Florida Public Service Commission native order document 09138-2024

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FILED 9/20/2024
DOCUMENT NO. 09138-2024
FPSC - COMMISSION CLERK

BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION

DOCKET NO. 20240016-EG
ORDER NO. PSC-2024-0432-FOF-EG
ISSUED: September 20, 2024

In re: Commission review of numeric
conservation goals (JEA).

The following Commissioners participated in the disposition of this matter:

MIKE LA ROSA, Chairman
ART GRAHAM
GARY F. CLARK
ANDREW GILES FAY
GABRIELLA PASSIDOMO

FINAL ORDER APPROVING NUMERIC CONSERVATION GOALS
FOR JEA

APPEARANCES:

GARY V. PERKO, MOHAMMAD O. JAZIL and VALERIE L. CHARTIER-
HOGANCAMP, ESQUIRES, Holtzman, Vogel, Baran, Torchinsky & Josefiak,
PLLC, 119 South Monroe Street, Suite 500, Tallahassee, Florida 32301

On behalf of JEA (JEA).

SEAN T. GARNER, ERIK SAYLER and KELLY WRIGHT, ESQUIRES,
Florida Department of Agriculture & Consumer Service, Office of General
Counsel, The Mayo Building, 407 S. Calhoun Street, Suite 520, Tallahassee,
Florida 32399-0800

On behalf of Florida Department of Agriculture & Consumer Services (FDACS).

BRADLEY MARSHALL and JORDAN LUEBKEMANN, ESQUIRES,
Earthjustice, 111 S$. Martin Luther King Jr. Blvd., Tallahassee, Florida 32301
On behalf of Florida Rising, Inc. (FL Rising).

WILLIAM C. GARNER, ESQUIRE, Law Office of William C. Garner, PLLC,
3425 Bannerman Road, Unit 105, No. 414, Tallahassee, Florida 32312
On behalf of Southern Alliance for Clean Energy (SACE).

STEPHANIE U. EATON, ESQUIRE, Spilman, Thomas & Battle, PLLC, 110
Oakwood Drive, Suite 500, Winston-Salem, North Carolina 27103

ORDER NO. PSC-2024-0432-FOF-EG
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STEVEN W. LEE, ESQUIRE, Qualified Representative, Spilman, Thomas &
Battle, PLLC, 1100 Bent Creek Blvd., Suite 101, Mechanicsburg, Pennsylvania
17050
On behalf of Walmart, Inc. (Walmart).
JACOB IMIG, JON RUBOTTOM, and ADRIA HARPER, ESQUIRES, Florida
Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida
32399-0850
On behalf of the Florida Public Service Commission (Staff).
MARY ANNE HELTON, ESQUIRE, Deputy General Counsel, Florida Public
Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-
0850
Advisor to the Florida Public Service Commission.
KEITH C. HETRICK, ESQUIRE, General Counsel, Florida Public Service
Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850
Florida Public Service Commission General Counsel.
BY THE COMMISSION:
Background
Enacted in 1980, Sections 366.80 through 366.83, and 403.519, Florida Statutes (F.S.),
are known collectively as the Florida Energy Efficiency and Conservation Act (FEECA).
FEECA requires us to adopt appropriate goals to increase the efficiency of energy consumption
and, pursuant to Section 366.82(6), F.S., we must review the goals of each utility subject to
FEECA at least every five years.
The six electric utilities subject to FEECA, collectively known as the FEECA Utilities,
are Florida Power & Light Company (FPL), Duke Energy Florida, LLC (DEF), Tampa Electric
Company (TECO), Florida Public Utilities Company (FPUC), JEA, and Orlando Utilities
Commission (OUC). Pursuant to Rule 25-17.0021, Florida Administrative Code (F.A.C.),
numeric goals were last established for the FEECA Utilities by Order No. PSC-19-0509-FOF-
EU, issued November 26, 2019. Therefore, new goals must be established by January 2025.
By Order No. PSC-2024-0022-PCO-EG, issued February 28, 2024, the dockets for each
of the FEECA Utilities were consolidated for purposes of hearing and controlling dates and a
tentative list of issues were established.
We acknowledged the intervention of the Office of Public Counsel (OPC) on February
28, 2024.1 We acknowledged the intervention of the Florida Department of Agriculture and
1 Order No. PSC-2024-0051-PCO-EG.

