Florida Public Service Commission native order document 03255-2026

FILED 6/1/2026
DOCUMENT NO. 03255-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery 	DOCKET NO. 20260001 -EI
clause with generating performance incentive 	ORDER NO. PSC-2026-01 88-CFO-EI
factor._ ISSUED: June 	1, 2026
ORDER GRANTING DUKE ENERGY FLORIDA. LLC’S THIRD
REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO, 11612-2020, X-REF. 11211-2020)
On January 	12, 2026, 	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
Third Request 	for 	Extension 	of Confidential 	Classification 	(Request) 	of the 	Florida 	Public
Service Commission’s (Commission) Order No. PSC-2020-0368-FOF-EI, 	issued October 	15,
2020 (Document No. 	11612-2020, 	x-ref. 	11211-2020). 	Confidentiality was 	originally granted
to 	this 	order by 	Order No. 	PSC-2020-0431-CFO-EI, 	issued November 	10, 	2020, 	and was
extended by Order No. PSC-2023-0013-CFO-EI, issued January 	5, 2023. The second extension
of confidentiality 	for 	this material was granted by Order No. 2024-0241 -CFO-EI, 	issued July
15, 2024.
Request 	for Confidential 	Classification
DEF 	contends 	that 	the 	information 	contained 	in Order No. PSC-2020-0368-FOF-EI,
more 	specifically 	described 	in 	Exhibit C 	to 	its 	Request, 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 Order No. PSC-2020-0368-FOF-EI consists of operational,
design, and cost infonnation 	associated with 	the Mitsubishi steam turbine connected 	to DEF’s
Bartow Unit 4 power plant which 	is proprietary to Mitsubishi. 	Order No. PSC-2020-0368-FOF-
EI also includes the Administrative Law Judge’s Recommended Order and Duke Energy Florida,
LLC’s, 	the 	Intervenors’, and Commission 	staffs Proposed Recommended Orders which have
previously been granted confidential 	status. 1 Disclosure of Order No. PSC-2020-0368-FOF-EI
would reveal 	this 	proprietary 	third-party owned 	information 	resulting 	in competitive harm 	to
Mitsubishi 	and 	potentially 	impairing DEF's 	ability 	to 	contract 	for 	goods 	and 	services 	on
favorable 	terms 	in 	the 	future 	as vendors would 	refuse 	to do business with DEF 	if DEF could
not 	protect 	their 	infonnation. 	DEF 	argues 	that 	this 	information 	is 	protected 	by 	Sections
366.093(3)(d) and 	(e), 	F.S.
1 Order No. PSC-2020-0377-CFO-EI, 	issued October 	16, 2020, 	in Docket No. 20200001-EI, In 	re: Fuel and
purchased power cost recovery clause with generating performance incentive factor; Order No. PSC-2020-0376-
CFO-EI, issued October 	16, 2020, 	in Docket No. 20200001-EI, In 	re: Fuel and purchased power cost recovery
clause with generating performance incentive factor.

ORDER NO. PSC-2026-0188-CFO-EI
DOCKET NO. 20260001-EI
PAGE 2
Ruling
Section 366.093(1), F.S., provides that records the 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 information and data provided in this request continues to
satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary
confidential business information. The operational, design, and cost information for the DEF’s
Bartow Unit 4 power plant discussed in Order No. PSC-2020-0368-FOF-EI appear to be
“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”
and “information relating to competitive interests, the disclosure of which would impair the
competitive business of the provider of the information.” Thus the information identified in
Document 	No. 	11612-2020, 	x-ref. 	11211-2020, 	shall 	be 	granted 	extended 	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 	Commissioner Gary F. Clark, 	as Prehearing Officer, that 	Duke
Energy Florida, LLC's Third 	Request for Extension of Confidential 	Classification of
Document No. 11612-2020, x-ref. 11211-2020, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 11612-2020, x-ref. 11211-2020,
for which 	confidential 	classification 	has 	been 	granted, 	shall 	remain 	protected 	from

ORDER NO. PSC-2026-0188-CFO-EI
DOCKET NO. 20260001-EI
PAGE 3
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.
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 1st day of June,
2026.
GARY F. CLARK
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.
SBr

ORDER NO. PSC-2026-0188-CFO-EI
DOCKET NO. 20260001-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.