Florida Public Service Commission native order document 08966-2024

FILED 9/11/2024
DOCUMENT NO. 08966-2024
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-2024-0420-CFO-EI
ISSUED: September 11 , 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
SE COND REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 03411-2020)
On October 19, 2023, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed a
Second Request for Extension of Confidential Classification (Request) of certain information
provided pursuant to Audit No. 17-023-4-2 (Document No. 03411-2020). 	This information was
originally granted confidentiality by Order No. PSC-201 7-0251-CFO-EI, issued June 29, 201 7,
and confidentiality was extended by Order No. PSC-2020-0389-CFO-EI, issued October 19 ,
2020.
Request for Confidential Classification
FPL contends that the information provided pursuant to Audit No. 17-023-4-2 contains
information of a confidential nature, which is proprietary confidential business information
within the meaning of Section 366.093(3), F .S .
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. This information includes pricing
formulas, payment records, supplier rates for capacity and energy transactions, and other
contractual data which, if disclosed, would impair FPL' s ability to contract for capacity and
energy 	on favorable 	term s. 	FPL contends that this information is protected by Section
366.093(3)(d), F.S.
In addition, FPL contends that this information relates to compet1t1ve interests, the
disclosure of which would impair the competitive business of FPL, its affiliates, or its vendors.
Disclosure of this information would place FPL at a competitive disadvantage when coupled
with other information that is publically ava il able. Such information is protected pursuant to
Section 366.093(3)(e), F.S.
Ruling
Section 366.09 3(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

ORDER NO. PSC-2024-0420-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
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 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 pricing terms, payment records,
and supplier rates 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. 03411-2020 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 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 this information be protected for a period
of 36 months due to the fact that if the pricing formulas, actual volumes of fuel purchases, and
multi-year contractual terms are made public prior to that date, this data, combined with
information already available in the market, could allow suppliers to accurately predict FPL’s
fuel supply needs thereby driving up the price of fuel passed on to customers. 	FPL also notes
that audit information is maintained by the Commission for a period of seven years and has
historically been afforded protection for that entire period for the reasons stated above. 	Given
these factors, this material shall be granted confidentiality for a period of 36 months from the
date of this Order.
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 Gabriella Passidomo, Prehearing Officer, that Florida Power & Light
Company’s Second Request for Extension of Confidential Classification of Document No.
03411-2020 is granted. 	It is further

PSC-2024-0420-CFO-EI
11th
September 2024
ORDER NO.
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PAGE3
ORDERED that the infom1ation in Document No. 03411-2020, 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.
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 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 sha ll be filed with the Office of
Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code.

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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.