Florida Public Service Commission native order document 01133-2023

FILED 2/15/2023
DOCUMENT NO. 01133-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Storm protection plan cost recovery
clause.
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DOCKET NO. 20230010-EI
ORDER NO. PSC-2023-0090-PCO-EI
ISSUED: February 15 , 2023
ORDER ESTABLISHING PROCEDURE
I. 	Case Background
The 2019 Florida Legislature enacted Section 366.96, Florida Statutes (F .S. ), entitled
"S torm protection plan cost recovery." Section 366.96(3), F.S., established a new requirement
that each public utility file a transmission and distribution storm protection plan (SPP) covering
the immediate 10-year planning period, and explaining the systematic approach the utility will
follow to ach ieve the objectives of reducing restoration costs and outage times associated with
extreme weather events and enhancing reliability. Pur suant to Sections 366.96(5) and 366.96(6),
F.S., the Florida Public Service Commission (Commission) is required every three years to
determine whether it is in the public interest to approve, approve with modification, or deny each
utility 's SPP.
In addition to reviewing SPPs at least every three years, the Commission must conduct an
annual proceeding pursuant to Section 366.96(7), F.S., to determine a utility' s prudently incurred
transmission and distribution storm protection plan costs and allow the utility to recover such
costs through a charge separate and apart from its ba se rates, to be referred to as the storm
protection plan cost recovery clause (SPPCRC). The annual SPPCRC proceeding is a rolling
three-year review that includes a 	true-up 	of costs for 	the prior year, 	the calculation of
ac tual/estimated costs for the year of the filing, and projected factors for the following year. If
the Commission determines that costs were prudently incurred, those costs will not be subject to
disallowance or further prudence review except for fraud, perjury, or intentional withholding of
key information by the public utility.
A. 	The 2020 SPP and SPPCRC Dockets
On March 3, 2020, the Commission opened separate dockets for review of the initial
SPPs for the following investor-owned electric utilities (IOUs):
Utility
Florida Power & Light Company (FPL)
Gulf Power Company (Gulf)
Tampa Electric Company (TECO)
Duke Energy Florida, LLC (DEF)
Florida Public Utilities Company (FPUC)
Docket No.
20200071-EI
20200070-EI
20200067-EI
20200069-EI
20200068-EI

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On March 13, 2020, the Commission opened Docket No. 20200092-EI as the companion
cost recovery clause (CRC) docket to the above SPP dockets. The Office of Public Counsel
(OPC), Walmart, the Florida Industrial Power Users Group (FIPUG), and White Springs
Agricultural Chemicals, Inc. d/b/a PCS Phosphate – White Springs (White Springs), each filed
for, and were granted intervention in Docket No. 20200092-EI. Several of these same entities
also intervened as parties in the individual SPP dockets.
FPL, Gulf, TECO, and DEF entered into a series of settlement agreements with the
intervening parties that resolved all disputed issues in those utilities’ individual SPP dockets and
the companion SPPCRC docket to the extent it impacted those utilities.1 In the settlements, the
various parties represented and agreed that the SPPs proposed by the four utilities were in the
public interest and that implementation of identified programs was not evidence of imprudence.
The parties also agreed as part of these settlements that FPL, Gulf, TECO, and DEF would file
updated SPPs in two years (2022), rather than three (2023). These settlement agreements were
approved by the Commission, as reflected in Order No. PSC-2020-0293-AS-EI, issued August
28, 2020.
FPUC did not submit a SPP. Rather, on March 17, 2020, FPUC requested that it be
allowed to defer the filing of its first SPP for a period of one year, from April 10, 2020, to April
10, 2021. By Order No. PSC-2020-0097-PCO-EI, issued on April 6, 2020, the Prehearing
Officer granted FPUC’s request to file its initial SPP in 2021, and further instructed FPUC to
submit its updated SPP in 2023. Following Commission approval of the settlement agreements
discussed immediately above, FPUC requested and was allowed by Order PSC-2021-0026-CO-
EI entered January 10, 2021, to defer the filing of its SPP from April 12, 2021, to April 2022, so
that it could remain in alignment with the overall plan update schedule for the other utilities.2
B. 	The 2021 SPPCRC Dockets
On January 4, 2021, the Commission opened Docket No. 20210010-EI as the first annual
SPPCRC proceeding. FPL, Gulf, TECO, DEF, and FPUC were made original parties to this
docket.3 Walmart, FIPUG, White Springs, and Nucor Steel Florida, Inc. (Nucor) all subsequently
filed for, and were granted leave to intervene in this docket. The Office of Public Counsel filed a
notice of intervention, which was acknowledged on July 8, 2021.
The Commission conducted an administrative hearing in Docket No. 20210010-EI on
August 3, 2021. The parties waived post-hearing briefs and either took no position or proposed
1 The parties to TECO’s settlement agreement in Docket No. 20200067-EI are OPC, Walmart, and FIPUG. The
parties to DEF’s settlement agreement in Docket No. 20200069-EI are OPC, Walmart, and White Springs. The
parties to the Gulf (Docket No. 20200070-EI) and FPL (Docket No. 20200071-EI) settlement agreements are OPC
and Walmart.
2 Docket No. 20200228-EI, In re: Request to modify filing dates set forth in Order PSC-2020-0097-PCO-EI for
storm protection plan and first plan update, by Florida Public Utilities Company.
3 FPUC did not file a petition seeking storm cost recovery and did not actively participate in this docket.

