Order No. PSC-2024-0429-FOF-EG•Florida Public Service Commission native order document 09135-2024
Florida Public Service Commission native order document 09135-2024
Order No. PSC-2024-0429-FOF-EGFlapubserv
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FILED 9/20/2024 DOCUMENT NO. 09135-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Commission review of numeric DOCKET NO. 20240013-EG conservation goals (Duke Energy Florida, ORDER NO. PSC-2024-0429-FOF-EG LLC). ISSUED: September 20, 2024 --~-------------~ The following Commissioners participated in the disposition of this matter: MIKE LA ROSA, C hairman ARTGRAHAM GARY F. CLARK ANDREW GILES FAY GABRIELLA P ASSIDOMO FINAL ORDER APPROVING NUMERIC CONSERVATION GOALS FOR DUKE ENERGY FLORIDA, LLC APPEARANCES: DIANNE M. TRIPLETT, MATTHEW R. BERNIER and STEPHANIE A. CUELLO, ESQUIRES, 299 First Avenue North, St. Petersburg , Florida 33701 On behalf of Duke Energy Florida, LLC (DEF). SEAN T. GARNER, ERIK SAYLER and KELLY WRIGHT, ESQUIRES, Florida Department of Agriculture & Consumer Service, Office of General Counsel, The Mayo Building, 407 S. Calhoun Street, Suite 520, Tallahassee, Florida 32399-0800 On behalf of Florida Department of Agriculture & Consumer Services (FDACS). JON C. MOYLE, JR. and KAREN A. PUTNAL, ESQUIRES, Moyle Law Firm, P.A., 118 North Gadsden Street, Tallahassee, Florida 32301 On behalf of Florida Industrial Power Users Group (FIPUG). BRADLEY MARSHALL and JORDAN LUEBKEMANN, ESQUIRES, Earthjustice, 111 S. Martin Luther King Jr. Blvd., Tallahassee, Florida 32301 On behalf of Florida Rising, Inc. (FL Rising) and League of United Latin American Citizens (LULAC). PETER J. MATTHEIS, MICHAEL K. LAV ANGA and JOSEPH R. BRISCAR, ESQUIRES, Stone, Mattheis, Xenopoulos & Brew, PC, 1025 Thomas Jefferson Street, NW, Eighth Floor, West Tower, Washington, DC 20007 On behalf of Nucor Steel Florida, Inc. (Nucor).
ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 2 JAMES W. BREW, LAURA WYNN BAKER and SARAH B. NEWMAN, ESQUIRES, Stone, Mattheis, Xenopoulos & Brew, PC, 1025 Thomas Jefferson Street, NW, Eighth Floor, West Tower, Washington, DC 20007 On behalf of White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate – White Springs (PCS Phosphate). WILLIAM C. GARNER, ESQUIRE, Law Office of William C. Garner, PLLC, 3425 Bannerman Road, Unit 105, No. 414, Tallahassee, Florida 32312 On behalf of Southern Alliance for Clean Energy (SACE). STEPHANIE U. EATON, ESQUIRE, Spilman, Thomas & Battle, PLLC, 110 Oakwood Drive, Suite 500, Winston-Salem, North Carolina 27103 STEVEN W. LEE, ESQUIRE, Qualified Representative, Spilman, Thomas & Battle, PLLC, 1100 Bent Creek Blvd., Suite 101, Mechanicsburg, Pennsylvania 17050 On behalf of Walmart, Inc. (Walmart). JACOB IMIG, JON RUBOTTOM, and ADRIA HARPER, ESQUIRES, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 On behalf of the Florida Public Service Commission (Staff). MARY ANNE HELTON, ESQUIRE, Deputy General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399- 0850 Advisor to the Florida Public Service Commission. KEITH C. HETRICK, ESQUIRE, General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 Florida Public Service Commission General Counsel BY THE COMMISSION: Background Enacted in 1980, Sections 366.80 through 366.83, and 403.519, Florida Statutes (F.S.), are known collectively as the Florida Energy Efficiency and Conservation Act (FEECA). FEECA requires us to adopt appropriate goals to increase the efficiency of energy consumption and, pursuant to Section 366.82(6), F.S., we must review the goals of each utility subject to FEECA at least every five years. The six electric utilities subject to FEECA, collectively known as the FEECA Utilities, are Florida Power & Light Company (FPL), Duke Energy Florida, LLC (DEF), Tampa Electric Company (TECO), Florida Public Utilities Company (FPUC), JEA, and Orlando Utilities
ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 3 Commission (OUC). Pursuant to Rule 25-17.0021, Florida Administrative Code (F.A.C.), numeric goals were last established for the FEECA Utilities by Order No. PSC-19-0509-FOF- EU, issued November 26, 2019. Therefore, new goals must be established by January 2025. By Order No. PSC-2024-0022-PCO-EG, issued February 28, 2024, the dockets for each of the FEECA Utilities were consolidated for purposes of hearing, and controlling dates and a tentative list of issues were established. White Springs Agricultural Chemicals, Inc. d/b/a/ PCS Phosphate – White Springs (PCS Phosphate) was granted leave to intervene on February 13, 2024. 