DUKE ENERGY FLORIDA, LLC v. CLARK

No. SC20-1601.

344 So.3d 394 (2022)

DUKE ENERGY FLORIDA, LLC, Appellant, v. Gary F. CLARK, etc., et al., Appellees.

Supreme Court of Florida.

July 7, 2022.


Attorney(s) appearing for the Case

Dianne M. Triplett and Matthew R. Bernier of Duke Energy Florida, LLC, Tallahassee, Florida; and Daniel E. Nordby of Shutts & Bowen LLP, Tallahassee, Florida, and Alyssa L. Cory of Shutts & Bowen LLP, Tampa, Florida, for Appellant.

Keith C. Hetrick , General Counsel, Samantha M. Cibula , Attorney Supervisor, and Kathryn G.W. Cowdery , Senior Attorney, Florida Public Service Commission, Tallahassee, Florida, for Appellee Florida Public Service Commission.

Richard Gentry , Public Counsel, Anastacia Pirrello , Associate Public Counsel, Charles J. Rehwinkel , Deputy Public Counsel, and Mary A. Wessling , Associate Public Counsel, Office of Public Counsel for Citizens of the State of Florida, Tallahassee, Florida; and Jon C. Moyle Jr. and Karen Putnal of Moyle Law Firm, P.A., for the Florida Industrial Power Users Group, Tallahassee, Florida, for Appellee Office of Public Counsel and Florida Industrial Power Users Group.


Duke Energy Florida, LLC (DEF), appeals a final order of the Florida Public Service Commission (Commission) denying DEF's request to recover approximately $16 million from its customers for costs DEF incurred to meet its customers' demand for electricity when a 420-megawatt (MW) steam-powered generating unit went offline at its Bartow...

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