Florida Public Service Commission native order document 04816-2026

FILED 7/31/2026
DOCUMENT NO. 04816-2026
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-2026-0268-PCO-EI
ISSUED: July 31, 2026
ORDER GRANTING INTERVENTION
FOR NUCOR STEEL FLORIDA, INC.
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 July 	14, 2026, Nucor 	Steel Florida, 	Inc. (Nucor) 	filed 	its Petition 	to Intervene 	in 	this
docket. Nucor alleges that 	it owns and operates a steel production 	facility in DEF’s 	territory, and
that 	it 	is a customer who purchases “large amounts of electric energy” from DEF. Nucor asserts
that, as a large industrial customer, the outcome of this proceeding may adversely effect Nucor’s
substantial 	interests. Nucor states in 	its Petition that 	it conferred with 	all parties 	to the proceeding
regarding 	its intervention and no 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
Players 	Assn, 	v. 	Florida 	Pari-Mutuel Commission, 	561 	So. 2d 	1224, 	1225-26 	(Fla. 3d DCA

ORDER NO. PSC-2026-0268-PCO-EI
DOCKET NO. 20260064-EI
PAGE 2
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 Nucor satisfy both prongs of the Agrico test. Nucor meets
the first prong of Agrico in that the amount it pays in electric rates may be ultimately affected by
this proceeding. Nucor 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 Nucor. Based on the foregoing, Nucor 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,
Nucor 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 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 E-3400
Washington, DC 20007-5201
(202) 342-0800
pjm@smxblaw.com
mkl@smxblaw.com
jrb@smxblaw.com

ORDER NO. PSC-2026-0268-PCO-EI
DOCKET NO. 20260064-EI
PAGE 3
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 31st day of July,
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.