Florida Public Service Commission native order document 03685-2026

FILED 6/23/2026
DOCUMENT NO. 03685-2026
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-2026-0234-PCO-EI
ISSUED: June 23, 2026
ORDER GRANTING INTERVENTION FOR WHITE SPRINGS AGRICULTURAL
CHEMICALS, INC, d/b/a PCS PHOSPHATE - WHITE SPRINGS
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 April 	30, 2026, White 	Springs 	Agricultural Chemicals, 	Inc. 	d/b/a PCS Phosphate -
White 	Springs (PCS 	Phosphate) 	filed 	its 	Petition 	to 	Intervene 	in 	this 	docket. PCS 	Phosphate
alleges that 	it 	is a manufacturer of fertilizer products with plants and operations located in DEF’s
electric 	service 	area and 	receives 	service under 	various DEF 	rate 	schedules. PCS 	Phosphate
asserts 	that 	it 	is a large customer of DEF 	that may be 	directly and 	substantially affected by the
outcome of this proceeding. PCS Phosphate 	states in 	its Petition that 	it conferred with the Office
of Public Counsel and DEF regarding 	its intervention, and neither of the parties took a position.
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.
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

ORDER NO. PSC-2026-0234-PCO-EI
DOCKET NO. 20260064-EI
PAGE 2
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
The above representations by PCS Phosphate satisfy both prongs of the Agrico test. PCS
Phosphate meets the first prong of Agrico in that the amount it pays in electric rates may be
ultimately affected by this proceeding. PCS Phosphate meets the second prong of Agrico because
the purpose of this proceeding is to determine whether to establish a new rate class for certain
large load customers which may include PCS Phosphate. Based on the foregoing, PCS Phosphate
has made allegations sufficient to satisfy Agrico 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, PCS Phosphate takes the case as it finds it.
Based on the above representations, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that White Springs
Agricultural Chemicals, Inc. d/b/a PCS Phosphate – White Springs is hereby granted provisional
intervention subject to proof of standing at hearing as set forth in the body of this Order. It is
further
ORDERED that White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate –
White Springs 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 E-3400
Washington, DC 20007-5201
(202) 342-0800
jbrew@smxblaw.com
lwb@smxblaw.com
sbn@smxblaw.com

ORDER NO. PSC-2026-0234-PCO-EI
DOCKET NO. 20260064-EI
PAGE 3
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 23rd 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.
SF
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.