Florida Public Service Commission native order document 02270-2024

FILED 4/23/2024
DOCUMENT NO. 02270-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Tampa
Electric Company.
In re: Petition for approval of 2023
depreciation and dismantlement study, by
Tampa Electric Company.
In re: Petition to implement 2024 generation
base rate adjustment provisions in paragraph 4
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
of the 2021 stipulation and settlement 	ORDER NO. PSC-2024-0121-PCO-EI
a reement, by Tam a Electric Com any. 	ISSUED: April 23, 2024~---~~---------~--~
ORDER GRANTING INTERVENTION OF
FEDERAL EXECUTIVE AGENCIES
On April 2, 2024, Tampa Electric Company ("TECO") filed a petition, minimum filing
requirements, and testimony for an increase in base rates effective January 2025.
Petition for Intervention
Federal Executive Agencies ("FEA") filed a Petition to Intervene on March 20, 2024.
Petitioner represents that it consulted with the parties and neither TECO nor the Office of Public
Counsel object to its intervention.
FEA states it is comprised of certain federal agencies which have offices, facilities,
and/or insta ll ations in TECO 's service area. FEA alleges that its members will be significantly
affected by rates se t in this proceeding because utility costs represent one of the largest variable
expenses of operating federal offices, facilities, and installations. FEA indicates that the United
States Department of Defense was delegated authority by the General Services Administration to
represent the consumer interests of FEA in this rate proceeding. 1 FEA expresses an interest in
ensuring federal tax dollars are spent in a fair, just, and reasonable manner. 2 FEA asserts that its
participation in this matter is appropriate and will allow it to advocate for reliable service and
fair, just, and reasonable rates on behalf of its members.
1 "For ... public utility services used by executive agencies, the Administrator of General Services shall represent
the agencies ... in proceedings involving ... public utilities before ... state regulatory bodies." 40 U.S.C. §
50l(c)(l)(B). The U.S. General Services Administrator may delegate the responsibility to represent the consumer
interests ofFEA in utility proceedings. See id. § 121 ( d); id. § 50 I( c)( l )(A)- (B).
2 "The Administrator of General Services shall take action under this subchapter for an executive agency to the
extent ... detem1ine[d] that the action is advantageous to the Federal Government in terms of economy, efficiency,
or service." 40 U .S.C. § 50 I (a)( I )(A) (2023) ( emphasis added).

ORDER NO. PSC-2024-0121-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
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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, 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.
The test for associational standing was established in Florida Home Builders Association
v. Department of Labor and Employment Security3 and Farmworker Rights Organization, Inc. v.
Department of Health and Rehabilitative Services,4 which is based on the basic standing
principles 	established 	in 	Agrico 	Chemical 	Company 	v. 	Department 	of 	Environmental
Regulation.5 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.6
Analysis & Ruling
Based on a review of the materials provided by FEA, it appears that FEA meets the three-
prong associational standing test established in Florida Home Builders. With respect to the first
prong, FEA demonstrates that a substantial number of its members will be substantially affected
by the Commission’s determination in this rate proceeding. Some of its member agencies are
located in TECO’s service area, receive electric service from TECO, and are charged TECO’s
applicable service rates. These members face the prospect of paying higher electricity base rates
going forward. With respect to the second prong, the subject matter of this proceeding appears to
be within FEA’s general scope of interest and activity. One purpose of FEA is to advance the
3 Fla. Home Builders Ass’n v. Dep’t of Labor & Emp’t Sec., 412 So.2d 351 (Fla. 1982).
4 Farmworker Rights Org., Inc. v. Dep’t of Health & Rehab. Servs., 417 So.2d 753 (Fla. 1st DCA 1982).
5 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).
6 Fla. Home Builders Ass’n, 412 So.2d at 353–54; Farmworker Rights Org., Inc., 417 So.2d at 754.

ORDER NO. PSC-2024-0121-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
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economic and efficiency interests of federal executive agencies. Here it seeks to do so by
ensuring federal tax dollars spent by federal offices, facilities, and installations are spent on fair,
just, and reasonable electricity rates. With respect to the third prong, the relief being requested by
FEA appears to be of a type appropriate for this association to obtain on behalf of its members.
FEA seeks to intervene in this docket to represent the interests of its members in seeking fair,
just, and reasonable rates. Therefore, FEA meets the requirements for associational standing and
will be permitted to intervene as a party in this proceeding.
Based on the foregoing, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that the Petition to
Intervene by Federal Executive Agencies is hereby granted as set forth in the body of this Order.
It is further
ORDERED that Federal Executive Agencies 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:
Leslie R. Newton, Maj., USAF
AFLONJAOE-ULFSC
139 Barnes Drive, Suite 1
Tyndall Air Force Base, Florida 32403
(850) 283-6347
Leslie.Newton.l@us.af.mil
Ashley N. George, Capt., USAF
AFLONJAOE-ULFSC
139 Barnes Drive, Suite 1
Tyndall Air Force Base, Florida 32403
(850) 283-6289
Ashley.George.4@us.af.mil
Thomas A. Jernigan
AFCEC/JA-ULFSC
139 Barnes Drive, Suite 1
Tyndall Air Force Base, Florida 32403
(850) 283-6663
Thomas.Jernigan.3@us.af.mil
Ebony M. Payton
AFCEC/CN-ULFSC
139 Barnes Drive, Suite 1
Tyndall Air Force Base, Florida 32403
(850) 283-6236
Ebony.Payton.ctr@us.af.mil

ORDER NO. PSC-2024-0121-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-EI
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By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 23rd day of
April, 2024.
GARY F. CLARK
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

ORDER NO. PSC-2024-0121-PCO-EI
DOCKET NO. 20240026-EI
DOCKET NO. 20230139-EI
DOCKET NO. 20230090-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.