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ORDER NO. PSC-2022-0358A-FOF-EI <br />DOCKET NO. 20210015 -EI <br />PAGE 3 <br />which is presently on appeal at the Florida Supreme Court. Subject to this <br />condition, the parties stipulate as follows: <br />Per Section 3(b) of the 2021 Settlement Agreement, FPL's revised authorized <br />ROE is increased by 20 basis points to be within a range of 9.8 to 11.8 percent <br />with a midpoint of 10.8 percent effective September 1, 2022. <br />ISSUE 5: If the trigger provisions of the 2021 Settlement Agreement are met, to what <br />regulatory mechanisms will the revised authorized ROE range and midpoint be <br />applied? <br />Stipulation: The effectiveness of the trigger provisions in Section 3 of the 2021 Settlement <br />Agreement is contingent upon the continuing validity and effectiveness of Order <br />No. PSC -2021 -0446 -S -EI, as amended by Order No. PSC -2021 -0446A -S -EI, <br />which is presently on appeal at the Florida Supreme Court. Subject to this <br />condition, the parties stipulate as follows: <br />Section 3(c) of the 2021 Settlement Agreement states that the revised authorized <br />ROE midpoint and range will be used prospectively for all regulatory purposes. <br />However, at FPL's request, the revised authorized ROE will not be applied to the <br />clause cost recovery factors to be implemented in January 2023, but will be <br />reflected in clause recovery true -ups that will be filed in 2023 and recovered in <br />2024. Further, FPL has requested that its rate for Allowance for Funds Used <br />During Construction (AFUDC) not be increased for the last four months of 2022. <br />Consistent with Rule 25-6.0141, Florida Administrative Code, FPL will request <br />approval to revise its AFUDC rate to be effective in 2023. <br />ISSUE 6: Should this docket be closed? <br />Stipulation: No, this docket is currently on appeal at the Florida Supreme Court and shall <br />remain open pending resolution of the appeal. <br />C:20210015.stipulation4sbr <br />