Florida Public Service Commission native order document 02272-2024

FILED 4/23/2024
DOCUMENT NO. 02272-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Tampa
Electric Company.
In re: Petition for approval of 2023
depreciation and dismantlement study, by
Tampa Electric Company.
In re: Petition to implement 2024 generation
base rate adjustment provisions in paragraph 4
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
of the 2021 stipulation and settlement 	ORDER NO. PSC-2024-0123-PCO-EI
a reement, by Tam a Electric Com any. 	ISSUED: April 23, 2024~~--~~-~------~--~
ORDER GRANTING INTERVENTIONS OF
FLORIDA RISING, INC. &
LEAGUE OF UNITED LATIN AMERICAN CITIZENS OF FLORIDA
On April 2, 2024, Tampa Electric Company ("TECO") filed a petition, minimum filing
requirements, and testimony for an increase in base rates effective January 2025.
Petitions for Intervention
Florida Rising, Inc. ("Florida Rising") and League of United Latin American Citizens of
Florida ("LULAC") filed their Petitions to Intervene on March 6, 2024. Petitioners represent that
they have consulted with the parties and neither TECO nor the Office of Public Counsel object to
their intervention.
Florida Rising states it is a membership-based organization dedicated, under its Articles
of Incorporation, to building "broader multiracial movements with individuals from historically
marginalized communities to seize power and govern to advance social, economic, and racial
ju stice." Florida Rising describes itse lf as "committed to climate justice and pushing for a
regenerative future and a just transition that puts frontline communities as the center of energy
policy, disaster response, food policy, and all climate change initiatives." Florida Rising alleges
that it has a substantial number of members in TECO's service territory who will be substantially
affected by rates set in this proceeding. Florida Rising expresses an interest in halting TECO's
allegedly 	unneeded 	investments 	in 	fossil 	fuel 	infrastructure 	because 	those 	investments
unnecessarily result in higher electricity rates paid by Florida Rising's member s. Florida Rising
further asserts that such investments are not prudent. Finally, Florida Rising notes that it was

ORDER NO. PSC-2024-0123-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
PAGE 2
previously permitted to intervene and litigate against Florida Power & Light Company in 2021
when that utility sought a rate increase. 1
LULAC states it is part of the largest and oldest Hispanic civil rights organization in the
United States and advances the economic condition, educational attainment, political influence,
housing, health, and civil rights of Hispanic Americans through community-based programs.
LULAC alleges that it has a substantial number of members in TECO’s service territory who
will be substantially affected by rates set in this proceeding. LULAC maintains it has an acute
interest in halting TECO’s allegedly unnecessary investments in fossil fuel infrastructure because
those investments unnecessarily increase the electricity rates paid by LULAC’s members.
LULAC further asserts that such investments are not prudent. Finally, LULAC notes that it was
previously permitted to intervene and litigate against TECO in the Energy Efficiency Act goal-
setting process.2
Standard for Intervention
Pursuant to Rule 28-106.205, F.A.C., persons, other than the original parties to a pending
proceeding, who have a substantial interest in the proceeding and who desire to become parties,
may move for leave to intervene. Motions for leave to intervene must be filed at least twenty (20)
days before the final hearing, must comply with Rule 28-106.204(3), F.A.C., and must include
allegations sufficient to demonstrate that the intervenor is entitled to participate in the proceeding
as a matter of constitutional or statutory right, pursuant to Florida Public Service Commission
(“Commission”) 	rule, 	or 	that 	the 	substantial 	interests 	of 	the 	intervenor 	are 	subject 	to
determination or will be affected through the proceeding. Intervenors take the case as they find
it.
The test for associational standing was established in Florida Home Builders Association
v. Department of Labor and Employment Security3 and Farmworker Rights Organization, Inc. v.
Department of Health and Rehabilitative Services,4 which is based on the basic standing
principles 	established 	in 	Agrico 	Chemical 	Company 	v. 	Department 	of 	Environmental
Regulation.5 Associational standing may be found where: (1) the association demonstrates that a
1 In re: Petition for rate increase by Florida Power & Light Co., Docket No. 20210015-EI, Order No. PSC-2021-
0139-PCO-EI (Fla. PSC Apr. 20, 2021) (granting standing under the two-prong individual intervenor test contained
in the Agrico case infra).
2 In re: Comm’n review of numeric conservation goals (Tampa Elec. Co.), Docket No. 20190021-EG,
Order No. PSC-2019-0293-PCO-EG (Fla. P.S.C. July 25, 2019).
3 Fla. Home Builders Ass’n v. Dep’t of Labor & Emp’t Sec., 412 So.2d 351 (Fla. 1982).
4 Farmworker Rights Org., Inc. v. Dep’t of Health & Rehab. Servs., 417 So.2d 753 (Fla. 1st DCA 1982).
5 Agrico Chem. Co. v. Dep’t of Envtl. Regulation, 406 So. 2d 478, 481–82 (Fla. 2d DCA 1981). Under Agrico, the
individual intervenor must show that (1) they will suffer injury in fact which is of sufficient immediacy to entitle
them to a Section 120.57, Florida Statutes (“F.S.”), hearing, and (2) this substantial injury is of a type or nature
which the proceeding is designed to protect. The first aspect of the test deals with the degree of injury. The second
deals with the nature of the injury. Id. at 482. The "injury in fact" must be both real and immediate and not
speculative or conjectural. Int’l Jai-Alai Players Ass’n v. Fla. Pari-Mutuel Comm’n, 561 So.2d 1224, 1225–26 (Fla.

