Order No. PSC-2024-0422-CFO-EI•Florida Public Service Commission native order document 08972-2024
Florida Public Service Commission native order document 08972-2024
Order No. PSC-2024-0422-CFO-EIFlapubserv
Testo completo
FILED 9/11/2024
DOCUMENT NO. 08972-2024
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-2024-0422-CFO-EI
ISSUED: September 11 , 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 02219-2022)
On October 20, 2023, pursuant to Section 366.093, Florida Statutes (F.S.), and Rule
25-22.006, Florida Administrative Code (F.A.C.), Florida Power & Light Company (FPL) filed
its First Request for Extension of Confidential Classification (Request) of its response to the
Office of Public Counsel 's (OPC) First Production of Documents Request Nos. 5, 6, 11, and 12
(Document No. 02219-2022). Co nfidentiality was originally granted to this material by
Order No. PSC-2022-0150-CFO-EI, issued April 22, 2022.
Request for Confidential Classification
FPL contends that the information contained in OPC's First Production of Documents
Request Nos. 5, 6, 11, and 12 constitutes proprietary confidential business information
entitled to protection under Section 366.093, F.S., and Rule 25-22.006, F.A.C. FPL asserts
that this information is intended to be and is treated by FPL as private and has not been
publicly disclosed.
The information contained in OPC' s First Production of Documents Request Nos. 5, 6,
11, and 12, consists of piping diagrams of nuclear power plants Turkey Point Unit Nos. 3 and 4
and St. Lucie Units 1 and 2 as well as the details concerning security systems, transmission
facilities, and personnel procedures for these plants. This information, if disclosed, could impair
the security of these plants. For these reasons FPL argues that this information is protected
by Section 366.093(3)(c), 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 11 9, 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:
(c) Security measures, systems or procedures.PSC-2024-0422-CFO-EI 11th September 2024 ORDER NO. DOCKET NO. 2024000 I-El PAGE2 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 personnel procedures and schematic diagrams of the St. Lucie and Turkey Point nuclear units, if disclosed, could impact the security of those plants. Thus, the information identilied in Document No. 02219-2022 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 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 Commissioner Gabriella Passidomo, as Prehearing Officer, that Florida Power & Light Company's First Request for Extension of Confidential Classification of Document No. 02219-2022, is granted, as set forth herein. It is further ORDERED that the information in Document No. 02219-2022, 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 (o the parties of the date of declassification of the materials discussed herein. By ORDER of Comm issioner Gabriella Passidomo, as Prehearing Officer, this __ day of _______, SBr Gabriella Passidomo Commissioner and Prehearing Officer Florida Public Service Commission 2540 Shwnard Oak Boulevard Tallahassee. Florida 32399 (850) 413-6770 www.Ooridapsc.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.
ORDER NO. PSC-2024-0422-CFO-EI DOCKET NO. 20240001-EI PAGE 3 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.
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