1 00:00:06,606 --> 00:00:07,640 >> Commissioner Clark: 2 00:00:07,640 --> 00:00:09,640 all right. 3 00:00:11,243 --> 00:00:11,811 Everyone's here, we'll go 4 00:00:11,811 --> 00:00:13,213 ahead and get started this 5 00:00:13,213 --> 00:00:15,213 morning. 6 00:00:17,817 --> 00:00:18,250 Where -- will call the 7 00:00:18,250 --> 00:00:20,250 prehearing to order. 8 00:00:24,424 --> 00:00:24,957 >> good morning. 9 00:00:24,957 --> 00:00:25,458 By notice issued on JULY 10 00:00:25,458 --> 00:00:25,892 22, 2026, this time and 11 00:00:25,892 --> 00:00:26,426 place was set for a 12 00:00:26,426 --> 00:00:27,600 prehearing conference in 13 00:00:27,600 --> 00:00:29,600 docket numbers 14 00:00:35,735 --> 00:00:37,735 20260010-ei and 202600 -- 15 00:00:39,472 --> 00:00:39,973 excuse me, 20260010-ei 16 00:00:39,973 --> 00:00:41,973 and 20260011-gu. The 17 00:00:44,511 --> 00:00:45,440 purpose of the 18 00:00:45,440 --> 00:00:45,578 pre-hearings are set out 19 00:00:45,578 --> 00:00:46,179 more fully in the notice. 20 00:00:46,179 --> 00:00:46,446 >> Commissioner Clark: 21 00:00:46,446 --> 00:00:48,446 all right. 22 00:00:53,853 --> 00:00:54,487 We'll take appearances. 23 00:00:54,487 --> 00:00:54,887 >> there are two dockets 24 00:00:54,887 --> 00:00:55,388 to address today. 25 00:00:55,388 --> 00:00:55,889 Staff suggest that all 26 00:00:55,889 --> 00:00:56,890 appearances be taken at 27 00:00:56,890 --> 00:00:58,890 once. 28 00:00:58,591 --> 00:01:00,991 All parties should enter 29 00:01:01,427 --> 00:01:01,960 their appearances and 30 00:01:01,960 --> 00:01:02,461 declare the dockets that 31 00:01:02,461 --> 00:01:04,664 they are appearing for. 32 00:01:04,664 --> 00:01:05,164 After the parties make 33 00:01:05,164 --> 00:01:05,465 appearances, staff will 34 00:01:05,465 --> 00:01:06,650 make hours. 35 00:01:06,650 --> 00:01:06,332 >> Commissioner Clark: 36 00:01:06,332 --> 00:01:06,833 all right. 37 00:01:06,833 --> 00:01:09,833 We'll to start down on 38 00:01:17,100 --> 00:01:17,276 this side and come down 39 00:01:17,276 --> 00:01:17,710 the line. 40 00:01:17,710 --> 00:01:18,211 >> thank you. 41 00:01:18,211 --> 00:01:18,744 Good morning, everyone. 42 00:01:18,744 --> 00:01:19,245 Joel baker appearing on 43 00:01:19,245 --> 00:01:19,779 behalf of florida power 44 00:01:19,779 --> 00:01:22,140 and light company on the 45 00:01:22,140 --> 00:01:22,581 2026001 docket and I don't 46 00:01:22,581 --> 00:01:23,480 like to make an appearance 47 00:01:23,480 --> 00:01:23,315 for christopher right. 48 00:01:23,315 --> 00:01:23,816 Thank you. 49 00:01:23,816 --> 00:01:25,816 >> good morning, 50 00:01:31,230 --> 00:01:31,524 commissioner clark. 51 00:01:31,524 --> 00:01:33,924 20260011-gu and I also 52 00:01:40,366 --> 00:01:40,900 like to enter appearances 53 00:01:40,900 --> 00:01:41,300 for stephanie cuello and 54 00:01:41,300 --> 00:01:41,667 dianne triplett. 55 00:01:41,667 --> 00:01:42,201 >> good morning. 56 00:01:42,201 --> 00:01:42,568 It appearing on behalf of 57 00:01:42,568 --> 00:01:43,690 tampa electric. 58 00:01:43,690 --> 00:01:44,904 I'd also like to enter 59 00:01:44,904 --> 00:01:46,405 appearances for jeffry 60 00:01:46,405 --> 00:01:48,805 wahlen and matthew jones. 61 00:02:01,454 --> 00:02:01,687 >> beth keating here for 62 00:02:01,687 --> 00:02:02,155 fpu see. 63 00:02:02,155 --> 00:02:02,688 >> good morning. 64 00:02:02,688 --> 00:02:03,189 I'd also like to make an 65 00:02:03,189 --> 00:02:05,189 appearance for jeffry 66 00:02:06,692 --> 00:02:07,260 wahlen and matt jones. 