Florida Public Service Commission native order document 02273-2024

FILED 4/23/2024
DOCUMENT NO. 02273-2024
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-2024-0124-PCO-EI
a reement, by Tam a Electric Com any. 	ISSUED: April 23, 2024~---~~---------~--~
ORDER GRANTING INTERVENTION
OF FLORIDA RETAIL FEDERATION
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
Florida Retail Federation ("FRF") filed a Motion to Intervene on April 3, 2024. Petitioner
represents that it consulted with the parties and neither TECO nor the Office of Public Counsel
object to its intervention.
FRF states it is an association of more than 8,000 members in Florida, many of whom are
retail electric customers of TECO. FRF alleges that a substantial number of its members will be
substantially affected by rates set in this proceeding. FRF maintains that it exists to represent its
members' 	interests in 	a number of venues, 	including 	before 	the 	Florida Public 	Service
Commission ("Commission") to address general rate cases. FRF asserts that its participation in
this matter is appropriate to ensure the retail rates charged to its affected members are fair, ju st,
reasonable, and the lowest possible, to the extent consistent with governing law. Finally, FRF
notes that it was permitted to intervene and litigate in other cases where TECO sought rate
changes. 1
1 In re: Petition for rate increase by Tampa Ele c. Co. , Docket No. 20210034-EI, Order No.PSC-2021-0195-PCO-EI
(Fl a. PSC June 3, 2021 ); In re: Petition for rate increase by Tampa Ele c. Co., Docket No. 20130040-EI, Order No.
PSC-13-0162-PCO-EI (Fla. PSC Apr. 19, 2013); In re: Petition for rate increase by Tampa Elec. Co. , Docket No.
20080317-EI, Order No. PSC-08-0599-PCO-EI (Fla. PSC Sept. 16 , 2008).

ORDER NO. PSC-2024-0124-PCO-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 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 Security2 and Farmworker Rights Organization, Inc. v.
Department of Health and Rehabilitative Services,3 which is based on the basic standing
principles 	established 	in 	Agrico 	Chemical 	Company 	v. 	Department 	of 	Environmental
Regulation.4 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.5
Analysis & Ruling
Based on a review of the materials provided by FRF, it appears that FRF meets the three-
prong associational standing test established in Florida Home Builders. With respect to the first
prong, FRF demonstrates that a substantial number of its members will be substantially affected
by the Commission’s determination in this rate proceeding. Its 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 FRF’s general scope of interest and activity. FRF
asserts that it exists to represent its members’ interests in a number of venues, including before
the Commission to address general rate cases. With respect to the third prong, the relief being
requested by FRF appears to be of a type appropriate for this association to obtain on behalf of
2 Fla. Home Builders Ass’n v. Dep’t of Labor & Emp’t Sec., 412 So.2d 351 (Fla. 1982).
3 Farmworker Rights Org., Inc. v. Dep’t of Health & Rehab. Servs., 417 So.2d 753 (Fla. 1st DCA 1982).
4 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).
5 Fla. Home Builders Ass’n, 412 So.2d at 353–54; Farmworker Rights Org., Inc., 417 So.2d at 754.

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its members. FRF seeks to intervene in this docket to represent the interests of its members that
the retail rates charged are fair, just, reasonable, and the lowest possible, to the extent consistent
with governing law. Therefore, FRF 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 Motion to
Intervene by Florida Retail Federation is hereby granted as set forth in the body of this Order. It
is further
ORDERED that Florida Retail Federation 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@gbwlegal.com
John T. LaVia III, Esq.
jlavia@gbwlegal.com
Gardner, Bist, Bowden, Dee, LaVia, Wright, Perry & Harper, P.A.
1300 Thomaswood Drive
Tallahassee, Florida 32308
Telephone (850) 385–0070
Facsimile (850) 385–5416

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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

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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.