Florida Public Service Commission native order document 09658-2024

FILED 10/24/2024
DOCUMENT NO. 09658-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
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DOCKET NO. 20240001-EI
ORDER NO. PSC-2024-0458-CFO-EI
ISSUED: October 24, 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LLC'S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 07934-2024)
On July 26, 2024, 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
Request for Confidential Classification (Request) of portions of the direct testimony of James
McClay and DEF's 2025 Risk Management Plan, including attachments A-G (Document No.
07934-2024).
Request for Confidential Classification
DEF contends that the information contained in portions of the direct testimony of James
McClay and DEF 's 2025 Risk Management Plan, including attachments A-G, more specifically
described in Exhibit C to its Request, 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 	James 	McClay's 	testimony 	and 	DEF's 	2025 	Risk
Management Plan contains forecasted 	natural gas 	volumes, 	hedging percentages, 	internal
policies and guidelines, collateral summaries, and unrealized forecasted hedge values. 	DEF
contends that the disclosure of this information would impair its efforts to negotiate fuel supply
contracts in the future on the most favorable terms possible. DEF argues that this information is
protected by Sections 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 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:

ORDER NO. PSC-2024-0458-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
(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 satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
information contained in James McClay’s testimony and DEF’s 2025 Risk Management Plan, if
disclosed, could adversely impact DEF’s competitive interests and will also impair DEF’s ability
to enter into the most cost effective contracts with its fuel suppliers. Thus, the information
identified in Document No. 07934-2024 shall be granted 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 Gabriella Passidomo, as Prehearing Officer, that Duke
Energy Florida, LLC’s Request for Confidential Classification of Document No. 07934-2024, is
granted, as set forth herein. It is further
ORDERED that the information in Document No. 07934-2024, 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.

ORDERNO. PSC-2024-0458-CFO-EI
DOCKET NO. 20240001-EI
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By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of ________,
SBr
Gabriella Passidomo
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.
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.
24th
October 2024