1 We acknowledged the intervention of the Office of Public Counsel (OPC) on February 28, 2024.2 We acknowledged the intervention of the Florida Department of Agriculture and Consumer Services (FDACS) on April 24, 2024.3 The Florida Industrial Power Users Group (FIPUG) 4 , the Florida League of United Latin American Citizens (LULAC)5 , Florida Rising, Inc. (Florida Rising)6 , and Nucor Steel Florida, Inc. (Nucor)7 were granted leave to intervene on April 25, 2024. The Southern Alliance for Clean Energy (SACE) 8 and Walmart Inc. (Walmart)9 were granted leave to intervene on April 30, 2024. OPC withdrew from the proceeding on May 22, 2024.10 Pursuant to Notice and in accordance with Rule 28-106.209, F.A.C., a hearing was held on August 8, 2024, in Tallahassee, Florida, before the above commissioners. Decision Legal Background FEECA directs us to promote four key priorities: (1) reducing and controlling the growth rates of weather-sensitive peak demand and electricity usage, (2) increasing the efficiency and cost-effectiveness of the production and consumption of electricity and natural gas, (3) encouraging demand-side renewable energy systems, and (4) conserving expensive resources, particularly petroleum fuel.11 The Legislature emphasized that it is critical to utilize “efficient and cost-effective” conservation systems.12 Section 366.82, F.S., bifurcates our responsibility under FEECA into two separately docketed proceedings. First, in the goalsetting dockets, we must establish appropriate goals for increasing the efficiency of energy consumption and increasing the development of demand-side renewable energy systems. Following the adoption 1 Order No. PSC-2024-0037-PCO-EG. 2 Order No. PSC-2024-0051-PCO-EG. 3 Order No. PSC-2024-0128-PCO-EG. 4 Order No. PSC-2024-0132-PCO-EG. 5 Order No. PSC-2024-0133-PCO-EG. 6 Order No. PSC-2024-0135-PCO-EG. 7 Order No. PSC-2024-0131-PCO-EG. 8 Order No. PSC-2024-0139-PCO-EG. 9 Order No. PSC-2024-0138-PCO-EG. 10 DN 00854-2024. 11 See Sections 366.81-366.82, F.S. 12 Section 366.81, F.S.
ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 4 of goals, in the plan approval dockets, each FEECA Utility must file plans and programs to meet the goals within its service area. The present docket was opened to address the first, goalsetting portion of our FEECA proceedings for DEF. FEECA requires that we establish goals designed to increase the conservation of expensive resources, such as petroleum fuels; reduce and control the growth rates of electric consumption; reduce the growth rates of weather-sensitive peak demand; and encourage development of demand-side renewable energy resources.13 Section 366.82(3), F.S., prescribes the following criteria for our evaluation of the conservation goals: In developing the goals, the commission shall evaluate the full technical potential of all available demand-side and supply-side conservation and efficiency measures, including demand-side renewable energy systems. In establishing the goals, the commission shall take into consideration: (a) The costs and benefits to customers participating in the measure. (b) The costs and benefits to the general body of ratepayers as a whole, including utility incentives and participant contributions. (c) The need for incentives to promote both customer-owned and utility-owned energy efficiency and demand-side renewable energy systems. (d) The costs imposed by state and federal regulations on the emission of greenhouse gases. The Commission implements FEECA for electric utilities through Rule 25-17.0021, F.A.C. Pursuant to that rule, for each FEECA Utility, we establish annual kilowatt (KW) and kilowatt-hour (KWh) goals for Residential and Commercial/Industrial customer classes.14 The goals are based on (1) an assessment of the technical potential of available conservation and efficiency measures, and (2) an estimate of the total cost-effective KW and KWh savings reasonably achievable through demand-side management (DSM) programs in each utility’s service area over a ten-year period.15 The goals we establish are annual targets for conservation, with KW goals relating to seasonal—summer and winter—demand savings, and annual KWh goals relating to annual energy savings. Following the last goalsetting proceedings in 2019, after receiving feedback from the utilities, intervenors, and interested persons, we amended Rule 25-17.0021, F.A.C., to streamline our FEECA process by requiring utilities to file potential conservation programs along with their proposed goals. This allows us to analyze the utilities’ proposed goals based upon energy (KWh) and demand (KW) savings from customer participation in potential programs they plan to implement, thus giving us better information as to the appropriateness of the goals. Thus, although utility conservation plans and the underlying programs and measures to implement those plans are not approved at this time, each utility must include sufficient information related 13 Section 366.82(2), F.S. 14 Rule 25-17.0021(1), F.A.C. 15 Id.
ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 5 to the cost-effectiveness of its potential DSM programs to support the appropriateness of its proposed goals.16 Analysis Pursuant to Section 366.82, F.A.C., we must evaluate whether the goals requested by DEF are appropriate. Pursuant to the Prehearing Order, Order No. PSC-2024-0293-PHO-EG, issued August 2, 2024, a final list of issues was established for the consolidated hearing. Issues 1-7 address whether each utility, in developing its proposed goals, adequately addressed the considerations prescribed by statute and Commission rule. Issue 8 addresses, for the purpose of establishing goals for rate-regulated utilities, whether we should consider changing credit levels for demand response programs in the FEECA goalsetting proceedings or in their base rate proceedings. Issues 9-11 were specific only to FPL’s docket and thus not at issue for DEF. Issues 12 and 13 are the ultimate issues addressing, in light of the preceding issues, what conservation goals we should establish for DEF as required by Section 366.82, F.S. Following a robust discovery process, we were presented with a series of proposed Type II stipulations,17 set forth below in Attachment A, that fully resolved all issues in this docket. DEF, PCS Phosphate, Nucor, LULAC, Florida Rising, SACE, and Walmart supported the stipulations. FIPUG supported the stipulations on Issues 8A and 8B at the August 8, 2024, hearing and took no position on all other stipulations. FDACS took no position on all issues. Commission staff recommended approval of the proposed stipulations. We approved the proposed stipulations by a bench vote at the August 8, 2024, hearing. We find that each of the stipulations are supported by evidence in the record. We also find that the testimony and exhibits in the record adequately address the statutory considerations required by Section 366.82(3), F.S., and demonstrate that the goals stipulated for Issues 12 and 13, as set forth in Attachment A, will increase the conservation of expensive resources, such as petroleum fuels; reduce and control the growth rates of electric consumption; reduce the growth rates of weather-sensitive peak demand; and encourage development of demand-side renewable energy resources. In particular, we found the testimony and exhibits of DEF witnesses Jim Herndon and Tim Duff, as well as the discovery responses provided by DEF, support our finding that the stipulated goals are reasonable and consistent with the requirements of Section 366.82, F.S., and Rule 25-17.0021, F.A.C. For these reasons, we find the stipulated goals to be appropriate. Conclusion The stipulations listed in Attachment A address all the requirements of FEECA enumerated in Section 366.82, F.S., and satisfy the requirements of Rule 25-17.0021, F.A.C. 16 Section 366.82(7), F.S., addresses how we must evaluate and approve the utilities’ plans to implement the Commission-established goals during the subsequent plan approval proceeding. 17 A Type II stipulation is one in which the utility and Commission staff, or the utility and at least one party adversarial to the utility, agree on the resolution of an issue, and the remaining parties (including staff if they do not join in the agreement) do not object to the Commission relying on the agreed language to resolve that issue in a final order.
ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO.20240013-EG PAGE6 Further, the conservation goa ls stip ul ated in Iss ue s 12 a nd 13 are appropriate to advance the prior iti es of FEECA. Therefore, the goa ls stipul ated in Issues 12 and 13 are adopted fo r DEF for th e period 2025 -2034. Based on the fo rego in g, it is ORDERED that Duke Energy Flo ri da shall abide by the stipulati ons, fi ndings, and rulin gs here in. It is further ORDERED that Duke Energy Florida's res idential and commercia l/ in dustria l summer and wi nter megawatt (MW) and an nu al gigawatt-hour (GWh) goa ls are adopted as set fo rth in Attac hm e nt A, Ex hibit A, Issue 12. It is furthe r ORDERED that Duke Energy Florida sho uld conti nu e to implement th e provisions of Ru le 25 -6.065, F.A.C., Interco nn ection and Net Meteri ng of Customer-Owned Renewable Genera ti on, as an appropriate means to enco ura ge the development of demand-side re newab le energy. It is further JDI ORDERED that this docket sha ll be closed after the time for filing an appeal h as run. By ORDER of the Flo rid a Pub li c Service Co mmi ssion th is 20th day of September, 2024. Comm ission Cler Florida Pub Iic Set vice Co mmi ssion 2540 Shumard Oak Boulevard Ta ll ahassee, Flor ida 32399 (850) 41 3-6770 www.tloridapsc.com Cop ies furn ished: A copy of this doc um en t is provided to the parties of reco rd at the time of issuance a nd , if appl icable, interested persons.
ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 7 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. Any party adversely affected by the Commission's final action in this matter may request: 1) reconsideration of the decision by filing a motion for reconsideration with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, 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 and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure.
