Order No. PSC-2024-0412-CFO-EI•Florida Public Service Commission native order document 08895-2024
Florida Public Service Commission native order document 08895-2024
Order No. PSC-2024-0412-CFO-EIFlapubserv
Texte intégral
FILED 9/6/2024
DOCUMENT NO. 08895-2024
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-2024-0412-CFO-EI
ISSUED: September 6, 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 02131-2022)
On October 20, 2023, pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Code (F .A.C.), Duke Energy Florid a, LLC (DEF) filed its First
Request for Extension of Confidential Classification (Request) of information contained in its
responses to Office of Public Counsel's (OPC) Second Set of Interrogatories No. 13 and OPC's
Second Request to Produce Documents Nos. 5, 7, and 10 (Document No. 02131-2022). This
material was first granted confidentiality by Order No. PSC-2022-0161-CFO-EI, issued April 27,
2022.
Request for Confidential Classification
DEF contends that certain information contained in OPC's Second Set of Interrogatories
No. 13 and OPC's Second Request to Produce Documents Nos. 5, 7, and 10, submitted as
Exhibit A to the Request, is proprietary confidential business information within the meaning of
Section 366.093(3), F.S., and requires confidential classification.
DEF 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
as confidential by DEF, and the information has not been disclosed to the public. More
specifically, the information at issue relates to Siemens' claimed proprietary and confidential
contractual information regarding its Bartow Unit 4 combustion turbines. DEF asserts that if it
cannot demonstrate to its third-party partners that DEF has the ability to protect those third-
parties' confidential and proprietary business information, it will be less likely that DEF can
secure contracts that benefit its customers. Therefore, DEF contends that this information is
protected by Section 366.093(3)(e), F.S. Further, releasing the bid and contract data would
impair the competitive businesses of DEF in violation of 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
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:ORDER NO. PSC-2024-0412-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 service 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 above-referenced information continues to satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential business information. The information described above appears to be information concerning bids or other contractual data, the disclosure of which could impair the competitive business of DEF. Thus, the information identified in Document No. 02131-2022 shall be granted extended 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 Subsection 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 Gabriella Passidomo, as Prehearing Officer, that Duke Energy Florida, LLC’s First Request for Extension of Confidential Classification for the information contained in its responses to OPC’s Second Set of Interrogatories No. 13 and OPC’s Second Request to Produce Documents Nos. 5, 7, and 10, Document No. 02131-2022, is granted. It is further ORDERED that the information in Document No. 02131-2022, 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.
PSC-2024-0412-CFO-EI 6th September 2024 ORDER NO. DOCKET NO. 2024000 I-EI PAGE3 By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day of _ ______, ____ _ SBr Gabriel la Passidomo 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. 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 adm inistrative 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 pa1ty adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: ( 1) 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 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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