Order No. PSC-2023-0182-PCO-EI•Florida Public Service Commission native order document 03797-2023
Florida Public Service Commission native order document 03797-2023
Order No. PSC-2023-0182-PCO-EIFlapubserv
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FILED 6/26/2023 DOCUMENT NO. 03797-2023 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of smart outdoor DOCKET NO. 20230068-EI lighting services pilot program by Duke ORDER NO. PSC-2023-0182-PCO-EI Ener Florida, LLC. ISSUED: June 26, 2023__--=,:_______:'---------------" The following Commissioners participated in the disposition of this matter: BY THE COMMISSION: ANDREW GILES FAY, Chairman ARTGRAHAM GARY F. CLARK MIKE LAROSA GABRIELLA P ASSIDOMO ORDER SUSPENDING TARIFF BA CKGROUND On May 15 , 2023 , Duke Energy Florida, LLC (Duke) filed a petition for approval of the smart outdoor lighting services pilot program (pilot program). Specifically, Duke is proposing to make modifications to Tariff Sheet No s. 6.280 and 6.281 to allow certain customers who take service under the existing LS-I lighting tariff to set their own personal lighting schedule and to dim the lights. The LS-I lighting tariff is ava ilable to any customer for the sole purpose of lighting roadways or other outdoor land use areas. Currently, the energy rates for the LS-I tariff are set for all customers based on the same lighting schedule (dusk to dawn). In its petition, Duke asserts that the pilot program will allow it to gather data on energy usage changes so that it can consider a future permanent program that is appropriately priced. Duke proposes to limit participation in the pilot program to I 0,000 lights, while also reserving the right to allow additional participation. If approved, the pilot program would last 18 months from the day of the final Commission order approving the petition. This order is to suspend the proposed ta riffs. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.). DECISION Pursuant to Section 366.06(3), F .S ., we m ay withhold consent to the operation of all or any portion of a new rate schedule, delivering to the utility requesting such a change a reason or written statement of good cause for doing so within 60 days. Our Staff has recommended that this tariff be suspended to allow sufficient time for them to review the petition and gather all pertinent information in order to present us with an informed recommendation on the tariff proposals. We find that the necessity for sufficient time to review the Company' s proposal constitutes good cause consistent with the requirements of Section 366.06(3), F.S. Based on the foregoing, it is
ORDER NO. PSC-2023-0182-PCO-EI DOCKET NO . 20230068-EI PAGE2 ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC's proposed outdoor lighting services pilot program and tariff shall be suspended to allow Commission staff sufficient time to review the petition and gather all pertinent information in order to present us with an informed recommendation on the tariff proposal. · It is further ORDERED that this docket shall remain open pending our decision on the proposed tariffs. SBr By ORDER of the Florida Public Service Commission this 26 th day of June, 2023. Commj sion Cl k Flori &i 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.
ORDER NO. PSC-2023-0182-PCO-EI DOCKET NO. 20230068-EI PAGE 3 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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