Order No. PSC-2024-0089-CFO-EI•Florida Public Service Commission native order document 01611-2024
Florida Public Service Commission native order document 01611-2024
Order No. PSC-2024-0089-CFO-EIFlapubserv
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FILED 4/4/2024 DOCUMENT NO. 01611-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Request for confidentiality of information contained in Earnings Surveillance Reports for December 2023, by Florida Power & Li ht Com an . DOCKET NO. 20240034-EI ORDER NO. PSC-2024-0089-CFO-EI ISSUED: April 4, 2024 ORDER GRANTING FLORIDA POWER & LIGHT COMPANY'S REQUEST FOR CONFIDENTIAL CLASSIFICATION OF DOCUMENT NO. 00728-2024 On February 15 , 2024, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25- 22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed a Request for Confidential Classification (Request) of information contained in FPL 's Earnings Surveillance Reports for December 2023. Specifically, FPL seeks confidential classification of Document No. 00728-2024. Request for Confidential Classification FPL contends that Document No. 00728-2024 contains certain information that constitutes "proprietary and confidential business information" entitled to protection under Section 366.093, F .S. FPL states that this information is intended to be and is treated by FPL as private, its confidentiality has been maintained, and its disclosure would cause harm to FPL and its customers. FPL further contends that Document No. 00728-2024 contains information concerning contractual data, the disclosure of which would impair the efforts of FPL or its vendors to enter transactions for services on favorable terms. FPL asserts that this information is entitled to confidential classification pursuant to Section 366.093(3)(d), 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 Section 119.07(1), 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 di sclosure 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. 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
ORDERNO. PSC-2024-0089-CFO-EI DOCKETNO. 20240034-EI PAGE 2 information described above and in FPL's Request appears to concern contractual data, the disclosure of which would impair the efforts of FPL or its vendors to enter transactions for services on favorable terms. Thus, the information identified in DocumentNo. 00728-2024 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 FPL 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 ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Florida Power & Light Company's Request for Confidential Classification of Document No. 00728- 2024 is granted. It is further ORDERED that the information in Document No. 00728-2024, 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. It is further ORDERED that this docket shall be closed. By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day of ------� DDS Gabriella Passidomo 1' 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. 4th April 2024·-·
ORDER NO. PSC-2024-0089-CFO-EI DOCKET NO. 20240034-EI PAGE 3 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.
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