67 00:02:07,260 --> 00:02:07,460 >> welcome back, MR. 68 00:02:07,460 --> 00:02:09,460 Kelly. 69 00:02:09,896 --> 00:02:10,229 >> thank you, 70 00:02:10,229 --> 00:02:12,229 commissioner. 71 00:02:15,501 --> 00:02:16,350 Jeffry wahlen in the 72 00:02:16,350 --> 00:02:16,602 20260010 docket on behalf 73 00:02:16,602 --> 00:02:19,238 of panama city florida and 74 00:02:19,238 --> 00:02:19,705 I also like to enter an 75 00:02:19,705 --> 00:02:20,500 appearance for nevin 76 00:02:20,500 --> 00:02:22,500 zimmerman. 77 00:02:23,842 --> 00:02:24,176 >> good morning, MR. 78 00:02:24,176 --> 00:02:24,744 Commissioner. 79 00:02:24,744 --> 00:02:25,477 This is austin watrous on 80 00:02:25,477 --> 00:02:26,770 behalf of the office of 81 00:02:26,770 --> 00:02:28,770 public counsel. 82 00:02:34,153 --> 00:02:34,687 Would like to enter an 83 00:02:34,687 --> 00:02:34,954 appearance on the 10 and 84 00:02:34,954 --> 00:02:35,488 11 docket. 85 00:02:35,488 --> 00:02:35,988 I'd also like to enter an 86 00:02:35,988 --> 00:02:36,455 appearance or charles 87 00:02:36,455 --> 00:02:36,956 rehwinkel and walt 88 00:02:36,956 --> 00:02:37,556 trierweiler. Thank you. 89 00:02:37,556 --> 00:02:38,824 >> Commissioner Clark: 90 00:02:38,824 --> 00:02:39,357 all right. 91 00:02:39,357 --> 00:02:39,859 Is that everybody that's 92 00:02:39,859 --> 00:02:41,694 appearing this morning? 93 00:02:41,694 --> 00:02:42,227 >> almost. 94 00:02:42,227 --> 00:02:44,627 carlos marquez on behalf 95 00:02:49,100 --> 00:02:49,468 of commission staff. 96 00:02:49,468 --> 00:02:50,360 I will also enter an 97 00:02:50,360 --> 00:02:50,469 appearance for MR. Stiller 98 00:02:50,469 --> 00:02:52,869 and MISS Brown was. 99 00:02:55,207 --> 00:02:57,607 >> and mary ann helton 100 00:03:00,679 --> 00:03:04,279 is here as your advisor as 101 00:03:09,789 --> 00:03:10,155 well as adria harper as 102 00:03:10,155 --> 00:03:10,756 general counsel. 103 00:03:10,756 --> 00:03:11,223 >> Commissioner Clark: 104 00:03:11,223 --> 00:03:13,158 MISS Brown list, I'm 105 00:03:13,158 --> 00:03:15,940 sorry. 106 00:03:15,940 --> 00:03:15,594 >> MS. Brownless: the 107 00:03:15,594 --> 00:03:17,529 parties have agreed to 108 00:03:17,529 --> 00:03:18,364 stipulations for issues ia 109 00:03:18,364 --> 00:03:20,764 through nine do you, 110 00:03:25,700 --> 00:03:27,700 issues 10 and 11, and 111 00:03:27,306 --> 00:03:27,706 these stipulations are 112 00:03:27,706 --> 00:03:29,700 reflected in the 113 00:03:29,700 --> 00:03:29,441 comprehensive exhibit list 114 00:03:29,441 --> 00:03:29,775 exhibit 47 proposed 115 00:03:29,775 --> 00:03:31,443 stipulations. 116 00:03:31,443 --> 00:03:35,430 As we go through the draft 117 00:03:37,516 --> 00:03:37,983 order, other agreements by 118 00:03:37,983 --> 00:03:38,484 the parties regarding 119 00:03:38,484 --> 00:03:40,484 witnesses and testimony 120 00:03:45,391 --> 00:03:45,925 will be discussed. 121 00:03:45,925 --> 00:03:48,325 Fipug, nucor, and psc 122 00:03:49,610 --> 00:03:51,610 phosphate have been 123 00:03:54,466 --> 00:03:54,766 excused from today's 124 00:03:54,766 --> 00:03:55,367 prehearing. 125 00:03:55,367 --> 00:03:56,635 >> Commissioner Clark: 126 00:03:56,635 --> 00:03:57,690 all right. 127 00:03:57,690 --> 00:03:57,503 Are there any other 128 00:03:57,503 --> 00:03:57,903 preliminary matters? 129 00:03:57,903 --> 00:03:58,404 All right, great. 130 00:03:58,404 --> 00:03:58,804 Let's move through the 131 00:03:58,804 --> 00:03:59,571 prehearing orders. 