The Legislature effectively stifled Duke's future proposals in Florida by not acting on the company's request to legalize merchant power plants. The legislative session ended May 4.

Duke's efforts were vigorously opposed by market share leaders Florida Power Corp., Florida Power & Light Co. and Tampa Electric Co.

The Florida Supreme Court last year ruled merchant plants that sell electricity on the open wholesale market aren't legal and couldn't compete with state-regulated utility firms. Duke sought to overturn that ruling.

Duke had planned to build a $160 million, 514-megawatt plant in New Smyrna Beach, 60 miles north of Downtown Orlando. The company also had previously tried to convince nearby Lake County politicians to OK a $180 million, 640-megawatt plant on 360 rural acres in Eustis, FL, 30 miles northwest of Orlando, and at two separate sites in Leesburg, FL, 45 miles northwest of Orlando.

Activist groups such as the Citizens Against Merchant Power opposed Duke's proposals at every location.

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