Florida Public Service Commission native order document 07751-2024

FILED 7/22/2024
DOCUMENT NO. 07751-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy 	DOCKET NO. 20240025-EI
Florida, LLC. 	ORDER NO. PSC-2024-0257-PCO-EI
ISSUED: July 22, 2024
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ORDER DENYING PETITION TO INTERVENE
WITHOUT PREJUDICE
Duke Energy Florida, LLC (DEF or Utility) filed its Petition for Rate Increase, minimum
filing requirements (MFRs), and testimony on April 2, 2024. DEF filed its MFRs based on
projected test years from January 1 to December 31 , 2025; January 1 to December 31 , 2026; and
January 1 to December 31 , 2027. By Order No. PSC-2024-0092-PCO-EI, issued April 11 , 2024,
a final administrative hearing has been scheduled for August 12 - 	16 , 2024. August 19 - 23 ,
2024, have also been reserved for the continuation and conclusion of this hearing, if necessary.
On July 8, 2024, DEF and the Office of Public Counsel (OPC) filed a Joint Motion to
Suspend Procedural Schedule. DEF and OP C represented in the Motion that they had reached an
agreement in principle to resolve all issues in this docket, and requested that the Commission
suspend all pending hearings, deadlines, and other matters in this docket. By Order No. PSC-
2024-0234-PCO-EI, issued July 11 , 2024, the Motion was granted. All pending discovery and
scheduled hearings, including both the prehearing and final hearing, are currently suspended.
Petition to Intervene
On June 24, 2024, the Florida Solar Energy Industry Association (FLASEIA) filed a
Petition to Intervene (Petition). In the Petition, FLASEIA states that it is a trade association
founded in 1977 with a current membership of 186 companies that
include[s] solar manufacturers and distributors as well as Florida contractors,
retailers and consultants who install and maintain solar water heating, pool
hearing and solar electric systems throughout Florida. FLASEIA membership also
includes Gainesville Regional Utilities, Lakeland Electric Utilities, the Florida
Solar 	Energy 	Center 	and 	Florida 	Solar 	Energy 	Re search 	and 	Education
Foundation.
FLASEIA represents that 74 of these members have a home office address in a county served by
DEF. FLASEIA separately states that its members "reside throughout Florida and are both
commercial and residential ratepayers of Florida Power & Light Company, Progress Energy of

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Florida,1 Tampa Electric Company, Gulf Power Company, Orlando Utilities Commission, GRU
and JEA.” 2
The purposes of FLASEIA set forth in the Petition are to uphold high ethical standards,
professional licensing and qualifications, and safety and performance. FLASEIA also states that
it represents and advocates on behalf of its members.
FLASEIA alleges that the proposed rate increases, if granted, will have a direct and
substantial impact on its members (1) as DEF ratepayers and (2) in their roles in the solar and
energy industry in Florida.
DEF Response in Opposition
On July 1, 2024, DEF filed a Response in Opposition to the Petition (Response). DEF
first notes that FLASEIA has not specifically alleged that a substantial number of its members
are ratepayers of the utility who will be affected by a base rate increase, and has only pleaded
facts to support the conclusion that some of its members might be ratepayers. DEF continues that
the stated goal of FLASEIA in the Petition is to protect and promote the solar industry, and that
such a purely business interest is not within the scope of this proceeding. For these reasons, DEF
asserts that FLASEIA has failed to allege that a substantial number of its members have
substantial interests that are within the scope of this proceeding and that may be affected by the
Commission’s decision.
Standards 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 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.
FLASEIA argues that it has associational standing to represent its members under
Florida Home Builders v. Dept. of Labor and Employment Security, 412 So. 2d 351 (Fla. 1982).
Under the test established in Florida Home Builders, an association seeking standing on behalf
of its members must demonstrate that: (1) a substantial number of its members may be
substantially affected by the agency’s decision; (2) the subject matter of the proceeding is within
1 By Order No. PSC-2013-0267-FOF-PU, issued June 12, 2013, Progress Energy Florida, Inc. changed its name to
Duke Energy Florida, Inc. See Docket No. 20130141-PU, In re: Request for acknowledgment of name change from
Progress Energy Florida. Inc. to Duke Energy Florida, Inc. d/b/a Duke Energy.
2 GRU is the acronym for Gainesville Regional Utilities. JEA is the acronym for Jacksonville Electric Authority.