132 00:03:59,571 --> 00:04:01,971 Are there any corrections 133 00:04:06,945 --> 00:04:07,513 or changes that need to be 134 00:04:07,513 --> 00:04:08,130 made, we'll go through the 135 00:04:08,130 --> 00:04:09,247 first ones pretty quick. 136 00:04:09,247 --> 00:04:09,548 Section one, case 137 00:04:09,548 --> 00:04:10,490 background. 138 00:04:10,490 --> 00:04:10,349 Section 2, conduct of 139 00:04:10,349 --> 00:04:12,349 proceedings. 140 00:04:14,786 --> 00:04:15,319 Section 3, jurisdiction. 141 00:04:15,319 --> 00:04:17,319 Section 4, procedures for 142 00:04:19,992 --> 00:04:20,992 handling confidential 143 00:04:20,992 --> 00:04:21,426 information. 144 00:04:21,426 --> 00:04:21,927 section 5, prefiled 145 00:04:21,927 --> 00:04:22,194 testimony and exhibits, 146 00:04:22,194 --> 00:04:22,394 witnesses. 147 00:04:22,394 --> 00:04:24,394 Staff? 148 00:04:28,233 --> 00:04:28,733 >> yes, sir. 149 00:04:28,733 --> 00:04:29,200 It is my understanding 150 00:04:29,200 --> 00:04:29,635 that the parties have 151 00:04:29,635 --> 00:04:30,169 agreed to admit all 152 00:04:30,169 --> 00:04:32,569 testimony into the record 153 00:04:32,905 --> 00:04:33,405 along with all prefiled 154 00:04:33,405 --> 00:04:33,972 exhibits and all staff 155 00:04:33,972 --> 00:04:34,673 exhibits identified on the 156 00:04:34,673 --> 00:04:34,873 comprehensive exhibit 157 00:04:34,873 --> 00:04:36,873 list. 158 00:04:37,750 --> 00:04:37,542 I would request at this 159 00:04:37,542 --> 00:04:39,942 time that the parties 160 00:04:45,551 --> 00:04:45,818 confirm that that is 161 00:04:45,818 --> 00:04:46,418 accurate. 162 00:04:46,418 --> 00:04:46,685 >> Commissioner Clark: 163 00:04:46,685 --> 00:04:47,219 all right. 164 00:04:47,219 --> 00:04:47,619 Are there any objections 165 00:04:47,619 --> 00:04:48,120 from the parties? 166 00:04:48,120 --> 00:04:48,787 >> no objections. 167 00:04:48,787 --> 00:04:50,787 >> Commissioner Clark: no 168 00:04:52,724 --> 00:04:53,258 objections from everyone. 169 00:04:53,258 --> 00:04:53,492 All right. 170 00:04:53,492 --> 00:04:54,260 Perfect. 171 00:04:54,260 --> 00:04:54,293 Let's move on to order of 172 00:04:54,293 --> 00:04:54,493 witnesses. 173 00:04:54,493 --> 00:04:56,493 Staff? 174 00:05:01,967 --> 00:05:02,434 >> if the parties and 175 00:05:02,434 --> 00:05:02,968 staff are willing to 176 00:05:02,968 --> 00:05:03,502 excuse witnesses, which I 177 00:05:03,502 --> 00:05:03,936 believe you've indicated 178 00:05:03,936 --> 00:05:04,336 you are, staff will 179 00:05:04,336 --> 00:05:05,304 confirm that each 180 00:05:05,304 --> 00:05:05,804 commissioner whether a -- 181 00:05:05,804 --> 00:05:06,772 with each commissioner 182 00:05:06,772 --> 00:05:09,172 whether a together witness 183 00:05:17,150 --> 00:05:17,582 MAY be excused. 184 00:05:17,582 --> 00:05:18,160 If no commissioner has any 185 00:05:18,160 --> 00:05:18,450 questions for those 186 00:05:18,450 --> 00:05:18,883 witnesses, then the 187 00:05:18,883 --> 00:05:19,418 witnesses should be 188 00:05:19,418 --> 00:05:19,951 excused from the hearing 189 00:05:19,951 --> 00:05:22,951 with his or her testimony 190 00:05:26,991 --> 00:05:27,492 entered into the record as 191 00:05:27,492 --> 00:05:27,893 though read and their 192 00:05:27,893 --> 00:05:28,493 exhibits entered. 193 00:05:28,493 --> 00:05:28,759 >> Commissioner Clark: 194 00:05:28,759 --> 00:05:29,294 all right. 195 00:05:29,294 --> 00:05:29,661 Are there witnesses that 196 00:05:29,661 --> 00:05:30,161 can be excused? 