Order No. PSC-2024-0505-FOF-EG•Florida Public Service Commission native order document 10276-2024
Florida Public Service Commission native order document 10276-2024
Order No. PSC-2024-0505-FOF-EGFlapubserv
Full text
FILED 12/18/2024
DOCUMENT NO. 10276-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric DOCKET NO. 20240012-EG
conservation goals (Florida Power & Light ORDER NO. PSC-2024-0505-FOF-EG
Com an ). ISSUED: December 18 , 2024
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The following Commissioners participated in the disposition of this matter:
MIKE LA ROSA, Chairman
ARTGRAHAM
GARY F. CLARK
ANDREW GILES FAY
GABRIELLA P ASSIDOMO SMITH
FINAL ORDER APPROVING NUMERIC CONSERVATION GOALS
FOR FLORIDA POWER & LIGHT COMP ANY
APPEARANCES:
CHRISTOPHER T. WRIGHT and WILLIAM P. COX, ESQUIRES, 700
Universe Boulevard, Juno Beach, FL 33408-0420
On behalf of Florida Power & Light Company (FPL).
BRADLEY MARSHALL and JORDAN LUEBKEMANN, ESQUIRES, Earth
Justice, 111 S. Martin Luther King Jr. Blvd., Tallahassee, FL 32301
On behalf of Florida Rising, League of United Latin American Citizens, and
Environment Confederation of Southwest Florida {FEL).
SEAN T. GARNER, ERIK SAYLER, and KELLY WRIGHT , ESQUIRES,
Florida Department of Agricultural & Consumer Services, Office of General
Counsel, The Mayo Building, 470 S. Calhoun St., Suite 520, Tallahassee, FL
32399-0800
On behalf of Florida Department of Agricultural & Consumer Services (FDACS).
JON C. MOYLE, JR. and KAREN A. PUTNAL ESQUIRES, Moyle Law Firm,
P.A., 118 North Gadsden Street, Tallahassee, FL 32301
On behalf of Florida Industrial Power Users Group (FIPUG)
WILLIAM C. GARNER ESQUIRE, Law Office of William C. Gamer, PLLC
3425 Bannerman Road, Unit 105, No.414, Tallahassee, FL 32312
On behalf of Southern Alliance for Clean Energy (SACE)ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 2 STEPHANIE U. EATON, ESQUIRE, Spilman Thomas & Battle, PLLC 110 Oakwood Drive, Suite 500, Winston-Salem, NC 27103 and STEVEN W. LEE, ESQUIRE, Spilman Thomas & Battle, PLLC, 1100 Bent Creek Boulevard, Suite 101, Mechanicsburg, PA 17050. On behalf of Walmart, Inc. (WALMART) JACOB IMIG and JON RUBOTTOM, ESQUIRE, Senior Attorney, 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.
ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 3 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 Consumer Services (FDACS) on April 24, 2024.2 The Florida Industrial Power Users Group (FIPUG) 3 , the Florida League of United Latin American Citizens (LULAC)4 , and Florida Rising, Inc. (Florida Rising)5 were granted leave to intervene on April 25, 2024. The Southern Alliance for Clean Energy (SACE) 6 and Walmart Inc. (Walmart)7 were granted leave to intervene on April 30, 2024. OPC withdrew from the proceeding on May 22, 2024.8 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.9 The Legislature emphasized that it is critical to utilize “efficient and cost-effective” conservation systems.10 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 FPL. 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.11 Section 366.82(3), F.S., prescribes the following criteria for our evaluation of the conservation goals: 1 Order No. PSC-2024-0051-PCO-EG. 2 Order No. PSC-2024-0128-PCO-EG. 3 Order No. PSC-2024-0132-PCO-EG. 4 Order No. PSC-2024-0133-PCO-EG. 5 Order No. PSC-2024-0135-PCO-EG. 6 Order No. PSC-2024-0139-PCO-EG. 7 Order No. PSC-2024-0138-PCO-EG. 8 DN 00854-2024. 9 See Sections 366.81-366.82, F.S. 10 Section 366.81, F.S. 11 Section 366.82(2), F.S.
ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 4 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. (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.12 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.13 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.14 Analysis Pursuant to Section 366.82, F.A.C., we must evaluate whether the goals requested by FPL 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 12 Rule 25-17.0021(1), F.A.C. 13 Id. 14 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-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 5 for demand response programs in the FEECA goalsetting proceedings or in their base rate proceedings. Issues 9-11 were specific only to FPL’s docket. Issues 12 and 13 are the ultimate issues addressing, in light of the preceding issues, what conservation goals we should establish for FPL as required by Section 366.82, F.S. At the August 8, 2024, hearing and following a robust discovery process, FPL presented us with a series of proposed Type II stipulations 15 (Attachment A) to fully resolve all issues in this docket. FPL, LULAC, Florida Rising, SACE, and Walmart supported the stipulations. FIPUG supported the stipulations on Issues 8A and 8B and took no position on all other stipulations. FDACS took no position on all issues. At the hearing, we approved FPL’s proposed stipulations with the exception of the proposed stipulation on Issue 10, which dealt with a proposed conservation program unique to FPL. We allowed the parties to brief Issue 10, and our staff filed a recommendation on the issue. Ultimately, we approved FPL’s proposed stipulation on Issue 10 at the December 3, 2024, agenda conference. We find that each of FPL’s 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 FPL witnesses Jim Herndon, John N. Floyd, and Andrew W. Whitley, as well as the discovery responses and legal arguments provided by FPL, 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 FPL for the period 2025-2034. Based on the foregoing, it is ORDERED that Florida Power & Light Company shall abide by the stipulations, findings, and rulings herein. It is further 15 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-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE6 ORDERED that Florida Power & Light Company'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 Florida Power & Light Company 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 ORDERED that this docket shall be closed after the time for filing an appeal has run. By ORDER of the Florida Public Service Commission this 18th day of December, 2024. JDI/j hr DlSSENT ADAM J/fElTZMNN Commission Cieri 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. Chaim1an Mike La Rosa and Commissioner Andrew Giles Fay dissent from the Commission's decision to approve the stipulation for Issue l 0.
ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-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.
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FILED 12/18/2024 DOCUMENT NO. 10276-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION DOCKET NO. 20240012-EG ORDER NO. PSC-2024-0505-FOF-EG ISSUED: December 18, 2024 In re: Commission review of numeric conservation goals (Florida Power & Light Company). The following Commissioners participated in the disposition of this matter: MIKE LA ROSA, Chairman ART GRAHAM GARY F. CLARK ANDREW GILES FAY GABRIELLA PASSIDOMO SMITH FINAL ORDER APPROVING NUMERIC CONSERVATION GOALS FOR FLORIDA POWER & LIGHT COMPANY APPEARANCES: CHRISTOPHER T. WRIGHT and WILLIAM P. COX, ESQUIRES, 700 Universe Boulevard, Juno Beach, FL 33408-0420 On behalf of Florida Power & Light Company (FPL). BRADLEY MARSHALL and JORDAN LUEBKEMANN, ESQUIRES, Earth Justice, 111 S. Martin Luther King Jr. Blvd., Tallahassee, FL 32301 On behalf of Florida Rising, League of United Latin American Citizens, and Environment Confederation of Southwest Florida (FEL). SEAN T. GARNER, ERIK SAYLER, and KELLY WRIGHT , ESQUIRES, Florida Department of Agricultural & Consumer Services, Office of General Counsel, The Mayo Building, 470 S. Calhoun St., Suite 520, Tallahassee, FL 32399-0800 On behalf of Florida Department of Agricultural & Consumer Services (FDACS). JON C. MOYLE, JR. and KAREN A. PUTNAL ESQUIRES, Moyle Law Firm, P.A., 118 North Gadsden Street, Tallahassee, FL 