Florida Public Service Commission native order document 03684-2026

FILED 6/23/2026
DOCUMENT NO. 03684-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for a limited proceeding to
approve large load tariff, by Duke Energy
Florida, LLC._
DOCKET NO. 20260064- EI
ORDER NO. PSC-2026-0233-PCO-EI
ISSUED: June 23, 2026
ORDER GRANTING INTERVENTION FOR FLORIDA RISING. INC.
On April 22, 2026, Duke Energy Florida, LLC (DEF or Utility) filed a petition requesting
approval 	of a new 	large 	load 	tariff with 	a 	policy 	applicable 	to 	large 	electric 	users and 	an
associated customer agreement. Discovery guidelines, hearing procedures, and controlling dates
were 	established by 	the 	Order 	Establishing 	Procedure, 	Order 	No. 	PSC-2026-0120-PCO-EI,
issued on May 	5, 2026. This docket is currently scheduled for hearing on August 25-26, 2026.
Petition for Intervention
On May 	5, 	2026, 	Florida 	Rising, 	Inc. 	(Florida 	Rising) 	filed 	a 	Petition 	to 	Intervene
(Petition) 	in 	this 	docket. According 	to 	its 	Petition, 	Florida Rising 	is an 	association 	that has 	a
substantial number of its members within DEF’s service 	territory. Florida Rising 	asserts that 	its
members 	will be 	substantially 	affected by 	the outcome 	of 	this 	proceeding, 	arguing 	that DEF
customers 	that 	will 	face higher 	electricity rates 	for 	the 	investments needed 	to 	serve 	large load
customers 	unless 	Florida 	Rising’s members’ 	interests 	are 	properly 	protected. 	Florida 	Rising
states 	in 	its 	Petition 	that 	it conferred with DEF, 	the Office of Public Counsel (OPC), and PCS
Phosphate regarding 	its 	intervention. DEF 	took no 	position but reserved 	the 	right 	to respond,
OPC took no position pending demonstration of associational 	standing, and PCS Phosphate took
no position. On May 	12, 2026, DEF 	filed a response seeking denial of Florida Rising’s Petition,
alleging that Florida Rising’s interests are not being affected in this docket.
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 	three-prong 	standing 	test 	set 	forth 	in
Florida Home Builders Association 	v. Department of Labor and Employment 	Security, 412 	So.
2d 351, 353-54 	(Fla. 	1982), and Farmworker Rights Organization, 	Inc, 	v. Department of Health
and Rehabilitative 	Services, 417 	So. 2d 753, 754 	(Fla. 	1st DCA 	1982), which 	is based on 	the

ORDER NO. PSC-2026-0233-PCO-EI
DOCKET NO. 20260064-EI
PAGE 2
basic 	standing 	principles 	established 	in 	Agrico 	Chemical 	Company 	v. 	Department 	of
Environmental Regulation, 406 So. 2d 478, 481-82 (Fla. 2d DCA 1981). 1 Associational standing
may be found where: (1) the association demonstrates that a substantial number of an
association’s members may be substantially affected by the Commission’s decision in a docket;
(2) the subject matter of the proceeding is within the association’s general scope of interest and
activity; and (3) the relief requested is of a type appropriate for the association to receive on
behalf of its members. Fla. Home Builders, 412 So. 2d at 353-54; Farmworker Rights Org.,417
So. 2d at 754.
Analysis and Ruling
With respect to the first prong of the associational standing test established in Florida
Home Builders, Florida Rising asserts that its members are electric customers of DEF and that its
members’ substantial interests will be directly affected by the Commission’s decision on DEF’s
petition. With respect to the second prong, the subject matter of the proceeding appears to be
within Florida Rising’s general scope of interest and activity. Florida Rising is an association
whose members are retail consumers of DEF. Florida Rising contends that its members will be
directly affected by the outcome of this docket. As for the third prong, Florida Rising is seeking
intervention in this docket in order to represent the interests of its members in this rate
proceeding.
Based on the foregoing, Florida Rising has made allegations sufficient to meet the three-
prong associational standing test established in Florida Home Builders and its petition to
intervene shall be granted subject to proof of standing or stipulations that there are sufficient
facts to support all elements for standing. See Delgado v. Agency for Health Care Admin., 237
So. 3d 432, 437 (Fla. 1st DCA 2018) (proper pretrial stipulations to the facts supporting all
elements of standing are binding upon the parties and the court). As an intervenor, Florida Rising
takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that Florida Rising,
Inc. is hereby granted provisional intervention subject to proof of standing at hearing as set forth
in the body of this Order. It is further
ORDERED that Florida Rising, Inc. takes the case as it finds it. It is further
1 	Under Agrico, the intervenor must show that (1) he will suffer injury in fact which is of sufficient immediacy to
entitle him to a Section 120.57, F.S., hearing, and (2) the substantial injury is of a type or nature which the
proceeding is designed to protect. The first aspect of the test deals with the degree of injury. The second deals with
the nature of the injury. 406 So. 2d 478 at 482. 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).

ORDER NO. PSC-2026-0233-PCO-EI
DOCKET NO. 20260064-EI
PAGE 3
ORDERED that all parties to this proceeding shall furnish copies of all testimony,
exhibits, pleadings, and other documents which may hereinafter be filed in this proceeding to:
Bradley Marshall
Jordan Luebkemann
Earthjustice
111 S. Martin Luther King Jr. Blvd.
Tallahassee, Florida 32301
(850) 681-0031
bmarshall@earthjustice.org
jluebkemann@earthjustice.org
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 23rd day of June,
2026.
GARY F. CLARK
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.
SF
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.

ORDER NO. PSC-2026-0233-PCO-EI
DOCKET NO. 20260064-EI
PAGE 4
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.