Florida Public Service Commission native order document 02665-2026

FILED 5/7/2026
DOCUMENT NO. 02665-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition to approve transaction for 	DOCKET NO. 20190140-EI
accelerated decommissioning services at CR3 	ORDER NO. P SC-2026-0 129-CFO-EI
facility, transfer of title to spent fuel and 	ISSUED: May 	7, 2026
associated assets, and assumption of operations
of CR3 	facility pursuant to the NRC license,
and request for waiver from future application
of Rule 25-6.04365, F.A.C. 	for nuclear
decommissioning study, by Duke Energy
Florida, LLC._
ORDER GRANTING DUKE ENERGY FLORIDA. LLC’S THIRD
REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO, 03445-2020)
On February 27, 2026, 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 Third
Request 	for Extension of Confidential 	Classification (Request) of its response 	to Staffs Eighth
Request 	for Production of Documents No. 26 (Document No. 03445-2020). 	This material was
originally granted confidentiality by Order No. PSC-2020-03 53 -CFO-EI, issued October 9, 2020.
DEF’s 	First Request for Extension of Confidentiality for this material was granted by Order No.
PSC-2022-023 7-CFO-EI, 	issued 	June 	27, 	2022. 	DEF’s 	Second 	Request 	for 	Extension 	of
Confidentiality 	for 	this 	material was 	granted by 	Order 	No. 	PSC-2024-0394-CFO-EI, 	issued
September 	3, 2024.
Request for Confidential Classification
DEF contends that the information contained in 	its response to Staffs Eighth Request for
Production 	of Documents No. 	26, more 	specifically 	described 	in 	Exhibit C 	to 	its 	Request,
continues to constitute proprietary confidential business information 	entitled 	to protection under
Section 366.093, F.S., and Rule 25-22.006, F.A.C. DEF 	asserts 	that this information 	is intended
to be and 	is treated by DEF as private and has not been publicly disclosed.
The information contained in DEF’s response to Staffs Eighth Request for Production of
Documents No. 26 consists of the Private Letter Ruling (PLR) from the Internal Revenue Service
confirming that DEF’s proposed accelerated decommissioning transaction will not disqualify 	its
Nuclear Decommissioning Trust Fund (NDT) from remaining a qualified fund for tax purposes
and 	that 	the 	contract 	payments made 	from 	the NDT 	pursuant 	to 	the 	proposed 	accelerated
decommissioning 	transaction 	are 	permissible. 	DEF 	states 	that 	the 	information 	in 	the PLR
contains 	sensitive 	confidential 	information 	regarding 	the 	terms 	and 	conditions 	of 	the
Decommissioning 	Services 	Agreement 	between DEF 	and 	Accelerated 	Decommissioning
Partners (ADP) 	as 	well 	as ADP 	and 	its 	affiliated companies. 	DEF 	further 	states 	that 	it 	is
contractually required 	to keep 	this information 	confidential. 	For 	that reason, DEF 	argues 	that
this information 	is protected by Sections 366.093(3)(d) and (e), F.S.

ORDER NO. PSC-2026-0129-CFO-EI
DOCKET NO. 20190140-EI
PAGE 2
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:
(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 PLR from the Internal Revenue Service if
disclosed, could adversely impact DEF’s competitive interests as well as the competitive
interests of ADP and its affiliates. 	Thus, the information identified in Document No. 03445-
2020, 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 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 Mike La Rosa, as Prehearing Officer, that Duke Energy
Florida, LLC’s Third Request for Extension of Confidential Classification of Document No.
03445-2020, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 03445-2020, for which confidential
classification has been granted, shall remain protected from disclosure for a period of 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.

ORDER NO. PSC-2026-0129-CFO-EI
DOCKET NO. 20190140-EI
PAGE 3
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 7th day of May,
2026.
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.