Florida Public Service Commission native order document 02013-2026

FILED 4/3/2026
DOCUMENT NO. 02013-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for determination of need for
Andytown-Oasis transmission lines project in
Broward and Miami-Dade Counties, by Florida
Power & Light Company._
DOCKET NO. 20260020- EI
ORDER NO. PSC-2026-0083-PCO-EI
ISSUED: April 	3, 2026
ORDER PROVISIONALLY GRANTING
ENVIRONMENTAL DEFENSE FUND’S
MOTION TO INTERVENE
On February 	9, 2026, pursuant to Section 403.537, Florida 	Statutes 	(F.S.), and Rule 25-
22.075, Florida Administrative Code 	(F.A.C.), 	Florida Power & Light Company (FPL) 	filed a
Notice of Intent 	to 	File 	Petition for Transmission Lines Need Determination. FPL subsequently
filed 	its 	Petition 	to 	Determine Need 	for 	Electrical 	Transmission 	Lines on March 	11, 	2026.
Pursuant 	to Order No. PSC-2026-0056-PCO-EI, an 	evidentiary hearing on FPL’s 	petition was
scheduled for April 23, 2026.
Motion to Intervene
On March 24, 2026, the Environmental Defense Fund (EDF) filed a Motion to Intervene. 1
According 	to 	its Motion, EDF 	is a 	not-for-profit 	corporation 	incorporated 	in 	the 	State of New
York and 	is 	registered 	to do 	business 	in 	Florida. EDF 	alleges 	that 	it has 	16,769 members 	in
Florida, many of whom receive 	retail 	electric service from FPL. As such, EDF contends 	that the
substantial 	interests of those members who are FPL 	retail customers will be 	directly affected by
the Florida Public 	Service Commission’s (Commission) decisions 	in 	this proceeding. EDF 	also
asserts 	that, 	consistent 	with 	its 	organizational 	mission, 	it 	actively 	participates 	in 	regulatory
proceedings 	to advance a clean, 	reliable, affordable, and resilient energy supply system, as well
as 	supports 	comprehensive 	grid 	modernization, 	robust 	grid 	planning 	for 	extreme 	weather
resilience, and protecting ratepayers from the stranded asset costs associated with expansion of
unnecessary 	natural 	gas 	infrastructure. 	Finally, EDF 	avers 	that 	the 	across-the-board 	relief 	it
seeks — ensuring the Andytown-Oasis Transmission Lines Project 	is needed for system reliability
and that the project will provide abundant, low-cost 	electrical energy for Floridians —will apply
to 	all of EDF’ s members in the same way, and 	is thus appropriate for an association to obtain on
behalf of its members.
Pursuant to Rule 28-106.205, F.A.C., “parties may, within 7 days of service of the motion
[to 	intervene], 	file a response 	in 	opposition.” EDF represents 	that 	it conferred with 	the 	parties
regarding 	its Motion. FPL timely filed a Response to the Motion on March 27, 2026, indicating 	it
takes no 	position: 	(1) pending EDF’s responses 	to discovery 	in 	this docket; and 	(2) 	subject 	to
EDF’s proof of standing or stipulations in 	this docket that are sufficient to support 	all elements of
1Document No. 01737-2026, filed on March 24, 2026.

ORDER NO. PSC-2026-0083-PCO-EI
DOCKET NO. 20260020-EI
PAGE 2
standing.2 The Office of Public Counsel took no position on EDF’s Motion and the time to file a
response in opposition has 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 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.
For an association like EDF to have standing to intervene in an administrative proceeding
on behalf of its members, the intervenor must meet the three-prong standing test set forth in
Florida Home Builders Association v. Department of Labor and Employment Security, 412 So.
2d 351, 353–54 (Fla. 1982), and Farmworker Rights Organization, Inc. v. Department of Health
and Rehabilitative Services, 417 So. 2d 753, 754 (Fla. 1st DCA 1982), which is based on the
basic 	standing 	principles 	established 	in 	Agrico 	Chemical 	Company 	v. 	Department 	of
Environmental Regulation, 406 So. 2d 478, 481–82 (Fla. 2d DCA 1981). 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. Fla. Home Builders, 412 So. 2d at 353–54; Farmworker Rights Org., 417
So. 2d at 754.
Analysis and Ruling
“In determining whether a party has standing to seek a formal administrative hearing, the
allegations contained in the party’s petition must be taken as true.” Mid-Chattahoochee River
Users v. Fla. Dep’t of Envtl. Prot., 948 So. 2d 794, 796 (Fla. 1st DCA 2006). Taken as true,
EDF’s allegations appear sufficient to support all elements of associational standing under
Florida Home Builders. Therefore, EDF’s Motion to Intervene shall be granted, subject to proof
of standing or stipulations that there are sufficient facts to support all elements for standing. See
Delgado v. Agency for Health Care Admin., 237 So. 3d 432, 437 (Fla. 1st DCA 2018)
2 Document No. 01815-2026, filed on March 27, 2026.
3 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, F.S., hearing, and (2) the 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. Agrico, 406 So. 2d 478 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).

ORDER NO. PSC-2026-0083-PCO-EI
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(recognizing that proper pretrial stipulations to the facts supporting all elements of standing are
binding upon the parties and the court).
Based on the above representations, it is
ORDERED by Commissioner Bobby Payne, as Prehearing Officer, that the Motion to
Intervene filed by Environmental Defense Fund is hereby provisionally granted as set forth in the
body of this Order. It is further
ORDERED that Environmental Defense Fund takes the 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:
Robert Scheffel Wright, Esq.
schef@gbkwlaw.com
John T. LaVia, III, Esq.
jlavia@gbkwlaw.com
Gardner Bist King & Wood
1300 Thomaswood Drive
Tallahassee, Florida 32308
Telephone: (850) 385-0070
By ORDER of Commissioner Bobby Payne, as Prehearing Officer, this 3rd day of April,
2026.
BOBBY PAYNE
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.
CMM
A £

ORDER NO. PSC-2026-0083-PCO-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. 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.