Order No. PSC-2024-0498-CFO-EI•Florida Public Service Commission native order document 10241-2024
Florida Public Service Commission native order document 10241-2024
Order No. PSC-2024-0498-CFO-EIFlapubserv
Gesamter Gesetzestext
FILED 12/16/2024
DOCUMENT NO. 10241-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Environmental cost recovery clause.
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DOCKET NO. 20240007-EI
ORDER NO. PSC-2024-0498-CFO-EI
ISSUED: December 16 , 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
{DOCUMENT NOS. 12478-2021, X-REF. 03969-2018)
On November 22, 2024, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule
25-22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed
its Second Request for Extension of Confidential Classification of documents contained in the
sta ff s Audit Control No. 2018-036-4-1. Specifically, FPL seeks extended confidential
classification of Document Nos. 12478-2021 , x-ref. 03969-2018.
Request for Confidential Classification
FPL' s original request for confidential treatment of information was granted by Order
No. PSC-2018-0525-CFO-EI, issued on November 2, 2018. FPL asserts that a ll of the
information that was the subject of Order No. PSC-2018-0525-CFO-EI warrants continued
treatment as proprietary and confidential business information.
FPL contends that Document No s. 12478-2021 , x-ref. 03969-2018, contain certain
information that constitutes "proprietary confidential business information" entitled to protection
under Section 366.093, F.S ., and Rule 25-22.006, F.A.C. FPL states that this information is
intended to be and is treated by FPL as private and has not been publicly disclosed.
FPL further contends that Document Nos. 12478-2021 , x-ref. 03969-2018, contain
information concerning contractual data and information relating to competitive interests, the
disclosure of which would impair the efforts of FPL or its affiliates to contract for goods of
services on favorable terms, and that this information is protected by Section 366.093(3)(d) and
(e), F. S.
Ruling
Section 366.093(1 ), F .S., provides that records the Florida Public Service Commission
(Commission) has found to contain proprietary business information sha ll be kept confidential
and shall be exempt from Chapter 119, F.S. Section 366.093(3), F.S., defines proprietary
confidential business information as information that is intended to be and is treated by the
company as private, in that disclosure of the information would cause harm to the company's
ratepayers or business operations, and ha s not been voluntarily disclosed to the public. SectionORDER NO. PSC-2024-0498-CFO-EI DOCKET NO. 20240007-EI PAGE 2 366.093(3), F.S., provides that proprietary confidential business information includes, but is not limited to: (d) Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the public utility or its affiliates to contract for goods or services on favorable terms. (e) Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of information. Upon review, it appears that the information satisfies the criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential business information. The information appears to contain information concerning bids or other contractual data, and information relating to competitive interests. The disclosure of these documents would impair FPL’s efforts to contract for goods or services on favorable terms, and would impair the competitive business of the provider of information. Thus, the information identified in Document Nos. 12478-2021, x-ref. 03969-2018, shall be granted a continuation of confidential classification. Pursuant to Section 366.093(4), F.S., the information for which confidential classification is granted herein shall remain protected from disclosure for a period of up to 18 months from the date of issuance of this Order. At the conclusion of the 18-month period, the confidential information will no longer be exempt from Section 119.07(1), F.S., unless FPL or another affected person shows, and the Commission finds, that the records continue to contain proprietary confidential business information. Based on the foregoing, it is hereby ORDERED by Commissioner Gabriella Passidomo Smith, as Prehearing Officer, that Florida Power & Light Company’s Second Request for Extension of Confidential Classification of the information contained in Document Nos. 12478-2021, x-ref. 03969-2018, is granted. It is further ORDERED that the information in Document No. 12478-2021, x-ref. 03969-2018, for which confidential classification has been granted, shall remain protected from disclosure for a period of up to 18 months from the date of this Order. It is further ORDERED that this Order shall be the only notification by the Commission to the parties of the date of declassification of the materials discussed herein.
ORDER NO. PSC-2024-049 8-CFO-EI DOCKET NO. 20240007-EI PAGE3 By ORDER of Commissioner G abriella Passidomo Smith, as Prehearing Officer, this __ day of ____________ JDI Gabriella Passidomo Smith Commissioner and Prehearing Officer Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. 1 6 th December 2024
ORDER NO. PSC-2024-0498-CFO-EI DOCKET NO. 20240007-EI PAGE 4 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure.
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