Florida Public Service Commission native order document 06167-2026

FILED 9/4/2026
DOCUMENT NO. 06167-2026
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. 20260001 -EI
ORDER NO. PSC-2026-0318-CFO-EI
ISSUED: September 4, 2026
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY’S
SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 04904-2023, X-REF. 03938-2021)
On August 	31, 2026, 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 	its
Second Request 	for Extension of Confidential 	Classification 	(Request) of certain 	information
provided pursuant 	to Audit No. 2021-007-1-2 (Document No. 04904-2023, 	x-ref. 03938-2021).
This 	material was 	originally 	granted 	confidential 	classification by Order No. PSC-2022-0086-
CFO-EI, 	issued February 	21, 	2022. 	Confidentiality was extended by 	Order No. 2023-0274-
CFO-EI, dated August 29, 2023.
Request for Confidential Classification
FPL contends that the information provided pursuant to Audit No. 2021-007-1-2 contains
information 	of a 	confidential 	nature, which 	is 	proprietary 	confidential 	business 	information
within the meaning of Section 366.093(3), Florida Statutes.
FPL contends 	that 	the 	information 	is proprietary and 	confidential business 	information
within the meaning of Section 366.093(3), F.S. 	This information 	is intended to be and 	is treated
by FPL as private, and 	its confidentiality has been maintained. 	Pricing information for capacity
purchases 	between FPL 	and 	various 	counterparties 	are 	included 	in 	this 	information. 	FPL
contends 	that 	the 	disclosure of this data would impair FPL’s 	efforts 	to 	contract 	for energy and
capacity-related 	goods 	and 	services 	on 	the 	most 	favorable 	terms 	and 	would 	impair 	the
competitive interests of both FPL and 	its counterparties. 	Thus, FPL contends that this material 	is
protected by Section 366.093 	(d), F.S.
FPL iurther contends 	that 	this information 	relates 	to competitive 	interests, the disclosure
of which would 	impair 	the 	competitive business 	of FPL, 	its 	affiliates, and 	its vendors. 	Such
information 	is protected pursuant to Section 366.093(3)(e), F.S.
Ruling
Section 	366.093(1), 	F.S., 	provides 	that 	records 	the 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:

ORDER NO. PSC-2026-0318-CFO-EI
DOCKET NO. 20260001-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.
(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 information and data provided in this request continues to
satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary
confidential business information. The information related to capacity pricing and payment
records 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 “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 No. 04904-2023, x-ref. 03938-2021, 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 unless good cause is shown that protection from disclosure shall be
for a specified longer period. FPL has requested that these materials be given confidentiality for
the next three years. FPL argues that the Commission retains audit reports for a period of seven
years at which time the audit materials are returned to FPL unless the Commission staff or
another affected person requests that these audit materials continue to be retained. The nature of
these materials will not change in the next three years. Therefore, the classification for a period
of 36 months will promote administrative efficiency. At the conclusion of the 36-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 Gary F. Clark, Prehearing Officer, that Florida Power & Light Company’s
Second Request for Extension of Confidential Classification of Document No. 04904-2023, x-
ref. 03938-2021, is granted. It is further
ORDERED that the information in Document No. 04904-2023, x-ref. 03938-2021, for
which confidential classification has been granted, shall remain protected from disclosure for a
period of up to 36 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-2026-0318-CFO-EI
DOCKET NO. 20260001-EI
PAGE 3
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this 4th day of
September, 2026.
GARY F. CLARK
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.