Order No. PSC-2024-0035-CFO-EI•Florida Public Service Commission native order document 00676-2024
Florida Public Service Commission native order document 00676-2024
Order No. PSC-2024-0035-CFO-EIFlapubserv
Testo completo
FILED 2/12/2024
DOCUMENT NO. 00676-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Review of Storm Protection Plan, DOCKET NO. 20220051-EI
pursuant to Rule 25-6.030, F.A.C., Florida ORDER NO. PSC-2024-0035-CFO-EI
Power & Li ht Com any. ISSUED: February 12, 2024-------"''---__.--"------------"
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
FIRST REQUEST FOR EXTENSION OF CONFIDENTIAL CLASSIFICATION
{DOCUMENT NO. 02426-2022
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 of documents contained in the
Response to Office of Public Counsel' s 1st Request for Production of Documents. Specifically,
FPL seeks extended confidential classification of Document No. 02426-2022.
Request for Confidential Classification
FPL' s original request for confidential treatment of information was granted by ORDER
NO. PSC-2024-0035-CFO-EIPSC-2022-0148-CFO-EI, issued on April 21, 2022. FPL asserts
that all of the information that was the subject of ORDER NO. PSC-2024-0035-CFO-EIPSC-
2022-0l 48-CFO-EI warrants continued treatment as proprietary and confidential business
information.
FPL contends that Document No. 02426-2022 contain certain information that constitutes
"proprietary confidential business information" entitled to protection under Section 366.093,
F.S., and Rule 25-22.006, F.A.C. FPL states that this information is intended to be and is treated
by FPL as private and has not been publicly disclosed.
FPL further contends that Document No. 02426-2022 contain information concerning
security measures, systems, or procedures and asserts that this information is protected by
Section 366.093(3)(c), F. S.
Ruling
Section 366.093(1), F.S., provides that records the Commission has found to contain
proprietary business information sha ll 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:ORDER NO. PSC-2024-0035-CFO-EI DOCKET NO. 20220051-EI PAGE 2 (c) Security measures, systems, or procedures. Upon review, it appears that the information satisfies the criteria set forth in Section 366.093(3), F.S., for classification as proprietary confidential business information. The information appears to contain security measure, systems or procedures. Thus, the information identified in Document No. 02426-2022 shall be granted a continuation of 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 Michael La Rosa, as Prehearing Officer, that Florida Power & Light Company’s First Request for Extension of Confidential Classification of the information contained in Document No. 02426-2022 is granted. It is further ORDERED that the information in Document No. 02426-202, for which confidential classification has been granted, shall remain protected from disclosure for a period of up to 18 months from the date 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. It is further ORDERED that this docket shall be closed.
ORDER NO. PSC-2024-0035-CFO-EI DOCKET NO. 20220051-EI PAGE 3 By ORDER of Chairman Mike La Rosa, as Prehearing Officer, this 12th day of February, 2024. Mike La Rosa Chairman 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. JDI 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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