Florida Public Service Commission native order document 00234-2023

FILED 1/13/2023
DOCUMENT NO. 00234-2023
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-2023-0050-CFO-EI
ISSUED: January 13, 2023
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY'S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOUMENT NO. 04751-2022)
On July 14, 2022, 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 a
Request for Confidential Classification (Request) of its response to Commission staffs (Staff)
First Request for Production of Documents No . 1 and Staffs Third Set oflnterrogatories No . 21
(Document No. 04751-2022).
Request for Confidential Classification
FPL contends that the information contained in its response to Staffs First Request for
Production of Documents No. 1 and Staff's Third Set of Interrogatories No. 21 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.
The information contained in FPL's response to Staffs Third Set of Interrogatories No .
21 consists of capacity deliveries and payments for the Exelon Generation and Rainbow Energy
contracts for the period January through February 2022. 	This information, if disclosed, could
impair the efforts of FPL to contract for goods and services on the most favorable terms. 	The
information contained in FPL's response to Staff's First Request for Production of Documents
No. 1 consists of materials and maintenance procedures associated with the March 2021 Turkey
Point Unit 3 outage. 	This information, if disclosed, could impair the competitive interests of
both FPL and the company who designed and constructed Turkey Point Unit 3. 	For these
reasons FPL 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
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:

ORDER NO. PSC-2023-0050-CFO-EI
DOCKET NO. 20230001-EI
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(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 materials and maintenance procedures associated with the March 2021
Turkey Point Unit 3 outage, if disclosed, could affect the competitive interests of FPL and its
third party contractor. Further, the disclosure of the price and amount of capacity purchased
from third parties in 2021 could adversely impact FPL’s ability to purchase capacity on the most
favorable terms. Thus the information identified in Document No. 04751-2022 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. 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 Mike La Rosa, as Prehearing Officer, that Florida
Power & Light Company’s Request for Confidential Classification of Document No. 04751-
2022, is granted, as set forth herein. It is further
ORDERED that the information in Document No. 04751-2022, 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-2023-0050-CFO-EI
DOCKET NO. 20230001-EI
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By ORDER of Commissioner Mike La Rosa, as Prehearing Officer, this 13th 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.