Florida Public Service Commission native order document 08895-2024

FILED 9/6/2024
DOCUMENT NO. 08895-2024
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. 20240001-EI
ORDER NO. PSC-2024-0412-CFO-EI
ISSUED: September 6, 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 02131-2022)
On October 20, 2023, pursuant to Section 366.093, Florida Statutes (F .S.), and Rule 25-
22.006, Florida Administrative Code (F .A.C.), Duke Energy Florid a, LLC (DEF) filed its First
Request for Extension of Confidential Classification (Request) of information contained in its
responses to Office of Public Counsel's (OPC) Second Set of Interrogatories No. 13 and OPC's
Second Request to Produce Documents Nos. 5, 7, and 10 (Document No. 02131-2022). 	This
material was first granted confidentiality by Order No. PSC-2022-0161-CFO-EI, issued April 27,
2022.
Request for Confidential Classification
DEF contends that certain information contained in OPC's Second Set of Interrogatories
No. 13 and OPC's Second Request to Produce Documents Nos. 5, 7, and 10, submitted as
Exhibit A to the Request, is proprietary confidential business information within the meaning of
Section 366.093(3), F.S., and requires confidential classification.
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
as confidential by DEF, and the information has not been disclosed to the public. More
specifically, the information at issue relates to Siemens' claimed proprietary and confidential
contractual information regarding its Bartow Unit 4 combustion turbines. 	DEF asserts that if it
cannot demonstrate to its third-party partners that DEF has the ability to protect those third-
parties' confidential and proprietary business information, it will be less likely that DEF can
secure contracts that benefit its customers. Therefore, DEF contends that this information is
protected by Section 366.093(3)(e), F.S. Further, releasing the bid and contract data would
impair the competitive businesses of DEF in violation of Section 366.093(3)(d), 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
a nd sha ll 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-2024-0412-CFO-EI
DOCKET NO. 20240001-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 above-referenced information continues to satisfy the criteria
set forth in Section 366.093(3), F.S., for classification as proprietary confidential business
information. The information described above appears to be information concerning bids or other
contractual data, the disclosure of which could impair the competitive business of DEF. Thus,
the information identified in Document No. 02131-2022 shall be granted extended 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 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 Gabriella Passidomo, as Prehearing Officer, that Duke Energy Florida,
LLC’s First Request for Extension of Confidential Classification for the information contained in
its responses to OPC’s Second Set of Interrogatories No. 13 and OPC’s Second Request to
Produce Documents Nos. 5, 7, and 10, Document No. 02131-2022, is granted. It is further
ORDERED that the information in Document No. 02131-2022, 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.

PSC-2024-0412-CFO-EI
6th
September 2024
ORDER NO.
DOCKET NO. 2024000 I-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of _ 	______, ____ _
SBr
Gabriel la Passidomo
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.
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 adm inistrative 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 	pa1ty 	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 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.