Florida Public Service Commission native order document 08892-2024

FILED 9/6/2024
DOCUMENT NO. 08892-2024
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-2024-0409-CFO-EI
ISSUED: September 6, 2024
ORDER DUKE ENERGY FLORIDA, LLC'S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 02277-2022)
On October 19, 2023 , pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Code (F .A.C.), Duke Energy Florid a, LLC (DEF) filed its First
Request for Extension of Confidential Classification (Request) of portions of the direct testimony
of Anthony Salvareeza and Exhibits AS-I , AS-2 , and AS-3 (Document No. 02277-2022). 	This
material was originally granted confidentiality by Order No. PSC-2022-0167-CFO-EI, issued
May 2, 2022.
Request for Confidential Classification
DEF contends that the information contained in portions of the direct testimony of
Anthony Salvareeza and Exhibits AS-I through AS-3 , more specifically described in Exhibit C
to its Request, constitute proprietary confidential business information entitled to protection
under Section 366.093, F.S., and Rule 25-22.006, F.A.C. 	DEF as serts that this information is
intended to be and is treated by DEF as priva te and has not been publicly disclosed.
The information contained in Anthony Salvareeza's testimony and Exhibits AS-I through
AS-3 consists of Siemens' root cause analysis of the combustion turbine damage at the Bartow
Unit 4 plant, along with explanations of actions taken to correct and prevent further damage to
the four combustion turbines located at the plant. 	DEF contends that the disclosure of this
information would impair its efforts to negotia te service contracts in the future on the most
favorable terms possible. DEF argues 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 Florida Public Service Commission
(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-2024-0409-CFO-EI
DOCKET NO. 20240001-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 above-referenced information continues to satisfy the criteria
set forth in Section 366.093(3), F.S., for classification as proprietary confidential business
information. 	The information contained in the direct testimony of Anthony Salvareeza and
Exhibits AS-1, AS-2, and AS-3, if disclosed, could adversely impact DEF’s competitive interests
and will also impair DEF’s ability to enter into the most cost effective contracts with its vendors.
Thus, the information identified in Document No. 02277-2022 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. 	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 Gabriella Passidomo, as Prehearing Officer, that Duke
Energy Florida, LLC’s First Request for Extension of Confidential Classification of Document
No. 02277-2022, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 02277-2022, for which confidential
classification has been granted, shall remain protected from disclosure for a period of up to 18
months from the date of 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.

PSC-2024-0409-CFO-EI
6th
September 2024
ORDER NO.
DOCKET NO. 20240001-E I
PAGE3
By ORDER of Commiss ione r 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 al the time of
issuance and, if applicable, interested persons.
NOT ICE OF FURTHER PROCEEDINGS OR JUDIC IAL REVIEW
The Florida Public Service Commission is required by Section 120.569( l ), Florida
Statutes, to notify parties of any administrative hearing or judicia l review of Commission orders
lhal 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 judicia l 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 wac;tewater 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 lo Rule 9.100, Florida Rules of Appellate
Procedure.