Florida Public Service Commission native order document 08965-2024

FILED 9/11/2024
DOCUMENT NO. 08965-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
DOCKET NO. 20240001-EI
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ORDER NO. PSC-2024-0419-CFO-EI
ISSUED: September 11, 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
{DOCUMENT NO. 05607-2023)
On October 10, 2023, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed a
Request for Confidential Classification (Request) of certain information provided in response to
Staffs Fourth Request for Production of Documents No. 5 (Document No. 05607-2023).
Request for Confidential Classification
FPL contends that the information contained in response to Staffs Fourth Request for
Production of Documents No. 5, more specifically described in Exhibit C to its Request,
constitute proprietary confidential business information entitled to protection under Section
366.093, F.S., and Rule 25-22.006, F.A.C. 	FPL asserts that this information is intended to be
and is treated by FPL as private and has not been publicly disclosed.
The information contained in response to Staffs Fourth Request for Production of
Documents No. 5 consists of pricing information for real estate lease revenues and for solar
development and construction, including solar panel components such as modules. 	FPL
contends 	the disclosure 	of this information would impair its 	ability 	to 	execute business
transactions on favorable terms for the benefit of its customers. FPL argues that this information
is protected by 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
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.

PSC-2024-0419-CFO-EI
11th
September 2024
ORDER NO.
DOCKET NO. 20240001-EI
PAGE2
Upon review, it appears the above-referenced information satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
contractual data, if disclosed, could adversely impact FPL's competitive interests as well as the
competitive interests of its vendors. Thus, the information identified in Document No. 05607-
2023 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 FPL 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
Power & Light Company's Request for Confidential Classification of Document No. 05607-
2023, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 05607-2023, 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.
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.

ORDER NO. PSC-2024-0419-CFO-EI
DOCKET NO. 20240001-EI
PAGE 3
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.