Florida Public Service Commission native order document 08799-2024

FILED 9/3/2024
DOCUMENT NO. 08799-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Storm protection plan cost recovery
clause.
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DOCKET NO. 20240010-EI
ORDER NO. PSC-2024-0385-CFO-EI
ISSUED: September 3, 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION (DOCUMENT NO. 02943-2022)
On May 16 , 2024, 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 information contained in
DEF's Response to Staffs First Request to Produce Documents (No. 1), specifically documents
bearing Bates numbers 20220010-DEF00000l through 20220010-DEF-000239 (Document No.
02943-2022). Confidentiality was originally granted to this information by Order No. PSC-2022-
0395-CFO-EI, issued November 16 , 2022. This request was filed in Docket No. 20240010-EI.
Request for Confidential Classification
DEF contends that the information contained in Document No. 02943-2022 continues to
constitute proprietary and 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. 	More specifically, the
information in Document No. 02943-2022 relates to documentation of certain internal processes,
procedures, policies, a nd guidelines. DEF contends that this information relates to bids or other
contractual data, the disclosure of which would impair the efforts of DEF to contract for goods or
services on favorable terms. DEF also claims that this information relates to competitive
interests, the disclosure of which would impair the competitive business of DEF. DEF argues
that such information is entitled to confidential classification pursuant to Section 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 di sclosure 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-2024-0385-CFO-EI
DOCKET NO. 20240010-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 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 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 and in DEF’s Request appears to contain
information concerning bids or other contractual data, the disclosure of which would impair the
efforts of DEF 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. 02943-2022 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 Section 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 Gabriella Passidomo, as Prehearing Officer, that Duke
Energy Florida, LLC’s First Request for Extension of Confidential Classification of Document
No. 02943-2022 is granted. It is further
ORDERED that the information in Document No. 02943-2022, 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-2024-0385-CFO-EI
3rd
September 2024
ORDER NO.
DOCKET NO. 20240010-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of -------
DD
Gabriella Passidomo 	---
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
TaJlahassee, 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 REVI EW
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, 	procedw-al 	or
intennediate 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 util ity. 	A motion for reconsideration shall be filed with the Office of
Commission Clerk, in the fo rm prescribed by Rule 25-22.0376, Florida Administrative Code.
Judicial review of a preliminary, procedural or intennediate 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.