Florida Public Service Commission native order document 07807-2024

FILED 7/24/2024
DOCUMENT NO. 07807-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy 	DOCKET NO. 20240025-EI
Florida, LLC. 	ORDER NO. PSC-2024-0264-PCO-EI
ISSUED: July 24, 2024
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FIRST ORDER REVISING ORDER ESTABLISHING PROCEDURE
I. 	Case Background
Duke Energy Florida, LLC (DEF) filed its Petition for Rate Increase, minimum filing
requirements (MFRs), and testimony on April 2, 2024. DEF filed its MFRs based on projected
test years from January 1 to December 31 , 2025; January 1 to December 31 , 2026; and January 1
to December 31 , 2027. By Order No. PSC-2024-0092-PCO-EI, issued April 11 , 2024, a final
administrative hearing was scheduled for August 12 - 16 , 2024, with August 19 - 23, 2024, also
reserved for the continuation and conclusion of the hearing, if necessary.
Intervention by the Citizens of the State of Florida through the Office of Public Counsel
(OPC) was acknowledged by Order No. PSC-2024-0041-PCO-EI, issued February 16 , 2024.
Petitions to Intervene filed by the following entities and associations were subsequently granted:
Florida Rising, Inc. and the League of United Latin American Citizens of Florida (collectively
(LULAC); 1 Florida Industrial Power Users Group (FIPUG);2 Florida Retail Federation (FRF);3
Sierra C lub;4 White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate - White Springs
(PCS Phosphate);5 Nucor Steel Florida, Inc. (Nucor); 6 the Southern Alliance for Clean Energy
(SACE); 7 Americans for Affordable Clean Energy, Inc., Circle K Stores, Inc. , RaceTrac, Inc. ,
and Wawa, Inc. (collectively Fuel Retailers);8 EVgo Services, LLC (EVgo); 9 and Walmart, Inc.
(Walmart). 10 The Petition to Intervene by the Florida Solar Energy Industry Association was
denied without prejudice.11
On July 8, 2024, DEF and OPC filed a Joint Motion to Suspend Procedural Schedule
(Motion to Suspend). In the Motion to Suspend, DEF and OPC represented that they had reached
an agreement in principle to resolve all issues in this docket, and requested that the Commission
"s uspend all pending hearings, deadlines, a nd other matters in this docket (including di scovery
not related to the Settlement Agreement) ... ." FIPUG, FRF, LULAC, Nucor, and PCS
1 Order No. PSC-2024-0106-PCO-EI, issued April 19, 2024.
2 Order No. PSC-2024-010 7- PCO-EI, issued April 19, 2024.
3 Order No. PSC-2024-010 8- PCO-EI, issued April 19, 2024.
4 Order No. PSC-2024-010 9- PCO-EI, issued April 19, 2024.
5 Order No. PSC-2024-012 9- PCO-EI, issued April 24, 2024.
6 Order No. PSC-2024-0130-PCO-EI, issued April 24, 2024.
7 Order No. PSC-2024-0150-PCO-EI, issued May 13 , 2024.
8 Order No. PSC-202 4-01 84-PCO-EI, issued June 4, 2024.
9 Order No. PSC-202 4-01 85-PCO-EI, issued June 4, 2024.
10 Order No. PSC-2024-0256-PCO-EI, issued Jul y 22, 2024.
11 Order No. PSC-2024-0257-PCO-EI, issued Jul y 22, 2024.

