Florida Public Service Commission native order document 00075-2023

FILED 1/5/2023
DOCUMENT NO. 00075-2023
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-2023-0015-CFO-EI
ISSUED: January 5, 2023
ORDER GRANTING DUKE ENERGY FLORIDA, LLC'S REQUEST
FOR CONFIDENTIAL CLASSIFICATION (DOCUMENT NO. 02867-2022
X-REF. 02531-2022 AND 02529-2022)
On May 9, 2022, 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 a Request
for Confidential Classification (Request) of certain information provided pursuant to Audit Nos.
2022-003-1-4 and 2022-003-1-5 (Document No. 02867-2022, x-ref. 02531-2022 and 02529-
2022).
Request for Confidential Classification
DEF contends that the information provided pursuant to Audit Nos. 2022-003-1-4 and
2022-003-1-5 contains information of a confidential nature, which is proprietary confidential
business information within the meaning of Section 366.093(3), Florida Statutes.
DEF contends that the information is proprietary and confidential business information
within the meaning of Section 366.093(3), F.S. 	This information is intended to be and is treated
by DEF as private, and its confidentiality has been maintained. Pricing and other terms, payment
records, and vendor and supplier rates, as well as information related to the purchase and sale of
energy and capacity, natural gas, a nd natural gas storage are included in this information. DEF
contends that the disclosure of this data would impair DEF 's efforts to contract for energy a nd
capacity-related goods 	and 	services 	on 	the 	most 	favorable 	terms 	and 	would 	impair 	the
competitive interests of both DEF and its counterparties. Thus, DEF contends that this material
is protected by Sections 366.093(d) and (e), F.S.
Ruling
Section 366.093(1), F.S., provides that records the 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:

ORDER NO. PSC-2023-0015-CFO-EI
DOCKET NO. 20230001-EI
PAGE 2
(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 pricing terms and payment records 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. 02867-2022, x-ref. 02531-2022 and 02529-2022, 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 unless good cause is shown that protection from disclosure shall be
for a specified longer period. 	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 Mike La Rosa, Prehearing Officer, that Duke Energy Florida, LLC’s
Request for Confidential Classification of Document No. 02867-2022, x-ref. 02531-2022 and
02529-2022, is granted. 	It is further
ORDERED that the information in Document No. 02867-2022, x-ref. 02531-2022 and
02529-2022 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-2023-0015-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.