ORDER NO. PSC-2024-0432-FOF-EG
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Consumer Services (FDACS) on April 24, 2024.2 Florida Rising, Inc. (Florida Rising) were
granted leave to intervene on April 25, 2024.3 The Southern Alliance for Clean Energy (SACE)4
and Walmart Inc. (Walmart)5 were granted leave to intervene on April 30, 2024. OPC withdrew
from the proceeding on May 22, 2024.6
Pursuant to Notice and in accordance with Rule 28-106.209, F.A.C., a hearing was held
on August 8, 2024, in Tallahassee, Florida, before the above commissioners.
Decision
Legal Background
FEECA directs us to promote four key priorities: (1) reducing and controlling the growth
rates of weather-sensitive peak demand and electricity usage, (2) increasing the efficiency and
cost-effectiveness 	of 	the 	production 	and 	consumption 	of 	electricity 	and 	natural 	gas, 	(3)
encouraging demand-side renewable energy systems, and (4) conserving expensive resources,
particularly petroleum fuel.7 The Legislature emphasized that it is critical to utilize “efficient and
cost-effective” conservation systems.8 Section 366.82, F.S., bifurcates our responsibility under
FEECA into two separately docketed proceedings. First, in the goalsetting dockets, we must
establish appropriate goals for increasing the efficiency of energy consumption and increasing
the development of demand-side renewable energy systems. Following the adoption of goals, in
the plan approval dockets, each FEECA Utility must file plans and programs to meet the goals
within its service area. The present docket was opened to address the first, goalsetting portion of
our FEECA proceedings for JEA.
FEECA requires that we establish goals designed to increase the conservation of
expensive resources, such as petroleum fuels; reduce and control the growth rates of electric
consumption; reduce the growth rates of weather-sensitive peak demand; and encourage
development of demand-side renewable energy resources.9 Section 366.82(3), F.S., prescribes
the following criteria for our evaluation of the conservation goals:
In developing the goals, the commission shall evaluate the full technical potential
of 	all 	available 	demand-side 	and 	supply-side 	conservation 	and 	efficiency
measures, including demand-side renewable energy systems. In establishing the
goals, the commission shall take into consideration:
(a) 	The costs and benefits to customers participating in the measure.
2 Order No. PSC-2024-0128-PCO-EG.
3 Order No. PSC-2024-0135-PCO-EG.
4 Order No. PSC-2024-0139-PCO-EG.
5 Order No. PSC-2024-0194-PCO-EG.
6 DN 00854-2024.
7 See Sections 366.81-366.82, F.S.
8 Section 366.81, F.S.
9 Section 366.82(2), F.S.

