Consumer advocates filed explosive new documents Tuesday in Tallahassee, alleging in a case before regulators that Duke Energy is trying to saddle Floridians with billions’ worth of increases to their bills because of data centers.
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There’s only one catch: The exact number is hidden from the public.
Duke’s approach to data centers “leaves a dramatic, unprecedented gap— [REDACTED] — for the general body of customers to fill,” reads the filing by Florida Rising, an affordability group. “The resulting revenue shortfall works out to almost [REDACTED] per residential customer.”
The lawyers made the redactions because of confidentiality requests submitted by Duke Energy, according to a footnote, which adds that Florida Rising doesn’t endorse the black-outs. Duke filed paperwork earlier in the case requesting certain information be kept out of public view, citing contract negotiations and “competitive business interests.”
In response to a question from the Tampa Bay Times about the redactions, Duke Energy noted that no one involved in the case had pushed back against its confidentiality requests.
“As part of the hearing process, any party can request specific information be treated as confidential and or proprietary,” wrote spokesperson Ana Gibbs in an email. “In this case, no party filed any challenges.”
Duke had previously tried to disqualify Florida Rising from the case, but the commission denied that request.
The filings are part of a case that was spurred by the data center requirements Gov. Ron DeSantis signed into law earlier this year. The law, referred to as Senate Bill 484, requires corporate utilities to submit a plan by Oct. 1 for how data centers will cover their own electricity costs to ensure they don’t bleed down onto regular Floridians. The enforcement, though, falls to state utility regulators on the Florida Public Service Commission.
Duke is the only major utility that’s submitted a plan so far, making it a test case for how Florida Power & Light and others might proceed.
Consumer advocates, including Walt Trierweiler, the public counsel appointed by the Legislature, have slammed Duke’s plan as noncompliant with the new law because it doesn’t include any firm rates or fees specific to data centers. Rather, Duke Energy proposes to treat data centers largely the same as any large, corporate power user, and the company pledges that it will propose data center-specific rates in the future, to apply starting in January 2028.
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The company has defended its plan, arguing that it won’t cause bills to go up. If there were any shortfalls, shareholders — not residents — would be on the hook, company officials have said. Duke has also said the new law doesn’t mandate that utilities charge data centers specific fees, only that residents be protected.
“Evaluated as a whole, (Duke)’s proposed framework satisfies that standard,” wrote Duke’s lawyer, Dianne Triplett, in the utility’s Tuesday filing.
Both Florida Rising and the public counsel disagreed.
“(Duke) would have this Commission believe that business as usual is good enough to meet its burden … with tens of billions of dollars at stake,” wrote Trierweiler and Associate Public Counsel Octavio Simoes-Ponce. “(Duke)’s current defiance of the statute serves its overriding goal, which is to attract large load customers, grow rate base, and increase profits.”
Florida Rising, which is represented by Bradley Marshall and Jordan Luebkemann, also wrote that there are several specific data center projects taking shape in Duke’s service territory. Duke previously revealed that it had been approached by data center companies about powering warehouses up to 1,400 megawatts, which would be among the biggest in the world.
As those potential projects inch toward reality, Duke is already spending money on “purchase orders and preparation,” Marshall and Luebkemann wrote. Further information on the proposals is also blacked out.
“From the confidential documents Duke has provided, we know Duke is already incurring costs, including by [REDACTED],” the filing reads.
This is a breaking story. Check back for updates.
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