Florida Public Service Commission native order document 08404-2024

Order No. PSC-2024-0325-CFO-EIFlapubserv

Testo completo

FILED 8/13/2024
DOCUMENT NO. 08404-2024
FPSC - COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for rate increase by Duke Energy 	DOCKET NO. 20240025-EI
Florida, LLC. 	ORDER NO. PSC-2024-0325-CFO-EI
ISSUED: August 13 , 2024
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ORDER GRANTING DUKE ENERGY FLORIDA, LLC ' S
REQUEST FOR CONFIDENTIALITY
(DOCUMENT NO. 02342-2024)
On May 14, 2024, pursuant to Section 366.093 , Florida Statutes (F.S.), and Rule 25-
22.006, Florida Administrative Code (F.A.C.), Duke Energy Florida, LLC (DEF) filed a Request
for Confidential Classification (Request) of information contained in its Response to the Office
of Public Counsel's Second Request for Production of Documents (Document No. 02342-2024).
This request was filed in Docket No. 20240025-EI.
Request for Confidential Classification
DEF contends that the information contained in Document No. 02342-2024 constitutes
proprietary and confidential business information entitled to protection under Section 366.093 ,
F.S. , and Rule 25-22.006, F.A.C. DEF asserts that this information is intended to be and is
treated by DEF as private and has not been publicly disclosed. More specifically, the information
at issue relates to planning documents related to the DEF' s Infrastructure and Improvement Jobs
Act Grant Prioritization Process.
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 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:
(c) Security measures, systems, or procedures.
(e) 	Information relating to competitive interests, the disclosure of which would
impair the competitive business of the provider of the information.
ORDER NO. PSC-2024-0325-CFO-EI
DOCKET NO. 20240025-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 DEF’s Request appears to contain information concerning
DEF’s security measures, systems, or procedures and information relating to competitive
interests, the disclosure of which would impair the competitive business of the provider of the
information. Thus, the information identified in Document No. 02342-2024 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 Commissioner Gabriella Passidomo, as Prehearing Officer, that Duke
Energy Florida, LLC’s Request for Confidential Classification of Document No. 02342-2024 is
granted. It is further
ORDERED that the information in Document No. 02342-2024, 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. 	At the conclusion of the 18-month period, the
confidential information will no longer be exempt from Section 119.07(1), F.S., unless Duke
Energy Florida, LLC 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.
PSC-2024-0325-CFO-EI
13th
August 2024
ORDER NO.
DOCKET NO. 20240025-EI
PAGE3
By ORDER of Commissioner Gabriella Passidomo, as Prehearing Officer, this __ day
of ________,
MRI
Gabriella Passidomo
Commissioner and Prehearing Officer
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.tloridapsc.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: (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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