Florida Public Service Commission native order document 09334-2024

FILED 10/2/2024
DOCUMENT NO. 09334-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Application for increase in water and
wastewater rates in Charlotte, Highlands, Lake,
Lee, Marion, Orange, Pasco, Pinellas, Polk,
a nd Seminole Counties, by Sunshine Water
Services Com any.
DOCKET NO. 20240068-WS
ORDER NO. PSC-2024-0437-PCO-WS
ISSUED: October 2, 2024
FIRST ORDER MODIFYING ORDER ESTABLISHING PROCEDURE
Background
Sunshine Water Services Company (Sunshine or Utility) is a Class A Utility that operates
27 water and wastewater facilities in Charlotte, Highlands, Lake, Lee, Marion, Orange, Pasco,
Pinellas, Polk, and Seminole Counties. On April 19, 2024, Sunshine filed a letter requesting
approval of a historic test year ending on December 31, 2023 for purposes of establishing final
rates. 	Based on its approved 	test year, 	Sunshine filed 	its petition and Minimum Filing
Requirements (MFRs) on June 28, 2024. On July 23, 2024, by Order No. PSC-2024-0259-PCO-
WS (OEP), hearing procedures were established to govern this docket, including setting a
schedule for conducting discovery and setting a hearing date in compliance with the timeframes
established under Section 367.081, Florida Statutes (F .S.).
The Office of Public Counsel (OPC) first intervened in this docket on April 23, 2024, but
withdrew its intervention on May 7, 2024. On September 19, 2024, OPC filed its second Notice
oflntervention, which was acknowledged by Order No. PSC-2024-0435-PCO-WS on September
25, 2024. Also on September 19, 2024, OPC filed an Expedited Motion for Modification of the
Order Establishing Procedure (Motion) requesting an extension of time to file testimony and
conduct discovery. In support of its Motion, OPC states that "crucial time has passed" since the
withdrawal of its initial intervention; therefore, it requests the extension of certain controlling
dates to accommodate OPC's resource constraints. Because of the date OPC chose to intervene,
it will have approximately 6 weeks to submit its intervenor testimony and exhibits if the
controlling dates remain unchanged. OPC is not requesting a change to the scheduled prehearing
conference and hearing dates. OPC avers that the granting of its Motion would not result in
undue delay, and represents that Sunshine is in support of OPC' s Motion.
Pursuant to Rule 28-106.211, F.A.C., the Prehearing Officer may issue any orders
necessary to effectuate discovery, to prevent delay, and to promote the just, speedy, and
inexpensive determination of all aspects of the case.

ORDER NO. PSC-2024-0437-PCO-WS
DOCKET NO. 20240068-WS
PAGE 2
Decision
In its Motion, OPC requests extending several controlling dates as follows:
Event 	Previous Due Date 	Requested Date
Intervenor Testimony and Exhibits 	October 31, 2024 	December 1, 2024
Staff Testimony and Exhibits, if any 	November 7, 2024 	December 9, 2024
Rebuttal Testimony and Exhibits 	December 5, 2024 	December 20, 2024
Prehearing Statements 	January 2, 2025 	January 15, 2025
The timing of intervention is solely under the control of the intervening party, and intervenors
take the case as they find it. Having considered OPC’s Motion and noting that the requested
extensions are not opposed by Sunshine, I find that the current hearing schedule does afford the
flexibility to grant some, but not all, of the requested extensions. OPC’s Motion is therefore
granted in part and denied in part, and Section IX of the OEP shall be modified as follows:
Event 	Previous Due Date 	New Due Date
Intervenor Testimony and Exhibits 	October 31, 2024 	November 21, 2024
Staff Testimony and Exhibits, if any 	November 7, 2024 	December 2, 2024
Rebuttal Testimony and Exhibits 	December 5, 2024 	December 13, 2024
Prehearing Statements 	January 2, 2025 	January 15, 2025
Discovery Deadline 	January 16, 2025 	January 21, 2025
I find that the modifications set forth herein afford OPC additional time to prepare its case, but
also ensure that all parties and Commission staff have sufficient time to conduct discovery, file
testimony, and prepare their case for hearing in this matter.
Based on the foregoing, it is
ORDERED by Commissioner Andrew Giles Fay, as Prehearing Officer, that the Office
of Public Counsel’s Expedited Motion for Modification of the Order Establishing Procedure is
granted in part and denied in part as set forth in the body of this order. It is further
ORDERED that Order No. PSC-2024-0259-PCO-WS is modified to include the revised
controlling dates set forth herein. It is further
ORDERED that Order No. PSC-2024-0259-PCO-WS is reaffirmed in all other respects.

ORDER NO. PSC-2024-0437-PCO-WS
DOCKET NO. 20240068-WS
PAGE 3
By ORDER of Commissioner Andrew Giles Fay, as Prehearing Officer, this 2nd day of
October, 2024.
ANDREW GILES FAY
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.
RPS/SF

ORDER NO. PSC-2024-0437-PCO-WS
DOCKET NO. 20240068-WS
PAGE 4
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.