Florida Public Service Commission native order document 03238-2026

Order No. PSC-2026-0182-CFO-EIFlapubserv

Gesamter Gesetzestext

FILED 6/1/2026
DOCUMENT NO. 03238-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
DOCKET NO. 20260001 -EI
ORDER NO. PSC-2026-0182-CFO-EI
ISSUED: June 	1, 2026
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY’S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO, 00798-2026)
On January 30, 2026, 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 Forms 423-2(a), 423-2(b), and 423-2 for the
fourth quarter of 2025. (Document No. 00798-2026).
Request for Confidential Classification
FPL contends that the information contained 	in Forms 423-2(a), 423-2(b), and 423-2 	for
the 	fourth 	quarter of 2026, 	as more 	specifically 	described 	in 	the 	tables 	in Attachment C 	to 	its
Request, 	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.
FPL’s justification 	for 	asserting 	that 	the 	information 	is 	confidential 	is found 	in more
detail 	in Attachment C 	to 	its 	Request. 	FPL 	contends 	that 	part 	of 	the 	information 	involves
contractual information which, 	if made public, “would impair the 	efforts of FPL to contract 	for
goods 	or services on favorable terms” pursuant 	to Section 366.093(3)(d), 	F.S. FPL asserts 	that
some 	of the 	information 	delineates 	the 	price per 	barrel FPL has paid 	for 	fuel 	oil 	for 	specific
shipments from 	specific 	suppliers and that the information would allow suppliers 	to compare an
individual 	supplier’s price with the market quote 	for that date of delivery and thereby determine
the 	contract 	pricing formula between FPL and 	that 	supplier. 	The 	availability of this 	type of
information would likely eliminate the opportunity for FPL to obtain price concessions from any
one supplier resulting in higher fuel 	oil prices.
FPL 	further 	states 	that FPL 	is 	obligated 	to 	maintain 	the 	confidentiality 	of 	rail
transportation charges between FPL and various counterparties. FPL argues that this information
is 	confidential 	under 	Sections 	366.093(3)(d) 	and 	366.093(3)(e), 	F.S., 	because 	its 	disclosure
would negatively impact 	the 	competitive 	interests of both FPL and 	its various 	counterparties.
Disclosure of the transportation charges could also 	discourage counterparties from entering into
contracts with FPL, or charge higher prices, 	if the pricing terms are made public.
ORDER NO. PSC-2026-0182-CFO-EI
DOCKET NO. 20260001-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 information and data provided in this request satisfies the
criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential
business information. The information related to fuel oil pricing appears 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. 00798-2026 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 Commission finds, that the records continue to contain
proprietary confidential business information.
Based on the foregoing, it is
ORDERED by Commissioner Gary F. Clark, as Prehearing Officer, that Florida Power &
Light Company’s Request for Confidential Classification of Document No. 00798-2026 is
granted, as set forth herein. It is further
ORDERED that the information in Document No. 00798-2026 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
ORDER NO. PSC-2026-0182-CFO-EI
DOCKET NO. 20260001-EI
PAGE 3
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 Gary F. Clark, as Prehearing Officer, this 1st day of June,
2026.
GARY F. CLARK
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.

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