[0:06] >> Commissioner Clark:
[0:07] all right.
[0:11] Everyone's here, we'll go
[0:11] ahead and get started this
[0:13] morning.
[0:17] Where -- will call the
[0:18] prehearing to order.
[0:24] >> good morning.
[0:24] By notice issued on JULY
[0:25] 22, 2026, this time and
[0:25] place was set for a
[0:26] prehearing conference in
[0:27] docket numbers
[0:35] 20260010-ei and 202600 --
[0:39] excuse me, 20260010-ei
[0:39] and 20260011-gu. The
[0:44] purpose of the
[0:45] pre-hearings are set out
[0:45] more fully in the notice.
[0:46] >> Commissioner Clark:
[0:46] all right.
[0:53] We'll take appearances.
[0:54] >> there are two dockets
[0:54] to address today.
[0:55] Staff suggest that all
[0:55] appearances be taken at
[0:56] once.
[0:58] All parties should enter
[1:01] their appearances and
[1:01] declare the dockets that
[1:02] they are appearing for.
[1:04] After the parties make
[1:05] appearances, staff will
[1:05] make hours.
[1:06] >> Commissioner Clark:
[1:06] all right.
[1:06] We'll to start down on
[1:17] this side and come down
[1:17] the line.
[1:17] >> thank you.
[1:18] Good morning, everyone.
[1:18] Joel baker appearing on
[1:19] behalf of florida power
[1:19] and light company on the
[1:22] 2026001 docket and I don't
[1:22] like to make an appearance
[1:23] for christopher right.
[1:23] Thank you.
[1:23] >> good morning,
[1:31] commissioner clark.
[1:31] 20260011-gu and I also
[1:40] like to enter appearances
[1:40] for stephanie cuello and
[1:41] dianne triplett.
[1:41] >> good morning.
[1:42] It appearing on behalf of
[1:42] tampa electric.
[1:43] I'd also like to enter
[1:44] appearances for jeffry
[1:46] wahlen and matthew jones.
[2:01] >> beth keating here for
[2:01] fpu see.
[2:02] >> good morning.
[2:02] I'd also like to make an
[2:03] appearance for jeffry
[2:06] wahlen and matt jones.
[2:07] >> welcome back, MR.
[2:07] Kelly.
[2:09] >> thank you,
[2:10] commissioner.
[2:15] Jeffry wahlen in the
[2:16] 20260010 docket on behalf
[2:16] of panama city florida and
[2:19] I also like to enter an
[2:19] appearance for nevin
[2:20] zimmerman.
[2:23] >> good morning, MR.
[2:24] Commissioner.
[2:24] This is austin watrous on
[2:25] behalf of the office of
[2:26] public counsel.
[2:34] Would like to enter an
[2:34] appearance on the 10 and
[2:34] 11 docket.
[2:35] I'd also like to enter an
[2:35] appearance or charles
[2:36] rehwinkel and walt
[2:36] trierweiler. Thank you.
[2:37] >> Commissioner Clark:
[2:38] all right.
[2:39] Is that everybody that's
[2:39] appearing this morning?
[2:41] >> almost.
[2:42] carlos marquez on behalf
[2:49] of commission staff.
[2:49] I will also enter an
[2:50] appearance for MR. Stiller
[2:50] and MISS Brown was.
[2:55] >> and mary ann helton
[3:00] is here as your advisor as
[3:09] well as adria harper as
[3:10] general counsel.
[3:10] >> Commissioner Clark:
[3:11] MISS Brown list, I'm
[3:13] sorry.
[3:15] >> MS. Brownless: the
[3:15] parties have agreed to
[3:17] stipulations for issues ia
[3:18] through nine do you,
[3:25] issues 10 and 11, and
[3:27] these stipulations are
[3:27] reflected in the
[3:29] comprehensive exhibit list
[3:29] exhibit 47 proposed
[3:29] stipulations.
[3:31] As we go through the draft
[3:37] order, other agreements by
[3:37] the parties regarding
[3:38] witnesses and testimony
[3:45] will be discussed.
[3:45] Fipug, nucor, and psc
[3:49] phosphate have been
[3:54] excused from today's
[3:54] prehearing.
