Duke Energy Florida, LLC v. Gary F. Clark

Summary

The court reversed the Florida Public Service Commission’s denial of Duke Energy’s request to recover approximately $16 million in replacement-power costs. It held that the record did not support the finding that Duke’s imprudent operation of the steam turbine before 2012 caused the 2017 outage and derating, and that Duke’s proven prudent operation after 2012 entitled it to cost recovery. The court remanded for entry of an order granting recovery.