Florida Public Service Commission native order document 01946-2024

FILED 4/17/2024
DOCUMENT NO. 01946-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric
conservation goals (Tampa Electric Company).
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DOCKET NO. 20240014-EG
ORDER NO. PSC-2024-0097-PCO- EG
ISSUED: April 17, 2024
ORDER GRANTING TAMP A ELECTRIC COMPANY' S
MOTION TO ACCEPT LATE-FILED TESTIMONY
Background
On January 5, 2024 we opened Docket No. 20240014-EG for the purpose of reviewing
Tampa Electric Company 's (TECO) proposed numeric conservation goals under the Florida
Energy Efficiency a nd Conservation Act (FEECA). On January 23, 2024, we issued an Order
Establishing 	Procedure 	and 	Consolidation 	of 	Dockets 	(OEP). 	The 	TECO 	docket 	was
consolidated for purposes of hearing with the other FEECA utilities' dockets. The OEP set a
deadline of April 2, 2024 for the utilities to file their direct testimony and exhibits.
On April 2, 2024, TECO filed a petition for approval of numeric conservation goals, the
direct testimony of company witness Mark R. Roche, and Exhibit MRR-1. The filing was
accepted by the Commission Clerk on April 2, 2024.
Later on April 2, 2024, TECO filed the direct testimony and exhibits of witness Jim
Herndon. The filing was not received by the Commission Clerk until after 5:00 PM; thus, the
filing was reflected in the docket as received on April 3, 2024, one day after the deadline.
Decision
The Office of Public Counsel (OPC) was the only other party in this docket at the time
the testimony and exhibits of Jim Herndon was filed by TECO. OPC was not prejudiced by the
late filing because identical testimony and exhibits were filed in the other FEECA utilities '
dockets. TECO conferred with OPC and OPC does not oppose this Motion.
Rule 28-106.211, Florida Administrative Code (F.A.C.), allows a prehearing officer to
issue orders necessary to effectuate discovery, prevent delay, and promote the just, speedy, and
inexpensive determination of all aspects of the case. I find the inclusion of Jim Herndon's
testimony and exhibits necessary to the overall determination of this case. 	Since there was no
prejudice to OPC, the only other party to the docket at the time, the late-filed testimony and
exhibits of Jim Herndon will be accepted in Docket No. 20240014-EG.

ORDER NO. PSC-2024-0097-PCO- EG
DOCKET NO. 20240014-EG
PAGE 2
Based on the foregoing, it is
ORDERED by Commissioner Art Graham, as Prehearing Officer, that Tampa Electric
Company’s Motion to Accept Late-Filed Testimony is granted.
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 17th day of April,
2024.
ART GRAHAM
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.
JDI
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.