[3:55] >> Commissioner Clark:
[3:56] all right.
[3:57] Are there any other
[3:57] preliminary matters?
[3:57] All right, great.
[3:58] Let's move through the
[3:58] prehearing orders.
[3:59] Are there any corrections
[4:06] or changes that need to be
[4:07] made, we'll go through the
[4:08] first ones pretty quick.
[4:09] Section one, case
[4:09] background.
[4:10] Section 2, conduct of
[4:10] proceedings.
[4:14] Section 3, jurisdiction.
[4:15] Section 4, procedures for
[4:19] handling confidential
[4:20] information.
[4:21] section 5, prefiled
[4:21] testimony and exhibits,
[4:22] witnesses.
[4:22] Staff?
[4:28] >> yes, sir.
[4:28] It is my understanding
[4:29] that the parties have
[4:29] agreed to admit all
[4:30] testimony into the record
[4:32] along with all prefiled
[4:33] exhibits and all staff
[4:33] exhibits identified on the
[4:34] comprehensive exhibit
[4:34] list.
[4:37] I would request at this
[4:37] time that the parties
[4:45] confirm that that is
[4:45] accurate.
[4:46] >> Commissioner Clark:
[4:46] all right.
[4:47] Are there any objections
[4:47] from the parties?
[4:48] >> no objections.
[4:48] >> Commissioner Clark: no
[4:52] objections from everyone.
[4:53] All right.
[4:53] Perfect.
[4:54] Let's move on to order of
[4:54] witnesses.
[4:54] Staff?
[5:01] >> if the parties and
[5:02] staff are willing to
[5:02] excuse witnesses, which I
[5:03] believe you've indicated
[5:03] you are, staff will
[5:04] confirm that each
[5:05] commissioner whether a --
[5:05] with each commissioner
[5:06] whether a together witness
[5:17] MAY be excused.
[5:17] If no commissioner has any
[5:18] questions for those
[5:18] witnesses, then the
[5:18] witnesses should be
[5:19] excused from the hearing
[5:19] with his or her testimony
[5:26] entered into the record as
[5:27] though read and their
[5:27] exhibits entered.
[5:28] >> Commissioner Clark:
[5:28] all right.
[5:29] Are there witnesses that
[5:29] can be excused?
[5:30] Do we already have that
[5:30] list or do we need to get
[5:31] that list now, MISS Brown
[5:31] list?
[5:32] >> MS. Brownless: we
[5:39] already know ased upon the
[5:39] agreement that the parties
[5:42] just expressed that all
[5:42] witnesses identified in
[5:45] this docket can be excused
[5:48] and we would request that
[5:50] -- well, we don't need to
[5:51] request for a witness
[5:55] summary since everybody
[5:55] has been excused, so
[5:56] that's sufficient, sir.
[5:57] >> Commissioner Clark:
[5:57] all right.
[5:58] Any objections?
[6:01] We're all in agreement?
[6:01] All right.
[6:03] Moved to basic positions.
[6:05] Do the parties have any
[6:12] changes to their basic
[6:13] positions?
[6:13] No?
[6:13] Allgood?
[6:13] All right.
[6:14] Go to issues and
[6:14] positions.
[6:14] Staff?
[6:17] >> issues and positions
[6:18] are included in the draft
[6:20] prehearing order.
[6:21] The draft prehearing order
[6:22] will be revised to reflect
[6:24] the agreed-upon
[6:26] stipulations that are
[6:27] contained in exhibit
[6:28] number 47.
[6:29] >> Commissioner Clark:
[6:30] all right.
[6:32] Any related matters from
[6:37] any of the parties?
[6:38] All right.
[6:38] Exhibit list.
[6:38] >> we've prepared a
[6:39] comprehensive exhibit list
[6:40] that includes all prefiled
[6:42] exhibits and also includes
[6:48] those exhibits staff
[6:49] wishes to include in the
[6:49] record.
[6:49] And that's been
[6:50] distributed to the parties
[6:53] is my understanding.
[6:53] >> Commissioner Clark:
[6:58] everyone in agreement?
[6:58] All right.
[6:59] Moved to proposed
[6:59] stipulations.
[7:01] >> this to be relations
[7:06] agreed to by the parties
[7:06] are reflected on cel
[7:07] exhibit number 47.