ORDER NO. PSC-2024-0432-FOF-EG
DOCKET NO. 20240016-EG
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(b) 	The costs and benefits to the general body of ratepayers as a whole,
including utility incentives and participant contributions.
(c) 	The need for incentives to promote both customer-owned and utility-owned
energy efficiency and demand-side renewable energy systems.
(d) 	The costs imposed by state and federal regulations on the emission of
greenhouse gases.
The Commission implements FEECA for electric utilities through Rule 25-17.0021,
F.A.C. Pursuant to that rule, for each FEECA Utility, we establish annual kilowatt (KW) and
kilowatt-hour (KWh) goals for Residential and Commercial/Industrial customer classes.10 The
goals are based on (1) an assessment of the technical potential of available conservation and
efficiency measures, and (2) an estimate of the total cost-effective KW and KWh savings
reasonably achievable through demand-side management (DSM) programs in each utility’s
service area over a ten-year period.11 The goals we establish are annual targets for conservation,
with KW goals relating to seasonal—summer and winter—demand savings, and annual KWh
goals relating to annual energy savings.
Following the last goalsetting proceedings in 2019, after receiving feedback from the
utilities, intervenors, and interested persons, we amended Rule 25-17.0021, F.A.C., to streamline
our FEECA process by requiring utilities to file potential conservation programs along with their
proposed goals. This allows us to analyze the utilities’ proposed goals based upon energy (KWh)
and demand (KW) savings from customer participation in potential programs they plan to
implement, thus giving us better information as to the appropriateness of the goals. Thus,
although utility conservation plans and the underlying programs and measures to implement
those plans are not approved at this time, each utility must include sufficient information related
to the cost-effectiveness of its potential DSM programs to support the appropriateness of its
proposed goals.12
Analysis
Pursuant to Section 366.82, F.A.C., we must evaluate whether the goals requested by
JEA are appropriate. Pursuant to the Prehearing Order, Order No. PSC-2024-0293-PHO-EG,
issued August 2, 2024, a final list of issues was established for the consolidated hearing. Issues
1-7 address whether each utility, in developing its proposed goals, adequately addressed the
considerations prescribed by statute and Commission rule. Issue 8 addresses, for the purpose of
establishing goals for rate-regulated utilities, whether we should consider changing credit levels
for demand response programs in the FEECA goalsetting proceedings or in their base rate
proceedings. Because JEA is a municipal utility, Issue 8 was moot for JEA. Issues 9-11 were
specific only to FPL’s docket and thus not at issue for JEA. Issues 12 and 13 are the ultimate
issues addressing, in light of the preceding issues, what conservation goals we should establish
for JEA as required by Section 366.82, F.S.
10 Rule 25-17.0021(1), F.A.C.
11 Id.
12 Section 366.82(7), F.S., addresses how we must evaluate and approve the utilities’ plans to implement the
Commission-established goals during the subsequent plan approval proceeding.

ORDER NO. PSC-2024-0432-FOF-EG
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Following a robust discovery process, we were presented with a series of proposed Type
II stipulations,13 set forth below in Attachment A, that fully resolved all issues in this docket.
JEA Florida Rising, and SACE Walmart supported the stipulations. Walmart signed onto
paragraphs 1-3 and Issues 1-6 and 12 of Paragraph 6 of the stipulations, and took no position on
Paragraphs 4 and 5 of the stipulations. FDACS took no position on all issues. Commission staff
recommended approval of the proposed stipulations. We approved the proposed stipulations by a
bench vote at the August 8, 2024, hearing.
We find that each of the stipulations are supported by evidence in the record. We also
find that the testimony and exhibits in the record adequately address the statutory considerations
required by Section 366.82(3), F.S., and demonstrate that the goals stipulated for Issues 12 and
13, as set forth in Attachment A, will increase the conservation of expensive resources, such as
petroleum fuels; reduce and control the growth rates of electric consumption; reduce the growth
rates of weather-sensitive peak demand; and encourage development of demand-side renewable
energy resources. In particular, we found the testimony and exhibits of JEA witnesses Jim
Herndon, Brian Pippin, and Bradley Kushner, as well as the discovery responses provided by
JEA, support our finding that the stipulated goals are reasonable and consistent with the
requirements of Section 366.82, F.S., and Rule 25-17.0021, F.A.C. For these reasons, we find the
stipulated goals to be appropriate.
Conclusion
The 	stipulations 	listed in 	Attachment 	A 	address 	all 	the 	requirements 	of 	FEECA
enumerated in Section 366.82, F.S., and satisfy the requirements of Rule 25-17.0021, F.A.C.
Further, the conservation goals stipulated in Issues 12 and 13 are appropriate to advance the
priorities of FEECA. Therefore, the goals stipulated in Issues 12 and 13 are adopted for JEA for
the period 2025-2034.
Based on the foregoing, it is
ORDERED that JEA shall abide by the stipulations, findings, and rulings herein. It is
further
ORDERED 	that 	JEA’s 	residential 	and 	commercial/industrial 	summer 	and 	winter
megawatt (MW) and annual gigawatt-hour (GWh) goals are adopted as set forth in Attachment
A, Paragraph 6, Issue 12. It is further
ORDERED that JEA should continue to implement the provisions of Rule 25-6.065,
F.A.C., Interconnection and Net Metering of Customer-Owned Renewable Generation, as an
appropriate means to encourage the development of demand-side renewable energy. It is further
13 A Type II stipulation is one in which the utility and Commission staff, or the utility and at least one party
adversarial to the utility, agree on the resolution of an issue, and the remaining parties (including staff if they do not
join in the agreement) do not object to the Commission relying on the agreed language to resolve that issue in a final
order.

