Florida Public Service Commission native order document 03797-2023

Order No. PSC-2023-0182-PCO-EIFlapubserv

Full text

FILED 6/26/2023
DOCUMENT NO. 03797-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of smart outdoor 	DOCKET NO. 20230068-EI
lighting services pilot program by Duke 	ORDER NO. PSC-2023-0182-PCO-EI
Ener 	Florida, LLC. 	ISSUED: June 26, 2023__--=,:_______:'---------------"
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
BA CKGROUND
On May 15 , 2023 , Duke Energy Florida, LLC (Duke) filed a petition for approval of the
smart outdoor lighting services pilot program (pilot program). Specifically, Duke is proposing to
make modifications to Tariff Sheet No s. 6.280 and 6.281 to allow certain customers who take
service under the existing LS-I lighting tariff to set their own personal lighting schedule and to
dim the lights. 	The LS-I lighting tariff is ava ilable to any customer for the sole purpose of
lighting roadways or other outdoor land use areas. 	Currently, the energy rates for the LS-I tariff
are set for all customers based on the same lighting schedule (dusk to dawn). 	In its petition,
Duke asserts that the pilot program will allow it to gather data on energy usage changes so that it
can consider a future permanent program that is appropriately priced. 	Duke proposes to limit
participation in the pilot program to 	I 0,000 lights, while also reserving the right to allow
additional participation. If approved, the pilot program would last 18 months from the day of the
final Commission order approving the petition.
This order is to suspend the proposed ta riffs. 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 m ay 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. 	Our Staff has recommended that
this tariff be suspended to allow sufficient time for them to review the petition and gather all
pertinent information in order to present us with an informed recommendation on the tariff
proposals. 	We find that the necessity for sufficient time to review the Company' s proposal
constitutes good cause consistent with the requirements of Section 366.06(3), F.S.
Based on the foregoing, it is
ORDER NO. PSC-2023-0182-PCO-EI
DOCKET NO . 20230068-EI
PAGE2
ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC's
proposed outdoor lighting services pilot program and tariff shall be 	suspended to 	allow
Commission staff sufficient time to review the petition and gather all pertinent information in
order to present us with an informed recommendation on the tariff proposal. · It is further
ORDERED that this docket shall remain open pending our decision on the proposed
tariffs.
SBr
By ORDER
of
the Florida Public Service Commission this 26
th
day
of
June, 2023.
Commj sion Cl 	k
Flori
&i
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-2023-0182-PCO-EI
DOCKET NO. 20230068-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.

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