197 00:05:30,161 --> 00:05:30,696 Do we already have that 198 00:05:30,696 --> 00:05:31,263 list or do we need to get 199 00:05:31,263 --> 00:05:31,463 that list now, MISS Brown 200 00:05:31,463 --> 00:05:32,731 list? 201 00:05:32,731 --> 00:05:34,731 >> MS. Brownless: we 202 00:05:39,371 --> 00:05:39,938 already know ased upon the 203 00:05:39,938 --> 00:05:42,400 agreement that the parties 204 00:05:42,400 --> 00:05:42,540 just expressed that all 205 00:05:42,540 --> 00:05:44,540 witnesses identified in 206 00:05:45,900 --> 00:05:48,900 this docket can be excused 207 00:05:48,313 --> 00:05:50,882 and we would request that 208 00:05:50,882 --> 00:05:51,349 -- well, we don't need to 209 00:05:51,349 --> 00:05:53,749 request for a witness 210 00:05:55,520 --> 00:05:55,987 summary since everybody 211 00:05:55,987 --> 00:05:56,488 has been excused, so 212 00:05:56,488 --> 00:05:57,890 that's sufficient, sir. 213 00:05:57,890 --> 00:05:57,689 >> Commissioner Clark: 214 00:05:57,689 --> 00:05:58,560 all right. 215 00:05:58,560 --> 00:06:00,560 Any objections? 216 00:06:01,393 --> 00:06:01,660 We're all in agreement? 217 00:06:01,660 --> 00:06:03,660 All right. 218 00:06:03,761 --> 00:06:05,663 Moved to basic positions. 219 00:06:05,663 --> 00:06:08,663 Do the parties have any 220 00:06:12,804 --> 00:06:13,710 changes to their basic 221 00:06:13,710 --> 00:06:13,238 positions? 222 00:06:13,238 --> 00:06:13,471 No? 223 00:06:13,471 --> 00:06:13,738 Allgood? 224 00:06:13,738 --> 00:06:14,139 All right. 225 00:06:14,139 --> 00:06:14,406 Go to issues and 226 00:06:14,406 --> 00:06:14,606 positions. 227 00:06:14,606 --> 00:06:16,606 Staff? 228 00:06:17,909 --> 00:06:18,443 >> issues and positions 229 00:06:18,443 --> 00:06:20,678 are included in the draft 230 00:06:20,678 --> 00:06:21,246 prehearing order. 231 00:06:21,246 --> 00:06:22,780 The draft prehearing order 232 00:06:22,780 --> 00:06:24,616 will be revised to reflect 233 00:06:24,616 --> 00:06:26,616 the agreed-upon 234 00:06:26,917 --> 00:06:27,385 stipulations that are 235 00:06:27,385 --> 00:06:28,753 contained in exhibit 236 00:06:28,753 --> 00:06:29,354 number 47. 237 00:06:29,354 --> 00:06:30,455 >> Commissioner Clark: 238 00:06:30,455 --> 00:06:32,290 all right. 239 00:06:32,290 --> 00:06:34,690 Any related matters from 240 00:06:37,862 --> 00:06:38,130 any of the parties? 241 00:06:38,130 --> 00:06:38,463 All right. 242 00:06:38,463 --> 00:06:38,996 Exhibit list. 243 00:06:38,996 --> 00:06:39,564 >> we've prepared a 244 00:06:39,564 --> 00:06:40,265 comprehensive exhibit list 245 00:06:40,265 --> 00:06:42,399 that includes all prefiled 246 00:06:42,399 --> 00:06:44,799 exhibits and also includes 247 00:06:48,773 --> 00:06:49,307 those exhibits staff 248 00:06:49,307 --> 00:06:49,541 wishes to include in the 249 00:06:49,541 --> 00:06:49,908 record. 250 00:06:49,908 --> 00:06:50,475 And that's been 251 00:06:50,475 --> 00:06:52,875 distributed to the parties 252 00:06:53,770 --> 00:06:53,677 is my understanding. 253 00:06:53,677 --> 00:06:55,677 >> Commissioner Clark: 254 00:06:58,450 --> 00:06:58,716 everyone in agreement? 255 00:06:58,716 --> 00:06:59,116 All right. 256 00:06:59,116 --> 00:06:59,451 Moved to proposed 257 00:06:59,451 --> 00:07:01,850 stipulations. 258 00:07:01,850 --> 00:07:03,485 >> this to be relations 259 00:07:06,324 --> 00:07:06,824 agreed to by the parties 260 00:07:06,824 --> 00:07:07,224 are reflected on cel 261 00:07:07,224 --> 00:07:09,224 exhibit number 47. 