ORDER NO. PSC-2024-0264-PCO-EI
DOCKET NO. 20240025-EI
PAGE 2
Phosphate support the Motion to Suspend; EVgo and SACE did not oppose, and the Fuel
Retailers and Sierra Club took no position. By Order No. PSC-2024-0234-PCO-EI, issued July
11, 2024, the Joint Motion was granted and the controlling dates were suspended.
On July 15, 2024, DEF, OPC, FRF, FIPUG, Nucor, and PCS Phosphate (collectively
Signatories) filed a Joint Motion for Approval of 2024 Settlement Agreement (Motion for
Approval), with a copy of the 2024 Settlement Agreement appended thereto as Attachment 1.
The Signatories request that the Commission consider the Settlement Agreement during the two-
week period that had been set aside for the final hearing in this docket, and approve the
Settlement Agreement in its entirety as being in the public interest. LULAC, SACE, Walmart,
and Sierra Club do not oppose the Motion for Approval; EVgo does not object to either; and the
Fuel Retailers take no position and “reserve all rights” to take a position after further review of
the final Settlement Agreement. No responses in opposition to the Motion for Approval have
been filed, and the time for doing so has expired.
As was noted in the Order Granting Joint Motion to Suspend Procedural Order, “[a]
separate order will be issued establishing the appropriate process and controlling dates that will
govern this proceeding.” 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,
and promote the just, speedy, and inexpensive determination of all aspects of the case.
II. 	Tentative List of Major Elements of Settlement Agreement
A tentative list of the major elements of the 2024 Settlement Agreement that the
Commission will consider in determining whether the Agreement is in the public interest12 is
appended hereto as Attachment A.
III. 	Discovery
All discovery for which responses were pending on July 11, 2024, when the Order
Granting Joint Motion to Suspend Procedural Order was issued, shall be considered withdrawn.
All parties and Commission staff may propound discovery related to the Settlement
Agreement. Section V(A) of Order No. PSC-2024-0092-PCO-EI is amended as follows:
(1) Discovery shall be completed by August 16, 2024.
(2) Discovery requests and responses shall be served by e-mail. Discovery
served via e-mail shall be limited to 5 MB per attachment, shall indicate how
12 “[W]hile the Commission need not resolve every issue independently in its final order when it is reviewing a
settlement agreement, it must nonetheless discuss the major elements of the settlement agreement and explain why it
is in the public interest.” Floridians Against Increased Rates, Inc. v. Clark, 371 So. 3d 905, 912 (Fla. 2023) (internal
quotations marks and citations omitted).

ORDER NO. PSC-2024-0264-PCO-EI
DOCKET NO. 20240025-EI
PAGE 3
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.
(6) Discovery responses shall be served within 5 days of receipt of the discovery
request. All written responses must be accompanied by an affidavit sworn or
affirmed by the person(s) providing the responses.
[unnumbered paragraph] 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 2 days of service of the
discovery request. This procedure is intended to reduce delay in resolving
discovery disputes.
All provisions in Order No. PSC-2024-0092-PCO-EI regarding discovery not specifically
amended by the above remain applicable.
IV. 	Controlling Dates
The following dates are established for Commission consideration of the Joint Motion for
Approval of 2024 Settlement Agreement:
Discovery deadline 	August 16, 2024
Final hearing 	August 21, 2024
August 22, 2024, if necessary
Post-Hearing Briefs 	September 6, 2024
Based upon the foregoing, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Order No.
PSC-2024-0092-PCO-EI, issued April 11, 2024, shall be modified as stated above. The
provisions of that Order are reaffirmed to the extent not inconsistent with this Order. It is further
ORDERED that the provisions of this Order shall govern this proceeding unless modified
by the Commission.

PSC-2024-0264-PCO-EI
24th
July 2024
ORDER NO.
DOCKET NO. 20240025-El
PAGE4
By ORDER of Commissioner Gabriel la Passidomo, as Prehearing Officer, this __ day
of -------
SPS
Gabriella Passidomo
Commissioner and Prehearing Officer
Florida Pub I ic Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
\Vww. noridapsc.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.
NOTICE OF FURTHER PROCEEDINGS OR JUDlCIAL 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 revie\, will be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. 	lf 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 IO 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 Cou11 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 (o Rule 9. l 00. Florida Rules of Appellate
Procedure.

ORDER NO. PSC-2024-0264-PCO-EI 	Attachment A
DOCKET NO. 20240025-EI
PAGE 5
In re: Petition for rate increase by Duke Energy Florida, LLC, Docket No. 20240025-EI
MAJOR ELEMENTS OF SETTLEMENT AGREEMENT
1. 	2025 Test Year Rate Increase: 	$203 million
2. 	2026 Subsequent Year Adjustment: 	$59 million
3. 	Return on Equity: 	9.3% - 11.3%, 10.3% midpoint
4. 	Investment Tax Credit: 	Powerline Battery Storage Project
5. 	Rate Design and Revenue Allocation
6. 	Solar Base Rate Adjustment
7. 	Potential Fossil Generation Acquisition
8. 	Make Ready EV Program
9. 	Corporate Income Tax Changes
10. 	Production Tax Credit
11. 	Dismantlement Study
12. 	Depreciation Study
13. 	Asset Optimization Mechanism
13. 	FEECA Stipulations in Docket No. 20240013-EI (Interruptible, Curtailable, and Standby
Generation)
14. 	Customer connections
a. 	Reconnect fees eliminated
b. 	Minimum bill
c. 	No disconnections during extreme weather
15. 	Storm recovery
a. 	Surcharge
b. 	Reserve Study