Florida Public Service Commission native order document 02664-2026

Order No. PSC-2026-0128-CFO-EIFlapubserv

Texte intégral

FILED 5/7/2026
DOCUMENT NO. 02664-2026
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-2026-0128-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. 02693-2020, X-REF, 02723-2020 AND 02830-2020)
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 its responses to the
Office of Public Counsel’s (OPC) 	First Request 	to Produce Documents Nos. 	1-13 and First Set
of Interrogatories Nos. 	1-25 	served on May 	20, 	2020, 	referred 	to 	collectively 	as 	Exhibit A
(Document Nos. 	02693-2020). DEF 	subsequently 	served Supplemental Exhibit A on May 22,
2020, and Second Supplemental 	Exhibit A on May 	29, 2020 (Document Nos. 02723-2020 and
02830-2020). 	These materials were originally granted confidential 	classification by Order No.
PSC-2020-0356-CFO-EI, 	issued October 	9, 2020. 	Confidential 	classification was extended 	for
the 	first time for these documents by Order No. PSC-2022-0230-CFO-EI, issued June 27, 2022.
DEF’s Request 	for Second Extension of Confidential 	Classification was granted by Order No.
PSC-2024-0473 -CFO-EI, issued September 	3, 2024.
Request for Confidential Classification
DEF contends 	that the information contained in portions of its responses 	to OPC’s 	First
Request 	to Produce Documents Nos. 	1-13 and First Set of Interrogatories Nos. 	1-25, Exhibit A,
Supplemental 	Exhibit A and Second 	Supplemental 	Exhibit A, more 	specifically 	described 	in
Exhibit C 	to 	its 	Request, 	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 DEF’s 	responses 	to OPC’s 	First 	Request 	to 	Produce
Documents 	Nos. 	1-13 	and 	First 	Set 	of 	Interrogatories 	Nos. 	1-25, 	Exhibit 	A, 	Supplemental
Exhibit A and Second Supplemental Exhibit A, 	consists of competitive business information of
both DEF and 	third party companies 	as 	well 	as bid proposals and 	contractual 	obligations of
Accelerated 	Decommissioning 	Partners 	CR3, 	LLC 	(ADP 	CR3) 	and 	Accelerated
Decommissioning 	Partners 	SFI, LLC (ADP 	SFI). 	DEF 	states 	that 	this 	material 	is 	both
proprietary 	to DEF and 	is 	subject 	to non-disclosure agreements with both ADP CR3 and ADP
ORDER NO. PSC-2026-0128-CFO-EI
DOCKET NO. 20190140-EI
PAGE 2
SFI. Disclosure of this information would severely limit DEF’s ability to secure similar services
in the future at the lowest possible price. 	For that reason, DEF argues that this information 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 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 	DEF’s 	responses 	contained 	in 	Exhibit 	A,
Supplemental Exhibit A and Second Supplemental Exhibit A, 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. 02693-2020, x-ref. 02723-2020 and 02830-2020, 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 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.
02693-2020, x-ref. 02723-2020 and 02830-2020), is granted, as set forth herein. It is further
ORDER NO. PSC-2026-0128-CFO-EI
DOCKET NO. 20190140-EI
PAGE 3
ORDERED that the information in Document No. 02693-2020, x-ref. 02723-2020 and
02830-2020, for which confidential classification has been granted, shall remain protected from
disclosure for a period of 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.
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
ORDER NO. PSC-2026-0128-CFO-EI
DOCKET NO. 20190140-EI
PAGE 4
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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