262 00:07:09,494 --> 00:07:11,595 Type ii stipulations have 263 00:07:11,595 --> 00:07:13,498 been agreed to for issues 264 00:07:13,498 --> 00:07:13,765 1a through 9d, issues 265 00:07:13,765 --> 00:07:14,866 10 and 11. 266 00:07:14,866 --> 00:07:17,866 For opc issues k through 267 00:07:19,300 --> 00:07:22,300 d, opc and the utilities 268 00:07:23,140 --> 00:07:23,440 have agreed to a type I 269 00:07:23,440 --> 00:07:25,440 stipulation. 270 00:07:28,380 --> 00:07:29,380 For opc issues b, panama 271 00:07:29,380 --> 00:07:29,880 city, fipug, pcs 272 00:07:29,880 --> 00:07:31,880 phosphate, and nucor 273 00:07:37,120 --> 00:07:37,422 have agreed to a type ii 274 00:07:37,422 --> 00:07:37,955 stipulation. 275 00:07:37,955 --> 00:07:40,225 For opc issue a, c, and 276 00:07:40,225 --> 00:07:40,758 d, panama city and fipug 277 00:07:40,758 --> 00:07:41,580 have agreed to a type ii 278 00:07:41,580 --> 00:07:43,580 stipulation. 279 00:07:43,461 --> 00:07:43,995 These stipulations address 280 00:07:43,995 --> 00:07:46,395 all issues identified in 281 00:07:49,667 --> 00:07:50,134 this docket. 282 00:07:50,134 --> 00:07:50,702 At this time, can all 283 00:07:50,702 --> 00:07:51,690 parties again confirm that 284 00:07:51,690 --> 00:07:51,669 to be the case? 285 00:07:51,669 --> 00:07:53,669 >> Commissioner Clark: 286 00:08:07,385 --> 00:08:07,919 all right. 287 00:08:07,919 --> 00:08:08,419 I'll take your consensus. 288 00:08:08,419 --> 00:08:08,919 Looking down the road, 289 00:08:08,919 --> 00:08:09,253 everybody in agreement? 290 00:08:09,253 --> 00:08:09,854 >> yes. 291 00:08:09,854 --> 00:08:10,287 >> Commissioner Clark: 292 00:08:10,287 --> 00:08:10,555 all parties are in 293 00:08:10,555 --> 00:08:10,822 agreement. 294 00:08:10,822 --> 00:08:11,356 all right. 295 00:08:11,356 --> 00:08:11,956 Moved to pending motions. 296 00:08:11,956 --> 00:08:12,423 >> there are no pending 297 00:08:12,423 --> 00:08:13,240 motions at this time. 298 00:08:13,240 --> 00:08:13,524 >> Commissioner Clark: 299 00:08:13,524 --> 00:08:14,125 confidentiality motions? 300 00:08:14,125 --> 00:08:14,691 >> there are no pending 301 00:08:14,691 --> 00:08:14,959 confidentiality motions at 302 00:08:14,959 --> 00:08:15,559 this time. 303 00:08:15,559 --> 00:08:15,826 >> Commissioner Clark: 304 00:08:15,826 --> 00:08:16,294 all right. 305 00:08:16,294 --> 00:08:16,960 Posthearing procedure. 306 00:08:16,960 --> 00:08:17,495 >> if the parties agree to 307 00:08:17,495 --> 00:08:19,495 waive posthearing briefs, 308 00:08:20,765 --> 00:08:21,299 then the commission MAY 309 00:08:21,299 --> 00:08:21,599 make a bench decision for 310 00:08:21,599 --> 00:08:22,166 this docket. 311 00:08:22,166 --> 00:08:22,566 If there are any issues to 312 00:08:22,566 --> 00:08:24,566 be briefed, staff 313 00:08:24,736 --> 00:08:25,269 recommends that 314 00:08:25,269 --> 00:08:27,669 posthearing briefs be no 315 00:08:35,279 --> 00:08:37,115 longer than 40 pages. 316 00:08:37,115 --> 00:08:37,581 >> Commissioner Clark: 317 00:08:37,581 --> 00:08:37,782 all in agreement with 318 00:08:37,782 --> 00:08:38,810 that? 319 00:08:38,810 --> 00:08:38,349 No problem. 320 00:08:38,349 --> 00:08:38,783 All right. 321 00:08:38,783 --> 00:08:39,417 Moving into rulings. 322 00:08:39,417 --> 00:08:39,984 >> staff recommends that 323 00:08:39,984 --> 00:08:40,485 opening statements, if any 324 00:08:40,485 --> 00:08:41,180 are given, should not 325 00:08:41,180 --> 00:08:41,219 exceed three minutes per 326 00:08:41,219 --> 00:08:41,819 party. 