Order No. PSC-2024-0211-PCO-EI•Florida Public Service Commission native order document 06784-2024
Florida Public Service Commission native order document 06784-2024
Order No. PSC-2024-0211-PCO-EIFlapubserv
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FILED 6/20/2024 DOCUMENT NO. 06784-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Fuel and purchased power cost recovery clause with generating performance incentive factor. -----------------~ DOCKET NO. 20240001-EI ORDER NO. PSC-2024-0211-PCO-EI ISSUED: June 20, 2024 FIRST ORDER MODIFYING ORDER ESTABLISHING PROCEDURE By Order No. PSC-2024-0027-PCO-EI, the Order Establishing Procedure (OEP), issued on February 6, 2024, hearing procedures were established to govern this Docket, including controlling dates. At this time, it is necessary to modify the OEP to establish an additional controlling date and modify or add procedures. As such, Sections IV , V, VI, and IX of the OEP are modified as reflected in bold type below, and new sub section H. is added to Section VI as reflected below: IV. Prefiled Testimony and Exhibits Each party shall file all testimony and exhibits that it intends to sponsor, pursuant to the schedule set forth in Section X of this Order. Testimony and exhibits may be filed electronically. If filing electronically, each set of testimony and accompanying exhibits must be saved as distinct and separate electronic files; multiple sets of testimony and exhibits combined in a single electronic file are not acceptable. If filing paper copies, an original and 15 copies of all testimony and exhibits shall be filed with the Office of Commission Clerk by 5:00 p.m. on the date due. A copy of all prefiled testimony and exhibits shall be served electronically or by regular mail , overnight mail, or hand delivery to all other parties and staff no later than the date filed with the Commission. Failure of a party to timely prefile exhibits and testimony from any witness in accordance with the foregoing requirements m ay bar admission of such exhibits and testimony. Parties may use exhibits in their native Excel format for demonstrative purposes; however, any exhibits created in Excel that a party seeks to admit into the record must be converted to Adobe portable document format (pdt) and provided to the Commission as a separate electronic file. The dimensions of each page of testimony shall be 8 ½ x 11 inches. Each page shall be consecutively numbered and double spaced, with 25 numbered lines per page and left margins of at least 1.25 inches. If filing paper copies of the testimony, all pages shall be filed on white, unglossed, three-holed paper and shall be unbound and without tab s. Each exhibit sponsored by a witness in support of his or her prefiled testimony shall be: (1) Attached to that witness ' testimony when filed; (2) If filing paper copies, on three-holed paper, unbound, and without tabs;
ORDER NO. PSC-2024-0211-PCO-EI DOCKET NO. 20240001-EI PAGE 2 (3) Sequentially numbered beginning with 1 (any exhibits attached to subsequently filed testimony of the same witness shall continue the sequential numbering system); (4) Identified in the upper right-hand corner of each page by the docket number, a brief title, and the witness’ initials followed by the exhibit’s number; and (5) Paginated by showing in the upper right-hand corner of each page the page number followed by the total number of pages in the exhibit. An example of the information to appear in the upper right-hand corner of the exhibit is as follows: Docket No. 20012345-EI Foreign Coal Shipments to Port of Tampa Exhibit BLW-1, Page 1 of 2 After an opportunity for opposing parties to object to introduction of the exhibits and to cross-examine the witness sponsoring them, exhibits may be offered into evidence at the hearing. V. Discovery Procedures A. General Requirements The portion in bold type reflects the only modification to this section of the order. (9) Copies, whether hard copies or electronic, of discovery requests and responses shall be served on all parties and Commission staff. In addition, copies of all responses to requests for production of documents shall be provided to the Commission staff at its Tallahassee office unless otherwise agreed. The address block for Commission staff shall include the email address discovery- gcl@psc.state.fl.us in addition to the email address for staff counsel. VI. Prehearing Procedures H. Provision of Exhibits By October 25, 2024, each party must provide an electronic copy of all exhibits that the party plans to offer into evidence or use for demonstrative purposes during the hearing, except for exhibits that have already been prefiled with witness testimony that are in the docket file. Each party shall also provide a list of the exhibits it has electronically submitted. Absent a showing of good cause, the failure of a party to timely provide exhibits in compliance with this order may bar admission of such exhibits. Each exhibit must be saved as a distinct and separate electronic file; multiple exhibits combined in a single electronic file are not acceptable. No cover pages are required; however, as with all exhibits, a top margin of not less than one inch is required
ORDER NO. PSC-2024-0211-PCO-EI DOCKET NO. 20240001-EI PAGE 3 for stamping purposes. Each exhibit shall be named with the party’s acronym and sequential numbering as follows: FPL-1 – short document title, FPL-2 – short document title, etc. OPC-1 – short document title, OPC-2 – short document title, etc. Parties may use exhibit in their native Excel format for demonstrative purposes; however, any exhibits created in Excel that a party seeks to admit into the record must be converted to Adobe portable document format (pdf) and provided to the Commission as a separate electronic file. Any attachment to a discovery response that a party wishes to offer as an exhibit must be provided as a separate electronic file to be marked as a separate exhibit. Cumulative or irrelevant attachments are not appropriate exhibits. Confidential information will be handled as described below in the following section. However, parties must also provide an electronic, redacted, non-confidential version of each confidential exhibit they intend to use at the hearing. Each non-confidential exhibit and a list of these exhibits must be provided to the Commission Office of the General Counsel on either USB flash drives or CDs, or emailed to discovery-gcl@psc.state.fl.us. A copy of each exhibit and the accompanying list shall also be served electronically or by regular mail, overnight mail, or hand delivery to all other parties no later than the date provided to the Commission’s Office of the General Counsel. IX. Controlling Dates The following dates have been established to govern the key activities of this case. The portion in bold type reflects the modification to this section of the order: (1) Utilities’ Testimony and GPIF Schedules for the period January through December, 2023 March 15, 2024 (2) Utilities’ 2023 Final True-Up Testimony and Exhibits for the period January through December, 2023 April 3, 2024 (3) Utilities’ Testimony and Hedging Activity True-Up Report for the period August through December, 2023 April 3, 2024 (4) Utilities’ Actual/Estimated True-Up Testimony and Exhibits for the period January through December, 2024 July 26, 2024
ORDER NO. PSC-2024-0211-PCO-EI DOCKET NO. 20240001-EI PAGE 4 (5) Utilities Risk Management Plans January through December, 2025 July 26, 2024 (6) Utilities’ Hedging Activity Supplemental Report for the period January through July, 2024 August 9, 2024 (7) Utilities 2025 Projection Testimony and Exhibits September 5, 2024 (8) OPC/Intervenor Testimony and Exhibits, if any September 13, 2024 (9) Staff’s Testimony and Exhibits, if any September 18, 2024 (10) Rebuttal Testimony, if any September 27, 2024 (11) Prehearing Statements October 7, 2024 (12) Nuclear Filing TBD (13) Last Day to Conduct Discovery October 16, 2024 (14) Prehearing Conference October 24, 2024 (15) Provision of Exhibits October 25, 2024 (16) Hearing November 5-7, 2024 Based on the foregoing, it is ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Order No. PSC-2024-0027-PCO-EI is modified as set forth in the body of this order. It is further ORDERED that Order No. PSC-2024-0027-PCO-EI is reaffirmed in all other respects.
ORDERNO. PSC-2024-0211-PCO-EI DOCKETNO. 20240001-EI PAGES By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day of ------� RPS Gabriella Passidomo 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. 20th June 2024
ORDER NO. PSC-2024-0211-PCO-EI DOCKET NO. 20240001-EI PAGE 6 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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