[7:09] Type ii stipulations have
[7:11] been agreed to for issues
[7:13] 1a through 9d, issues
[7:13] 10 and 11.
[7:14] For opc issues k through
[7:19] d, opc and the utilities
[7:23] have agreed to a type I
[7:23] stipulation.
[7:28] For opc issues b, panama
[7:29] city, fipug, pcs
[7:29] phosphate, and nucor
[7:37] have agreed to a type ii
[7:37] stipulation.
[7:37] For opc issue a, c, and
[7:40] d, panama city and fipug
[7:40] have agreed to a type ii
[7:41] stipulation.
[7:43] These stipulations address
[7:43] all issues identified in
[7:49] this docket.
[7:50] At this time, can all
[7:50] parties again confirm that
[7:51] to be the case?
[7:51] >> Commissioner Clark:
[8:07] all right.
[8:07] I'll take your consensus.
[8:08] Looking down the road,
[8:08] everybody in agreement?
[8:09] >> yes.
[8:09] >> Commissioner Clark:
[8:10] all parties are in
[8:10] agreement.
[8:10] all right.
[8:11] Moved to pending motions.
[8:11] >> there are no pending
[8:12] motions at this time.
[8:13] >> Commissioner Clark:
[8:13] confidentiality motions?
[8:14] >> there are no pending
[8:14] confidentiality motions at
[8:14] this time.
[8:15] >> Commissioner Clark:
[8:15] all right.
[8:16] Posthearing procedure.
[8:16] >> if the parties agree to
[8:17] waive posthearing briefs,
[8:20] then the commission MAY
[8:21] make a bench decision for
[8:21] this docket.
[8:22] If there are any issues to
[8:22] be briefed, staff
[8:24] recommends that
[8:25] posthearing briefs be no
[8:35] longer than 40 pages.
[8:37] >> Commissioner Clark:
[8:37] all in agreement with
[8:37] that?
[8:38] No problem.
[8:38] All right.
[8:38] Moving into rulings.
[8:39] >> staff recommends that
[8:39] opening statements, if any
[8:40] are given, should not
[8:41] exceed three minutes per
[8:41] party.
[8:41] >> Commissioner Clark:
[8:42] everybody in agreement?
[8:44] All right.
[8:44] Other matters.
[8:48] >> there are no further
[8:49] matters of which I'm
[8:49] aware, commissioner.
[8:50] >> Commissioner Clark:
[8:55] all right.
[8:56] Any other parties have any
[8:57] other items to address in
[8:57] the docket?
[8:57] Yes, MR. Kelly.
[9:00] >> based upon all the
[9:01] stipulations and agreement
[9:01] of the witnesses and
[9:02] waving briefs, the city
[9:05] would ask to be excused
[9:06] from the final hearing,
[9:06] commissioner.
[9:07] >> Commissioner Clark:
[9:11] absolutely.
[9:11] You're excused.
[9:12] Thank you.
[9:12] >> thank you.
[9:13] >> Commissioner Clark:
[9:13] anybody else want to be
[9:13] excused?
[9:20] [Laughter] Got some
[9:21] volunteers over here,
[9:21] right?
[9:21] All right.
[9:22] Any other matters in the
[9:22] docket?
[9:22] All right, let's move to
[9:26] the 11 docket.
[9:26] We'll start with
[9:27] preliminary matters.
[9:27] MR. Marquez.
[9:28] >> MR. Marquez:
[9:28] commissioner clark, there
[9:32] are no limitary matters
[9:32] staff is aware of that
[9:33] need to be addressed
[9:33] today.
[9:35] >> Commissioner Clark:
[9:36] let's go through the
[9:36] prehearing order.
[9:37] Case background.
[9:45] Conduct of proceedings.
[9:46] Jurisdiction.
[9:46] Procedure for handling
[9:47] confidential information.
[9:50] Prefiled testimony.
[9:51] Staff?
[9:51] >> staff recommends that
[9:55] the testimony summary of
[9:55] any unexcused witness
[9:58] should be limited to three
[9:59] minutes.
[9:59] >> Commissioner Clark:
[10:00] without objections, so
[10:05] ordered.
[10:05] All right.