ORDER NO. PSC-2023-0090-PCO-EI
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for Commission consideration of Type 2 stipulations4 on all issues identified in the Prehearing
Order.5 The Commission approved all proposed Type 2 stipulations as reasonable and supported
by competent, substantial record evidence in the record in Order No. PSC-2021-0324-FOF-EI,
issued August 26, 2021. In that Order, the Commission approved SPPCRC true-up amounts for
2020 (TECO only) and 2021 (DEF, FPL & Gulf, TECO), and established SPPCRC projected
jurisdictional cost recovery amounts, depreciation amounts, jurisdictional separation factors, and
the factors for each rate group for 2022 (DEF, FPL & Gulf, TECO).
C. 	2022 SPP/SPPCRC Dockets
The 2022 annual SPPCRC docket was opened January 3, 2022, by Order No. PSC-2022-
0010-PCO-EI. TECO, DEF, FIPUG, FPL, White Springs, Nucor, OPC, FPUC, and Walmart
each filed a Notice of Intent to Retain Party Status. No additional parties filed for intervention.
On March 9, 2022, pursuant to Sections 366.96(5) and 366.96(6), F.S., and consistent
with the terms of the above-referenced settlement agreements,6 the Commission opened separate
dockets for review of the updated SPPs for TECO, DEF, and FPL, and the initial SPP for FPUC.7
On March 17, 2022, the Commission issued an Order Establishing Procedure (OEP) in these
dockets.8 The OEP consolidated the four dockets for purposes of the evidentiary hearing only.
Utility-specific filings would continue to be made in the appropriate individual docket. The OEP
also required the utilities to submit their SPPs no later than April 11, 2022.
Pursuant to the direction in the OEP, each utility filed its proposed SPP in its individual
docket. TECO filed a proposed SPP covering the period 2022-2031. FIPUG, OPC, and Walmart
were granted intervention in that docket. FPUC filed its first proposed SPP, which covers the
period 2022-2031. OPC was granted intervention in that docket. DEF filed its proposed SPP for
the period 2023-2032. FIPUG, Nucor, OPC, White Springs, and Walmart were granted
intervention in that docket. FPL filed its proposed SPP for the period 2023-2032. FIPUG, OPC,
Southern Alliance for Clean Energy (SACE), and Walmart were granted intervention in that
docket.
4 A Type 2 stipulation occurs on an issue when the utility and the staff, or the utility and at least one party
adversarial to the utility, agree on the resolution of the issue and the remaining parties (including staff if they do not
join in the agreement) do not object to the Commission relying on the agreed language to resolve that issue in a final
order.
5 Order No. PSC-2021-0290-PHO-EI, issued July 30, 2021.
6 The settlement agreements required these utilities to file updated plans in 2022, consistent with the requirement in
section 396.96(6), F.S., that the Commission conduct its review “[a]t least every 3 years.”
7 Docket No. 20220048-EI, In re: Review of Storm Protection Plan, pursuant to Rule 25-6.030, F.A.C., Tampa
Electric Company; Docket No. 20220050-EI, In re: Review of Storm Protection Plan, pursuant to Rule 25-6.030,
F.A.C., Duke Energy Florida, LLC; Docket No. 20220051-EI, In re: Review of Storm Protection Plan, pursuant to
Rule 25-6.030, F.A.C., Florida Power & Light Company; Docket No. 20220049-EI, In re: Review of Storm
Protection Plan, pursuant to Rule 25-6.030, F.A.C., Florida Public Utilities Company.
8 Order No. PSC-2022-0119-PCO-EI, issued March 17, 2022, in Docket Nos. 20220048-EI, 20220049-EI,
20220050-EI & 20220051-EI.

