Florida Public Service Commission native order document 05355-2026

FILED 8/21/2026
DOCUMENT NO. 05355-2026
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-2026-0286-PCO-EI
ISSUED: August 21, 2026
ORDER GRANTING IN PART AND DENYING IN PART
THE OFFICE OF PUBLIC COUNSEL’S MOTION AND NOTICE OF INTENT TO SEEK
OFFICIAL RECOGNITION AND DENYING REQUEST FOR ORAL ARGUMENT
On 	April 	22, 	2026, Duke Energy 	Florida, LLC (DEF 	or 	Utility) 	filed 	a 	petition 	for
approval of a new Large Load Customer Policy (LLCP), 	a Large Load Customer Agreement
(LLCA), and revised Contribution 	in Aid of Construction (CIAC) 	tariffs. DEF 	states 	that 	this
filing complies with newly passed 	state 	legislation, 	Senate 	Bill 484 (SB 	484). The Governor
signed SB 484 	into law on May 7, 2026, which took effect on July 	1, 2026 (Chapter No. 2026-
65, 	Laws 	of 	Florida). 	In 	compliance 	with 	Section 	366.06(3), 	Florida 	Statutes 	(F.S.), 	an
administrative hearing on DEF’s Petition is scheduled for August 25-26, 2026.
On August 	13, 2026, 	the Office of Public Counsel (OPC) 	filed a Motion and Notice of
Intent to Seek Official Recognition (Motion) 	for 25 	exhibits labelled Exhibit A through Exhibit
Y. Contemporaneously, 	to support 	its request, OPC 	filed a Request 	for Oral Argument seeking
ten minutes of oral argument. DEF opposed the motion while PCS Phosphate - White Springs
supported the 	entry of two 	exhibits 	(Exhibits B and U) and took no position on 	the remaining
exhibits. The remaining intervenors took no position.
On August 	19, 2026, DEF 	filed a Response 	in 	Partial Opposition 	to 	the Motion and 	in
Opposition to the Request for Oral Argument. In 	its response, DEF noted no objection 	to Exhibit
A (FERC Order 2003) but objected to the entry of Exhibits B through Y. DEF alleges 	that these
exhibits 	are 	irrelevant, immaterial, unduly 	repetitious, and/or hearsay. DEF also argues 	there 	is
no need for oral argument.
Decision
Oral Argument
Having reviewed the parties’ 	filings, 	I find that they are 	sufficient on their face to make a
decision as to their merits. Accordingly, OPC’s request for oral argument 	is denied.
Official Recognition
Official recognition 	in 	administrative proceedings 	is governed by 	the same 	substantive
provisions 	as judicial notice 	in 	civil 	actions. 	Section 	120.569(2)(i), Florida 	Statutes 	(F.S.), and
Rule 	28-106.213(6), 	Florida 	Administrative Code 	(F.A.C.). 	After 	notice 	and upon 	sufficient
motion, 	official recognition 	is mandatory as to certain matters and permissive as to others.

ORDER NO. PSC-2026-0286-PCO-EI
DOCKET NO. 20260064-EI
PAGE 2
Pursuant to Section 90.202(5), F.S., judicial notice of “[o]fficial actions of the legislative,
executive, and judicial departments of the United States and of any state, territory, or jurisdiction
of the United States” is permissive. Exhibits A through H in OPC’s Motion fit squarely within
this category and are appropriate for official recognition.
Pursuant to Section 90.202(10), F.S., judicial notice of duly enacted ordinances and
resolutions of municipalities and counties located in Florida is permissive. DEF objects on the
basis that Exhibits J through R are irrelevant to any issue under consideration. The adequacy of
the protections provided by DEF’s proposal is an active issue in this docket and the ordinances
proffered may inform the Commission as to the concerns municipalities have when working with
large load customers. Therefore, they are relevant and are appropriate for official recognition.
Pursuant to Section 90.202(11) or (12), F.S., judicial notice of facts that are not subject to
dispute because they are generally known within the jurisdiction of the court or because they are
capable of accurate and ready determination is permissive. Press releases and meeting minutes
from various county commissions do not fall within the scope of these subsections. They are not
official acts of the various jurisdictions, merely records of those jurisdictions which do not fall
under any recognized category under Section 90.202, F.S. Consequently, Exhibits S through Y
are not appropriate for official recognition.
Finally, OPC requests this Commission officially recognize the comments from utility
customers in this docket. As previously held, it is “generally an appropriate exercise of the
tribunal’s discretion to take notice of its own files, so long as the parties are given notice and an
opportunity to address the matter being noticed.”1 There is no apparent prejudice to any party
from adding these customer comments to the record in this proceeding. DEF’s hearsay objection
is noted. Official recognition does not transform the comments into non-hearsay evidence and
tribunals are to exercise caution when taking official recognition to not substitute the document
as proof of the fact. See Allstate Ins. Co. v. Greyhound Rent-A-Car, Inc., 586 So. 2d 482, 483
(Fla. 4th DCA 1991) and Rubrecht v. Cone Distrib., Inc., 95 So. 3d 950, 959 (Fla. 5th DCA
2012). 	The 	Commission 	has 	historically 	given 	consideration 	to 	customer 	comments 	in
proceedings such as rate cases, where input from customers is part of the statutory ratemaking
process. While this is not a rate case, the comments in this docket address a first-of-its-kind
petition under the newly enacted statute. On balance, I find it appropriate that Exhibit I be
officially recognized; the comments will be given the weight that they are due.
Therefore, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that the Motion and
Notice of Intent to Seek Official Recognition is granted in part and denied in part as laid out in
the body of this order. It is further
ORDERED that the Office of Public Counsel’s Request for Oral Argument is denied.
1 Order No. PSC-2025-0370-PCO-EI issued October 6, 2026, in Docket No. 20250011-EI, In re: Petition for rate
increase by Florida Power & Light Company (citing Davenport v. State, 971 So. 2d 29 (Fla. 4th DCA 2008)).

ORDER NO. PSC-2026-0286-PCO-EI
DOCKET NO. 20260064-EI
PAGE 3
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 21st day of
August, 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
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.