Florida Public Service Commission native order document 08413-2024

Order No. PSC-2024-0334-CFO-EIFlapubserv

Texte intégral

FILED 8/13/2024
DOCUMENT NO. 08413-2024
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-2024-0334-CFO-EI
ISSUED: August 13 , 2024
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ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
REQUEST FOR CONFIDENTIALITY
(DOCUMENT NOS. 03059-2024 AND 03914-2024)
On June 3, 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 	and
Supplemental Response to Sierra Club's Second Set of Interrogatories and Second Request for
Production of Documents (Document Nos. 03059-2024 and 03914-2024). This request was filed
in Docket No. 20240025-EI.
Request for Confidential Classification
DEF contends that the information contained in Document Nos. 03059-2024 and 03914-
2024 constitute proprietary and confidential business information entitled to protection under
Section 366.093, F.S., and Rule 25-22.006, F.A.C. DEF asserts that this information is intended
to be and is treated by DEF as private and has not been publicly disclosed. More specifically, this
information 	relates 	to 	DEF's 	forecasted 	tax 	credits, 	transmission 	and 	plant 	expansion
information, interconnection costs for recent solar installations, capacity sales, proposals for firm
native load capacity, counterparties to capacity contracts, and transmission planning.
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 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.
(e) 	Information relating to competitive interests, the disclosure of which would
impair the competitive business of the provider of the information.
ORDER NO. PSC-2024-0334-CFO-EI
DOCKET NO. 20240025-EI
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 DEF’s Request appears to contain information concerning
bids or other contractual data, the disclosure of which would impair the efforts of DEF 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 Nos. 03059-2024 and
03914-2024 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 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 Nos. 03059-2024
and 03914-2024 is granted. It is further
ORDERED that the information in Document Nos. 03059-2024 and 03914-2024, 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.
PSC-2024-0334-CFO-EI
13th
August 2024
ORDER NO.
DOCKET NO. 20240025-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of ------~
MRT
Gabriella Passidomo
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak BouJevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
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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 JU DICIAL 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: ( l) reconsideration within IO 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 fina l 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 RuJes of Appellate
Procedure.

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