Florida Public Service Commission native order document 08425-2024

Order No. PSC-2024-0346-CFO-EIFlapubserv

Full text

FILED 8/13/2024
DOCUMENT NO. 08425-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy 	DOCKET NO. 20240025-EI
Florida, LLC. 	ORDER NO. PSC-2024-0346-CFO-EI
ISSUED: August 13 , 2024
-----------------~
ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
REQUEST FOR CONFIDENTIALITY
(DOCUMENT NO. 06943-2024)
On July 10, 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 a Request
for Confidential Classification (Request) of information contained in its Response to the Staff of
the 	Florida 	Public 	Service 	Commission 's 	Seventh 	Set 	of 	Interrogatories 	(Nos. 	74-110)
(Document No. 06943-2024). This request was filed in Docket No. 20240025-EI.
Request for Confidential Classification
DEF contends that the information contained in Document No. 06943-2024 constitutes
proprietary and confidential business information entitled to protection under Section 366.093 ,
F.S., a nd Rule 25-22.006, F.A.C. 	DEF asserts that this information is intended to be a nd is
treated by DEF as private a nd has not been publicly disclosed. Specifically, the information at
issue rela te s to the performance of DEF' s asset optimization program.
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 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:
(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 sa ti sfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
information described above and in DEF 's Request appears to contain 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. 06943-2024 shall
be granted confidential classification.
ORDER NO. PSC-2024-0346-CFO-EI
DOCKET NO. 20240025-EI
PAGE 2
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. 06943-2024 is
granted. It is further
ORDERED that the information in Document No. 06943-2024, 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. 	At the conclusion of the 18-month period, the
confidential information will no longer be exempt from Section 119.07(1), F.S., unless Duke
Energy Florida, LLC or another affected person shows, and the Commission finds, that the
records continue to contain proprietary confidential business information. 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.
DOCKET NO. 20240025-EI
PAGE 3
of By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
______.....:,
SPS
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.
PSC-2024-0346-CFO-EI
13th
August 2024

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.