Florida Public Service Commission native order document 07806-2024

FILED 7/24/2024
DOCUMENT NO. 07806-2024
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-2024-0263-CFO-EI
ISSUED: July 24, 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
REQUEST FOR CONFIDENTIAL CLASSIFI CATION
{DOCUMENT NO. 07505-2024)
On July 11 , 2024, 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 its response to the Staffs Third Request
for Production of Documents No. 5 (Document No. 07505-2024).
Request for Confidential Classification
FPL contends that the information contained in Staffs Third Request for Production of
Documents 	No. 	5 	constitutes 	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 Staffs Third Request for Production of Documents No. 5
consists of the CO2 Price Forecasts used in the calculation of FPL 's Generating Performance
Incentive Factor. 	The price forecasts for carbon dioxide emissions were provided to FPL by a
third-party vendor and are proprietary to that vendor. 	The disclosure of this information would
impair the competitive business of both FPL and its vendor. For these reasons FPL argues that
this information is protected by Section 366.093(3)(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 and shall be exempt from Chapter 11 9, 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:
(e) 	Information relating to competitive interests, the disclosure of which would
impair the competitive of the provider of the information.
Upon review, it appears the information and data provided in this request satisfies the
criteria set forth 	in Section 366.093(3), F.S., for classification as proprietary confidential

PSC-2024-0263-CFO-EI
24th
July 2024
ORDER NO.
DOCKET NO. 2024000 I-EI
PAGE2
business information. The price forecasts for carbon dioxide em1ss1ons, if disclosed, could
adversely impact the ability of FPL to obtain crucial pricing information necessary to provide
electricity at the lowest possible price. Thus , the information identified in D ocument No. 07505-
2024 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 	Commiss i on finds, 	that 	the 	records 	continue 	to
contain proprietary confidentia l business in formation.
Based on the foregoing, it is hereby
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Florida
Power & Light Company ' s Request for Confidentia l Classification of Document No. 07505-
2024, is granted , as set forth herein. It is further
ORDERED 	that 	the 	information 	in 	Document 	No. 	07505-2024 , 	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-2024-0263-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.