Order No. PSC-2024-0315-CFO-EG•Florida Public Service Commission native order document 08300-2024
Florida Public Service Commission native order document 08300-2024
Order No. PSC-2024-0315-CFO-EGFlapubserv
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FILED 8/8/2024 DOCUMENT NO. 08300-2024 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Commission review of numeric DOCKET NO. 20240012-EG conservation goals (Florida Power & Light ORDER NO. PSC-2024-0315-CFO-EG Com an ). ISSUED: August 8, 2024 ---~~------------~ ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S REQUEST FOR CONFIDENTIAL CLASSIFICATION (DOCUMENT NO. 07145-2024) On June 21, 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 its response to Florida Rising, Environmental Confederation of Southwest Florida, and League of United Latin American Citizens' First Request for Production of Documents, Nos. 1 and 2 (Document No. 06838-2024). On July 1, 2024 FPL Document No. 07145-2024 to replace 06838-2024. The contents of Document No. 07145-2024 is identical to the contents of Document No. 06838-2024. This request was filed in Docket No.20240012-EG. Request for Confidential Classification FPL contends that the information identified in Exhibit C 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 contends that the information concerns bids or other contractual data, the disclosure of which would impair the competitive business of FPL. FPL argues that such information is entitled to confidential classification pursuant to Section 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 a nd sha ll 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: (d) Security measures, systems, or procedures. (e) Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of the information.
ORDER NO. PSC-2024-0315-CFO-EG DOCKET NO. 20240012-EG PAGE 2 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 described above and in FPL’s Request appears to contain information concerning bids or other contractual data, 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. 07145-2024 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 hereby ORDERED by Commissioner Art Graham, as Prehearing Officer, that Florida Power & Light Company’s Request for Confidential Classification of Document No. 07145-2024 is granted. It is further ORDERED that the information in Document No. 07145-2024, 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 Florida Power & Light Company 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. PSC-2024-0315-CFO-EG DOCKET NO. 20240012-EG PAGE 3 By ORDER of Commissioner Art Graham, as Prehearing Officer, this 8th day of August, 2024. ART GRAHAM 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. JDI 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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