Florida Public Service Commission native order document 09091-2024

FILED 9/19/2024
DOCUMENT NO. 09091-2024
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-2024-0428-CFO-EI
ISSUED: September 19 , 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION (DOCUMENT NOS. 00962-2020, 00963-2020,
00964-2020, 00967-2020 to 00979-2020, and 00981-2020 to 00983-2020)
On October 19, 2023, 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 it s
Second Request for Extension of Confidential Classification (Request) of the transcripts of a
hearing before the Florida Division of Administrative Hearings (DOAH) conducted on February
4 and 5, 2020, as well as Exhibits 101-113, 115 and 117, which were admitted into evidence at
that hearing. 	(Document Nos. 00962-2020, 00963-2020, 00964-2020, 00967-2020 to 00979-
2020, a nd 00981-2020 to 00983-2020). 	This material was originally granted confidentiality by
Order No. PSC-2020-0374-CFO-EI issued October 16 , 2020. 	Confidentiality was extended by
Order No. PSC-2022-0158-CFO-EI, issued April 27, 2023.
Request for Confidential Classification
DEF contends that the information 	contained in transcripts of a hearing before the
DOAH conducted on February 4 and 5, 2020, as well as Exhibits 101-113, 115 and 11 7, 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 the transcripts of a hearing before DOAH conducted on
February 4 and 5, 2020, as well as Exhibits 101-113, 115 and 11 7, contain diagrams and
technical information regarding the design and operational parameters of a Mitsubishi steam
turbine connected to DEF' s Bartow Unit 4 power plant, which are proprietary to Mitsubishi.
Disclosure of the transcripts and exhibits 	would reveal this proprietary third-party 	owned
information which could potentially impair DEF's ability to contract for goods and services
on favorable terms in the future as vendors would charge a premium if DEF could not protect
their information. 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 a nd 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

ORDER NO. PSC-2024-0428-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
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 pricing terms in vendor and third-party contracts appear 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 “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. 00962-2020, 00963-2020, 00964-2020, 00967-2020 to 00979-
2020, and 00981-2020 to 00983-2020, as well as Exhibits 101-113, 115 and 117, 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 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 Second Request for Extension of Confidential Classification of
Document 	Nos. 00962-2020, 00963-2020, 00964-2020, 00967-2020 to 00979-2020, and
00981-2020 to 00983-2020, as well as Exhibits 101-113, 115 and 117, is granted, as set forth
herein. It is further
ORDERED that the information in Document Nos. 00962-2020, 00963-2020, 00964-
2020, 00967-2020 to 00979-2020, and 00981-2020 to 00983-2020, as well as Exhibits 101-
113, 115 and 117, 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

ORDER NO. PSC-2024-0428-CFO-EI
DOCKET NO. 2024000 I-EI
PAGE 3
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 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.
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify patties 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 comt, as described above, pursuant to Rule 9.100, Florida Rules of Appellate
Procedure.
19th
September 2024