Florida Public Service Commission native order document 00082-2023

FILED 1/5/2023
DOCUMENT NO. 00082-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Fuel and purchased power cost recovery
clause with generating performance incentive
factor.
-----------------~
DOCKET NO. 20230001-EI
ORDER NO. PSC-2023-0022-CFO-EI
ISSUED: January 5, 2023
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
THIRD REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 05144-2017, X-REF. 04817-2017)
On July 5, 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 its
Third Request for Extension of Confidential Classification of information provided pursuant to
Audit 	No. 	2017-023-1-2 	(Request) 	(Document 	No. 	05144-2017, 	x-ref. 	04817-2017).
Confidentiality for this material was originally granted by Order No. PSC-2017-0253-CFO-EI,
issued June 29, 2017; first extended by Order No. PSC-2019-0149-CFO-EI, issued April 24,
2019; and extended for a second time by Order No. PSC-2021-0012-CFO-EI, dated January 4,
2021.
Request for Confidential Classification
FPL contends 	that 	the 	information provided 	pursuant 	to 	Audit No. 	2017-023-1-2
continues to contain information of a confidential nature, which is proprietary confidential
business information within the meaning of Subsection 366.093(3), F .S.
FPL contends that the information is proprietary and confidential business information
within the meaning of Subsection 366.093(3), F.S. 	This information is intended to be and is
treated by FPL as private, and its confidentiality has been maintained. This information includes
pricing information for ne gotiated purchase power agreements with various counterparties.
Disclosure of this information would adversely impact FPL's ability to negotiate the best prices
for these commodities and may discourage counterparties from entering into contracts with FPL
at all. 	Thus, FPL contends that this information is protected by Subsections 366.093(3)(d) and
(e), F.S.
Ruling
Subsection 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. 	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:

ORDER NO. PSC-2023-0022-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 service 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 Subsection 366.093(3), F.S., for classification as proprietary confidential
business information. The pricing information for purchase power agreements 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. 05144-2017, x-ref. 04817-2017, 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 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 Mike La Rosa, as Prehearing Officer, that Florida Power & Light
Company’s Third Request for Extension of Confidential Classification for portions of Audit No.
2017-023-1-2 (Document No. 05144-2017, x-ref. 04817-2017), is granted. 	It is further
ORDERED that the information in Document No. 05144-2017, x-ref. 04817-2017, 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-2023-0022-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.