Florida Public Service Commission native order document 02318-2024

FILED 4/24/2024
DOCUMENT NO. 02318-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy 	DOCKET NO. 20240025-EI
Florida, LLC. 	ORDER NO. PSC-2024-0129-PCO-EI
ISSUED: April 24, 2024
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ORDER GRANTING INTERVENTION
FOR WHITE SPRINGS AGRICULTURAL CHEMICALS, INC.
d/b/a PCS PHOSPHATE - WHITE SPRINGS
Duke Energy Florida, LLC (Duke or Utility) filed its Petition for Rate Increase, minimum
filing requirements (MFRs), and testimony on April 2, 2024. Duke filed its MFRs ba sed on
projected test years from January 1 to December 31 , 2025; January 1 to December 31 , 2026; and
January 1 to December 31 , 2027. By Order No. PSC-2024-0092-PCO-EI, issued April 11 , 2024,
an administrative hearing has been scheduled for these matters for August 12 - 16 , 2024. August
19 - 23, 2024, have also been reserved for the continuation and conclusion of this hearing, if
necessary.
Petition for Intervention
By Petition dated March 29, 2024, White Springs Agricultural Chemicals, Inc. d/b/a PCS
Phosphate 	- 	White 	Springs 	(PCS 	Phosphate) 	requested 	permission 	to 	intervene 	in 	this
proceeding. 	PCS Phosphate states it is a manufacturer of fertilizing products with plants and
operations located within Duke's electric service territory, and receives service under various
DEF rate schedules. PCS asserts that the Commission 's decisions regarding Duke 's base rate
requests m ay impact the cost of power supplied by DEF to PCS Phosphate 's facilities in and
around White Springs, Florida, thereby affecting PCS Phosphate 's production and operating
costs, and overall industry competiveness
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 sub stantial 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 sub stantial 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 two-prong standing test set forth in
Agrico Chemical Company v. Department of Environmental Regulation, 406 So. 2d 478, 482
(Fla. 2d DCA 1981). 	The intervenor must show that (1) he will suffer injury in fact that is of

ORDER NO. PSC-2024-0129-PCO-EI
DOCKET NO. 20240025-EI
PAGE 2
sufficient immediacy to entitle him to a Section 120.57, F.S., hearing, and (2) the substantial
injury is of a type or nature that 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. 	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).
Analysis and Ruling
Based on the above representations, PCS Phosphate meets the first prong of Agrico in
that the amount it pays in electric rates may ultimately be affected by this proceeding. In
addition, PCS Phosphate meets the second prong of Agrico because: (1) the purpose of this
proceeding is to determine whether Duke’s request for a base rate increase should be approved,
and (2) the Commission’s determination will set the rates paid by ratepayers such as PCS
Phosphate. Based on the foregoing, PCS Phosphate meets both prongs of Agrico. PCS Phosphate
takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that the
Petition to Intervene filed by PCS Phosphate is hereby granted as set forth in the body of this
Order. It is further
ORDERED that PCS Phosphate 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:
James W. Brew
Laura Wynn Baker
Sarah B. Newman
Stone Mattheis Xenopoulos & Brew, PC
1025 Thomas Jefferson Street, NW
Suite 800 West
Washington, DC 20007-5201
(202) 342-0800
jbrew@smxblaw.com
lwb@smxblaw.com
sbn@smxblaw.com

ORDER NO. PSC-2024-0129-PCO-EI
DOCKET NO. 20240025-EI
PAGE 3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of -------
SPS
AJJ,L.__________Gabriella Passidomo
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
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Copies furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
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.
24th
April 2024