ORDER NO. PSC-2023-0090-PCO-EI
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The consolidated evidentiary hearing for these dockets was held August 2-4, 2022. After
full consideration of the record and the parties’ post-hearing submissions, the Commission
entered separate Final Orders approving, with modifications, each utility’s storm protection
plan.9 On December 15, 2022, OPC filed Notices of Administrative Appeal with the Florida
Supreme Court for all four dockets.10 These appeals remain pending.
The SPPCRC docket continued on its parallel track, while the SPP dockets were readying
for and proceeding to hearing. In April 2022, FPL, DEF, and TECO filed their petitions in the
SPPCRC docket for approval of prior year (January through December 2021) actual true-up. In
May 2022, all four utilities filed their petitions for approval of current year (January through
December 2022) actual/estimated true-up and projected 2023 cost recovery factors. TECO and
FPUC revised certain submissions with subsequent filings in August 2022.
Because 	the 	Commission 	approved 	the 	updated 	SPPs 	of 	TECO 	and 	FPL 	with
modifications, those two utilities were required to made corresponding modifications to their
original cost recovery requests.11 Accordingly, on October 14, 2022, TECO and FPL each filed
an amended petition and supplemental testimony in the SPPCRC docket to align their cost
recovery requests with the modifications to their updated SPPs made by the Commission.
An evidentiary hearing in the SPPCRC docket was held November 17, 2022. The parties
elected to present closing arguments in lieu of briefs. At the conclusion of the parties’ closing
arguments, 	staff 	presented 	a 	recommendation 	on 	each 	of 	the 	issues. 	The 	Commission
subsequently entered Final Order Approving Storm Cost Recovery Amounts and Related Tariffs
and Establishing Storm Cost Recovery Factors for the Period January 2023 Through December
2023, Order No. PSC-2022-0418-FOF-EI. On December 20, 2022, OPC filed a Notice of
Administrative Appeal of this Final Order with the Florida Supreme Court.12 This appeal remains
pending.
9 Order No. PSC-2022-0386A-FOF-EI, issued December 1, 2022, in Docket No. 20220048-EI, In re: Review of
Storm Protection Plan, pursuant to Rule 25-6.030, F.A.C., Tampa Electric Company; Order No. PSC-2022-0387-
FOF-EI, issued November 10, 2023, in Docket No. 20220049-EI, In re: Review of Storm Protection Plan, pursuant
to Rule 25-6.030, F.A.C., Florida Public Utilities Company; Order No. PSC-2022-0388A-FOF-EI, issued November
14, 2022, in Docket No. 20220050-EI, In re: Review of Storm Protection Plan, pursuant to Rule 25-6.030, F.A.C.,
Duke Energy Florida, LLC; and Order No. PSC-2022-0389-FOF-EI, issued November 10, 2022, in Docket No.
20220051-EI, In re: Review of Storm Protection Plan, pursuant to Rule 25-6.030, F.A.C., Florida Power & Light
Company.
10 Case Nos. SC22-1733 (FPL), SC22-1735 (DEF), SC22-1745 (FPUC) & SC22-1748 (TECO).
11 “If the Commission approves the utility’s Storm Protection Plan with modifications, the utility shall, within 15
business days, file an amended cost recovery petition and supporting testimony reflecting the modifications.” Rule
25-6.031(2). F.A.C.
12 Case No. SC22-1777.

