Florida Public Service Commission native order document 00158-2023

FILED 1/10/2023
DOCUMENT NO. 00158-2023
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Florida
Power & Light Company.
DOCKET NO. 20210015-EI
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ORDER NO. PSC-2023-0033-CFO-EI
ISSUED: January 10, 2023
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY'S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
(DOCUMENT NO. 11240-2021)
On September 16, 2021, 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 a
Request for Confidential Classification (Request) of certain information contained in responses
to the League of United Latin American Citizens (LULAC), the Environmental Confederation of
Southwest Florida (ECOSWF) and Florida Rising, Inc. ' s (FR) informal data request which
included 	workpapers 	for 	FPL's Exhibit No. 	KS-4 	(Document No. 	11023-2021). 	These
workpapers are attached to a Stipulation Between FPL and LULAC/ECOSWF/FR dated August
20, 2021, admitted into evidence at trial as Exhibit No . 591 .
Request for Confidential Classification
FPL contends that certain information contained in workpapers for FPL's Exhibit No.
KS-4 constitutes proprietary and 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 ha s not been publicly di sclosed.
FPL contends that certain information in the workpapers for FPL's Exhibit No. KS-4
consists of personnel salaries and salary benchmarking analyses whose disclosure would impair
FPL's ability to attract and retain the personnel necessary to provide safe, reliable and affordable
service to its customers. 	On this basis, FPL argues that this information is protected by Section
366.093(3)(e), F.S.
Ruling
Section 366.093(1), F.S., provides that records the Commission has found to contain
proprietary business information shall be kept confidential and 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:
(e) 	Information relating to competitive interests, the disclosure of which would
impair the competitive business of the provider of the information.

ORDER NO. PSC-2023-0033-CFO-EI
DOCKET NO. 20210015-EI
PAGE 2
Upon review, it appears the above-referenced information satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
information described above and in FPL’s Request appears to contain information relating to
competitive interests, the disclosure of which would impair the competitive business of FPL as
well as the provider of the information. Thus, the information identified in Document No.
11240-2021 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. 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 Gary F. Clark, as Prehearing Officer, that Florida Power & Light
Company’s Request for Confidential Classification of Document No. 11240-2021 is granted. It
is further
ORDERED that the information in Document No. 11240-2021, 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. At the conclusion of the 18-month period, the
confidential information will no longer be exempt from Section 119.07(1), F.S., unless Florida
Power & Light Company or another affected person shows, and the Commission finds, that the
records continue to contain proprietary confidential business information. 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.

10th
January 2023
PSC-2023-0033-CFO-EI	ORDER NO.
DOCKET NO. 202 1001 5-EI
PAGE3
By ORDER of Commissioner Gary F. Clark, as Prehearing Officer, this __ day
of ___________ _
SBr
GARY F. CLARK
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 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 al l 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 substantia ll y 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 IO days pursuant to Ru le 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.