Florida Public Service Commission native order document 02425-2023

FILED 3/28/2023
DOCUMENT NO. 02425-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Request for confidentiality for December
2022 ESR by Florida Power & Light
Com an .
---~-------------~
DOCKET NO. 20230027-EI
ORDER NO.PSC-2023-0119-CFO-EI
ISSUED: March 28, 2023
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
REQUEST FOR CONFIDENTIAL CLASSIFICATION OF DOCUMENT NO. 01142-2023
On February 15 , 2023, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code, Florida Power & Light Company (FPL) filed a Request for
Confidential 	Classification 	of 	information 	contained 	in 	FPL's 	December 	2022 	Earning
Surveillance Report. Specifically, FPL seeks confidential classification of Document No.01142-
2023.
Request for Confidential Classification
FPL 	contends 	that 	Document 	No. 	01142-2023 	contains 	certain 	information 	that
constitutes "proprietary confidential business information" entitled to protection under Section
366.093, F .S. FPL states that this information is intended to be a nd is treated by FPL as private
a nd has not been publicly disclosed.
FPL further contends that Document No. 01142-2023 contains information concerning
contractual data, the disclosure of which would impair the efforts of FPL or its affiliates to
contract for goods or services on favorable terms. FPL asserts that this information is protected
by subsection 366.093(3)(d), F.S.
Ruling
Section 366.093(1), F.S., provides that records the Florida Public Service Commission
(Commission) finds to contain proprietary business information shall be kept confidential, and
shall be exempt from Chapter 	119, F.S. Section 366.093(3), 	F.S., states that proprietary
confidential business information is 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.

ORDER NO. PSC-2023-0119-CFO-EI
DOCKET NO. 20230027-EI
PAGE 2
Upon review, it appears the above-referenced information satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
information 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. The document also contains information relating to competitive
interests, the disclosure of which would impair the competitive business of the provider of
information. Thus, the information identified in Document No. 01142-2023 shall be granted
confidential classification.
Pursuant to Section 366.093(4), F.S., the information referenced herein for which the
Commission granted confidential classification 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 hereby
ORDERED by Commissioner Gabriella Passidomo, as Prehearing Officer, that Florida
Power & Light Company’s Request for Confidential Classification of the information contained
in Document No. 01142-2023 is granted. It is further
ORDERED that the information in Document No. 01142-2023, 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. It is further
ORDERED that this docket shall be closed.

ORDER NO. NO. PSC-2023-0119-CFO-EI
DOCKET NO. 20230027-EI
PAGE 3
By ORDER of Conm1issioner Gabriella Passidomo, as Prehearing Officer, this 28th day
of -------
ss
Gabriella Passidomo
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.tloridapsc.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 C011m1ission 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 IO 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 Comi 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.
March 2023