327 00:08:41,819 --> 00:08:42,320 >> Commissioner Clark: 328 00:08:42,320 --> 00:08:44,222 everybody in agreement? 329 00:08:44,222 --> 00:08:44,555 All right. 330 00:08:44,555 --> 00:08:46,555 Other matters. 331 00:08:48,792 --> 00:08:49,460 >> there are no further 332 00:08:49,460 --> 00:08:49,894 matters of which I'm 333 00:08:49,894 --> 00:08:50,495 aware, commissioner. 334 00:08:50,495 --> 00:08:52,495 >> Commissioner Clark: 335 00:08:55,966 --> 00:08:56,534 all right. 336 00:08:56,534 --> 00:08:57,670 Any other parties have any 337 00:08:57,670 --> 00:08:57,368 other items to address in 338 00:08:57,368 --> 00:08:57,735 the docket? 339 00:08:57,735 --> 00:08:59,735 Yes, MR. Kelly. 340 00:09:00,872 --> 00:09:01,439 >> based upon all the 341 00:09:01,439 --> 00:09:01,906 stipulations and agreement 342 00:09:01,906 --> 00:09:02,406 of the witnesses and 343 00:09:02,406 --> 00:09:04,806 waving briefs, the city 344 00:09:05,609 --> 00:09:06,110 would ask to be excused 345 00:09:06,110 --> 00:09:06,444 from the final hearing, 346 00:09:06,444 --> 00:09:07,440 commissioner. 347 00:09:07,440 --> 00:09:09,440 >> Commissioner Clark: 348 00:09:11,382 --> 00:09:11,749 absolutely. 349 00:09:11,749 --> 00:09:12,160 You're excused. 350 00:09:12,160 --> 00:09:12,449 Thank you. 351 00:09:12,449 --> 00:09:13,500 >> thank you. 352 00:09:13,500 --> 00:09:13,551 >> Commissioner Clark: 353 00:09:13,551 --> 00:09:13,784 anybody else want to be 354 00:09:13,784 --> 00:09:15,784 excused? 355 00:09:20,558 --> 00:09:21,250 [Laughter] Got some 356 00:09:21,250 --> 00:09:21,225 volunteers over here, 357 00:09:21,225 --> 00:09:21,492 right? 358 00:09:21,492 --> 00:09:22,260 All right. 359 00:09:22,260 --> 00:09:22,259 Any other matters in the 360 00:09:22,259 --> 00:09:22,793 docket? 361 00:09:22,793 --> 00:09:25,793 All right, let's move to 362 00:09:26,530 --> 00:09:26,930 the 11 docket. 363 00:09:26,930 --> 00:09:27,364 We'll start with 364 00:09:27,364 --> 00:09:27,698 preliminary matters. 365 00:09:27,698 --> 00:09:28,980 MR. Marquez. 366 00:09:28,980 --> 00:09:28,633 >> MR. Marquez: 367 00:09:28,633 --> 00:09:30,633 commissioner clark, there 368 00:09:32,360 --> 00:09:32,536 are no limitary matters 369 00:09:32,536 --> 00:09:33,300 staff is aware of that 370 00:09:33,300 --> 00:09:33,204 need to be addressed 371 00:09:33,204 --> 00:09:35,204 today. 372 00:09:35,539 --> 00:09:36,600 >> Commissioner Clark: 373 00:09:36,600 --> 00:09:36,406 let's go through the 374 00:09:36,406 --> 00:09:37,875 prehearing order. 375 00:09:37,875 --> 00:09:39,875 Case background. 376 00:09:45,683 --> 00:09:46,170 Conduct of proceedings. 377 00:09:46,170 --> 00:09:46,516 Jurisdiction. 378 00:09:46,516 --> 00:09:47,510 Procedure for handling 379 00:09:47,510 --> 00:09:49,510 confidential information. 380 00:09:50,540 --> 00:09:51,121 Prefiled testimony. 381 00:09:51,121 --> 00:09:51,755 Staff? 382 00:09:51,755 --> 00:09:53,755 >> staff recommends that 383 00:09:55,292 --> 00:09:55,758 the testimony summary of 384 00:09:55,758 --> 00:09:57,758 any unexcused witness 385 00:09:58,929 --> 00:09:59,163 should be limited to three 386 00:09:59,163 --> 00:09:59,764 minutes. 387 00:09:59,764 --> 00:10:00,264 >> Commissioner Clark: 388 00:10:00,264 --> 00:10:02,264 without objections, so 389 00:10:05,102 --> 00:10:05,369 ordered. 390 00:10:05,369 --> 00:10:07,369 All right. 391 00:10:09,600 --> 00:10:09,272 Next is order of 392 00:10:09,272 --> 00:10:09,840 witnesses. 