ORDER NO. PSC-2023-0090-PCO-EI
DOCKET NO. 20230010-EI
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D. 	Authority
This docket has been opened under the authority of Sections 366.96(5), 366.96(6), and
366.96(7), F.S., for the Commission to establish the amount of prudently incurred costs each
utility shall be allowed to recover through the SPPCRC and the specific terms of that recovery.
This matter has been scheduled for an evidentiary hearing August 22-24, 2023.
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. 	General Filing Procedures
Filings pertaining to this docket must comply with Rule 28-106.104, F.A.C. Filing may
be 	accomplished 	electronically 	as 	provided 	in 	the 	Commission’s 	Statement 	of 	Agency
Organization and Operation and the E-Filing Requirements link, posted on our website,
www.floridapsc.com. If filing via mail, hand delivery, or courier service, the filing should be
addressed to:
Office of Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399-0850
The Commission strongly encourages electronic filing, which is available from the
Commission’s Home Page under the Clerk’s Office menu and Electronic Filing web form. The
filing party is responsible for ensuring that no information protected by privacy or confidentiality
laws is contained in any electronic document. To the extent possible, when making an electronic
filing, an electronic copy of all filings shall also be provided to parties and Commission staff in
Microsoft Word format and all schedules shall be provided in Microsoft Excel format with
formulas intact and unlocked.
III. 	Tentative List of Issues
A list of the issues identified thus far in this proceeding is attached hereto as Appendix A.
The scope of this proceeding will be based upon these issues as well as other issues raised by the
parties up to and during the Prehearing Conference, unless modified by the Commission.
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 	IX 	of 	this 	Order. 	Testimony 	and 	exhibits 	may 	be 	filed
electronically. If filing paper copies, an original and 15 copies of all testimony and exhibits shall

ORDER NO. PSC-2023-0090-PCO-EI
DOCKET NO. 20230010-EI
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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 may bar admission of such exhibits and testimony.
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 tabs.
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;
(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
Discovery shall be conducted in accordance with the provisions of Chapter 120, Florida
Statutes (F.S.), and the relevant provisions of Chapter 366, F.S., Rules 25-22, 25-40, and 28-106,
F.A.C., and the Florida Rules of Civil Procedure (as applicable), as modified herein or as may be
subsequently modified by the Prehearing Officer.
Unless subsequently modified by the Prehearing Officer, the following shall apply:
(1) 	Discovery shall be completed by August 4, 2023.

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(2) 	Discovery requests and responses shall be served by e-mail, hand delivery, or
overnight mail, and electronic service is encouraged. Discovery served via e-mail
shall be limited to 5 MB per attachment, shall indicate how 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.
(3) 	Each electronic discovery response shall be given a separate electronic file name
that is no longer than 60 characters.
(4) 	Sets of interrogatories, requests for admissions, requests for production of
documents, or other forms of discovery shall be numbered sequentially in order to
facilitate identification.
(5) 	Within each set, discovery requests shall be numbered sequentially, and any
discovery requests in subsequent sets shall continue the sequential numbering
system.
(6) 	For discovery requests made prior to the filing of the utility’s rebuttal testimony,
discovery responses shall be served within 30 days (inclusive of mailing) of
receipt of the discovery request. For discovery requests related to matters
addressed in the utility’s rebuttal testimony, discovery responses shall be served
within seven days of receipt of the discovery request.
(7) 	Each page of every document produced pursuant to requests for production of
documents shall be identified individually through the use of a Bates Stamp or
other equivalent method of sequential identification. Parties should number
produced documents in an unbroken sequence through the final hearing.
(8) 	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.
(9) 	Parties shall file in the Commission Clerk’s Office a notice of service of any
interrogatories 	or 	requests 	for 	production 	of 	documents 	propounded 	and
associated responses in this docket, giving the date of service and the name of the
party to whom the discovery was directed.
Unless subsequently modified by the Prehearing Officer, the following shall apply:
(1) 	Interrogatories, including all subparts, shall be limited to 300.
(2) 	Requests for production of documents, including all subparts, shall be limited to
300.
(3) 	Requests for admissions, including all subparts, shall be limited to 100.
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 seven days
of service of the discovery request. For discovery requests served after the date for rebuttal
testimony, such clarification must be requested within three days. This procedure is intended to
reduce delay in resolving discovery disputes.