32301 On behalf of Florida Industrial Power Users Group (FIPUG) WILLIAM C. GARNER ESQUIRE, Law Office of William C. Garner, PLLC 3425 Bannerman Road, Unit 105, No.414, Tallahassee, FL 32312 On behalf of Southern Alliance for Clean Energy (SACE) ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 2 STEPHANIE U. EATON, ESQUIRE, Spilman Thomas & Battle, PLLC 110 Oakwood Drive, Suite 500, Winston-Salem, NC 27103 and STEVEN W. LEE, ESQUIRE, Spilman Thomas & Battle, PLLC, 1100 Bent Creek Boulevard, Suite 101, Mechanicsburg, PA 17050. On behalf of Walmart, Inc. (WALMART) JACOB IMIG and JON RUBOTTOM, ESQUIRE, Senior Attorney, 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. ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 3 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 Consumer Services (FDACS) on April 24, 2024.2 The Florida Industrial Power Users Group (FIPUG) 3 , the Florida League of United Latin American Citizens (LULAC)4 , and Florida Rising, Inc. (Florida Rising)5 were granted leave to intervene on April 25, 2024. The Southern Alliance for Clean Energy (SACE) 6 and Walmart Inc. (Walmart)7 were granted leave to intervene on April 30, 2024. OPC withdrew from the proceeding on May 22, 2024.8 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.9 The Legislature emphasized that it is critical to utilize “efficient and cost-effective” conservation systems.10 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 FPL. 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.11 Section 366.82(3), F.S., prescribes the following criteria for our evaluation of the conservation goals: 1 Order No. PSC-2024-0051-PCO-EG. 2 Order No. PSC-2024-0128-PCO-EG. 3 Order No. PSC-2024-0132-PCO-EG. 4 Order No. PSC-2024-0133-PCO-EG. 5 Order No. PSC-2024-0135-PCO-EG. 6 Order No. PSC-2024-0139-PCO-EG. 7 Order No. PSC-2024-0138-PCO-EG. 8 DN 00854-2024. 9 See Sections 366.81-366.82, F.S. 10 Section 366.81, F.S. 11 Section 366.82(2), F.S. ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 4 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. (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.12 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.13 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.14 Analysis Pursuant to Section 366.82, F.A.C., we must evaluate whether the goals requested by FPL 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 12 Rule 25-17.0021(1), F.A.C. 13 Id. 14 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-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 5 for demand response programs in the FEECA goalsetting proceedings or in their base rate proceedings. Issues 9-11 were specific only to FPL’s docket. Issues 12 and 13 are the ultimate issues addressing, in light of the preceding issues, what conservation goals we should establish for FPL as required by Section 366.82, F.S. At the August 8, 2024, hearing and following a robust discovery process, FPL presented us with a series of proposed Type II stipulations 15 (Attachment A) to fully resolve all issues in this docket. FPL, LULAC, Florida Rising, SACE, and Walmart supported the stipulations. FIPUG supported the stipulations on Issues 8A and 8B and took no position on all other stipulations. FDACS took no position on all issues. At the hearing, we approved FPL’s proposed stipulations with the exception of the proposed stipulation on Issue 10, which dealt with a proposed conservation program unique to FPL. We allowed the parties to brief Issue 10, and our staff filed a recommendation on the issue. Ultimately, we approved FPL’s proposed stipulation on Issue 10 at the December 3, 2024, agenda conference. We find that each of FPL’s 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 FPL witnesses Jim Herndon, John N. Floyd, and Andrew W. Whitley, as well as the discovery responses and legal arguments provided by FPL, 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 FPL for the period 2025-2034. Based on the foregoing, it is ORDERED that Florida Power & Light Company shall abide by the stipulations, findings, and rulings herein. It is further 15 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-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE6 ORDERED that Florida Power & Light Company'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 Florida Power & Light Company 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 ORDERED that this docket shall be closed after the time for filing an appeal has run. By ORDER of the Florida Public Service Commission this 18th day of December, 2024. JDI/j hr DlSSENT ADAM J/fElTZMNN Commission Cieri 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. Chaim1an Mike La Rosa and Commissioner Andrew Giles Fay dissent from the Commission's decision to approve the stipulation for Issue l 0. ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-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-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 8 FILED 8/5/2024 DOCUMENT NO. 08228-2024 FPSC - COMMISSION CLERK William P. Cox Ww Senior Counsel Florida Power & Light Company 700 Universe Blvd (LAW/JB) EPL Juno Beach, FL 33408-0420 Phone: a ae ae Fla, Bar sme en ; August 5, 2024 rea Pr revrnevarne mre rare Enclosures cc: Certificate of Service Florida Power & Light Company 700 Universe Boulevard, Juno Beach, FL 33408 Page | 1 ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 9 Florida Public Service Commission 2540 Shumard Oak Blvd. Tallahassee, Florida 32399-0850 jimig’apse.state flus jrubotto@pse.state.fl.us discovery-gcli@psc.state.fl.us Bradley Marshall Jordan Luebkemann Earth Justice 111 8. Martin Luther King Jr. Blvd. Tallahassee, Florida 32301 bmarshall(@earthjustice.org jluebkemann(@earthjustice.org fleaseupdates/‘@earthjustice.org Attorneys for Florida Rising, League of United Latin American Citizens of Florida, and Environmental Confederation of Southwest Florida Sean T. Garner, General Counsel Erik Sayler, Senior Attorney Florida Department of Agriculture & Consumer Services Office of General Counsel The Mayo Building 407 8. Calhoun Street, Suite 520 Tallahassee, FL 32399-0800 GeneralCounsel@fdacs.gov Erik. Sayler@fdacs.gov Kelly .wright@fdacs. gov Attorneys for Florida Department of Agriculture & Consumer Services 118 North Gadsden Street Tallahassee, Florida 32301 jmoyle@moylelaw.com kputnal@moylelaw.com Attorneys for Florida Industrial Power Users Group Stephanie U. Eaton Spilman Thomas & Battle, PLLC 110 Oakwood Drive, Suite 500 Winston-Salem, NC 27103 seaton(d)spilmanlaw.com and Steven W, Lee Spilman Thomas & Battle, PLLC 1100 Bent Creek Boulevard, Suite 101 Mechanicsburg, PA 17050 slee@/spilmanlaw.com Attorneys for Walmart Inc. Brooks Rumenik, Director Office of Energy Florida Department of Agriculture & Consumer Services Brooks.Rumeniki@fdacs.gov William C. Garner Law Office of William C. Garner, PLLC 3425 Bannerman Road Unit 105, No. 414 Tallahassee, FL 32312 bearner@weeslawoffice.com Attorney for Southern Alliance for Clean Energy By:_s/ William P. Cox William P. Cox ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 10 c. The Rebuttal Testimony of FPL witnesses John N. Floyd, along with Exhibits JN-6 and JNF-7; ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 11 ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 12 ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 13 Issue 8b: The Parties stipulate and agree that, for purposes of FPL only, Issue 8b is notapplicable. The appropriate demand credits for FPL’s CILC and CDR programs in this proceeding are the credits approved by the Commission in Order Nos. PSC-2021-0446-8-EI, PSC-2021-0446A-S-E] and PSC- 2024- 0078-FOF-EI. Issue 9: The Parties stipulate and agree that the record supports a Commission finding that the savings associated with FPL’s proposed Residential Low Income Renter Pilot program are known and measurable and should be included in FPL’s proposed DSM Goals. Issue 10: The Parties stipulate and agree that the record supports a Commission finding that FPL’s proposed HVAC On-Bill option expands the existing On Call® load-management program to allow greater customer access to new energy-saving HY AC equipmentin a way that also passes the RIM cost- effectiveness test, and should be included in FPL’s proposed DSM Goals. Issue 11: As set forth in Paragraph 4(b) above, the Parties stipulate and agree that the participation for FPL’s non- RIM Test passing programs will not be capped once sector-level goals are achieved. Issue 12: The Parties stipulate and agree that to reflect the modifications agreed to in Paragraph 4 above, FPL’s proposed DSM Goals shall be 455MW Summer demand, 337 MW Winter demand, and 1,011 GWh energy reduction for the period 2025 through 2034. PROPOSED 2025, 2026 2027 2028 2029 2030 2031 2032 2033. 