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FILED 9/20/2024 DOCUMENT NO. 09135-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Commission review of numeric DOCKET NO. 20240013-EG conservation goals (Duke Energy Florida, ORDER NO. PSC-2024-0429-FOF-EG LLC). ISSUED: September 20, 2024 The following Commissioners participated in the disposition of this matter: MIKE LA ROSA, Chairman ART GRAHAM GARY F. CLARK ANDREW GILES FAY GABRIELLA PASSIDOMO FINAL ORDER APPROVING NUMERIC CONSERVATION GOALS FOR DUKE ENERGY FLORIDA, LLC APPEARANCES: DIANNE M. TRIPLETT, MATTHEW R. BERNIER and STEPHANIE A. CUELLO, ESQUIRES, 299 First Avenue North, St. Petersburg, Florida 33701 On behalf of Duke Energy Florida, LLC (DEF). SEAN T. GARNER, ERIK SAYLER and KELLY WRIGHT, ESQUIRES, Florida Department of Agriculture & Consumer Service, Office of General Counsel, The Mayo Building, 407 S. Calhoun Street, Suite 520, Tallahassee, Florida 32399-0800 On behalf of Florida Department of Agriculture & Consumer Services (FDACS). JON C. MOYLE, JR. and KAREN A. PUTNAL, ESQUIRES, Moyle Law Firm, P.A., 118 North Gadsden Street, Tallahassee, Florida 32301 On behalf of Florida Industrial Power Users Group (FIPUG). BRADLEY MARSHALL and JORDAN LUEBKEMANN, ESQUIRES, Earthjustice, 111 S. Martin Luther King Jr. Blvd., Tallahassee, Florida 32301 On behalf of Florida Rising, Inc. (FL Rising) and League of United Latin American Citizens (LULAC). PETER J. MATTHEIS, MICHAEL K. LAVANGA and JOSEPH R. BRISCAR, ESQUIRES, Stone, Mattheis, Xenopoulos & Brew, PC, 1025 Thomas Jefferson Street, NW, Eighth Floor, West Tower, Washington, DC 20007 On behalf of Nucor Steel Florida, Inc. (Nucor). ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 2 JAMES W. BREW, LAURA WYNN BAKER and SARAH B. NEWMAN, ESQUIRES, Stone, Mattheis, Xenopoulos & Brew, PC, 1025 Thomas Jefferson Street, NW, Eighth Floor, West Tower, Washington, DC 20007 On behalf of White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate – White Springs (PCS Phosphate). WILLIAM C. GARNER, ESQUIRE, Law Office of William C. Garner, PLLC, 3425 Bannerman Road, Unit 105, No. 414, Tallahassee, Florida 32312 On behalf of Southern Alliance for Clean Energy (SACE). STEPHANIE U. EATON, ESQUIRE, Spilman, Thomas & Battle, PLLC, 110 Oakwood Drive, Suite 500, Winston-Salem, North Carolina 27103 STEVEN W. LEE, ESQUIRE, Qualified Representative, Spilman, Thomas & Battle, PLLC, 1100 Bent Creek Blvd., Suite 101, Mechanicsburg, Pennsylvania 17050 On behalf of Walmart, Inc. (Walmart). JACOB IMIG, JON RUBOTTOM, and ADRIA HARPER, ESQUIRES, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 On behalf of the Florida Public Service Commission (Staff). MARY ANNE HELTON, ESQUIRE, Deputy General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399- 0850 Advisor to the Florida Public Service Commission. KEITH C. HETRICK, ESQUIRE, General Counsel, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850 Florida Public Service Commission General Counsel BY THE COMMISSION: Background Enacted in 1980, Sections 366.80 through 366.83, and 403.519, Florida Statutes (F.S.), are known collectively as the Florida Energy Efficiency and Conservation Act (FEECA). FEECA requires us to adopt appropriate goals to increase the efficiency of energy consumption and, pursuant to Section 366.82(6), F.S., we must review the goals of each utility subject to FEECA at least every five years. The six electric utilities subject to FEECA, collectively known as the FEECA Utilities, are Florida Power & Light Company (FPL), Duke Energy Florida, LLC (DEF), Tampa Electric Company (TECO), Florida Public Utilities Company (FPUC), JEA, and Orlando Utilities ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 3 Commission (OUC). Pursuant to Rule 25-17.0021, Florida Administrative Code (F.A.C.), numeric goals were last established for the FEECA Utilities by Order No. PSC-19-0509-FOF- EU, issued November 26, 2019. Therefore, new goals must be established by January 2025. By Order No. PSC-2024-0022-PCO-EG, issued February 28, 2024, the dockets for each of the FEECA Utilities were consolidated for purposes of hearing, and controlling dates and a tentative list of issues were established. White Springs Agricultural Chemicals, Inc. d/b/a/ PCS Phosphate – White Springs (PCS Phosphate) was granted leave to intervene on February 13, 2024. 