393 00:10:09,840 --> 00:10:10,307 >> if the parties and 394 00:10:10,307 --> 00:10:12,543 staff are willing to 395 00:10:12,543 --> 00:10:13,430 excuse witnesses, staff 396 00:10:13,430 --> 00:10:13,544 will confirm with each 397 00:10:13,544 --> 00:10:15,544 commissioner whether a 398 00:10:15,946 --> 00:10:16,180 particular witness MAY be 399 00:10:16,180 --> 00:10:18,180 excused. 400 00:10:20,451 --> 00:10:20,885 If no commissioner has any 401 00:10:20,885 --> 00:10:21,451 questions for those 402 00:10:21,451 --> 00:10:23,851 witnesses, staff -- excuse 403 00:10:31,629 --> 00:10:32,129 me, then the witnesses 404 00:10:32,129 --> 00:10:32,395 >> Commissioner Clark: 405 00:10:32,395 --> 00:10:34,395 all right. 406 00:10:34,698 --> 00:10:37,698 Let's go through those and 407 00:10:51,581 --> 00:10:51,915 see if any can be excused. 408 00:10:51,915 --> 00:10:52,249 Parties? 409 00:10:52,249 --> 00:10:52,816 MS. Keating. 410 00:10:52,816 --> 00:10:53,350 >> I don't believe we have 411 00:10:53,350 --> 00:10:53,884 reached any stipulations 412 00:10:53,884 --> 00:10:54,284 at this time, but I hope 413 00:10:54,284 --> 00:10:54,852 we get to type ii 414 00:10:54,852 --> 00:10:55,318 stipulations in which case 415 00:10:55,318 --> 00:10:55,953 we would ask that our 416 00:10:55,953 --> 00:10:56,519 witnesses be excused. 417 00:10:56,519 --> 00:10:57,870 >> same for people's. 418 00:10:57,870 --> 00:11:00,757 Are not aware of a type ii 419 00:11:00,757 --> 00:11:01,191 stipulation at this time. 420 00:11:01,191 --> 00:11:03,591 However, if one is 421 00:11:11,802 --> 00:11:12,102 granted, we would request 422 00:11:12,102 --> 00:11:12,469 our witness. 423 00:11:12,469 --> 00:11:12,969 [Indiscernible] 424 00:11:12,969 --> 00:11:13,236 >> Commissioner Clark: 425 00:11:13,236 --> 00:11:13,770 very good. 426 00:11:13,770 --> 00:11:14,304 We will continue working 427 00:11:14,304 --> 00:11:14,805 in those directions then. 428 00:11:14,805 --> 00:11:17,805 Do any parties have any 429 00:11:22,646 --> 00:11:24,646 changes -- 430 00:11:27,651 --> 00:11:28,117 >> opc and pgs provided 431 00:11:28,117 --> 00:11:29,860 staff with a certain 432 00:11:29,860 --> 00:11:29,486 position changes. 433 00:11:29,486 --> 00:11:31,486 Those changes are 434 00:11:37,940 --> 00:11:37,661 reflected in the ected in 435 00:11:37,661 --> 00:11:37,861 the draft prehearing order 436 00:11:37,861 --> 00:11:38,328 today. 437 00:11:38,328 --> 00:11:38,762 For issues in which a 438 00:11:38,762 --> 00:11:39,229 party has taken no 439 00:11:39,229 --> 00:11:39,796 position at this time. 440 00:11:39,796 --> 00:11:40,330 If the party does not take 441 00:11:40,330 --> 00:11:41,431 a position on position on 442 00:11:41,431 --> 00:11:43,431 those issues, their 443 00:11:46,703 --> 00:11:47,237 position will be s, their 444 00:11:47,237 --> 00:11:47,704 position will be changed 445 00:11:47,704 --> 00:11:48,105 to no position in the 446 00:11:48,105 --> 00:11:48,672 prehearing order. 447 00:11:48,672 --> 00:11:52,872 If a party fails to take a 448 00:11:53,100 --> 00:11:53,376 position on an an issue by 449 00:11:53,376 --> 00:11:53,844 this prehearing 450 00:11:53,844 --> 00:11:54,244 conference, then that 451 00:11:54,244 --> 00:11:54,745 party waives its 452 00:11:54,745 --> 00:11:55,278 opportunity to conduct 453 00:11:55,278 --> 00:11:57,278 cross-examination on the 454 00:11:59,382 --> 00:11:59,916 issue as well as tion on 455 00:11:59,916 --> 00:12:00,416 the issue as well as file 456 00:12:00,416 --> 00:12:00,717 a posthearing brief on 457 00:12:00,717 --> 00:12:01,317 that issue. 