Order No. PSC-2024-0129-PCO-EI•Florida Public Service Commission native order document 02318-2024
Florida Public Service Commission native order document 02318-2024
Order No. PSC-2024-0129-PCO-EIFlapubserv
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FILED 4/24/2024 DOCUMENT NO. 02318-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for rate increase by Duke Energy DOCKET NO. 20240025-EI Florida, LLC. ORDER NO. PSC-2024-0129-PCO-EI ISSUED: April 24, 2024 -----------------~ ORDER GRANTING INTERVENTION FOR WHITE SPRINGS AGRICULTURAL CHEMICALS, INC. d/b/a PCS PHOSPHATE - WHITE SPRINGS Duke Energy Florida, LLC (Duke or Utility) filed its Petition for Rate Increase, minimum filing requirements (MFRs), and testimony on April 2, 2024. Duke filed its MFRs ba sed on projected test years from January 1 to December 31 , 2025; January 1 to December 31 , 2026; and January 1 to December 31 , 2027. By Order No. PSC-2024-0092-PCO-EI, issued April 11 , 2024, an administrative hearing has been scheduled for these matters for August 12 - 16 , 2024. August 19 - 23, 2024, have also been reserved for the continuation and conclusion of this hearing, if necessary. Petition for Intervention By Petition dated March 29, 2024, White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate - White Springs (PCS Phosphate) requested permission to intervene in this proceeding. PCS Phosphate states it is a manufacturer of fertilizing products with plants and operations located within Duke's electric service territory, and receives service under various DEF rate schedules. PCS asserts that the Commission 's decisions regarding Duke 's base rate requests m ay 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 and 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 sub stantial 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 sub stantial interests of the intervenor are subject to determination or will be affected through the proceeding. Intervenors take the case as they find it. To have standing, the intervenor must meet the two-prong standing test set forth in Agrico Chemical Company v. Department of Environmental Regulation, 406 So. 2d 478, 482 (Fla. 2d DCA 1981). The intervenor must show that (1) he will suffer injury in fact that is of
ORDER NO. PSC-2024-0129-PCO-EI DOCKET NO. 20240025-EI 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). Analysis and Ruling Based on the above representations, PCS Phosphate meets the first prong of Agrico in that the amount it pays in electric rates may ultimately be affected by this proceeding. In addition, PCS Phosphate meets the second prong of Agrico because: (1) the purpose of this proceeding is to determine whether Duke’s request for a base rate increase should be approved, and (2) the Commission’s determination will set the rates paid by ratepayers such as PCS Phosphate. Based on the foregoing, PCS Phosphate meets both prongs of Agrico. PCS Phosphate takes the case as it finds it. Based on the above representations, it is ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the Petition to Intervene filed by PCS Phosphate is hereby granted as set forth in the body of this Order. It is further ORDERED that PCS Phosphate 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 (202) 342-0800 jbrew@smxblaw.com lwb@smxblaw.com sbn@smxblaw.com
ORDER NO. PSC-2024-0129-PCO-EI DOCKET NO. 20240025-EI PAGE 3 By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day of ------- SPS AJJ,L.__________Gabriella Passidomo 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. 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. 24th April 2024
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