Citizens of the State of Florida v. Gary F. Clark

Summary

The Supreme Court of Florida affirmed the Public Service Commission’s allocation of fifty percent of Duke Energy Florida’s replacement-power costs to the utility. The Court held that the Office of Public Counsel failed to preserve its challenges to the Commission’s consideration of mitigating factors, allocation of partial costs, and burden-of-proof analysis because it withdrew its motion for reconsideration before the Commission could address the alleged errors. Because the arguments were unpreserved, reversal was available only for fundamental error, which the Court found absent.