Florida Public Service Commission native order document 03760-2026

FILED 6/26/2026
DOCUMENT NO. 03760-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for a limited proceeding to
approve large load tariff, by Duke Energy
Florida, LLC._
DOCKET NO. 20260064- EI
ORDER NO. PSC-2026-0238-PCO-EI
ISSUED: June 26, 2026
ORDER GRANTING FLORIDA INDUSTRIAL POWER
USERS GROUP’S PETITION TO INTERVENE
On April 22, 2026, Duke Energy Florida, LLC (DEF or Utility) filed a petition requesting
approval 	of a new 	large 	load 	tariff with 	a 	policy 	applicable 	to 	large 	electric 	users and 	an
associated customer agreement. Discovery guidelines, hearing procedures, and controlling dates
were 	established by 	the 	Order 	Establishing 	Procedure, 	Order 	No. 	PSC-2026-0120-PCO-EI,
issued on May 	5, 2026. This docket is currently scheduled for hearing on August 25-26, 2026.
Petition for Intervention
On May 29, 2026, 	the Florida 	Industrial Power Users Group (FIPUG) 	filed a Petition to
Intervene 	(Petition) 	in 	this 	proceeding. 	According 	to 	its 	Petition, FIPUG 	is 	an 	association
consisting 	of 	industrial 	and 	commercial 	users 	of 	electricity 	within DEF’s 	service 	territory.
FIPUG 	further 	states 	that the cost of electricity constitutes a 	significant portion of 	its members’
overall 	costs of production. FIPUG 	asserts that 	its members require adequate, reasonably priced
electricity in order to compete within their respective markets. As such, FIPUG contends that the
substantial 	interests of its members will be directly affected by the Commission’s action taken in
this docket.
Two intervenors in this docket - Florida Rising and the Office of Public Counsel (OPC) -
filed responses 	to FIPUG’ s 	petition. 	Florida Rising reserved 	the 	“right 	to conduct discovery 	to
validate the 	legal 	status of FIPUG and the number of current FIPUG members currently served
by Duke.” OPC objects 	to FIPUG’s 	standing, alleging 	that FIPUG’s petition 	is conclusory and,
as alleged, does not meet the requirements of associational standing.
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 	substantial 	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 substantial interests of the intervenor are subject to determination or will be affected through
the proceeding. 	Intervenors take the case as they find 	it.

ORDER NO. PSC-2026-0238-PCO-EI
DOCKET NO. 20260064-EI
PAGE 2
To have standing, the intervenor must meet the three-prong standing test set forth in
Florida Home Builders Association v. Department of Labor and Employment Security, 412 So.
2d 351, 353-54 (Fla. 1982), and Farmworker Rights Organization, Inc. v. Department of Health
and Rehabilitative Services, 417 So. 2d 753, 754 (Fla. 1st DCA 1982), which is based on the
basic 	standing 	principles 	established 	in 	Agrico 	Chemical 	Company 	v. 	Department 	of
Environmental Regulation, 406 So. 2d 478, 481-82 (Fla. 2d DCA 1981). 1 Associational standing
may be found where: (1) the association demonstrates that a substantial number of an
association’s members may be substantially affected by the Commission’s decision in a docket;
(2) the subject matter of the proceeding is within the association’s general scope of interest and
activity; and (3) the relief requested is of a type appropriate for the association to receive on
behalf of its members. Fla. Home Builders, 412 So. 2d at 353-54; Farmworker Rights Org.,417
So. 2d at 754.
Analysis and Ruling
With respect to the first prong of the associational standing test established in Florida
Home Builders, FIPUG asserts that its members are commercial and industrial electric customers
of DEF who will be affected by the Commission’s decision on DEF’s petition. With respect to
the second prong, the subject matter of the proceeding appears to be within FIPUG’s general
scope of interest and activity. FIPUG is an association whose members are commercial and
industrial customers who receive service from DEF. FIPUG contends that its members will be
directly and substantially affected by the outcome of this docket. As for the third prong, FIPUG
is seeking intervention in this docket in order to represent the interests of its members in this
proceeding.
Based on the foregoing, FIPUG has made allegations sufficient to meet the three-prong
associational standing test established in Florida Home Builders and its petition to intervene shall
be granted subject to proof of standing or stipulations that there are sufficient facts to support all
elements for standing. See Delgado v. Agency for Health Care Admin., 237 So. 3d 432, 437 (Fla.
1st DCA 2018) (proper pretrial stipulations to the facts supporting all elements of standing are
binding upon the parties and the court). As an intervenor, FIPUG takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that the Motion to
Intervene filed by Florida Industrial Power Users Group is hereby granted as set forth in the body
of this Order. It is further
1 Under Agrico, the intervenor must show that (1) he will suffer injury in fact which is of sufficient immediacy to
entitle him to a Section 120.57, F.S., hearing, and (2) the substantial injury is of a type or nature which 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. 406 So. 2d 478 at 482. 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).

ORDER NO. PSC-2026-0238-PCO-EI
DOCKET NO. 20260064-EI
PAGE 3
ORDERED that Florida Industrial Power Users Group 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:
Jon C. Moyle, Jr.
Karen A. Putnal
Moyle Law Firm, P.A.
118 North Gadsden Street
Tallahassee, Florida 32301
(850) 681-3828
jmoyle@moylelaw.com
kputnal@moylelaw.com
mqualls@moylelaw.com
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 26th day of June,
2026.
GARY F. CLARK
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.
MRT

ORDER NO. PSC-2026-0238-PCO-EI
DOCKET NO. 20260064-EI
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.