Florida Public Service Commission native order document 02703-2024

FILED 5/3/2024
DOCUMENT NO. 02703-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for limited proceeding for
recovery of incremental storm restoration costs
related to Hurricanes Elsa, Eta, Isaias, Ian,
Nicole, and Tropical Storm Fred, by Duke
Ener y Florida, LLC.
DOCKET NO. 20230020-EI
ORDER NO. PSC-2024-0141-CFO-EI
ISSUED: May 3, 2024
ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
REQUEST FOR CONFIDENTIAL CLASSIFICATION
DOCUMENT NO. 00385-2024)
On 	February 	19, 	2024, 	Duke 	Energy 	Florida, 	LLC 	(DEF) 	filed 	its 	Request 	for
Confidential Classification of its response to the Office of Public Counsel 's (OPC) First Set of
Interrogatories Nos. 9 and 21 and OPC' s First Request to Produce Documents Nos. 7, 8, 17, and
33 (Document No. 00385-2024).
Request for Confidential Classification
DEF 	contends 	that 	the 	information provided 	in 	response 	to 	OPC's 	First 	Set 	of
Interrogatories Nos. 9 and 21 and OPC' s First Request to Produce Documents Nos. 7, 8, 17, and
33 contains information of a confidential nature, which is proprietary confidential business
information within the meaning of Section 366.093(3), F.S.
DEF contends that the information is proprietary and confidential business information
within the meaning of Section 366.093(3), F.S. 	This information is intended to be and is treated
by DEF as private, and its confidentiality has been maintained. 	This information consists of the
negotiated terms of contracts and mutual aid agreements, contractor invoices, Excel spreadsheets
calculating invoice payments and explanations concerning invoices for line crew contractors
providing restoration work. 	Therefore, DEF contends that this information is protected by
Section 366.093(3)(e), F.S. 	Releasing the bid and contract data contained in these responses
also would impair the competitive businesses of both DEF and the contractors providing line
crews in violation of Section 366.093(3)(d), 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 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 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-2024-0141-CFO-EI
DOCKET NO. 20230020-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 service 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 satisfies the criteria set forth in
Section 366.093(3), F.S., for classification as proprietary confidential business information. The
information described above appears to be information concerning contracts and mutual aid
agreements, 	contractor 	invoices, 	Excel 	spreadsheets 	calculating 	invoice 	payments 	and
explanations concerning invoices for line crew contractors providing restoration work, the
disclosure of which could impair the competitive business of both DEF and its contractors.
Thus, the information identified in Document No.00385-2024, 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 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 Art Graham, as Prehearing Officer, that Duke Energy Florida, LLC’s
Request for Confidential Classification for its response to OPC’s First Set of Interrogatories Nos.
9 and 21 and OPC’s First Request to Produce Documents Nos. 7, 8, 17, and 33 (Document No.
00385-2024) is granted. 	It is further
ORDERED that the information in Document No. 00385-2024), 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.

ORDER NO. PSC-2024-0141-CFO-EI
DOCKET NO. 20230020-EI
PAGE 3
By ORDER of Commissioner Art Graham, as Prehearing Officer, this 3rd day of May,
2024.
ART GRAHAM
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.
SBr
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.