Florida Public Service Commission native order document 08806-2024

FILED 9/3/2024
DOCUMENT NO. 08806-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition to approve transaction for
accelerated decommissioning services at CR3
facility, transfer of title to spent fuel and
associated assets, and assumption of operations
of CR3 facility pursuant to the NRC license,
a nd request for waiver from future application
of Rule 25-6.04365, F.A.C. for nuclear
decommissioning study, by Duke Energy
Florida, LLC.
DOCKET NO. 20190140-EI
ORDER NO. PSC-2024-0390-CFO-EI
ISSUED: September 3, 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LLC'S
SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 05595-2019, X-REF. 05439-2019)
On December 21, 2023, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule
25-22.006, Florida Administrative Code (F.A.C.), Duke Energy Florida, LLC (DEF) filed its
Second Request for Extension of Confidential Classification (Request) of portions of Exhibit No.
TH-1 attached to the testimony of Terry Hobbs (Document No. 05439-2019). 	This request for
confidentiality was amended on July 16, 2019, to include additional pages attached to Exhibit
No. TH-1 (Document No. 05595-2019, Amended Request). 	The Amended Request was granted
confidentiality by Order No. PSC-2019-0380-CFO-EI, on September 17, 2019. 	DEF' s First
Request for Extension of Confidential Classification for this material was granted by Order No.
PSC-2022-0238-CFO-EI, issued June 27, 2022.
Request for Confidential Classification
DEF states that nothing has changed since the issuance of Order No. PSC-2022-0238-
CFO-EI and that the information contained in Exhibit TH-1 attached to the testimony of Terry
Hobbs, more 	specifically described 	in 	Exhibit C to 	its Requests, 	continues to constitute
proprietary confidential business information entitled to protection under Section 366.093, F.S.,
and Rule 25-22.006, F.A.C. DEF asserts that this information is intended to be and is treated by
DEF as private and has not been publicly disclosed.
The 	information 	contained 	in 	Exhibit 	No. 	TH-1 	consists 	of 	portions 	of 	the
Decommissioning Services Agreement between DEF and ADP CR3, LLC and ADP SFl, LLC.
The portions of the contract that DEF requests be held confidential are the terms and conditions
for decommissioning activities related to the accelerated decommissioning of the CR3 nuclear
power plant including pricing methodologies, costs/savings, and indemnification obligations.
DEF states that it is contractually obligated not to share this information and that doing so would
make it difficult to negotiate contracts in the future to the detriment of its ratepayers. 	For that
reason, DEF argues that this information is protected by Sections 366.093(3)(d) and (e), F.S.

ORDER NO. PSC-2024-0390-CFO-EI
DOCKET NO. 20190140-EI
PAGE 2
Ruling
Section 366.093(1), F.S., provides that records the Florida Public Service Commission
(Commission) has found to contain proprietary business information shall 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 has not been voluntarily disclosed to the public. 	Section
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 the information.
Upon review, it appears the above-referenced information continues to satisfy the criteria
set forth in Section 366.093(3), F.S., for classification as proprietary confidential business
information. 	The information contained in Exhibit TH-1, if disclosed, could adversely impact
DEF’s competitive interests as well as the competitive interests of its vendors. 	Thus, the
information identified in Document No. 05595-2019, x-ref. 05439-2019, shall be granted
continued 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 DEF 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 Chairman Mike La Rosa, as Prehearing Officer, that Duke Energy
Florida, LLC’s Second Request for Extension of Confidential Classification of Document No.
05595-2019, x-ref. 05439-2019, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 05595-2019, x-ref. 05439-2019, for
which confidential classification has been granted, shall remain protected from disclosure for a
period of up to 18 months from the date of issuance 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-2024-0390-CFO-EI
DOCKET NO. 20190140-EI
PAGE 3
By ORDER of Chairman Mike La Rosa, as Prehearing Officer, this 3rd day of
September, 2024.
Mike La Rosa
Chairman and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(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.
SBr
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.