Florida Public Service Commission native order document 09715-2024

FILED 10/29/2024
DOCUMENT NO. 09715-2024
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. 20240001-EI
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ORDER NO. PSC-2024-0462-CFO-EI
ISSUED: October 29, 2024
ORDER GRANTING FLORIDA POWER & LIGHT COMPANY' S
REQUEST FOR EXTENSION OF CONFIDENTIAL
CLASSIFICATION {DOCUMENT NO. 02144-2023)
On October 11 , 2024, pur suant 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 Extension of Confidential Classification (Request) of its response to the
Office of Public Counsel' s (OPC) First Production of Documents Request No. 7 (Document No.
02144-2023).
Request for Confidential Classification
FPL contends that the information contained in OPC's First Production of Documents
Request No. 7 continues to constitute 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 No. 7
consists of Framatome engineering information regarding St. Lucie Units 3 and 4 and Turkey
Point Units 1 and 2. 	This information is proprietary to Framatome and, if disclosed, could harm
the competitive interests of both Framatome and FPL. 	For these reasons FPL argues that this
information is protected by 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 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:
(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.

ORDER NO. PSC-2024-0462-CFO-EI
DOCKET NO. 20240001-EI
PAGE 2
(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 engineering information regarding the St. Lucie and
Turkey Point nuclear units, if disclosed, would violate the non-disclosure agreement FPL has
with Framatome and harm both the competitive interests of both parties. Thus, the information
identified in Document No. 02144-2023 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 Request for Extension of Confidential Classification of Document
No. 02144-2023, is granted, as set forth herein. It is further
ORDERED 	that 	the 	information 	in 	Document 	No. 	02144-2023, 	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-2024-0462-CFO-EI
29th
October 2024
ORDER NO.
DOCKET NO . 20240001-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of-------
SBr
Gabriella Passidomo
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 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: ( l) 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 wi ll 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.