ORDER NO. PSC-2024-0123-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
PAGE 3
substantial 	number 	of 	an 	association’s 	members 	may 	be 	substantially 	affected 	by 	the
Commission's decision in a docket; (2) the subject matter of the proceeding is within the
association’s general scope of interest and activity; and (3) the relief requested is of a type
appropriate for the association to receive on behalf of its members.6
Analysis & Ruling
Based on a review of the materials provided by Florida Rising, it appears that Florida
Rising meets the three-prong associational standing test established in Florida Home Builders.
With respect to the first prong, Florida Rising demonstrates that a substantial number of its
members 	will 	be 	substantially 	affected 	by 	the 	Commission’s 	determination 	in 	this 	rate
proceeding. Its members face the prospect of paying higher electricity base rates going forward.
With respect to the second prong, the subject matter of this proceeding appears to be within
Florida Rising’s general scope of interest and activity. Florida Rising is dedicated, under its
Articles of Incorporation, to build movements that advance economic justice. It also asserts that
it is committed to putting frontline communities at the center of energy policy and climate
change initiatives. With respect to the third prong, the relief being requested by Florida Rising
appears to be of a type appropriate for this association to obtain on behalf of its members. Florida
Rising seeks to intervene in this docket to represent the interests of its members in seeking fair,
just, and reasonable rates based on capital investments that are environmentally prudent.
Therefore, Florida Rising meets the requirements for associational standing and will be permitted
to intervene as a party in this proceeding.
Based on a review of the materials provided by LULAC, it appears that LULAC meets
the three-prong associational standing test established in Florida Home Builders. With respect to
the first prong, LULAC demonstrates that a substantial number of its members will be
substantially affected by the Commission’s determination in this rate proceeding. Its members
face the prospect of paying higher electricity base rates going forward. With respect to the
second prong, the subject matter of this proceeding appears to be within LULAC’s general scope
of interest and activity. LULAC is charged with advancing the economic and housing conditions
of its members. Rates set in this proceeding will directly impact the household budgets of
LULAC’s members who are TECO customers. With respect to the third prong, the relief being
requested by LULAC appears to be of a type appropriate for this association to obtain on behalf
of its members. LULAC seeks to intervene in this docket to represent the interests of its
members in seeking fair, just, and reasonable rates based on capital investments that are
environmentally prudent. Therefore, LULAC meets the requirements for associational standing
and will be permitted to intervene as a party in this proceeding.
3d DCA 1990); see also Vill. Park Mobile Home Ass’n, Inc. v. State Dep’t of Bus. Regulation, 506 So.2d 426, 434
(Fla. 1st DCA 1987), rev. den., 513 So.2d 1063 (Fla. 1987) (noting speculation on the possible occurrence of
injurious events was too remote).
6 Fla. Home Builders Ass’n, 412 So.2d at 353–54; Farmworker Rights Org., Inc., 417 So.2d at 754.

ORDER NO. PSC-2024-0123-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
PAGE 4
Based on the foregoing, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that the Petitions to
Intervene by Florida Rising, Inc. and League of United Latin American Citizens of Florida is
hereby granted as set forth in the body of this Order. It is further
ORDERED that Florida Rising, Inc. and League of United Latin American Citizens of
Florida take the case as they find it. It is further
ORDERED that all parties to this proceeding shall furnish copies of all testimony,
exhibits, pleadings, and other documents which may hereinafter be filed in this proceeding to:
Bradley Marshall, Esq.
Jordan Luebkemann, Esq.
Earthjustice
111 S. Martin Luther King Jr. Blvd.
Tallahassee, Florida 32301
(850) 681-0031 (tel)
(850) 681-0020 (fax)
bmarshall@earthjustice.org
jluebkemann@earthjustice.org
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 23rd day of
April, 2024.
GARY F. CLARK
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
CMM

ORDER NO. PSC-2024-0123-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
PAGE 5
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), 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.
Mediation may be available on a case-by-case basis. If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
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-
22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in
the case of an electric, gas, or telephone utility. A motion for reconsideration shall be filed with
the 	Office 	of 	Commission 	Clerk, 	in 	the 	form 	prescribed 	by 	Rule 	25-22.0376, 	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.