Florida Public Service Commission native order document 01956-2024

FILED 4/17/2024
DOCUMENT NO. 01956-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for limited proceeding for
recovery of incremental storm restoration costs
related to Hurricanes Elsa, Eta, Isaias, Ian,
Nicole, and Tropical Storm Fred, by Duke
Ener y Florida, LLC.
DOCKET NO. 20230020-EI
ORDER NO. PSC-2024-0098-PCO-EI
ISSUED: April 17, 2024
ORDER GRANTING WHITE SPRINGS AGRICULTURAL CHEMICALS, INC.
D/B/A PCS PHOSPHATE-WHITE SPRINGS' PETITION TO INTERVENE
On January 23, 2023 , Duke Energy Florid a, LLC (DEF) filed a petition for a limited
proceeding for recovery of incremental storm restoration costs related to Hurricanes Elsa, Eta,
Isaias, Ian, Nicole and Tropical Storm Fred. 	By vote at its March 7, 2023 Agenda Conference
the Commission approved DEF's request to implement an interim storm restoration recovery
charge to recover $442.1 million in incremental storm restoration costs subject to a final true-up
at a later da te. This docket has been set for hearing on May 21-22, 2024.1
Petition for Intervention
By petition dated March 27, 2024, White Springs Agricultural Chemicals, Inc. d/b/a PCS
Phosphate 	- White 	Springs 	(PCS 	Phosphate) 	requested 	permission 	to 	intervene 	in 	this
proceeding. 	PCS Phosphate is a manufacturer of fertilizer products with plants and operations
located within the DEF electric service territory. 	PCS receives electric service under various
DEF rate schedules. PCS represents that it has conferred with couns el for DEF, Office of Public
Counsel (OPC) and Walmart regarding its request for intervention. 	OPC supports 	PCS
Phosphate's intervention. 	DEF and Walmart take no position regarding PCS Phosphate's
intervention. No written objections have been filed as of this date and the time for doing so has
expired.
Sta nd ard 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 he aring, 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.
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
1 Order No. PSC-2023-0333-PCO-EI, issued November 2, 2023, in Docket No. 20230020-EI, In r e: Petition f or
limited proceeding f or recovery of incremental sto rm restoration costs related to Hurrican es Elsa, Eta, Isaias, Ian,
Nicole, and Tropical Sto rm Fred, by Duke Energy Florida, LL C.

ORDER NO. PSC-2024-0098-PCO-EI
DOCKET NO. 20230020-EI
PAGE 2
(Fla. 2d DCA 1981). The intervenor must show that (1) he will suffer injury in fact which is of
sufficient immediacy to entitle him 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 prong of the
test addresses the degree of injury. The second addresses 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. 3rd 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).
Analysis & Ruling
It appears that PCS Phosphate has met the two-prong standing test in Agrico. 	PCS
Phosphate is a commercial customer of DEF and, thus, will be substantially affected by the rates
that will be set in this proceeding. Therefore, PCS Phosphate has demonstrated that it meets the
two-prong standing test of Agrico, and accordingly, PCS Phosphate’s petition for intervention
shall be granted as set forth herein. Pursuant to Rule 28-106.205, F.A.C., PCS Phosphate takes
the case as it finds it.
Based on the foregoing, it is
ORDERED by Art Graham, as Prehearing Officer, that the Petition to Intervene filed by
White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate –White Springs, is hereby
granted as set forth in the body of this Order. It is further
ORDERED that White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate –White
Springs, takes this 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:
James W. Brew
Laura Wynn Baker
Sarah B. Newman
Stone Mattheis Xenopoulos & Brew, PC
1025 Thomas Jefferson Street, NW
Suite 800 West
Washington, DC 20007-5201
Phone: (202) 342-0800
FAX: (202) 342-0807
jbrew@smxblaw.com
lwb@smxblaw.com
sbn@smxblaw.com

ORDER NO. PSC-2024-0098-PCO-EI
DOCKET NO. 20230020-EI
PAGE 3
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 17th 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.
SBr
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.