Florida Public Service Commission native order document 00215-2024

FILED 1/18/2024
DOCUMENT NO. 00215-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for recovery of costs associated
with named tropical systems during the 2018-
2022 hurricane seasons and replenishment of
storm reserve, by Tam a Electric Com any.
DOCKET NO. 20230019-EI
ORDER NO. PSC-2024-0018-PCO-EI
ISSUED: January 18, 2024
ORDER GRANTING WALMART, INC.'S
PETITION TO INTERVENE
On 	January 	23, 	2023, 	pursuant 	to 	Rules 	28-106. 201 	and 	25-6.0143, 	Florida
Administrative Code (F.A.C.), Tampa Electric Company (TECO or Company) filed its Petition
for 	Recovery of Costs 	Associated with Named Tropical 	Systems During the 	2019-2022
Hurricane Seasons and Replenishment of Storm Reserve. By vote at the March 7, 2023 Agenda
Conference, we approved TECO's request to implement an interim storm restoration recovery
charge to recover incremental storm restoration costs subject to a final true-up at a later date.
This matter is currently set for final hearing on May 1- 2, 2024.
Petition for Intervention
By petition dated March 6, 2023, Walmart, Inc. (Walmart) requested permission to
intervene in this proceeding. Walmart is a national retailer of goods and services throughout the
United States with its principal office located at 2608 SE J Street, Bentonville, Arkansas 72716.
Walmart states that it is both a retail and commercial customer of TECO with 36 retail units, a
distribution center, and related facilities located in the Company 's service territory. 	Walmart
purchases more than 135 million kWh per year from TECO and alleges that the cost of electricity
is a significant element of the cost of operation for Walmart's stores and facilities in the
Company' s service territory which will be substantially and directly impacted by the rates set in
this proceeding. 	Walmart represents that it has contacted the parties regarding its intervention
and that no party has indicated an objection to its intervention. TECO has no objection and the
Office of Public Counsel takes no position with respect to Walmart's intervention. 	No written
objections have been filed as of this date and the time for doing so has expired.
Standard 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.

ORDER NO. PSC-2024-0018-PCO-EI
DOCKET NO. 20230019-EI
PAGE 2
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 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 Walmart has met the two-prong standing test in Agrico. 	Walmart is a
commercial customer of TECO and, thus, will be substantially affected by the rates that are set in
this proceeding. Therefore, Walmart has demonstrated that it meets the two-prong standing test
of Agrico, and accordingly, Walmart’s petition for intervention shall be granted as set forth
herein. Pursuant to Rule 28-106.205, F.A.C., Walmart takes the case as it finds it.
Based upon the foregoing, it is
ORDERED by Art Graham, as Prehearing Officer, that the Petition to Intervene filed by
Walmart, Inc. is hereby granted as set forth in the body of this Order. It is further
ORDERED that Walmart, Inc. 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:
Stephanie U. Eaton 	Derrick Price Williamson
Florida Bar No. 165610 	Steven W. Lee
SPILMAN THOMAS & BATTLE, PLLC 	SPILMAN THOMAS & BATTLE,
110 Oakwood Drive, Suite 500 	PLLC
Winston-Salem NC 27103 	110 Bent Creek Boulevard, Suite 101
Phone: (336) 631-1062 	Mechanicsburg, PA 17050
Fax: (336) 725-4476 	Phone: (717) 795-2742
seaton@spilmanlaw.com 	Fax: (336) 725-4476
dwilliamson@spilmanlaw.com
slee@spilmanlaw.com

ORDER NO. PSC-2024-0018-PCO-EI
DOCKET NO. 20230019-EI
PAGE 3
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 18th day of
January, 2024.
/s/ Art Graham
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.
MRT
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.