Florida Public Service Commission native order document 00674-2024

FILED 2/12/2024
DOCUMENT NO. 00674-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Review of Storm Protection Plan, 	DOCKET NO. 20220050-EI
pursuant to Rule 25-6.030, F.A.C., Duke 	ORDER NO. PSC-2024-0033-CFO-EI
Ener 	Florida, LLC. 	ISSUED: February 12 , 2024
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ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 03001-2022)
On January 18 , 2024, 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 its First
Request for Extension of Confidential Classification of documents contained in documents
provided 	in 	response 	to 	OPC' s 	3rd Request for 	Production of Documents (Nos. 35-41 ).
Specifically, DEF seeks extended confidential classification of Document No. 03001-2022
Request for Confidential Classification
DEF 's original request for confidential treatment of information was granted by ORDER
NO. PSC-2024-0033-CFO-EIPSC-2022-0283-CFO-EI, issued on July 21, 2022. DEF asserts that
a ll of the information that was the subject of ORDER NO. PSC-2024-0033-CFO-EIPSC-2022-
0283-CFO-EI warrants continued treatment as proprietary and confidential business information.
DEF 	contends 	that 	Document 	No. 	03001-2022 	contains 	certain 	information 	that
constitutes "proprietary confidential business information" entitled to protection under Section
366.093, F.S., and Rule 25-22.006, F.A.C. DEF states that this information is intended to be and
is treated by DEF as private and has not been publicly disclosed.
DEF asserts the Document No. 03001-2022 contain information concerning contractual
data, that the disclosure of which would impair the efforts of the public utility or its affiliates to
contract for goods of services on favorable terms and would impair the competitive business
interests of the provider of information, and that this information is protected by Section
366.093(3)(d) and (e), F .S .
Ruling
Section 366.093(1), F.S., provides that records the Commission has found to contain
proprietary business information sha ll be kept confidential and sha ll 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-2024-0033-CFO-EI
DOCKET NO. 20220050-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 information.
Upon review, it appears that the information satisfies the criteria set forth in Section
366.093(3), 	F.S., 	for 	classification 	as 	proprietary 	confidential 	business 	information. 	The
information appears to be concerning bids or other contractual data, and information relating to
competitive interests. The disclosure of these documents would impair DEF’s efforts to contract
for goods or services on favorable terms, and would impair the competitive business of the
provider of information. Thus, the information identified in Document No. 03001-2022 shall be
granted a continuation of 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 Michael La Rosa, as Prehearing Officer, that Duke Energy
Florida LLC’s First Request for Extension of Confidential Classification of the information
contained in Document No. 03001-2022 is granted. It is further
ORDERED that the information in Document No. 03001-2022, for which confidential
classification has been granted, shall remain protected from disclosure for a period of up to 18
months from the date 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. It is further
ORDERED that this docket shall be closed.

ORDER NO. PSC-2024-0033-CFO-EI
DOCKET NO. 20220050-EI
PAGE 3
By ORDER of Chairman Mike La Rosa, as Prehearing Officer, this 12th day of
February, 2024.
Mike La Rosa
Chairman 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.
JDI
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.