Order No. PSC-2024-0131-PCO-EG•Florida Public Service Commission native order document 02367-2024
Florida Public Service Commission native order document 02367-2024
Order No. PSC-2024-0131-PCO-EGFlapubserv
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FILED 4/25/2024 DOCUMENT NO. 02367-2024 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-2024-0131-PCO-EG LLC). ISSUED: April 25, 2024 --~--------------~ ORDER GRANTING INTERVENTION FOR NUCOR STEEL FLORIDA, INC. On January 5, 2024, Docket Nos. 20240012-EG, 20240013-EG, 20240014-EG, 20240015-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- 2024-0022-PCO-EG, issued January 23, 2024, the dockets were consolidated for purposes of hearing and controlling dates were established. These dockets are currently scheduled for hearing on August 6-9, 2024. Petition for Intervention On April 5, 2024, Nucor Steel Florida, Inc. (Nucor) filed a Petition to Intervene in Docket No. 20240013-EG. Nucor states it owns and operates a steel production facility located within Duke Energy Florida's (DEF) electric service territory. Nucor purchases large amounts of electric energy from DEF to power its steel making operations. Nucor argues that the changes proposed in this docket may affect the rates charged and paid by DEF customers and, because Nucor purchases substantial amounts of electric energy from DEF, the outcome of this proceeding may adversely affect Nucor's interests. No other party indicated an objection to Nucor' s intervention. 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 sufficient immediacy to entitle him to a Section 120.57, F.S., hearing, and (2) the substantial
ORDER NO. PSC-2024-0131-PCO-EG DOCKET NO. 20240013-EG PAGE 2 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 above representations, it appears that Nucor meets the standing requirements of Agrico. 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. Nucor meets the requirements for standing and will be permitted to intervene in Docket No. 20240013-EG as a party in this proceeding. Nucor takes the case as it finds it. Based on the above representations, it is ORDERED by Commissioner Arthur Graham, as Prehearing Officer, that the Petition to Intervene filed by Nucor Steel Florida, Inc. is hereby granted as set forth in the body of this Order. It is further ORDERED that Nucor Steel Florida, Inc. 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: Peter J. Mattheis Michael K. Lavanga Joseph R. Briscar Stone Mattheis Xenopoulos & Brew, PC 1025 Thomas Jefferson Street, NW Suite 800 West Washington, DC 20007-5201 Phone: (202) 342-0800S
ORDER NO. PSC-2024-0131-PCO-EG DOCKET NO. 20240013-EG PAGE 3 By ORDER of Commissioner Art Graham, as Prehearing Officer, this 25th day of April, 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
ORDER NO. PSC-2024-0131-PCO-EG DOCKET NO. 20240013-EG PAGE 4 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.
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