Florida Public Service Commission native order document 09566-2024

Order No. PSC-2024-0452-PCO-EIFlapubserv

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FILED 10/17/2024
DOCUMENT NO. 09566-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Tampa 	DOCKET NO. 20240026-EI
Electric Company.
In re: Petition for approval of2023 	DOCKET NO. 20230139-EI
depreciation and dismantlement study, by
Tampa Electric Company.
In re: Petition to implement 2024 generation 	DOCKET NO. 20230090-EI
base rate adjustment provisions in paragraph 4
of the 2021 stipulation and settlement 	ORDER NO. PSC-2024-0452-PCO-EI
agreeme nt , by Tampa Electric Company. 	ISSUED: October 17 , 2024
ORDER GRANTING OFFICE OF PUBLIC COUNSEL'S AMENDED MOTION FOR
EXTENSION OF TIME TO FILE POST-HEARING BRIEF AND MODIFYING ORDER
ESTABLISHING PROCEDURE AND CONSOLIDATING DOCKETS
On April 16, 2024, this Florida Public Service Commission (Commission) issued an
Order Establishing Procedure and Consolidating Dockets, Order No. PSC-2024-0096-PCO-EI,
which established he aring procedures and controlling dates to govern these dockets. This
Commission held the final hearing in this matter from August 26- 30, 2024. At the end of the
hearing, we agreed to extend the deadline for filing of post-hearing briefs. The deadline changed
from September 23, 2024, to September 30, 2024.
On October 14, 2024, the Office of Public Counsel (OPC) filed an Amended Motion for
Extension of Time to File Post Hearing Brief. 1 OPC asserts that the original transcript was
delayed 	with 	errors, 	inaccuracies, 	and 	omissions. 	Recognizing 	the 	original 	transcript 's
questionable quality, this Commission secured the services of a different reporting service to
prepare a proper transcript of the full hearing. The estimated completion date of this corrected
transcript was October 4, 2024, and the parties were notified that post-hearing briefs would be
due October 16, 2024. However, the corrected transcript was not finalized until October 9, 2024.
Motions for extension of time must articulate good cause and be filed prior to the
expiration of the deadline sought to be extended. 2 OPC argues that the material deficiencies of
the original transcript and delayed corrections impeded its briefing efforts. Furthermore, OPC
asserts that the landfa ll of Hurricane Helene ne ar Tallahassee also played a part in reducing the
time it had to work on post-hearing briefs. OPC alleges that the majority of its office evacuated
under either an evacuation order or advisory and that the Florida Legislature directed all
1 Document No. 09503-2024, filed Oct. 11 , 2024, in Docket No. 20240026-EI.
2 Rule 28-106.204(4), Florida Administrative Code.
ORDER NO. PSC-2024-0452-PCO-EI
DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI
PAGE 2
legislative offices in the capital to close from September 25th to September 27th . Therefore, OPC
moves this Commission to extend the deadline to file post-hearing briefs to October 21, 2024.
TECO objects and argues that despite the transcript delay, the significant damage to
TECO’s system from both Hurricanes Helene and Milton, as well as the impact storm restoration
efforts have had on the company, TECO will still be ready to file its post-hearing brief by the
current deadline of October 16, 2024.3
I find that extending the deadline by five days is reasonable given the circumstances.
OPC filed its request for relief prior to the expiration of the deadline it seeks to extend. The
overall difficulties and delays surrounding the transcripts as detailed above is sufficient good
cause to warrant a small extension of time. Therefore, I modify Section X of the Order
Establishing Procedure and Consolidating Dockets to set a new controlling date for the post-
hearing briefs of October 21, 2024.
Additionally, pursuant to Section 120.57(1)(f)(9), Florida Statutes, “[t]he record in a case
governed by this subsection shall consist only of . . . [t]he official transcript.” The transcript
originally filed in this case cannot be relied upon due to multiple material errors and omissions
contained therein. A proper transcript was subsequently prepared and filed in this docket that can
and should be relied upon for the preparation of post-hearing briefs as well as any other future
use. I hereby designate the following documents as the “official transcript” for purposes of the
record:
1) 	DN 09098-2024, filed 9/19/2024, docketed “CORRECTED TRANSCRIPT – Vol 1,
pages 1-301, for 8/26/24 hearing;”
2) 	DN 09157-2024, filed 9/23/2024, docketed “CORRECTED TRANSCRIPT – Vol 2,
pages 302-503, for 8/27/24 hearing;”
3) 	DN 09275-2024, filed 9/30/2024, docketed “CORRECTED TRANSCRIPT - Vol 3,
pages 504-764, of 8/27/24 hearing;”
4) 	DN 09276-2024, filed 9/30/2024, docketed “CORRECTED TRANSCRIPT - Vol 4,
pages 765-923, of 8/27/24 hearing;”
5) 	DN 09302-2024, filed 9/30/2024, docketed “CORRECTED TRANSCRIPT - Vol 5,
pages 924-1090, of 8/28/24 hearing;”
6) 	DN 09303-2024, filed 9/30/2024, docketed “CORRECTED TRANSCRIPT - Vol 6,
pages 1091-1297, of 8/28/24 hearing;”
7) 	DN 09309-2024, filed 10/1/2024, docketed “CORRECTED TRANSCRIPT - Vol 7,
pages 1298-1558, of 8/28/24 hearing;”