2034 = |Cumulative Summer MW Residential 29.82 30.00 30.32 30.27 30.32 31.02 3Lis. 31.32 3i.s2 31.76 307.50 Commercial/industrial 16.24 16.26 16.28 13.89 13.94 14.00 14.05, 14.11 14.17 14.23 147.17 Total* 46.06 46.26 46.60 44.16 44.27 45.01 45.20 45.43 45.69 45.99 454.68 Winter MW Residential 21,79 22.66 23.74 24.12 24.57 25.22 25.74 26.30 26.89 27.53 248.54 Commercial/Industrial 5.65 9.68 3.71 8.28 8.33 8.38 8.43 8.48 8.54 8.59 88.06 Total” 31.44 32.34 33.45 32.39 32.89 33.60 34.17 34.78 35.43 36.12 336.60 Annual GWh Residential 51.68 50.82 50.07 48.94 48.37 49.20 48.78 48.42 48.12 47.86 492.26 Commercial/industrial 48.40 45.13 45.87 50.60 51.37 52.15 52.95, 53.76 54.58 55.42 518.24 Total” 100.08 99.95, 99.94 99.55 99.74 101.36 101.73 102.18 102.70 103.28 1,010.50 1. Totals may not add due to rounding. 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 herein will fully resolve the issues and positions ofall Parties to this docket 4 ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 14 and, therefore, this docket should be closed upon the issuance of an Order approving these stipulations. 7. The Parties stipulate and agree that FPL’s proposed DSM goals, as modified herein, include both RIM- and TRC-passing programs and will deliver meaningful energy-efficiency savings options to all customers including owners, renters, and low-income customers, and should be approved. 8. The Parties stipulate and agree that FPL’s proposed DSM Goals, as modified herein, is a reasonable approach to meet the requirements of Section 366.82, Florida Statutes, and Rules 25-17.0021 and 25-17.008, Florida Administrative Code, and will establish 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 hereinare limited and apply only to FPL’s proposed DSM Goals in Docket No. 20240012-EG, and 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. ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 15 In Witness Whereof, Walmart evidence its acceptance and agreement with Paragraphs 1-5, Issue 1-8b and 11-14 in Paragraph 6, and Paragraphs 7-10 of the stipulations by signature of its counsel, and takes no position on Issues 9 and 10 in Paragraph 6 of the stipulations. Walmart Ine. ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 16 In Witness Whereof, FPL, FEL, and SACE evidence their acceptance and agreement with all provisions of these stipulations by their signature. Florida Power & Light Company } / 7 FP By: __& 4 John. Burnett Vicé President and General Counsel Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408-0420 Florida Rising, Environmental Confederation of Southwest Florida, and League of United Latin American Citizens By: Bradley Marshall/Jordan Luebkemann Rarthinectire ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG PAGE 17 ATTACHMENT A In Witness Whereof, FPL, FEL, and SACE evidence their acceptance and agreement with all provisions of these stipulations by their signature. Florida Power & Light Company By: John T. Burnett Vice President and General Counsel Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408-0420 Florida Rising, Environmental Confederation of Southwest Florida, and League of United Latin American Citizens sy: Lact, tgs Bradley Marshall/Jordan Luebkemann Earthjustice 111 S. Martin Luther King Jr. Blvd. Tallahassee FL 32301 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 FL 32312 ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 18 In Witness Whereof, FPL, FEL, and SACE evidence their acceptance and agreement with all provisions of these stipulations by their signature. Florida Power & Light Company By: John T. Burnett Vice President and General Counsel Florida Power & Light Company 700 Universe Boulevard Juno Beach, FL 33408-0420 Florida Rising, Environmental Confederation of Southwest Florida, and League of United Latin American Citizens By: Bradley Marshall/Jordan Luebkemann Earthjustice 111 8. Martin Luther King Jr. Blvd. Tallahassee FL 32301 Southern Alliance for Clean Energy, Inc. By: Mh. of— William C. Garner Law Office of William C. Garner, PLLC 3425 Bannerman Rd. Unit 105, No. 414 Tallahassee FL 32312 ORDER NO. PSC-2024-0505-FOF-EG DOCKET NO. 20240012-EG ATTACHMENT A PAGE 19
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