Agenda
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[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,