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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. 412 So. 2d at 353-54.
Whether the individual members of FLASEIA are “substantially affected” is determined
under the test established in Agrico Chemical Company v. Department of Environmental
Regulation, 406 So. 2d 478 (Fla. 2d DCA 1981). Under Agrico, the person seeking to intervene
in an administrative proceeding must show that (1) he will suffer injury in fact that is of
sufficient immediacy to entitle him to a hearing under Section 120.57, Florida Statutes (F.S.),
and (2) the substantial injury is of a type or nature that the proceeding is designed to protect. 406
So. 2d at 482. 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) (speculation on the
possible occurrence of injurious events is too remote).
Analysis & Ruling
The first prong of Florida Home Builders requires that FLASEIA allege facts that, if
proven, would demonstrate that a substantial number of its members may be substantially
affected by the Commission’s decision in this proceeding. FLASEIA alleges that 74 of its 186
members “have a home address in a county served by DEF.” FLASEIA’s assertion that 74 out of
186 (40%) is a “substantial number” of its members for purposes of associational standing is
legally sufficient. See ABC Fine Wine & Spirits v. Dep’t of Bus. & Pro. Regul., Div. of Alcoholic
Beverages & Tobacco, 323 So. 3d 794, 798 (Fla. 1st DCA 2021) (“This equates to 42% of
FISA’s non-ABC membership holding COP licenses, which qualifies as a ‘substantial number’
of its members.”). However, FLASEIA does not allege that DEF actually supplies electric
service to those 74 members, or that DEF supplies electrical service to the entire county where
those members have home addresses. Accordingly, FLASEIA has failed to plead facts that
would demonstrate that these members are, in fact, affected by this proceeding as DEF
ratepayers.
FLASEIA next states that an unspecified number of FLASEIA members “throughout
Florida are both commercial and residential ratepayers of Florida Power & Light Company,
Progress Energy of Florida, Tampa Electric Company, Gulf Power Company, Orlando Utilities
Commission, GRU and JEA.” This statement fails to specify how many, if any, FLASEIA
members receive electric service from DEF.
FLASEIA 	separately 	asserts 	that 	a 	substantial 	number 	of 	its 	members 	may 	be
substantially affected by the Commission’s decision in this proceeding “in their roles in the solar
and energy industry in Florida.” The Petition contains sufficient allegations to support a
reasonable inference that a substantial number of FLASEIA’s members are involved in the solar
and energy industry in Florida. However, the interest shared by these members and alleged by
FLASEIA to be affected by the Commission’s decision is not of a type that is appropriately
addressed in this proceeding.

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The Petition describes the members’ interest as being in “Florida’s competitive electric
rates and a favorable business environment, including friendly business environment for
distributed energy companies whose business model relies on local utility rates.” An interest in
economic competition is cognizable in an administrative proceeding only if it “falls within the
zone of interest intended to be protected by the applicable statutes.” Fla. Soc. of Ophthalmology
v. State Bd. of Optometry, 532 So. 2d 1279, 1285 (Fla. 1st DCA 1988). This proceeding is
governed by Chapter 366, F.S., which requires the Commission to establish rates that are fair,
just, and reasonable. Business competition among industries and technologies is not a statutory
component of this analysis and, therefore, not within the zone of interests cognizable in this
proceeding.
Conclusion
A petition to intervene must contain “[a]llegations sufficient to demonstrate . . . that the
substantial interests of the intervenor are subject to determination or will be affected by the
proceeding.” Rule 28-106.205(3), F.A.C. The instant Petition does not contain sufficient
allegations that a substantial number of FLASEIA’s members are affected as DEF ratepayers.
The Petition sufficiently alleges that a substantial number of FLASEIA members are involved in
the solar and energy industry in Florida. However, the competitive economic interest of these
members that is alleged to be affected is not of a type or nature that the proceeding is designed to
protect. For all of these reasons, the allegations in the Petition do not satisfy the first prong of
Florida Home Builders. Accordingly, the Petition shall be dismissed. Because it does not
conclusively appear on the face of the Petition that these defects cannot be cured, this denial is
without prejudice. See Section 120.569(2)(c), F.S.
It is, therefore,
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the
Florida Solar Energy Industry Association’s Petition to Intervene in Docket No. 20240025-EI is
hereby denied without prejudice.

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or
By
ORDER
of
Commissioner Gabriella Passidomo. as Prchearing Officer, this
22nd_
day
July 	, 	?024 	.
SPS
(jJ~~~Commissioner and Prchearing 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 panics
of
record at the time
of
issuance and, i r applicable, interested persons.
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 relier sought.
Mediation may be available on a casc-hy-casc basis. 	If mediation is conducted, it docs
not affect a substantially interested person's right to a hearing.
Any 	pat1y 	adversely 	affected 	by 	this 	order. 	which 	is 	preliminary. 	procedural 	or
intermediate in nature, may request: (I) rcconsi<lcrntion within 10 days pursuant to Rule 25-
22.03 76, 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

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appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate
Procedure.