Florida Public Service Commission native order document 05088-2026

FILED 8/11/2026
DOCUMENT NO. 05088-2026
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-2026-0275-PCO-EI
ISSUED: August 11, 2026
ORDER ESTABLISHING PROCEDURE FOR HEARING ON STANDING
An 	evidentiary hearing 	is 	scheduled 	for August 	25-26, 	2026, 	to receive 	testimony and
take exhibits on Duke Energy Florida, LLC’s (DEF), large load tariff filed April 22, 2026. 	Rule
28-106.205, 	Florida 	Administrative Code 	(F.A.C.), 	governs 	intervention 	in 	this 	proceeding.
Paragraph (2)(c) of the Rule provides a motion to intervene must contain “[a]llegations sufficient
to 	demonstrate 	that 	the 	intervenor 	is 	entitled 	to 	participate 	in 	the proceeding 	as 	a 	matter of
constitutional or statutory right or pursuant to agency rule, or 	that the substantial 	interests of the
intervenor are subject to determination or will be affected by the proceeding.” Under Subsection
(1), “[t]he presiding officer may impose terms and conditions on the intervenor to limit prejudice
to other parties.”
The 	Office of Public Counsel (OPC) 	is 	authorized 	to 	intervene by 	Section 	350.0611,
Florida 	Statutes, 	and 	its 	intervention 	has 	been 	acknowledged 	by 	order. 	Provisional 	orders
granting intervention were issued for the remaining intervenors - Florida Rising, 	Inc. (FR); PCS
Phosphate- White Springs (PCS Phosphate); 	the Florida Industrial Power Users Group (FIPUG);
and Nucor 	Steel 	Florida, 	Inc. 	(Nucor). 	All 	provisional 	orders 	contained 	a 	ruling 	that 	the
intervenors’ 	“petition[s] 	to intervene 	shall be granted subject 	to proof of standing or 	stipulations
that 	there 	are 	sufficient 	facts 	to 	support 	all 	elements 	for 	standing.” The 	issue 	regarding 	the
parties’ standing appears as Issue D in the Prehearing Order. 1
At 	the August 	5, 	2026, 	prehearing 	conference, 	it 	appeared 	that 	the 	status of standing
remained 	a 	contested 	issue 	and some 	parties 	expressed 	an 	interest 	in 	having 	any 	standing
questions resolved 	prior 	to 	the 	start of the August 25-26 	evidentiary hearing on 	the 	merits of
DEF’s 	tariff. 	Accordingly, an August 	17, 2026, hearing was noticed “to receive testimony and
exhibits and 	to enable a decision 	as 	to whether 	[FR, PCS Phosphate, FIPUG, and Nucor] have
standing to intervene and participate.” The notice also stated that “[i]f all parties have stipulated
to 	the 	facts 	to 	support 	standing 	for 	a 	particular 	intervenor, 	that 	intervenor 	is not required 	to
present evidence 	at the August 	17, 2026 hearing.”
This 	Order 	sets 	forth 	the 	procedural 	requirements 	for 	all 	parties 	with 	respect 	to 	the
August 	17, 2026, hearing on standing. 	This Order 	is issued pursuant to the authority granted by
Rule 	28-106.211, 	F.A.C., which 	provides 	that 	the 	presiding 	officer 	before whom 	a 	case 	is
pending may issue any orders necessary 	to effectuate discovery, prevent delay, and promote the
just, speedy, and inexpensive determination of all aspects of the case.
1Issue D states: “Whether the following persons have standing to intervene in this proceeding: 	a. PCS Phosphate -
White Springs; b. Florida Industrial Power Users Group; 	c. Florida Rising, Inc.; d. Nucor Steel Florida, Inc.”

ORDER NO. PSC-2026-0275-PCO-EI
DOCKET NO. 20260064-EI
PAGE 2
Attendance at Hearing
Unless excused by the Prehearing Officer for good cause shown, each party shall
personally appear at the hearing, and either present their witness in support of standing, or
present evidence that all parties have stipulated to the facts to support that party’s standing.
Failure of a party, or that party’s representative, to appear shall constitute waiver of that party’s
issues, and that party may be dismissed from the proceeding. Any party who wishes for their
representative or their standing witness to participate at the August 17, 2026, hearing by audio-
visual means must contact Commission staff to that effect by no later than August 13, 2026.
Hearing Exhibits
Parties shall bring 20 copies of any exhibits they plan to use for purposes of cross-
examination or impeachment. Any confidential exhibits shall be provided in accordance with
Section IV of the Prehearing Order.
Opening Statements
Opening statements, if any, shall not exceed 5 minutes per party.
Witnesses
Witnesses who prefiled testimony on standing shall be given the opportunity to present a
3 minute of summary of their testimony. All witnesses shall be subject to cross-examination at
the conclusion of their testimony. The witnesses on standing shall take the stand in the following
order:
Jeffry Pollock – FIPUG
Katina Rentas Negrón – FR
Karl Rábago – FR
Tony Georgis – PCS Phosphate
Cross-Examination
The parties shall avoid duplicative, repetitious, and friendly cross-examination.
Briefs
Parties shall file briefs, if any, of no more than 10 pages with respect to Issue D by
August 20, 2026.
Based on the foregoing, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that the provisions of
this Order shall govern this proceeding unless modified by the Commission.

ORDER NO. PSC-2026-0275-PCO-EI
DOCKET NO. 20260064-EI
PAGE 3
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 11th 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.
JSC
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.