Order No. PSC-2024-0098-PCO-EI•Florida Public Service Commission native order document 01956-2024
Florida Public Service Commission native order document 01956-2024
Order No. PSC-2024-0098-PCO-EIFlapubserv
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FILED 4/17/2024 DOCUMENT NO. 01956-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for limited proceeding for recovery of incremental storm restoration costs related to Hurricanes Elsa, Eta, Isaias, Ian, Nicole, and Tropical Storm Fred, by Duke Ener y Florida, LLC. DOCKET NO. 20230020-EI ORDER NO. PSC-2024-0098-PCO-EI ISSUED: April 17, 2024 ORDER GRANTING WHITE SPRINGS AGRICULTURAL CHEMICALS, INC. D/B/A PCS PHOSPHATE-WHITE SPRINGS' PETITION TO INTERVENE On January 23, 2023 , Duke Energy Florid a, LLC (DEF) filed a petition for a limited proceeding for recovery of incremental storm restoration costs related to Hurricanes Elsa, Eta, Isaias, Ian, Nicole and Tropical Storm Fred. By vote at its March 7, 2023 Agenda Conference the Commission approved DEF's request to implement an interim storm restoration recovery charge to recover $442.1 million in incremental storm restoration costs subject to a final true-up at a later da te. This docket has been set for hearing on May 21-22, 2024.1 Petition for Intervention By petition dated March 27, 2024, White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate - White Springs (PCS Phosphate) requested permission to intervene in this proceeding. PCS Phosphate is a manufacturer of fertilizer products with plants and operations located within the DEF electric service territory. PCS receives electric service under various DEF rate schedules. PCS represents that it has conferred with couns el for DEF, Office of Public Counsel (OPC) and Walmart regarding its request for intervention. OPC supports PCS Phosphate's intervention. DEF and Walmart take no position regarding PCS Phosphate's intervention. No written objections have been filed as of this date and the time for doing so has expired. Sta nd ard for Intervention Pursuant to Rule 28-106.205, Florida Administrative Code (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 he aring, 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 1 Order No. PSC-2023-0333-PCO-EI, issued November 2, 2023, in Docket No. 20230020-EI, In r e: Petition f or limited proceeding f or recovery of incremental sto rm restoration costs related to Hurrican es Elsa, Eta, Isaias, Ian, Nicole, and Tropical Sto rm Fred, by Duke Energy Florida, LL C.
ORDER NO. PSC-2024-0098-PCO-EI DOCKET NO. 20230020-EI PAGE 2 (Fla. 2d DCA 1981). 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 prong of the test addresses the degree of injury. The second addresses 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. 3rd 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 & Ruling It appears that PCS Phosphate has met the two-prong standing test in Agrico. PCS Phosphate is a commercial customer of DEF and, thus, will be substantially affected by the rates that will be set in this proceeding. Therefore, PCS Phosphate has demonstrated that it meets the two-prong standing test of Agrico, and accordingly, PCS Phosphate’s petition for intervention shall be granted as set forth herein. Pursuant to Rule 28-106.205, F.A.C., PCS Phosphate takes the case as it finds it. Based on the foregoing, it is ORDERED by Art Graham, as Prehearing Officer, that the Petition 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 this 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-2024-0098-PCO-EI DOCKET NO. 20230020-EI PAGE 3 By ORDER of Commissioner Art Graham, as Prehearing Officer, this 17th 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. SBr 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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