BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In Re: Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor. ) DOCKET NO. 940001-EI ) ORDER NO. PSC-94-0963-PHO-EI ) ISSUED: August 9, 1994 ) ) Pursuant to Notice, a Prehearing Conference was held on August 4, 1994, in Tallahassee, Florida, before Commissioner Susan F. Clark, as Prehearing Officer. APPEARANCES: JAMES A. McGEE, Esquire, Post Office Petersburg, Florida 33733-4042 On behalf of Florida Power Corporation. Box 14042, St. MATTHEW M. CHILDS, P.A., Steel Hector & Davis, 215 South Monroe Street, Suite 601, Tallahassee, Florida 32301 On behalf of Florida Power and Light Company. FLOYD R. SELF, Esquire, Messer, Vickers, Caparello, Madsen & Goldman, P.A., Post Office Box 1876, Tallahassee, Florida 32302-1876 On behalf of Florida Public Utilities Company. G. EDISON HOLLAND, JR., Esquire, JEFFREY A. STONE, Esquire, and TERESA E. LILES, Esquire, Beggs & Lane, 700 Blount Building, 3 West Garden Street, Post Office Box 12950, Pensacola, Florida 32576-2950 On behalf of Gulf Power Company. LEE L. WILLIS, Esquire and JAMES D. BEASLEY, Esquire, Macfarlane, Ausley, Ferguson & McMullen, Post Office Box 391, Tallahassee, Florida 32302 On behalf of Tampa Electric Company. JOSEPH A. McGLOTHLIN, Esquire and VICKI GORDON KAUFMAN, Esquire, McWhirter, Reeves, McGlothlin, Davidson & Bakas, 315 South Calhoun Street, Suite 716, Tallahassee, Florida 32301 On behalf of Florida Industrial Power Users Group. MARK K. LOGAN, Esquire, Bryant, Miller & Olive, 201 South Monroe Street, Suite 500, Tallahassee, Florida 32301 AND THOMAS J. SCHMIDT, General Counsel, Orgulf Transport Company, 1400-580 Building, Post Office Box 1460, Cincinnati, Ohio 45201 On behalf of Orgulf Transport Company. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 2 JOHN ROGER HOWE, Esquire, Deputy Public Counsel, Office of Public Counsel, c/o The Florida Legislature, 111 West Madison Street, Room 812, Tallahassee, Florida 323991400 On behalf of the Citizens of the State of Florida. MARTHA CARTER BROWN, Esquire, Florida Public Service Commission, 101 East Gaines Street, Tallahassee, Florida 32399-0863 On behalf of the Commission Staff. PREHEARING ORDER I. CASE BACKGROUND As part of the Commission's continuing fuel cost, capacity cost, and environmental cost recovery proceedings, a hearing is set for August 11-12, 1994 in this docket and in Docket No. 940042-EI. The hearing will address the issues set out in the body of this prehearing order. II. PROCEDURE FOR HANDLING CONFIDENTIAL INFORMATION A. Any information provided pursuant to a discovery request for which proprietary confidential business information status is requested shall be treated by the Commission and the parties as confidential. The information shall be exempt from Section 119.07(1), Florida Statutes, pending a formal ruling on such request by the Commission, or upon the return of the information to the person providing the information. If no determination of confidentiality has been made and the information has not been used in the proceeding, it shall be returned expeditiously to the person providing the information. If a determination of confidentiality has been made and the information was not entered into the record of the proceeding, it shall be returned to the person providing the information within the time periods set forth in Section 366.093, Florida Statutes. B. It is the policy of the Florida Public Service Commission that all Commission hearings be open to the public at all times. The Commission also recognizes its obligation pursuant to Section 366.093, Florida Statutes, to protect proprietary confidential business information from disclosure outside the proceeding. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 3 In the event it becomes necessary to use confidential information during the hearing, the following procedures will be observed: 1)Any party wishing to use any proprietary confidential business information, as that term is defined in Section 366.093, Florida Statutes, shall notify the Prehearing Officer and all parties of record by the time of the Prehearing Conference, or if not known at that time, no later than seven (7) days prior to the beginning of the hearing. The notice shall include a procedure to assure that the confidential nature of the information is preserved as required by statute. 2)Failure of any party to comply with 1) above shall be grounds to deny the party the opportunity to present evidence which is proprietary confidential business information. 