Florida Public Service Commission native order document 00697-2024

FILED 2/13/2024
DOCUMENT NO. 00697-2024
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-2024-0037-PCO-EG
LLC). 	ISSUED: February 13, 2024
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ORDER GRANTING INTERVENTION
On 	January 	5, 	2024, 	Docket 	Nos. 	20240012-EG, 	20240013-EG, 	20240015-EG,
20240016-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 and Conservation
Act (FEECA). By the Order Consolidating Dockets and Establishing Procedure, ORDER NO.
PSC-2024-0037-PCO-EGPSC-2024-0022-PHO-EG, issued January 23, 2024, the dockets were
consolidated for purposes of hearing a nd controlling dates were established. This docket is
currently scheduled for hearing on August 6, 2024.
Petition for Intervention
By motion dated January 31, 2024, the White Springs Agricultural Chemicals, Inc. d/b/a
PCS Phosphate - 	White Springs ("PCS Phosphate") requested permission to intervene in this
proceeding with respect to Docket No. 20240013-EG. PCS Phosphate states it is a manufacturer
of fertilizing products with plants and operations located within Duke Energy Florida's (DEF)
electric service territory. As such, it receives service under various DEF rate schedules. It argues
that the Commission's decisions regarding DEF's energy conservation goals may impact the cost
of power supplied by DEF to PCS Phosphate' s facilities in and around White Springs, Florida,
thereby 	affecting 	PCS 	Phosphate' s 	production a nd 	operating 	costs, 	and 	overall 	industry
competiveness.
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 or pursuant to Commission rule, or that the
substantial interests of the intervenor are subject to determination or will be affected through the
proceeding. Intervenors take the case as they find it.
To have standing, the intervenor must meet the two-prong standing test set forth in
Agrico Chemical Company v. Department of Environmental Regulation, 406 So. 2d 478, 482
(Fla. 2d DCA 1981 ). The intervenor must show that (I) he will suffer injury in fact that is of

ORDER NO. PSC-2024-0037-PCO-EG
DOCKET NO. 20240013-EG
PAGE 2
sufficient immediacy to entitle him to a Section 120.57, F.S., hearing, and (2) the substantial
injury is of a type or nature that the proceeding is designed to protect. The first aspect of the test
deals with the degree of injury. The second deals with the nature of the injury. The "injury in
fact" must be both real and immediate and not speculative or conjectural. International Jai-Alai
Players Assn. v. Florida Pari-Mutuel Commission, 561 So. 2d 1224, 1225-26 (Fla. 3d DCA
1990). See also Village Park Mobile Home Assn., Inc. v. State Dept. of Business Regulation, 506
So. 2d 426, 434 (Fla. 1st DCA 1987), rev. den., 513 So. 2d 1063 (Fla. 1987) (speculation on the
possible occurrence of injurious events is too remote).
Based on PCS Phosphate’s representations, it meets both prongs of Agrico’s standing
test. As an industrial customer within DEF’s service area, its substantial interests will be directly
affected by the Commission’s decisions as to the appropriate conservation goals and programs.
PCS Phosphate has established standing in this proceeding, and it takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Art Graham, as Prehearing Officer, that the Motion to
Intervene filed by White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate – White
Springs is hereby granted as set forth in the body of this Order. It is further
ORDERED that White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate –
White Springs 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:
James W. Brew
Laura Wynn Baker
Sarah B. Newman
Stone Mattheis Xenopoulos & Brew, PC
1025 Thomas Jefferson Street, NW
Suite 800 West
Washington, DC 20007-5201
Phone: (202) 342-0800
Fax: (202) 342-0807
jbrew@smxblaw.com
lwb@smxblaw.com
sbn@smxblaw.com

ORDER NO. PSC-2024-0037-PCO-EG
DOCKET NO. 20240013-EG
PAGE 3
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 13th day of
February, 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
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.