FPSC Issues Decision on Duke Energy Florida’s Large Load Tariff Petition

"With the passage of Senate Bill 484, the Florida Legislature made it clear that large load customers must bear their own full cost of service without shifting those costs to other ratepayers," Chairman Smith said. "Today's decision reinforces our commitment to upholding those protections as Florida's energy needs continue to grow. We appreciate Duke Energy's efforts to address the unique challenges associated with serving these large load customers and are confident the company can build on those efforts to develop a tariff that meets the Legislature's requirements while supporting Florida's continued growth."

On March 13, 2026, the Florida Legislature passed Senate Bill 484, which was signed into law on May 7, 2026, creating Section 366.043, Florida Statutes. The law establishes requirements for electric public utilities serving large load customers, such as hyperscale data centers. It requires utilities to reasonably ensure that large load customers bear the full cost of their electric service and that neither those costs, nor the risk of nonpayment, are shifted to the general body of ratepayers. The law also required utilities to file compliant tariffs with the FPSC for approval by October 1, 2026.

On April 22, 2026, DEF filed a petition with the FPSC seeking approval of its new large load tariffs. DEF's petition outlined terms for serving large load customers, including minimum service commitments, minimum monthly bill requirements, security requirements, and financial protections.

Following a comprehensive review, the FPSC determined that DEF's proposed tariffs do not comply with Section 366.043, Florida Statutes. The FPSC found that DEF's proposed tariffs do not comply with Florida law because they exclude certain large load customers who would otherwise qualify under the law's definition. The FPSC also found that DEF had not provided sufficient evidence to demonstrate that its existing rate schedules, together with the proposed contractual and financial protections, would reasonably ensure that each large load customer bears the full cost of its electric service, as required by law.

DEF will need to file new tariffs that comply with the statutory applicability requirements, including a proposed large load rate schedule supported by sufficient evidence demonstrating that qualifying customers will bear their full cost of service, subject to FPSC review and approval.

DEF provides electric service to more than 2 million customers in 35 counties across Florida.