3)When confidential information is used in the hearing, parties must have copies for the Commissioners, necessary staff, and the Court Reporter, in envelopes clearly marked with the nature of the contents. Any party wishing to examine the confidential material that is not subject to an order granting confidentiality shall be provided a copy in the same fashion as provided to the Commissioners, subject to execution of any appropriate protective agreement with the owner of the material. 4)Counsel and witnesses are cautioned to avoid verbalizing confidential information in such a way that would compromise the confidential information. Therefore, confidential information should be presented by written exhibit when reasonably possible to do so. 5)At the conclusion of that portion of the hearing that involves confidential information, all copies of confidential exhibits shall be returned to the proffering party. If a confidential exhibit has been admitted into evidence, the copy provided to the Court Reporter shall be retained in the Commission Clerk's confidential files. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 4 III. PREFILED TESTIMONY AND EXHIBITS; WITNESSES Testimony of all witnesses to be sponsored by the parties has been prefiled. All testimony which has been prefiled in this case will be inserted into the record as though read after the witness has taken the stand and affirmed the correctness of the testimony and associated exhibits. All testimony remains subject to appropriate objections. Each witness will have the opportunity to orally summarize his or her testimony at the time he or she takes the stand. Upon insertion of a witness' testimony, exhibits appended thereto may be marked for identification. After all parties and Staff have had the opportunity to object and crossexamine, the exhibit may be moved into the record. All other exhibits may be similarly identified and entered into the record at the appropriate time during the hearing. Witnesses are reminded that, on cross-examination, responses to questions calling for a simple yes or no answer shall be so answered first, after which the witness may explain his or her answer. The Commission frequently administers the testimonial oath to more than one witness at a time. Therefore, when a witness takes the stand to testify, the attorney calling the witness is directed to ask the witness to affirm whether he or she has been sworn. Witnesses whose names are preceded by an asterisk (*) have been excused. The parties have stipulated that the testimony of those witnesses will be inserted into the record as though read, and cross-examination will be waived. The parties have also stipulated that all exhibits submitted with the witnesses' testimony shall be identified as shown in Section VII of this Prehearing Order and admitted into the record. IV. ORDER OF WITNESSES Witness Appearing For Issues # *Karl H. Wieland FPC 1-9, 12-15 *William C. Micklon FPC 10 and 11 *R. Silva FPL 1,2,3,13,14 *D. C. Poteralski FPL 1,2,3 ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 5 Witness Appearing For Issues # *B. T. Birkett FPL 1,2,3,4,5,6,7,8,9, 15,16,17,18,19,20, 21,22,23,24a,24b *Bachman FPUC 1-8 M. L. Gilchrist GULF 1,2,4,12 *M. W. Howell GULF 1,2,4,19,20,21 *S. D. Cranmer GULF 1,2,3,4,6,7,8, 19,20,21,22,23 *G. D. Fontaine GULF 13,14 *Mary Jo Pennino TECO 1,2,3,4,6,7,8,11c, 19,20,21,22,23,25a *G. A. Keselowsky TECO 13,14 *R. F. Tomczak and *E. A. Townes TECO 15,16,17,18 *W. N. Cantrell TECO 11a,11b V. BASIC POSITIONS FLORIDA POWER CORPORATION (FPC): None necessary. FLORIDA POWER AND LIGHT COMPANY (FPL): None necessary. FLORIDA PUBLIC UTILITIES COMPANY (FPUC): Florida Public Utilities has properly projected its costs and calculated its true-up amounts and purchased power cost recovery factors. Those factors should be approved by the Commission. GULF POWER COMPANY (GULF): It is the basic position of Gulf Power Company that the proposed fuel factors and capacity cost recovery factors present the best estimate of Gulf's fuel and purchased power expense for the period October, 1994 through March, 1995 including the true-up calculations, GPIF and other adjustments allowed by the Commission. