Florida Public Service Commission native order document 02670-2026

Order No. PSC-2019-0380-CFO-EIFlapubserv

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FILED 5/7/2026
DOCUMENT NO. 02670-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition to approve transaction for 	DOCKET NO. 20190140-EI
accelerated decommissioning services at CR3 	ORDER NO. PSC- 2026-01 33-CFO-EI
facility, transfer of title to spent fuel and 	ISSUED: May 	7, 2026
associated assets, and assumption of operations
of CR3 	facility pursuant to the NRC license,
and request for waiver from future application
of Rule 25-6.04365, F.A.C. 	for nuclear
decommissioning study, by Duke Energy
Florida, LLC._
ORDER GRANTING DUKE ENERGY FLORIDA. LLC’S
THIRD REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO, 05595-2019, X-REF. 05439-2019)
On February 27, 2026, 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 	its Third
Request for Extension of Confidential Classification (Request) of portions of Exhibit No. TH-1
attached 	to 	the 	testimony 	of Terry Hobbs 	(Document 	No. 	05439-2019). 	This 	request 	for
confidentiality was amended on 	July 	16, 2019, 	to 	include 	additional pages 	attached 	to Exhibit
No. TH-1 (Document No. 05595-2019, Amended Request). 	The Amended Request was granted
confidentiality by Order No. PSC-2019-0380-CFO-EI, 	on 	September 	17, 	2019. 	DEF’s 	First
Request for Extension of Confidential 	Classification 	for 	this material was granted by Order No.
PSC-2022-023 8-CFO-EI, 	issued 	June 	27, 	2022. 	DEF’s 	Second 	Request 	for 	Extension 	of
Confidential Classification for 	this material was granted by Order No. PSC-2024-0390-CFO-EI,
issued September 	3, 2024.
Request for Confidential Classification
DEF 	states 	that nothing has changed 	since 	the issuance of Order No. PSC-2022-0238-
CFO-EI and that 	the information contained in Exhibit TH-1 	attached 	to 	the testimony of Terry
Hobbs, 	more 	specifically 	described 	in 	Exhibit C 	to 	its 	Requests, 	continues 	to 	constitute
proprietary 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.
The 	information 	contained 	in 	Exhibit 	No. 	TH-1 	consists 	of 	portions 	of 	the
Decommissioning Services Agreement between DEF and ADP CR3, LLC and ADP SF1, LLC.
The portions of the contract that DEF requests be held confidential 	are the terms and conditions
for decommissioning 	activities 	related 	to 	the accelerated decommissioning of the CR3 	nuclear
power 	plant 	including 	pricing 	methodologies, 	costs/savings, 	and 	indemnification 	obligations.
DEF 	states that 	it 	is contractually obligated not to share 	this information and that doing so would
make 	it 	difficult to negotiate 	contracts 	in 	the 	future 	to 	the detriment of 	its 	ratepayers. 	For 	that
reason, DEF argues that this information 	is protected by Sections 366.093(3)(d) and (e), F.S.
ORDER NO. PSC-2026-0133-CFO-EI
DOCKET NO. 20190140-EI
PAGE 2
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 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.
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 contained in Exhibit TH-1, if disclosed, could adversely impact
DEF’s competitive interests as well as the competitive interests of its vendors. 	Thus, the
information identified in Document No. 05595-2019, x-ref. 05439-2019, shall be granted
continued 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 Mike La Rosa, as Prehearing Officer, that Duke Energy
Florida, LLC’s Third Request for Extension of Confidential Classification of Document No.
05595-2019, x-ref. 05439-2019, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 05595-2019, x-ref. 05439-2019, 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.
ORDER NO. PSC-2026-0133-CFO-EI
DOCKET NO. 20190140-EI
PAGE 3
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 7th day of May,
2026.
MIKE LA ROSA
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.
SBr
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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