Florida Public Service Commission native order document 03065-2023

FILED 5/3/2023
DOCUMENT NO. 03065-2023
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. 20230001-EI
ORDER NO. PSC-2023-0151-CFO-EI
ISSUED: May 3, 2023
ORDER GRANTING FLORIDA POWER & LIGHT
COMPANY'S REQUEST FOR CONFIDENTIAL
CLASSIFICATION (DOCUMENT NO. 02974-2023)
On April 28, 2023, pursuant to Section 366.093, Florida Statutes (F .S.), a nd 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-l(a), 423-2(a), 423-2(b), and
423-2 for the first quarter of 2023. (Document No. 02974-2023).
Request for Confidential Classification
FPL contends that the information contained in Forms 423-l(a), 423-2(a), 423-2(b), and
423-2 for the first quarter of 2023, as more specifically de scribed 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 a nd 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 on April 1, 2010, FPL was contacted by the BNSF Railway
(BNSF) concerning FPL' s disclosure of BNSF transportation rate information on FPL's Form
423 filing. 	BNSF has asserted that the transportation rate information is confidential pursuant to
its Rail Transportation Agreement BNSF-C-12339 with Georgia Power Company (GPC) and
that FPL is obligated to maintain the confidentiality of that information. 	FPL argues that this
information is confidential under Sections 366.093(3)(d) a nd 366.093(3)(e), F.S., because its
disclosure would "impair the efforts of GPC, as age nt for FPL to contract for goods and services
on favorable terms" and would "impair the competitive business of BNSF."

ORDER NO. PSC-2023-0151-CFO-EI
DOCKET NO. 20230001-EI
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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. 02974-2023 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 Mike La Rosa, as Prehearing Officer, that Florida Power &
Light Company’s Request for Confidential Classification of Document No. 02974-2023 is
granted, as set forth herein. It is further
ORDERED that the information in Document No. 02974-2023 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-2023-0151-CFO-EI
DOCKET NO. 20230001-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 Mike La Rosa, as Prehearing Officer, this 3rd day of May,
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.