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DOCKET NO. 20230010-EI
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B. 	Confidential Information Provided Pursuant to Discovery
Any information provided to the Commission staff pursuant to a discovery request by the
staff or any other person and for which proprietary confidential business information status is
requested pursuant to Section 366.093, F.S., and Rule 25-22.006, F.A.C., shall be treated by the
Commission as confidential. The information shall be exempt from Section 119.07(1), F.S.,
pending a formal ruling on such request by the Commission or pending return of the information
to the person providing the information. If no determination of confidentiality has been made and
the information has not been made a part of the evidentiary record in this proceeding, it shall be
returned to the person providing the information. If a determination of confidentiality has been
made and the information was not entered into the record of this proceeding, it shall be returned
to the person providing the information within the time period set forth in Section 366.093, F.S.
The Commission may determine that continued possession of the information is necessary for
the Commission to conduct its business.
Redacted versions of confidential filings may be served electronically, but in no instance
may confidential information be electronically submitted. If the redacted version is served
electronically, the confidential information (which may be on a CD, DVD, or flash drive) shall
be filed with the Commission Clerk via hand-delivery, U.S. Mail, or overnight mail on the day
that the redacted version was served via e-mail.
When a person provides information that it maintains as proprietary confidential business
information to the Office of Public Counsel pursuant to a discovery request by the Office of
Public Counsel or any other party, that party may request a temporary protective order pursuant
to Rule 25-22.006(6)(c), F.A.C., exempting the information from Section 119.07(1), F.S.
When a party other than the Commission staff or the Office of Public Counsel requests
information through discovery that the respondent maintains as proprietary confidential business
information, or when such a party would otherwise be entitled to copies of such information
requested by other parties through discovery (e.g., interrogatory responses), that party and
respondent shall endeavor in good faith to reach agreement that will allow for the exchange of
such information on reasonable terms, as set forth in Rule 25-22.006(7)(b), F.A.C.
VI. 	Prehearing Procedures
A. 	Prehearing Statements
All parties in this docket and the Commission staff shall file a Prehearing Statement
pursuant to the schedule set forth in Section IX of this Order. Each Prehearing Statement shall be
filed with the Office of Commission Clerk by 5:00 p.m. on the date due. A copy, whether paper
or electronic, of the Prehearing Statement shall be served on all other parties and staff no later
than the date it is filed with the Commission.
Each party’s Prehearing Statement shall set forth the following information in the
sequence listed below:

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(1) 	The name of all known witnesses whose testimony has been prefiled or
who may be called by the party, along with subject matter of each such
witness’ testimony and the corresponding issue numbers in the following
format:
All Known Witnesses:
Witness 	Subject Matter 	Issue #
Direct
John Smith 	Subject . . . 	1, 3-5
(2) 	A description of all prefiled exhibits and other exhibits that may be used
by the party in presenting its direct case (including individual components
of a composite exhibit) and the witness sponsoring each in the following
format:
All Known Exhibits:
Witness 	Proffered By 	Exhibit
No.
Description 	Issue #
Direct
John Smith 	Party/Utility
Name
ABC-1 	Title ...... 	1, 3-5
(3) 	A statement of the party’s basic position in the proceeding;
(4) 	A statement of each question of fact, question of law, and policy question
that the party considers at issue, along with the party’s position on each
issue, and, where applicable, the names of the party's witness(es) who will
address each issue. Parties who wish to maintain “no position at this time”
on any particular issue or issues should refer to the requirements of
subsection C, below;
(5) 	A statement of issues to which the parties have stipulated;
(6) 	A statement of all pending motions or other matters the party seeks action
upon;
(7) 	A 	statement 	identifying 	the 	party’s 	pending 	requests 	or 	claims 	for
confidentiality;
(8) 	Any objections to a witness’ qualifications as an expert. The objection
shall identify each witness the party wishes to voir dire as well as state
with specificity the portions of that witness’s prefiled testimony, by page
and line number, and/or exhibits, by page and line number, to which the
party objects. Failure to specifically identify the portions of the prefiled
testimony or exhibits to which the party objects will result in restriction of
a party’s ability to conduct voir dire absent a showing of good cause at the
time the witness is offered for cross-examination at hearing;

