Florida Public Service Commission native order document 00073-2023

FILED 1/5/2023
DOCUMENT NO. 00073-2023
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. 20230001-EI
ORDER NO. PSC-2023-0013-CFO-EI
ISSUED: January 5, 2023
ORDER GRANTING DUKE ENERGY FLORIDA, LLC'S FIRST
REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 11612-2020)
On May 10, 2022, pursuant to Section 366.093, Florida Statutes (F .S.), a nd Rule 25-
22.006, Florida Administrative Code (F.A.C.), Duke Energy Florida, LLC (DEF) filed its
First Request for Extension of Confidential Classification (Request) 	of the Florida Public
Service Commission' s Order No. PSC-2020-0368-FOF-EI, issued October 15 , 2020 (Document
No. 11612-2020, x-ref. 11211-2020). 	Confidentiality was originally granted to this order by
Order No. PSC-2020-0431-CFO-EI, issued November 10, 2020.
Request for Confidential Classification
DEF contends that the information contained in Order No. PSC-2020-0368-FOF-EI,
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 Order No. PSC-2020-0368-FOF-EI consists of operational,
design, and cost information associated with the Mitsubishi steam turbine connected to DEF's
Bartow Unit 4 power plant which is proprietary to Mitsubishi. Order No. PSC-2020-0368-FOF-
EI also includes the Administrative Law Judge' s Recommended Order and Duke Energy Florida,
LLC 's, the Intervenors', and Commission staffs Proposed Recommended Orders which have
previously been granted confidential statu s. 1 Disclosure of Order No. PSC-2020-0368-FOF-EI
would reveal this proprietary third-party owned 	information resulting in competitive harm to
Mitsubishi and potentially impairing DEF's ability to 	contract 	for 	goods and 	services on
favorable terms in the future as vendors would refuse to do business with DEF if DEF could
not protect their information. 	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
1 Order No. PSC-2020-0377-CFO-EI, i ss ued October 16, 2020, in Docket No. 20200001-EI, In re: Fuel and
purchased power cost recovery clause with generating p erformance incentive factor; Order No. PSC-2020-0376-
CFO-EI, issued October 16, 2020, in Docket No. 20200001-EI, In re: Fuel and purchased pow er cost recovery
clause with generating performance incentive factor.

ORDER NO. PSC-2023-0013-CFO-EI
DOCKET NO. 20230001-EI
PAGE 2
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 continues to
satisfy the criteria set forth in Section 366.093(3), F.S., for classification as proprietary
confidential business information. The operational, design, and cost information for the DEF’s
Bartow Unit 4 power plant discussed in Order No. PSC-2020-0368-FOF-EI 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. 11612-2020, 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 Mike La Rosa, as Prehearing Officer, that 	Duke
Energy Florida, LLC's Request for Extension of Confidential Classification of Document
No. 11612-2020, is granted, as set forth herein. It is further
ORDERED 	that 	the 	information 	in 	Document 	No. 	11612-2020, 	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.

ORDER NO. PSC-2023-0013-CFO-EI
DOCKET NO. 20230001-EI
PAGE 3
By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 5th 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.