Florida Public Service Commission native order document 07805-2024

FILED 7/24/2024
DOCUMENT NO. 07805-2024
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-2024-0262-CFO-EI
ISSUED: July 24, 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
{DOCUMENT NO. 03170-2022)
On July 11, 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 its
First Request for Extension of Confidential Classification (Request) of certain information
provided pursuant to Audit No. 2022-003-4-2 (Document No. 03170-2022). 	This information
was originally granted confidentiality by Order No. PSC-2023-0037-CFO-EI, issued January 11 ,
2023.
Request for Confidential Classification
FPL contends that the information provided pursuant to Audit No. 2022-003-4-2 contains
information of a confidential nature, which is proprietary confidential business information
within the meaning of Section 366.093(3), Florida Statutes.
FPL contends that the information is proprietary and confidential business information
within the meaning of Section 366.093(3), F.S. This information is intended to be and is treated
by FPL as private, and its confidentiality has been maintained. Pricing and other terms, payment
records, and vendor and supplier rates, as well as information related to the purchase and sale of
energy and capacity, natural gas, and natural gas storage are included in this information. 	FPL
contends that the disclosure of this data would impair FPL' s efforts to contract for energy and
capacity-related goods 	and 	services 	on 	the 	most 	favorable 	terms 	and 	would 	impair 	the
competitive interests of both FPL and its counterparties. Thus, FPL contends that this material 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 di sclosed to the public. 	Section
366.093(3), F.S., provides that proprietary confidential business information includes, but is not
limited to:

ORDER NO. PSC-2024-0262-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 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 information related to pricing terms and payment records
appears 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. 03170-2022, 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 unless good cause is shown that protection from disclosure shall be
for a specified longer period. 	Currently, the Commission retains audit reports for a period of
seven years at which time the audit materials are returned to FPL unless Commission staff or
another affected person requests that the audit materials continue to be retained. 	The nature of
these materials will not change in the next 36 months. 	Therefore, granting an additional 36
month confidentiality extension will promote administrative efficiency. At the conclusion of the
36 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 hereby
ORDERED by Gabriella Passidomo, Prehearing Officer, that Florida Power & Light
Company’s First Request for Extension of Confidential Classification of Document No. 03170-
2022, is granted. 	It is further
ORDERED that the information in Document No. 03170-2022, for which confidential
classification has been granted, shall remain protected from disclosure for a period of up to 36
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.

PSC-2024-0262-CFO-EI
24th
July 2024
ORDER NO.
DOCKET NO. 2024000 I-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this _ 	_ 	day
of - 	------
SBr
Gabriella Passidomo
Commissioner and Prebearing 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 wil l be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. 	[f 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: ( l ) reconsideration within l O 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. I 00. Florida Rules of Appellate
Procedure.