Florida Public Service Commission native order document 09714-2024

FILED 10/29/2024
DOCUMENT NO. 09714-2024
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-2024-0461-CFO-EI
ISSUED: October 29, 2024
ORDER GRANTING FLORIDA PUBLIC UTILITIES COMPANY' S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
{DOCUMENT NO. 09518-2024)
On October 14, 2024, pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Florida Public Utilities Company (FPUC) filed a
Request for Confidential Classification (Request) of portions of materials contained in its
response to Staffs First Request for Documents No. 1 (Document No. 09518-2024).
Request for Confidential Classification
FPUC contends that portions of the information contained in its respon se to St affs First
Request for Documents No. 1 constitutes proprietary confidential business information entitled
to protection under Section 366.093, F.S., and Rule 25-22.006, F.A.C. FPUC asserts that this
information is intended to be and is treated by FPUC as private and has not been publicly
disclosed.
The information contained in FPUC' s respon se to Staffs First Request for Documents
No. 1 consists of the M ay 2024 All Requirements Power and Energy Agreement (Agreement)
with Florida Power & Light Company and the August 2024 First Amendment to that Agreement.
Section 17( q) of the Agreement states that the pricing and delivery terms of the Agreement will
be treated as trade secrets under Florida law. 	FPUC argues that this information, if disclosed,
would adversely affect the Company, violate the terms of the Agreement, and impair the ability
of FPUC to negotiate similar contracts in the future. Thus, FPUC sta te s that this information is
protected by Paragraphs 366.093(3)(a) and (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 sha ll 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:
(a) 	Trade secrets.

ORDER NO. PSC-2024-0461-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 services on favorable terms.
Upon review, it appears the information and data provided in this request satisfies the
criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential
business information. The information regarding FPUC’s May 2024 All Requirements Power
and Energy Agreement and the August 2024 First Amendment to that Agreement appears to be
“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”
and a trade secret. Thus, the information identified in Document No. 09518-2024 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 FPUC 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 Florida
Public Utilities Company’s Request for Confidential Classification of Document No. 09518-
2024, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 09518-2024, 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. 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-2024-0461-CFO-EI
29th
October 2024
ORDER NO.
DOCKET NO. 20240001-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of -------
SBr
Gabriella 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.
NOT ICE 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 we ll 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 ru ling or ord er 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.