due process.” On April 3, 2024, OPC filed a Supplement to the Motion, which included a
proposed schedule of controlling dates for the two dockets. On April 4, 2024, TECO filed a
Response to the Motion, in which it argued that OPC’s proposed schedule does not provide
adequate time for post-hearing proceedings and “could compromise the Commission’s ability to
issue a final order before the end of 2024.” Because the Motion sets forth in detail OPC’s
arguments, the Supplement contains specific proposed controlling dates, and TECO has filed its
Response setting forth its arguments, the record has all necessary information to consider in
establishing controlling dates and there is no need for a scheduling conference. On that basis, the
Motion is denied.
Having fully considered the representations and proposals by OPC in the Motion and
Supplement, the following dates shall govern the key activities of this case:
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 13
The following dates have been established to govern the key activities of this case:
(1) 	Utility’s testimony and exhibits 	April 2, 2024
(2) 	Intervenor’s testimony and exhibits 	June 6, 2024
(3) 	Staff’s testimony and exhibits, if any 	June 10, 2024
(4) 	Rebuttal testimony and exhibits 	July 2, 2024
(5) 	Prehearing Statements 	July 22, 2024
(6) 	Discovery Deadline 	July 29, 2024
(7) 	Prehearing Conference 	August 5, 2024
(8) 	Provision of Exhibits 	August 14, 2024
(9) 	Hearing 	August 26–30, 2024
(10) 	Briefs 	September 23, 2024
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 Gary F. Clark, as Prehearing Officer, that the Motion to
Consolidate Dockets filed by Tampa Electronic Company is granted as set forth herein. Docket
Nos. 20240026-EI, 20230139-EI, and 20230090-EI are hereby consolidated for the purposes of
administrative efficiency, including for hearing, as set forth in the body of this Order. It is further
ORDERED that Docket No. 20240026-EI shall be the primary docket. It is further
ORDERED that the provisions of this Order shall govern this proceeding unless modified
by the Commission. It is further
ORDERED that the Motion for Expedited Joint Docket Scheduling Conference filed by
Office of Public Counsel is denied as set forth herein.
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NOS. 20240026-EI, 20230139-EI and 20230090-EI
PAGE 14
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 16th day of
April, 2024.
/s/ Gary F. Clark
Gary F. Clark
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.
TPS/CMM
ORDER NO. PSC-2024-0096-PCO-EI
DOCKET NO. 20240026-EI
PAGE 15
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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