Order No. PSC-2023-001•Florida Public Service Commission native order document 00077-2023
Florida Public Service Commission native order document 00077-2023
Order No. PSC-2023-001Flapubserv
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FILED 1/5/2023 DOCUMENT NO. 00077-2023 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-2023-001 7-CFO-EI ISSUED: January 5, 2023 ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION (DOCUMENT NO. 02749-2020) On April 19, 2022, pursuant to Section 366.093, Florida Statutes (F .S.), a nd Rule 25- 22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed its First Request for Extension of Confidential Classification (Request) of certain information provided pursuant to Audit No. 2020-007-4-1 (Document No. 02749-2020, x-ref. 02461-2020). This document was originally granted confidentiality by Order No. PSC-2020-0387-CFO-EI, issued October 19, 2020. Request for Confidential Classification FPL contends that the information provided pursuant to Audit No. 2020-007-4-1 contains information of a confidential nature, which is proprietary confidential business information within the meaning of Section 366.093(3), Florida Statutes. FPL 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 by FPL as private, and its confidentiality has been maintained. This information includes internal auditing controls, reports, notes of internal auditors, and information relating to internal auditing reports issued in 2019. Pricing and other terms, payment records, and vendor a nd supplier rates, as well as information related to the purchase and sale of energy and capacity, natural gas, and natural gas storage are also included in this information. FPL contends that this contract information is protected by Section 366.093(3)(b), F.S. FPL further contends that the disclosure of this data would impair FPL's efforts to contract for energy and capacity-related goods and services on the most favorable terms and would impair the competitive interests of both FPL and its counterparties. Thus, FPL contends that this material is protected by Section 366.093 (d), F .S . FPL further contends that this information relates to competitive interests, the disclosure of which would impair the competitive business of FPL, its affiliates, and its parent company, NextEra Energy. Such information is protected pursuant to Section 366.093(3)(e), F.S. Finally, under Section 366.093(4), F .S ., the information for which confidential classification is granted remains protected from disclosure up to 18 months unless good cause is shown to grant protection from disclosure for a longer period. Currently, the Commission retains audit reports for a period of seven years at which time the audit materials are returned to FPL unless Commission staff or another affected person requests that these audit materials continue
ORDER NO. PSC-2023-0017-CFO-EI DOCKET NO. 20230001-EI PAGE 2 to be retained. FPL states that the nature of these materials will not change over the next three years. In order to promote administrative efficiency, FPL requests that confidential classification for these audit materials be given for a period of thirty-six (36) months. Ruling Section 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. 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: (b) Internal auditing controls and reports of internal auditors. (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 Section 366.093(3), F.S., for classification as proprietary confidential business information. The information related to pricing terms and payment records 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” 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. 02749-2020, x-ref. 02461-2020 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 unless good cause is shown that protection from disclosure shall be for a specified longer period. Due to the unchanging nature of these audit materials and our seven year retention time for these audit materials, good cause is present to extend the confidentiality period to 36 months from the date of issuance of this Order. At the conclusion of the 36 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
ORDER NO. PSC-2023-0017-CFO-EI DOCKET NO. 20230001-EI PAGE 3 ORDERED by Mike La Rosa, Prehearing Officer, that Florida Power & Light Company’s First Request for Extension of Confidential Classification of Document No. 02749- 2020, x-ref. 02461-2020, is granted. It is further ORDERED that the information in Document No. 02749-2020, x-ref. 02461-2020, for which confidential classification has been granted, shall remain protected from disclosure for a period of up to 36 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. 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
ORDER NO. PSC-2023-0017-CFO-EI DOCKET NO. 20230001-EI PAGE 4 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.
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