Order No. PSC-2026-0170-CFO-EI•Florida Public Service Commission native order document 03133-2026
Florida Public Service Commission native order document 03133-2026
Order No. PSC-2026-0170-CFO-EIFlapubserv
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FILED 5/27/2026 DOCUMENT NO. 03133-2026 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-2026-0170-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, 01692-2026) On March 20, 2026, Florida Power & Light Company (FPL) filed a Request for Confidential Classification of Information Contained in Its Responses to Staffs First Set of Interrogatories, Nos. 2, 8, and 15, and First Request for Production of Documents, No. 1 (Request) pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25-22.006, Florida Administrative Code (F.A.C.). The information in Document No. 01692-2026 can be identified and described as follows: (1) FPL’s response to Staffs First Set of Interrogatories (ROGs) Nos. 8 and 15, which have system impact data for certain scenarios; (2) The attachment to FPL’s response to ROG No. 2, which has the results of contingency analyses conducted by FPL; and (3) FPL’s response to Staffs First Request for Production of Documents (PODs) No. 1, which is workpapers and contains documents identical to those in Document No. 01501-2026 (such as Attachment 7 and Exhibit MAY-4). 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
ORDER NO. PSC-2026-0170-CFO-EI DOCKET NO. 20260020-EI PAGE 2 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. Upon review, it appears that portions of the above-referenced information in Document No. 01692-2026, 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 information in FPL’s responses to ROGs Nos. 8 and 15 as described above appears to constitute “security measures, systems, or procedures.” Thus, the information identified in those subparts of Document No. 01692-2026 shall be granted confidential classification. In addition, the results of the contingency analyses contained in the attachment to FPL’s response to ROG No. 2, which can be found in rows 4 through 8, also fall within the bounds of proprietary confidential business information contemplated by Section 366.093(3)(c), F.S. Release of this information could result in harm to FPL’s assets and thus its ability to serve ratepayers. Therefore, confidentiality of Document No. 01692-2026 shall also be granted in relation to rows 4 through 8 of the attachment to FPL’s response to ROG No. 2. However, it is unclear how disclosure of the remaining information contained in this subpart would result in harm to FPL’s assets and thus confidential classification of the remaining information is unwarranted and shall not be granted. Lastly, FPL’s response to POD No. 1, includes Attachment 7 and Exhibit MAY-4 (which were both addressed elsewhere in my review of Document No. 01501-2026). Each of these subparts contain some material that falls within the bounds of proprietary confidential business information related to security measures, systems, or procedures. For Attachment 7, this includes only rows 4 through 7 of the first table, the text contained in the first two rows of the space between the tables, and rows 4 through 24 of the second table. For Exhibit MAY-4, this includes the information in rows 3 through 8. Release of this information could result in harm to FPL’s assets and thus its ability to serve ratepayers. Therefore, confidentiality of Document No. 01692- 2026 shall also be granted for FPL’s response to POD No. 1 in relation to the specific portions just described. However, it is unclear how disclosure of the remaining information contained in those subparts would result in harm to FPL’s assets and thus confidential classification of the remaining information is unwarranted and shall not be granted. This is consistent with my disposition of confidential material in Document No. 01501-2026, which features identical documents. 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
ORDER NO. PSC-2026-0170-CFO-EI DOCKET NO. 20260020-EI PAGE 3 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. 01692-2026 is GRANTED IN PART and DENIED IN PART as set forth herein. It is further ORDERED that the information in Document No. 01692-2026 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 ORDERED that the information in Document No. 01692-2026 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. 01692- 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.
ORDER NO. PSC-2026-0170-CFO-EI DOCKET NO. 20260020-EI PAGE 4 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 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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