State of Florida		Public Service Commission Capital Circle Office Center ● 2540 Shumard Oak Boulevard Tallahassee, Florida 32399-0850 -M-E-M-O-R-A-N-D-U-M-
DATE:	April 23, 2026
TO:	Office of Commission Clerk (Teitzman)
FROM:	Division of Economics (Ward, Hampson) Office of the General Counsel (Thompson)
RE:	Docket No. 20260051-EI – Petition for approval of revisions to underground residential differential, underground commercial differential, and contribution-in-aid-of-construction tariffs, by Florida Power & Light Company.
AGENDA:	05/05/26 – Regular Agenda – Tariff Suspension – Participation is at the discretion of the Commission
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Administrative
CRITICAL DATES:			06/01/26 (60-Day Suspension Date)
SPECIAL INSTRUCTIONS:			None

Case Background

On April 1, 2026, Florida Power & Light Company (FPL) filed a petition for approval of revisions to its underground residential differential (URD) tariff, commercial differential tariff, and contribution-in-aid-of-construction (CIAC) tariffs. The differential tariffs represent the cost, if any, FPL incurs to provide underground service in place of overhead service. The petition was filed pursuant to Rule 25-6.078(3), Florida Administrative Code (F.A.C.), which states, in part, “If the cost differential as calculated in Form PSC 1031 (8/20) varies from the Commission-approved differential by plus or minus 10 percent or more, the utility shall file a written policy and supporting data and analyses as prescribed in subsections (1), (4), and (5) of this rule on or before April 1 of the following year; however, each utility shall file a written policy and supporting data and analyses at least once every 3 years.” The 10 percent threshold has not been met or exceeded since FPL’s last URD tariff filing was approved in Order No. PSC-2023-0253-TRF-EI.[1] However, since it has been 3 years since FPL last updated its URD tariff, FPL has filed updated URD tariff sheets in the subject docket.

In its petition, FPL is seeking approval to update the cost differential for residential and commercial underground service and their respective associated tariffs. Additionally, FPL is requesting approval of revisions to its CIAC tariffs. Specifically, FPL is seeking approval of clarifications to its CIAC tariff provisions to provide better clarity to customers requesting new or upgraded services and to update the deposit required to prepare a binding cost estimate for underground service.

This recommendation is to suspend the proposed tariffs. The Commission has jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.).

Discussion of Issues

Issue 1:

 Should FPL's proposed underground differential tariffs and CIAC tariffs be suspended?

Recommendation: 

 Yes. The proposed tariffs should be suspended to allow staff sufficient time to review the petition and gather all pertinent information in order to present the Commission with an informed recommendation on the tariff proposals. (Ward)

Staff Analysis: 

 Staff recommends that the proposed tariffs be suspended to allow staff sufficient time to review the petition and gather all pertinent information in order to present the Commission with an informed recommendation on the tariff proposals.

Pursuant to Section 366.06(3), F.S., the Commission may withhold consent to the operation of all or any portion of a new rate schedule, delivering to the utility requesting such a change a reason or written statement of good cause for doing so within 60 days. Staff believes that the reason stated above is a good cause consistent with the requirement of Section 366.06(3), F.S.

Issue 2:

 Should this docket be closed?

Recommendation: 

 This docket should remain open pending the Commission’s decision on the proposed tariffs. (Thompson)

Staff Analysis: 

 This docket should remain open pending the Commission’s decision on the proposed tariffs.

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[1]Order No. PSC-2023-0253-TRF-EI, issued August 21, 2023, in Docket No. 20230045-EI, In re: Petition for approval of revisions to underground residential tariff, underground commercial differential tariff, and overhead to underground conversion tariff, by Florida Power & Light Company.