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 6 TAMPA ELECTRIC COMPANY (TECO): The Commission should approve Tampa Electric's calculation of its fuel adjustment, capacity cost recovery, GPIF, and oil backout cost recovery true-up calculations and projections, including the proposed fuel adjustment factor of 2.353 cents per KWH before application of factors which adjust for variation in line losses; the proposed capacity cost recovery factor of .142 cents per KWH before applying the 12 CP and 1/13 allocation methodology; a GPIF reward of $406,404; and an oil backout cost recovery factor of .096 cents per KWH. FLORIDA INDUSTRIAL POWER USERS GROUP (FIPUG): None necessary. ORGULF TRANSPORT COMPANY (ORGULF): The Florida Public Service Commission should deny Gulf's petition with respect to all costs related to the Peabody Coal contract buy-out and any other costs related to the administration, suspension, and cancellation of the Orgulf transportation contract as these costs were not prudently incurred. The Commission should also deny recovery for any replacement fuel transportation costs incurred by Gulf Power outside of its transportation agreement with Orgulf. Alternatively, the Commission should order that Gulf Power be prohibited from recovering all costs associated with the Peabody Coal contract buy-out and other costs relative to the Orgulf transportation agreement for the time period in question until the pending litigation between Gulf and Orgulf Transport is concluded. At such time the Commission can better determine whether costs associated with the administration of the Peabody and Orgulf contracts and other related transportation costs have been prudently incurred and are therefore recoverable from Gulf's ratepayers. OFFICE OF PUBLIC COUNSEL (OPC): None necessary. STAFF: Staff has no basic position in this docket. Staff's positions on specific issues are preliminary and based on materials filed by the parties and on discovery. The preliminary positions are offered to assist the parties in preparing for the hearing. Staff's final positions will be based upon all the evidence in the record and may differ from the preliminary positions. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 7 VI. ISSUES AND POSITIONS Generic Fuel Adjustment Issues STIPULATED ISSUE 1: What are the appropriate final fuel adjustment true-up amounts for the period October, 1993 through March, 1994? POSITION: FPC: FPL: FPUC: GULF: TECO: $5,074,211 $2,066,794 Marianna: Fernandina $810,768 resolution $5,779,224 underrecovery overrecovery $ 10,735 overrecovery Beach: $215,029 overrecovery underrecovery, pending of Issue 12. overrecovery STIPULATED ISSUE 2: What are the estimated fuel adjustment true-up amounts for the period April, 1994 through September, 1994? POSITION: FPC: FPL: FPUC: GULF: TECO: $26,512,241 underrecovery. $32,451,868 overrecovery. Marianna: $38,323 underrecovery Fernandina Beach: $74,042 overrecovery $1,969,504 underrecovery, pending resolution of Issue 12. $4,827,083 underrecovery. STIPULATED ISSUE 3: What are the total fuel adjustment true-up amounts to be collected during the period October, 1994 through March, 1995? POSITION: FPC: FPL: FPUC: GULF: TECO: $31,586,452 underrecovery. $34,518,662 overrecovery. Marianna: $ 27,588 underrecovery. Fernandina Beach: $289,071 overrecovery. $2,780,272 underrecovery, pending resolution of Issue 12. $ 952,141 overrecovery. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 8 STIPULATED ISSUE 4: What are the appropriate levelized fuel cost recovery factors for the period October, 1994 through March, 1995? POSITION: In cents/kWh: FPC: FPL: FPUC: GULF: TECO: STIPULATED ISSUE 5: What POSITION: The STIPULATED ISSUE 6: What POSITION: 2.051 1.567 Marianna: 3.009 Fernandina Beach: 3.646 2.179 2.353 should be the effective date of the new fuel adjustment charge, oil backout charge and conservation cost recovery charge for billing purposes? factor should be effective beginning with the specified fuel cycle and thereafter for the period October, 1994 through March, 1995. Billing cycles may start before October 1, 1994, and the last cycle may be read after March 31, 1995, so that each customer is billed for six months regardless of when the adjustment factor became effective. are the appropriate fuel recovery line loss multipliers to be used in calculating the fuel cost recovery factors charged to each rate class? The appropriate line loss multipliers are found on page 2 of 10 of Staff Attachment 2. STIPULATED ISSUE 7: What are the appropriate Fuel Cost Recovery Factors for each rate group adjusted for line losses? POSITION: STIPULATED The appropriate factors are found on page 2 of 10 of Staff Attachment 2. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 9 ISSUE 8: What is the appropriate revenue tax factor to be applied in calculating each company's levelized fuel factor for the projection period of October, 1994 through March, 1995? POSITION: FPC: 1.00083 FPL: 1.01609 FPUC: Fernandina Beach: Marianna: GULF: 1.01609 TECO: 1.00083 1.01609 1.00083 COMPANY SPECIFIC FUEL ADJUSTMENT ISSUES Florida Power and Light Company STIPULATED DEFERRED ISSUE 9: Is FPL's proposed new methodology for allocating fuel costs to the various customer classes appropriate? POSITION: This issue should be deferred to the February 1995 fuel hearings to allow further time to analyze FPL's proposed methodology. Florida Power Corporation STIPULATED ISSUE 10a:Should FPC be permitted to recover the costs associated with the accelerated purchase of locomotives? POSITION: Yes. The company has demonstrated that the accelerated purchase of locomotives will increase the savings to its ratepayers from $10.9 million to $14.5. Therefore, the Commission should allow FPC to recover the costs associated with the accelerated purchases. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 10 STIPULATED ISSUE 10b:Is it appropriate for FPC to differentiate fuel charges by metering voltage? POSITION: Yes. Differentiating fuel charges in this manner will ensure consistency with the treatment of base rate charges, the ECCR and the CCR. Tampa Electric Company STIPULATED ISSUE 11a:Has POSITION: Yes. STIPULATED ISSUE 11b:Has POSITION: Yes. Tampa Electric Company adequately justified any costs associated with the purchase of coal from Gatliff Coal Company that are in excess of the 1993 benchmark price? TECO's actual costs are below the benchmark and therefore this issue is moot. Tampa Electric Company adequately justified any costs associated with transportation services provided by affiliates of Tampa Electric Company that are in excess of the 1993 waterborne transportation benchmark price? TECO's actual costs are below the benchmark, and therefore this issue is moot. STIPULATED ISSUE 11c:Has Tampa Electric Company prudently administered its contract with Consol Coal Company? POSITION: contract. Yes. TECO has prudently administered its Gulf Power Company ISSUE 12: What costs, if any, are appropriate for Gulf to recover through the fuel cost recovery clause as a result of the Peabody contract suspension? GULF: Gulf should recover all costs associated with the Peabody contract suspension, including the suspension payment and the costs of purchasing replacement coal. These costs were prudently incurred and ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 11 resulted in net fuel savings for the customers totalling approximately $14,479,865. (Gilchrist) OPC: No position. FIPUG: No position. ORGULF: None. STAFF: Gulf has provided a cost benefit analysis that demonstrates a positive savings as a result of the Peabody contract suspension. Therefore, the prudently incurred costs associated with the suspension of the Peabody Contract are appropriate for recovery. Generic Generating Performance Incentive Factor Issues STIPULATED ISSUE 13: What POSITION: is the appropriate GPIF reward or penalty for performance achieved during the period October, 1993 through March, 1994? FPC: FPL: GULF: TECO: $1,009,345 reward. $3,107,919 reward. $84,941 (penalty). $406,404 (reward). STIPULATED ISSUE 14: What should the GPIF targets/ranges be for the period October, 1994 through March, 1995? POSITION: FPC: As provided on page FPL: As provided on GULF:As provided on TECO:As provided on 2 of page page page Staff Attachment 1. 2 of Staff Attachment 1. 2 of Staff Attachment 1. 2 of Staff Attachment 1. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 12 Company-Specific GPIF Issues No company-specific GPIF issues have been identified for this hearing. Generic Oil Backout Issues STIPULATED ISSUE 15: What is the final oil backout true-up amount for the October, 1993 through March, 1994 period? POSITION: FPL: TECO: $257,863 overrecovery. $ 81,177 underrecovery. STIPULATED ISSUE 16: What is the estimated oil backout true-up amount for the period April, 1994 through September, 1994? POSITION: FPL: TECO: $250,389 overrecovery. $ 49,634 overrecovery. STIPULATED ISSUE 17: What is the total oil backout true-up amount to be collected during the period October, 1994 through March, 1995? POSITION: FPL: TECO: $508,252 overrecovery. $ 31,543 underrecovery. STIPULATED ISSUE 18: What is the projected oil backout cost recovery factor for the period October, 1994 through March, 1995? POSITION: FPL: TECO: .011 cents/kwh. .096 cents per KWH. Company-Specific Oil Backout Issues There are no company-specific oil backout issues for this hearing. