Florida Public Service Commission native order document 05498-2026

FILED 8/24/2026
DOCUMENT NO. 05498-2026
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-2026-0303-PCO-EI
ISSUED: August 24, 2026
ORDER GRANTING IN PART AND DENYING IN PART WHITE SPRINGS
AGRICULTURAL CHEMICALS. INC, d/b/a PCS PHOSPHATE - WHITE SPRINGS’ AND
NUCOR STEEL FLORIDA, INC.’S JOINT NOTICE OF INTENT TO SEEK AND MOTION
FOR OFFICIAL RECOGNITION
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 	14, 	2026, 	the 	White 	Springs 	Agricultural 	Chemicals, 	Inc. 	d/b/a PCS
Phosphate - White Springs (PCS Phosphate) and Nucor 	Steel 	Florida, 	Inc. (Nucor) 	filed a joint
Notice of Intent 	to Seek and Motion 	for Official Recognition (Motion) 	for ten exhibits labelled
Exhibit A through 	Exhibit 	J. The 	Florida 	Industrial Power Users Group (FIPUG) 	supports 	the
motion 	while 	the 	remaining 	intervening 	parties 	took no 	position. DEF 	filed 	a Response 	in
Opposition to 	all ten 	exhibits, arguing that 	all ten are 	irrelevant 	to any issue under consideration
in this docket.
Decision
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.
Pursuant 	to Section 90.202(2), 	F.S., judicial notice of “decisional ... law of every other
state, 	territory and jurisdiction of the United States” 	is permissive. Exhibits A and B 	(final orders
from other state regulators) in the Motion 	fit squarely within 	this category and are appropriate for
official 	recognition. 	Although DEF 	objects 	on 	the 	grounds 	that 	these 	orders 	are 	irrelevant,
decisions from other jurisdictions addressing large loads may help inform this Commission as to
adequate customer 	protections, emerging 	trends, 	or 	potential 	pitfalls. As 	a 	result, 	I 	find 	that
Exhibits A and B are relevant and are officially recognized.
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. The Motion 	seeks 	recognition 	of Exhibits C 	through F

ORDER NO. PSC-2026-0303-PCO-EI
DOCKET NO. 20260064-EI
PAGE 2
through this subsection. While Exhibits D through F (orders issued by the Federal Energy
Regulatory Commission) qualify as official actions, Exhibit C (a transcript of a hearing) is not an
official action contemplated by subsection (5). DEF objects to relevancy but I again note that
official information from other governmental sources may inform this Commission in ways
relevant to the ultimate disposition of this case. Therefore, Exhibits D, E, and F are officially
recognized but Exhibit C shall not be.
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. Exhibits G through J (press releases,
specific utility proposals, and reports) do not fall within the scope of these subsections.
Consequently, Exhibits G through J are not appropriate for official recognition.
Therefore, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that the Notice of
Intent to Seek and Motion for Official Recognition is granted in part and denied in part as laid
out in the body of this order.
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 24th 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
ZO£¿-

ORDER NO. PSC-2026-0303-PCO-EI
DOCKET NO. 20260064-EI
PAGE 3
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.