1 We acknowledged the intervention of the Office of Public Counsel (OPC) on February 28, 2024.2 We acknowledged the intervention of the Florida Department of Agriculture and Consumer Services (FDACS) on April 24, 2024.3 The Florida Industrial Power Users Group (FIPUG) 4 , the Florida League of United Latin American Citizens (LULAC)5 , Florida Rising, Inc. (Florida Rising)6 , and Nucor Steel Florida, Inc. (Nucor)7 were granted leave to intervene on April 25, 2024. The Southern Alliance for Clean Energy (SACE) 8 and Walmart Inc. (Walmart)9 were granted leave to intervene on April 30, 2024. OPC withdrew from the proceeding on May 22, 2024.10 Pursuant to Notice and in accordance with Rule 28-106.209, F.A.C., a hearing was held on August 8, 2024, in Tallahassee, Florida, before the above commissioners. Decision Legal Background FEECA directs us to promote four key priorities: (1) reducing and controlling the growth rates of weather-sensitive peak demand and electricity usage, (2) increasing the efficiency and cost-effectiveness of the production and consumption of electricity and natural gas, (3) encouraging demand-side renewable energy systems, and (4) conserving expensive resources, particularly petroleum fuel.11 The Legislature emphasized that it is critical to utilize “efficient and cost-effective” conservation systems.12 Section 366.82, F.S., bifurcates our responsibility under FEECA into two separately docketed proceedings. First, in the goalsetting dockets, we must establish appropriate goals for increasing the efficiency of energy consumption and increasing the development of demand-side renewable energy systems. Following the adoption 1 Order No. PSC-2024-0037-PCO-EG. 2 Order No. PSC-2024-0051-PCO-EG. 3 Order No. PSC-2024-0128-PCO-EG. 4 Order No. PSC-2024-0132-PCO-EG. 5 Order No. PSC-2024-0133-PCO-EG. 6 Order No. PSC-2024-0135-PCO-EG. 7 Order No. PSC-2024-0131-PCO-EG. 8 Order No. PSC-2024-0139-PCO-EG. 9 Order No. PSC-2024-0138-PCO-EG. 10 DN 00854-2024. 11 See Sections 366.81-366.82, F.S. 12 Section 366.81, F.S. ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 4 of goals, in the plan approval dockets, each FEECA Utility must file plans and programs to meet the goals within its service area. The present docket was opened to address the first, goalsetting portion of our FEECA proceedings for DEF. FEECA requires that we establish goals designed to increase the conservation of expensive resources, such as petroleum fuels; reduce and control the growth rates of electric consumption; reduce the growth rates of weather-sensitive peak demand; and encourage development of demand-side renewable energy resources.13 Section 366.82(3), F.S., prescribes the following criteria for our evaluation of the conservation goals: In developing the goals, the commission shall evaluate the full technical potential of all available demand-side and supply-side conservation and efficiency measures, including demand-side renewable energy systems. In establishing the goals, the commission shall take into consideration: (a) The costs and benefits to customers participating in the measure. (b) The costs and benefits to the general body of ratepayers as a whole, including utility incentives and participant contributions. (c) The need for incentives to promote both customer-owned and utility-owned energy efficiency and demand-side renewable energy systems. (d) The costs imposed by state and federal regulations on the emission of greenhouse gases. The Commission implements FEECA for electric utilities through Rule 25-17.0021, F.A.C. Pursuant to that rule, for each FEECA Utility, we establish annual kilowatt (KW) and kilowatt-hour (KWh) goals for Residential and Commercial/Industrial customer classes.14 The goals are based on (1) an assessment of the technical potential of available conservation and efficiency measures, and (2) an estimate of the total cost-effective KW and KWh savings reasonably achievable through demand-side management (DSM) programs in each utility’s service area over a ten-year period.15 The goals we establish are annual targets for conservation, with KW goals relating to seasonal—summer and winter—demand savings, and annual KWh goals relating to annual energy savings. Following the last goalsetting proceedings in 2019, after receiving feedback from the utilities, intervenors, and interested persons, we amended Rule 25-17.0021, F.A.C., to streamline our FEECA process by requiring utilities to file potential conservation programs along with their proposed goals. This allows us to analyze the utilities’ proposed goals based upon energy (KWh) and demand (KW) savings from customer participation in potential programs they plan to implement, thus giving us better information as to the appropriateness of the goals. Thus, although utility conservation plans and the underlying programs and measures to implement those plans are not approved at this time, each utility must include sufficient information related 13 Section 366.82(2), F.S. 14 Rule 25-17.0021(1), F.A.C. 15 Id. ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 5 to the cost-effectiveness of its potential DSM programs to support the appropriateness of its proposed goals.16 Analysis Pursuant to Section 366.82, F.A.C., we must evaluate whether the goals requested by DEF are appropriate. Pursuant to the Prehearing Order, Order No. PSC-2024-0293-PHO-EG, issued August 2, 2024, a final list of issues was established for the consolidated hearing. Issues 1-7 address whether each utility, in developing its proposed goals, adequately addressed the considerations prescribed by statute and Commission rule. Issue 8 addresses, for the purpose of establishing goals for rate-regulated utilities, whether we should consider changing credit levels for demand response programs in the FEECA goalsetting proceedings or in their base rate proceedings. Issues 9-11 were specific only to FPL’s docket and thus not at issue for DEF. Issues 12 and 13 are the ultimate issues addressing, in light of the preceding issues, what conservation goals we should establish for DEF as required by Section 366.82, F.S. Following a robust discovery process, we were presented with a series of proposed Type II stipulations,17 set forth below in Attachment A, that fully resolved all issues in this docket. DEF, PCS Phosphate, Nucor, LULAC, Florida Rising, SACE, and Walmart supported the stipulations. FIPUG supported the stipulations on Issues 8A and 8B at the August 8, 2024, hearing and took no position on all other stipulations. FDACS took no position on all issues. Commission staff recommended approval of the proposed stipulations. We approved the proposed stipulations by a bench vote at the August 8, 2024, hearing. We find that each of the stipulations are supported by evidence in the record. We also find that the testimony and exhibits in the record adequately address the statutory considerations required by Section 366.82(3), F.S., and demonstrate that the goals stipulated for Issues 12 and 13, as set forth in Attachment A, will increase the conservation of expensive resources, such as petroleum fuels; reduce and control the growth rates of electric consumption; reduce the growth rates of weather-sensitive peak demand; and encourage development of demand-side renewable energy resources. In particular, we found the testimony and exhibits of DEF witnesses Jim Herndon and Tim Duff, as well as the discovery responses provided by DEF, support our finding that the stipulated goals are reasonable and consistent with the requirements of Section 366.82, F.S., and Rule 25-17.0021, F.A.C. For these reasons, we find the stipulated goals to be appropriate. Conclusion The stipulations listed in Attachment A address all the requirements of FEECA enumerated in Section 366.82, F.S., and satisfy the requirements of Rule 25-17.0021, F.A.C. 16 Section 366.82(7), F.S., addresses how we must evaluate and approve the utilities’ plans to implement the Commission-established goals during the subsequent plan approval proceeding. 17 A Type II stipulation is one in which the utility and Commission staff, or the utility and at least one party adversarial to the utility, agree on the resolution of an issue, and the remaining parties (including staff if they do not join in the agreement) do not object to the Commission relying on the agreed language to resolve that issue in a final order. ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO.20240013-EG PAGE6 Further, the conservation goa ls stip ul ated in Iss ue s 12 a nd 13 are appropriate to advance the prior iti es of FEECA. Therefore, the goa ls stipul ated in Issues 12 and 13 are adopted fo r DEF for th e period 2025 -2034. Based on the fo rego in g, it is ORDERED that Duke Energy Flo ri da shall abide by the stipulati ons, fi ndings, and rulin gs here in. It is further ORDERED that Duke Energy Florida's res idential and commercia l/ in dustria l summer and wi nter megawatt (MW) and an nu al gigawatt-hour (GWh) goa ls are adopted as set fo rth in Attac hm e nt A, Ex hibit A, Issue 12. It is furthe r ORDERED that Duke Energy Florida sho uld conti nu e to implement th e provisions of Ru le 25 -6.065, F.A.C., Interco nn ection and Net Meteri ng of Customer-Owned Renewable Genera ti on, as an appropriate means to enco ura ge the development of demand-side re newab le energy. It is further JDI ORDERED that this docket sha ll be closed after the time for filing an appeal h as run. By ORDER of the Flo rid a Pub li c Service Co mmi ssion th is 20th day of September, 2024. Comm ission Cler Florida Pub Iic Set vice Co mmi ssion 2540 Shumard Oak Boulevard Ta ll ahassee, Flor ida 32399 (850) 41 3-6770 www.tloridapsc.com Cop ies furn ished: A copy of this doc um en t is provided to the parties of reco rd at the time of issuance a nd , if appl icable, interested persons. ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 7 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. Any party adversely affected by the Commission's final action in this matter may request: 1) reconsideration of the decision by filing a motion for reconsideration with the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, 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 and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 8 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION Inre: Commission review of numeric conservation Docket No. 20240013-EG goals (Duke Energy Florida, LLC) Dated: August 8, 2024 Joint Notice of Stipulations 2034 shall be modified as set forth in the Amended Joint Notice of Necessary Stipulations filed on August 7", attached as Exhibit A and the Updated Petition, Testimony, & Exhibits! filed on July 22", 1 See document no. 07773-2024 ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 9 ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 10 SYSLCIIIS. ISSUE 14: Should this docket be closed? Stipulation: The Parties stipulate and agree that upon approval of the stipulations as set forth in the Amended Notice of Stipulations and the stipulations set forth in this Joint Notice of Stipulations, all issues in this docket, with the exception of Issue 8a, will be fully resolved and therefore should be closed upon issuance of a Final Order. 6. The Parties stipulate and agree that DEF’s proposed DSM goals include both RIM and TRC-passing programs that will deliver energy efficient savings options to all customers. ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 11 8. The Parties stipulate and agree that the positions and stipulations as set forth in the Joint Notice of Necessary Stipulations and this Joint Notice of Stipulations apply only to DEF’s proposed DSM goals in Docket No. 20240013-EG and do not impact or limit the positions a Party may take in another current or future proceeding. 9. The Parties stipulate and agree that these stipulations, along with those set forth in the Amended Joint Notice, fully resolve their respective issues in Docket No. 20240013- EG and request that they be approved by the Commission. /s/ Stephanie A. Cuello DIANNE M. TRIPLETT Deputy General Counsel 299 First Avenue North St. Petersburg, FL 33701 T: 727.820.4692 E: Dianne. Triplett(@Duke-Energy.com MATTHEW R. BERNIER Associate General Counsel 106 E. College Avenue, Surte 800 Tallahassee, FL. 32301 T: 850.521.1428 E: Matt. Bernier‘@ Duke-Energy.com STEPHANIE A. CUELLO Senior Counsel 106 East College Avenue, Suite 800 Tallahassee, Florida 32301 T: 850.521.1425 E: Stephanie. Cuello(@Duke-Energy.com FLRegulatoryLegali@Duke-Energy.com Attorneys for Duke Energy Florida, LLC ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 12 /s/ Bradley Marshall Florida Bar No. 98008 bmarshall(@earthjustice.org Jordan Luebkemann Florida Bar No. 1015603 jluebkemann/@earthjustice.org Earthjustice ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 13 Attachment A Nucor Steel Florida, Inc. » Lathe ol Michael K. Lavanga Stone Matheis Xenopoulos & Brew 1025 Thomas Jefferson Street, NW Eighth Floor, West Tower Washington, DC 20007 ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 14 PCS White Springs A Z tA Lh a ag 2H ia pames W. Brew, Esquire / Stone Matheis Xenopoulos & Brew / 1025 Thomas Jefferson Street, NW Eighth Floor, West Tower Washington, DC 20007 Attachment A ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 15 LAB — Stephanie U. Eaton (FL State Bar No. 165610) SPILMAN THOMAS & BATTLE, PLLC 110 Oakwood Drive, Suite 500 Winston-Salem, NC 27103 Phone: (336) 631-1062 Fax: (336) 725-4476 seaton@spilmanlaw.com Counsel to Walmart Inc. ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 16 Southern Alliance for Clean Energy (SACE) Name: William C. Garner ; Title: Attorney for Southern Alliance for Clean Energy Signature: Mile a ae Date: 6/7/2062 of ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 17 Exhibit A ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 18 DUKE f ENERGY. FLORIDA August 7, 2024 Attachment A Stephanie A. Cuello SENIOR COUNSEL ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 19 Attachment A Tallahassee, FL 32399-0850 jimig/@ipsc state fl_us JRubottoy@psc.state.flus James W. Brew / Laura Wynn Baker / Sarah B. Newman Stone Mattheis Xenopoulos & Brew, PC PCS Phosphate — White Springs 1025 Thomas Jefferson Street, NW Suite 800 West Washington, DC 20007-5201 jbrew@smxblaw.com lwb@smxblaw.com sbn(@smxblaw.com Jon C. Moyle, Jr. Karen A. Putnal Moyle Law Firm, P.A. FIPUG 118 North Gadsden Street Tallahassee, Florida 32301 jmovle(@moylelaw.com kputnal@imovlelaw.com Bradley Marshall Jordan Luebkemann Earthjustice LULAC and Florida Rising 111 8. Martin Luther King Jr. Blvd. Tallahassee, Florida 32301 bmarshall(@earthjustice.o jluebkema earthjustice.or flcaseupdates/d@earthjustice. Steven W. Lee SPILMAN THOMAS & BATTLE, PLLC Walmart 1100 Bent Creek Boulevard, Suite 101 Mechanicsburg, PA 17050 slee(@spilmanlaw.com The Mayo Bldg, Suite 520 Tallahassee FL 32399 Erik Sayler@FDACS.gov Brooks.Rumenik/@fdacs. gov