Florida Public Service Commission native order document 04120-2026

FILED 7/10/2026
DOCUMENT NO. 04120-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Application for rate increase by Florida
City Gas.
DOCKET NO. 20260026-GU
ORDER NO. PSC-2026-0245-PCO-GU
ISSUED: July 	10, 2026
ORDER GRANTING INTERVENTION FOR
THE FEDERAL EXECUTIVE AGENCIES
Florida City Gas (FCG) 	filed 	its minimum 	filing requirements on April 	20, 2026, based
on 	a 	projected 	test 	year 	ending December 	31, 	2027, 	seeking 	approval 	to 	increase 	rates and
charges. Discovery guidelines, hearing procedures, and controlling dates were established by the
Order Establishing Procedure. 1This docket 	is currently scheduled for hearing 	for September 28
through October 2, 2026.
Petition for Intervention
On June 	12, 2026, 	the Federal Executive Agencies (FEA) 	filed a petition to intervene in
this 	proceeding. FEA 	represents 	that 	it 	consists 	of 	certain 	agencies 	of 	the 	United 	States
Government which have 	offices, 	facilities, 	and/or 	installations 	in FCG’s 	service 	area, and 	that
those agencies purchase natural gas 	service from FCG. FEA 	states 	that 	its utility costs represent
one of its largest operating expenses. Therefore, FEA argues 	that 	its 	interests will be directly and
substantially impacted by the Commission’s actions in this proceeding.
FEA represents 	that 	it conferred with the parties 	to 	this docket and no party has objected,
and the Office of Public Counsel has taken no position. No opposition to the petition to intervene
has been filed and the time for doing so 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.
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
1Order No. PSC-2026-0153-PCO-GU, issued May 15, 2026, in Docket No. 20260026-GU, In 	re: Application for
rate increase by Florida City Gas.

ORDER NO. PSC-2026-0245-PCO-GU
DOCKET NO. 20260026-GU
PAGE 2
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). 2 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
“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 Env’t Prot., 948 So. 2d 794, 796 (Fla. 1st DCA 2006). Taken as true,
FEA’s allegations are sufficient to support all elements of associational standing under Florida
Home Builders. Therefore, FEA’s petition to intervene shall be granted, subject to proof of
standing or stipulations that there are sufficient facts to support all elements for standing. As an
intervenor, FEA 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 Federal
Executive Agencies is hereby granted provisional intervention subject to proof of standing at
hearing as set forth in the body of this Order. It is further
ORDERED that the 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:
Thomas A. Jernigan 	Leslie R. Newton, Maj, USAF
139 Barnes Drive, Suite 1 	139 Barnes Drive, Suite 1
Tyndall Air Force Base, Florida 32403 	Tyndall Air Force Base, Florida 32403
(850) 283-6663 	(850) 283-6347
Thomas.jernigan.3@us.af.mil 	leslie.newton.1@us.af.mil
2 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-2026-0245-PCO-GU
DOCKET NO. 20260026-GU
PAGE 3
Matthew R. Vondrasek, Capt, USAF 	Ebony M. Payton
139 Barnes Drive, Suite 1 	139 Barnes Drive, Suite 1
Tyndall Air Force Base, Florida 32403 	Tyndall Air Force Base, Florida 32403
(575) 410-8490 	(850) 283-6236
Matthew.vondrasek.1@us.af.mil 	ebony.payton.crt@us.af.mil
James E. Ely, MSgt, USAF
139 Barnes Drive, Suite 1
Tyndall Air Force Base, Florida 32403
(850) 283-6175
James.ely@us.af.mil
ULFSC.tyndall@us.af.mil
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 10th day of July,
2026.
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.
MRT

ORDER NO. PSC-2026-0245-PCO-GU
DOCKET NO. 20260026-GU
PAGE 4
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.