FLORIDA PUBLIC SERVICE COMMISSION

COMMISSION CONFERENCE AGENDA

CONFERENCE DATE AND TIME:  Wednesday, January 10, 2024, 9:30 a.m.

LOCATION:  Betty Easley Conference Center, Joseph P. Cresse Hearing Room 148

DATE ISSUED:  December 28, 2023

 

NOTICE

Persons affected by Commission action on certain items on this agenda may be allowed to address the Commission, either informally or by oral argument, when those items are taken up for discussion at this conference. These items are designated by double asterisks (**) next to the item number.

To participate informally, affected persons need only appear at the conference and request the opportunity to address the Commission on an item listed on the agenda. Informal participation is not permitted: (1) on dispositive motions and motions for reconsideration; (2) when a recommended order is taken up by the Commission; (3) in a rulemaking proceeding after the record has been closed; or (4) when the Commission considers a post-hearing recommendation on the merits of a case after the close of the record. The Commission allows informal participation at its discretion in certain types of cases (such as declaratory statements and interim rate orders) in which an order is issued based on a given set of facts without hearing. See Florida Administrative Code Rules 25-22.0021 (agenda conference participation) and 25-22.0022 (oral argument).

Conference agendas, staff recommendations, vote sheets, and transcripts are available online at https://www.floridapsc.com, by selecting Conferences &  Meeting Agendas  and Commission Conferences of the FPSC.  An official vote of "move staff" denotes that the Item's recommendations were approved. 

In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate at this proceeding should contact the Office of Commission Clerk no later than five days prior to the conference at 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 or 850-413-6770 (Florida Relay Service, 1-800-955-8770 Voice or 1-800-955-8771 TDD). Assistive Listening Devices are available upon request from the Office of Commission Clerk, Gerald L. Gunter Building, Room 152.

The Commission Conference has a live video broadcast the day of the conference, which is available from the FPSC website.  Upon completion of the conference, the archived video will be available from the website by selecting Conferences & Meeting Agendas, then Audio and Video Event Coverage.

EMERGENCY CANCELLATION OF CONFERENCE: If a named storm or other disaster requires cancellation of the Conference, Commission staff will attempt to give timely notice. Notice of cancellation will be provided on the Commission’s website (https://www.floridapsc.com) under the Hot Topics link on the home page. Cancellation can also be confirmed by calling the Office of Commission Clerk at 850-413-6770.

If you have any questions, contact the Office of Commission Clerk at 850-413-6770 or Clerk@psc.state.fl.us.


1**................. Docket No. 20230115-EU – Proposed amendment of Rule 25-6.0131, F.A.C., Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives. 1

2..................... Docket No. 20230128-EU – Petition for declaratory statement regarding Rule 25-6.049, F.A.C., by 1150 WHG, LLC. 2

3**PAA......... Docket No. 20230122-EI – Petition for variance from Rule 25-6.043(1)(a), F.A.C., by Tampa Electric Company. 3

 


   1**                           Docket No. 20230115-EU – Proposed amendment of Rule 25-6.0131, F.A.C., Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives.

Rule Status:

Proposed

Commissioners Assigned:

All Commissioners

Prehearing Officer:

Administrative

Staff:

GCL:   Rubottom, Dike

EXE:   Lynn

ECO:   McNulty, Hampson, Kunkler

 

Issue 1: 

 Should the Commission propose the amendment of Rule 25-6.0131, F.A.C., Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives?

Recommendation: 

 Yes, the Commission should propose the amendment of Rule 25-6.0131, F.A.C., as set forth in Attachment A of staff’s memorandum dated December 28, 2023. The Commission should also certify that Rule 25-6.0131, F.A.C., is a rule the violation of which would be a minor rule violation pursuant to Section 120.695, F.S.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes, if no requests for hearing or JAPC comments are filed, the rule should be filed for adoption with the Department of State, and the docket should be closed.

 

 


   2                               Docket No. 20230128-EU – Petition for declaratory statement regarding Rule 25-6.049, F.A.C., by 1150 WHG, LLC.

Critical Date(s):

2/6/24 (Final Order on Petition for Declaratory Statement Must be Issued by this Date Pursuant to Section 120.565(3), Florida Statutes)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

La Rosa

Staff:

GCL:   Dike, Sapoznikoff

ECO:   Hampson, Kelley

 

(Decision on Declaratory Statement - Participation is at the Discretion of the Commission)

Issue 1: 

 Should the Commission grant WHG’s Petition for Declaratory Statement?

Recommendation: 

 No. The Commission should deny WHG’s Petition for Declaratory Statement and instead declare that WHG does not qualify for the grandfather exception under Rule 25-6.049, F.A.C., and that WHG must use individual metering on its property.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes. If the Commission votes to either grant or deny the Petition for Declaratory Statement, a final order will be issued and the docket should be closed.

 

 


   3**PAA                   Docket No. 20230122-EI – Petition for variance from Rule 25-6.043(1)(a), F.A.C., by Tampa Electric Company.

Critical Date(s):

01/24/24 (Date by which petition must be ruled on pursuant to Section 120.542(8), F.S.)

Commissioners Assigned:

All Commissioners

Prehearing Officer:

La Rosa

Staff:

GCL:   Thompson, J. Crawford, Dose

AFD:   Vogel

ECO:   Draper, Hampson

ENG:   Ballinger

 

Issue 1: 

 Should the Commission grant TECO’s petition for variance from Rule 25-6.043(1)(a), F.A.C.?

Recommendation: 

 No, the Commission should deny TECO’s petition for variance from Rule 25-6.043(1)(a), F.A.C.

Issue 2: 

 Should this docket be closed?

Recommendation: 

 Yes. If no person whose substantial interests are affected by the proposed agency action files a protest within 21 days of the issuance of the order, this docket should be closed upon the issuance of a consummating order.