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 13 Generic Capacity Cost Recovery Issues STIPULATED ISSUE 19: What is the appropriate final capacity cost recovery true-up amount for the period October, 1993 through March, 1994? POSITION: FPC: FPL: GULF: TECO: $ 69,905 $8,570,760 $1,135,019 $ 861,751 under-recovery. overrecovery underrecovery. overrecovery. STIPULATED ISSUE 20: What is the estimated capacity cost recovery true-up amount for the period April, 1994 through September, 1994? POSITION: FPC: FPL: GULF: TECO: $4,622,826 $8,210,602 $ 56,118 $ 742,821 over-recovery. overrecovery. over-recovery. overrecovery STIPULATED ISSUE 21: What is the total capacity cost recovery true-up amount to be collected during the period October, 1994 through March, 1995? STAFF: FPC: FPL: GULF: TECO: $ 4,552,921 $16,781,361 $ 1,078,901 $ 1,604,572 overrecovery. overrecovery. underrecovery. overrecovery STIPULATED ISSUE 22: What is the appropriate projected net purchased power capacity cost recovery amount to be included in the recovery factor for the period October, 1994 through March, 1995? POSITION: FPC: FPL: GULF: TECO: $ 82,945,428 $152,074,783 $ 6,956,372 $ 9,181,060 ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 14 STIPULATED ISSUE 23: What are the projected capacity cost recovery factors for the period October, 1994 through March, 1995? POSITION: The appropriate capacity cost recovery factors are found on page 3 of 10 of Staff Attachment 2. Company-Specific Capacity Cost Recovery Issues Florida Power and Light Company STIPULATED ISSUE 24a:Was it appropriate for FPL to change the amount of annual capacity credit associated with the St. Johns River Power Park from $63,975,761 to $56,945,592? POSITION: Yes. The adjustment appropriately reflects all purchased power capacity revenues and costs that were included in base rates as a result of FPL's 1988 tax savings docket. STIPULATED ISSUE 24b:How should FPL recover capacity costs from customers who take standby power? POSITION:FPL should recover capacity costs from standby customers through the combination of a reservation charge/daily demand charge component. These charges should be calculated in a manner consistent with the methodology outlined in Order No. 17159. Tampa Electric Company DEFERRED ISSUE 25a:Other than economy sales and revenues from the seven entities that were separated out in TECO's last rate case, should Tampa Electric credit all nonfuel revenues from off-system sales back to the retail ratepayers through the fuel adjustment clause and the capacity cost recovery clause? TECO: No. The level of sales and resulting revenues from long-term firm off-system sales vary subsequent to a rate ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 15 case. In Docket No. 920324-EI it was determined that long-term firm off-system sales were to be treated with consistency. (Pennino) OPC: Yes. FIPUG: TECO is making additional wholesale sales from "excess jurisdictional capacity." Order No. 930664 requires that nonfuel revenues from such sales be credited back to retail customers through the fuel clause. Yes. ORGULF:No position. STAFF:Yes. VII. In Order No PSC-93-0664-FOF-EI, the Commission ordered TECO to credit all nonfuel revenues from offsystem sales that had not been allocated to the wholesale jurisdiction back to the retail ratepayers by including those revenues as credits in the Capacity Cost Recovery Clause and the Fuel and Purchased Power Clause. TECO has not been crediting all off-system sales to the appropriate clauses. As a result, the shareholders are receiving the benefits of these off-system sales while the retail ratepayers are bearing the costs. EXHIBIT LIST Witness Proffered By *Wieland FPC _______ (KHW-1) True-up Variance Analysis *Wieland FPC _______ (KHW-2) Schedules A1 through A13 (True-up) *Wieland FPC _______ (KHW-3) Forecast Assumptions (Parts A-C), Capacity Factors Information I.D. No. Description Cost Recovery (Part D), and Other Supporting (Parts E-G) ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 16 Witness Proffered By I.D. No. Description *Wieland FPC _______ (KHW-4) Schedules E1 through E11 and H1 (Projections) *Micklon FPC _______ (WCM-1) Standard Form GPIF Schedules (Reward/Penalty) *Micklon FPC _______ (WCM-2) Standard Form GPIF Schedules (Targets/Ranges) *Birkett FPL _______ (BTB-1) Appendix I/Fuel Cost Recovery True-Up Calculation *Birkett FPL _______ (BTB-2) Appendix II/Capacity Cost Recovery True- Up Calculation *Birkett FPL _______ (BTB-3) Appendix III/Oil Backout Cost Recovery True-Up Calculation *Birkett FPL _______ (BTB-4) Appendix IV/A Schedules October 1993 - March 1994 *Silva FPL _______ (RS-1) Appendix I/Fuel Cost Recovery Forecast Assumptions *Birkett Cost FPL _______ Appendix (BTB-5) *Birkett Cost FPL Recovery Calculation of Factor Appendix III/Fuel *Birkett FPL _______ II/Fuel (BTB-6) Recovery Estimated/Actual True-Up Calculation _______ (BTB-7) Appendix IV/Capacity Cost Recovery Calculation Of Factors ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 17 Witness Proffered By *Birkett Backout FPL *Silva I.D. No. Description _______ Appendix (BTB-8) Cost Recovery Calculation of Factor FPL _______ (RS-2) Document No. 1/GPIF Results *Silva FPL _______ (RS-3) Document No. 1/GPIF Targets and Ranges *Birkett FPL _______ (BTB-9) *Bachman E1b, FPUC _______ Schedules (GMB-2) E2, E11, V/Oil Fuel Cost Recovery, Calculation of Factor Revised E4, E, E1, E8, E10, H1 & M1 (Marianna Division) Schedules E1b, E2, E10, E4, E, E1, E8, E8A, E11, H1 & F1 (Fernandina Beach Division) Gilchrist GULF _______ (MLG-1) Coal Suppliers Oct '93 - Mar '94 Gilchrist GULF _______ (MLG-2) Projected vs. Actual Fuel Cost; Calculation of Net Fuel Savings - Peabody Suspension Agreement *Howell GULF _______ (MWH-1) Projected Capacity Transactions Oct.'94 - Mar '95 *Cranmer GULF _______ (SDC-1) Fuel Cost Recovery Final True-up Calculation ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 18 Witness Proffered By *Cranmer through GULF I.D. No. Description _______ Schedules (SDC-2) E-11; 12; 13; H-1; CCE-1, CCE-1a; CCE- 1b; E-1 CCE-2; & monthly A-1 thru A-12, Nov '93 thru May '94; (development of fuel cost and capacity cost recovery factors) *Fontaine Schedules GULF _______ GPIF Results *Fontaine GULF _______ (GDF-2) GPIF Targets and Ranges *Pennino TECO _______ (MJP-1) Levelized fuel cost recovery and (GDF-1) capacity cost recovery final true-up, October 1993 - March 1994 *Pennino TECO _______ (MJP-2) Fuel adjustment projection, October 1994 - March 1995 *Pennino recovery TECO _______ Capacity (MJP-3) projection, October 1994 - March 1995 *Keselowsky Performance TECO _______ Generating (GAK-1) Incentive Factor Results, October 1993 cost - March 1994 *Keselowsky TECO _______ (GAK-2) GPIF Targets and Ranges for October 1994 - March 1995 *Keselowsky TECO _______ Estimated Unit ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 19 (GAK-3) Performance Data, October 1994 - March 1995 ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 20 Witness Proffered By I.D. No. Description *Tomczak/ Townes TECO ___________ (RFT/EAT-1) Schedules Supporting Oil Backout Cost Recovery Factor Actual, October 1993 - March 1994 *Tomczak/ Townes TECO ___________ (RFT/EAT-2) Schedules Supporting Oil Backout Cost Recovery Factor, October 1994 - March 1995 *Tomczak/ Townes of TECO ____________ (RFT/EAT-3) Gannon Conversion Project Comparison Projected with Payoff Original Estimate as of May 1994 *Cantrell TECO Calculation, Order VIII. _______ (WNC-1) Transportation Benchmark FPSC Order 93-0443 -FOF-EI and FPSC No. 20298 PROPOSED STIPULATIONS Issues Nos. 1-11, and 13-24b. The proposed stipulations represent the position of those parties that chose to take a position on the issue. Issue 9 and Issue 25a will be deferred until the March 1995 hearings. IX. RULINGS It is noted that Intervenor Tropicana Products voluntarily withdrew from participation in this docket. It is therefore, ORDERED by Commissioner Susan F. Clark, as Prehearing Officer, that this Prehearing Order shall govern the conduct of these proceedings as set forth above unless modified by the Commission. ORDER NO. PSC-94-0963-PHO-EI DOCKET NO. 940001-EI PAGE 21 By ORDER of Commissioner Susan Officer, this 9th day of August, 1994. F. Clark, as Prehearing SUSAN F. CLARK, Commissioner and Prehearing Officer ( S E A L ) MCB:bmi NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.59(4), 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. 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 25-22.038(2), Florida Administrative Code, if issued by a Prehearing Officer; 2) reconsideration within 15 days pursuant to Rule 25-22.060, Florida Administrative Code, if issued by the Commission; or 3) 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 Director, Division of Records and Reporting, in the form prescribed by Rule 25-22.060, 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.