Florida Public Service Commission native order document 02333-2023

FILED 3/21/2023
DOCUMENT NO. 02333-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery 	DOCKET NO. 20230001-EI
clause with generating performance incentive 	ORDER NO. PSC-2023-0106-PCO-EI
factor. 	ISSUED: March 21, 2023
ORDER GRANTING INTERVENTION TO
SOUTHERN ALLIANCE FOR CLEAN ENERGY
As part of the Florida Public Service Commission' s continuing fuel and purchased power
cost recovery clause and generating performance incentive factor proceedings, a hearing has been
set in this docket for November 1-3 , 2023.
Petition for Intervention
On January 12 , 2023, the Southern Alliance For Clean Energy (SACE) filed its Petition to
Intervene (Petition). SACE is a non-profit clean energy corporation organized under the laws of
Tennessee and authorized to conduct operations in the State of Florida. The purpose of SACE is
to 	advocate 	for 	energy 	plans, 	policies, 	systems, 	and 	cost 	recovery 	that 	best 	serve 	the
environmental, public health, and economic interests of communities in the Southeast, including
Florida. SACE represents that it has staff working in Florida to advance energy choices consistent
with its purpose that will serve the economic, environmental, and public he alth interests of all
Floridians, including SACE members. SACE further represe nt s that at least 430 of its members,
who are ratepayers and dedicated to advancing SACE' s purpose and mission, reside in Florida
Power & Light Company 's (FPL), Duke Energy Florida, LLC 's (DEF), and Tampa Electric
Company' s (TECO) service territories, and that these members constitute a substantial number of
SACE's membership. SACE further asserts that it has petitioned to intervene and been granted
party status in numerous dockets before the Commission, most recently Docket No. 20220051-EI,
In re: Review of Storm Protection Plan, pursuant to Rule 25-6.030, Florida Administrative Code
(F.A. CJ, Florida Power and Light Company.
SACE asserts that the Commission's actions will affect the rates that SACE members who
are customers of FPL, DEF, and TECO will pay in 2023 and 2024. SACE submits it is uniquely
positioned to represent the interests of its members with the full rights of a party, to scrutinize the
utilities' requests in this docket to ensure that economic and policy outcomes best serve the
interests of its members.

ORDER NO. PSC-2023-0106-PCO-EI
DOCKET NO. 20230001-EI
PAGE 2
Pursuant to Rule 28-106.204, Florida Administrative Code (F.A.C.), SACE has conferred
with counsel for FPL, DEF, and TECO. SACE has also conferred with the Office of Public Counsel
(OPC), Florida Industrial Power Users Group (FIPUG), the Florida Retail Federation (FRF), and
White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate (PCS Phosphate), who are all
parties in this proceeding. SACE represents that OPC, FRF, PCS Phosphate and FIPUG have no
objection to SACE’s intervention in this docket. DEF, TECO, and FPL take no position.
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.
To have standing, 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). 1 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.
1 Under Agrico, 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 aspect of the test deals with the degree of injury. The second deals with the nature of
the injury. 406 So. 2d 478 at 482. 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).

ORDER NO. PSC-2023-0106-PCO-EI
DOCKET NO. 20230001-EI
PAGE 3
Analysis and Ruling
Based on its representations, SACE has met the associational standing requirements of
Florida Home Builders as stated above. As to the first prong, SACE asserts that a substantial
number of its Florida members reside in FPL’s, DEF’s, and TECO’s service territories, and that
the substantial interests of those members will be affected by the Commission’s actions in this
proceeding. As to the second prong, SACE, consistent with its bylaws, has represented its
members’ economic interests before the Commission on energy plans and policies, and plans to
continue to do so in this docket. Therefore, the Commission’s consideration of the proposed FPL,
DEF, and TECO fuel cost recovery factors in this docket are well within the general scope of
SACE’s stated purpose in its bylaws. As to the third prong, the type of relief requested, intervention
in this case with the full rights of a party, is appropriate as it will provide SACE an opportunity to
closely examine the reasonableness and prudence of fuel and purchased power costs, generation
performance incentive factors, the ultimate fuel factors, and any other requested cost recovery, and
advocate on behalf of its members. For these reasons, SACE’s petition to intervene is granted. As
an intervenor, SACE takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Mike La Rosa, as Prehearing Officer, that the Motion to
Intervene filed by Southern Alliance for Clean Energy is hereby granted as set forth in the body of
this Order. It is further
ORDERED that Southern Alliance for Clean Energy 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:
George Cavros
Southern Alliance for Clean Energy
120 E. Oakland Park Blvd., Suite 105
Fort Lauderdale, FL. 33334
(954) 295-5714
george@cavros-law.com

ORDER NO. PSC-2023-0106-PCO-EI
DOCKET NO. 20230001-EI
PAGE 4
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 21st day of March,
2023.
Mike La Rosa
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.
RPS
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.