Order No. PSC-2024-0134-PCO-EG•Florida Public Service Commission native order document 02370-2024
Florida Public Service Commission native order document 02370-2024
Order No. PSC-2024-0134-PCO-EGFlapubserv
Testo completo
FILED 4/25/2024
DOCUMENT NO. 02370-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric DOCKET NO. 20240012-EG
conservation goals (Florida Power & Light ORDER NO. PSC-2024-0134-PCO-EG
Com an ). ISSUED: April 25, 2024
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ORDER GRANTING INTERVENTION
FOR ENVIRONMENTAL CONFEDERATION
OF SOUTHWEST FLORIDA
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 March 15, 2024, the Environmental Confederation of Southwest Florida, Inc.
("ECOSWF") filed its Petition to Intervene in Docket No. 20240012-EG. ECOSWF was
organized for the purpose of conserving the natural resources of Southwest Florida,
implementing energy efficiency improvements and alternatives, and engaging in actions in the
furtherance of energy conservation and alternative energy source development. ECOSWF has a
substantial number of members consisting of business entities, other organizations, and
individuals living in Southwest Florida that reside in FPL's service territory and are FPL' s
customers. ECOSWF alleges its members face high electricity bills that can be mitigated by the
use of cost-effective energy efficiency and demand-side management measures and programs
with the goals being set by this proceeding. No party indicated an objection to ECOSWF'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 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, pursuant to Florida Public Service Commission
("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-2024-0134-PCO-EG DOCKET NO. 20240012-EG PAGE 2 The test for associational standing was established in Florida Home Builders Association v. Department of Labor and Employment Security1 and Farmworker Rights Organization, Inc. v. Department of Health and Rehabilitative Services,2 which is based on the basic standing principles established in Agrico Chemical Company v. Department of Environmental Regulation.3 Associational standing may be found where: (1) the association demonstrates that a substantial number of an association’s members may be substantially affected by the Commission's decision in a docket; (2) the subject matter of the proceeding is within 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.4 Analysis and Ruling Based on above representations, it appears that ECOSWF meets the associational standing requirements of Florida Home Builders. ECOSWF has demonstrated that a substantial number of its members may by substantially affected by the Commission’s decisions as to the appropriate conservation goals and programs. The conservation goals in this proceeding are within ECOSWF’s general scope of interest and activity. ECOSWF seeks to mitigate high electric bills by the use of cost-effective energy efficiency and demand-side management measures and programs with goals set by this proceeding, which is an appropriate relief for ECOSWF to receive on behalf of its members. ECOSWF meets the requirements for associational standing and will be permitted to intervene in Docket No. 20240012-EG as a party in this proceeding. ECOSWF 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 Environmental Confederation of Southwest Florida is hereby granted as set forth in the body of this Order. It is further ORDERED that Environmental Confederation of Southwest Florida takes the case as it finds it. It is further 1 Fla. Home Builders Ass’n v. Dep’t of Labor & Emp’t Sec., 412 So.2d 351 (Fla. 1982). 2 Farmworker Rights Org., Inc. v. Dep’t of Health & Rehab. Servs., 417 So.2d 753 (Fla. 1st DCA 1982). 3 Agrico Chem. Co. v. Dep’t of Envtl. Regulation, 406 So. 2d 478, 481–82 (Fla. 2d DCA 1981). Under Agrico, the individual intervenor must show that (1) they will suffer injury in fact which is of sufficient immediacy to entitle them to a Section 120.57, Florida Statutes (“F.S.”), hearing, and (2) this substantial injury is of a type or nature which 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. Id. at 482. The "injury in fact" must be both real and immediate and not speculative or conjectural. Int’l Jai-Alai Players Ass’n v. Fla. Pari-Mutuel Comm’n, 561 So.2d 1224, 1225–26 (Fla. 3d DCA 1990); see also Vill. Park Mobile Home Ass’n, Inc. v. State Dep’t of Bus. Regulation, 506 So.2d 426, 434 (Fla. 1st DCA 1987), rev. den., 513 So.2d 1063 (Fla. 1987) (noting speculation on the possible occurrence of injurious events was too remote). 4 Fla. Home Builders Ass’n, 412 So.2d at 353–54; Farmworker Rights Org., Inc., 417 So.2d at 754.
ORDER NO. PSC-2024-0134-PCO-EG DOCKET NO. 20240012-EG PAGE 3 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: Bradley Marshall Jordan Luebkemann EarthJustice 111 S. Martin Luther King Jr. Blvd. Tallahassee, Florida 32301 bmarshall@earthjustice.org jluebkemann@earthjustice.org flcaseupdates@earthjustice.org 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-2024-0134-PCO-EG DOCKET NO. 20240012-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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