Florida Public Service Commission native order document 09540-2024

FILED 10/15/2024
DOCUMENT NO. 09540-2024
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-2024-0449-CFO-EI
ISSUED: October 15, 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
SECOND REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION (DOCUMENT NOS. 09006-2024, X-REF. 04254-2019
AND 02318-2021)
On September 13, 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
its Second Request for Extension of Confidential Classification (Request) of certain information
provided pursuant to Audit No. 2019-017-4-1 (Document Nos. 09006-2024, x-ref. 04254-2019
and 02318-2021 ). This information was originally granted confidential classification by Order
No. PSC-2019-0342-CFO-EI, issued August 21, 2019. 	Confidential classification for this
material was extended by Order No. PSC-2021-0341-CFO-EI, issued September 14, 2021.
Request for Confidential Classification
FPL contends that the information provided pursuant to Audit No. 2019-017-4-1 contains
information of a confidential nature, which is proprietary 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 deta il s
about FPL's internal auditing controls, reports or notes of internal auditors, and information
relating to internal auditing reports issued in 2018. Release of this information would be harmful
to FPL and its customers because it may impact the effectiveness of the Internal Auditing
department itse lf. The confidential information also includes data such as pricing a nd other
terms, payment records, and vendor and supplier rates related to the purchase or sale of energy
a nd capacity, natural gas, and natural gas storage. Disclosure of this type of information would
impair the efforts of FPL to contract for energy and capacity-related goods or services on
favorable terms for the benefit of its customers and would impair the competitive interests of
FPL and its vendors. Therefore, FPL contends that this information is protected by Section
366.093(3)(b), (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
a nd 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-2024-0449-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
(b) Internal auditing controls and reports of internal auditors.
(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 that nothing has changed since the issuance of Order PSC-2021-
0341-CFO-EI and that 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 information and data provided in this request appears to contain
“internal auditing controls and reports of internal auditors, 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, 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 Nos. 09006-2024, x-
ref. 04254-2019 and 02318-2021, 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 unless good cause is shown that protection from disclosure shall be
for a specified longer period. FPL has requested that this information be protected for a period of
36 months for administrative efficiency. FPL notes that audit reports are maintained by the
Commission for a period of seven years and that the nature of the materials in this request will
not change in the next three years. Given these factors, this material shall be granted
confidentiality for a period of 36 months from the date of this Order.
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 Gabriella Passidomo, as Prehearing Officer, that Florida Power & Light
Company’s Second Request for Extension of Confidential Classification for portions of Audit
No. 2019-017-4-1 (Document Nos. 09006-2024, x-ref. 04254-2019 and 02318-2021), is granted.
It is further
ORDERED that the information in Document Nos. 09006-2024, x-ref. 04254-2019 and
02318-2021, 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

PSC-2024-0449-CFO-EI
15th
October 2024
ORDER NO.
DOCKET NO. 20240001-EI
PAGE3
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.
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 	trus 	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 Flori da 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.