Florida Public Service Commission native order document 07750-2024

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy
Florida, LLC.
DOCKET NO. 20240025-EI
ORDER NO. PSC-2024-0256-PCO-EI
ISSUED: July 22, 2024
ORDER GRANTING PETITION TO INTERVENE
OF WALMART, INC.
Duke Energy Florida, LLC (DEF) filed its Petition for Rate Increase, minimum filing
requirements (MFRs), and testimony on April 2, 2024. DEF filed its MFRs based on projected
test years from January 1 to December 31, 2025; January 1 to December 31, 2026; and January 1
to December 31, 2027. By Order No. PSC-2024-0092-PCO-EI, issued April 11, 2024, a final
administrative hearing was scheduled for August 12 – 16, 2024. August 19 – 23, 2024, were also
reserved for the continuation and conclusion of this hearing, if necessary.
On July 8, 2024, DEF and the Office of Public Counsel (OPC) filed a Joint Motion to
Suspend Procedural Schedule. DEF and OPC represented in the Motion that they had reached an
agreement in principle to resolve all issues in this docket, and requested that the Commission
suspend all pending hearings, deadlines, and other matters in this docket. By Order No. PSC-
2024-0234-PCO-EI, issued July 11, 2024, the Motion was granted. All pending discovery and
scheduled hearings, including both the prehearing and final hearing, are currently suspended.
Petition for Intervention
On July 11, 2024, Walmart, Inc. (Walmart) filed a Petition to Intervene in this
proceeding. Walmart is a national retailer of goods and services throughout the United States
with its principal office in Bentonville, Arkansas. Walmart states that it purchases over 280
million kWh of electricity annually from DEF for the distribution center, 73 retail stores, and
related facilities it owns and operates in DEF’s service territory. Walmart further represents that
because the cost of electric utility service is a significant element of its cost of operation in
Florida, and the outcome of this proceeding could impact that cost, its substantial interests are
affected such that it has standing to intervene. Walmart represents that it has contacted the parties
regarding its intervention and that is has been authorized to represent that the Florida Retail
Federation supports the Petition, and the remaining parties either have no objection or take no
position. 	No written objections have been filed as of this date and the time for doing so has
expired.
Standards 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

ORDER NO. PSC-2024-0256-PCO-EI
DOCKET NO. 20240025-EI
PAGE 2
include allegations sufficient to demonstrate that the intervenor is entitled to participate in the
proceeding as a matter of constitutional or statutory right or pursuant to 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.
To have standing, the intervenor must meet the two-prong standing test set forth in
Agrico Chemical Company v. Department of Environmental Regulation, 406 So. 2d 478, 482
(Fla. 2d DCA 1981). 	The intervenor must show that (1) he will suffer injury in fact that is of
sufficient immediacy to entitle him to a Section 120.57, F.S., hearing, and (2) the substantial
injury is of a type or nature that 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. 	The “injury in
fact” must be both real and immediate and not speculative or conjectural. International Jai-Alai
Players Assn. v. Florida Pari-Mutuel Commission, 561 So. 2d 1224, 1225-26 (Fla. 3d DCA
1990). See also Village Park Mobile Home Assn., Inc. v. State Dept. of Business Regulation, 506
So. 2d 426, 434 (Fla. 1st DCA 1987) (speculation on the possible occurrence of injurious events
is too remote).
Analysis & Ruling
Based on the representations in its Petition, Walmart satisfies the two-prong standing test
in Agrico. As to the first prong, Walmart is a commercial customer of DEF and the rates it pays
for electric utility service will be directly impacted by the base rate increases at issue in this
proceeding. Regarding the second Agrico prong, this docket is designed to determine the base
rate that customers such as Walmart will be required to pay. Because the allegations in its
Petition satisfy the requirements of Agrico, Walmart is granted intervention as set forth herein.
Pursuant to Rule 28-106.205, F.A.C., Walmart takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the
Petition to Intervene filed by Walmart, Inc. is hereby granted as set forth in the body of this
Order. It is further
ORDERED that Walmart, Inc. takes the case as it finds 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:
Stephanie U. Eaton 	Steven W. Lee (Qualified Representative)
Spilman, Thomas & Battle, PLLC 	Spilman, Thomas & Battle, PLLC
110 Oakwood Drive, Suite 500 	1100 Bent Creek Blvd., Suite 101
Winston-Salem, NC 27103 	Mechanicsburg, PA 17050
Phone: (336) 631-1062 	Phone: (717) 791-2012
Fax: (336) 725-4476 	fax: (717) 795-2743
seaton@spilmanlaw.com 	slee@spilmanlaw.com

ORDER NO. PSC-2024-0256-PCO-EI
DOCKET NO. 20240025-EJ
PAGE 3
By ORDER of Commissioner Gabriella Passidomo. as Prchcaring Officer. this -22nd day
of
SPS
July 	. 	2024
Gabriella Passi ~mo
Commissioner and Prchearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
WW\\'. lloridapsc.com
Copies furnished: 	i\ copy of this document is
provided to the parties of record at the time of
issuance and. if applicable~ interested persons.
NOTICE OF FURTHER PROCEEDINGS OR JlJDICii\I. REVIEW
The Florida Public Service Commission is required by Section 	120.569( I), 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 ,veil 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 docs
not atlcct 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: ( l) reconsideration within l O days pursuant to Rule 25-
22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in
the ~ase or an electric, gas or telephone utility, or the First District Court of Appcat in the case
of a water or wastewater utility. 	A motion ror reconsideration shall be iiled with the Office of
Commission Clerk, in the form prescribed by Ruic 25-22.0376. Florida Administrative Code.
Judicial review of a preliminary. procedural or intermediate ruling or order is available if review
or the final action \Viii not provide an adequate remedy. 	Such review may be requested from the
appropriate corn1, as described above, pursuant to Ruic 9.100, Florida Rules of Appellate
Procedure.