Florida Public Service Commission native order document 00186-2023

FILED 1/11/2023
DOCUMENT NO. 00186-2023
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. 20230001-EI
ORDER NO. PSC-2023-0039-CFO-EI
ISSUED: January 11 , 2023
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
THIRD REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 03029-2016)
On June 14 , 2022, 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
Third Request for 	Extension of Confidential Classification of information provided pursuant to
Audit No. 2016-020-1-2 (Request) (Document No. 03029-2016). 	This audit was originally
granted 	confidentiality 	by 	Order 	No. 	PSC-16-0458-CFO-EI, 	issued 	October 	13, 	2016.
Confidential classification for this audit was first extended by Order No. PSC-2018-0399-CFO-
EI, issued August 13, 2018. 	A second extension of confidentiality was granted by Order No.
PSC-2020-0498-CFO-EI, issued December 14, 2020.
Request for Confidential Classification
FPL contends 	that the 	information 	provided pursuant to 	Audit No. 	2016-020-1-2
continues to contain 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
information for negotiated purchase power agreements executed by Gulf Power Company and
various counterparties. 	Disclosure of this information would adversely impact FPL' s current
ability to negotiate the best prices for these commodities in the future and may discourage
counterparties from entering into contracts with FPL at all. 	Thus, FPL contends that this
information is protected by Sections 366.093(3)(d) and (e), F.S.
Ruling
Section 366.093(1), F.S., provides that records the Commission ha s found to contain
proprietary business information shall 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-2023-0039-CFO-EI
DOCKET NO. 20230001-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 service 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 pricing information for purchase power agreements
appear 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. 03029-2016, 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 unless good cause is shown to extend this period for a longer
period of time. FPL has requested that we extend the confidential classification of Audit No.
2016-020-1-2 for a period of thirty-six (36) months. FPL argues that there are two reasons to
extend the non-disclosure period. First, we retain our audits for a period of seven years at which
time the materials are returned to FPL unless our staff or another affected person requests that
these materials continue to be retained. Second, the nature of the material contained in Audit
No. 2016-020-1-2 will not change over the next 36 months. Under these circumstances,
administrative efficiency is served by granting confidentiality for a longer period of time. For
this reason, confidential classification shall be granted for Audit No. 20160201-2 for a period of
36 months. 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 Mike La Rosa, as Prehearing Officer, that Florida Power & Light
Company’s Third Request for Extension of Confidential Classification for portions of Audit No.
2016-020-1-2 (Document No. 03029-2016), is granted. It is further
ORDERED that the information in Document No. 03029-2016, 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-2023-0039-CFO-EI
DOCKET NO. 20230001-EI
PAGE 3
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 11th day of
January, 2023.
Mike La Rosa
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.