Florida Public Service Commission native order document 00083-2023

FILED 1/5/2023
DOCUMENT NO. 00083-2023
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-2023-0023-CFO-EI
ISSUED: January 5, 2023
ORDER GRANTING DUKE ENERGY FLORIDA, LLC'S REQUEST
FOR FIRST EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 11601-2020, X-REF. 11656-2020 AND 12399-2020)
On July 22, 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 its
First Request for 	Extension of Confidential Classification (Request) of the Florida Public
Service 	Commission's 	Order 	No. 	PSC-2020-0368A-FOF-EI, 	issued 	October 	29, 	2020
(Document No. 11601-2020, x-ref. 11656-2020 and 12399-2020). 	This order was originally
granted confidentiality by Order No. PSC-2021-0046-CFO-EI, issued January 25, 2021.
Request for Confidential Classification
DEF contends that the information contained in Order No. PSC-2020-0368A-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-2020-0368A-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-
0368A-FOF-EI also includes the Administrative Law Judge' s Recommended Order and Duke
Energy Florida, LLC 's, the Intervenor s', and Commission staffs Proposed Recommended
Orders which have previously been granted confidential statu s. 1 Disclosure of Order No. PSC-
2020-0368A-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
Paragraphs 366.093(3)(d) and (e), F.S.
Ruling
Subsection 	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-2023-0023-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. Subsection 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. Subsection 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 Subsection 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-2020-0368A-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. 11601-2020, x-ref. 11656-2020 and 12399-2020, shall be granted confidential
classification.
Pursuant 	to Subsection 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 Subsection 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 First 	Request 	for Extension 	of 	Confidential 	Classification 	of
Document No. 11601-2020, x-ref. 11656-2020 and 12399-2020, is granted, as set forth
herein. It is further
ORDERED that the information in Document No. 11601-2020, x-ref. 11656-2020
and 12399-2020, 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

ORDER NO. PSC-2023-0023-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 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.