Florida Public Service Commission native order document 02369-2024

FILED 4/25/2024
DOCUMENT NO. 02369-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric
conservation goals (Florida Power & Light
Company).
In re: Commission review of numeric
conservation goals (Duke Energy Florida,
LLC).
In re: Commission review of numeric
conservation goals (Tampa Electric Company).
DOCKET NO. 20240012-EG
DOCKET NO. 20240013-EG
DOCKET NO. 20240014-EG
ORDER NO. PSC-2024-0133-PCO-EG
ISSUED: April 25, 2024
ORDER GRANTING INTERVENTION
FOR THE LEAGUE OF UNITED LA TIN AMERICAN CITIZENS OF FLORIDA
On 	January 	5, 	2024, 	Docket 	Nos. 	20240012-EG, 	20240013-EG, 	20240014-EG,
20240015-EG, 20240016-EG, and 20240017-EG were established to review and adopt the
corresponding utility's conservation goals pursuant to Sections 366.80-366.83 and 403.519,
Florida Statutes. (F .S.), known collectively as the Florida Energy Efficiency a nd Conservation
Act (FEECA). By the Order Consolidating Dockets and Establishing Procedure, Order No. PSC-
2024-0022-PCO-EG, issued January 23, 2024, the dockets were consolidated for purposes of
hearing and controlling dates were established. These dockets are currently scheduled for hearing
on August 6-9, 2024.
Petition for Intervention
On March 15 , 2024, the League of United Latin American Citizens of Florida (LULAC)
filed its Petition to Intervene in Docket Nos. 20240012-EG, 20240013-EG, and 20240014-EG.
LULAC, as part of its mission, places a priority on evaluating all opportunities for displacing
non-renewable electricity generation with 	lower cost end-use energy 	efficiency measures.
LULAC states that its members have an interest in ensuring that the Commission considers the
true value of all conservation measures. Additionally, LULAC states that its members face high
electricity bills that can be mitigated by the use of cost-effective energy efficiency and demand-
side management measures and programs, with goals set by this proceeding. Finally, LULAC
argues that virtually all of its Florida members reside in the service territories of Florida Power &
Light Company (FPL), Duke Energy Florida, LLC (DEF), a nd Tampa Electric Company
(TECO). No party indicated an objection to LULAC' s intervention.

ORDER NO. PSC-2024-0133-PCO-EG
DOCKET NOS. 20240012-EG,
20240013-EG, 20240014-EG
PAGE 2
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 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 Security1 and Farmworker Rights Organization, Inc. v.
Department of Health and Rehabilitative Services,2 which is based on the basic standing
principles 	established 	in 	Agrico 	Chemical 	Company 	v. 	Department 	of 	Environmental
Regulation.3 Associational standing may be found where: (1) the association demonstrates that a
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.4
Analysis and Ruling
Based on above representations, it appears that LULAC meets the associational standing
requirements of Florida Home Builders. LULAC has demonstrated that a substantial number of
its members may by substantially affected by the Commission’s decisions as to the appropriate
conservation goals and programs. The conservation goals in this proceeding are within LULAC’s
general scope of interest and activity. LULAC seeks to mitigate high electric bills by the use of
cost-effective energy efficiency and demand-side management measures and programs with
goals set by this proceeding, which is appropriate relief for LULAC to receive on behalf of its
members. LULAC meets the requirements for associational standing and will be permitted to
1 Fla. Home Builders Ass’n v. Dep’t of Labor & Emp’t Sec., 412 So.2d 351 (Fla. 1982).
2 Farmworker Rights Org., Inc. v. Dep’t of Health & Rehab. Servs., 417 So.2d 753 (Fla. 1st DCA 1982).
3 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.
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).
4 Fla. Home Builders Ass’n, 412 So.2d at 353–54; Farmworker Rights Org., Inc., 417 So.2d at 754.

ORDER NO. PSC-2024-0133-PCO-EG
DOCKET NOS. 20240012-EG,
20240013-EG, 20240014-EG
PAGE 3
intervene in Docket Nos. 20240012-EG, 20240013-EG, and 20240014-EG as a party in this
proceeding. LULAC takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Arthur Graham, as Prehearing Officer, that the Petition to
Intervene filed by 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 League of United Latin American Citizens of Florida 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:
Bradley Marshall
Jordan Luebkemann
EarthJustice
111 S. Martin Luther King Jr. Blvd.
Tallahassee, Florida 32301
bmarshall@earthjustice.org
jluebkemann@earthjustice.org
flcaseupdates@earthjustice.org
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 25th day of April,
2024.
ART GRAHAM
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.
JDI

ORDER NO. PSC-2024-0133-PCO-EG
DOCKET NOS. 20240012-EG,
20240013-EG, 20240014-EG
PAGE 4
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, 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 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.