Florida Public Service Commission native order document 02367-2024

FILED 4/25/2024
DOCUMENT NO. 02367-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric 	DOCKET NO. 20240013-EG
conservation goals (Duke Energy Florida, 	ORDER NO. PSC-2024-0131-PCO-EG
LLC). 	ISSUED: April 25, 2024
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ORDER GRANTING INTERVENTION
FOR NUCOR STEEL FLORIDA, INC.
On 	January 	5, 	2024, 	Docket 	Nos. 	20240012-EG, 	20240013-EG, 	20240014-EG,
20240015-EG, 20240016-EG, and 20240017-EG were established to review and adopt the
corresponding utility's conservation goals pursuant to Sections 366.80-366.83 and 403.519,
Florida Statutes. (F.S.), known collectively as the Florida Energy Efficiency and Conservation
Act (FEECA). By the Order Consolidating Dockets and Establishing Procedure, Order No. PSC-
2024-0022-PCO-EG, issued January 23, 2024, the dockets were consolidated for purposes of
hearing and controlling dates were established. These dockets are currently scheduled for hearing
on August 6-9, 2024.
Petition for Intervention
On April 5, 2024, Nucor Steel Florida, Inc. (Nucor) filed a Petition to Intervene in
Docket No. 20240013-EG. Nucor states it owns and operates a steel production facility located
within Duke Energy Florida's (DEF) electric service territory. Nucor purchases large amounts of
electric energy from DEF to power its steel making operations. Nucor argues that the changes
proposed in this docket may affect the rates charged and paid by DEF customers and, because
Nucor purchases 	substantial 	amounts of electric energy from 	DEF, 	the outcome 	of this
proceeding may adversely affect Nucor's interests. 	No other party indicated an objection to
Nucor' s intervention.
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
sufficient immediacy to entitle him to a Section 120.57, F.S., hearing, and (2) the substantial

ORDER NO. PSC-2024-0131-PCO-EG
DOCKET NO. 20240013-EG
PAGE 2
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 above representations, it appears that Nucor meets the standing requirements of
Agrico. As an industrial customer within DEF’s service area, its substantial interests will be
directly affected by the Commission’s decisions as to the appropriate conservation goals and
programs. Nucor meets the requirements for standing and will be permitted to intervene in
Docket No. 20240013-EG as a party in this proceeding. Nucor takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Arthur Graham, as Prehearing Officer, that the Petition to
Intervene filed by Nucor Steel Florida, Inc. is hereby granted as set forth in the body of this
Order. It is further
ORDERED that Nucor Steel Florida, Inc. 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:
Peter J. Mattheis
Michael K. Lavanga
Joseph R. Briscar
Stone Mattheis Xenopoulos & Brew, PC
1025 Thomas Jefferson Street, NW
Suite 800 West
Washington, DC 20007-5201
Phone: (202) 342-0800S

ORDER NO. PSC-2024-0131-PCO-EG
DOCKET NO. 20240013-EG
PAGE 3
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 25th day of April,
2024.
ART GRAHAM
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.
JDI

ORDER NO. PSC-2024-0131-PCO-EG
DOCKET NO. 20240013-EG
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.