ORDER NO . PSC-2024-04 32 -FOF-EG
DOCKET NO. 202400 16-EG
PAGE6
ORDERED that this docket sha ll be closed after the time for filing an appeal has run.
JOI
By ORDER of the Florida Public Service Commission this 20th d ay of September, 2024.
Florida Publi c Service Comm ission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 4 13-6770
www.floridapsc.com
Copies furn is hed: 	A copy of this docu ment is
provided to the parties of record at the tim e of
issuance and, if applicable, interested perso ns.

ORDER NO. PSC-2024-0432-FOF-EG
DOCKET NO. 20240016-EG
PAGE 7
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.
Any party adversely affected by the Commission's final action in this matter may request:
1) reconsideration of the decision by filing a motion for reconsideration with the Office of
Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within
fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, 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 and/or
wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a
copy of the notice of appeal and the filing fee with the appropriate court. 	This filing must be
completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida
Rules of Appellate Procedure. 	The notice of appeal must be in the form specified in Rule
9.900(a), Florida Rules of Appellate Procedure.

ORDER NO. PSC-2024-0432-FOF-EG Attachment A
DOCKET NO. 20240016-EG
PAGE 8

ORDER NO. PSC-2024-0432-FOF-EG Attachment A
DOCKET NO. 20240016-EG
PAGE 9

3. The Parties stipulate to having the following exhibits identified on Staff's
Comprehensive Exhibit List entered into the record for Docket No. 20240016-EG: 25-
27, 58-73, 88-97, 99-101, 105, 110, 112, and 123.

4. The Parties stipulate and agree that JEA’s proposed DSM Goals for the ten-year period

of 2025-2034 shall be modified as follows:

supmitted py the JA ana Floriaa Kising witnesses.
6. Subject to the modification of JEA’s proposed DSM Goals as set forth in Paragraph 4
above, the Parties stipulate to the following positions on each of the Issues set forth

in the Prehearing Order:

Issue 1: The Parties stipulate and agree that the record supports a Commission
finding that JEA’s proposed DSM Goals, as modified herein, are based
on an adequate assessment of the full technical potential of all available
demand-side and supply-side conservation and efficiency measures,
including demand-side renewable energy systems.

Tssne 2° The Parties stinulate and aoree that the record sunnorts a Commission

ORDER NO. PSC-2024-0432-FOF-EG Attachment A
DOCKET NO. 20240016-EG
PAGE 10

ORDER NO. PSC-2024-0432-FOF-EG Attachment A
DOCKET NO. 20240016-EG
PAGE 11

Residential Commercial/Indus trial Total
Summer Winter Summer Winter Summer Winter
Peak Peak Peak Peak Peak Peak
Demand | Demand | Annual! Demand | Demand | Annual! Demand | Demand | Annual
Reduction | Reduction | Energy | Reduction | Reduction | Energy | Reduction | Reduction | Energy
Year (MW) (MW) | (MWh) | (MW) (MW) | (Wh) | (MW) (MW) | (MWh)
2025 0.68 0.88 3,788 0.44 0.37 3,346 wld, 1.25 7,134
2026 0.84 0.99 4,278 0.47 0.39 3,562 1.31 1.38 7,840
2027 1.03 1.11 4,857 0.50 0.41 3,771 1.53 1.52 8,628
2028 1.26 1.25 5,510 0.53 0.42 3,975 1.79 1.67 9,485
2029 1.50 1.38 6,193 0.56 0.44 4,169 2.06 1.82 10,362
2030 1.73 1.51 6,827 0.58 0.45 4,334 2.31 1.96 11,161
2031 1.90 1.60 7,302 0.60 0.46 4,444 2.50 2.06 11,746
2032 1.96 1.65 7,512 0.60 0.46 4,470 2.56 2.11 11,982
2033 1.89 1.63 7,403 0.59 0.46 4,403 2.48 2.09 11,806
2034 1.70 1.57 7,019 0.57 0.45 4,257 2.27 2.02 11,276

