Florida Public Service Commission native order document 04541-2024

FILED 6/4/2024
DOCUMENT NO. 04541-2024
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-2024-0185-PCO-EI
ISSUED: June 4, 2024
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ORDER GRANTING PETITION TO INTERVENE
BY EVGO SERVICES, LLC
Duke Energy Florida, LLC (Duke or Utility) filed its Petition for Rate Increase, minimum
filing requirements (MFRs), and testimony on April 2, 2024. Duke 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,
an administrative hearing has been scheduled for these matters for August 12 - 16, 2024. August
19 - 23, 2024, have also been reserved for the continuation and conclusion of this hearing, if
necessary.
Petition for Intervention
By Petition dated May 14, 2024, EVgo Services, LLC (EV go) requested permission to
intervene in this proceeding. EVgo states that it is a leading public fast charger provider across
the country. EV go represents that over 70 of its approximately 1,000 fast charging stations are in
Florida. EVgo states that it is an electric customer of Duke, taking service under the Utility's
General Service Rates. EV go further avers that it may participate or seek to participate in several
of Duke 's proposed electric vehicle (EV) programs.
No respon ses in support of or opposition to the Petition have been filed, and the time for
doing so ha s expired.
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

ORDER NO. PSC-2024-0185-PCO-EI
DOCKET NO. 20240025-EI
PAGE 2
sufficient immediacy to entitle him to a Section 120.57, F.S., hearing, and (2) the substantial
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).
EVgo asserts that its substantial interests “include its interests [1] as a commercial
customer of DEF, its interest [2] as an electric vehicle service provider (EVSP) operating and
expanding its charging network in DEF’s service territory, and its interests [3] as a potential
participant in DEF’s EV charging programs.”
Analysis & Ruling
EVgo alleges that it is an energy customer of the Utility, and that its substantial interests
as a ratepayer will or may be affected by Duke’s request for a rate increase. Duke raised no
objection to the Petition. Accordingly, the Petition shall be granted.
EVgo forwards additional arguments in support of its request to intervene. However, the
determination in this Order that the Petition shall be granted is based solely upon the allegations
that EVgo is a Duke ratepayer. Intervention is not being granted based upon the allegations that
EVgo may expand its charging network and is a “potential participant” in Duke’s EV charging
programs. These claims do not meet the second prong of Agrico, as they are based on speculation
regarding possible future actions. Additionally, these arguments raised issues that are beyond the
scope of a base rate proceeding.1 The impact of EV charger programs on base rates and Duke
ratepayers may or may not present appropriate issues for consideration in this docket. If
necessary, this determination will be made by the Prehearing Officer in the Prehearing Order.
Based on the above representations, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the
Petition to Intervene filed by EVgo Services, LLC, is hereby granted as set forth in the body of
this Order. It is further
ORDERED that EVgo Services, LLC, takes the case as it finds it. It is further
1 Order No. PSC-2021-01510PCO-EI, issued April 22, 2021, in Docket No. 20210016-EI, In re: Petition for limited
proceeding to approve 2021 settlement agreement, including general based rate increases, by Duke Energy Florida,
LLC. (“broad economic competition-based arguments for standing also do not satisfy the second prong of the Agrico
test, because the injury . . . is not of a type or nature that this proceeding is designed to protect”).

PSC-2024-0185-PCO-EI
4th
June 2024
ORDER NO.
DOCKET NO. 20240025-EI
PAGE3
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:
of
Nikhil Vijaykar
Keyes & Fox, LLP
580 California Street, 12 th Floor
San Francisco, California 94104
(408) 621-3256
nvijavkar@keyesfox.com
Lindsey Stegall
Senior Manager, Market Development & Public Policy
EVgo Services, LLC
11835 West Olympic Blvd., Suite 900E
Los Angeles, California 90064
(303) 941-1729
Lindsey.stega1@evgo.com
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
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SPS
Gabriella Passidomo
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.

ORDER NO. PSC-2024-0185-PCO-EI
DOCKET NO. 20240025-EI
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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.