[10:09] Next is order of
[10:09] witnesses.
[10:09] >> if the parties and
[10:10] staff are willing to
[10:12] excuse witnesses, staff
[10:13] will confirm with each
[10:13] commissioner whether a
[10:15] particular witness MAY be
[10:16] excused.
[10:20] If no commissioner has any
[10:20] questions for those
[10:21] witnesses, staff -- excuse
[10:31] me, then the witnesses
[10:32] >> Commissioner Clark:
[10:32] all right.
[10:34] Let's go through those and
[10:51] see if any can be excused.
[10:51] Parties?
[10:52] MS. Keating.
[10:52] >> I don't believe we have
[10:53] reached any stipulations
[10:53] at this time, but I hope
[10:54] we get to type ii
[10:54] stipulations in which case
[10:55] we would ask that our
[10:55] witnesses be excused.
[10:56] >> same for people's.
[10:57] Are not aware of a type ii
[11:00] stipulation at this time.
[11:01] However, if one is
[11:11] granted, we would request
[11:12] our witness.
[11:12] [Indiscernible]
[11:12] >> Commissioner Clark:
[11:13] very good.
[11:13] We will continue working
[11:14] in those directions then.
[11:14] Do any parties have any
[11:22] changes --
[11:27] >> opc and pgs provided
[11:28] staff with a certain
[11:29] position changes.
[11:29] Those changes are
[11:37] reflected in the ected in
[11:37] the draft prehearing order
[11:37] today.
[11:38] For issues in which a
[11:38] party has taken no
[11:39] position at this time.
[11:39] If the party does not take
[11:40] a position on position on
[11:41] those issues, their
[11:46] position will be s, their
[11:47] position will be changed
[11:47] to no position in the
[11:48] prehearing order.
[11:48] If a party fails to take a
[11:53] position on an an issue by
[11:53] this prehearing
[11:53] conference, then that
[11:54] party waives its
[11:54] opportunity to conduct
[11:55] cross-examination on the
[11:59] issue as well as tion on
[11:59] the issue as well as file
[12:00] a posthearing brief on
[12:00] that issue.
[12:01] >> Commissioner Clark:
[12:01] all right.
[12:02] Any of the parties have
[12:02] anything elseng else under
[12:02] issues?
[12:10] All ing else under issues?
[12:10] All right.
[12:11] Let's move to exhibit
[12:11] list.
[12:12] >> staff has prepared a
[12:13] comprehensive exhibit list
[12:13] that includes all prefiled
[12:14] exhibits and also includes
[12:15] those exhibits that stafff
[12:16] wishes to include in the
[12:16] record.
[12:17] Staff has conferred with
[12:22] each party and there are
[12:25] no objections to the
[12:26] current cel or to any of
[12:26] staff's exhibits being
[12:26] entered.
[12:27] >> Commissioner Clark:
[12:30] all right.
[12:30] Proposed stipulations?
[12:31] >> there are no
[12:31] stipulations at this time.
[12:32] Staff is finalizing its
[12:32] calculations.
[12:34] >> Commissioner Clark:
[12:35] pending matters.
[12:35] >> there are no pending
[12:46] motions, commissioner.
[12:47] >> Commissioner Clark:
[12:47] all right.
[12:48] Did not includes pending
[12:48] confidentiality motions as
[12:49] well?
[12:49] >> yes, sir.
[12:50] >> Commissioner Clark:
[12:50] all right.
[12:50] Posthearing briefs.
[12:51] >> if parties agree to
[12:51] waive posthearing briefs,
[12:52] then the commission MAY
[12:52] make a bench decision for
[12:53] this docket.
[12:53] If there any issues to be
[12:54] briefed, staff recommend
[12:56] that posthearing briefs be
[12:57] no longer than 40 pages.
[12:58] >> Commissioner Clark:
[13:01] any objections?
[13:02] So ordered.
[13:02] Move into rulings.
[13:03] >> staff commends that
[13:03] opening statements if any
[13:05] should not exceed three
[13:05] minutes per party.
[13:06] >> Commissioner Clark:
[13:07] any objections?
[13:08] All right.
[13:08] Other matters?
[13:16] >> there are no other
[13:16] matters to our knowledge,