Issue 13: The Parties stipulate and agree that the record supports a Commission
finding that no additional goals should be established for demand-side
renewable energy systems.

Issue 14: The Parties stipulate and agree that approval of the stipulations set forth

and Kules 29-1 /.UUZ1 and 22-1 /.UUs, Florida Aamunistrative Vode, ana will estaplisn
DSM Goals at a reasonable and appropriate level for the period 2025 through 2034 and
should be approved.

9. The Parties stipulate and agree that the stipulations and positions set forth herein are
limited and apply only to JEA’s proposed DSM Goals in Docket No. 20240016-EG, and

4

ORDER NO. PSC-2024-0432-FOF-EG Attachment A
DOCKET NO. 20240016-EG
PAGE 12

inno way impact or limit any of the positions that Parties may take in any other current
or future proceedings before the Commission, including, but not limited to, ary other
DSM _ Goals dockets currently pending before the Commission. Further, no Party
agrees, concedes, or waives any position with respect to any of the issues identified in
the Prehearing Order.

10. The Parties stipulate and agree that these stipulations filly resolve their respective

issues in this proceeding and request that they be approved by the Commission.

In Witness Whereof, JEA, Florida Rising, and SACE evidence their acceptance and

agreement with all provisions of these stipulations by their signature.

did,

o a

Gary V. Perko

Holtzman Vogel Baran Torchinsky & Josefiak PLLC
119 8. Monroe St., Suite 500

Tallahassee, Florida 32327

Counsel jar JEA

Florida Rising

By:

Bradley Marshall/Jordan Luebkemann
Earthjustice

111 8. Martin King Luther Jr. Blvd
Tallahassee, Florida 32301

Counsel jar Florida Rising

Southern Alliance for Clean Energy, Inc.

By:

William C. Garner

Law Office of William C. Garner, PLLC

3425 Bannerman Rd., Unit 105, No. 414
Tallahassee, Florida 32301

Counsel jor Southern Alliance jor Clean Energy, Ine.

ORDER NO. PSC-2024-0432-FOF-EG Attachment A
DOCKET NO. 20240016-EG
PAGE 13

in no way impact or limit any of the positions that Parties may take in any other current
or future proceedings before the Commission, including, but not limited to, any other
DSM Goals dockets currently pending before the Commission. Further, no Party
agrees, concedes, or waives any position with respect to any of the issues identified in
the Prehearing Order.

10. The Parties stipulate and agree that these stipulations fully resolve their respective
issues in this proceeding and request that they be approved by the Commission.

In Witness Whereof, JEA, Florida Rising. and SACE evidence their acceptance and

agreement with all provisions of these stipulations by their signature.

JEA
By:
Gary V. Perko
Holtzman Vogel Baran Torchinsky & Josefiak PLLC
119.S, Monroe St., Suite 500
Tallahassee, Florida 32327
Counsel for JEA
Florida Rising
By:

Bradley Marshall/Jordan Luebkemann
Earthjustice

11S. Martin King Luther Jr, Blvd
Tallahassee, Florida 32301

Counsel for Florida Rising

Southern Alliance for Clean Energy, Inc.

ee 80
William C. Garner
Law Office of William C. Garner, PLLC
3425 Bannerman Rd., Unit 105, No. 414
Tallahassee, Florida 32301
Counsel for Southern Alliance for Clean Energy, Inc.

2

ORDER NO. PSC-2024-0432-FOF-EG Attachment A
DOCKET NO. 20240016-EG
PAGE 14