Florida Public Service Commission native order document 10276-2024

Order No. PSC-2024-0505-FOF-EGFlapubserv

Testo completo

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
---~------------~
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.
ORDER NO. PSC-2024-0505-FOF-EG
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ORDER NO. PSC-2024-0505-FOF-EG
DOCKET NO. 20240012-EG 	ATTACHMENT A
PAGE 19

3 printed pages contain little extracted OCR body text; searchable legal-body completeness has not been established for those pages.

OCR transcription for search; preserved printed pages are authoritative

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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