Florida Public Service Commission native order document 02588-2024

FILED 4/30/2024
DOCUMENT NO. 02588-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric
conservation goals (Florida Power & Light
Company).
In re: Commission review of numeric
conservation goals (D uke Energy Florida,
LLC).
In re: Commission review of numeric
conservation goals (Tampa Electric Company) .
In re: Comm ission review of numeric
co nservation goals (Florida Public Utilities
Company).
DOCKET NO . 20240012-EG
DOCKET NO. 20240013-EG
DOCKET NO. 20240014-EG
DOCKET NO. 20240015- EG
ORDER NO. PSC-2024-0138-PCO-EG
ISSUED: April 30, 2024
ORDER GRANTING INTERVENTION
FOR WALMART, INC.
On 	January 	5, 	2024, 	Docket 	Nos. 	20240012-EG, 	20240013 - EG, 	20240014-EG,
202400 15-EG, 20240016-EG, and 20240017-EG were established to review and adopt the
corresponding utility' s conservation goa ls pursuant to Sections 366.80-366.83 and 403.519,
Florida Stat utes. (F.S.), known collectively as the Florida Energy Efficiency and Conservation
Act (FEECA). By the Ord er Consolidating Dockets and Establishing Procedure, Order No. PSC-
2024-0022-PCO-EG, issued January 23, 2024, the dockets were consolidated for purposes of
hearing and controlling dates were established. These dockets are currently sc heduled for hearing
on August 6-9, 2024.
Petition for Intervention
On April 23, 2024, the Walmart, Inc. ("Walmart") fi led a Petition to Interve ne in Docket
Nos. 202400 12-EG , 20240013-EG, 20240014-EG, and 20240015-EG. Walmart is a national
retail er of goods and services throughout the United States with 232 Supercenters, 9 Discount
Stores, 97 Ne ighborhood Markets, 46 Sam's Clubs, 2 Other Pharmacy Formats, 9 Distribution
Centers, and 2 Fulfillm ent Ce nters in Florida. Walmart is a customer of Florida Power & Light
Company (FPL), Duke Energy Florida, LLC (DEF), Tampa Electric Company (TECO), and
Florida Public Util iti es Company (FPUC). Walmart co llectively purchases more than 1.2 billion
kWh annually from the above utilities. The cost of electric utility service is a significant element
in the cost of operation for Walmart, which could be impacted by the outcomes in these dockets.
Walmart asserts that it has a unique substantial interest in this matter. No party indicated an
objection to Walmart's intervention.

ORDER NO. PSC-2024-0138-PCO-EG
DOCKET NOS. 20240012-EG,
20240013-EG, 20240014-EG,
20240015-EG
PAGE2
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
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 I 224, 1225-26 (Fla. 3d DCA
1990). See also Village Park Mobile Home Assn.. Inc. v. Slate 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 above representations, it appears that Walmart meets the standing requirements
of Agrico. As a commercial customer within FPL's, DEF's, TECO's , and FPUC's service areas,
its substantial 	interests will -be directly affected by the Commission's decisions as to the
appropriate conservation goals and programs. Walmru1 meets the requirements for standing and
will be permitted to intervene as a party Docket Nos. 20240012-EG, 20240013-EG, 20240014-
EG, and 20240015-EG. Walmart takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Arthur Graham, as Prehearing Officer, that the Motion to
Intervene filed by Walmart, Inc. is hereby granted as set forth in the body of this Order. It is
further
ORDERED that WaJmart, Inc. takes the case as it finds it. It is further

ORDER NO. PSC-2024-0138-PCO-EG
DOCKET NOS. 20240012- EG,
20240013-EG, 20240014-EG,
20240015-EG
PAGE3
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:
JOI
Stephanie U. Eaton
Florida Bar No.: 165610
Steven W. Lee
SPILMAN THOMAS & BATTLE, PLLC
110 Oakwood Drive, Suite 500
Winston-Salem, NC 27103
SPILMAN THOMAS & BA TILE ,
PLLC
1100 Bent Creek Boulevard, Suite 101
Mechanicsburg, PA 17050
Phone: (336) 631-1062
Fax: (336) 725-4476
seaton {@,s pilmanlaw.com
Phone: (717) 791-2012
Fax: (717) 795-2743
slee@s pi Iman law.com
By ORDER of the Florida Public Service Commission this 30th day of April, 2024.
a 	TZMANCommission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallal1assee, 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.

ORDER NO. PSC-2024-0138-PCO-EG
DOCKET NOS. 20240012-EG,
20240013-EG, 202400 I 4-EG,
20240015-EG
PAGE4
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: (I) reconsideration within IO 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 RuJe 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.