Florida Public Service Commission native order document 06441-2024

FILED 6/14/2024
DOCUMENT NO. 06441-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Commission review of numeric
conservation goals (JEA).
Commission review of numeric conservation
goals (Orlando Utilities Commission)
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DOCKET NO. 20240016-EG
DOCKET NO. 20240017-EG
ORDER NO. PSC-2024-0194-PCO-EG
ISSUED: June 14, 2024
ORDER GRANTING INTERVENTION
FOR WALMART, 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 a nd 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
By motion dated June 5, 2024, Walmart, Inc. (Walmart) filed a Petition to Intervene in
Docket Nos. 20240016-EG and 20240017-EG. Walmart is a national retailer of goods and
services 	throughout 	the 	United 	States 	with 	232 	Supercenters, 	9 	Discount 	Stores, 	97
Neighborhood Markets, 46 Sam's Clubs, 2 Other Pharmacy Formats, 9 Distribution Centers, a nd
2 Fulfillment Centers in Florid a. Walmart is also a retail customer of a ll of the electric utilities in
Florida, including JEA and Orlando Utilities Commission (OUC). Walmart purchases more than
83 million kWH annually from JEA, and more than 38 million kWH annually from OUC. The
cost of electric utility service is a significant element in the cost of operation for Walmart, which
could be impacted by the outcomes in this docket. Walmart asserts that it has a unique
substantial interest in this matter. No party indicated an objection to Walmart' 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 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-2024-0194-PCO-EG
DOCKET NO. 20240016-EG,
20240017-EG
PAGE 2
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
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 Walmart meets the standing requirements
of Agrico. As a commercial customer within JEA’s and OUC’s service areas, its substantial
interests 	will 	be 	directly 	affected 	by 	the 	Commission’s 	decisions 	as 	to 	the 	appropriate
conservation goals and programs. Walmart meets the requirements for standing and will be
permitted to intervene as a party Docket Nos. 20240016-EG and 20240017-EG. Walmart takes
the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Art Graham, as Prehearing Officer, that the Motion to
Intervene filed by Walmart, Inc. is hereby granted as set forth in the body of this Order. It is
further
ORDERED that Walmart, 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:
Stephanie U. Eaton
Florida Bar No.: 165610
SPILMAN THOMAS & BATTLE, PLLC
110 Oakwood Drive, Suite 500
Winston-Salem, NC 27103
Phone: (336) 631-1062
Fax: (336) 725-4476
seaton@spilmanlaw.com
Steven W. Lee
SPILMAN THOMAS & BATTLE, PLLC
1100 Bent Creek Boulevard, Suite 101
Mechanicsburg, PA 17050
Phone: (717) 791-2012
Fax: (717) 795-2743
slee@spilmanlaw.com

ORDER NO. PSC-2024-0194-PCO-EG
DOCKET NO. 20240016-EG,
20240017-EG
PAGE 3
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 14th day of June,
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-2024-0194-PCO-EG
DOCKET NO. 20240016-EG,
20240017-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.