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(9) 	A request for sequestration of witnesses, so any such request may be
resolved by the Prehearing Officer prior to the hearing. Failure to make
such a request shall constitute a waiver of the right to request sequestration
of witnesses absent a showing of good cause; and
(10) 	A statement as to any requirement set forth in this order that cannot be
complied with, and the reasons therefore.
Failure of a party to timely file a Prehearing Statement shall be a waiver of any issue not
raised by other parties or by the Commission. In addition, such failure shall preclude the party
from presenting testimony in support of its position on each such issue.
B. 	Attendance at Prehearing Conference
Pursuant to Rule 28-106.209, F.A.C., a Prehearing Conference will be held August 8,
2023, at the Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. Unless
excused 	by 	the 	Prehearing 	Officer 	for 	good 	cause 	shown, 	each 	party 	(or 	designated
representative) shall personally appear at the Prehearing Conference. Failure of a party (or that
party’s representative) to appear shall constitute waiver of that party’s issues and positions, and
that party may be dismissed from the proceeding.
C. 	Waiver of Issues
Any issue not raised by a party either before or during the Prehearing Conference shall be
waived by that party, except for good cause shown. A party seeking to raise a new issue after the
Prehearing Conference shall address each of the following:
(1) 	Whether the party was unable to identify the issue because of the complexity of
the matter;
(2) 	Whether discovery or other prehearing procedures were not adequate to fully
develop the issue;
(3) 	Whether due diligence was exercised to obtain facts touching on the issue;
(4) 	Whether information obtained subsequent to the Prehearing Conference was not
previously available to enable the party to identify the issue; and
(5) 	Whether introduction of the issue would not be to the prejudice or surprise of any
party.
Specific reference shall be made to the information received and how it enabled the party to
identify the issue.
Unless a matter is not at issue for that party, each party shall take a position on each issue
by the time of the Prehearing Conference or by such later time as may be permitted by the
Prehearing Officer. If a party is unable through diligence and good faith efforts to take a position
on a matter at issue for that party, it shall explicitly state in its Prehearing Statement why it
cannot take a position. If the Prehearing Officer finds that the party has acted diligently and in
good faith to take a position, and further finds that the party's failure to take a position will not

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prejudice other parties or confuse the proceeding, the party may maintain “no position at this
time” prior to hearing and thereafter identify its position in a post-hearing statement of issues. In
the absence of such a finding by the Prehearing Officer, the party shall have waived the entire
issue, and the party’s position shall be shown as “no position” in the Prehearing Order. A party
who takes no position on an issue by the time of the Prehearing Conference, or by such later time
as may be permitted by the Prehearing Officer, waives its opportunity to conduct cross-
examination on the issue as well as file a post-hearing brief on the issue. Commission staff may
take “no position at this time” or a similar position on any issue without having to make the
showing described above and without waiver of cross-examination.
D. 	Motions to Strike Prefiled Testimony and Exhibits
Motions to strike any portion of the prefiled testimony and related portions of exhibits of
any witness shall be made in writing no later than July 28, 2023, and identify with specificity the
page and line numbers of the information to be stricken. Motions to strike any portion of prefiled
testimony and related portions of exhibits at hearing shall be considered untimely, absent good
cause shown.
E. 	Demonstrative Exhibits
If a party wishes to use a demonstrative exhibit or other demonstrative tools at hearing,
such materials must be identified by the time of the Prehearing Conference.
F. 	Official Recognition
Parties seeking official recognition of materials pursuant to Section 120.569(2)(i), F.S.,
shall notify all other parties and Commission staff in writing no later than two business days
prior to the first scheduled hearing date. Such notification shall identify all materials for which
the party seeks official recognition, and such materials shall be provided along with the
notification.
G. 	Use of Depositions at Hearing
Absent agreement by all parties concerning the introduction of depositions into the record
at the hearing, any party wishing to introduce all or part of a deposition at hearing for any
purpose other than impeachment, must file a Notice of Intent to Use Deposition no later than the
last day to conduct discovery in this docket as set forth in Section IX of this Order. The Notice
shall include the following information for each deposition:
(1) Name of witness deposed;
(2) Date deposition was taken; and
(3) Page and line numbers of each deposition the party seeks to introduce, when
available.