3 Document No. 09509-2024, filed on Oct. 14, 2024, in Docket No. 20240026-EI.
ORDER NO. PSC-2024-0452-PCO-EI
DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI
PAGE 3
8) 	DN 09339-2024, filed 10/2/2024, docketed “CORRECTED TRANSCRIPT - Vol 8,
pages 1559-1798, of 8/28/24 hearing;”
9) 	DN 09359-2024, filed 10/4/2024, docketed “CORRECTED TRANSCRIPT - Vol 9,
pages 1799-2129, of 8/28/24 hearing;”
10) DN 09368-2024, filed 10/4/2024, docketed “CORRECTED TRANSCRIPT - Vol 10,
pages 2130-2397, of 8/29/24 hearing;”
11) DN 09383-2024, filed 10/7/2024, docketed “CORRECTED TRANSCRIPT - Vol 11,
pages 2398-2665, of 8/29/24 hearing;”
12) DN 09384-2024, filed 10/7/2024, docketed “CORRECTED TRANSCRIPT - Vol 12,
pages 2666-2917, of 8/29/24 hearing;”
13) DN 09385-2024, filed 10/7/2024, docketed “CORRECTED TRANSCRIPT - Vol 13,
pages 2918-3109, of 8/29/24 hearing;”
14) DN 09386-2024, filed 10/7/2024, docketed “CORRECTED TRANSCRIPT - Vol 14,
pages 3110-3302, of 8/29/24 hearing;”
15) DN 09387-2024, filed 10/7/2024, docketed “CORRECTED TRANSCRIPT - Vol 15,
pages 3303-3558, of 8/29/24 hearing;”
16) DN 09441-2024, filed 10/9/2024, docketed “CORRECTED TRANSCRIPT - Vol 16,
pages 3359-3643, of 8/29/24 hearing;” and
17) DN 09454-2024, filed 10/9/2024, docketed “CORRECTED TRANSCRIPT - Vol 17,
pages 3644-3831, of 8/30/24 hearing.”
Any other transcript filed in Docket No. 20240026-EI of the final hearing on August 26–
30, 2024, shall be removed from the docket file, shall be stricken from the record, and shall not
be used in the remainder of this or any future proceeding.4
Based on the foregoing, it is
4 The below list of documents comprise the transcript volumes that are being removed:
(1) DN 08952-2024, filed 9/10/2024, docketed “TRANSCRIPT - Vol 1 pages 1-288, for 8/26/24 hearing;”
(2) DN 09000-2024, filed 9/13/2024, docketed "TRANSCRIPT - Vol 2 pages 289-880, for 8/27/24 hearing;"
(3) DN 09002-2024, filed 9/13/2024, docketed "TRANSCRIPT - Vol 3 pages 881-1205, for 8/28/24 hearing;"
(4) DN 09004-2024, filed 9/13/2024, docketed "TRANSCRIPT - Vol 4 pages 1206-1458, for 8/28/24 hearing;"
(5) DN 09005-2024, filed 9/13/2024, docketed "TRANSCRIPT - Vol 5 pages 1459-2016, for 8/28/24 hearing;"
(6) DN 09034-2024, filed 9/16/2024, docketed "TRANSCRIPT - Vol 6 pages 2017-3383, for 8/29/24 hearing;"
and
(7) DN 09022-2024, filed 9/16/2024, docketed "TRANSCRIPT - Vol 7 pages 3384-3566, for 8/30/24 hearing."
ORDER NO. PSC-2024-0452-PCO-EI
DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI
PAGE 4
ORDERED by Chairman Mike La Rosa, that Order No. PSC-2024-0096-PCO-EI is
modified as set forth in the body of this order. It is further
ORDERED that Order No. PSC-2024-0096-PCO-EI is reaffirmed in all other respects. It
is further
ORDERED that the “official transcript” is comprised of the documents as set forth in the
body of this order.
By ORDER of Chairman Mike La Rosa, as Presiding Officer, this 17th day of October,
2024.
Mike La Rosa
Chairman
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.
CMM/TPS
ORDER NO. PSC-2024-0452-PCO-EI
DOCKET NOS. 20240026-EI, 20230139-EI, 20230090-EI
PAGE 5
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. 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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