kelly wri fdacs gov Peter J, Mattheis / Michael K. Lavanga Joseph R. Briscar Stone Mattheis Xenopoulos & Brew, PC NUCOR 1025 Thomas Jefferson Street, NW Suite 800 West Washington, DC 20007-5201 pimi@ismxblaw.com mkl@smxblaw.com irbi@’smxblaw.com William C. Gamer Law Office of William C. Gamer, PLLC SACE 3425 Bannerman Road Unit 105, No. 414 Tallahassee, FL 32312 bgarner/@weglawoffice.com Stephame U. Eaton SPILMAN THOMAS & BATTLE, PLLC Walmart 110 Oakwood Drive, Suite 500 Winston-Salem, NC 27103 seaton(@spilmanlaw.com ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 20 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION Inre: Commission review of numeric conservation Docket No. 20240013-EG goals (Duke Energy Florida, LLC) Dated: August 7" , 2024 Amended Joint Notice of Necessary Stipulations STIPULATIONS Issue 8(a): Should demand credit rates for interruptible service, curtailable service, stand-by generation, or similar potential demand response programs be addressed in this proceeding or in the base rate proceedings for the rate regulated FEECA Utilities? Stipulation ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 21 With respect to DEF, based on the stipulation to Issue 8b described below, the parties agree that no general policy guidance is required on this question at this time. The parties further agree that no changes in these credits shall be implemented any earlier than the effective date of new DEF base rates implemented pursuant to a general base rate proceeding, and that such new IS/CS/GSLM-2 credits shall only be implemented prospectively from such effective date. At such time as DEF’s base rates are reset in a general base rate proceeding, the IS/CS/GSLM-2 credits may be reset. In the next Demand Side Management goals and plan approval proceeding (currently anticipated to occur in 2029), DEF shall not propose to change the level of the credits.” Issue 8(b): In this proceeding, what demand credit rates as appropriate for establishing DEF’s goals? Stipulation: For the purpose of Stipulation and for the limited purpose of establishing DEF’s goals, the parties agree that Issue 8b is not applicable and that the appropriate demand credits are those stated in the pending 2024 Settlement Agreement filed contemporaneously in Docket No. 20240025-EI. Issue 12: What residential and commercial/industrial summer and winter megawatt (MW) and annual Gigawatt-hour (GWh) goals should be established for the period 2025-2034? ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 22 Attachment A DEF’s energy efficiency goals will reflect their proposed goals, plus an increase in participation for Neighborhood Energy Saver by 10% and an increase the installation of smart thermostats from 10% to 40%. This results in the following goals for the 10-year period: 2025-2034 Annual Goals Recommended Annual Goals (values at the generator) Residential Non-Residential Total WMW SMW GWH'S | WMW SMW GWH'S | WMW SMW GWH'S 2025 32 21 50 4 7 5 35 28 55 2026] 32 rut 51 3 7 5 35 28 56 2027 33 22 52 4 93 6 38 Ja 58 2028 34 22 33 4 3 6 38 31 59 2029 34 22 54 4 10 f 39 32 61 2030) 33 22 53 4 9 6 37 31 59 2031 33 22 53 4 8 6 37 30 39 2032] 33 22 54 5 8 5 38 30 59 2033 33 22 54 5 8 4 38 30 38 2034] 33 22 54 5 8 4 33 29 58 TOTAL 331 215 527 42 84 55 373 300 582 106 East College Avenue, Suite 800 Tallahassee, Florida 32301 T: (850) 321-1425 E: Stephanie. Cuello@duke-energy.com Matt. Bermier(@jduke-energy.com FLRegulatoryLegali@duke-energy.com Attorneys for Duke Energy Florida, LLC ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 23 /s/ Bradley Marshall Florida Bar No. 98008 bmarshall(@earthjustice.org Jordan Luebkemann Florida Bar No. 1015603 jluebkemann/@earthjustice.org Earthjustice ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 24 LAB — Stephanie U. Eaton (FL State Bar No. 165610) SPILMAN THOMAS & BATTLE, PLLC 110 Oakwood Drive, Suite 500 Winston-Salem, NC 27103 Phone: (336) 631-1062 Fax: (336) 725-4476 seaton@spilmanlaw.com Counsel to Walmart Inc. ORDER NO. PSC-2024-0429-FOF-EG Attachment A DOCKET NO. 20240013-EG PAGE 25 Flor dustrial Power Users Group S a Saal Moyle, Jr., Esquire Moyle Law Firm, PA 118 North Gadsden Street Tallahassee, FL 32301 Could don WwW 2024 Geils he be » ee ale Care Colton dy w/ Duke Gres Plat COC ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 26 Attachment A Nucor Steel Florida, Inc. » Lathe ol Michael K. Lavanga Stone Matheis Xenopoulos & Brew 1025 Thomas Jefferson Street, NW Eighth Floor, West Tower Washington, DC 20007 ORDER NO. PSC-2024-0429-FOF-EG DOCKET NO. 20240013-EG PAGE 27 PCS White Springs A Z tA Lh a ag 2H ia pames W. Brew, Esquire / Stone Matheis Xenopoulos & Brew / 1025 Thomas Jefferson Street, NW Eighth Floor, West Tower Washington, DC 20007 Attachment A
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