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Objection(s) to the entry into the record of a deposition or portion thereof at hearing for
purposes other than impeachment must be made in writing within three days of filing a Notice of
Intent to use Deposition for resolution by the Prehearing Officer.
VII. 	Hearing Procedures
A. 	Attendance at Hearing
Unless excused by the Presiding Officer for good cause shown, each party (or designated
representative) shall personally appear at the hearing. Failure of a party, or that party’s
representative, to appear shall constitute waiver of that party’s issues, and that party may be
dismissed from the proceeding.
Likewise, all witnesses are expected to be present at the hearing unless excused by the
Presiding Officer upon the staff attorney’s confirmation prior to the hearing date of the
following:
(1) 	All parties agree that the witness will not be needed for cross examination.
(2) 	All Commissioners assigned to the panel do not have questions for the witness.
In the event a witness is excused in this manner, his or her testimony may be entered into
the record as though read following the Commission’s approval of the proposed stipulation of
that witness’s testimony.
B. 	Cross-Examination
The parties shall avoid duplicative or repetitious cross-examination. Further, friendly
cross-examination will not be allowed. Cross-examination shall be limited to witnesses whose
testimony is adverse to the party desiring to cross-examine. Any party conducting what appears
to be a friendly cross-examination of a witness should be prepared to indicate why that witness's
direct testimony is adverse to its interests.
During cross-examination, if a witness (or their counsel) responds (or objects) to a
relevant question by referring the question to another party witness, the counsel who is
sponsoring the current witness shall confirm the identity of the appropriate party witness who
can more fully address the question.
Each party shall be required to provide by a time certain and in a manner to be announced
at a later date, all exhibits (whether for substantive, corroborative, impeachment, or rebuttal
purposes, including deposition transcripts that may be used for impeachment) reasonably
expected or intended to be offered at the hearing.

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DOCKET NO. 20230010-EI
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C. 	Use of Confidential Information at Hearing
It is the policy of this Commission that all Commission hearings be open to the public at
all times. The Commission also recognizes its obligation pursuant to Section 366.093, F.S., to
protect proprietary confidential business information from disclosure outside the proceeding.
Therefore, any party wishing to use at the hearing any proprietary confidential business
information, as that term is defined in Section 366.093, F.S., shall adhere to the following:
(1) 	When confidential information is used in the hearing that has not been filed as
prefiled 	testimony 	or 	prefiled 	exhibits, 	parties 	must 	have 	copies 	for 	the
Commissioners, necessary staff, and the court reporter, in red envelopes clearly
marked with the nature of the contents. Any party wishing to examine the
confidential material that is not subject to an order granting confidentiality shall
be provided a copy in the same fashion as provided to the Commissioners, subject
to execution of any appropriate protective agreement with the owner of the
material.
(2) 	Counsel and witnesses are cautioned to avoid verbalizing confidential information
in such a way that would compromise confidentiality. Therefore, confidential
information should be presented by written exhibit when reasonably possible.
At the conclusion of that portion of the hearing that involves confidential information, all
copies of confidential exhibits shall be returned to the proffering party. If a confidential exhibit
has been admitted into evidence, the copy provided to the court reporter shall be retained in the
Office of Commission Clerk’s confidential files. If such information is admitted into the
evidentiary record at hearing and is not otherwise subject to a request for confidentiality filed
with the Commission, the source of the information must file a request for confidential
classification of the information within 21 days of the conclusion of the hearing, as set forth in
Rule 25-22.006(8)(b), F.A.C., if continued confidentiality of the information is to be maintained.
VIII. 	Post-Hearing Procedures
If the Commission (or assigned panel) does not render a bench decision at the hearing, it
may allow each party to file a post-hearing statement of issues and positions pursuant to the
schedule set forth in Section IX of this Order. In such event, a summary of each position of no
more than 75 words, set off with asterisks, shall be included in that statement. If a party’s
position has not changed since the issuance of the Prehearing Order, the post-hearing statement
may simply restate the prehearing position. However, the position must be reduced to no more
than 75 words. If a post-hearing statement is required and a party fails to file in conformance
with Rule 28-106.215, F.A.C., that party shall have waived all issues and may be dismissed from
the proceeding.
Further, pursuant to Rule 28-106.215, F.A.C., a party’s proposed findings of fact and
conclusions of law, if any, statement of issues and positions, and brief, shall together total no
more than 40 pages and shall be filed at the same time, unless modified by the Presiding Officer.

