Florida Public Service Commission native order document 03136-2026

Order No. PSC-2026-0173-CFO-EIFlapubserv

Gesamter Gesetzestext

FILED 5/27/2026
DOCUMENT NO. 03136-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for determination of need for
Andytown-Oasis transmission lines project in
Broward and Miami-Dade Counties, by Florida
Power & Light Company._
DOCKET NO. 20260020- EI
ORDER NO. PSC-2026-0173-CFO-EI
ISSUED: May 27, 2026
ORDER GRANTING IN PART AND DENYING IN PART
FLORIDA POWER & LIGHT COMPANY’S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO, 02031-2026)
On 	April 	3, 	2026, 	Florida 	Power & 	Light Company 	(FPL) 	filed 	a 	Request 	for
Confidential Classification of Information Contained in 	Its Responses to Environmental Defense
Fund’s First Set of Interrogatories, No. 	11, and First Request for Production of Documents, Nos.
1 	and 	12 	(Request) pursuant 	to 	Section 366.093, 	Florida 	Statutes 	(F.S.), and Rule 	25-22.006,
Florida 	Administrative Code 	(F.A.C.). 	The 	information 	can 	be 	described 	as 	regional 	load
forecasts and voluminous 	files containing transmission system modeling. (Document No. 02031-
2026).
Request for Confidential Classification
FPL 	contends 	that 	the 	information 	contained 	in 	Exhibit A 	of the 	Request 	constitutes
proprietary and confidential business information 	entitled 	to protection under Section 366.093,
F.S., and Rule 25-22.006, F.A.C. FPL argues 	that 	this information relates 	to 	security measures,
systems, 	or procedures, 	the 	disclosure of which would adversely 	affect FPL and 	its customers.
Furthermore, FPL asserts that the information 	is intended to be and 	is treated by FPL as private
and 	has 	not been 	publicly 	disclosed. 	For 	these 	reasons, FPL 	argues 	that 	the 	information 	is
entitled to confidential classification pursuant to Section 366.093(3)(c), F.S.
Ruling
Section 	366.093(1), 	F.S., 	provides 	that 	records 	that 	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:
(c) 	Security measures, systems, or procedures.
ORDER NO. PSC-2026-0173-CFO-EI
DOCKET NO. 20260020-EI
PAGE 2
Upon review, it appears that portions of the above-referenced information in Document
No. 02031-2026, as specifically detailed in Exhibit A of the Request, satisfy the criteria set forth
in Section 366.093(3)(c), F.S., for classification as proprietary confidential business information.
Specifically, the transmission system modeling information in FPL’s response to Environmental
Defense Fund, Inc.’s (EDF) First Request for Production of Documents No. 1 as described above
appears to constitute “security measures, systems, or procedures.” Thus, the information
identified 	in 	this 	subpart 	of 	Document 	No. 	02031-2026 	shall 	be 	granted 	confidential
classification.
In addition, portions of the regional load forecasts contained in the Excel spreadsheet
attachments to FPL’s responses to EDF Interrogatory No. 11 and EDF Production of Document
Request No. 12, also fall within the bounds of proprietary confidential business information
related to security measures, systems, or procedures. Specifically, for the Interrogatory No. 11
attachment, cells C11 through J21 and L11 through L21. And for Production of Document No.
12’s attachment, specifically cells B6 through K10. Release of this information could result in
harm to FPL’s assets and thus its ability to serve ratepayers. Therefore, confidentiality of
Document No. 02031-2026 shall also be granted in relation to the portions of the attached Excel
spreadsheets specifically identified here. However, it is unclear how disclosure of the remaining
information contained in these subparts would result in harm to FPL’s assets and thus
confidential classification of the remaining information is unwarranted and shall be denied.
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.
Pursuant to Rule 25-22.006(10), F.A.C., the material for which confidential classification
is denied shall remain protected from disclosure until the time for filing an appeal has expired.
FPL or another person may request continued confidential treatment until judicial review is
complete by filing such request in writing with the Office of Commission Clerk. The material
will thereafter receive confidential treatment through completion of judicial review.
Based on the foregoing, it is hereby
ORDERED by Commissioner Bobby Payne as Prehearing Officer, that Florida Power &
Light Company’s Request for Confidential Classification of Document No. 02031-2026 is
GRANTED IN PART and DENIED IN PART as set forth herein. It is further
ORDERED that the information in Document No. 02031-2026 for which confidential
classification was 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
ORDER NO. PSC-2026-0173-CFO-EI
DOCKET NO. 20260020-EI
PAGE 3
ORDERED that the information in Document No. 02031-2026 for which confidential
classification was denied shall remain protected from disclosure until the time for filing an
appeal has expired. It is further
ORDERED that within seven days of either the expiration of the time for filing an appeal
of this Order or the conclusion of an appeal of this Order, whichever occurs later, Florida Power
& Light Company shall file an appropriately revised public version of Document No. 02031-
2026 with the Commission Clerk. 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.
By ORDER of Commissioner Bobby Payne, as Prehearing Officer, this 27th
day of May, 2026.
BOBBY PAYNE
Commissioner 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.
CMM
ORDER NO. PSC-2026-0173-CFO-EI
DOCKET NO. 20260020-EI
PAGE 4
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission (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. 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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