Florida Public Service Commission native order document 09135-2024

Order No. PSC-2024-0429-FOF-EGFlapubserv

Full text

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.
ORDER NO. PSC-2024-0429-FOF-EG 	Attachment A
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ORDER NO. PSC-2024-0429-FOF-EG 	Attachment A
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ORDER NO. PSC-2024-0429-FOF-EG 	Attachment A
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ORDER NO. PSC-2024-0429-FOF-EG 	Attachment A
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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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