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DOCKET NO. 20230010-EI
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IX. 	Controlling Dates
The following dates have been established to govern the key activities of this case:
(1) 	Utilities’ Prior Year True-up Filings 	April 3, 2023
(2) 	Utilities’ Current Year True-Up & 	May 1, 2023
Projection Filings
(3) 	Utilities’ Subsequent Year Projection 	May 1, 2023
Filings
(4) 	Intervenors’ Testimony and Exhibits 	June 23, 2023
(5) 	Staff Testimony and Exhibits 	June 30, 2023
(6) 	Rebuttal Testimony and Exhibits 	July 14, 2023
(7) 	Prehearing Statements 	July 21, 2023
(8) 	Discovery Deadline 	August 4, 2023
(9) 	Prehearing Conference 	August 8, 2023
(10) 	Hearing 	August 22-24, 2023
(11) 	Briefs 	September 20, 2023
In addition, all parties should be on notice that the Prehearing Officer may exercise the
discretion to schedule additional Prehearing Conferences or meetings of the parties as deemed
appropriate. Such meetings will be properly noticed to afford the parties an opportunity to attend.
Based upon the foregoing, it is
ORDERED by Commissioner Mike La Rosa, as Prehearing Officer, that the provisions of
this Order shall govern this proceeding unless modified by the Commission.

ORDER NO. PSC-2023-0090-PCO-EI
DOCKET NO. 20230010-EI
PAGE 15
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 15th day of
February, 2023.
Mike La Rosa
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.
SPS
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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DOCKET NO. 20230010-EI
PAGE 16
APPENDIX A
GENERIC STORM PROTECTION PLAN COST RECOVERY ISSUES
ISSUE 1: 	What jurisdictional amounts should the Commission approve as the Utilities’ final
2022 prudently incurred costs and final true-up revenue requirement amounts for
the Storm Protection Plan Cost Recovery Clause?
ISSUE 2: 	What jurisdictional amounts should the Commission approve as the Utilities’
reasonably estimated 2023 costs and estimated true-up revenue requirement
amounts for the Storm Protection Plan Cost Recovery Clause?
ISSUE 3: 	What jurisdictional amounts should the Commission approve as the Utilities’
reasonably projected 2024 costs and projected revenue requirement amounts for
the Storm Protection Plan Cost Recovery Clause?
ISSUE 4: 	What are the Storm Protection Plan Cost Recovery Clause total jurisdictional cost
recovery amounts, including true-ups, to be included in establishing Storm
Protection Plan Cost Recovery factors for 2024?
ISSUE 5: 	What depreciation rates should be used to develop the depreciation expense
included in the total Storm Protection Plan Cost Recovery Clause amounts for
2024?
ISSUE 6: 	What are the appropriate jurisdictional separation factors for 2024?
ISSUE 7: 	What are the appropriate Storm Protection Plan Cost Recovery Clause factors for
2024 for each rate class?
ISSUE 8: 	What should be the effective date of the new Storm Protection Plan Cost
Recovery Clause factors for billing purposes?
ISSUE 9: 	Should 	the 	Commission 	approve 	revised 	tariffs 	reflecting 	the 	new 	Storm
Protection Plan Cost Recovery Clause factors determined to be appropriate in this
proceeding?
ISSUE 10: 	Should this docket be closed?
COMPANY-SPECIFIC STORM PROTECTION PLAN COST RECOVERY ISSUES
These issues will be added as they are developed.