458 00:12:01,317 --> 00:12:01,585 >> Commissioner Clark: 459 00:12:01,585 --> 00:12:02,850 all right. 460 00:12:02,850 --> 00:12:02,653 Any of the parties have 461 00:12:02,653 --> 00:12:02,886 anything elseng else under 462 00:12:02,886 --> 00:12:04,886 issues? 463 00:12:10,727 --> 00:12:10,994 All ing else under issues? 464 00:12:10,994 --> 00:12:11,461 All right. 465 00:12:11,461 --> 00:12:11,662 Let's move to exhibit 466 00:12:11,662 --> 00:12:12,262 list. 467 00:12:12,262 --> 00:12:13,430 >> staff has prepared a 468 00:12:13,430 --> 00:12:13,997 comprehensive exhibit list 469 00:12:13,997 --> 00:12:14,564 that includes all prefiled 470 00:12:14,564 --> 00:12:15,832 exhibits and also includes 471 00:12:15,832 --> 00:12:16,366 those exhibits that stafff 472 00:12:16,366 --> 00:12:16,599 wishes to include in the 473 00:12:16,599 --> 00:12:17,134 record. 474 00:12:17,134 --> 00:12:19,534 Staff has conferred with 475 00:12:22,205 --> 00:12:25,205 each party and there are 476 00:12:25,442 --> 00:12:26,900 no objections to the 477 00:12:26,900 --> 00:12:26,510 current cel or to any of 478 00:12:26,510 --> 00:12:26,743 staff's exhibits being 479 00:12:26,743 --> 00:12:27,344 entered. 480 00:12:27,344 --> 00:12:29,344 >> Commissioner Clark: 481 00:12:30,413 --> 00:12:30,881 all right. 482 00:12:30,881 --> 00:12:31,347 Proposed stipulations? 483 00:12:31,347 --> 00:12:31,882 >> there are no 484 00:12:31,882 --> 00:12:32,382 stipulations at this time. 485 00:12:32,382 --> 00:12:32,716 Staff is finalizing its 486 00:12:32,716 --> 00:12:34,684 calculations. 487 00:12:34,684 --> 00:12:35,510 >> Commissioner Clark: 488 00:12:35,510 --> 00:12:35,652 pending matters. 489 00:12:35,652 --> 00:12:38,520 >> there are no pending 490 00:12:46,863 --> 00:12:47,464 motions, commissioner. 491 00:12:47,464 --> 00:12:47,730 >> Commissioner Clark: 492 00:12:47,730 --> 00:12:48,265 all right. 493 00:12:48,265 --> 00:12:48,832 Did not includes pending 494 00:12:48,832 --> 00:12:49,320 confidentiality motions as 495 00:12:49,320 --> 00:12:49,433 well? 496 00:12:49,433 --> 00:12:50,330 >> yes, sir. 497 00:12:50,330 --> 00:12:50,300 >> Commissioner Clark: 498 00:12:50,300 --> 00:12:50,734 all right. 499 00:12:50,734 --> 00:12:51,334 Posthearing briefs. 500 00:12:51,334 --> 00:12:51,868 >> if parties agree to 501 00:12:51,868 --> 00:12:52,402 waive posthearing briefs, 502 00:12:52,402 --> 00:12:52,936 then the commission MAY 503 00:12:52,936 --> 00:12:53,236 make a bench decision for 504 00:12:53,236 --> 00:12:53,770 this docket. 505 00:12:53,770 --> 00:12:54,304 If there any issues to be 506 00:12:54,304 --> 00:12:56,304 briefed, staff recommend 507 00:12:56,806 --> 00:12:57,474 that posthearing briefs be 508 00:12:57,474 --> 00:12:58,740 no longer than 40 pages. 509 00:12:58,740 --> 00:13:00,740 >> Commissioner Clark: 510 00:13:01,945 --> 00:13:02,245 any objections? 511 00:13:02,245 --> 00:13:02,646 So ordered. 512 00:13:02,646 --> 00:13:03,246 Move into rulings. 513 00:13:03,246 --> 00:13:03,779 >> staff commends that 514 00:13:03,779 --> 00:13:05,148 opening statements if any 515 00:13:05,148 --> 00:13:05,548 should not exceed three 516 00:13:05,548 --> 00:13:06,149 minutes per party. 517 00:13:06,149 --> 00:13:07,750 >> Commissioner Clark: 518 00:13:07,750 --> 00:13:08,180 any objections? 519 00:13:08,180 --> 00:13:08,351 All right. 520 00:13:08,351 --> 00:13:10,351 Other matters? 521 00:13:16,325 --> 00:13:16,859 >> there are no other 522 00:13:16,859 --> 00:13:17,000 matters to our knowledge,